If you hold a professional license in behavioral science, it means that you underwent an expensive and demanding process to acquire your skills and license. A professional license is an excellent way to legally earn a living in California by providing professional services to those who need them. However, you may lose that right if you do something that causes the Board of Behavioral Sciences to revoke or suspend your license. A board can make this decision if there is a complaint about your unprofessionalism, incompetence, or negligence.
We can help at San Jose License Attorney if you are about to lose your professional license in San Jose. Since we know how difficult it is to obtain and maintain a professional license, we can help you defend yours. We can do this by helping you through the administrative process, fighting for your rights, and defending you against the allegations you face.
The Critical Services You Offer as a Behavioral Science License Holder
Behavioral science is a broad term for professionals who study human behavior. They apply research methods from sociology, psychology, and economics to understand people, and then use that knowledge to help those struggling with specific behaviors. This means that if you are a certified behavioral scientist, you can work in a wide range of practice areas. For example, you can be a behavior therapist, working in a hospital setting or operating your own practice.
Family and marriage therapists are increasingly common today, given the growing family issues people are experiencing. A therapist can hold a few sessions with conflicting people to understand the cause of their conflict and how they can live in harmony again. Other issues therapists with certification in behavioral science deal with include child discipline issues, divorce, marital conflicts, depression, domestic abuse, and alcohol or drug addiction.
This means your work mainly revolves around people facing various kinds of problems in their lives. This requires you to be careful when dealing with them and the public, to avoid violating their rights, demonstrating incompetence, or being negligent.
However, working directly with patients puts a behavioral scientist at risk of conflicts with their patients, families, and the general public. You could be accused of negligence, overprescribing treatment, or failing to meet a patient’s needs. Some of these allegations can be brought against you by your patients, their family members, your colleagues, or your employer.
When the Board of Behavioral Sciences learns about such conflicts, it may take serious action against you. This puts your career and the license you have worked hard to obtain at risk. You could lose your livelihood temporarily in case of license suspension, or permanently in case of license revocation.
However, having an allegation against you does not automatically mean the end of your career. You can fight to keep your license by mounting a strong defense against the allegations. You can do this with the help of a competent license attorney. An attorney will use compelling evidence to fight the allegation or use mitigating factors to convince the board to rule the matter in your favor. They will also be there to guide you through the administrative process, advise you on your rights and options, and help you avoid mistakes that could ruin your situation further. Having an attorney increases your chances of a favorable outcome.
Disciplinary Guidelines by the Board of Behavioral Sciences
The Board of Behavioral Sciences is the government body that licenses qualified professionals to offer services within California. It receives applications, reviews qualifications, conducts interviews, and qualifies those with the skills and legal understanding to serve the public safely and legally. However, this is not the only reason the board exists. While this is one of its several mandates, the primary mandate is to serve public interests. The board considers the public when licensing behavioral scientists to ensure that certified professionals provide professional, safe services to everyone who needs them.
Additionally, it monitors holders of behavioral science licenses to ensure they follow specific guidelines when describing their services. The board establishes and publishes these guidelines on its website, including possible disciplinary measures for anyone who violates them. Thus, you must work smart and carefully, even after receiving a professional license, to keep it and safeguard your career.
When someone raises a complaint against you with the board, the board can conduct an investigation and, thereafter, hold a hearing to determine the circumstances and consequences of the violation. However, the board does not take action against all the complaints it receives. A complaint against you must be substantial for the board to pursue it. Also, the board will first gather enough evidence to ensure it has a strong case against you during the hearing.
If it chooses to pursue your complaint, the board will notify you of the investigation and give you a hearing date. You should prepare well to avoid facing harsh discipline that could ruin your career and livelihood. You can do this with the help of a competent attorney. An attorney will help you gather evidence to counter the allegation. They will also advise you on your rights and discuss some of your options in obtaining a reasonable outcome. Your attorney can also suggest identifying some mitigating factors that could work in your favor.
For example, they could use your excellent performance in the past years or your good reputation to negotiate for a reasonable outcome.
Here are examples of complaints that the Board of Behavioral Sciences can pursue:
- The use or abuse of alcohol or drugs while at work
- Engaging in sexual misconduct with a patient or a former patient. This is considered a serious violation, even with the patient’s consent.
- Engaging in sexual acts with a child. This can also result in criminal charges.
- Having a mental, emotional, or physical illness that affects your performance at work
- Knowingly or recklessly causing a patient to suffer physically, emotionally, or mentally.
