A behavioral science practitioner studies how people act and helps individuals manage mental health issues that hinder their daily functioning. Given the sensitive nature of this job, you must conduct yourself professionally and adhere to legal and ethical standards, including integrity, dignity, empathy, and respect for your patients. Failure to comply may result in disciplinary measures, ranging from receiving a citation to revoking your license.

At the Sacramento License Attorney, we understand that you may face penalties for incompetence or negligence, even without deliberately violating the law. We can help collect evidence to build a solid defense against the complaint. We will also support you throughout the process before the Board of Behavioral Sciences and negotiate to secure favorable terms.

An Overview of the Behavioral Sciences Licensing Board

To practice the following professions in California you must obtain a license from the Board of Behavioral Sciences:

  1. Licensed Marriage and Family Therapist.
  2. Licensed Clinical Social Worker.
  3. Licensed Professional Clinical Counselor.
  4. Licensed Educational Psychologist.

The primary objective of the BBS is to protect clients by ensuring that practitioners working in mental health services are highly skilled, adhere to a code of ethics, and provide high-quality, safe services.

The following are the roles and responsibilities of this Board:

  • Providing licensure criteria for mental health professionals.
  • Administering written examinations for all categories of mental health practitioners.
  • Develop and communicate professional guidelines for therapists to follow.
  • Enforcing the standards through disciplinary measures against practitioners who infringe on them.

The BBS receives complaints about alleged misconduct that, if proven, would justify disciplinary action against a licensee. BBS enforcement personnel can initiate investigations into these allegations and analyze the grievances.

If the Board is investigating you, you should choose a seasoned lawyer specializing in professional license defense. Your attorney can help protect your license by:

  • Providing legal advice.
  • Conducting thorough preparation.
  • Advocacy during BBS investigation interviews.

Common Allegations Against Behavioral Sciences Licensees

The Board often receives complaints and allegations against behavioral science professional license holders. These include the following:

  • Engaging in inappropriate sexual behavior with a patient.
  • Substance misuse.
  • Violating a patient's confidentiality.
  • Engaging in unauthorized practice.
  • Deception and more criminal acts.
  • Facilitating and obtaining compensation for the referral of patients.
  • Misleading marketing.
  • Collaborating with an assistant who does not possess a valid license.
  • Engaging in practice while subject to discipline by a government agency or similar governing body.
  • Neglecting to oversee your subordinate.
  • Failure to maintain accurate patient documentation.
  • Participating in fraudulent acts.
  • Gross negligence and incompetence.

Possible Disciplinary Measures

The California BBS will propose disciplinary measures against you to allow your defense attorney sufficient time to advocate and protect your professional license.

Possible disciplinary measures may include:

Public Reprimand

The licensing board will issue a public reprimand if you violate the California Business and Professional Code. The information is publicly available on the BBS website and can affect future work prospects and client relationships.

Fines and Citations

Although not explicitly included in the formal disciplinary standards, citations and fines are implemented as disciplinary measures. If you commit a relatively minor offense that does not cause harm to the public or your patient, the board will enforce these penalties.

Probation

Probation entails temporarily restricting your professional license. This allows you to continue practicing under specific conditions. You must strictly comply with the terms of your probation to maintain this privilege.

License Suspension

You will cease practicing after a license suspension until the licensing board reinstates it. Sometimes, the board can impose a temporary suspension. However, your lawyer can challenge it. The attorney can negotiate a license suspension that ends upon meeting specific criteria or one with a shorter suspension period.

Revocation

Revoking a professional license is the most severe form of professional disciplinary action. However, this termination does not signify the end; your legal representative can help you restore it.

Terms and Conditions for Probation

Disciplinary measures fall into two distinct categories. The first includes optional probation terms and conditions depending on the specific factors and circumstances of the case. The second category comprises standard probationary conditions that must be included in the stated agreement.

The following are some common optional probation conditions:

  • Undergo a psychiatric/psychological assessment administered by a certified psychologist or psychiatrist designated by the licensing board within ninety days.
  • Participating in continuous psychotherapy sessions with a certified mental health professional.
  • Undergo diagnostic clinical assessments within twenty days of the licensing board's decision.
  • Supervision while working.
  • Acquiring education in specialized fields.
  • Complete and pass licensing examinations.
  • Participating in a program for rehabilitation.
  • Abstaining from using controlled drugs and complying with drug and alcohol tests.
  • Successfully fulfilling training for two semesters of coursework in the subjects of law and ethics.

The probation terms that are universally applicable in all instances are as follows:

  • Adhering to all legal requirements.
  • Complying with the terms of the probation term.
  • Preparing and submitting quarterly statements.
  • Submitting to interviews with the Board.
  • Informing your employer about the accusations against you.
  • Provide the BBS with the contact information, names, and residential addresses of your contractors, supervisors, and employees.
  • Informing Clients.

If you fail to comply with the probation conditions, the board may revoke your stay order and suspend or revoke your license after giving you a fair opportunity to present your case.

How the Board Addresses Allegations of Misconduct

The BBS will notify you of any misconduct allegations within ten days after it has received the notification of the alleged misconduct or violation. Here is a preview of what you can anticipate.

Minor Violations

If the licensing board deems the allegation against you is a minor violation, they will take one of the following actions:

  • Enable a resolution with the individual making the complaint.
  • Provide you with a formal written warning.
  • Arrange a meeting with a board investigator or expert case evaluator.

Serious Violations

If the accusation includes serious violations such as sexual misconduct, gross negligence, or incompetence, a law enforcement officer employed by the California Medical Board will investigate the issue.

