Behavioral science is a broad term that covers several practice areas. The Board of Behavioral Sciences issues licenses and governs scientists in California. If you are under disciplinary action by the Board of Behavioral Sciences, the sooner you engage an attorney, the better. At the Fresno License Attorney, our attorneys provide reliable defense to professionals holding behavioral sciences licenses. We thoroughly comprehend the law, which places us in the best place to negotiate with the board.

Understanding the Board of Behavioral Sciences

The Board of Behavioral Sciences (BBS) examines, licenses, and enforces professional standards for certain mental health professionals. The mental health professionals under BBS include:

  • Educational psychologists
  • Professional clinical counselors and associates
  • Clinical social workers and associates
  • Marriage and family therapists and associates

The BBS investigates and responds to allegations made against registrants and licensees for violating the laws connected to the practice in the following areas:

  • Social work
  • Educational psychology
  • Counseling, and
  • Therapy

Allegations could result in the filing of a formal accusation and ultimately lead to disciplinary action by the BBS. You should seek the services of an experienced attorney if the board is investigating you. A skilled attorney understands the complexities of defending a professional’s license and reputation. A reliable attorney will work with you to protect your license and your livelihood, whether you are being accused of a chemical dependency or a criminal matter.

The BBS’s Disciplinary Guide Book

The interest of the BBS is to see mental health practitioners uphold high standards of competence, ethics, and professionalism within the industry. The BBS recommends a set of official disciplinary guidelines to fulfill their duty to the public. If your case reaches the hearing stage, the judge presiding over the administrative hearing is guided by the disciplinary procedures. The disciplinary guidebook generally has four parts. They include:

  • Standards to be observed in substance abuse cases
  • Recommended disciplinary actions for certain crimes, including minimum and maximum disciplinary measures
  • ‘’Model Disciplinary Orders’’, which deal with optional and mandatory license probation terms
  • Additional ‘’Board Guidelines and Policies’’ put in place to ensure the punishment you face reflects or matches the type of crime you committed

The disciplinary guidebook highlights the most common offenses and the potential sentence in the BBS’s disciplinary guidelines. The offenses you could be accused of could include:

  • Using fraud to obtain a mental health practitioner license
  • Exhibiting incompetence in your practice or gross negligence
  • Suffering psychological or physical illness that tends to interfere with your capacity to carry out your duties safely
  • Failing to notify your patients or clients in advance about the amount you are charging for the services offered
  • Keeping faulty or poor patient records
  • Denying your patients the opportunity to access their health records
  • Being accused of withholding patient referrals
  • Failing to supervise your assistants appropriately
  • Deliberately or recklessly inflicting physical or emotional harm to your patients
  • Engaging in a sexual act with a child
  • Failing to follow the Telehealth rules under Section 2290.5

The Disciplinary Actions The Board Of Behavioral Science Could Impose On You

Like other professional licensing agencies, the BBS must monitor and regulate the practice of mental health professionals. The BBS’s enforcement unit will investigate reported violations and regulations related to behavioral health professionals.

An allegation could be filed against you by a law enforcement agency, an insurance company, a co-worker, or a patient. The BBS will commence its investigations once it receives the complaints. The BBS investigator could call you and request that you provide specific paperwork, attend an interview, or make a statement. You should consult your attorney before speaking or engaging the board investigator.

Your file could be closed if the complaint is not substantiated. Alternatively, you could face a lesser disciplinary action, like a citation and fine. Your attorney can offer evidence that mitigates or refutes the allegations against you if he/she intervenes early in the process.

On the other hand, the BBS could file an accusation if the complaint is substantiated. An accusation could be a written statement of allegations against you. The office of the Attorney General deals typically with formal accusations. It can be daunting for a formal accusation to be filed against. Fortunately, there are several options you can choose from. One of the options could be bargaining for a stipulated settlement. Another option includes proceeding to a hearing before an Administrative Law Judge (ALJ) with the Office of Administrative Hearing. You could be subject to disciplinary action if found guilty of the alleged violation. The disciplinary action could include:

  • Public reprimand
  • License revocation
  • License suspension
  • Probation

Public Reprimand

Also known as reproval, a public reprimand is a type of disciplinary action by BBS for minor crimes. This disciplinary action will remain on your record but does not constitute any restrictions on your license and will not affect your practice. For this reason, a public reprimand is a preferred outcome of a disciplinary or investigative process if an accusation cannot be dismissed.

The BBS can issue reprimands in two circumstances:

  • The BBS can reprimand a mental health practitioner with a medical license. A public reprimand issued for committing an offense is regarded as a lesser disciplinary action
  • The BBS licensing program can impose a reprimand for a minor crime instead of probation or denying you a license

License Revocation

The most severe punishment the BBS could impose is revoking your license. However, an attorney can strive to reinstate your license as fast as possible.

License Suspension

You will be ordered to cease your practice if the BBS suspends your license until the suspension is lifted. The BBS could impose an interim suspension, ultimately preventing you from offering services when an investigation is ongoing. Your legal team can bargain with the court for a reduced suspension period. Your attorney can also negotiate to terminate the suspension period when you comply with some conditions.

