Qualifying for a professional license as a clinical social worker, professional clinical counselor, educational psychologist, or marriage and family therapist means you have spent time and money on your training and education. Additionally, it means you are dedicated to your profession. That is why it can be overwhelming to learn that your ability to practice has been called into question by an allegation of misconduct or a complaint. The Oakland License Attorney can strive to settle the allegation before the matter proceeds to an administrative hearing. However, if that is impossible, we can use our expertise and knowledge to aggressively fight for your livelihood, career, future, and finances.
The Responsibilities of Experts in Behavioral Sciences
A marriage and family therapist diagnoses and treats cognitive and behavioral health issues in the context of couples and other relationships. Some of the issues you will handle include depression due to the demise of a loved one, child discipline issues, drug or alcohol addiction, marital conflict, and domestic violence. As a relationship counselor, you strive to offer patients a different perspective, help them implement positive behavioral changes, and assist them in identifying the root cause of the issue.
As a clinical social worker, you handle the adverse impacts of poverty, abuse, and addiction. It can be challenging to identify the real issues and provide the needy with the resources they need to overcome their problems.
A professional clinical counselor offers counseling services to patients who have a substance addiction and mental health conditions. They also work with their families, veterans, and military personnel.
As an educational psychologist, you specialize in children’s problems, especially those that impact their ability to succeed in school, whether emotionally, socially, or academically. You monitor students’ progress and conduct psychological evaluations to inform strategies and therapy for struggling students. And when traumatic events happen, you offer counseling services.
The Mandate of the Board of Behavioral Sciences
California’s Board of Behavioral Sciences is tasked with examining and enforcing professional standards and licensing certain mental health experts, including the following:
- Licensed Clinical Social Worker
- Licensed Professional Clinical Counselor
- Licensed Educational Psychologist
- Licensed Marriage and Family Therapist
The board’s primary focus is protecting consumers by ensuring that regulated professionals act professionally, comply with the code of ethics, and provide safe, high-quality mental health services. As part of its mandate, the BBS responds to and investigates complaints against licensees for violating the laws governing their social work, educational psychology, counseling, and therapy practices.
Any person, including your patient, colleague, law enforcer, or insurance service provider, can file a complaint against you. The BBS enforcement unit investigates reported violations of the statutes governing mental health professions. Common allegations include the following:
- Drug abuse
- Receiving or giving payment for a patient referral
- Engaging in fraud
- Engaging in sexual misconduct with a patient
- False advertising
- Failing to supervise an assistant
- Gross negligence or professional incompetence
- Failure to maintain honest and proper patient records
- Violating your patients’ privacy
After the board receives the complaint, it will initiate the investigation process. The investigators can contact you to ask you to make a statement, attend an interview, and submit specific documents. Anything you tell the investigators could be used against you and may even lead to your arrest. While the investigators might be accommodating and friendly, remember, they are looking for evidence against you. Therefore, it is wise to consult a trained and experienced license defense attorney before speaking to or engaging with the investigators.
If the board rules that the complaint is not substantiated, it will close the file. It can also lead to lower levels of discipline, including fines and a citation. If you hire a lawyer early, they can present evidence that mitigates or refutes your allegations.
If your allegations are substantiated, the board will bring an accusation, a statement of your charges. The office of the Attorney General handles accusations. Your lawyer can negotiate a stipulated settlement with the board. If that is impossible, the case will proceed before the administrative law judge.
After receiving the notice of accusation, you should respond with a notice of defense within fifteen days. Otherwise, you risk waiving your rights, including the right to a hearing. Without the hearing, the BBS might act on your accusation and take action.
While it is not compulsory to hire an attorney when filing the notice of defense, the counsel can advise you on how to respond and strategize for your administrative hearing.
During the administrative hearing, the ALJ listens to the license holder, the board’s witnesses, and the licensee’s witnesses. The BBS should present evidence to convince the ALJ that your accusations are true. You should submit a testimony within thirty days after the initial hearing if your administrative hearing is scheduled in the improbable scenario. The ALJ will issue their proposed decision with the case findings. The BBS may implement, modify, or reject the recommended disciplinary measure.
Common disciplinary actions include the following:
- A reprimand
- Probation
- License revocation
- License suspension
Here are the factors the board considers before imposing a given disciplinary action.
- The seriousness of the alleged violation — The BBS will consider the severity of the violation and the facts of the case. You are more likely to face severe penalties if your violation resulted in harm to third parties, such as your patients or clients. The penalties will also increase if your misconduct poses a threat to the public.
- You have a history of professional disciplinary proceedings — The BBS will consider your prior disciplinary hearings when assessing the degree of disciplinary action to impose. For instance, you are more likely to face less severe penalties than a professional with a history of repeated violations.
