Poliak v. Board of Psychology

In Poliak v. Board of Psychology (1997) 55 Cal.App.4th 342, the Board of Psychology revoked the license of a psychologist charged with acts of unprofessional conduct, including engaging in sexual relations with a patient. The psychologist petitioned for writ of administrative mandamus, arguing that the evidence did not support some of the Board's findings and that revoking the license was an excessive penalty. The trial court denied the petition. (Poliak v. Board of Psychology, supra, 55 Cal.App.4th at pp. 345-346.) On appeal, Poliak emphasized that the psychologist had sexual relations with a former patient only after the psychologist-patient relationship ended. Therefore the evidence did not support the finding that the psychologist violated two disciplinary statutes. (Poliak v. Board of Psychology, supra, 55 Cal.App.4th at pp. 360-361, 363, regarding Bus. & Prof. Code, 2960, subd. (o), listing "sexual relations with a patient" as grounds for discipline of a psychologist's license; and Bus. & Prof. Code former, 726, defining "any act of sexual . . . relations with a patient . . . substantially related to the qualifications, functions, or duties of the occupation for which a license was issued constitutes unprofessional conduct and grounds for disciplinary action.") Because of doubt whether the Board of Psychology would have revoked the license had it not erroneously found the psychologist engaged in sexual relations with a patient, Poliak remanded the case for reconsideration of the penalty. (55 Cal.App.4th at p. 364.)