Business and Professions Code sections 4982.15 and 4990.34 provide the Board of Behavioral Sciences (Board) with the authority to place a licensee or registrant who has been subject to discipline on probation.
The Uniform Standards Related to Substance Abuse and Disciplinary Guidelines, which are incorporated by reference into California Code of Regulations, Title 16, Division 18, section 1888, provide the guidelines that Administrative Law Judges and Board members will consider when placing a licensee or registrant on probation and when imposing the terms and conditions of probation. The Disciplinary Guidelines apply to all disciplinary matters, and the Uniform Standards Related to Substance Abuse only apply to disciplinary cases if the conduct is found to be a violation involving drugs and/or alcohol.
The Board members have the final decision in all Board disciplinary matters. Once the Board members adopt their final decision placing a licensee or registrant on Board probation, the licensee’s or registrant’s probation starts on the effective date of the final decision (Note: If any part of Board’s Order is stayed by the Board or the Superior Court, then the probation term starts on the date that the entire disciplinary action is implemented).
Purpose of Probation
The purpose of the Board’s probation program is to ensure consumer protection by actively monitoring and ensuring a licensee’s or registrant’s compliance with all terms and conditions of their probation. Board probation provides an opportunity for probationers to do the following:
- Demonstrate to the Board that they are safe to practice with the public;
- Engage in rehabilitation efforts (as applicable) to support and ensure safe practice;
- Practice as a licensee or registrant in a professional manner with restrictions and guidance to prevent future occurrences; and,
- Participate in educational opportunities regarding their professional responsibilities, requirements, and/or standards.
After the final decision is adopted and the licensee or registrant is placed on probation, the case is assigned to a Probation Analyst within the Board’s Discipline and Probation Unit. The assigned Probation Analyst then schedules an orientation meeting with the probationer to discuss the terms and conditions of probation, outline next steps, and answer probation-related questions. This meeting is required, and is conducted either in-person, on the telephone, or via video conferencing.
Throughout the probation period, the assigned Probation Analyst monitors the probationer’s compliance with all terms and conditions of probation. If a probationer fails to comply with the terms and conditions of probation as required, then the Board may pursue further disciplinary action against the licensee or registrant.
Upon successful completion of probation, the license or registration is fully restored.
- Acknowledgement of Receipt
- Billing Monitor Verification
- Notification of Addresses
- Quarterly Report
- Quarterly Report Instructions
- Remedial Education Plan