Unlike many decades ago, when many people had to deal with their troubling issues in the confines of their homes, nowadays, you can turn to an outsider or specialist for help. For instance, when dealing with child behavior issues, grief, depression, marital difficulties, substance abuse, or domestic violence issues, you can turn to a licensed counselor, educational psychologist, or therapist for counseling and guidance.

Unfortunately, due to the subjective nature of your work, you could easily find yourself in a situation that could destroy your hard-earned career as a licensed therapist or counselor. If the board has launched an investigation into your practice after receiving a complaint against you, you should immediately discuss the issue with an attorney.

At San Jose License Attorney, we understand the complexities of behavioral sciences licenses and how the Board of Behavioral Sciences (BBS) treats these cases. Our experienced and skilled attorneys have extensive skills and knowledge to help negotiate for a favorable settlement or dismissal of the case at the administrative hearing.

Even if dismissal of the case is impossible, we can help present mitigating arguments to convince the board to impose a lighter disciplinary action.

Types of Behavioral Sciences Licenses the BBS Oversees

Generally speaking, behavioral science is a broad field or specialty with several distinct practice areas, and like any other professional field, it is highly regulated. The BBS is the regulatory body in charge of granting licenses, conducting exams, and enforcing professional standards for specific mental health practitioners, including the following:

Licensed Educational Psychologists (LEP)

As a LEP, your roles revolve around issues that affect children. For example, parents will rely on you to help them identify issues that affect their children's ability to excel in school, whether socially, emotionally, or academically. Through psychological evaluations and monitoring of the student's progress in school, you can determine the ideal therapies and strategies to help him/her excel in school.

Licensed Clinical Social Workers (LCSW)

As an LCSW, you will often handle issues about the negative impacts of poverty, drug addiction, and abuse on our communities. You also have a crucial role in solving troublesome issues affecting many people in our modern society. For those with addiction issues, it is on you as an LCSW to help them point out the root cause of the issue and recommend the appropriate resources and treatment they could need to overcome the challenge.

As a clinical social worker, you should also be ready to offer counseling services wherever required in close conjunction with businesses, non-governmental organizations, healthcare providers, and government organizations.

Licensed Marriage and Family Therapists (LMFT)

One common duty played by holders of behavioral sciences licenses is family and marriage therapy. Generally speaking, your home should be a peaceful environment that helps you relax and enjoy your time away from the ups and downs of this world. Unfortunately, some homes are full of conflicts and turmoil. Common problems in most homes include the following:

  • Marital conflict
  • Divorce
  • Drug and alcohol addiction
  • Child discipline issues
  • Depression after the demise of a loved one

As a relationship and marriage counselor, you should strive to give your clients a fresh outlook on their issues. You should also help them identify their issues' root causes and implement a positive behavioral change. However, it could be highly challenging to control their actions and attitudes after therapy. That is why it is easy for clients to blame you, the therapist, when their family or relationship issues go south.

Licensed Professional Clinical Counselors (LPCC)

Clinical counseling is another booming profession or specialty in the diverse behavioral sciences industry. With the increased number of people battling drug addiction and mental health issues, your work as a clinic counselor is even more in demand now than ever.

While your duties as an LPCC are to provide families, veterans, individual patients, military personnel, and other public members with counseling services and therapy, it is not uncommon to face complaints or issues that put your career at risk.

If you are one of these experts or any other professional in the behavioral sciences field, your practice license means everything. Once you obtain your license, the last issue you would want to deal with is anything that could make you lose the license. Unfortunately, these issues can come up, mainly due to the subjective nature of your services.

When that happens, it is up to you to convince the BBS you are competent and deserve to keep your practice license. That is where the services of an attorney become crucial because possible disciplinary actions the board could impose on your license can be life-changing. A skilled attorney can help you challenge the allegations you are up against to protect your career and future.

The BBS Disciplinary Process

The BBS exists to screen applicants seeking a practice license to ensure they are well-qualified and to oversee already licensed professionals in the behavioral sciences field in the public's best interests. While the BBS has the general public's best interests at heart, it does not necessarily mean it is against you, the license holder.

The primary aim of the BBS is to maintain the necessary standards of ethics, competence, and professionalism needed in this sensitive industry. When the BBS receives a complaint against you from a former client, a current client, law enforcement agencies, an insurance company, a colleague, or any other person, it will investigate the matter.

At this phase, the board's investigators could contact you and request that you submit paperwork, make a statement, or meet for an interview. Like any other legal issue, seeking an attorney's guidance is vital before you speak or hand over any papers to the board's investigators. This investigation aims to determine whether the allegations you are up against are merited or substantiated.

In many cases, the BBS will dismiss allegations against licensees as unsubstantiated or issue a lighter disciplinary action, such as:

  • A citation
  • A fine

The sooner a skilled attorney intervenes, the higher the chances of securing a favorable outcome if the BBS has launched an investigation against you and your practice. However, if the allegations you are up against are substantiated, the board will file a formal accusation against you with the District Attorney’s (D.A.) office.

