The board may refuse to issue a registration or license under the chapters it administers and enforces whenever it appears that the applicant may be unable to practice his or her profession safely due to mental illness or chemical dependency. The procedures set forth in Article 12.5 (commencing with Section 820) of Chapter 1 shall apply to denial of a license or registration pursuant to this section.
Board of Behavioral SciencesDisciplinary Actions
Section § 4990.28
This law says that a board can refuse to give a professional license or registration if it seems like the person might not be able to do their job safely because of mental illness or substance abuse issues. There's a specific procedure they have to follow when denying a license for these reasons.
professional license refusal mental illness chemical dependency
Section § 4990.30
If you're a therapist, counselor, or psychologist in California and your license has been revoked, suspended, or placed on probation, you can ask the board to reinstate or modify your status. Depending on the situation, you may have to wait a certain amount of time before filing your request. When you do, you need to provide proof that you've followed any previous disciplinary conditions. The board or an administrative law judge will review your petition, and you have to prove you're ready to have your license reinstated. You could need to provide fingerprints, allow a health check, and possibly have your request investigated. Your case won't be considered if you're still serving a sentence for a crime or facing new accusations related to your practice. Lastly, the board might reject petitions filed soon after a prior hearing.
(a)CA Business & Professions Code § 4990.30(a) A licensed marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, associate professional clinical counselor, or licensed educational psychologist whose license or registration has been revoked, suspended, or placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation. The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the
petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.
(b)CA Business & Professions Code § 4990.30(b) The licensee or registrant may file the petition on or after the expiration of the following timeframes, each of which excludes any periods during which the probation was tolled, and commences on the effective date of the decision ordering the disciplinary action or, if the order of the board, or any portion of it, is stayed by the board itself or by the superior court, from the date the disciplinary action is actually implemented in its entirety:
(1)CA Business & Professions Code § 4990.30(b)(1) Three years for reinstatement of a license or registration that was revoked for unprofessional conduct, except that the board may, in its sole discretion, specify in its revocation order that a petition for reinstatement may be filed after two years. A registrant who is ineligible for
reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for a subsequent registration number.
(2)CA Business & Professions Code § 4990.30(b)(2) Two years for early termination of any probation period of three years or more.
(3)CA Business & Professions Code § 4990.30(b)(3) One year for modification of a condition, reinstatement of a license or registration revoked for mental or physical illness, or termination of probation of less than three years. A registrant who is ineligible for reinstatement pursuant to Section 4984.01, 4996.28, or 4999.100 may apply for a subsequent registration number.
(c)CA Business & Professions Code § 4990.30(c) The petition may be heard by the board itself or the board may assign the petition to an administrative law judge pursuant to Section 11512 of the Government Code.
(d)CA Business & Professions Code § 4990.30(d) If the petition is to be heard by the board, the petitioner may
request that the board schedule the hearing on the petition for a board meeting at a specific city where the board regularly meets.
(e)CA Business & Professions Code § 4990.30(e) The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition and an opportunity to present both oral and documentary evidence and argument to the board or the administrative law judge.
(f)CA Business & Professions Code § 4990.30(f) The petitioner shall at all times have the burden of production and proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition.
(g)CA Business & Professions Code § 4990.30(g) The board, when it is hearing the petition itself, or an administrative law judge sitting for the board, may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined,
the petitioner’s activities during the time their license or registration was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability.
(h)CA Business & Professions Code § 4990.30(h) The hearing may be continued from time to time as the board or the administrative law judge deems appropriate but in no case may the hearing on the petition be delayed more than 180 days from its filing without the consent of the petitioner.
(i)CA Business & Professions Code § 4990.30(i) The board itself, or the administrative law judge if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. In a decision granting a petition reinstating a license or modifying a penalty, the board itself, or the administrative law judge, may impose any terms and conditions that the agency deems reasonably appropriate, including those set forth in
Sections 823 and 4990.40. If a petition is heard by an administrative law judge sitting alone, the administrative law judge shall prepare a proposed decision and submit it to the board. The board may take action with respect to the proposed decision and petition as it deems appropriate.
(j)CA Business & Professions Code § 4990.30(j) The petitioner shall pay a fingerprinting fee and provide a current set of their fingerprints to the board. The petitioner shall execute a form authorizing release to the board or its designee, of all information concerning the petitioner’s current physical and mental condition. Information provided to the board pursuant to the release shall be confidential and shall not be subject to discovery or subpoena in any other proceeding, and shall not be admissible in any action, other than before the board, to determine the petitioner’s fitness to practice as required by Section 822.
