Your duty as a behavioral scientist is to study human behavior and address mental ailments. This job is complex, and you must adhere to the laws and codes governing your license, like integrity, honesty, dignity, and regard for human life. Failure to follow these ethics or engaging in acts that violate governing rules can trigger investigations and punishment. If this happens, you should consult a reputable license defense attorney.
At San Francisco License Attorney, we understand the consequences of potential violations, even if the offense was accidental. Our legal team will gather evidence to defend against allegations and pursue a favorable outcome if you are under a board investigation or have been denied a professional license.
The Board Of Behavioral Sciences (BBS) In California
There are several professions under the field of behavioral sciences. These professionals must secure licenses from BBS before they are allowed to practice. BBS is charged with the following duties:
- Enforcing their rules in case of a violation
- Developing and educating therapists on the professional standards they must observe
- Conducting mental assessments on professionals seeking licenses
- Setting licensing standards for behavioral scientists
BBS receives complaints from patients, their families, and the public. When these are corroborated, they can attract severe penalties. The BBS will conduct further investigations upon receiving the claims to ascertain if the accusations are true.
Professionals Regulated by the Board of Behavioral Sciences
The following are practices that will require you to seek licensure from the BBS:
Licensed Professional Clinical Counselor (LPCC)
LPCCs often treat patients suffering from emotional, mental, or behavioral ailments. You need approval and licensing from the BBS before you can provide your services. These professionals also visit patients in medical facilities, offices, and homes. During your interactions with patients, you can be accused of violating the BBS rules or engaging in unethical behavior. These claims should be taken seriously because if found guilty, you can
lose your license to a revocation or license suspension. Hiring a skilled license attorney will enhance your chances of a fair outcome from the disciplinary process.
Licensed Educational Psychologists (LEP)
Educational psychologists must also obtain a license from the BBS before they are allowed to practice. Your role as an LEP is to interact with students, parents, and teachers, conduct psychological assessments, and provide counseling. Counseling is important to students dealing with traumatic events, to promote education. Sadly, in the line of duty, you will encounter people who are not happy with your services or approach. As a result, they can report you to BBS.
Licensed Marriage And Family Therapist (LMFT)
The current marriage and family unit faces many challenges. Marital problems are often solved confidentially without involving third parties. Others include friends, relatives, and families, but only a few seek professional assistance. Family therapists assist family members or partners in addressing their differences without turning to violence or drug abuse. If these issues are not settled early, they can cause depression, substance and alcohol addiction, behavioral issues in children, and domestic violence.
Licensed family therapists provide counseling services to family members and couples, helping them resolve their differences. Unfortunately, one partner may claim that you are siding with the other partner or that your approach will not be comfortable. The BBS’s obligation is to protect the public. As a result, the BBS can escalate a minor allegation, putting your license at risk of cancellation or suspension.
Licensed Clinical Social Workers (LCSW)
You have a duty to address serious societal issues if you are a holder of an LCSW license. Some of the problems you are required to solve include addiction, poverty, mental ailments, senior citizen or child abuse, and spousal abuse. These professionals offer counseling to affected individuals and guide others in securing essential resources to address their issues. Additionally, you have a duty to help people in tackling their daily issues head-on.
These professionals do not sit in one place waiting for patients. They visit medical facilities, offices, and homes to find people who require their assistance. Unfortunately, not everyone will be comfortable when you tell them they have a problem. Some will accept it, but not like your approach to addressing their problems. Dissatisfied patients could accuse you of violating your code or engaging in unethical behavior, which could lead to an investigation and disciplinary measures. With the help of a competent license attorney, you can prove the truth to avoid severe disciplinary measures.
Common Accusations Filed Against Behavioral Scientists
Behavioral scientists commonly face allegations of professional misconduct related to legal compliance, ethics, and client safety. The allegations often arise from reports by co-workers or client complaints, institutions, or employers. They include:
Poor Record Keeping And Documentation Failures
You must maintain accurate records if you are a licensed behavioral scientist. The common complaints you can face include inadequate record retention, failure to document treatment plans, and missing or incomplete notes.
Conflicts Of Interest And Dual Relationships
A therapist who has multiple roles with a client could be accused of a dual relationship and conflicts of interest. For example, social or romantic involvement, lending money to a client, or employing a client. These relationships are often discouraged because they can impair professional judgment.
Improper Financial Practices
Financial misconduct is another offense commonly committed by behavioral scientists. This includes exploitative financial arrangements, overbilling or charging for unprovided services, and fee disputes, though some can fall outside the jurisdiction.
Criminal Conduct
Any criminal behavior can attract disciplinary measures. This includes substance abuse affecting practice, abuse, assault, DUI, or other offenses. The BBS often reviews criminal convictions.
Violation Of Client Rights
Patients have rights during therapy. Some of the violations you can be accused of include coercion or manipulation, denying access to records, and failure to secure informed consent.
Harassment And Discrimination
You are expected to offer fair and unbiased care. Patients can accuse you of cultural insensitivity in treatment, harassment or hostile behavior, and discrimination based on sexual orientation, religion, gender, and race.
