The California Board of Behavioral Sciences (BBS) oversees licensed mental health practitioners in California, such as family and marriage therapists, clinical social workers, and professional clinical counselors. The board is responsible for examinations, licensing, enforcing professional guidelines, and imposing discipline for infringements of ethical codes or the law.
One of the most important things you can do as a licensee to secure your livelihood is to keep your license in good standing. Suppose an accusation is filed against you, or you are being investigated for a supposed violation. Our qualified California BBS defense attorneys can help reduce fines or avoid professional license suspensions or revocations. Contact our law firm today to set up a consultation.
An Overview of the Board of Behavioral Sciences
In California, the Board of Behavioral Sciences (BBS) oversees the examination, enforcement, and licensing of professional standards for certain mental health practitioners. As a state regulatory organization, the BBS investigates and responds to complaints against licensees and registrants for law violations related to social work, therapy, educational psychology, and counseling.
A formal accusation may result from a complaint, potentially leading to disciplinary action by the BBS. Disciplinary measures include probation, suspension, or revocation of the license.
If you become the subject of a Board of Behavioral Science investigation, a California-licensed defense attorney can help you. Experienced California attorneys specializing in professional defense understand the complexities of protecting a professional's license and reputation. Whether your licensing issue stems from drug dependence, criminal concerns, or professional malpractice accusations, they can work with you to safeguard both your license and livelihood.
Examples of Professional Licenses That are Part of The Board of Behavioral Sciences
The Board of Behavioral Sciences of California oversees all licenses and regulations for behavioral sciences careers, encompassing various professions. The board is responsible for issuing and regulating the following professional licenses, among others:
Marriage and Family Therapists Licenses
Marriages and families often face various challenges. In the past, most couples and families dealt with these issues privately. Today, more people seek help from professionals outside their immediate social circle when confronting problems like:
- Substance abuse
- Depression
- Children's behavioral issues
- Marital difficulties
- Domestic violence
When a couple or family seeks the assistance of a certified therapist for counseling and support, they seek professional guidance to find solutions applicable to their situation. A competent marriage and family therapist will guide their clients and help the couple find solutions to their current issues.
However, a family member, spouse, or all of them may have problems with the therapist. If they feel dissatisfied, they can file a complaint with the behavioral board. The board has a major responsibility to protect the public from potential violations by trusted experts. They may conduct an inquiry and subsequently send you a letter warning of possible license suspension or revocation.
Licensed Clinical Social Workers
A licensed professional in this field addresses a wide range of societal issues, including domestic violence, poverty, mistreatment of children or the elderly, addictions, and mental illnesses. Your responsibilities as a professional include providing clients with counseling and directing them to appropriate information and services. Additionally, you will help these individuals address problems that significantly impact their daily lives.
Your job can call for travel to various locations, including offices, homes, and hospitals. Some clients could be dissatisfied with your problem-solving methods and report you to the Board. Also, you could face accusations of ethical violations, leading to disciplinary action. In such cases, you will need a lawyer's help to defend yourself against these claims.
Educational Psychologists Licenses
Another license issued by the Board of Behavioral Sciences is for Educational Psychologists. Specialists in this field work with students, parents, and teachers to promote students’ academic, emotional, and behavioral success.
Given your expertise, you can provide students with comprehensive psychological evaluations and offer guidance, particularly when a student struggles with a traumatic event or personal issues. As with other professions in the behavioral science field, you may face disciplinary proceedings if students, teachers, or parents file complaints against you.
Clinical Counselors Licenses
The California Board of Behavioral Sciences also issues professional licenses for Clinical Counselors. There is a growing demand for specialists who handle behavioral, emotional, or mental problems and illnesses in individuals, families, or groups. One must obtain a professional license from the regulatory body to work in this field. Your job may also require visiting clients in hospitals, residences, or workplaces.
When carrying out your obligations, you risk being accused of ethical code violations or legal infractions that might lead to a conviction. If found guilty, the board may take disciplinary action against you. Their decision, in any form, could impact your life or career. Therefore, you must contest any disciplinary action against you to prevent adverse consequences.
The Most Common Reasons for Taking Disciplinary Measures
The Board of Behavioral Sciences may initiate disciplinary actions against a certified mental health practitioner for various reasons. These are some of the more common allegations:
- Substance abuse
- Negligence, incompetence, or malpractice
- Inappropriate relations with clients
- Fraud, forgery, or deceit
- Criminal convictions for crimes such as drunken driving or petty theft
- Practicing outside the range of their license
- Failure to adhere to the reporting laws on minors
- Breaching patient confidentiality
- Allowing unauthorized practice
- False or deceptive advertising
- Anger management problems
- Conflict of interest
Although the claims may seem unsubstantiated or trivial, it is crucial to take them seriously and consult a seasoned license defense attorney. If you commit an ethical violation or receive a complaint about subpar care, your career and professional license could be in jeopardy.
Disciplinary Actions Taken by the California Board of Behavioral Sciences
The Board of Behavioral Sciences, along with other professional licensing authorities, oversees and regulates the practice of social work, educational psychology, counseling, and therapy in California. The BBS issues licenses and checks professional standards, one of its most crucial duties. In behavioral health, the BBS enforcement division investigates reported infractions of California legislation and regulations.
