If you are a therapist, counselor, educational psychologist, or social worker in California, or are aspiring to be one, you must be licensed by the California Board of Behavioral Science (BBS) to be able to practice. Obtaining this license is no walk in the park.
It takes several hours of hard work, patience, and commitment. Unfortunately, despite the effort you put into securing your license, a single mistake, no matter how minor, can result in the BBS taking it away instantly or denying you one if you are an applicant.
If you learn that you are at risk of losing your license or being denied one, you want to act swiftly and contact experienced professional license counsel. Time is of the essence. The earlier you consult a lawyer, the higher the chance you have to keep your license, career, and source of livelihood. At Santa Cruz License Attorney, we understand the complexities of professional license defense and have in-depth experience dealing with California licensing bodies, including the BBS. Call us, and we will work to ensure you obtain the best possible outcome for your case.
The BBS Overview
The California BBS is among the boards within the Department of Consumer Affairs. It is responsible for regulating the mental health profession across California, together with the California Board of Psychology and the Medical Board. Its mission is to safeguard and serve the public by setting, enforcing, and communicating standards for competent and safe mental health practice. The primary roles of the board include the following:
- Issuing licenses to certain qualified mental health professionals and denying those who do not qualify
- Administering licensing examinations to professionals
- Enforcing professional standards
- Issuing ethical guidelines that license holders must comply with
- Developing rules and regulations to ensure the competency of professionals and safeguard consumers.
This board oversees the licenses of a wide range of mental health professionals, including:
- Licensed Educational Psychologists (LEP)
- Licensed Professional Clinical Counselors (LPCC)
- Associate Professional Clinical Counselors (APCC)
- Licensed Clinical Social Workers (LCSW)
- Associate Clinical Social Workers (ACSW)
- Continuing Education Providers (PCE)
- Licensed Marriage and Family Therapists (LMFT)
- Associate Marriage and Family Therapists (AMFT)
- MFT Referral Services (MRF)
As part of its regulatory function, the BBS is responsible for probing and resolving complaints filed against license holders and applicants for law violations associated with the practices of counseling, therapy, social work, and educational psychology. It imposes discipline on professionals and applicants found to have violated the law.
The Distinguished Jobs of Behavioral Scientists
Behavioral science refers to an interdisciplinary field that involves the study of human behavior, utilizing experimental techniques from sociology, economics, psychology, anthropology, and neuroscience. The BBS regulates a wide array of professionals within the behavioral science field, as mentioned before. These professionals have critical roles within society.
Marriage and family therapists are among the behavioral scientists regulated by the BBS. For many people, their homes are a safe place where they retreat after dealing with the chaos outside. However, homes sometimes become places of conflict. Depression due to the death of a family member, child discipline issues, marital conflict, domestic violence, divorce, or alcohol or drug addiction, among other issues, are all too prevalent.
Marriage and family therapists are relationship counselors. They strive to provide their clients with a new perspective, assist them in implementing positive behavioral change, and identify the primary causes of their issues. However, as a marriage and family therapist, it is challenging to control your clients’ actions and attitudes.
Clinical social workers are another category of professionals regulated under the BBS. These professionals address the adverse effects of abuse, addiction, and poverty. They handle some of the most pressing problems in society, identifying genuine issues and helping patients access the necessary resources to overcome them. A clinical social worker will closely cooperate with government, healthcare, nonprofit, and business organizations, providing counseling where it is required most.
Educational psychologists are also behavioral scientists. They specialize in children’s matters, particularly anything that impacts their capability to do well in school, be it emotionally, socially, or academically. Their expertise lies in monitoring children’s progress, and the detailed psychological assessments they do are the foundation of strategies and therapies adopted for struggling children.
Also, when traumatic incidents occur, such as a student’s death or a shooting at a school, their counseling skills become necessary. However, regularly, educational psychologists usually concentrate on identifying students’ weaknesses and strengths to assist them in growing and achieving their goals.
Another profession in the behavioral science field is clinical counselors. With a significant number of adults in California suffering from mental health issues of some kind or substance addiction, clinical counselors come in handy. These professionals provide individuals and families with valuable services and counsel.
Common Complaints the BBS Reviews
The most prevalent complaints filed against behavioral scientists include, without limitation:
- Failure to provide clients with the Sexual Misconduct Brochure
- Professional misconduct
- Any kind of fraud, for example, misrepresentation or insurance
- False advertising
- Employing unlicensed assistants or failing to supervise assistants appropriately
- Failure to keep honest and appropriate records
- Receiving or giving kickbacks for referring a patient
- Intentionally or recklessly inflicting emotional or physical injury to a patient
- Failure to maintain requisite confidentiality
- Failure to disclose fees before providing a service
- Failure to adhere to telehealth regulations
- Professional incompetence or gross negligence
- Sexual misconduct that involves a patient or ex-client
- Alcohol or drug abuse, especially when it happens while on duty or involves illegal narcotics.
- Conflict of interest
- Transference issues
- Supposed physical illness, chemical dependency, or mental illness compromising the capability to perform duties safely.
- Denying patients proper access to their mental health records
Additionally, complaints might result from criminal convictions that are significantly connected to the duties, qualifications, and functions of a behavioral scientist. These crimes include petty theft, assault, and domestic abuse. They can also arise when a license holder is already facing discipline by a federal body or another state board.
