Becoming a licensed professional in California requires hard work, commitment, and patience. Despite all your sacrifices, one mistake can lead to losing your license or lower your chances of obtaining one. The Board of Behavioral Sciences issues professional licenses to qualified BBS practitioners.

The board enforces several requirements that an applicant must meet to become licensed. It also issues guidelines for ethical and professional practices that a licensee must follow. A licensed professional violating these guidelines could have their license revoked or suspended.

When this happens, you must hire a professional license attorney to help you fight these allegations. Our attorneys at the San Francisco License Attorney have years of combined experience assisting clients to fight claims that jeopardize their licenses. Call us today to schedule your appointment with us.

How the Board of Behavioral Sciences Works

The California Board of Behavioral Sciences licenses, regulates, and disciplines mental health practitioners. The board issues each practitioner a license number, which helps clients verify their professional standing.

The Board also has an enforcement and investigative unit. It investigates possible criminal and administrative violations. The perpetrator may face administrative prosecution if the investigative unit confirms these violations. Once the board receives a complaint about a professional’s license, it may initiate disciplinary action against them. The enforcement unit assesses the claims and gives guidelines for further investigative procedures.

Complainants report practitioner’s wrongdoings to the California Attorney General’s office. The license holder will receive notification of the petition and must present their defense before an Administrative Law Judge.

After receiving this notice, you must respond to the AG’s office within 15 days. If you do not present the defense notice within this period, the Attorney General’s office will advise the BBS to begin disciplinary measures against you. The actions could lead to a license revocation. You should present your defense notification and request a hearing to address your case.

The Different Licenses Issued in the Behavioral Sciences Field

The behavioral sciences field includes multiple professions. Some of these professionals include:

Licensed Marriage and Family Therapists

Marriages and family units face a lot of challenges. Many families and couples typically deal with these issues privately. However, a growing number of people are seeking help from outside sources when handling concerns with:

  • Depression
  • Domestic violence
  • Child behavioral issues
  • Substance abuse
  • Marital challenges

As a skilled therapist, you guide your customers and assist married couples in finding resolutions to their challenges. If, for example, a couple feels that you are professionally incompetent, they can submit a complaint to the BBS. The board may investigate your conduct or suspend your license if they confirm any of the allegations.

Licensed Clinical Social Workers

A professional approved to work in this occupation address issues, including:

  • Domestic violence
  • Abuse of the elderly or children
  • Poverty
  • Mental health problems
  • Addictions

As a practitioner, your skills can help clients deal with everyday situations. Your position will also require visiting your clients’:

  • Hospitals
  • Homes
  • Offices
  • Other locations outside your office

While you perform your duties, a client or colleague can accuse you of misconduct. This accusation could lead to accusations of breaking BBS guidelines.

Educational Psychologists

California’s educational psychologists mainly work with students, parents, and teachers. They support students in their behavioral, academic, and emotional growth.

As an LEP, you use your skills to assess students’ psychological needs thoroughly. You also provide support when they face trauma or other personal difficulties. Like other fields under the BBS, professionals can face discipline if accused of misconduct by a teacher, parent, or student.

Professional Clinical Counselors

Professional clinical counselors help groups, individuals, or families with:

  • Mental
  • Behavioral
  • Emotional issues

As a practitioner in this field, you could have an office or workspace or meet clients inside hospitals or at their homes.

Complainants can accuse LPCCs of disregarding ethical principles or perpetrating a crime that could result in a possible conviction. The board could take disciplinary measures based on these actions. Regardless of the board’s decision, any complaint or accusation against your license can hurt your career. The repercussions could, in turn, affect your livelihood.

Possible Accusations That Could Trigger Disciplinary Actions By The BBS

Several accusations could trigger disciplinary actions by the BBS, including:

Fraudulent Billing

As a licensed professional, you could choose to enter private practice. Private practice means you can invoice and charge your customers depending on the duration you spend offering your services.

Charging clients for services you did not render can lead to allegations of fraud. Using the wrong code for invoicing can also result in fraud claims against you. This act is easily detectable and is illegal under California fraud laws. When clients file complaints with the BBS, it will investigate your conduct and practice. The authorities and your insurance company can also investigate the accusations. 

When your client complains to the local police, they must inform the BBS within thirty days. This action must happen while inquiries are ongoing. Fraud inquiries frequently happen simultaneously and could become overwhelming. As part of the investigations:

  • You must provide documents
  • Detectives will interview you
  • The authorities will audit your practice

Billing fraud is a major risk for business owners that you should not overlook. This act can have serious consequences, whether you did it intentionally or by accident. Your license defense attorney can help you dispute the accusations. They will provide strong assertions to the court and the BBS.

Claims Of Substance Misuse

As a behavioral science professional, you must show good judgment. You also need strong decision-making skills. Coming to your workplace or attending client meetings while intoxicated can lead to misconduct claims.

Serving clients while impaired shows unprofessionalism. The board may revoke your license if a customer reports unethical conduct. The BBS will assess if you also have a habit of serving other clients while intoxicated. It will take serious measures against you if the allegations are true.