Anyone can lodge a complaint, including customers, former customers, coworkers, insurance companies, and law enforcement agencies. After receiving a complaint, the BBS will initiate an investigation.
A BBS investigator may contact you to request specific documents, a statement, or an interview. Before interacting or meeting with a Board investigator, it is crucial to consult a lawyer who specializes in protecting mental health licenses.
If the complaint lacks supporting evidence, the case may be closed. Alternatively, it could result in a lesser disciplinary action, such as a citation and fine. Your attorney might present information that disproves or mitigates the charges against you if they intervene early in the process.
If the complaint is true, the BBS may submit an accusation or a written statement of allegations against the licensee or registrant responsible for the offense. The Attorney General's Office handles formal accusations to ensure justice.
Although receiving a formal accusation can be stressful, several options are available. These include negotiating a settlement or attending a hearing before the Administrative Law Judge with the Office of Administrative Hearings. If you have been found guilty of committing the purported violations, you could face disciplinary measures, which may include the following:
- A public reprimand
- Suspension of licenses
- The revocation of your license
- Probation
Although you can represent yourself at a BBS investigation and before the OAH after a claim has been submitted, it is highly recommended that you seek the assistance of an experienced attorney to navigate the process effectively.
Investigations can result in formal accusations, potentially leading to the loss of your license. Depending on the circumstances, they may even lead to criminal prosecution. To safeguard your interests, having a lawyer advocate on your behalf could be beneficial.
Denial of Your Professional License By the Board of Behavioral Sciences
After devoting time and resources to obtaining the necessary education for your desired profession, your next step to work in California is to obtain a professional license. You might think that submitting your application to the Board of Behavioral Sciences will instantly qualify you to join other professionals in your field. However, the process is more complex than that.
The Board of Behavioral Sciences will investigate your past if you apply for a professional license. If you were convicted of any offense or charged with any crime, the board will conduct a thorough investigation. Additionally, you could face an automatic rejection under the following circumstances:
- You failed to provide any information about your criminal history in your application for the license
- You did not offer the board an appropriate explanation of the offenses during the application process
Under Penal Code 1203.4, the legislation permits the erasure of certain criminal records. This means that your criminal history will be removed from your record. You will also not have to disclose it to prospective employers or landlords. However, this does not apply when seeking professional licenses or careers in public service.
If the application is rejected, you could still request the BBS through your attorney to obtain your professional license.
What You Can Expect
The professional license is one of the most safeguarded and precious assets. Obtaining the necessary education and professional license is a significant accomplishment. However, it can be extremely frustrating when an accusation threatens your license with potential suspension, revocation, or probation.
Your application for a professional license or renewal may occasionally be rejected for various reasons. This puts both your livelihood and career at risk. Therefore, you must take action immediately.
You have the legal right to defend yourself against the claims by requesting a trial before an administrative law judge in your professional field. This step allows you to address your accusers and the board's witnesses. Additionally, you will have the opportunity to challenge the board's decisions.
With an experienced licensing attorney present, you can:
- Request investigation.
- Issue subpoenas to compel witness attendance.
- Obtain necessary documents.
You will also have the option to secure witnesses who will testify on your behalf, including character witnesses. Additionally, you can present evidence that contradicts the board's evidence during the trial. Furthermore, the law allows you to appeal the board's decision in a superior court if you have been unsuccessful during the trial.
Undisputed claims against you might significantly impact the rest of your professional life. Take them seriously, and do not handle them alone. Without an experienced attorney's help, you risk making simple errors and losing your rights. To increase your chances of a successful outcome, retain the services of an expert licensing attorney.
How Can I Protect My License Against A Possible Accusation?
To safeguard your license against potential future allegations, familiarize yourself with all guidelines and standards that the Board of Behavioral Sciences defines as inappropriate behavior. If you commit a criminal act that could trigger disciplinary measures from the board, contact a license defense attorney immediately to improve your chances of a favorable outcome.
How a License Defense Lawyer Can Help You
An experienced BBS defense attorney can provide valuable assistance by helping you:
- Review complaints and investigate the facts of your case
- Offer guidance on your legal rights and potential courses of action
- Attend settlement negotiations or hearings on your behalf
- Represent you in negotiations with the BBS
- Ensure proper processes are followed
- Present the most compelling argument in support of your defense
- Appeal unfavorable rulings
A qualified attorney can often resolve the case through negotiations and avoid disciplinary actions. Even if some form of discipline is ordered, having competent representation frequently reduces the severity of the consequences.
Find a BBS License Defense Attorney Near Me
A license complaint can severely impact your career as a social worker, counselor, educational psychologist, or therapist. An experienced attorney specializing in behavioral sciences license defense can guide you through the process. They will explain your rights and options while mounting the strongest possible defense against the claims made against you.
At Riverside License Attorney, we serve professionals throughout California who are dealing with licensing problems. We collaborate with our legal clients to help them receive favorable results from their cases. Call us at 951-404-0569 for more information or to schedule a consultation with one of our attorneys.
