Most psychologists will never face a licensing board complaint. Still, there are some things to know that will help you avoid a complaint, and help you deal well with one, if it should happen. We will look at the Board, itself, and at the anatomy of a complaint, and how to avoid, defend, and survive one.
Goals of Part I:
--Understand the mandate, history, and operation of the Texas State Board of Examiners of Psychologists
--Understand some common problem areas that lead to a complaint.
--Predict the course of a complaint made to the Board, and the client most likely to make a complaint.
II. Avoid spending your time in the hall at the Courthouse.
Few things are as frustrating as a wasted day in the hall at the courthouse waiting to testify – and then, later, to be grilled in cross examination. You can predict which cases are high risk, and you can avoid them.
What to do before the subpoena comes, and what to do afterward.
Goals of Part II:
--Identify clients/cases most likely to result in your being called to deposition and testimony.
--Understand the process and time frame for serving and responding to a subpoena.
--Know what lawyers commonly want, and how to avoid making yourself an interesting target for a subpoena.
III. Lawsuits that are not yours: Avoid them; don’t fight them.
No one comes out ahead in a lawsuit (except the lawyers). There are things you can do to avoid being included in lawsuits that are the consequence of other people’s acts. Know how to organize your business and your professional activities, so you won’t be cannon fodder for someone else’s dispute.
Goals of Part III
--Understand vicarious liability and agency theory and the psychologist’s risk in each.
--Identify ways to structure your business to avoid both – and common mistakes psychologists make, and how to avoid them.
--Some comments about wills, contracts, and other paper.