(k)CA Business & Professions Code § 4990.30(k) The board
may delegate to its executive officer authority to order investigation of the contents of the petition.
(l)CA Business & Professions Code § 4990.30(l) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole or the petitioner is required to register pursuant to Section 290 of the Penal Code. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner.
(m)CA Business & Professions Code § 4990.30(m) Except in those cases where the petitioner has been disciplined for violation of Section 822, the board may in its discretion deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.
license reinstatement petition for reinstatement license suspension
Section § 4990.31
This law says that a board can deny a request to end probation or change a penalty without a hearing for several reasons: if the person hasn't followed the disciplinary rules, if they're being investigated while on probation, if they've been arrested for something related to their professional duties during probation, or if their probation has been paused.
The board may deny without a hearing a request to petition for termination of probation or modification of penalty for any of the following reasons:
(a)CA Business & Professions Code § 4990.31(a) The petitioner has failed to comply with the terms and conditions of the disciplinary order.
(b)CA Business & Professions Code § 4990.31(b) The board is conducting an investigation of the petitioner while he or she is on probation.
(c)CA Business & Professions Code § 4990.31(c) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.
(d)CA Business & Professions Code § 4990.31(d) The petitioner’s probation with the board is currently tolled.
terminate probation modify penalty disciplinary order compliance
Section § 4990.32
This section outlines deadlines for filing accusations against those with licenses managed by a specific board. Generally, accusations must be filed within three years after the board learns about the alleged wrongdoing or within seven years of when it actually happened, whichever is sooner. However, accusations involving fraud in obtaining a license can be filed without these time limits. In cases of sexual misconduct, the filing deadline is the earlier of three years after the board becomes aware or ten years after the event. If the issue involves a minor, the countdown pauses until the minor turns 18. Time limits can also be paused if necessary reports haven't been filed on time or if evidence is unavailable because of a criminal investigation. 'Discovers' refers to when the board gets a complaint, learns more about it later, or gets a release of information from the complainant.
(a)CA Business & Professions Code § 4990.32(a) Except as otherwise provided in this section, an accusation filed pursuant to Section 11503 of the Government Code against a licensee or registrant under the chapters the board administers and enforces shall be filed within three years from the date the board discovers the alleged act or omission that is the basis for disciplinary action or within seven years from the date the alleged act or omission that is the basis for disciplinary action occurred, whichever occurs first.
(b)CA Business & Professions Code § 4990.32(b) An accusation filed against a licensee alleging the procurement of a license by fraud or misrepresentation is not subject to the limitations set forth in subdivision
(a).
(c)CA Business & Professions Code § 4990.32(c) The limitations period provided by subdivision (a) shall be tolled for the length of time required to obtain compliance when a report required to be filed by the licensee or registrant with the board pursuant to Article 11 (commencing with Section 800) of Chapter 1 is not filed in a timely fashion.
(d)CA Business & Professions Code § 4990.32(d) An accusation alleging sexual misconduct shall be filed within three years after the board discovers the act or omission alleged as the grounds for disciplinary action or within 10 years after the act or omission alleged as the grounds for disciplinary action occurred, whichever occurs first. This subdivision shall apply to a complaint alleging sexual misconduct received by the board on and after January 1, 2002.
(e)CA Business & Professions Code § 4990.32(e) If
an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (d) shall be tolled until the minor reaches the age of majority. However, if the board discovers an alleged act of sexual contact with a minor under Section 261, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code after the limitations periods described in this subdivision have otherwise expired, and there is independent evidence that corroborates the allegation, an
accusation shall be filed within three years from the date the board discovers that alleged act.
(f)CA Business & Professions Code § 4990.32(f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.
(g)CA Business & Professions Code § 4990.32(g) For purposes of this section, “discovers” means the latest
of the occurrence of any of the following with respect to each act or omission alleged as the basis for disciplinary action:
(1)CA Business & Professions Code § 4990.32(g)(1) The date the board received a complaint or report describing the act or omission.
(2)CA Business & Professions Code § 4990.32(g)(2) The date, subsequent to the original complaint or report, on which the board became aware of any additional acts or omissions alleged as the basis for disciplinary action against the same individual.
