Becoming a psychologist, social worker, or counselor requires years of education, dedication, and financial resources. In California, the Board of Behavioral Sciences licenses, regulates, and enforces professional standards for mental health professionals. If you are a marriage family therapist, clinical social worker, or clinical or educational counselor, you must obtain your certificate from the BBS to practice legally in the state.

Unfortunately, your efforts and dedication to building your career could go down the drain when you are reported to the board for a violation. Following an inquiry, the board may impose several forms of penalty, such as public censure or the suspension or revocation of your professional license, if it determines that you are responsible for the alleged offenses.

It can be frightening to find out that you are being investigated by the BBS and going through the disciplinary proceedings in Kern County, California. Therefore, you will need the legal insight we offer at Kern County License Attorney to navigate your case.

The Board of Behavioral Sciences

All mental health professionals in California are regulated and licensed by the Board of Behavioral Sciences. A licensing examination will be administered when you complete your education and training. Each licensed professional has a license number, which allows your clients to confirm your standing and ability to provide the services legally.

The primary goal of the Board of Behavioral Sciences is to protect the public, advocate for improved mental health, and enforce the standards of practice for different professionals. The BBS regulates a variety of professions, including:

Educational Psychologists

Educational psychologists collaborate with families and other professionals to help children and young adults achieve their full potential. They can also improve children's learning experiences by collaborating with schools. Becoming an educational psychologist requires education and training in psychology and child development.

Clinical Social Workers

Clinical social work is a field of social work that focuses on diagnosing and treating mental and behavioral conditions. To offer these services to families, the criminal justice system, and the healthcare sector, you must complete an advanced education and receive a license from the BBS.

Although your job description as a clinical social worker could vary depending on your employer, the responsibilities of a clinical social worker include:

  • Assessing the needs of different patients.
  • Interviewing clients and their families.
  • Creating treatment plans for clients.
  • Collaborating with other healthcare professionals to execute the treatment plan.
  • Record the different treatments administered to patients.

Clinical Counselors

Clinical mental health counselors transform the lives of their clients by diagnosing and treating a wide range of mental health and emotional issues. Becoming a clinical counselor requires completing an undergraduate degree, obtaining some experience through internships, and passing the licensing examination.

Marriage and Family Therapists (MFTs)

Marriage and family therapists use different forms of therapy to support their patients. The MFT creates a customized treatment plan to fit the needs of different clients. MFTs treat a wide variety of clinical problems, including marital issues, strained parent-child relationships, and depression.

Complaints Reviewed by the Board of Behavioral Sciences

You may be reported to the BBS and face potential discipline for a wide range of misconduct, including:

  • Substance abuse. Drug or alcohol abuse can significantly impact your ability to offer safe and reliable services to your clients. If you have a drug addiction or go to work while intoxicated, you can be reported to the board and face disciplinary action.
  • Professional incompetence.
  • Sexual misconduct. Engaging in sexual acts with a client, whether consensual or non-consensual.
  • Criminal convictions. If you are arrested and charged with offenses like DUI, robbery, domestic violence, and fraud, the board will be notified about the conviction and can impose severe discipline against you.
  • Practicing outside the scope of competence. When you receive a license from the Board of Behavioral Sciences, there is a stipulated scope of services you can provide. Acting outside the scope of your license is a violation that can result in license discipline.

Disciplinary Process by the Board of Behavioral Sciences

Your case will go through the following disciplinary process before the BBS imposes appropriate discipline:

Complaint Filing

Your disciplinary case begins when a complaint is submitted against you to the board. A patient, the patient's family, your colleagues, your employer, or the relevant law enforcement department could file a complaint. Complaints are made to the BBs through email, calls, or the BBS reporting website.

Not all complaints reported to the board can be substantiated. Therefore, the BBS will review the complaint to determine its basis and whether it falls within its jurisdiction.

If the complaint against you does not fall within the board's jurisdiction, it will be transferred to the relevant entities. The initial review of a complaint against a professional must be done within ten days before the board proceeds with further Investigations.

Investigation

After the board determines that the complaint falls within its jurisdiction, an investigator is assigned to handle the case. An investigation by the Board of Behavioral Sciences involves:

  • Interrogation of witnesses, including the complainant.
  • Obtaining documents relevant to the case.
  • Checking through your criminal record and license history.

The investigator could contact you for a statement or require you to submit relevant paperwork. The investigator could seek the input of professionals. For example, if your case is based on a criminal conviction, the investigator will work closely with the criminal court to analyze your case.

Determination of Probable Cause

After completing the investigations, the investigator will forward their findings to the Board's review unit. This helps determine whether your case will end in a citation or proceed to a formal hearing.

If insufficient evidence warrants a formal hearing, your case could be dismissed. Alternatively, the board can issue a citation against you. In this case, a citation acts as a warning to a professional. Although this does not count as disciplinary action, it will remain in your record for up to five years.

A fine may accompany a citation if the board finds a level of liability for the alleged violations. If the investigator presents sufficient evidence to support the allegations against you, a formal complaint will be filed.

