Becoming a behavioral scientist, such as a social worker, counselor, or psychologist, requires time, dedication, and financial resources. In California, the Board of Behavioral Sciences licenses and regulates behavioral scientists. If you are a family therapist, counselor, or social worker, you must obtain your license from the BBS to practice in the state.

Your efforts and dedication to obtaining and keeping your license can be wasted if the board suspends or revokes it. The board can impose these disciplinary measures for violating standards and ethical practices.

Fortunately, you can fight the allegations against you and protect your license. By responding to the notice of investigation and attending the administrative hearing, you can convince the board to let you keep the license. If you face an investigation by the BBS, you could benefit from our expert legal guidance at San Diego License Attorney.

The Board of Behavioral Sciences (BBS)

The BBS oversees the licensure and regulation of behavioral health professionals. It ensures that individuals in mental health professions meet the necessary qualifications and sets ethical standards to provide quality care to the public. The BBS's primary goal is to protect consumers from malpractice and misconduct by mental health professionals.

The key professionals regulated by the BBS include:

  • Licensed Marriage and Family Therapists (LMFTs)

LMFTs specialize in diagnosing and treating emotional and psychological issues in family settings. They help individuals, couples, and families improve communication and resolve conflicts.

  • Licensed Clinical Social Workers (LCSWs)

LCSWs provide mental health services and counseling to individuals, families, and the community.

  • Licensed Clinical Counselors(LCCs)

LCCs provide therapy and counseling services to individuals, couples, and families. They assess and diagnose emotional, mental, and behavioral disorders and offer treatment through therapeutic techniques. LCCs help clients manage stress, anxiety, and other psychological issues.

  • Licensed Educational Psychologists

LEPs assess and support students' learning and emotional needs. They conduct psychological evaluations to identify learning disabilities and behavioral challenges.

The Board's responsibilities include:

  • Licensing and examination. The BBS offers practice licenses to professionals who meet the qualifications. Before issuing a license, the board confirms that you have completed your training and passed the licensing exam.
  • Continuing education. The board ensures that licensed professionals meet continuing education requirements, keeping them current with behavioral science advancements.
  • Setting practice standards. The BBS sets practice and ethical standards that each licensed professional must follow.
  • Investigating complaints. The BBS receives complaints about misconduct and negligence by licensed professionals. After receiving the complaint, the board investigates it and imposes appropriate disciplinary action.

Typical Violations Addressed by the Board of Behavioral Scientists

As a behavioral scientist in California, you are held to high ethical and professional standards. Violating the standards the Board of Behavioral Sciences sets can devastate the people you serve and your career. Common violations investigated by the board include:

Breach of Confidentiality

As a behavioral scientist, you deal with clients at some of their lowest moments. Therefore, the client can disclose their personal information to you. Confidentiality is a fundamental principle of the behavioral and mental health professions. California BPC 2290 and 2292 outline the requirement to maintain confidentiality in your practice. A breach of client confidentiality undermines their trust in you and your services. Disclosure of private client information without consent can result in severe disciplinary action.

Unlicensed Practice

All behavioral sciences professionals must have a valid practice license. A professional license is obtained after completing the necessary training and passing the licensing exam. If your license expires, you must renew it. If the board suspends your license, you must petition for reinstatement. Practicing without a license can result in severe disciplinary action.

Incompetence

Incompetence is a person's inability to perform their professional duties efficiently. Common reasons for incompetence include a lack of appropriate knowledge or skill in the field. The Board of Behavioral Sciences has set standards that licensed professionals must meet. Performance below these standards could jeopardize your license and career.

Substance Abuse

Substance abuse and addiction are significant issues for professionals in behavioral science fields. Most people believe that your activities outside of work do not impact your career. Unfortunately, substance abuse can impair judgment, decision-making, and overall performance.

Your inability to offer safe services could pose a risk to clients. The BBS has strict regulations that require you to maintain sobriety. You could face an investigation and potential discipline when you are cited for drug abuse. The impact on your license is more severe if you practice or go to work while intoxicated. A conviction for substance-related offenses may also lead to disciplinary action.

Misrepresentation and Fraud

Fraudulent or deceptive conduct is another serious ground for disciplinary action in California. As a licensed professional, misrepresenting their qualifications or services can attract severe consequences. Forms of misrepresentation and fraud include:

  • Falsifying documents
  • Providing misleading information about your professional experience
  • Falsifying a license or permit
  • False advertisement on your services

Failure to Report Child Abuse

Children are a vulnerable group in society. Therefore, many individuals who interact with them are mandated to report suspected incidents of abuse. As a behavioral scientist, you could interact with troubled children. If you notice signs of child abuse and fail to report it to relevant authorities, you risk losing your professional license.

Criminal Convictions

Your criminal conviction could do more harm than sending you to jail when you are a licensed behavioral scientist. When the BBS learns of your arrest and conviction, they launch an investigation against you. If your conviction affects your ability to practice, you could face severe discipline. Typical offenses that could put your license at risk include:

  • Sexual battery (California Penal Code 243.4)
  • Child abuse (California PC 273d)
  • Drug trafficking (California HSC 11352)
  • Domestic violence (California PC 273.5d)

Disciplinary Process by the Board of Behavioral Sciences

The Board of Behavioral Sciences ensures that licensed marriage and family therapists, social workers, and clinical counselors adhere to professional standards and ethics. If you commit a violation, you could undergo the following disciplinary process:

Complaint Filing

The process begins when someone files a complaint against you. Complaints can come from clients, other professionals, or organizations. A person can submit a complaint against you online through the BBS website or by mail.