(3)CA Business & Professions Code § 4990.32(g)(3) The date the board receives from the complainant a written release of information pertaining to the complainant’s diagnosis and treatment.
accusation filing deadlines sexual misconduct allegations fraudulent license procurement
Section § 4990.33
This law states that even if a professional license or registration has expired, been canceled, forfeited, suspended, placed on retired status, or voluntarily surrendered, the board still has the authority to continue investigating or taking disciplinary actions against the person involved. The board can also make decisions about suspending or revoking the license or registration regardless of its current status.
Notwithstanding any other law, except as provided in Section 4990.32, the expiration, cancellation, forfeiture, or suspension of a license, registration, or other authority to practice by operation of law or by order or decision of the board or a court of law, the placement of a license on a retired status, or the voluntary surrender of a license or registration by a licensee or registrant, of any license or registration within the authority of the board, shall not deprive the board of jurisdiction to commence or proceed with any investigation of, or action or disciplinary proceeding against, the licensee or registrant or to render a decision suspending or revoking the license or registration.
license expiration license cancellation forfeiture
Section § 4990.34
This law allows the board to put a professional license or registration on probation instead of suspending or revoking it, or in addition to doing so. Probation can be used when someone has completed the necessary training and education but has committed unprofessional conduct, or as a condition for getting a suspended or revoked license back. The board can also set up rules to monitor whether the person on probation is following the terms, and the person might have to pay for this monitoring.
(a)CA Business & Professions Code § 4990.34(a) The board may place a license or registration issued under the chapters it administers and enforces on probation under the following circumstances:
(1)CA Business & Professions Code § 4990.34(a)(1) In lieu of, or in addition to, any order of the board suspending or revoking the license or registration.
(2)CA Business & Professions Code § 4990.34(a)(2) Upon the issuance of a license or registration to an individual who has been guilty of unprofessional conduct but who otherwise completed all education, training, and experience required for licensure or registration.
(3)CA Business & Professions Code § 4990.34(a)(3) As a condition upon the reissuance or reinstatement of a license or registration that has been suspended or revoked by the board.
(b)CA Business & Professions Code § 4990.34(b) The board may adopt regulations establishing a monitoring program to ensure compliance with any terms or conditions of probation imposed by the board pursuant to subdivision (a). The cost of probation or monitoring may be ordered to be paid by the licensee or registrant.
probation unprofessional conduct license suspension
Section § 4990.36
If your professional license or registration has been put on probation or suspended, the licensing board might ask you to complete more training and pass a test. This test could be written, spoken, or hands-on, and you might have to pay a fee for it.
The board, in its discretion, may require a licensee or registrant whose license or registration has been placed on probation or whose license or registration has been suspended, to obtain additional professional training and to pass an examination upon completion of that training and to pay any necessary examination fee. The examination may be written, oral, or a practical or clinical examination.
probation suspension professional training
Section § 4990.38
This law allows the board to deny, suspend, or revoke licenses or registrations for professions related to therapy, social work, and counseling if there's a disciplinary action from any state or governmental agency. Such actions, like license suspension or restrictions, are considered unprofessional conduct. A certified copy of the disciplinary decision is enough proof of this action.
The board may deny an application or may suspend or revoke a license or registration issued under the chapters it administers and enforces for any disciplinary action imposed by this state or another state or territory or possession of the United States, or by a governmental agency on a license, certificate or registration to practice marriage and family therapy, clinical social work, educational psychology, professional clinical counseling, or any other healing art. The disciplinary action, which may include denial of licensure or revocation or suspension of the license or imposition of restrictions on it, constitutes unprofessional conduct. A certified copy of the disciplinary action decision or judgment shall be conclusive evidence of that action.
license denial license suspension license revocation
Section § 4990.40
If someone with a professional license in this field is found to have had sexual contact with a patient, or with a former patient if the relationship ended just to have that contact, their license must be taken away. This decision follows specific government procedures and cannot be paused or stopped once made.
The board shall revoke a license or registration issued under the chapters it administers and enforces upon a decision made in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact, as defined in Section 729, when that act is with a patient or with a former patient when the relationship was terminated primarily for the purpose of engaging in that act. The revocation shall not be stayed by the administrative law judge or the board.
license revocation sexual contact professional misconduct
Section § 4990.42
This law section states that any actions or procedures related to this article need to follow the rules set out in a specific part of the Government Code. That part starts with Section 11500 and outlines how these proceedings should be handled.
The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
Government Code Chapter 5 Section 11500