License Probation

If the BBS grants you probation, your license revocation or suspension would be ‘’stayed’’. At this point, you will be free to continue with your practice. However, you will only be allowed to continue if you commit to following certain conditions set by the board.

A Citation and Fine

A punishment involving a citation and fine is not covered in the official disciplinary guidelines but is a reality. The BBS could only subject you to this punishment if you committed a lesser crime. A lesser crime is one where the patient or the public did not suffer actual harm.

You could face a minimum discipline rather than a maximum one if your attorney convinces the board with mitigating evidence. For example, a general unprofessional behavior could subject you to a suspension of 60 days and probation that does not exceed three years. On the other hand, sexual misconduct could earn you a suspension of 120 days and a probationary period that does not exceed seven years. You will resume practice after completing the above minimum disciplinary action and passing psychological exams.

If you are facing allegations of drug addiction, you could be ordered to enroll in an approved rehabilitation program and recovery or support group. You will also be subjected to impromptu drug testing. The BBS will also order you to undergo a random psychological evaluation for you to retain your license.

The judge presiding over the hearing can adjust your punishment and probation terms based on specific factors. The BBS can approve the judge’s decision if he/she justifies deviations from the board’s standard discipline. A competent attorney can, however, fight for your license by presenting evidence during the administrative hearing.

If the BBS grants you a stay of license suspension and probation, you will be required to comply with basic probationary terms like:

  • Reimbursing the BBS for the expenses of probation monitoring
  • Notifying your employer or clients of the probationary status
  • Showing up for regular interviews with the board
  • Filing quarterly reports
  • Avoiding criminal charges while on probation

On the other hand, you could negotiate the following conditions depending on the type of offense you commit:

  • Taking an ethics course
  • Billing system monitoring
  • Supervision of practice sessions
  • Drug testing
  • Psychological exams

A reasonable attorney would first fight for a dismissal of your charges. Your attorney could also negotiate a favorable punishment, enabling you to retain your professional license and continue practicing. A reputable attorney has skills that can expose misleading or false evidence presented against you. An attorney can also interrogate witnesses and develop a strong defense against your charges. The best legal team also knows how to minimize the severity of a punishment, which cannot be avoided.

What You Should Do When a Board Investigator Contacts You

If a board investigator contacts you, you should first call your attorney. You can contact an attorney by phone or in person. However, you must defend your license by seeking the services of an experienced attorney as soon as possible.

The board investigator must have a reason to contact you. The problem could be a report of malpractice settlement or related to a complaint filed against you. A board investigator has similar powers to peace officers. Any information you divulge to the investigator can be used against you in an enforcement proceeding, and it could be the basis of an arrest.

A board investigator will likely be accommodating and friendly. The board could also tell you that you are free to hire or consult an attorney, but you are not obligated to do so. Regardless of how accommodating an investigator might seem, you must never forget that the investigator is looking for evidence that you committed a crime. Talking or cooperating with the investigator without the help of an attorney does not yield positive results.

You have certain rights and obligations under the law. For example, you must attend an interview if the board investigator invites you to one. However, you also have a right to send your attorney to represent you in the interview.

Investigative Process

The board’s investigations are substantial and serious. Trained investigators carry out the investigations. Sometimes, the interviews can be conducted by the law enforcement officers. You could face additional disciplinary actions because of your unfettered participation. Therefore, you must consult an attorney to help you understand your rights and possible repercussions.

An investigator has to establish a deviation from the Board’s Practice Act. Your attorney can help you distinguish between sworn peace officers and special investigators to determine if the investigator has the power to arrest you.

The interview process with the BBS is your first chance to prove that discipline is not warranted in your case. Your attorney could request a summary of accusations against you so they can prepare for the interview. An attorney can also ask the investigator to provide the board’s investigation scope. You would work with your attorney to prepare for the investigation once he/she has learned the basis and scope of the board’s investigation. Your attorney’s preparations could include the following steps:

  • Request for an expert review of records
  • Seeking the services of a medical expert
  • Asking you to undergo a psychological assessment
  • Asking you to undergo a forensic assessment
  • Securing specific and tailored mitigation records
  • Reviewing the relevant and current case law
  • Obtaining court records according to the Public Records Act
  • Meeting with you to discuss the underlying alleged offense as well as related professional or personal factors
  • Creating a mitigation packet to submit to the board investigator

Most importantly, your attorney will evaluate the documentation and information provided and analyze it to determine if there could be criminal consequences. A skilled attorney understands the possible repercussions of violating the Board’s Practice Act.

Find a Professional License Defense Attorney Near Me

Not all attorneys have experience representing behavioral science license holders. When choosing an attorney to defend your license, selecting an attorney specializing in license defense and understanding how the board works is crucial. The attorneys at Fresno License Attorney defend behavioral scientists, including counselors and social workers, against board accusations. Our attorneys can also help you appeal license denials and represent you during the administrative hearing. We have handled many license defense cases and obtained favorable results. You can never go wrong by choosing our legal services. Contact us at 559-777-7040 to speak to one of our attorneys.