The journey to becoming a healthcare professional is always long and exhausting. You are required to meet strict licensing requirements in addition to years of education and examinations. This is the only way you can legally offer your services as a behavioral scientist. When the board investigates you for an alleged crime, it can put both your license and ability to earn a living at risk. You can face serious consequences if you are under investigation by the board for an alleged offense. Some of the repercussions include suspension, probation, a formal reprimand, or even a full license revocation. If this happens, you should not take chances with your license and professional reputation. At Orange County License Attorney, we can help you secure the best possible outcome if your license is at risk.
Experts Who Belong To The Field Of Behavioral Sciences
Various experts fall under the category of behavioral sciences. They include:
Expert Clinical Counselors
A professional or expert clinical counselor is a career in the field of behavioral sciences. This is the latest and fastest-growing profession because of the increasing cases of emotional, mental, and behavioral conditions in adults. A counselor’s work is to visit patients in healthcare facilities, homes, and offices. Besides, these experts work with people of all kinds, including individuals, veterans, families, and military personnel. These professionals face many allegations while performing their duties. Some of the allegations include crimes and violations of BBS regulations. You risk disciplinary measures even when allegations involve a minor issue. This could threaten your profession and source of income if you do not take it seriously. You can avoid the severe repercussions of the administrative hearing by hiring a reputable attorney to defend your license.
Educational Psychologists
Students face many challenges in school that affect their social behavior, emotions, and academic performance. A licensed educational psychologist has a duty to partner with students, parents, and teachers to determine the cause of social, emotional, or economic issues affecting students for social, academic, and emotional success.
You are expected to monitor student progress with your knowledge as a certified educational psychologist. The BBS also requires you to perform a detailed psychological assessment to establish student problems and find treatments and ways to address the issues. You must conduct group therapy where traumatic events are involved, like the loss of a learner in school. Counseling is also necessary for teachers and students to help them deal with traumatic situations. Usually, the general duty of an educational psychologist is to identify learners’ weaknesses and strengths and help them succeed.
Some teachers, caregivers, guardians, and parents might not be happy with your techniques or outcomes in your line of duty. This can trigger allegations and threaten your license.
Clinical Social Worker
Clinical social work is another career in the behavioral sciences that requires you to help people address many of the issues society faces today. Some of these issues include spousal abuse, poverty, child or senior citizen abuse, mental illnesses, and addiction. This is a demanding career that needs an extraordinary calling because:
- You must listen to people’s challenges
- Identify people’s daily problems,
- Provide appropriate assistance to help victims resolve or overcome these challenges.
Clinical social workers visit different organizations, like offices, elderly or children’s homes, and hospitals, to find troubled people. They interact with many people, and some might not be satisfied with the strategies they use to address their issues. This can make them file allegations with the board against these professionals. Your colleagues, government officials, or patients can accuse you of unethical conduct, leading to an investigation and potential disciplinary actions. However, minor or false allegations should not be the reason you stop serving society and earning a living. A license defense attorney can help protect your license and reputation.
Marriage Therapists
Most people get married with the hopes of living happily ever after. Unfortunately, this is often not the case. Modern marriages or families face many challenges. Some people opt to settle issues with a third party rather than do so privately. The common problems the modern family faces include domestic violence, behavioral issues in children, marital challenges, alcohol and controlled substance abuse, and depression. These issues require professional intervention. This is why marriage and relationship counselors exist.
As a family therapist, you have a duty to analyze your clients’ behavior. This will help you identify the cause of their relationship issues and find ways to solve them. It can be hard to impart positive behavior changes in spouses and children. Most of them might not be happy with your approach or the therapy outcome. Often, they do not know that you have little or no control over their attitude, which can trigger allegations against you to the board.
When you face accusations, the board will not be on your side. The board often strives to protect your clients and is likely to investigate the claims further and take disciplinary action against you.
How The Board Of Behavioral Sciences (BBS) Works
The BBS regulates, licenses, and disciplines behavioral sciences license holders. It is mandated to receive claims from the public or other therapists, investigate them, and enforce regulations. The board does this where there is evidence of criminal or administrative breaches. However, it does not investigate all allegations. It concentrates on the cases that can be substantiated.
The BBS will substantiate accusations by determining whether there are grounds for you to face an administrative trial and potential punishment. When board members receive claims, they review them to determine whether there is a basis for further investigation.
When there is evidence that you have made a mistake, demonstrated incompetence, or violated the law, it will be filed with the Office of the Attorney General. At this point, the administrative process will start. After assessing your file, the Attorney General can serve you with the petition, file a claim, or take disciplinary action against you. You will then be informed that you face an administrative proceeding and must defend yourself. Seek the services of an experienced behavioral sciences attorney when served with the notice. An attorney will assess your case and develop suitable defenses.