Administrative Hearing

You have a right to be notified if a formal complaint is filed against you to the BBS.  The notice from the board will include the allegations brought against you and a statement informing you of the requirement to respond to the notice within fifteen days of receiving it.

You can inform the board of your intention to defend against the allegations in your response. An administrative hearing will then be scheduled, during which you can present a defense against the allegations. Immediately after receiving a notice from the board, you must hire and retain a competent attorney.

Your attorney will help you obtain relevant evidence and build a solid defense. The board allows a pre-hearing phase of your case where both sides of the case discover the evidence that the opponent intends to present. Under Government Code 11507.6, you have a right to obtain the addresses of all witnesses the board seeks to present at your hearing and inspect the evidence collected against you.

The discovery phase of your BBS disciplinary case must be completed within thirty days. This will help you build a defense around it and secure a favorable outcome. Before holding a hearing, the board may suggest that you enter into a stipulated settlement where you accept liability for the misconduct and face appropriate disciplinary action. With this agreement, you will waive your right to a hearing.

Entering such a hearing is not always in your best interest. Therefore, you must discuss your options with your attorney. If you do not agree to a stipulated settlement, your case will be heard by the administrative law judge. Under California Government Code 11512, the board will determine whether the administrative law judge will listen to the case alone or with the board's disciplinary committee.

At the administrative hearing, both sides of the case will present evidence, including cross-examination of witnesses. After assessing the evidence presented, the administrative law judge will decide on the proposed course of action against you within 30 days of the hearing, as required under Government Code 11517(c).

Final Decision

The ALJ's decision in your case is not final. Under GC 11517(c)(2), the board has up to 100 days to review the ALJ’s decision and accept, reject, or modify it. Additionally, the board could decide to hold further proceedings for your case. The board will then issue a final order on the disciplinary action you stand to face.

Appeal Process

You can appeal the board's decision within thirty days of its issuance. This gives you a chance to have your case reconsidered. When you file an appeal, the board will meet to determine your eligibility for reconsideration. If you are up for reconsideration, your case may undergo a judicial review.

Under Code of Civil Procedure 1094.5, you have up to thirty days to petition for a writ of Mandate to review your case in the superior court.

Compliance and Rehabilitation

Under BPC 1680-1681, Professionals who face license discipline by the BBC must comply with all the terms of the disciplinary action imposed. Failure to comply with the disciplinary measures could result in more severe action, like license revocation.

Depending on the disciplinary action you will face, the board will monitor your progress to ensure you follow through with all the conditions. After completing a suspension or probation, you can petition the board for a license reinstatement or removal of your probationary status.

Potential Disciplinary Action by the Board of Behavioral Sciences

The BBS allows you and your defense attorney to fight against the allegations you face. However, when you are found liable for the alleged misconduct or violations, you can face the following forms of discipline:

Public Reprimand

If you are reported to the board for a minor violation, you could face a public reprimand. This serves as a warning to you for your misconduct. Although the public reprimand does not impact your license directly, the information is published on the BBS website, which is accessible to the public. A reprimand could be specific to your profession or under the California Business and Professions Code.

Citation and Fines

The board could issue a citation and administrative fines for lesser offenses that do not cause actual harm to others.

License Probation

When the board imposes license probation, you can continue using your license and practicing in your professional field. However, you will be under strict supervision. Additionally, the board will issue some conditions you must follow through the probationary period.

License Suspension

The BBS imposes license suspensions for more serious violations. When the BBS suspends your professional license, you can no longer practice as a psychologist, clinical social worker, family therapist, or clinical counselor in California. The suspension of your license is not a permanent decision. After the suspension period has ended, you could petition the board to reinstate it.

Reinstating a suspended professional license requires you to serve the suspension period and prove your rehabilitation to the board.

License Revocation

The harshest disciplinary action the BBS can impose on a professional facing misconduct allegations is a license revocation. This discipline is common for severe violations or professionals with a long list of violations on their records. When your license is revoked, you will be deregistered from the board. This could mean an end to your career.

Find a Competent License Defense Attorney Near Me

The Board of Behavioral Sciences regulates California's social work, psychology, and counseling practices. As part of its regulatory responsibility, the BBS investigates and disciplines professionals who violate the board’s code of conduct. You can be reported to the board for a wide range of conduct, including sexual misconduct, drug and substance abuse, criminal convictions, and insurance fraud, among others.

After the report is made, the BBS will perform an investigation, hold an administrative hearing, and impose license discipline on professionals found liable for misconduct. The stakes are high for professionals facing an investigation by the BBS. This is because you could lose your license and ability to practice in the career you have worked so hard to build. Therefore, seeking legal guidance to navigate the disciplinary procedures is critical.

At Kern County License Attorney, we understand the complexities of defending your professional license and reputation. We offer top-notch legal guidance and representation for clients facing potential professional discipline in Kern County, CA. Contact us at 805-702-8560 for much-needed guidance.