If you are a behavioral sciences licensee, you play a crucial role in society, helping people struggling with mental issues. Unfortunately, an aggrieved party can still file a complaint against you, which may result in a license suspension or revocation. At Kern County License Attorney, we understand that not all accusations that threaten your license are true and accurate. Our attorneys have experience defending professionals in your field against various accusations and will help you secure a reduction in fines or prevent license revocation.
A Quick Glance at the Board of Behavioral Sciences (BBS)
California BBS issues licenses to:
- Clinical Social Workers (CSW)
- Marriage and Family Therapists (MFT)
- Educational Psychologists (EP)
- Professional Clinical Counselor (PCC)
The BBS’s mission is to protect consumers of behavioral science services by ensuring that licensees adhere to the code of ethics and provide high-quality, safe mental health services. So, the key responsibilities of the regulatory agency include:
- Setting standards for mental health professionals
- Offering written examinations for every group of mental health professionals
- Planning and informing mental health professionals of the industry standards to observe
- Enforcing rules by initiating disciplinary processes for therapists accused of violations
Common Complaints Filed Against Behavioral Science License Holders
The common reasons the board can initiate an investigation against you, a therapist, include:
- Substance or alcohol abuse on the job
- Breaching patient boundaries by acts such as sexual misconduct with your patients
- Violating patient confidentiality
- False advertising
- Professional incompetence
- Gross negligence
- Maintain poor or inaccurate patient records
- Giving or receiving money for referrals
- Engaging in fraud, such as insurance fraud
- Facing a charge or conviction for anger management issues
- Facing a charge or conviction for offenses with a substantial relationship to your profession, such as domestic violence or petty theft.
- Employing unlicensed assistants
- Accusations of conflict of interest
- Practicing while under disciplinary action from a regulatory agency in another state or federal authority.
- Practicing without a behavioral sciences license
Handling Misconduct Violations
BBS receives complaints from various sources. If the complaints are corroborated by an investigation or administrative hearing, a licensee risks disciplinary action, which varies depending on the severity of the breach. The regulatory agency’s enforcement unit evaluates claims received and pursues only those that are authentic or credible. If the board decides to investigate your claim, they will send you an investigation notice. It is advisable to consult with an experienced license defense attorney immediately you receive a notice for legal guidance and to help you prepare for the interview with the board.
- Minor Violations
If there is insufficient evidence of a violation after investigations, the BBS can close your file or impose lenient disciplinary measures, such as citations or a reprimand letter. Also, lenient punishment is imposed for minor misconduct. If your allegation is a minor misconduct, the BBS can:
- Mediate a favorable settlement with your attorney
- Issue a reprimand letter
- Arrange an educational meeting with a regulatory authority investigator or expert case reviewer.
Partnering with a license defense attorney from the beginning can improve your chances of a fair verdict, as they can challenge the allegations or submit mitigating facts during settlement negotiations.
- Severe Violation
When you are accused of a severe breach, such as professional incompetence, gross negligence, or sexual misconduct, the BBS will assign your case to a peace officer for further investigation.
Later, a BBS investigator will notify you of the progress in the investigations and schedule an interview. Consult with your attorney before attending this interview to avoid giving out incriminating information. In the inquiry, you should ask about the allegations and what to expect during the disciplinary process. You may not get all the details of the case, as the investigation information remains confidential until the administrative proceeding.
- Referral of Your Case to the Attorney General
If investigations establish that you engaged in illegal practices, the BBS will refer the case to the office of the Attorney General (AG) for penalty assessment and to enable the administrative proceeding. Your regulatory agency must notify you that they have referred the case to the AG. If the AG takes up the matter, the deputy AG will draw up a formal accusation and send you a statement of issues, informing you of the petition lodged against you, your BBS record, and the right to defend yourself in an administrative hearing. If you receive the notice, inform your attorney to start gathering evidence and formulating defense strategies to defeat the accusations. Additionally, you can request a hearing to contest the allegations.
- Stipulated Settlement
The deputy AG and your license defense attorney might want to negotiate a stipulated settlement rather than resolve the matter through an administrative proceeding. In negotiations, you will admit guilt to the violation in exchange for a stipulated disciplinary action or a settlement. The board encourages stipulated settlements because they allow for a quick disciplinary process and save money by avoiding costly administrative hearings.
Although the BBS encourages settlements, you should not agree to an unfavorable settlement that hurts your licenses and livelihood. Your attorney should lead the negotiations and only accept a settlement that is favorable to your behavioral sciences practice.
- The Administrative Proceeding
You have fifteen days after receiving the defense notice to file an answer or risk relinquishing the right to defend yourself. If you do not file an answer within the given timeline, the AG will recommend to the board that it impose a default disciplinary action. However, when you respond on time, they will schedule a hearing presided over by an ALJ.
Before the hearing, you will attempt to reach a stipulated settlement. However, if the settlement fails, the case will proceed to the administrative hearing stage. The individuals involved in the hearing are:
- You, the accused or defendant
- The regulatory authority’s witnesses
- Your witnesses
- The administrative law judge (ALJ)
At the first hearing, the BBS will furnish the ALJ with sufficient evidence to prove that the violation occurred. You will be given access to the evidence for evaluation and will be allowed to present evidence and testimony to counter the accusations within one month after the initial hearing. After the hearing, the ALJ may propose disciplinary measures if the accusations are substantiated or recommend dismissal of the case if they are not.
