Upon studying human behavior as a behavioral science professional, you help people cope with mental health issues affecting their lives. This job requires you to be professional and follow the law and code of ethics because of its delicate nature. You must uphold dignity, integrity, non-maleficence, and respect for human rights. Failure to observe this, you risk facing penalties that range from a citation to revocation of your license. The best way to secure your livelihood as a licensed mental health practitioner is to keep your license in good standing. You should consult a qualified license attorney if a complaint is filed against you or if you are under investigation for a violation. At the San Francisco License Lawyer, we have competent attorneys who can help you safeguard your professional license.
An Overview Of The Board Of Behavioral Sciences
The Board of Behavioral Sciences (BBS) is responsible for examining, licensing, and enforcing professional standards for certain mental health practitioners. They investigate and respond to allegations filed against licensees and registrants for law violations related to:
- Counseling
- Educational psychology
- Therapy, and
- Social work
A formal accusation can result from a complaint and may lead to disciplinary actions by the BBS. Some of the penalties you can face include license suspension, revocation, or probation. A license defense attorney can help you if you become the subject of a Board of Behavioral Science investigation. An attorney understands the complexities of protecting your license and reputation. Your attorney will work to protect your livelihood and license, whether your issues stem from drug dependence, criminal acts, or malpractice.
Professional Licenses That Are Part Of The Board Of Behavioral Sciences
The BBS oversees all regulations and licenses for the behavioral sciences sector, which encompasses various professions. It is responsible for licensing and regulating the following individuals:
Clinical Counselors
The BBS issues licenses to clinical counselors. There is a high demand for professionals who deal with emotional, behavioral, or mental issues and illnesses in people. However, you must secure a license from the regulatory body to practice in this field. This job requires you to visit patients in workplaces, residences, or hospitals.
You are often at risk of being accused of legal infractions or violating the ethical code while performing your duties. The BBS can take disciplinary actions against you if you are guilty. Any disciplinary action can hurt your career and life. You must fight to prevent adverse repercussions if this happens.
Educational Psychologists
Educational psychologists must also secure a license from the BBS. Professionals in this field deal with parents, students, and teachers to promote emotional, academic, and behavioral success in students. They carry out comprehensive psychological assessments on students and provide guidance, especially if a student is struggling with a traumatic event or personal issues. You can face disciplinary proceedings just like other professions in the behavioral science field if a parent, teacher, or students file a complaint against you.
Clinical Social Workers
You will be required to address various societal issues if you are licensed in this field. Some of the problems include:
- Mental illnesses
- Addictions
- Mistreatment of the elderly or children
- Poverty, and
- Domestic violence
Your primary duty will be to counsel patients and direct them to the appropriate services and information. Additionally, you can help patients address issues that significantly impact their daily lives. This can involve traveling to different places, including hospitals, homes, and offices. However, some people might not like your problem-solving techniques and can report you to the BBS. Other individuals can be accused of ethical violations, resulting in disciplinary actions. If this happens, you should seek the services of an experienced license attorney. An attorney can help you develop a solid defense against these allegations.
The Common Reasons For Facing Disciplinary Measures
You could face disciplinary actions for different reasons. The common allegations include:
- Conflict of interest
- Anger management issues
- Deceptive or false advertising
- Permitting unauthorized practice
- Breaching patient confidentiality
- Failure to comply with reporting laws on minors
- Practicing outside the range of your license
- Criminal convictions for offenses like petty theft or drunken driving
- Deceit, forgery, or fraud
- Inappropriate relations with patients
- Malpractice, incompetence, or negligence
- Substance abuse
You should consult a seasoned license attorney even if the claims against you seem unsubstantiated or trivial. Your career could be at risk if you commit an ethical violation or receive a complaint about subpar care.
The Disciplinary Actions The BBS Can Take Against You
The BBS and other professional licensing authorities regulate and oversee the practice of therapy, educational psychology, counseling, and social work in California. The board issues licenses and ensures adherence to professional standards. Most reported that the BBS enforcement division in behavioral health investigates infractions of the California legislation and regulations.
Any person can complain about you, including law enforcement agencies, insurance companies, coworkers, former clients, or current clients. The BBS will start an investigation after receiving a complaint.
A BBS investigator will call you to request an interview, a statement, or a specific document. It is essential to consult with your attorney before interacting with or meeting a Board investigator. Your case can be closed if it lacks supporting evidence. Alternatively, you could face lesser disciplinary actions, like a citation and a fine. Your attorney can provide evidence that can disprove or mitigate your case if he/she intervenes early in the process.
The BBS will submit an allegation or a written statement of accusations against you if the complaint is valid. The board will take this action against the registrant responsible for the case. The office of the Attorney General often handles accusations.
Several options are available, even if facing a formal accusation could be stressful. Some of the options include attending a hearing or negotiating a settlement before the Administrative Law Judge. You may face disciplinary measures if you are found guilty of committing the alleged crime. The following are the disciplinary measures you can face:
- Probation
- The revocation of your license
- Suspension of your license, and
- A public reprimand
You should seek the services of an experienced attorney even if you can represent yourself at a BBS investigation and before the OAH after a claim has been submitted. Investigations can lead to formal accusations that may result in the loss of your license. You can also face criminal charges depending on the circumstances of your violation. Having an attorney is essential to protect your interests.
