It will cost you financial resources, years of education, and dedication to become a psychologist, counselor, or social worker. The Board of Behavioral Sciences (BBS) regulates, licenses, and enforces professional standards for mental health professionals. You must secure your license from the BBS to practice legally in California if you are a clinical or educational counselor, clinical social worker, or marriage and family therapist. Sadly, someone can report you to the board for a violation, which can significantly affect your hard work and dedication to your profession.
The BBS can impose several forms of punishment on you following an inquiry. Some of the penalties you can face include license revocation, suspension, or public censure if the board finds out that you are liable for the said violation. If you or a loved one is under board investigation, you should consult a reputable license attorney. Riverside License Attorney has an unmatched legal team that can help navigate your case for a favorable outcome.
Behavioral Sciences Professionals And Their Roles
The behavioral sciences field constitutes professionals who study how people feel, think, and behave both individually and in groups. Their work draws from fields such as behavioral economics, anthropology, sociology, and psychology. These experts focus on understanding human behavior to help them solve real-world issues like:
- Shaping public policies
- Enhancing workplace productivity
- Influencing positive social change, and
- Improving mental health
The following are the different types of behavioral science experts and their duties:
Human Behavior Specialists (HR And Organizational Experts)
Human behavior specialists are professionals who apply behavioral science in the workplace. Their duties are as follows:
- Enhance leadership and organizational culture
- Solve conflicts in the workplace
- Design development and training programs
- Improve worker performance and motivation
Counselors And Therapists
Counselors and therapists use behavioral science principles to help people improve their emotional and mental well-being. They play the following roles:
- Promote mental health awareness
- Create intervention and treatment plans
- Help patients cope with trauma, addiction, and stress
- Offer guidance for family, personal, or career problems
Behavioral Economists
Behavioral economists are professionals who study how psychological factors impact economic decisions. Their duties include:
- Carrying out experiments on choices and incentives
- Work with governments and businesses to improve outcomes
- Enact policies to encourage positive behaviors like healthy living and saving money
- Analyze consumer behavior and decision-making
Anthropologists
Anthropologists are professionals who explore human evolution, traditions, and culture. They play the following roles:
- Help organizations understand cultural diversity
- Carry out field research in different societies
- Work in community development and cultural preservation
- Study cultural beliefs and practices
Sociologists
Sociologists are professionals who examine social relationships and institutions. These professionals engage in the following activities:
- Carry out surveys and research to understand the behavior of society
- Advise organizations and governments on social policies
- Analyze problems like inequality, crime, and poverty
- They study cultures, group dynamics, and trends
Psychologists
Psychologists are professionals who focus on behavior and mental processes. They provide the following services:
- Assist patients in managing trauma, stress, and emotional challenges
- Research behavior and cognition
- Provide counseling and therapy
- Diagnose and assess mental health conditions
The Board Of Behavioral Sciences And Its Duties
The Board of Behavioral Sciences (BBS) is a government regulatory body charged with overseeing the practice of behavioral science professionals. It works under the Department of Consumer Affairs. The main duty of this board is to protect people by ensuring that practitioners meet established standards of professionalism, ethics, and competence.
The BBS was established to regulate professionals who offer social and mental services, such as clinical social workers, marriage and family therapists, and professional clinical counselors. It does this to protect people’s well-being by licensing eligible professionals. The board also holds these professionals accountable to legal and ethical standards. It does this to maintain trust in behavioral health services and ensure patients receive effective, safe care. Other indispensable duties include:
Continuing Education And Oversight
The BBS requires licensees to complete continuing education courses and monitors compliance to ensure ongoing professional development.
Consumer Protection And Education
The BBS provides information to the people about licensed professionals, including how to verify licenses and file complaints. It also educates the public about their rights when receiving behavioral health services.
Examinations
The BBS oversees and administers licensing exams to evaluate applicants’ competence before they are permitted to practice independently.
Setting Standards And Regulations
The BBS establishes guidelines and rules governing continuing education requirements, scope of practice, and professional conduct. It does this to ensure professionals maintain up-to-date knowledge and skills.
Enforcement And Discipline
The board often investigates allegations against professionals, including allegations of unethical behavior, negligence, and misconduct. It often imposes disciplinary measures on professionals who are guilty of any violation. Some of the penalties the board can impose include license revocation, suspension, and fines.
Licensing And Registration
The board will evaluate your qualifications and issue you a license if you meet educational, examination, and supervised experience requirements. It also registers associates and interns working toward full licensure.
Complaints Reviewed By The Board Of Behavioral Sciences (BBS)
The BBS will review the complaints to determine whether a professional poses a risk to patients or the public, or has violated ethical standards and laws. Some of the complaints reviewed include:
- Rights, abuse, or discrimination violations. Patients can complain of psychological or emotional harm, violations of patients’ rights, and discrimination or harassment.
- Financial and fraud misconduct involving the misuse of patients’ funds, charging for services not provided, and billing fraud or insurance fraud.
- Practicing outside the scope of competence involves using methods or treatments outside your expertise. A patient can also accuse you of offering services you are not trained or licensed to provide.
