Psychology License Defense
Representation Before the State Board of Psychology
The State Board of Psychology licenses psychologists in the Commonwealth and enforces the Professional Psychologists Practice Act and its regulations, including the ethical principles the Board has adopted. The Board's standards reach clinical practice, assessment, supervision, recordkeeping and relationships with clients and former clients.
Complaints frequently arise from custody evaluations and other forensic work, where one party is often dissatisfied with the result, as well as from allegations of boundary violations and breaches of confidentiality, billing disputes and the supervision of trainees. Because forensic complaints are common, the psychologist's file and the procedures followed in the evaluation are often decisive.
Mimm Law, LLC represents psychologists at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Psychology
- Statute
- Professional Psychologists Practice Act, 63 P.S. § 1201 et seq.
- Regulations
- 49 Pa. Code Chapter 41
- Licensees
- Psychologists
- Renewal
- Biennial; licenses expire November 30 of odd-numbered years
Who the Board Regulates
- Licensed psychologist
- Temporary license for qualifying psychologists licensed elsewhere
- Practice under the Psychology Interjurisdictional Compact (telepsychology and temporary in-person practice)
Grounds for Discipline
Section 8 of the Professional Psychologists Practice Act (63 P.S. § 1208) authorizes the Board to discipline a licensee for, among other things:
- Failure to meet the standards for licensure
- Misleading, deceptive, untrue or fraudulent representations, or fraud in obtaining a license
- Gross incompetence, negligence or misconduct
- A false or deceptive biennial registration
- Conviction of a felony, or of a misdemeanor in the practice of psychology, including guilty and nolo contendere pleas
- Discipline by another jurisdiction
- Inability to practice safely because of illness, substances or a mental or physical condition
- Violation of the Board's regulations or orders
- Immoral or unprofessional conduct, meaning a departure from prevailing standards of psychological practice
- Soliciting clients by coercion, intimidation or harassment
- Intentionally billing a third-party payor for a service or treatment that was not actually provided
- Failure to keep the records the regulations require
Sanctions the Board May Impose
The Board may refuse, suspend, revoke, limit or restrict a license, issue a public reprimand, require care, counseling or treatment, impose probation or restore a license subject to conditions. A license is automatically suspended upon a felony drug conviction. The Board must temporarily suspend the license of a licensee who presents an immediate and clear danger to the public, with a preliminary hearing within 30 days and a limit of 180 days, and a revoked licensee cannot apply for reinstatement for at least five years and must retake the examination.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Forensic and Custody Work
Evaluations performed for courts and litigants are held to the ethical standards the Board has adopted. The evaluation file, including notes, test data and the scope of the engagement, should be complete and preserved.
Records and Confidentiality
Psychologists must keep the records the regulations require and must protect client confidentiality, subject to the exceptions recognized by law. Release of records in response to a subpoena or a request should be handled carefully. All data entries in client records must be kept for at least five years after the last service.
Continuing Education
Licensees must complete 30 hours of continuing education each biennial period, including at least 3 hours in ethics and 2 hours in child abuse recognition and reporting, and any other subjects the law requires.
Matters We Handle
- Complaints arising from custody and forensic evaluations
- Boundary and dual-relationship allegations
- Confidentiality and recordkeeping concerns
- Supervision of trainees and pre-licensure experience
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A parent filed a complaint about my custody evaluation. What should I expect?
Complaints following custody evaluations are common, and the Board will focus on whether the evaluation was conducted in accordance with professional standards rather than on the result. The response should address the procedures followed, the data relied upon and the limits of the opinions offered.
May I respond to a client's online review or complaint?
A psychologist must protect client confidentiality even when responding to criticism. A public response that confirms the relationship or discloses clinical information may itself become the subject of a complaint.
Is the Voluntary Recovery Program available to psychologists?
Yes. The State Board of Psychology participates in the Professional Health Monitoring Program, and a qualifying licensee may enroll in the Voluntary Recovery Program and avoid public discipline by complying with its terms.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.