Letter of Intent to File Civil Action or Civil Action has been filed
If a patient has retained counsel, s/he is likely to want to make a civil claim first. Call your insurance and they will find counsel for you. You may want to interview license defense attorneys in your State to see with whom you feel comfortable. Do not reach out to the patient/plaintiff. Forthwith, your attorney will be speaking on your behalf to everyone.
This process may require a year or longer before it is settled. During this time, your attorney may recommend that you take an extensive course on boundaries. These courses run in the $1000’s and will likely be required by the licensing board if the patient eventually files a board complaint.
I've been reported to the board
and am under investigation
After your civil case has been resolved, the former patient may then file a board complaint. You will be informed by the Licensing Board via email or mail. It is recommended that you keep your address/or email updated so that you receive all correspondence. The Board will ask you via email very specific questions that are based on the former patient’s complaint. You will have an opportunity to respond. Your attorney may advise you to plead the fifth as sexual contact with a patient in some states is considered a crime. Some attorneys, however, concede that it is unlikely that a therapist would be arrested unless there are multiple complaints of predatory behavior. The investigation can take 12 – 18 months if you plead the fifth. Probably shorter if you answer to the investigator’s questions. The downside of pleading the fifth is that the patient has control of the story and there are plenty of situations in which the patient’s perception of what occurred greatly differs from your own. Dr. Lawrence Hedges, a forensic psychoanalyst, writes a lot about “false accusations” here.
One of the biggest questions while you’re under investigation is whether or not you should be accepting new patients. You are, of course, legally allowed to take on new patients while licensed. But, you will also have to be prepared to have that conversation with the patient who may feel betrayed after investing time, money and feelings with you.
Self-care through therapy and community is of great importance during this time. The impulse to isolate in your fear and shame might be very high but it will not help you. If you haven’t discussed your situation with anyone, you may consider talking about your issue with one or two trusted friends or family.
An Accusation is in place
If you pleaded the fifth, and the Board believes it has enough evidence, your case will be forwarded to the Attorney General’s office which will notify you and your attorney via mail and email that an accusation is in place. You will receive a copy of the patient’s complaint as well as any evidence s/he has provided to the Board.
You and your attorney will have to prepare your defense. If the patient’s allegations seem embellished or just plain false, it is likely to make you very angry and defensive. It’s important to remember the Five Stages of Grief to help you process the current tragedy of your situation: Denial, Anger, Bargaining, Depression, Acceptance.
Preparation for your defense includes a “mitigation package” in which you will need to ask trusted friends and colleagues to write letters attesting to your character. Your involvement in non-profit organizations may also help your defense.
My License is on probation
If the Board decides to put you on probation, you will likely be required to have a supervised practice. This means you will have to find a supervisor with whom you will meet weekly and who will be providing quarterly reports to the Board. This person will be someone with whom you do not have a previous acquaintance. The Board will also likely expect you to be in weekly therapy (which you are likely to already be in if you have come this far). The length of time the Board will expect you to be in supervision and therapy can range between 5-8 years. So this will be a very large expense. You will also likely be expected to pay the Board a fee for their investigation and hearing and this can cost you in the tens of thousands of dollars. You will then be expected to communicate to your patients who will have to sign a form that they understand you are under supervised practice because you are on probation. Consulting with a supervisor experienced with this is greatly recommended.
my license was revoked
If your license was revoked, your attorney may want to go to trial.