- Criminal conduct that involves arrests or convictions related to DUI, domestic violence, and fraud. Offenses related to your professional roles will also be reviewed. Criminal conduct can attract a license revocation or suspension.
- Substance abuse affecting your practice will also be reviewed. This can involve ongoing addiction that affects safety or judgment, and practicing while intoxicated. This is often deemed a major risk to patients.
- Negligence or professional incompetence occurs when you fail to meet accepted standards of care, make serious clinical mistakes, or offer poor-quality or ineffective treatment.
- Sexual misconduct that includes sexual relationships with patients, exploiting the therapist-client relationship, and inappropriate touching or sexual comments. Consensual relationships are also disallowed because of a power imbalance.
- Unprofessional conduct that includes failure to observe professional boundaries, dishonesty or misrepresentation, breach of confidentiality, and inappropriate behavior toward patients. Any person who feels you engaged in unprofessional conduct can report you to the board.
The board expects the following to help it review a complaint effectively:
- Witness information
- Locations, dates, and details of events
- Supporting evidence, including receipts, emails, and documents
- A clear written description of the case
The board will investigate allegations with firsthand and verifiable information.
The Procedure Of Filing Allegations
Your case will go through the following stages before the board imposes a disciplinary action on you:
Complaint Filing
Your disciplinary case will start once a complaint is reported to the board. A patient, your employer, co-worker, the patient’s family, or the relevant law enforcement department can file an allegation. Accusations can be submitted to the board via calls, emails, or the board reporting website. Fortunately, not all allegations filed can be substantiated. The board will review the claims to establish their basis and determine if they fall within its jurisdiction.
Your case will be transferred to the relevant entities if it falls outside the board’s jurisdiction. According to the law, the initial review of your case must be completed within 10 days before the board proceeds with further investigations.
Investigations
An investigator will be assigned to handle the complaint once the board establishes that it falls within its jurisdiction. Investigations will involve the following:
- Checking through your license history and criminal record
- Securing documents relevant to the underlying allegations, and
- Interrogating witnesses, including your accuser
Sometimes, the investigator can decide to reach out to you for a statement or order you to present relevant paperwork. He/she can also seek the input of professionals. For example, the investigator can collaborate with the criminal court to analyze your case if your case is based on a criminal conviction.
Establishing Probable Cause
The investigator will present findings to the board’s review unit after completing the investigations. This will help the board determine whether your case will proceed to a formal hearing or result in a citation. Your case can be dropped if insufficient evidence warrants a formal hearing. The board can also issue a citation against you as an alternative. At this point, a citation serves as a warning. A citation will remain on your record for a period that does not exceed five years, even if it does not count as a punishment.
If the BBS discovers a level of liability for the underlying case, a fine will accompany a citation. A formal case will be filed if the investigator presents sufficient evidence to support it.
Administrative Hearing
A professional has a right under the law to be notified when a formal allegation is filed against them. The BBS’s notice will include the complaints reported to them and a statement notifying you of the requirement to respond within a period not exceeding 15 days. You can notify the board of your intention to challenge the accusations in your response. The board will then set a date for an administrative hearing, during which you will be allowed to defend yourself. It is good to secure the services of a competent license attorney immediately when you receive a notice from the board.
A licensed attorney can help you gather necessary evidence and develop a strong defense against your case. A pre-hearing phase will be allowed, during which your attorney and the board will discover the evidence they intend to present. You have a right under Penal Code 11507.6 to secure the address of all witnesses the board seeks to bring during the hearing and inspect the evidence gathered against you.
The discovery stage of your case will end within 30 days. This will allow your attorney to develop a defense around it and pursue a favorable outcome. The board can propose that you enter into a stipulated settlement before holding a hearing. This will give you a chance to admit liability for the misconduct and face the right punishment. You will waive your right to a hearing with this agreement.
It is not often in a professional’s best interest to enter an administrative hearing. It is important to deliberate your options with your license attorney. Your case will be presided over by the administrative judge if you do not agree to a stipulated settlement.
According to Penal Code 11512, the board will decide if the administrative law judge will preside over your case alone or with the board’s disciplinary committee. Your attorney and the board will present their evidence during the administrative hearing. This will include cross-examining the witnesses. The judge will rule on the proposed course of action after assessing the evidence presented. This will occur within 30 days of the hearing, as recommended under Penal Code 11517(c).
Final Determination
The judge’s determination in your case is not final. The board will have a period that does not exceed 100 days to review the judge’s ruling according to Penal Code 11517(c)(2). It will then modify, reject, or accept it. The board can also choose to hold another hearing for your case. It will make its final determination on the punishment you stand to face. The law allows you to appeal the board’s ruling within a period that does not exceed 30 days. This will allow you to have your case reconsidered.
Find a Skilled Professinal License Defense Attorney Near Me
Considering the money, time, and commitment required to obtain a behavioral sciences license, you should never allow a violation or criminal conviction to cost you your license. With the help of a reliable license defense attorney, you can pursue a favorable outcome for your case.
At the Riverside License Attorney, we have helped many professionals, including behavioral scientists, whose licenses were at risk. Our attorneys will pursue the best outcome for your case, no matter how intricate the allegations against you. For guidance and legal representation, contact us today at 951-410-8612 to speak to one of our attorneys.
