Marriage and Family Therapists & Licensed Clinical Social Workers Defense Lawyer

The Board of Behavioral Sciences is tasked with regulating the mental health profession and social workers in California, along with the California Medical Boards and Board of Psychology

It has the mission to “Protect and serve Californians by setting, communicating, and enforcing standards for safe and competent mental health practice.”

The Board of Behavioral Sciences regulates the following:

  • Licensed Marriage and Family Therapists (LMFT)
  • Licensed Clinical Social Workers (LCSW)
  • Licensed Educational Psychologists (LEP)
  • Licensed Professional Clinical Counselors (LPCC)
  • Associate Clinical Social Workers (ASW)
  • Marriage and Family Therapist Interns (IMF)
  • Professional Clinical Counselor Interns (PCCI)
  • Continuing Education Providers (PCE)
  • MFT Referral Services (MRF)

Board of Behavioral Sciences License Denial

For each license regulated by the Board, significant investments are made by the licensees and their related business entities.  The threat of being denied a license or approval, having a license or service investigated, or losing a license is a serious legal issue, which threatens and jeopardizes all that one has worked hard to obtain.

Social Worker License Denial

If you are applying for a social worker license under the Board of Behavioral Sciences and you recieve a denial by way of Statement of Issues you need an experienced healthcare licensing attorney. You may have been denied due to one of the following reasons:

  • Failing to disclose any criminal charges, pending or convicted
  • Having a second license with disciplinary actions taken against it
  • Being convicted of a felony that could affect your license
  • Lying on your license application

Any person who is denied a social worker license, they have the right to appeal the license denial at a formal administrative hearing. The deadline to submit you appeal is 60 days from the date of the notice of denial. If you choose to forgo the appeal, you can reapply for the license, but only after one year from the date of the notice of denial.

Board of Behavioral Sciences Accusation

The California Board of Behavioral Sciences receives thousands of complaints each year accusing California mental health professionals of some type of misconduct. Once a mental health professional is accused of misconduct, then the licensee may be contacted by an enforcement analyst to interview the licensee about the allegations.

If the Board finds that the investigation of the enforcement analyst shows that the licensee may have committed a violation of law or another form of statutory misconduct, then the licensee will receive a “Notice of Accusation” letter. California mental health professionals who receive a Notice of Accusation are immediately put on the clock to respond and defend themselves.

A mental health professional who receives an accusation has 15 days from the original date of the proof of service to file their “Notice of Defense.” The actual defenses may or may not need to be stated in this notice, but the notice must be filed to inform the Board that the licensee intends to defend themselves against the allegations. A failure to respond to a Notice of Accusation can result in a default against the licensee and a waiver of specific rights.

An experienced mental health professional license defense attorney can pinpoint what defenses must be raised in a Notice of Defense, as well as help you determine what the appropriate plan of action should be in defending your case if you have been sent a Notice of Accusation.

Social Worker License Accusations

If you are a social worker who has recieved an accusation from the California Board of Behavioral Sciences, you may not understand why. Some of the common accusations come from the following:

  • Allowing unlicensed social workers to practice
  • Addiction to alcohol and/or drugs
  • False advertising
  • Failing to keep records confidential
  • Corrupt or fraudulent acts
  • Failure to disclose fees
  • Keeping inadequate records
  • Sexual misconduct
  • Causing harm to a client
  • Improper supervision
  • Etc.

Accusations are not to be taken lightly. They can lead to a suspension and even lead to your license being revoked. If you have recieved a notice of an accusation against your license from the Board of Behavioral Sciences, contact license defense attorney S J Harris today.

Board of Behavioral Sciences Investigation for Mental Health Professionals and Licensed Social Workers

The California Board of Behavioral Sciences is responsible for licensing and monitoring licensed mental health professionals and social workers within the state of California. If someone files a complaint with the Board against a California mental health professional or social worker, then the Board may initiate an investigation if they believe that a violation of law may have taken place. If the violation is proven, then the mental health professional or licensed social worker would be subject to discipline from the Board.

The Board of Behavioral Sciences is under a mandate to protect consumers from mental health professionals and licensed social workers who fail to practice their profession safely. The main purpose of investigating complaints is to determine whether the licensed social worker or mental health professional being accused of misconduct is able to practice their profession in a manner that is safe to the public. The Board oversees many different professions within mental health and social work.

Once a complaint is received by the Board, the case is reviewed and assigned to an enforcement analyst. The enforcement analyst is tasked with investigating the complaint and submitting written findings about the matter. Once the investigation is completed, the enforcement analyst may refer the case to the Attorney General, to a subject matter expert, or to the Division of Investigation for further investigation and review. It is important to have experienced counsel on your side as soon as you are made aware of a complaint against you.

Contact Scott J. Harris, ESQ. Today

Scott J. Harris, Esq. has extensive experience defending mental health professionals and licensed social workers before the Board of Behavioral Sciences.   He can assist in issues that may deal with:

  • Gross Negligence and Incompetence (Standards of Practice)
  • Substance Abuse
  • Criminal Charges, including domestic violence, assault and petty theft
  • Boundary Issues, including sexual relationships with clients
  • Transference Issues
  • Conflicts of Interest
  • Anger Management Issues
  • Insurance Billing Fraud

As a former Deputy Attorney General and licensing board prosecutor, Scott J. Harris understands how licensing agencies operate. Because he knows how licensing boards conduct their investigations and how prosecutors build their cases, he is able to take proactive steps to defend his clients’ licenses and earning capacity.

At S J Harris Law, we help social workers and mental health professionals protect their licenses. Attorney Scott J. Harris represents clients during the initial investigation, during formal actions through accusations, statements of issues, administrative hearings and appeals, and appeals to the superior court through writs of mandamus.

We offer comprehensive legal counseling with a focus on economy, judiciousness and respect.

Contact professional license defense lawyer Scott J. Harris at 323-370-6139 to schedule a free 30-minute consultation. Together, we will fight for your license as a marriage and family therapist, psychologist, social worker and occupational therapist.