The Board of Behavioral Sciences (BBS) is responsible for licensing, administering licensing exams, and enforcing the professional code of conduct for specific mental healthcare professionals throughout California. Also, as a regulatory agency, part of this board’s role is to investigate and respond to complaints filed against license holders and applicants for breaking the laws governing the practice of behavioral medicine in California.
A complaint might lead to an official Accusation being filed, which may eventually result in board disciplinary action. Disciplinary action might include license suspension, probation, or, in the worst-case scenario, license revocation.
Should you learn that the BBS is investigating your license, a skilled healthcare license lawyer can help. At San Luis Obispo License Attorney, we understand all the complexities that come with defending a practice license and a professional’s reputation. Regardless of the violation you face, our skilled lawyers can work with you closely to safeguard your career and livelihood. Please contact us as soon as possible so we can amply prepare a defense strategy that yields the best possible outcome.
Understanding the BBS Role In the Practice of Behavioral Medicine In California
The BBS is among the many licensing boards found within the California DCA (Department of Consumer Affairs). Like any other professional licensing agency, the Board of Behavioral Sciences is responsible for regulating and monitoring the practice of behavioral science in California. Specifically, the board regulates and monitors the practice of counseling, therapy, social work, and educational psychology across California. Professionals who fall under this board include the following:
- LPCC (Licensed Professional Clinical Counselors) and Associates (APCC)
- LCSW (Licensed Clinical Social Worker) and Associates (ASW),
- LEP (Licensed Educational Psychologists)
- LMFT (Licensed Marriage and Family Therapists) and Associates (AMFT)
Besides issuing licenses, the Board of Behavioral Sciences also plays a crucial role in enforcing professional standards. The board’s enforcement unit probes filed complaints about violations of state regulations and laws governing behavioral scientists. If a licensee is found to have violated the law, the board has the mandate to impose disciplinary action.
The board’s mission is to protect consumers and the general public. That means the board is not on the license holders’ side in case of a disciplinary process. If you are accused of wrongdoing, the board will not be looking to protect your license but rather to punish it.
How the BBS Handles Filed Complaints
Almost anyone can make a complaint, including a client, an ex-client, an insurer, a colleague, or a police agency. When the board receives an official complaint of a violation against you, it opens an investigation. Once an investigation begins, an investigator for the BBS may communicate with you to ask that you submit to a board interview, give a statement, or provide specific paperwork. You want to seek a lawyer’s counsel before speaking to or engaging the investigator.
Also, during investigations, the board may issue an interim suspension against your license. This is where your license is temporarily suspended until the investigation is over. An interim suspension is usually issued against a license when the board believes the professional’s continued practice will harm the public. Your lawyer may be able to fight against an interim license suspension. Board investigations can drag on for a long time, meaning you will be unable to practice for all that time. If your lawyer fights the suspension, you can continue to practice until the board determines whether or not you committed a violation.
If the investigations find the complaint to be unsubstantiated, the board may close the file. Alternatively, it might impose lower-level disciplinary action, for example, a fine and citation. If your lawyer can intervene early enough in the investigative process, they might successfully present evidence that disproves the accusations you face, leading to the closure of the investigation.
But if the allegations in the complaint are substantiated, the board might file a formal Accusation against you. An Accusation refers to a written statement of the allegations against the registrant or licensee. The Office of the Attorney General handles Accusations.
Once an Accusation is filed, you will receive formal notice from the board. When you receive this notice, you have fifteen days to file a Notice of Defense in response. This document informs the board that you wish to fight the allegations against you and retain your license. If you do not file it within the stipulated period, the board will automatically revoke your license by default.
If you file a Notice of Defense, the Attorney General’s Office will schedule an administrative hearing. There are various choices you can pursue before the hearing. One of them is negotiating a favorable stipulated agreement. This is where you admit to the allegations against you and agree to serve the disciplinary action imposed in exchange for avoiding more severe sanctions and saving the time and expense of an administrative hearing. You want to let your lawyer handle the negotiations for the stipulated agreement. They know what deal is good for your license, and they will be able to tell you whether or not to accept a particular deal.
If stipulated agreement negotiations fail, you can proceed to an administrative hearing before an ALJ (Administrative Law Judge) at the OAH (Office of Administrative Hearings). At this hearing, both sides will present their cases. You have the right to present your own witnesses and cross-examine those presented by the board. The board also has the right to do the same. When the case ends, the ALJ will have 30 days to issue a written decision suggesting what type of discipline, if any, is warranted.
Board Disciplinary Actions
If the ALJ finds that you perpetrated the supposed violation, the board may subject you to various disciplinary actions based on the circumstances surrounding your case. These actions include the following:
- Fine and citation. If your violation is not severe, and the victim did not suffer harm, the board may cite you and impose an administrative fine. This, however, is not deemed a disciplinary action but rather a warning.
- License probation. If the board imposes probation on your professional license, it will stay the revocation or suspension and allow you to continue practicing. However, your continued practice depends on your continued compliance with imposed probation conditions. Some of the conditions include victim restitution, physical evaluation, and abstinence from substance use.
