You must undergo a demanding and expensive training process to obtain a license in the field of behavioral sciences in California. Your profession could be at risk when you receive notice that the Board of Behavioral Sciences is investigating you for the complaints filed against you. Everything you worked hard for could be at risk.

When this happens, you should hire an attorney with deep experience defending clients with behavioral sciences licenses against all allegations. At the San Bernardino License Attorney, we have experienced attorneys who understand how the system works, including how to win career-threatening cases. Our seasoned attorneys have the knowledge and skills to negotiate your case's best outcome. We will do everything possible to ensure that you retain your license. If professional discipline is inevitable, we will negotiate with the judge for the most lenient penalty possible. 

Various Roles Of Behavioral Sciences Professionals

Behavioral sciences is a broad specialty that specializes in various specific practice areas. The California Board of Behavioral Sciences is responsible for issuing licenses to eligible individuals in specific practice areas. One common role played by professionals holding a behavioral sciences license is marriage and family therapy. Generally, a home should be a peaceful environment free from conflicts. Sadly, most homes are full of turmoil. Some common issues in homes include:

  • Alcohol and drug addiction.
  • Divorce.
  • Marital conflict.
  • Depression over the recent passing of a spouse.
  • Child discipline problems.

You must strive to give your patients a new outlook as a relationship counselor. You should assist them in identifying the root cause of their problems and helping them implement positive behavioral change. However, you cannot control the actions and attitudes of your patients. Your current or former client, or your client's relative, could easily blame you when something goes wrong.

Clinical social workers also fall under the behavioral sciences sector career category. If you are a professional in this career, you will deal with addiction, the ill effects of poverty, and abuse daily. You have a duty to solve troublesome issues in modern society. You also should identify the root causes of addiction and help people access the resources they require to overcome these challenges. Clinical social workers offer counseling wherever needed in close cooperation with the following:

  • Non-profit organizations.
  • Businesses.
  • Government and healthcare organizations.

Educational psychologists also fall under the behavioral sciences. They specialize in issues affecting children. They tackle anything affecting the ability of children to succeed in school, whether emotionally, socially, or academically. An educational psychologist is involved in monitoring the progress of the student. They are responsible for carrying out comprehensive psychological evaluations. The evaluations and monitoring form the basis of therapies and strategies for struggling students.

Expert counseling services come in handy on a group-wide basis when traumatic events like the death of a student or a school-wide shooting incident happen. However, educational psychologists focus on special education on a routine basis. They identify the strengths and weaknesses of students to assist them in achieving. Unfortunately, it is common for complaints to be filed against you when parents, teachers, or other caregivers are not content with your conclusions or actions. At this point, your professional license could be at risk.

Professional clinical counselors also fall within the behavioral sciences profession. It is a new and fast-growing profession in California's behavioral sciences field. Clinical counselors are in high demand because of the growing number of adults suffering from mental illness and substance addiction every year. This profession provides individual patients, families, military personnel, veterans, and others with essential counseling services. However, facing challenges that threaten to cut off your livelihood is common.

You should seek expert legal defense if you hold a behavioral sciences license and have complaints against you. You should seek the services of an attorney who thoroughly understands the laws and regulations governing the administrative process. Your attorney should also understand the inner dynamics of how complaints are filed.

Unsatisfied former patients could file false or unreasonable allegations against you. You could also make a mistake, even if you are a good behavioral sciences worker. In this situation, you should hire a skilled attorney to fight for your license and future.

In summary, the Board of Behavioral Sciences regulates the following professionals:

  • Licensed educational psychologists.
  • Licensed clinical social workers.
  • Associated clinical social workers.
  • Licenses for professional clinical counselors.
  • Marriage and family therapist interns.
  • Licensed marriage and family therapists.
  • Continuing education providers.

Licensees and their affiliated corporate entities make significant investments in each license controlled by the Board.  The prospect of license denial, having your license or practice investigated, or losing a license is a severe legal issue. It threatens and jeopardizes what you have worked so hard for.

If the Board of Behavioral Sciences has denied you a license through a Statement of Issues, is undergoing an investigation, or has received a formal accusation threatening to suspend, discipline, or revoke your license, you should consult a licensing attorney.

The Board’s Disciplinary Guidelines

The Board of Behavioral Sciences exists to monitor those already holding a behavioral sciences license and screen candidates for a license. The board has the public's interest at heart but not the licensee's. However, this does not mean the board is against the license holders. Its interest is maintaining the required standards of professionalism, competence, and ethics within the industry.

If the board plans to investigate your license, a board investigator will call you to schedule an interview to explain the issues against you. You must contact an expert attorney before attending this interview to ensure you have proper legal representation. Any information you reveal to the board investigator can be used against you. 

The board can recommend a set of official disciplinary guidelines in the interest of fulfilling its mandate to the public. The Administrative Law Judge (ALJ) uses established disciplinary guidelines during the administrative hearing if your lawsuit reaches that stage. The disciplinary guidebook consists of the following components.

  • ‘’Model Disciplinary Orders’’, which is a section that deals with optional and mandatory probation conditions.
  • Recommended punishment for specific offenses, including maximum and minimum disciplinary actions.
  • Standards for use in cases involving drug abuse.
  • Additional guidelines and policies of the board that are designed to ensure that the imposed punishment is related to the crime committed.