Fortunately, you may still be able to defend yourself from such accusations. Sometimes, clients may accuse you falsely. You might have been unwell. Your prescription medications might cause drowsiness or other side effects that look like intoxication. Your license defense attorney can invalidate the accusations against you.

Claims of Infringing Client Privacy

Violating your client’s privacy is a serious issue and could trigger the revocation of your professional license. When clients visit a behavioral professional’s office, they are often vulnerable. They see it as a safe space to share their experiences freely. Disclosing a client’s personal information without valid reasons is offensive. Professionals must keep their clients’ secrets private. The only exceptions are when not disclosing them could harm others or themselves.

If your client with a mental illness informs you about possessing a weapon, you must notify the authorities. Under the law, people with mental illnesses cannot have a weapon. They could be a danger to others and themselves.

However, your report may lead the client to accuse you of breaking confidentiality laws. The board will investigate their claims when they submit a complaint against you.

In the session with the ALJ, your attorney can show that your client was a danger to society. They can argue that protecting the client and the public is your duty. You can use your notes or a video from your session to defend yourself against these allegations.

Violating Professional Boundaries in Client Interactions

Clients can make claims concerning their therapists making sexual advances on them. While the board can verify the allegations in certain instances, some can make them out of spite. Regardless of their motives, the allegations can damage your professional standing.

Criminal Charges

If you face driving under the influence charges, the BBS can suspend or revoke your license. The license revocation or suspension can happen even if the act is not directly related to your practice. Having a lawyer on your side can help you fight the allegations and protect your career.

Rejection of Your License Application

After completing your education, the next phase is to obtain a license to work in California. The BBS will perform background checks when you apply for the license. It will review any convictions or charges on your criminal record. The board could deny your license application if:

  • You did not reveal your past criminal charges when you applied for the professional license
  • You did not explain the charges in the application

Under California Penal Code 1203.4, you can have criminal records expunged. Once erased, you do not need to reveal it to a prospective landlord or employer. Unfortunately, this is irrelevant when applying for professional licenses in California or public office positions.

If the board declines your application, you can petition the BBS with the assistance of your lawyer to obtain your license.

Defending Yourself

Completing your education and acquiring your professional license is a significant achievement. However, facing license suspension, probation, or revocation can be frustrating.

As a licensed practitioner, you retain the right to protect yourself. You can request a hearing before an ALJ. The hearing is necessary since it lets you confront the complainants and the board’s witnesses. You can also contest the board’s judgments.

Your license defense attorney can help you with the following:

  • Seek discovery from the prosecutor
  • Issue subpoenas
  • Acquire the necessary documents for your defense

You will have the opportunity to have your witnesses, such as character or expert witnesses, to support your defense.

An administrative hearing will also allow you to submit proof that undermines the information given by the BBS. The law lets you challenge their judgment in the Supreme Court when you lose the trial.

If you do not refute the claims against your license, they might seriously affect your job. You must enlist the help of a skilled license attorney and do not defend it alone. When you decide to defend yourself at the hearing, you could commit mistakes and forfeit your rights. A licensed lawyer will improve your odds of obtaining a favorable outcome and help you retain your license.

Preparing For a California Board of Behavioral Sciences Hearing

Preparing for a hearing is a crucial part of protecting your license. This procedure includes gathering:

  • All relevant paperwork
  • Proof
  • Evidence from witnesses that backs up your argument

Your lawyer will work with you to create a defense plan customized to your circumstances. The preparation could involve:

  • Preparing your statement for court
  • Understanding the possible questions you might encounter
  • Creating compelling points to present to the board

Adequate preparation can significantly influence the result of your hearing.

What Happens When the Board Revokes My License?

If the board revokes your license, you might be unable to work in your field. Being jobless can lead to significant financial and emotional strain. It could also damage your reputation and prospective opportunities in your career. An attorney specializing in defending BBS licenses can:

  • Mitigate these outcomes
  • Help you in having your license reinstated
  • Assist in understanding your rights and choices after the disciplinary actions

They can also help you appeal any adverse outcomes to the BBS board.

Choosing The Right License Defense Attorney

When choosing an attorney, look for someone with experience in cases involving the California Board of Behavioral Sciences. Review their track record, client testimonials, and their approach to communication. A preliminary consultation can show how well the attorney understands your needs. It also helps you see their legal strategy and if you feel comfortable working with them. An attorney’s skill and personal connection can significantly impact your defense process.

Find a Seasoned License Defense Attorney Near Me

If you face allegations that could impact your career negatively, hire an attorney to protect your license from facing a suspension or revocation. Failing to do this could result in losing your job. You should also contact an attorney if the BBS rejects your license renewal application.

At the San Francisco License Attorney, we have a team of lawyers acquainted with licensing regulations for licenses under the BBS. Our experienced license attorneys can assist you with matters concerning your professional license. If your profession and license are in jeopardy, contact us today at 415-919-6594 to speak to one of our attorneys.