The California Board of Behavioral Sciences licenses clinical social workers, marriage and family therapists, educational psychologists, and professional clinical counselors. Your California clinical counselor practice offers you substantial professional income, security, and standing. Value your California professional clinical counselor's license. Do not lose your license to the Board of Behavioral Sciences disciplinary charges. Call 888.535.3686 or complete this contact form now to retain the Lento Law Firm's premier Professional License Defense Team. We are available in Los Angeles, San Diego, San Jose, San Francisco, Oakland, Sacramento, Fresno, Long Beach, Bakersfield, Anaheim, Stockton, Irvine, Riverside, Santa Ana, Chula Vista, Fremont, Santa Clarita, San Bernardino, Modesto, Fontana, and all other California locations.
California Board of Behavioral Sciences Authority
Chapters 13 through 16 of the California Business & Professions Code regulate the practice of clinical social workers, marriage and family therapists, educational psychologists, and professional clinical counselors through the California Board of Behavioral Sciences. Chapter 13.7 establishes the Board of Behavioral Sciences, giving it express authority to both license these clinical professionals and to discipline their licenses. These sections within Chapters 13 through 16 expressly require these clinical professions to obtain a Board of Behavioral Sciences license for any practice within the state, which the statutes otherwise prohibit:
- California Business & Professions Code Section 4980 requires a license for marriage and family therapy practice;
- California Business & Professions Code Section 4989.20 requires a license for educational psychology practice;
- California Business & Professions Code Section 4991.1 requires a license for social work practice; and
- California Business & Professions Code Section 4999.30 requires a license for professional clinical counselor practice.
You must not continue your professional practice in California if you lose your California Board of Behavioral Sciences license. Multiple sections of California Business & Professions Code Chapters 13-16 authorize court injunctions and civil and criminal penalties for unlicensed practice. Let us help you defend the Board's disciplinary charges so that you can preserve your license and continue your valuable clinical practice.
California Board Licensure Requirements
California Business & Professions Code Chapters 13-16 set forth the requirements to obtain your clinical social work, marriage and family therapy, educational psychology, or professional clinical counselor license. For instance, California Business & Professions Code Section 4999.33 states the detailed course, curriculum, and other graduate education requirements for a professional clinical counselor license. Other sections state the NCMHCE clinical exam requirement, criminal background check requirement, and other requirements for the professional clinical counselor license. You know the considerable time, expense, and effort you put into qualifying for your clinical social work, marriage and family therapy, educational psychology, or professional clinical counselor license under California Business & Professions Code Chapters 13-16. Do not lose your license to the Board of Behavioral Sciences disciplinary charges. Let us help you defend and defeat those charges.
California Consumer Complaints
California Business & Professions Code Chapters 13-16 authorize and require the Board of Behavioral Sciences to discipline the licenses of clinical social workers, marriage and family therapists, educational psychologists, and professional clinical counselors who violate the state's laws and the Board's rules and standards. The next section details the disciplinary authority the Board of Behavioral Science has for each of its four regulated professions. The Board of Behavioral Sciences carries out its disciplinary duties by maintaining an online portal for consumer complaints against clinical social workers, marriage and family therapists, educational psychologists, and professional clinical counselors. The Board of Behavioral Sciences publishes its disciplinary action reports and decisions online for public consideration. If you suffer from Board of Behavioral Sciences discipline, you won't be able to keep that discipline confidential. Let us help you defend the Board's disciplinary charges.
Responding to California Consumer Complaints
Your clients and professional colleagues are the most likely sources of complaints against your California Board of Behavioral Sciences clinical license. Retain us promptly if you learn that a client or colleague has a serious concern about your conduct and is considering complaining to the Board of Behavioral Sciences. We may be able to present your explanation and evidence to the concerned client or colleague in a diplomatic and sensitive manner, convincing the client or colleague of your innocence in any rule or standard violation. We may, in other words, be able to appropriately head off a Board of Behavioral Sciences investigation, saving you significant concern, cost, and embarrassment. Do not threaten, unduly influence, or coerce a client or colleague from making a disciplinary complaint. Let us handle the communications to avoid any inference that you may be concealing misconduct or obstructing disciplinary investigation.
California Board Disciplinary Grounds
California Business & Professions Code Chapters 13-16 state separate grounds on which the Board of Behavioral Sciences may discipline licensees in its four regulated professions. Consider this summary of those disciplinary grounds for each of the four professions. We can represent and defend you before the Board of Behavioral Sciences on any of these disciplinary charges.
California Board Marriage and Family Therapist Discipline
California Business & Professions Code Section 4982 authorizes the Board of Behavioral Science discipline of marriage and family therapists on any of the following grounds:
- conviction of a crime related to professional practice;
- securing a license through credential fraud;
- abuse of controlled substances or alcohol;
- gross negligence or incompetence in practice;
- violating the Board's rules for professional practice;
- misrepresenting the license or license status to anyone;
- impersonating another licensee;
- letting another person impersonate you;
- aiding or abetting unlicensed practice;
- intentionally or recklessly causing patient emotional or physical harm;
- engaging in patient sexual relations;
- breaches of patient confidentiality;
- concealing fees for services until after the services;
- paying referral fees;
- false, deceptive, or misleading advertising of services;
- failing to report child or elder abuse as mandated; and
- failing to keep accurate records.
