15260 Ventura Blvd. Suite 1200 Sherman Oaks, Los Angeles, CA 91403 | (818) 570-0836 | (510) 852-9296
sweinsteinlaw@gmail.com

California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Licensed Educational Psychologist License Defense Attorney

California Board of Behavioral Sciences License Defense Lawyer

The California Board of Behavioral Sciences, known as the BBS, licenses approximately 2,200 Licensed Educational Psychologists in the State of California. Most California Licensed Educational Psychologists have minimal or no contact with the enforcement arm of the California Board of Behavioral Sciences. For Licensed Educational Psychologists who become part of the California Board of Behavioral Sciences’ disciplinary process, the consequences are profound. The Licensed Educational Psychologist License disciplinary process is complex, procedural and time consuming. Licensed Educational Psychologists facing the California Board of Behavioral Sciences disciplinary process should seek legal representation from an experienced California Licensed Educational Psychologist License Defense Attorney.

California Board of Behavioral Sciences Investigation Defense Lawyer

The majority of California Board of Behavioral Sciences investigations begin with the filing of a consumer Complaint. However, California Board of Behavioral Sciences Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Behavioral Sciences utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Licensed Educational Psychologists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Board of Behavioral Sciences disciplinary process. At the conclusion of a California Board of Behavioral Sciences investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Licensed Educational Psychologist facing a California Board of Behavioral Sciences investigation, contact a California Licensed Educational Psychologist License Defense Attorney for representation.

California Licensed Educational Psychologist License Accusation Defense Attorney

A formal Accusation served on a California Licensed Educational Psychologist serves as notice to a Licensed Educational Psychologist that the Board intends to revoke the Licensed Educational Psychologist License. The Licensed Educational Psychologist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Licensed Educational Psychologist. A Default will result in the immediate Revocation of the Licensed Educational Psychologist License.

An Accusation is a serious matter that can result in the suspension or revocation of a Licensed Educational Psychologist License in California. In many cases, it is possible for Licensed Educational Psychologists to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Behavioral Sciences. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Licensed Educational Psychologists facing a California Board of Behavioral Sciences Accusation should contact an experienced California Licensed Educational Psychologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Licensed Educational Psychologists include:

  • Accepting or Paying Referral Fees
  • Aiding and Abetting Unlicensed Practice of Educational Psychology
  • Dangerous Use of Alcohol or Drugs
  • Deceptive Advertising
  • Dishonest, Corrupt or Fraudulent Act
  • Failure to Disclose Fees in Advance
  • Failure to Maintain Adequate Records
  • Failure to Maintain Confidentiality
  • Failure to Provide Sexual Misconduct Brochure
  • Gross Negligence
  • Improper Supervision of Intern or Trainee
  • Incompetence
  • Intentionally or Reckless Causing Physical or Emotional Harm to Client
  • Mental Illness
  • Physical Illness
  • Practicing Outside Scope of License
  • Sexual Misconduct With a Patient
  • Unlawful Representation as a Physician
  • Unlawful Representation as a Psychologist
  • Unprofessional Conduct
  • Willful Violation

California Licensed Educational Psychologist License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Board of Behavioral Sciences can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Behavioral Sciences’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Licensed Educational Psychologist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Licensed Educational Psychologist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Licensed Educational Psychologists facing a California Board of Behavioral Sciences Administrative Law Hearing need effective representation from a California Licensed Educational Psychologist License Defense Lawyer.

California Licensed Educational Psychologist License and Criminal Convictions

The California Board of Behavioral Sciences can discipline Licensed Educational Psychologists for criminal convictions. California Board of Behavioral Sciences discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Licensed Educational Psychologist. Common criminal offenses that can cause Licensed Educational Psychologist License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Board of Behavioral Sciences and other law enforcement agencies also investigate criminal conduct by Licensed Educational Psychologists in the course and scope of their practice. Criminal investigations often involve Licensed Educational Psychologists engaged in Insurance Fraud, Unlawful Practice of Medicine, Unlawful Practice of Psychology and Unlawful Representation as a Physician. In serious criminal cases against Licensed Educational Psychologists pending in Criminal Court, the California Board of Behavioral Sciences and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Licensed Educational Psychologist. A California Penal Code § 23 Order seeks to suspend a Licensed Educational Psychologist License in Criminal Court.

Licensed Educational Psychologists facing criminal charges and Licensed Educational Psychologists who are convicted of criminal offenses need an experienced California Licensed Educational Psychologist License Defense Attorney for representation in disciplinary proceedings before the California Board of Behavioral Sciences.

California Licensed Educational Psychologist License Statement of Issues Attorney

The California Board of Behavioral Sciences thoroughly investigates all applicants for Licensed Educational Psychologist Licenses. The California Board of Behavioral Sciences may deny a California Licensed Educational Psychologist License to Licensed Educational Psychologist students and Licensed Educational Psychologists from other states and countries. Most California Licensed Educational Psychologist License denials occur due to criminal convictions, financial problems or misstatements on the Licensed Educational Psychologist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Licensed Educational Psychologist License should contact a California Licensed Educational Psychologist License Denial Lawyer for representation in a California Board of Behavioral Sciences Statement of Issues Hearing.

California Licensed Educational Psychologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensed Educational Psychologists who have received a Licensed Educational Psychologist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Licensed Educational Psychologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Behavioral Sciences. A successful Licensed Educational Psychologist License Petition for Reinstatement requires representation by an experienced California Licensed Educational Psychologist License Defense Attorney.