Probationary Terms And Conditions
Model disciplinary measures are classified into two. The first category has optional terms and conditions of probation, which are deemed appropriate. They are outlined in the disciplinary guidelines, based on the nature and facts of your charges. The second classification constitutes standard probation terms, which are included in the stipulated agreement.
The following are the common optional probation conditions:
- Completing two-semester units in law and ethics
- Abstaining from controlled substances and undergoing alcohol and drug testing
- Enrolling in a rehabilitation program
- Take and pass licensure exams
- Completing education in specific areas
- Supervised practice
- Undergoing a diagnostic clinical assessment within 20 days of the Board making this ruling
- Engaging in ongoing psychotherapy with a certified mental health expert
- Completing a psychological or psychiatric assessment carried out by a licensed psychologist or psychiatrist appointed by the board within 90 days.
The following are the standard probation terms, which apply in all cases:
- You cannot be an instructor of any coursework for continuing education credit needed by any board-issued professional license
- Informing clients about the violation
- You must inform your employer of the accusations when offering services within your license’s scope of practice. The board can also order you to provide the names, contact details, and addresses of your employees, supervisors, and contractors.
- Change of place of residence or employment
- Undergoing interviews with the licensing board
- Filing reports quarterly
- Complying with the probation program
- Following all laws
The board can set aside your stay order and revoke or suspend your license if you violate the terms of your probation.
Stipulated Settlements
Your license attorney and the Deputy Attorney General can make a stipulated settlement instead of holding a disciplinary hearing. You will admit or stipulate guilt for one or more and agree that the punishment is justified. The BBS often prefers stipulated settlements because they reduce the potential for costly administrative proceedings. They also enable the imposition of faster disciplinary measures for consumer protection.
Denial Of Your Professional License
After devoting your time and resources to becoming a behavioral scientist, your next step is to pursue a professional license. Submitting your application to the BBS does not automatically qualify you to join other professionals in the industry. This process is more complicated.
The BBS will carry out a background check if you apply for a professional license. The board will conduct a more thorough investigation if you have been convicted of any crime.
Your license application can be rejected under the following circumstances:
- If you fail to give the BBS the correct explanation of the offenses during the application process
- If you fail to provide any information regarding your criminal history in your application for the license
Penal Code 1203.4 allows the erasure of certain criminal records. According to this law, your previous criminal charges can be removed from your record. You are not required to reveal to prospective employers or landlords your convictions. Unfortunately, this does not apply when pursuing professional licenses or careers in public service. You can still request that the board approve your professional license through your attorney if your application is rejected.
The Expectations
A professional license is one of the most precious and protected assets in California. Securing the required education and professional license is a great accomplishment. Sometimes, it can be frustrating when an allegation threatens your license, potentially leading to probation, revocation, or suspension.
There are many reasons why your license application or renewal can be rejected. You must take immediate action, as this could put both your career and livelihood at risk. The law allows you to defend yourself against the allegations by requesting a trial before an administrative law judge in your field. You will be allowed to address the board’s witnesses and your accuser. Additionally, you will be given a chance to contest the board’s decision.
You can do the following with an experienced licensing attorney:
- Secure necessary documents
- Issue subpoenas to compel witness attendance
- Request investigation
You are also allowed to present witnesses who can testify, like character witnesses. Additionally, your license attorney could present evidence to challenge the board during trial. Your attorney can help you appeal the ruling of the board in a superior court if you have been unsuccessful during the trial.
Undisputed allegations against you can have a negative impact on your career. Do not handle this case alone. It is good to consult an experienced attorney because he/she can help you avoid making simple mistakes that can cost you your rights. An attorney will also increase your chances of a successful outcome.
Protecting Your License Against A Possible Accusation
Familiarize yourself with all the rules and standards that the BBS sets to protect your license against possible future allegations. Reach out to your license attorney if you commit an offense that can attract disciplinary actions. Your attorney can help you in the following ways:
- Appeal unfavorable rulings
- Present the most convincing argument in support of your defense
- Ensure proper processes are followed
- Represent you in negotiations with the board
- Attend hearings or settlement negotiations on your behalf
- Guide you on your legal rights and possible courses of action
- Review allegations and investigate the facts of your case
A reasonable license attorney can help you secure a favorable outcome through negotiations and avoid disciplinary actions. Having a skilled attorney can help mitigate the severity of the consequences, even if some form of discipline is imposed.
Find An Aggressive Professional License Attorney Near Me
You must undergo thorough training as a professional behavioral scientist to understand how to guide and help people navigate their life issues. Behavioral scientists play a significant role in society. However, you can face disciplinary actions that can undermine all your determination and hard work in building your profession if you are accused of violations such as fraud and breach of patient confidentiality. You should consult a skilled license attorney if the BBS has informed you of an upcoming investigation or if you have issues regarding a possible disciplinary action because of misconduct.
The San Francisco License Lawyer has a reputable legal team that can mitigate possible repercussions. We will walk with you every step of the way to protect your livelihood and profession. Call us at (415) 496-2811 to schedule a consultation with one of our attorneys.
