THE CALIFORNIA BOARD OF BEHAVIORAL SCIENCES DISCIPLINES: LICENSED MARRIAGE AND FAMILY THERAPISTS (LMFT); LICENSED CLINICAL SOCIAL WORKERS (LCSW); LICENSED PROFESSIONAL CLINICAL COUNSELORS (LPCC); AND LICENSED EDUCATIONAL PSYCHOLOGISTS (LEP).
The California Board of Behavioral Sciences files accusations against Licensed Marriage and Family Therapists (LMFT), Associate Marriage and Family Therapists (AMFT), Licensed Clinical Social Workers (LCSW), Associate Social Workers (ASW), Licensed Professional Clinical Counselors (LPCC), Associate Professional Clinical Counselors (APCC), and Licensed Educational Psychologists (LEP). As accusations against these professionals may be complex, you may desire to have an attorney parse over the accusation and defend you. If so, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE UNDER THE CALIFORNIA BOARD OF BEHAVIORAL SCIENCES
Behavioral science professionals can face board discipline based upon a wide variety of conduct. The California Board of Behavioral Sciences has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Common causes of discipline include:
- Negligence or Incompetence: Failing to interact with patients using the proper standard of care will result in an accusation of negligence. Discipline may result after repeated acts of negligence or a serious act of incompetence.
- Causing Harm to a Client: Although "causing harm to a client" often is the result of negligence, or incompetence, the Board seems to take a strong position on negligence, or incompetence, when a client was directly or seriously harmed. For Example: failing to create a crisis plan for a vulnerable client when necessary.
- Driving Under the Influence: Driving under the influence of alcohol, or other substances that impair driving, may result in discipline.
- Committing Serious Crimes: There are certain crimes in which the Board takes a much more negative position. For example, the Board tends to take a very grim view of crimes involving assault, child endangerment, or fraud and dishonesty.
- Failure to Report Criminal or Disciplinary Actions: Behavioral science professionals who fail to report criminal actions, or disciplinary actions in other jurisdictions or by other regulatory bodies, may face discipline.
- Failure to Cooperate with Board Investigations: Failing to cooperate with a California Board of Behavioral Sciences' investigation may aggravate the Board and lead to additional disciplinary charges.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE CALIFORNIA BOARD OF BEHAVIORAL SCIENCES?
If you are being investigated by the California Board of Behavioral Sciences you will likely be contacted by them or one of their agents. An instinctive reaction to being investigated is to become dismissive or unresponsive to the Board. However, this would be a mistake as the Board is deliberate, diligent, and thorough in their actions. Rather than be passive during the investigation you may want an attorney by your side.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they may add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE BEHAVIORAL SCIENCE PROFESSIONALS DISCIPLINED UNDER?
If the California Board of Behavioral Sciences determines that you have violated the law, you will be served with an accusation at a later date. Depending on what type of behavioral sciences professional you are, and what your are accused of, will determine the law you are accused of violating. There are a wide variety of laws as well as professionals who are regulated by the Behavioral Sciences Board. Therefore, there are many different possibilities for discipline. For example: an accusation against a Licensed Educational Psychologists (LEP) will most likely refer to California Business and Professions Code §4989.54, whereas an accusation against a Licensed Marriage Family Therapist (LMFT) will likely refer to California Business and Professions Code §4982. By contrast, accussaionts against Licensed Professional Clinical Counselors (LPCC) will likely refer to California Business and Professions Code §4999.90
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn:You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of the investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the California Board of Behavioral Sciences can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the California Board of Behavioral Sciences within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a Notice of Defense, you may still be able to have a hearing. The California Board of Behavioral Sciences may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your Notice of Defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The California Board of Behavioral Sciences will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §1686 allows you to petition the California Board of Behavioral Sciences for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the California Board of Behavioral Sciences under Government Code §1686 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.