Client Harm or Negligence
A patient can file a case against you if he/she feels harmed by your services. Some of the complaints you can face include:
- Inappropriate treatment methods
- Failure to assess risk, like suicide risk, and
- Emotional, psychological, or physical harm.
Practicing Outside Scope or Without A Proper License
You are required to offer only services you are trained in and licensed to perform. Patients can accuse you of failing to meet supervision requirements if you are an intern or associate. You can also be accused of practicing without a valid license and of treating conditions beyond your expertise.
Dishonesty, Misrepresentation, And Fraud
The public or patients can file complaints of deception or unethical gain against you. This includes false advertising of services, misrepresentation of credentials, or misrepresentation of licensure. You can also be accused of billing fraud, insurance misuse, and falsifying records or treatment notes.
Breach Of Confidentiality
You are legally required to protect patients’ information. Common complaints you may face include discussing cases in public or in insecure settings. You can also be accused of improper record handling and of sharing patient information without permission. These are the major ethical and legal offenses commonly cited in complaints.
Sexual Misconduct And Boundary Violations
The common violations that behavioral scientists are accused of include exploiting client dependency and emotional or dual relationships. They are also accused of inappropriate physical contact and sexual relationships or contact with patients. According to the law, therapy must never include sexual behavior.
Unprofessional Conduct
Unprofessional conduct is the most common and broadest basis for complaints. You can be accused of offering substandard or harmful services and failing to maintain professional standards. Patients can also accuse you of poor clinical judgment or incompetence, and acting irresponsibly or negligently in therapy.
The Process Of Handling Misconduct Claims
The first step the BBS will take when it receives a complaint is to establish if the claims can be substantiated. Your case will undergo further investigations if the claims can be substantiated. However, before this, you will be notified of the allegations within ten days of the claims. The steps that follow depend on the nature of the violation once you learn of the allegations.
The BBS will be willing to mediate a stipulated settlement with your license attorney for minor violations. Alternatively, you could be served with a reprimand letter requiring you to appear before an administrative law judge. You will be required to explain why the reprimand suits you more than any other punishment. Another strategy for addressing minor breaches is to hold an educational forum with an investigator appointed by the BBS or an expert case analyst.
On the other hand, your case may be further investigated by a BBS investigator if you are accused of a serious violation, such as sexual misconduct, professional misconduct, or gross negligence. You will be updated on the investigations by the investigator, and he/she can schedule an interview with you in case a statement is required from you. The investigator will reveal the details of your accusations during the interview and ask you questions to fill the gaps in the investigation. You must be cautious during the interview and avoid divulging incriminating information. The investigator will act as if he/she is siding with you, but an investigator is often protecting the public interest. In this situation, you can protect yourself by seeking the services of a skilled licensed attorney.
An attorney will guide you on how to answer questions and avoid giving out information that can taint your defense. You will learn everything regarding your case at the administrative hearing, even if the investigator shares a few insights into the case with you that are important to the interview.
Referral Of Your Case To The Attorney General
The BBS can refer your case to the Attorney General after the investigator concludes their inquiry and determines if you have a case to answer. The Deputy Attorney General will serve you with an accusation notice once the referral is made. The notice shows your professional record with the BBS and allegations. The complainant will also be served with a copy of the notice.
Consult an attorney immediately once you receive a notice. If you have no legal representation, you should hire one because a minor mistake at this stage can cost you your license. An attorney will help you in filing a response or defense notice within the 15-day deadline. The BBS will enter a default decision if 15 days end without you filing a response. As a result, the BBS will automatically suspend your services. However, the Attorney General will schedule a date for an administrative hearing if you file a motion. This hearing will be presided over by the administrative law judge.
Stipulated Settlements
Sometimes, administrative proceedings can be prolonged and expensive. Most defendants avoid these proceedings by opting for settlement negotiations. Your license attorney can guide you in negotiating with the BBS or the Attorney General to find a neutral ground for settling your case. Your case will be dropped after you admit to the underlying violation or breach and your attorney and BBS agree to a settlement. The BBS will agree to leniency in the punishment in exchange for this admission. Allow your license attorney to take the lead in the negotiation because an attorney understands a good and bad settlement. A good license attorney will ensure the stipulated settlement serves your interests.
Probation And Its Terms
You will be granted conditional probation if you commit a minor offense. Certain probation conditions are discretionary and can be applied depending on the specific circumstances of the case. Others are standard conditions stipulated in the settlement agreement. The following are optional conditions:
- Avoiding substance or drug abuse
- Diagnostic clinical evaluation every 20 days
- Sign up and pass tests
- Undergoing psychopathy by an accredited mental health specialist
- Supervised practice
Some of the standard conditions are:
- Avoiding any instructor duties in continuing education programs imposed by the BBS
- Informing patients and the employer of the allegations
- Changing residency or jobs
Find a Dependable California License Defense Attorney Near Me
You must undergo rigorous training and seek relevant experience to become a behavioral scientist. It would be terrible to lose your license due to allegations of professional misconduct or upon facing criminal charges. If you learn of a board investigation against you, you should contact a reliable attorney immediately.
At the San Francisco License Attorney, we have caring attorneys who can help you present a defense against your charges. Contact us today at 415-707-6383 to talk to one of our attorneys.