Alternatively, the board can take disciplinary measures against you rather than forwarding the claims to the Attorney General. Some of the disciplinary measures it can take include license suspension, revocation, or a warning letter. You are required to respond within 15 days once notified of allegations against you. The Attorney General can write to the board requesting that it take disciplinary measures against you if you fail to file a prompt response. It is important to seek the services of an attorney to help you understand these strict timelines and the administrative hearing. The board will promptly respond to the petition and allow you to challenge the allegations, thereby saving your profession and source of livelihood. Your attorney can help you resolve the case without going to trial.
The Disciplinary Process The Behavioral Sciences Board Will Take
Any person can file a complaint in written form or through the board’s website. Accusations are common, but the board will dismiss unsubstantiated claims. It will investigate the most serious offenses first.
You will receive a Notice of Investigation from the board stating that you are being investigated. Avoid talking to the board investigators before contacting your license attorney. Hiring an attorney immediately will increase the chances of securing a favorable case outcome. Sometimes, the board can conduct a sting operation, especially if the criminal accusations involve prostitution and selling controlled substances. You should consider challenging the board’s decision if it serves you with an interim suspension when the investigation is ongoing. It can be challenging for you to wait months or even years for the case to end.
The board can dismiss your skilled license attorney, challenge it, or require additional evidence. However, the board will make a formal allegation against you if it believes it has a case. A good license attorney can challenge the evidence against you.
Your case will be forwarded to an administrative hearing handled by an administrative law judge (ALJ). Your attorney can present mitigating factors and fight for reduced disciplinary measures. The judge can impose penalties, but the board must review the judge’s ruling before approving it. Some of the penalties you could face include:
- Letter or reprimand
- Citation and fines
- Revocation or suspension of your license, and
- Stay of revocation and probation
The Actions You Can Take After The Suspension Of Your License
When the board suspends your professional license, it is because if you continue to practice, you could threaten the health, safety, and welfare of the patients. A suspension can arise from allegations or evidence of a serious crime or misconduct that could endanger your patient’s care. An example includes the evidence of alcohol abuse, especially while on duty, gross negligence, and criminal conduct. A license revocation or suspension is detrimental, but you can work with your attorney toward the reinstatement of your license.
The board will reinstate your license based on the facts of the suspension. Some of the factors include:
- If you opt to challenge your license suspension, the scheduled hearings and subsequent appeal can prolong the process. Appealing is important, although it can extend your timeline. This will ensure fair consideration and treatment.
- Securing the services of a license defense attorney — Hiring an attorney will make the process faster. An attorney will navigate the legal system on your behalf, resulting in faster case resolution.
- The board’s case assessment and ruling process — The board will review your case after you meet its requirements and submit the relevant documents. The review period varies depending on the board’s caseload and case complexity.
- Completing the mandated actions — You should be proactive about completing the required actions if the board requires particular remedial actions. This will accelerate your reinstatement process.
- The type and seriousness of the offense — Facing a punishment because of a minor administrative oversight can be settled faster than a suspension related to criminal activities or serious clinical malpractice.
Steps To Take When Seeking A License Reinstatement
The license reinstatement procedure can appear confusing, but understanding every step makes it manageable. This procedure involves:
- Enquiring about the reasons for the license suspension — You must read and comprehend the case documents provided by the board. Your license can be suspended for unprofessional misconduct, administrative issues, or criminal charges.
- Consult a license defense attorney — Seek legal assistance since an attorney understands the technicalities of the board’s process and can provide a tailored solution for your accusations. Your attorney will review your case specifics, provide insights into the possible results, and guide you on the right action plan.
- Meet the board’s conditions — You will be required to complete certain actions, like completing additional training and receiving rehabilitation if you are involved in the abuse of controlled substances. It is important to comply with the board’s conditions because they play a major role in the reinstatement process.
- Prepare and present relevant documents — the board may require character references, evidence of rehabilitation, and proof of education. Ensure the documents are in order, presented on time, and presented appropriately.
- Attend with your attorney if the board schedules a hearing — Your attorney will show rehabilitation, explain, and prove your case.
- Stay informed and updated — It is important to stay aware of the changes affecting your case, as processes, regulations, and laws evolve.
Denial Of License Application
Your license attorney is important not only when the board is investigating you, but you will also require their services during the license application. Most applications are rejected during screening. This could happen during background checks on your record. With the help of an attorney, you can have your record expunged before submitting your application, reducing the risk of rejection.
Find An Experienced Orange County License Attorney Near Me
Having your behavioral sciences license at risk can be unsettling, given the work you put into obtaining it. You should never give up on your professional license without a fight. Instead, you should contact a reliable license attorney to help you present a defense against the allegations against you.
At the Orange County License Attorney, we have compassionate attorneys who can represent you if your license is at risk. Contact us today a 714-782-6386 to speak to one of our attorneys.