- Being grossly or criminally negligent
- Demonstrating professional incompetence
- Any other type of unprofessional conduct at or outside work
- A criminal accusation or conviction that substantially relates to your profession or competence
- Engaging in fraud, especially insurance fraud, for personal gain or to cause another person or entity to incur a loss
- Going beyond your expertise to gain from an area you are not qualified in
- Engaging the services of untrained or unlicensed assistants
- Failing to supervise those who work under you
- Violating a patient’s rights to confidentiality
- Failure to disclose your charges before service delivery for fraudulent gains
- Using false advertising practices to gain clients unlawfully
- Giving, asking for, or offering kickbacks to refer a patient or accept a referral
- Failing to maintain honest and proper medical records
- Denying your patients access to their medical records
- Violating any law that governs your profession
- Being under the investigation or discipline of another licensing or state agency, even an agency from another state
This list only includes some of the complaints that could prompt the board to investigate and pursue your case. If the complaint is valid or substantiated, the board will notify you about it, inform you about the pending investigation, and the need to appear before an administrative judge on a particular date. You should talk to an attorney immediately after you receive this notice to prepare well. Working with a skilled attorney can benefit you in many ways.
For example, an attorney will advise you on the dos and don’ts to protect yourself from self-incrimination or worsening your legal situation. They will also inform you of your rights and defend them. They can negotiate for a favorable resolution before the matter is taken to a hearing. This will save you time and increase your chances of a reasonable outcome. However, if the negotiation does not work, your attorney will represent your interests and defend you during the hearing.
Possible Disciplinary Actions
On its website, the Board of Behavioral Sciences provides all the information to understand what is expected of you as a professional license holder, some of the violations you should not commit, and possible discipline if a complaint is brought against you. This information is usually under the disciplinary guidebook, and it categorizes this information in the following sections:
- Standards regarding drug and substance use, especially while on the job
- Violations that can trigger disciplinary action, and recommended penalties. You will find the minimum and maximum penalties, according to the severity of the violation and the professional’s track record of performance
- Model Disciplinary Order, which deals with optional and mandatory license probation for licensed professionals, and the probation terms and conditions
- Additional policies and guidelines by the board, which the board uses to ensure that the penalties you receive for a violation reflect the nature and severity of the violation
The disciplinary guidelines the board recommends give sufficient room for you to fight with the help of your license defense attorney. You can fight for a case dismissal or a more favorable penalty, depending on the circumstances of your case and the strength of the evidence against you. Some of the disciplinary actions you could face in case a complaint is brought against you include the following:
Public Reprimand
A reprimand is usually used for less severe violations that do not pose a risk to the public. However, a public reprimand will appear on the board’s website for public view. Thus, anyone can see it and know about the complaint. While this disciplinary action is lenient, it can potentially harm your ability to keep or gain clients. It could also cost you your job and affect your ability to find future employment.
Allow your attorney to fight a public reprimand to protect your reputation and livelihood. They can convince the board of the harm a public reprimand will cause to your career and negotiate for a more favorable penalty or a dismissal of the case.
Citation and Fine
This, too, is used for minor violations. Although licensing boards do not commonly use citations, you could receive one. A citation will require you to appear before a judge and pay a particular fine. The fine can vary depending on the nature and severity of the violation.
While citations do not affect your career directly, they can easily be found on the board’s public record. If a significant person, such as a current or potential client or employer, learns of the violation, they may reconsider engaging your services. This can eventually affect your livelihood.
License Suspension
The board can temporarily suspend your license to allow you time to correct the behavior or issue that caused the violation. For example, you could be required to undergo drug, alcohol, or behavioral treatment during the suspension period. If you are accused of incompetence, you could be required to undergo additional training before reinstating your license. However, you cannot earn a living during the suspension period. This may affect your livelihood and your ability to find patients or employment afterwards.
License Revocation
Although this is rare, the board can revoke or cancel your license. This happens mostly in cases where your behavior causes a significant injury or the death of one or more people. License revocation is permanent. You cannot earn a living as a professional behavioral scientist after that.
However, a competent license defense attorney will not let this happen. They will use any possible strategy to defend your license and livelihood. If the outcome of the case is unfavorable, your attorney will appeal until you are satisfied with the result.
Find Exceptional License Defense Services Near Me
Is your behavioral science professional license at risk because of a complaint against you in San Jose?
At San Jose License Attorney, we understand what this means, especially for a career and license that costs you money, time, and effort to build. However, we can help you defend against the allegation or negotiate with your licensing board to achieve a favorable outcome.
We can start by reviewing your case, gathering evidence, and negotiating for an earlier settlement with the board before the matter goes to a hearing. If this does not help, we will use our best defense strategies during the hearing to fight for a fair outcome. Call us at (669) 330-4517 to discuss your case and our services further.
