____________________________________________ Professional Ethics and Law in California, 2nd Edition
‒ Enforcement: The Board investigates consumer complaints and imposes disciplinary action against licensees and registrants who violate the law. ‒ Statutes and regulations: The Board develops statutes and regulations targeted at ensuring competency in the mental health profession and protecting consumers. The Board is composed of 11 members: six public members, two licensed clinical social workers, one licensed educational psychologist, and two marriage and family therapists. Nine members are governor appointed. The Speaker of the Assembly appoints one, and the Senate Committee on Rules appoints another (CA Board of Behavioral Sciences, 2023). The Board collaborates with various mental health agencies and organizations to promote greater consumer awareness and improved access to mental health services. Through its out- reach program, the Board disseminates valuable information to consumers, licensees, registrants, and students, covering topics such as consumer rights, California licensing prerequisites, and other pertinent activities of the Board. Although the law is more rigidly systematized than a profes- sional code of ethics and violations of the law carry more serious consequences than violations of professional values, it can be seen to overlap with codes of ethics and with profes- sional values. PROFESSIONAL ASSOCIATIONS AND SOCIETIES LCSW: National Association of Social Workers—California Chapter (NASW) National Association of Social Workers—National American Board of Examiners in Clinical Social Work Association of Social Work Boards (ASWB) California Society for Clinical Social Work (CSCSW) LMFT: California Association of Marriage and Family Thera- pists (CAMFT) American Association for Marital and Family Therapy (AAMFT) LPCC: California Association for Licensed Professional Clini- cal Counselors (CALPCC) American Counseling Association (ACA) LEP: California Association of School Psychologists (CASP) BOARD OF BEHAVIORAL SCIENCES STATUTES OF REGULATIONS DEFINITIONS (2023) (a) “Board,” as used in this chapter, means the Board of Behavioral Sciences.
INTRODUCTION In practicing a profession, three interrelated but distinct areas come into play: professional values, ethics, and the law. Although all three areas are related to one another, sometimes they can conflict with one another. Sometimes, also, values can conflict with other values, as can ethics. When ethics conflict, an ethical dilemma results. When professional values conflict with professional ethics, the organized and generally agreed-upon framework of an ethical code is vital. When ethics and the law collide, it may be necessary to consult the relevant professional organization. THE LAW AND MENTAL HEALTH Among the laws and regulations of the State of California are the Statutes and Regulations Relating to the Practices of Pro- fessional Clinical Counseling, Marriage and Family Therapy, Educational Psychology, and Clinical Social Work (California Board of Behavioral Sciences, 2023). Most of these laws fall under the Business and Professions codes, though some fall under the Penal and Family Codes. Article 1 (Regulation), Section 4980.399, for example, requires that each applicant and registrant pass a board-administered California law and ethics examination to qualify for licensure, and a registrant must pass the examination before registration renewal. The Board of Behavioral Sciences (BBS) is a California state regulatory agency, responsible for licensing, examination, and enforcement of professional standards for: 1. Licensed marriage and family therapists (LMFT) and associates (AMFT) 2. Licensed clinical social workers (LCSW) and associates (ASW) 3. Licensed professional clinical counselors (LPCC) and associates (APCC) 4. Licensed educational psychologists (LEP) The mission of the BBS is to protect Californians by promoting consumer awareness, advocating for improved mental health services, and setting, communicating, and enforcing standards. In addition to regulating LMFTs, LCSWs, LPCCs, and LEPs, the Board regulates the following: marriage and family thera- pist interns (IMFs), associate clinical social workers (ASWs), continuing education providers (PCEs), and MFT referral services (MRFs). The Board of Behavioral Sciences protects consumers in several ways: • Examination: The Board constructs written examinations for each of its licenses, ensuring any individual holding a license passes an examination testing for competency.
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