A BBS investigator will then inform you about the progress and interrogate you. During this interrogation, you can look into the specifics of the accusation and ask about anything you do not understand about the disciplinary procedure. While details about the allegations and ongoing investigation are confidential, you can access these details during the administrative proceedings.

Referral to the Attorney General

If sufficient evidence substantiates the claims following the investigations, the BBS will forward the case to the AG to evaluate disciplinary actions regarding your license. You will be notified of the referral.

Subsequently, the California Deputy Attorney General must draft an accusation. An accusation is a formal statement of the claims made against you and serves as the initial public record in the BBS disciplinary action. Both you and the complainant will receive a copy.

You can request a hearing to challenge the allegations.

Agreed Settlements

Typically, your attorney and the California Deputy Attorney General reach a mutually agreed-upon settlement instead of proceeding with a disciplinary proceeding. You will acknowledge culpability for one or more offenses and agree that disciplinary measures are warranted.

The BBS enables agreed settlements, reducing the likelihood of costly administrative proceedings and enabling swift disciplinary action to safeguard consumer interests.

The Administrative Proceedings

The board sets a hearing date if the stipulated settlement fails. An administrative law judge presides over the hearing. The following individuals are eligible to provide testimony:

  • The defendant.
  • Witnesses of the Board.
  • The witnesses called by the defendant to testify and provide evidence in support of their case.

The California licensing authority must present compelling evidence to convince the ALJ. If an administrative hearing occurs, you must submit your testimony within thirty days of the initial hearing. The Administrative Law Judge will then issue a preliminary decision containing their factual findings and recommendations.

The Administrative Law Judge can propose disciplinary actions against you if the allegations are proven true. If the accusation of wrongdoing is not proven, the judge may suggest dismissing it.

BBS members will vote to determine the outcome of the proposed ruling. The suggested resolutions are then implemented. However, the BBS retains the authority to reject the resolution and make a final decision by evaluating the administrative hearing transcripts, including verbal and written records. Final resolutions are considered public records and available to you and the complainant. The hearing can last up to two years.

What to Expect During a Professional License Disciplinary Proceeding

Licensees become aware of an ongoing investigation against them only after receiving a call, a subpoena,  if requested to submit records or a notice from the BBS or the Department of Consumer Affairs.

You must take the investigation seriously because of the potential consequences of losing your license. You will be challenging experienced investigators who are experts in this field. Your primary goal is to conclude the investigation successfully without damaging your professional license or career.

Your lawyer can develop a solid defense to persuade the board that disciplinary actions are unwarranted. Here are some steps you can take to increase the likelihood of a positive outcome:

  • Submit the necessary paperwork to protect your right to legal defense.
  • Thoroughly examining the facts and available evidence.
  • Examining the regulations governing the alleged misconduct.
  • Identifying and seeking advice from appropriate professionals.
  • Hiring a skilled defense investigator to find the proper witnesses or proof.
  • Hiring a specialist to assess the documents involved.
  • Participate in a formal psychiatric assessment and, if necessary, enroll in rehab.
  • Obtaining the documents you require.
  • Developing a rehabilitation plan to address and overcome issues related to chemical dependency.
  • Evaluating the degree of criminal fault and analyzing its impact on your legal defense.
  • Arrange an appointment with the DCA investigators to present information that contradicts the accusation or lessens the severity of the alleged misconduct.

Stages of Your Professional Licensing Defense

An attorney can represent you throughout all six phases of your licensing investigation and disciplinary process. The stages include the following:

  • An accusation submitted to the Board.
  • Interview regarding the investigation of a license.
  • Filing of an official accusation.
  • Scheduling of an administrative hearing to take place at the Office of Administrative Hearings (OAH).
  • Appeal for a Writ of Mandamus.
  • Reinstatement of license or alleviation of penalties.

If the Board, upon evaluation, determines that the allegations against you are substantiated, it will decide on the most suitable disciplinary action. The available options include:

  1. The BBS refutes the accusation of misconduct against you due to its lack of validity.
  2. BBS dismisses the accusation even if it is substantiated.
  3. The BBS sends your case to the Attorney General's office for legal action. The Attorney General has the authority to refuse an applicant a license, suspend or cancel an existing license, impose probationary conditions, and demand reimbursement for investigation costs incurred by the Board of Behavioral Sciences (BBS).
  4. The BBS can address the matter internally by issuing a citation, imposing a fine, issuing a simple reprimand.

Your skilled professional attorney provides legal representation for various aspects of the behavioral science license process, including:

  • Application for a license.
  • Interrogations and inquiries.
  • Penalties and citations.
  • Alternative rehabilitation programs.
  • Attending board hearings.
  • Evaluation of the decisions made by the ALJ.
  • Implementation of administrative law rulings.
  • Judicial review of rulings in the Superior Court of California.
  • Applications for the reinstatement of a license.
  • Petitions for modifying probation.
  • Petitions for early termination of probation.
  • Strategies to prevent or halt the BBS disciplinary actions and associated legal proceedings.

Find a Skilled Professional License Attorney Near Me

As a behavioral scientist, you have undergone extensive training to help patients deal with their problems, and your work significantly impacts them. If you engage in any misconduct, you may face disciplinary measures. Such actions could negatively affect your professional standing and nullify the efforts you have invested in building your career.

Therefore, if you are summoned by the Board of Behavioral Sciences regarding a complaint about an incident in your practice, it is advisable to seek advice from an experienced lawyer. We at Sacramento License Attorney can help you navigate through the whole process. Call us today at 279-242-4711 to schedule your consultation.