While receiving a formal accusation can be confusing and stressful, an aggressive attorney can help you negotiate a stipulated settlement. However, if settlement is not an option in your case, you must appear before an administrative hearing judge (ALJ) to prove your side of the story for the best possible outcome.

The ALJ will listen to the board investigator's allegations against you and your attorney's defense argument to determine whether disciplinary action is necessary in your case. While the board's investigator's arguments and your attorney's arguments will come into play when deciding whether to impose disciplinary action, other crucial factors the ALJ will consider include facts listed below:

  • Your criminal record
  • Whether you have a disciplinary action record
  • The seriousness of your violation
  • Whether you are remorseful for your misconduct or violation

Although it is possible to represent yourself during the administrative hearing before an ALJ, having a skilled attorney is vital to securing a desirable outcome. Aside from losing your license, some allegations could also attract criminal penalties.

An experienced attorney understands this and will aggressively represent you through every stage of the process to secure a case dismissal or a favorable outcome.

Common Complaints You Could Face as a Holder of a Behavioral Science License

Several allegations or complaints could cause the BBS to begin an investigation against you and your practice, leading to the loss of your practice license or other disciplinary actions. That is true regardless of the years you have had your license as a behavioral science expert. Examples of these complaints include (but are not limited to) the following:

  • Sexual misconduct or abuse
  • A conviction for a criminal offense, like driving under the influence (DUI) and fraud
  • Negligence or incompetence
  • Engaging in non-consensual sexual contact with your client
  • Chemical dependency
  • Unprofessional conduct
  • Failure to keep your patients' records
  • Hiring an unqualified assistant to practice under you
  • Recklessly or intentionally causing emotional or physical harm to a patient
  • Improper supervision
  • Drug or alcohol abuse while on duty
  • Failure to keep patients' records confidential

Potential Disciplinary Actions You Could Receive at the End of the BBS Administrative Hearing

Unfortunately, the ALJ will impose disciplinary actions against you when you lose the administrative hearing. The ALJ must follow the BBS disciplinary guidelines when determining appropriate and fair discipline or penalty for your misconduct issue or violation. If the board believes your violation deserves harsher or lighter penalties, it can adjust the ALJ’s decision to suit your case.

Nonetheless, some of the possible disciplinary actions or penalties you should anticipate at the end of the administrative hearing include the following:

License Suspension

When the ALJ suspends your license, you must cease offering your services for a specific period. However, your attorney could assist you in challenging this decision to avoid the suspension or shorten the suspension duration.

License Revocation

One of the harshest penalties you could face at the end of the BBS administrative hearing is license revocation, which means you will lose your license for an indefinite period. However, a reliable attorney could help convince the board to reinstate your revoked practice license after a certain period.

License Probation

If the board grants probation, your practice license revocation or suspension will remain on hold, meaning you can continue offering your services to earn income.

A Public Reprimand

While it is not as serious as license revocation, a public reprimand will appear on the BBS website, meaning a potential client will know about your misconduct or violation, affecting your ability to secure business deals.

A Formal Citation and a Fine

While a fine and a citation are not among the disciplinary actions covered by the BBS disciplinary guidelines, it is a possible penalty you should expect at the end of the administrative hearing. The ALJ is more likely to impose this penalty if your violation is non-serious or no patient sustained an injury.

Depending on the facts of your case and your attorney's mitigating arguments, you could receive a minimum or maximum penalty when the board's investigators (prosecution team) win their case against you.

If your violation involves general unprofessional behavior, the minimum penalty you could receive can be a sixty-day license suspension and parole or probation. However, if your violation involves sexual misconduct or abuse, the minimum penalty to expect can be a 120-day license suspension and parole for not more than seven years.

On top of these penalties, the board could require you to enroll in a drug treatment program and take psychological and licensure exams. On the other hand, the maximum disciplinary action or penalty you should expect when you lose your case against the BBS is practice license revocation.

If your violation or misconduct issue involves substance abuse, drug addiction, or dependency, the board could also require you to enroll in a rehabilitation program. When it is impossible to have your case dismissed, a skilled and aggressive attorney will strive to convince the ALJ to award you license probation.

However, when granted, you should be ready to abide by the following probationary terms and conditions:

  • Agree to file quarterly reports
  • Reimburse the board's cost of investigation and monitoring during the probation
  • Agree to routine interviews with a board-appointed probation officer
  • Agree to notify your current and prospective clients about your probation status
  • Stay crime-free during the entire probation duration

How long your probation will last will depend on your case's nature and facts. However, a skilled attorney could help convince the board to shorten your probation duration.

Find a San Jose License Defense Attorney Near ME

In many cases, a reliable attorney will strive to secure a dismissal of the case you are up against. However, if that is impossible due to the nature of your case, a reliable attorney will not give up on you. Instead, he/she can strive to help you negotiate for a lighter disciplinary action, like license probation, allowing you to keep your practice license and continue offering your services to your clients.

If you are facing complaints that could negatively affect your career as a therapist, counselor, or other behavioral sciences professional, our credible attorneys at San Jose License Attorney can help. Call us at 408-850-3740 and let our credible attorneys handle the allegations you are up against for the best possible results.