Upon receiving the ALJ’s resolution, the BBS will vote on whether to accept or reject the recommended action. If they vote to adopt the proposition, the ALJ’s recommendation becomes final. If they vote no, they will review the transcripts from the administrative proceeding and issue a verdict, which will then be made public.
It can take up to 24 months to complete the hearing, which is a long time to wait without practicing if the BBS placed your license under interim or temporary suspension, barring you from practicing until the investigations are concluded.
Possible Disciplinary Measures from the BBS
The BBS guidelines provide various disciplinary measures depending on the type of violation. The possible punishments you will face at the end of the disciplinary process includes:
A Public Letter of Reprimand
One formal disciplinary measure that the BBS can impose for a minor violation of the Medical Practice Act is a public reprimand letter. While a reprimand is deemed the least severe form of punishment, it can have severe implications for your profession as a therapist. The letter is posted on the BBS’s website, meaning anyone can access your information and view the details of your violation, denting your reputation. The letter is made public once you accept it. However, your attorney can convince the BBS to make the letter private so it remains in your record but is not available to the public to protect your reputation.
Citations and Fines
Another lenient disciplinary action the board can impose for minor violations is a citation and fines. Although these measures are not provided in the BBS guidelines, they are a reality and often imposed when your violation or crime does not cause harm to the public or your patients.
Probation
When the board imposes a permit revocation, your attorney can intervene by submitting mitigating facts to compel your regulatory agency to stay the revocation or suspension pending a probation program. That way, you can retain your behavioral sciences permit but practice under strict probationary terms throughout the probation period. If you adhere to the probation terms and the program ends, the BBS will dismiss the accusation against you and allow you to practice freely.
License Withdrawal or Suspension
If the board withdraws or suspends your license after an administrative process, you are disallowed from practicing behavioral science for a certain duration. After the suspension period ends, you can apply for license reinstatement. Your license defense attorney will negotiate with the board for a short suspension period or a stay of the suspension in exchange for practicing under certain conditions.
Behavioral Sciences Permit Revocation
The harshest disciplinary measure you can face from the BBS as a mental health practitioner is license revocation. It prevents you from practicing behavioral sciences indefinitely. However, this should not spell the end of your career. Your attorney can compel the board to impose a stay on the revocation and place you under probation instead. Alternatively, the attorney can help you apply for a license afresh after the specified revocation period.
Probationary Terms
If the BBS imposes probation in place of a revocation or suspension, you must prioritize yourself with the probationary terms. Probation conditions are categorized into optional and standard. The optional probation conditions that the board can impose, depending on your violation, include:
- Finishing a psychiatric or psychological review performed by a BBS licensed and appointed psychologist or psychiatrist within three months.
- Enrolling in psychotherapy sessions conducted by a certified mental health professional
- Sitting for and passing licensure exams
- Joining a rehabilitation program
- Completing specified areas of your behavioral sciences education
- Abstaining from alcohol or substances and agreeing to random drug testing
- Receiving a diagnostic clinical evaluation within 20 days of the BBS decision
- Enrolling and finishing two semesters in law and ethics units
The standard probation conditions the BBS can impose are:
- Adhering to all statutes while serving probation
- Submitting quarterly claims
- Attending interviews with the BBS
- Changing your workplace or residency
- Inform your employer of the accusations against you when rendering services within the scope of your license.
- Furnish the BBS with names, contact information, and addresses of your workers, supervisors, or contractors.
- Informing your clients
- You cannot be a tutor in a coursework for a continuing education program required by the BBS
A breach of the probationary conditions will result in the cancellation of the probation program and reinstatement of the initial license suspension or revocation after your case is heard.
Defending Against a Complaint
You learn of an accusation or pending investigation when you receive a call, subpoena, records request, or investigation notice from your regulatory authority.
Any accusation, however minor it may seem, can jeopardize your license, making it crucial to take the investigation seriously, even when you reasonably believe you are innocent. The board is not on your side, so investigators are looking for information to prove your accusations are true. So, you need someone on your side, and that person is a skilled license defense attorney. An attorney will work hard to ensure the investigation ends without putting your license on the line.
Your attorney can take several actions to compel the BBS not to impose disciplinary measures. These actions include:
- Submit an answer and other relevant documents within the stipulated timeline to preserve your right to defend the accusations.
- Evaluate the regulations governing the alleged violation
- Carefully studying the case’s facts and proof
- Identifying and consulting the relevant professionals
- Partnering with an expert to review the records
- Hiring an expert defense investigator to find witnesses and new evidence that might have been missed in the investigations.
- Acquire the necessary documents
- Enrolling in a mental assessment and treatment program
- Analyzing criminal culpability in the accusations and how they will affect your defense
- Crafting a rehabilitation plan to end drug or alcohol addiction
- Arrange a meeting with board investigators to counter the allegations or reduce the gravity of the violation.
Find a Competent Behavioral Sciences License Defense Attorney Near Me
Acquiring a behavioral sciences license requires you to undergo rigorous training and practical experience to enable you to understand the life issues your patients face and help them navigate these difficult times and resolve their mental health issues. Despite the commitment to your career and helping patients, a violation of BBS regulations and ethical standards can result in a complaint and disciplinary action.
At the Kern County License Attorney, we will explain what to expect, your options, and help you defend the accusations for a fair verdict. Contact us at 888-888-8888 for a free consultation.
