BBS Unprofessional Acts

Question 1

Unprofessional conduct law

Answer 1

Contains 25 areas of jurisdiction:

Ex. How therapist manages transference & counter transference
Discharge of clinical skills
Practicing with an expired license
Failing to disclose fee before commencing treatment
Violating rules pertaining to supervision
Failure to maintain confidentiality
Advertising in a manner that is false, fraudulent or deceptive

Question 2

Unprofessional conduct:

Answer 2

• convicting of crime related to qualifications, functions or duties of licensee or registrant.
• using controlled substances, dangerous drugs, and/or alcohol in a way that is dangerous or injurious to the public

Question 3

MFT receiving a DUI

Answer 3

Even just one can spark BBS involvement and investigation because it evidences poor judgement and places therapist and public in danger.

Question 4

If therapist proven guilty in Bad Acts or Unprofessional Conduct:

Answer 4

• Fines/compensatory damage
• suspension of license or intern number
• loss of job
• revocation of license/intern number
• Publicly shamed in magazine “The Therapist”

Question 5

If a client complains to the BBS:

When client feels wronged by a therapist they can:

Answer 5

FILE:

• a civil suit against them
• a complaint with licensing board (BBS)
• a complaint with a professional associations ethic’s committee such as CAMFT, APA, ACA

Question 6

Supervisors duties regarding substance abuse

Answer 6

*any suspected substance abuse must be orally reported to the Board and the licensee

OR

*registrants employer within 1 business day of occurrence. If the time is outside of Board business hours, the oral report must be within 1 hour of the next business day.
Written report shall be submitted to the Board within 48 hours

Question 7

Cite and Fine by BBS?

Answer 7

They are/include:

• issued by BBS - not a disciplinary action
• cease and desist order
• violations for laws and regulation
• can be contested within 30 days
• must be served by certified mail or in person
• fines may not exceed $2500 per violation
• failure to comply or pay can = disciplinary action

Question 8

Medical Marijuana Use and your License

Answer 8

California Law - says “yes” those with physician’s recommendation can possess it for personal use.

Federal Law- it is illegal, though under Obama admin - it was not the practice of the Feds to target medically necessitated MJ use.

Cali Therapists - do not use while working, it could impair judgement, clinical skills, and if negligence or patient harm results, the BBS would likely take disciplinary action.

Question 9

Writing LETTERS to the court “on behalf” as an MFT

Answer 9

• You have the right to say NO
• Carefully consider, particularly in the matters of child custody
• pitfalls: BIAS, Dual relationship, pressure, scope of competency
• don’t offer opinion/make assessment of someone you’ve never met (i.e. A spouse of a client during a custody hearing)