Case Result: Mental Health Counselor Accused of Practicing Below Standard of Care in Behavioral Analyst Training

Professional:
Licensed Mental Health Counselor

Primary issue:
Client is a licensed mental health counselor and licensed marriage and family therapist. Her primary job was to train and administer the “live” portion of the Behavioral Analyst Certification Board (BACB) examination for those who wished to obtain BACB certification as a behavioral analyst. Client was certified through the BACB to provide this type of training.

The BACB board revoked client’s certification when, upon review of her program, the BACB determined she fell below the standard. The board alleged that her training was insufficient or poor, given that most of her trainees were unable to meet the standards for final examination with the BACB. As a result, the Florida Department of Health (DOH) initiated an investigation against her on the basis that “she had been disciplined by another entity” and that she was practicing below the standard of care.

Argument:
Our Florida health care license defense lawyers asserted that there is truly no basis for the allegations of practicing below the standard of care. Additionally, we contended, the statute giving the DOH the right to discipline because of prior discipline by another licensing entity, may not apply to actions by the BACB.

Result:
The case was dismissed without any finding a probable cause. Both of client’s licenses remain intact.

Areas of Law:
Florida Department of Health Investigations & Complaints
Mental Health Professionals

Disclaimer:
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar.

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