- Rehabilitation efforts—Your rehabilitation efforts can be a mitigating factor that shows the board that you are taking your allegations seriously and taking action to remedy the violation. For example, if you were accused of misconduct involving drug or substance abuse, completing substance abuse counseling or a rehabilitation program can play a significant role in reducing the severity of your potential disciplinary action.
- The board will also consider whether the proposed disciplinary action is adequate to deter you from engaging in misconduct in the future.
How Your Professional License Defense Attorney Can Help You During the Interview and Investigation Phases
Attending the BBS’s scheduled interview is your initial opportunity to prove that the professional discipline is unwarranted in your case. When preparing for your interview, your lawyer will request a summary of the complaint against you from the board. The attorney will also obtain the scope of the BBS investigation.
Next, the lawyer will work with you to prepare you for the interview. It can include the steps below
- Consult a medical expert
- Request an expert analysis of records
- Acquire a psychological evaluation
- Request mitigation records
- Draft a mitigating evidence to submit to the investigator
- Analyze relevant and recent case laws
Your lawyer can also review the documentation and information provided and analyze whether you are facing criminal consequences. If criminal consequences can stem from the investigations, the attorney can sensitize you about your constitutional rights and how to engage in the investigations without jeopardizing your rights and freedom.
Public Reprimand
The BBS issues a public reprimand for minor violations of the Healthcare Practice Act.
The public letter or reprimand goes beyond outlining that you have received this type of professional discipline. It also provides details about the complaint against you and the section of the Business and Professional Code you violated.
Is a Public Reprimand a More Favorable Option than Other Types of Disciplinary Actions
Yes. Although your goal in the disciplinary process is for the board to issue a citation or dismiss the case, if it is going to issue discipline, the public reprimand is the best-case outcome. Here is why
Unlike other forms of disciplinary actions, a public reprimand will not lead to practice imitations. In other words, it will not affect the ability to work and make a living.
Public reprimand does not lead to other conditions. For instance, assume you are charged with driving under the influence. In this case, you can still work but under restrictions such as submitting to random alcohol and drug testing or employment supervision. On the other hand, a public reprimand will not subject you to any restrictions.
Please note that the public reprimand is public. The BBS will publish the discipline on its website; prospective employers and the public can access it whenever they conduct a background check on you. The duration these details are available to the public depends on the form of your license.
Is the Investigation against You Public?
The initial stages of your disciplinary investigations are private. The only individuals who will know of the investigation are you, the board employee assigned to it, and the complainant.
If the board finds the complaint unsubstantiated, it will never be made public. That is why you should hire a lawyer early; they can present arguments and evidence that may lead the board to close your file without disciplinary action.
The allegation will become public if the complaint is substantiated and the board sends you an accusation. Your disciplinary action is also public. Additionally, consent orders are public records.
When investigations and disciplinary actions are public, they can adversely affect your personal life and career. It holds true in the age of technological advancement and the internet, when any person can conduct a background check.
Your discipline will also be reported to the National Practitioner Data Bank. The NPDB database contains information about healthcare experts in the country, including certification actions, state and federal licensure, and medical malpractice payments. Insurance providers, government entities, and hospitals access the database. Therefore, being listed on the database could make it challenging to secure employment in the future.
The Impact of a Criminal Charge on Your Professional License
You should comply with the regulations set forth in the Business and Professions Code and the BBS. One issue that could trigger disciplinary action is a conviction for specific offenses.
The board could impose disciplinary action for a conviction of an offense related to your functions, qualifications, or duties. Please note that the rule extends beyond offenses associated with your job.
The board requires you to report any conviction or arrest, regardless of its severity. The BBS will know of your conviction or arrest due to a referral from law enforcement. Upon learning of your arrest or conviction, the BBS will investigate the matter to determine whether the violation occurred. The BBS investigators can contact you, analyze police reports, and find evidence associated with the violation.
If the investigators find evidence of violations warranting disciplinary measures, the board will refer the case to the Office of the Attorney General (AG). If the AG thinks you violated the statute, the board will serve you with an accusation.
If the AG thinks you pose an immediate threat to the public, they can request that the criminal court suspend or restrict your professional license while your criminal matter is pending. The attorney general can also ask the BBS to issue you an interim suspension order that stops your ability to practice before the conviction. Your defense lawyer should fight aggressively to protect your ability to practice and stand with you through the process.
Find a Tenacious License Defense Lawyer Near Me
A threat to your professional license is a threat to your career and livelihood. You are also taking steps to protect your name, reputation, and privacy so that the allegations do not affect your relationship with your patients and employers. You must have questions that need answers.
At Oakland License Attorney, we can answer these questions, address your concerns, guide you through the complex disciplinary process, and help you determine the best defense strategy. We can work closely with you to determine mitigating factors and aggressively represent you to obtain the most favorable case outcome. Please contact us at 510-250-4709 to schedule your initial no-obligation consultation.