- Private reprimand. This disciplinary action sanctions you for your wrongdoing without publicly disclosing your name. It serves as a serious warning to rectify your behavior and is usually documented in a personnel file or private record. You will most likely face this disciplinary action if your violation is minor.
- Public reprimand. Unlike a private reprimand, a public reproval or reprimand is a public record. If you face this sanction, the BBS publishes it on its website for potential employers and patients to see. This can impact your capability to secure a job.
- License revocation. Revocation of your license is the severest form of discipline. That is because you will be unable to practice for an unspecified period. It could be several months or even years. If you have a knowledgeable attorney by your side, they can help you reinstate your revoked license within the shortest possible period.
- License suspension. When your license is suspended, you will have to stop practicing your career until the board lifts the suspension. When you cannot avoid a license suspension, your lawyer can help you negotiate a shorter suspension period or one that will be after you meet particular conditions.
By submitting mitigating evidence, you can often face the minimum possible rather than the maximum discipline for your violation. For example, for general professional misconduct, the minimum discipline is a 60-day license suspension and 3 years of probation. The minimum discipline for sexual misconduct is a license suspension of 4 months and probation for 7 years. The board will need you to pass licensure exams before your license can be reinstated. The maximum disciplinary action for many violations is the revocation of the practice license.
When faced with issues of chemical dependency, you might have to undergo rehabilitation and join a recovery and support group. The board may also require you to undergo random drug testing. If the board determines you have a mental illness, it may require you to take random psychological assessments to continue to practice.
If the board imposes a stay of suspension and probation, you will need to adhere to certain probationary terms, including avoiding criminal prosecution during probation, appearing for routine board interviews, filing quarterly reports, notifying employers and clients of your probation sentence, and reimbursing the BBS probation monitoring costs. However, your lawyer can negotiate conditions such as drug testing, supervised practice, psychological exams, monitoring of the billing system, and taking a law and ethics course.
While you can represent yourself once an Accusation is filed, during a board investigation, and before the ALJ, a skilled lawyer can help you navigate the steps in the best way possible. Investigations can trigger an official Accusation and the possibility of losing your practice license. If a lawyer is advocating for you, they can help defend your interests.
Prevalent Disciplinary Issues Against Behavioral Scientists
The California Business & Professions Code (BPC) sets out the general grounds for disciplinary actions against licensed behavioral scientists across California. A social worker, educational psychologist, counselor, or therapist may be subject to discipline for various violations. These include the following:
- Impaired capability because of chemical dependency or illness
- Having a sexual relationship with an ex or current client
- Recklessly or causing emotional or physical harm to a client
- Sexual misconduct
- Chemical dependency
- Unprofessional conduct
- Incompetence, negligence, or gross negligence
- Failure to maintain confidentiality
- Improper supervision
- Conviction of an offense related to licensee practice, such as DUI
- Failure to keep records and patient charts
- Referral fees
- Fraud
- Boundary violations
- Non-therapeutic prescribing
One specific area of concern for behavioral scientists is dual relationships. A dual relationship is when a licensee treats an individual while simultaneously being involved in a distinct and separate relationship. Even though some dual relationships are unavoidable, you want to be careful and avoid situations that might result in exploitation or compromise professional judgment. Examples of actions that may be deemed unethical in dual relationships are the following:
- Asking a patient to borrow you money,
- Treating multiple related patients,
- Engaging in business ventures with patients,
- Hiring a patient, or
- Engaging in double roles for one patient
Similarly, having sexual contact or a relationship with an ex or current patient, or your patient’s family member or partner, may be deemed an unethical dual relationship. Additionally, having sexual contact with an ex or current patient may be a basis for discipline by the BBS, as mentioned above. In some cases, having sexual relationships with a patient might result in criminal prosecution.
Issues related to confidentiality can often land behavioral scientists in serious trouble, as well. Under California statutes, confidential exchanges between a patient and a counselor, social worker, therapist, or educational psychologist are considered privileged. This privilege is even more extensive compared to that between patients and other healthcare providers (for example, doctors). With a few exceptions, for example, situations that involve child neglect or abuse, these professionals, being mandated reporters, may be obligated under the law to report; confidentiality violations may result in disciplinary action by the board.
Regardless of the type of allegations you face, you want to consult a skilled healthcare defense lawyer. Your defense counsel can help minimize the likely negative effect of charges of professional misconduct or any other violation that has to do with your license.
Contact a Knowledgeable Healthcare License Lawyer Near Me
A complaint against your license as an educational psychologist, therapist, social worker, or counselor can devastatingly affect your career. That is why you need to waste no time and consult an experienced healthcare defense attorney as soon as you learn someone has complained about you to the BBS. An experienced lawyer can guide you from the beginning to the end of the disciplinary proceedings, explaining your options and rights while developing the strongest defense against the allegations you face.
At San Luis Obispo, we represent professionals in practice license matters. We work closely with clients and help them obtain favorable outcomes. We begin by assessing the facts of the case, then create a detailed defense that may include conducting an investigation, hiring experts, and gathering rehab documents. For more information about the help we can provide you with, or to request a consultation, call us at (805) 764-9771 .