California Board Clinical Educational Psychologist Discipline
California Business & Professions Code Section 4989.54 authorizes the Board of Behavioral Science discipline of licensed educational psychologists on nearly all of the above-listed grounds and the following additional grounds:
- failing to obtain informed consent for services;
- committing dishonest, corrupt, or fraudulent acts relating to services;
- denial or discipline of an equivalent license in another state;
- practicing beyond the license's scope; and
- employing subordinates to perform unlicensed acts.
California Board Social Worker Discipline
California Business & Professions Code Section 4992.3 authorizes the Board of Behavioral Science discipline of clinical social workers on nearly all of the above-listed grounds and the following additional grounds:
- acts or omissions falling below the customary standard of care; and
- publicly disclosing the contents of any psychological test.
California Board Professional Clinical Counselor Discipline
California Business & Professions Code Section 4989.54 authorizes the Board of Behavioral Science discipline of professional clinical counselors on nearly all of the above-listed grounds with no additional grounds.
California Board Investigations
Multiple sections of the California Business & Professions Code authorize the California Board of Behavioral Sciences to investigate the alleged misconduct of its licensees. Board of Behavioral Science officials will review consumer complaints to determine initially whether they credibly allege potential misconduct. If so, then officials will assign one or more investigators to gather and assess incriminating and exonerating evidence to make a recommendation on whether to proceed with formal charges or to dismiss the complaint for lack of merit. California Business & Professions Code Section 125.3 requires a licensee found to have committed misconduct to pay the costs of the investigation.
Responding to California Board Investigation
If you learn of a Board of Behavioral Sciences investigation, immediately retain us so that we can help you respond appropriately. Board investigators tend to interview the complainant, gather other witness statements, and gather all available material documentation related to the complaint before contacting the accused clinical counselor. The investigator asking you for information, interview, and documentation may well know more about your disciplinary matter than you know. The investigator may also attempt to trick you into admissions to wrongs you did not commit or to get you to conceal matters about which the investigator already knows. Let us help you gather all defense evidence and ensure that your investigation responses are accurate, truthful, complete, and consistent. We can also keep a record of your response so that we can later challenge any Board charge that you obstructed the investigation, lied in your statements, or concealed material information.
California Board Disciplinary Sanctions
Multiple sections of California Business & Professions Code Chapters 13-16 give the Board of Behavioral Sciences authority to impose a range of disciplinary sanctions against any licensee found to have violated state law, Board rules, or professional standards. Disciplinary sanctions include license suspension or revocation. Lesser but still serious sanctions include levying civil fines, requiring restitution, or imposing license probation with associated limitations, restrictions, terms, or conditions. The Board may, for instance, restrict your license to practicing under supervision, serving only adult clients, current clients, or clients without particular vulnerabilities, or practicing only under your current employer or in your current location. The Board may also require your evaluation, counseling or treatment, additional education or training, mentoring, or monitoring and reporting.
Mitigating California Board Disciplinary Sanctions
While this broad range of sanctions available to California Board of Behavioral Sciences disciplinary officials may appear daunting, Board discretion gives our attorneys the opportunity to advocate your case in mitigation of severe sanctions. We may be able to show the Board that it does not need to impose license suspension or revocation to accomplish its public protection mission. We know the alternative remedial measures that Board officials may accept to accomplish their objectives while preserving your license, professional employment, and professional reputation. You may, for instance, be glad, willing, and able to obtain additional training, accept a professional mentor, or undergo a mental or physical health evaluation. Indeed, we may be able to help you take and complete remedial measures even before negotiating those measures as a compromise in lieu of punitive sanctions.
Consequences of California Board Discipline
Throughout your California Board of Behavioral Sciences disciplinary proceeding, you should keep in mind the potential collateral consequences of Board discipline. You likely know well that you could lose your professional employment upon license suspension or revocation. However, you should also appreciate that your employer and clients may terminate their relationship with you for lesser discipline, such as a reprimand or probation. Discipline of any kind may make it difficult or impossible for you to gain new employment or rebuild your clientele. You may also find yourself unable to gain or hold a license to practice in other states or jurisdictions.
With loss of employment comes loss of income and employment benefits. Your Board of Behavioral Sciences license discipline could impact your ability to maintain your financial and household obligations. You and your dependent family members may have to make significant involuntary lifestyle changes. Loss of your Board of Behavioral Sciences license could also lead to your loss of other licenses, certifications, and privileges, depending on the grounds for your discipline. Let us help you minimize and avoid these risks and impacts.
California Board Disciplinary Hearing and Appeal
California Business & Professions Code Chapters 13-16 are replete with assurances of formal hearing and appeal procedures, recognizing your constitutional right to due process. We can invoke those protective procedures to present your defense evidence and challenge the Board's adverse evidence. If you have already lost your formal hearing, we can make available appeals and seek civil court review and relief as appropriate. Do not attempt self-representation, and do not retain an unqualified local criminal defense counsel. Administrative license proceedings operate under different laws, rules, and procedures. Let our attorneys exercise their substantial knowledge, skills, and experience on your behalf for your best disciplinary outcome.
Premier California Board of Behavioral Sciences License Defense
Call 888.535.3686 or complete this contact form now to retain the Lento Law Firm's premier Professional License Defense Team if you are a California licensed professional clinical counselor facing Board of Behavioral Sciences disciplinary charges. Our skilled and experienced attorneys have helped hundreds of mental health counselors and other professionals nationwide with successful defenses against disciplinary charges.
