ABSTRACT
This chapter explores the ways in which licensing boards exacerbate therapist vulnerability. The administrative law governing licensing board investigations is contrasted with the court procedures of malpractice actions. Every mental health profession advocated for inclusion in licensing and for the creation of licensing boards. Licensing boards are consumer protection entities. The licensing board that searches out and punishes offenders is seen as a good board. In contrast to licensing board investigations, malpractice litigation requires the plaintiff to prove, with a preponderance of evidence, that the therapist had a legal duty, was derelict in that duty, and that the client suffered harm caused by the professional’s dereliction. The literature describing therapist risk for malpractice claims and licensing board complaints parallels the development of the literature on child sexual abuse. Profiles of false allegations and the contexts in which they occurred began to appear in the literature. The chapter outlines perpetrator profiles, complainant profiles, and context profiles.
