July 22, 2010

When Therapists Also Need Help

Professionals beware…if you suffer a criminal conviction (or perhaps even simply suffer an arrest)…your professional license, livelihood, and reputation are on the line. This is because most California professional organizations discipline their members for criminal conduct.

And while that sounds somewhat obvious at first blush, thinking about it further raises some controversial issues. For starters, what kind of criminal conduct? Any criminal conduct?

The legal answer is no, not any criminal conduct. Only conduct that is substantially related to the qualifications and functions of your profession are supposed to result in discipline. The real-life answer, however, is yes…pretty much any criminal conduct.

Let’s say that you’re a social worker or marriage therapist accused of a California crime. If, for example, the allegations against you are that you engaged in criminal sexual conduct with a client, a hold on your license might be understandable.

However, California law has upheld license restrictions and suspensions for social workers and marriage therapists accused of California crimes including DUIs, brandishing a weapon, possession of a controlled substance, battery, and theft…and these are just a sample of the types of crimes that the state argues are “substantially related” to being a therapist.

As you can see, essentially any criminal conduct could subject you to professional discipline, which is why it is critical to consult with an experienced California criminal defense attorney immediately upon any accusation. Keeping your record clean is the key to keeping your job.

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