Your role as a behavioral scientist is to study human behavior and assist others in coping with mental ailments. Your job is complex and requires following the laws and codes governing your professional license, like honesty, integrity, regard for human life, and dignity. Failure to observe these ethics or a mistake on duty leading to the violation of governing rules can attract an investigation and disciplinary measures. At San Luis Obispo License Attorney, we know you risk a license revocation even when the violation was accidental. Our attorneys will gather evidence to contest the accusations and represent you when you face the behavioral sciences board.

California Board of Behavioral Sciences (BBS) in a Nutshell

The behavioral sciences field comprises multiple professions. All these professionals in this field must obtain licenses from the California BBS. The responsibilities of this licensing agency are:

  • Providing licensing standards to behavioral scientists
  • Conducting mental evaluation on individuals, it issues with licenses
  • Crafting and educating therapists on the high professional standards they must meet
  • Enforcing their regulations in the event of a violation

The entity receives complaints from the public, and when these are corroborated, they lead to disciplinary measures. Upon receipt of the complaint, the agency can conduct further investigations if the claim is substantiated or drop it.

The practices that will require you to go to the BBS for licensure are:

Licensed Clinical Social Workers (LCSW)

If you hold an LCSW license, your responsibility is to handle serious societal challenges like spousal abuse, child or senior citizen abuse, mental ailments, poverty, and addiction. Your roles involve counseling affected parties and guiding others in obtaining the resources necessary to address their problems. Besides, you assist your patients in tackling their daily challenges head-on.

As an LCSW, you do not sit around waiting for patients. Instead, you visit homes, medical facilities, and offices to find people who need help. Not every person you identify as requiring your expertise will take lightly the issue of you telling them they have a problem. Others will agree to have challenges but will not like your approach to resolving the issue. These unhappy patients could accuse you of unethical behavior or violation of your code, leading to an investigation and punishment. Thankfully, with an experienced attorney on your side, you can always demonstrate the truth to avoid punishment.

Licensed Marriage and Family Therapist (LMFT)

The modern family unit and marriage face multiple challenges. Most of these marital issues are addressed privately without involving third parties. Others include families, friends, and relatives, and only a few turn to professionals for help. Family therapists help partners or family members resolve their differences without turning to drug abuse or violence. If these problems are not resolved early, they escalate into domestic violence, behavioral issues in minors, alcohol and substance addiction, and depression.

Licensed family therapists offer counseling services to couples or family members, helping them find ways to resolve their challenges. Sadly, some patients could feel that the MFT sides more with their partner or dislike the approach the MFT uses. The dissatisfaction could lead to accusations against the therapist. BBS’s mandate is to safeguard the public. As a result, they could escalate a minor complaint, putting your license at risk of suspension or cancellation.

Licensed Educational Psychologists (LEP)

California BBS also licenses educational psychologists. As an LEP, your responsibility is to interact with teachers, students, and parents to conduct psychological analysis and provide counseling, particularly to learners dealing with traumatic events, with the aim of promoting education. Unfortunately, in the line of duty, you will come across clients who are unhappy with your approach or services, and this could result in a complaint against you.

Licensed Professional Clinical Counselor (LPCC)

LPCCs help treat members of society experiencing mental, emotional, or behavioral problems or ailments. Clinical counselors require approval and licensing from the BBS to offer their services. These experts also visit patients in homes, offices, and medical facilities. In their interactions, they could come across patients who accuse them of unethical conduct or violation of BBS guidelines. These accusations are serious even if escalated because, when found guilty, you could lose your license to a suspension or permit revocation. However, you enhance your chances of a fair outcome from the disciplinary process if you hire an attorney with experience in these cases to defend you.

Common Complaints BBS Receives Against Behavioral Scientists

It is disappointing to face an accusation because of an accidental mistake, considering the patience, hard work, and resources you have put into the lengthy process of obtaining your behavioral science permit.  Obtaining the license is a rigorous process, which is why it is saddening to receive an investigation or accusation notice from the board.

The common allegations you are likely to face in this profession include:

  • False advertising
  • Drug or alcohol abuse
  • Sexual misconduct involving a patient
  • Offering services without a valid permit
  • Participating in fraudulent conduct
  • Breach of patient confidentiality
  • Giving or obtaining kickbacks for referrals
  • Hiring unlicensed assistants
  • Gross negligence
  • Professional incompetence

Possible Disciplinary Measures

Before imposing disciplinary measures, BBS will give your attorney the opportunity to defend your license. If your defenses are unsuccessful, the measures the board will take against you include:

  • A reprimand letter that is attached to your license for 36 months, making it difficult to secure employment
  • Citations and monetary fines
  • Staying a revocation or withdrawal and instead imposing license probation
  • License suspension for a stipulated duration
  • Permanent license revocation, although you still have a chance to revive your career through a reinstatement motion.

Probationary Conditions

Some probationary terms are optional and imposed contingent on the case’s circumstances. Others are standard terms and are stipulated under the settlement agreement. The optional conditions include:

  • Supervised practice
  • Undergoing psychopathy by an accredited mental health specialist
  • Sign up and pass tests
  • Diagnostic clinical evaluation every twenty days
  • Abstaining from drug or substance abuse

Standard probationary terms include:

  • Adhering to all statutes
  • Submitting quarterly reports
  • Participating in board interviews
  • Changing jobs or residency
  • Informing the employer of your accusations if your roles are within the scope of your license
  • Notifying customers or patients of the accusation
  • Avoiding any instructor roles in continuing education programs imposed by licensing agencies

When serving probation and you breach any of these conditions, BBS will set aside the stay and impose the initial penalty, which is a license withdrawal or revocation.