The following are the most common complaints filed against those holding a behavioral sciences license:

  • Hiring an assistant without a license to work under you.
  • Recklessly or purposefully causing emotional and physical harm to a client.
  • If you are already serving a punishment from another state or federal agency.
  • Failing to adhere to Telehealth regulations section 2290.5.
  • Alcohol or drug abuse, sometimes taking place while on the job and involving unlawful narcotics.
  • Preventing patients from having easy access to their mental health records.
  • Sexual misconduct involving a client or previous client — if you retain your license, consent is not a valid excuse.
  • Failing to keep proper and honest patient records.
  • Sexual acts with a minor — this crime could also be charged separately in a criminal case.
  • Giving out or receiving kickbacks for making referrals.
  • If mental illness, physical illness, or chemical dependency is compromising your ability to perform your duties safely.
  • False advertisement.
  • Failing to reveal fees in advance of service.
  • Failing to provide clients with the Sexual Misconduct Brochure.
  • Failing to observe the required confidentiality.
  • Failing to supervise your assistants properly.
  • Fraud, whether securing your license by fraud or presenting yourself as an expert on issues outside your area of expertise.
  • Having a criminal conviction, which is substantially related to your ability to perform your therapeutic role.
  • All sorts of unprofessional behaviors.
  • Professional incompetence or gross negligence.

Your behavioral sciences license could be at risk if you face the above allegations. Only a skilled attorney understands the specific rules of evidence and agency-specific processes that would determine the results of the investigation or hearing.

Possible Punishment And Probation Rules

The recommended disciplinary guidelines of the Board of Behavioral Sciences allow a skilled attorney to fight for a dismissal of your case. They also give room to negotiate for a less severe form of disciplinary action. Some of the disciplinary actions you could face include:

License Revocation

License revocation is the harshest form of professional discipline that the board could impose when you commit a violation. However, a reputable attorney could help you have your revoked license reinstated within a short period.

License Suspension

A license suspension will force you to cease your practice until your case is resolved. You could receive an interim suspension that prevents you from practicing during the investigation. Your attorney could also challenge this and have the decision reversed. When a suspension is unavoidable, your attorney could negotiate a shorter suspension period or one that ends once you meet specific conditions.

License Probation

Your license suspension or revocation will be ‘’stayed’’ if probation is granted. In this case, you will continue your practice, but only if you agree to and adhere to the specific conditions set by the board.

A Citation And Fine

The board’s official disciplinary guidelines do not cover citation and fine penalties. A citation and fine are applicable for lesser crimes that do not cause actual harm to the public or patients.

A Public Reprimand

The public could access your public reprimand details because they will appear on the board’s website. This could affect your ability to secure employment positions or gain future clients. The reprimand could be specific to your career or violate the Business & Professions Code.

You could face a minimum discipline instead of a maximum if you present mitigating evidence. If you are guilty of general unprofessional conduct, the minimum punishment could be a 60-day suspension and probation that does not exceed three years. If you are guilty of sexual misconduct, the minimum punishment could be a 120-day suspension and probation that does not exceed seven years. You could face these penalties in addition to passing licensure and psychological exams. The maximum penalty for most crimes is usually a license revocation.

The board can also order you to participate in a state-approved rehab program and support or recovery group if your problem is chemical dependency. You could also be subject to random drug testing. If the board establishes that you have a mental illness, it can order you to undergo random psychological evaluations as a condition for retaining your professional license. 

However, in every case, the administrative law judge (ALJ) presiding over your hearing has the discretion to adjust the punishment and the conditions of probation depending on the facts of your case. The judge will explain any deviations from the standard punishment to the board. A judge must seek the board's approval when administering a ruling. However, a skilled and experienced attorney can accomplish much through negotiation and the tabling of evidence during the hearing.

You must abide by some probationary terms if the board grants you a stay of suspension and probation. The following could be some of the probation conditions:

  • Reimbursing the board for the expenses of probation monitoring.
  • Giving notification to prospective clients or employers regarding your probationary status.
  • Showing up for regular interviews with the board.
  • Filing quarterly reports.
  • Avoiding additional criminal charges during probation.

On the other hand, you could negotiate the following conditions, depending on the nature of the crime you committed:

  • Taking a law and ethics course.
  • Billing system monitoring.
  • Supervision of practice sessions.
  • Drug testing.
  • Psychological exams.

In most situations, a good license attorney would first fight for the dismissal of your case. If a dismissal is not possible, your lawyer can bargain for a lesser disciplinary action, which allows you to retain your license and continue your practice. An experienced attorney can expose misleading or false evidence presented against you. Your attorney will also evaluate the witnesses and develop a strong defense to fight the complaints.

Find an Experienced License Defense Attorney Near Me

When you obtained your behavioral sciences license, you were pursuing your passion. We desire to keep you doing what you love in your profession and life. The San Bernardino License Attorney will help you defend yourself and your license if the Board ever challenges it. Call us at 909-966-4095 to speak to one of our attorneys.