CALL FOR CONSULTATION
(619) 237-6130
Nicole Irmer | Posted in Therapy Licenses on March 20, 2026
Licensed therapists in California have a duty to maintain clear ethical boundaries with their clients. Even a well-intentioned action can lead to an allegation of professional misconduct if it crosses professional lines. For this reason, understanding dual relationships and boundary violations is essential to protecting your California therapy license.
The California Board of Behavioral Sciences (BBS) aggressively investigates complaints involving boundary issues. Whether you are a Licensed Clinical Social Worker (LCSW), a Licensed Marriage and Family Therapist (LMFT), a Licensed Professional Clinical Counselor (LPCC), or an Associate, a single misstep can trigger a formal investigation. It may also lead to disciplinary action, such as probation, suspension, or license revocation.
At the Law Offices of Nicole Irmer, we offer proactive legal representation to mental health professionals, including therapists and counselors. We understand how devastating an allegation of professional misconduct can be, and we work hard to help you get the best possible outcome given the circumstances of the matter. Contact our law firm to schedule a confidential consultation with a seasoned California healthcare professional license defense attorney.
A dual relationship occurs when a therapist has more than one type of relationship with a client, whether it occurs concurrently or sequentially. The professional therapeutic relationship can become complicated when there is an additional personal, social, financial, or business relationship. A dual relationship can be considered a boundary violation in some situations.
There are many different examples of dual relationships, such as:
Not every dual relationship is automatically unethical. However, if the additional relationship harms the client, impairs professional judgement, or increases the risk of exploitation, it may violate both California law and professional ethics codes.
The BBS has a zero-tolerance policy for any type of sexual misconduct. California law prohibits any sexual contact between a therapist and a current client. Even after the therapeutic relationship has ended, sexual relationships with former clients can lead to discipline if the therapist exploits the prior therapeutic relationships.
The BBS will fully investigate these types of dual relationships, which may include interviewing clients, reviewing documentation, analyzing termination procedures, and subpoenaing treatment records. Even consensual romantic or sexual relationships can result in license revocation if they arise from an exploitation of the therapeutic dynamic.
For therapists working in smaller communities, the risk of dual relationships is often higher. A therapist in a small town might see clients at community events, schools, religious institutions, or even when at the grocery store. When dual relationships are impossible to avoid, therapists should consider the risk of impairment to their professional judgment, their ability to maintain confidentiality, the potential harm to the client, and whether a referral would be a better option.
A dual relationship is considered a boundary crossing, with the potential to become a boundary violation. The distinction between the two is important in the context of both professional ethics and best practices for mental health professionals.
A boundary crossing is a departure from traditional therapeutic norms that may be clinically appropriate in certain situations. For example, accepting a small, appropriate gift might be considered a boundary crossing. It isn’t inherently unethical, but it should be thoughtfully considered and well-documented.
By contrast, a boundary violation occurs when a therapist exploits the therapeutic relationship or engages in conduct that either harms or risks harming the client. Examples of boundary violations may include:
Boundary violations, including dual relationships, often form the basis of disciplinary complaints before the California BBS.
In the modern era, many therapists find themselves in an ethical gray area when it comes to digital communication and social media. There are many boundary-crossing issues that can arise in this context, including accepting social media friend requests from clients, direct messaging with clients outside of session, and viewing or commenting on clients’ personal social media posts.
In California, therapists are expected to maintain the same professional boundaries online as they are required to do in person. If you wouldn’t strike up a friendship with a client in real life, then you also should not become friends on social media. Establishing a clear social media policy can help to mitigate the risk of this type of boundary crossing.
While not every boundary crossing is an ethical issue, therapists should be aware that crossing these lines has the potential to lead to a complaint. Below, we explore how therapists and counselors can protect their professional licenses from allegations of dual relationships and boundary violations.
If a complaint is filed with the BBS, documentation of the therapist-client relationship becomes critical evidence. For this reason, strong documentation is vital to reduce the risk of professional discipline related to dual relationships and boundary violations.
A therapist’s documentation should clearly reflect treatment goals, discussions about informed consent, the clinical rationale for any therapeutic decisions, any boundary-related considerations, and termination processes. If there is a potential issue related to a dual relationship, documentation should also include a risk assessment and notes on any consultations with other experts related to the possible boundary violation.
Strong documentation is the best defense against allegations of dual relationships and boundary violations. If you can demonstrate through contemporaneous notes and records that your decisions were based on what was best for the client, that can be incredibly useful when it comes to defending yourself against any BBS allegations.
If a complaint is filed by a client, former client, or another person, then the disciplinary process will start with an initial review by the BBS. The BBS may close the complaint without further investigation, or it may request a written response. If the BBS believes that the complaint has merit, an investigator will likely conduct interviews and subpoena treatment records.
In some circumstances, the complaint may be resolved informally, such as through a citation and fine. The BBS may file a formal accusation if it believes that a dual relationship/boundary violation has occurred. An accusation may lead to formal, public discipline, such as probation, license suspension, or license revocation.
When investigating allegations of dual relationships/boundary violations, BBS investigators will often consider facts such as the client’s vulnerability, any evidence of exploitation, the timing of the additional relationship, and the power dynamic. Documentation of informed consultation and consultation is often key evidence in these cases.
For California licensed therapists, the best way to protect your license is through maintaining professional distance, obtaining and documenting informed consent, consulting with a colleague, supervisor, or ethics expert regarding any potential issues, and establishing and documenting termination procedures. Ongoing ethics training can also help to keep you abreast of current standards.
If you are contacted by the California BBS regarding a complaint, do not ignore the notice, alter any records, or contact the complainant directly. Instead, you should consult with an experienced California professional license defense attorney immediately. Your lawyer can help you with a written response and prepare a proactive strategy that is designed to protect your license and your livelihood.
Dual relationships and boundary violations are among the most common reasons for disciplinary action against therapists in California. Although not every dual relationship is considered unethical, engaging in these types of boundary crossings can risk your therapy license. Maintaining professional boundaries, documenting carefully, and seeking help from a California therapist license defense attorney when necessary can help you protect your license.
At the Law Office of Nicole Irmer, we offer skilled, compassionate legal representation to mental health professionals throughout California. We will put together a strong, multi-pronged defense to any allegations of boundary violations or dual relationships, working to get you the best possible outcome. To learn more or to schedule a confidential consultation with a California professional license defense lawyer, give us a call at (619) 237-6130 or click here to schedule an appointment.