The Process of Handling Misconduct Accusations

When BBS receives a complaint, the first step is to determine whether the accusations can be substantiated. If the allegations can be substantiated, the case will undergo further investigations. Nevertheless, before this, they must notify you of the accusations within 10 days of the allegation. Once you learn of the complaint, the steps that follow depend on the nature of the violation.

For small offenses, the BBS will be ready to mediate a stipulated settlement with your lawyer. Alternatively, they could issue a reprimand letter requiring you to appear before an administrative law judge (ALJ) to explain why the reprimand suits you more than any other disciplinary measure. The other way of addressing minor breaches is having an educational forum with an expert case analyst or an investigator appointed by BBS.

On the other hand, when you face a severe accusation like gross negligence, professional misconduct, or sexual misconduct, the complaint will undergo further investigation by an agency investigator.

The investigator will keep you up to date with the investigations, and in case they require your statement, they will interview you. In the interview, the investigator will disclose the details of your allegations and ask questions to fill the gaps they could have in the investigations. You must be careful during the interview to avoid divulging incriminating information. The BBS investigator will want you to believe that they are on your side, but the truth is that they are protecting the interests of the public. Therefore, protect yourself by hiring an attorney to be on your side during the interview. An experienced attorney will coach you on how to answer the questions and be by your side throughout to ensure you do not give out information that will hurt your defense.

Even though the investigator will discuss a few details of the case that are relevant to the interview, you will learn all the details of the accusations during the administrative proceeding. The steps that follow after the interrogation of severe accusations include:

 Referrals of the Case to the Attorney General (AG)

After the BBS investigators conclude their inquiry and determine you have a case to answer, they will refer your case to the AG for evaluation and recommendation of appropriate disciplinary measures.

Once the referral happens, you will receive an accusation notice from the deputy AG. The notice indicates your allegations and professional record with the BBS. The claimant or complainant will obtain a copy of the accusations, too.

When you receive the notice, speak to your attorney immediately. If you are not lawyered up, it is time to do it because a simple mistake from this point could cost you your professional license. An attorney will help you file a response or defense notice within the fifteen-day timeline. If this period lapses without filing an answer, the board will enter a default decision, meaning your license will automatically be suspended. After you file the motion, the AG will set a date for an administrative meeting where an ALJ will hear and determine the case.

Stipulated Settlements

Administrative hearings can be lengthy and costly both for you and the state. Everyone wants to avoid the hearing, which is why the law provides for settlement negotiations. Here, your attorney negotiates with the BBS attorney or AG to find common ground for resolving the case. If both parties agree to a settlement, the case ends after you admit to the alleged offense or breach. In exchange for the admission, the board’s attorney will agree to lenient disciplinary measures that your attorney approves. Attorneys can differentiate between a good and a bad settlement. Therefore, let your attorney take the lead in the negotiations because they will ensure the stipulated settlement serves your interest.

The Administrative Hearing

If your attorney advises against a settlement, it is time to take the case before an ALJ. The BBS will schedule an administrative process where you, the accused, the board witness, and your witnesses take the stand to testify.

The BBS attorney will present evidence to show that you committed the alleged misconduct. Your attorney's role in the hearing is to poke holes or find weaknesses in the evidence presented by the board. The opposing sides will also have the chance to present mitigating and aggravating circumstances.

After the hearing, the ALJ will have 30 days to deliberate on the testimony and evidence to develop their findings. The findings by the ALJ are not final. They submit them to the BBS as recommendations, and it is up to the licensing agency to adopt, alter, or dismiss them. If the allegations are justified, the ALJ will recommend disciplinary action based on the offense severity. If there is no sufficient or compelling proof to demonstrate a violation, the ALJ will suggest dropping the allegations.

When the board receives the recommendations, they will put them to a vote. If they adopt the suggestions, the ALJ’s verdict becomes final. They could make changes or drop them entirely if they disagree with the recommendations. A vote against the ALJ report means the board will review the transcripts of the administrative process, written or in audio recording, to issue a verdict. The decision by BBS will be public and accessible through the board’s website.

You must know that the hearing can be prolonged for twenty-four months. Therefore, if there is an interim suspension on your license, you should have your attorney lift it or overturn it early to enable you to continue practicing as you await the licensing agency’s verdict.

An unfavorable decision in the administrative process could mean the end of your career. Therefore, you must take the accusations seriously even when you believe you have not committed an offense. Also, you are going against a deputy AG representing the BBS. Therefore, you must have an experienced legal team defending you to put up an intense fight for a fair verdict.

Find a Competent Permit Defense Attorney Near Me

Obtaining a behavioral science permit takes time, hard work, and money. You invest a lot in understanding how people handle their problems in daily life and try to find practical solutions to the issues. Doing this requires passion, which many therapists have. Unfortunately, unhappy patients can file complaints threatening your professional license. At San Luis Obispo License Attorney, we will walk you through the process and take action to mitigate the consequences of a violation if you are guilty. Contact us at 805-465-2766 to start the process of defending your license.