Complaints to the BBS must show conduct that violates the law or professional ethics. Examples include fraud, substance abuse, unethical behavior, and failure to maintain confidentiality.

Initial Review

After receiving a complaint, the BBS reviews it to determine whether it falls within its jurisdiction and ensures that there is enough evidence for an investigation. If the complaint does not involve a violation or if there is insufficient evidence, the board dismisses it. Complaints not under the BBS's jurisdiction are transferred to the relevant departments.

Investigation

If the board accepts a complaint, an investigator from the BBS is assigned to the case. The investigator reviews the evidence, interviews witnesses, and gathers additional information. You have the right to know that you are under investigation. Therefore, the board will send you a notice of the pending investigation.

After receiving the notice, you have up to 15 days to respond. You can inform the board of your intention to fight the allegations. Additionally, you could provide documentation and evidence to support their defense.

Stipulated Agreement

The board can propose the stipulated agreement when it has sufficient evidence for your case. The agreement requires a professional to accept liability for a violation. In exchange, the professional skips the hearing and receives appropriate disciplinary action.

A common downside of entering this agreement is that you will lose your right to present a defense and fight for your license. However, you can use the opportunity to negotiate for a favorable disciplinary action.

Administrative Hearing

The board schedules an administrative hearing if a professional declines the stipulated agreement. An administrative law judge oversees the hearing and assesses your evidence and the one presented by the board.

Before you go to the hearing, the board can allow you a discovery phase. Your discovery phase will last up to fifteen days. During this time, you can review the evidence the board wishes to present in your case. After reviewing your case, the ALJ has up to thirty days to issue a decision.

Final Decision

The board will review the action recommended by the ALJ and change, reject, or accept it. If the board agrees with the decision, it will impose disciplinary action on your license.

Appeal

The ALJ's or board's decision does not always favor you. You can appeal the decision within 60 days of receiving it. In your appeal, you will seek a reconsideration. The board holds a meeting where the members vote to determine if you deserve the reconsideration.

Disciplinary Action Against Your Behavioral Science License

The BBS protects the public by ensuring licensed professionals provide ethical services. If the board determines that you committed the violation, you could face these disciplinary actions:

Reprimand

The BBS can issue a public reprimand if you are found liable for a minor violation. The reprimand serves as a warning against similar behavior in the future. A reprimand cannot affect your practice. However, the board can use it as a reference in case of future disciplinary proceedings.

Professional Probation

Sometimes, the board can place you on professional probation. While serving probation, you could still practice as a psychologist or counselor. However, the board will track you and can restrict your activities. When imposing professional probation, the board lists conditions that you must follow.

Common conditions of professional probation could include:

  • Avoid working with a particular group of individuals.
  • Report your progress to the board regularly.
  • Enroll in additional courses.
  • Undergo a drug treatment program.

The board can impose more serious disciplinary action if you violate your probation.

License Suspension

If you commit a severe violation, the board can suspend your license. A license suspension is an adverse disciplinary action. It strips you of your right to practice as a behavioral scientist in California. License suspension can last between 1 to 5 years depending on the following factors:

  • The severity of your violation
  • History of past violations
  • Whether or not you caused harm to another person
  • Your criminal history
  • Steps you have taken towards rehabilitation

A license suspension is a temporary action. Therefore, you can petition the board for reinstatement when you complete the suspension term. In your petition, you must prove that you have taken the proper steps to recover from the conduct that prompted the suspension.

Administrative Fines

The BBS can impose an administrative fine for violations involving financial losses. The fine can vary depending on the severity of the breach, ranging from hundreds to thousands of dollars. If you are dissatisfied with the fine imposed, you can appeal the decision in the appellate court.

License Revocation

The BBS can revoke your license if you commit a severe violation that causes harm to a patient. Unlike a suspension, license revocation is a permanent action. If you face this disciplinary action, you can no longer practice as a behavioral scientist in California.

Additionally, you face deregistration from the board. The process of reinstating a revoked professional license is lengthy and complicated. Losing your professional license can signify an end to your career, which causes significant financial distress.

If you face an investigation by the board, you will need a reliable attorney to help you avoid this adverse action.

Find Expert Legal Insight Near Me

The Board of Behavioral Sciences sets ethical and practice standards for licensed professionals. These standards aim to ensure quality services and consumer safety. Violations committed by behavioral scientists include incompetence, negligence, unlicensed practice, and criminal convictions.

You can face an investigation and potential disciplinary action if the board receives notice of your violations. The board's disciplinary action can range from formal warnings to revocation of your license. Before imposing license discipline, the board will investigate the allegations against you and hold a hearing.

During the hearing, you can defend yourself to avoid an adverse action on your license. If you face an investigation by the Board of Behavioral Sciences, you will benefit from our expert legal guidance at San Diego License Attorney. Contact us today at 858-665-2455 from San Diego, CA, and let us guide you through your case.