Whereas this complaint list is not exhaustive, the BBS treats every accusation seriously and may effectively revoke or suspend your professional license during investigation. A lawyer can assist in ensuring the board-specific processes and unique rules of evidence are followed before the BBS can impose any discipline.
BBS Disciplinary Proceedings Overview
The BBS requires written exams for all of its licensees, which ensures that any license holder is competent enough to practice their profession. The board might seek to impose disciplinary action against an applicant or licensee found guilty of an offense or accused of dishonesty or unprofessional conduct.
The board’s disciplinary process usually begins when a party files a complaint against the licensee or applicant. Anyone can file a complaint against you to the board, including a client, an ex-client, an insurance provider, a colleague, a police agency, or a public entity.
Once the board receives a formal complaint against you, it will review it to determine whether it has jurisdiction over it. If it does, it will initiate an investigation. At this point, a board investigator may contact you to record a statement, provide some paperwork, or take an interview. It is essential to consult an experienced lawyer before speaking to or engaging the investigator.
Sometimes, the board can issue an interim suspension order (ISO) while an investigation is ongoing to prevent you from practicing until the investigation is over. Since investigations can last months or even years, your lawyer can assist you in reversing the ISO, allowing you to continue working.
If, in the end, the investigations find that the issues raised in the complaint are unsubstantiated, the board may close the file. Alternatively, it may impose a lower-level disciplinary action, including a fine or citation. If your lawyer intervenes early in the disciplinary process, they can successfully present evidence that disproves or lessens the accusations you face.
However, if the investigation reveals that the complaint has merit, the board may refer it to the Office of the Attorney General, and the Deputy Attorney General may file a Statement of Issues (if you are applying for a license) or an Accusation (if you are a licensee). Either of these documents refers to a written statement of charges against a registrant or licensee. The Attorney General’s Office will then send you a notice of Accusation or Statement of Issues.
You must then respond to the notice by filing a Notice of Defense and Request for Discovery if you plan to defend your license. You have limited time to file your response (15 days from when the board mailed the notice). If you do not file, the board can presume that what is alleged in the Accusation or Statement of Issues is true, and it will issue a default order against your license, leading to suspension or revocation. However, if you file your Notice of Defense, the Attorney General’s Office will schedule an administrative proceeding.
Although receiving notice for an Accusation or Statement of Issues can be overwhelming, there are still options you could pursue. One of them includes negotiating a stipulated agreement with the board. This is where you acknowledge that you have committed a violation and agree to specific, predetermined disciplinary action to resolve the issue and avoid a hearing.
If the board declines a stipulated agreement, your case will proceed to an administrative proceeding at the Office of Administrative Hearings (OAH) and before an Administrative Law Judge (ALJ). During this hearing, a Deputy Attorney General typically represents the BBS. The Deputy Attorney General will submit evidence and present witnesses to testify before the ALJ in support of the board’s case.
Based on the case facts, the judge may resolve the case before the hearing during a prehearing settlement conference. If not, the hearing will continue as planned.
If, after the hearing, the judge finds that you committed a violation, they will issue a written proposed decision suggesting what disciplinary action, if any, the board should impose. The board may choose to adopt the ALJ’s proposed decision, modify it, or reject it.
Some disciplinary actions you may face include
- A fine and citation. Citations and fines are administrative actions used for minor violations that do not warrant formal license probation or revocation. The board would impose this action if your offense is minor and did not result in injury to the public or a patient.
- Public reprimand. This is an official disciplinary action in which the BBS censures you for your violation, expressing disapproval and warning against future wrongdoings. This disciplinary action becomes a public record accessible at the BBS website. Even though it will not prevent you from practicing, it can impact your capability to land future employment positions or clients.
- License suspension. With a suspended license, you will be unable to practice for a specified period. If you cannot avoid a suspension, your lawyer can successfully negotiate for early termination of the suspension after you meet particular conditions.
- Probation. Should the board grant you probation, it will stay the revocation or suspension of your license. You can then continue practicing, but only if you adhere to specific probationary terms the board imposes.
- License revocation. Revocation is the most serious form of disciplinary action you can face. A license revocation means you will not be able to practice indefinitely. However, in some cases, you can reinstate your revoked license by applying for one all over again. Your lawyer can help you with the reinstatement process.
While you can represent yourself during board investigations, after the Attorney General’s Office has filed an Accusation against you, and before the administrative hearing, a skilled lawyer can assist you in best navigating the process. An investigation can result in an official Accusation, accompanied by the likelihood of losing your license. Sometimes, it may even result in criminal charges. Hiring an attorney to advocate for you can help you protect your interests.
Find a Skilled Professional License Defense Attorney Near Me
A disciplinary process against your license can devastatingly affect your career as a social worker, educational psychologist, counselor, or therapist. An experienced behavioral science license defense lawyer can help you navigate the process, explaining your legal options and rights while developing the most solid possible defense strategy to the accusations against you.
At Santa Cruz License Attorney, we represent professionals facing license issues, including behavioral scientists. We work closely with all our clients to help them achieve the best possible outcomes for their cases. For more information on how we can assist you or to arrange a free consultation, contact us at 831-770-6474.
