Case library  /  Records, confidentiality and the file

The address of record

In short

License surrendered

Surrendered

A separate, chargeable violation for not telling the Board where you are.

License typeLMFT
EffectiveApril 4, 2024
Case numberNot stated in the newsletter
Why this case is here

The shortest case in the library, and the structural reason so many of the others contain a failure-to-cooperate count.

What happened

The accusation charged gross negligence and failure to cooperate with the Board's investigation — and, as its own separate count, failure to maintain a current address of record with the Board.

The license was surrendered.

What it was charged as

16 CCR §1804

Failure to maintain a current address of record with the Board.

B&P §4982(d)

Gross negligence.

16 CCR §1845, via §4982(e)

Failure to cooperate with the investigation.

The outcome

License surrendered.

No cost recovery stated in the order

What the rule actually says

16 CCR §1804 requires every licensee and registrant to keep a current address of record on file with the Board, and it is the address the Board uses to serve you. This is the shortest case in the library and it is here for a structural reason: an accusation served on a stale address is still served. The failure-to-cooperate count in most of these files begins with letters that went to an address the licensee had moved out of.

Discussion

Analysis, not part of the decision

There is almost nothing to this decision, and that is why it is here. Alongside the substantive charges sits a separate count for failing to maintain a current address of record with the Board. Title 16 §1804 requires it, and it is the address the Board uses to serve you.

Follow the consequence. An accusation served on a stale address is still served. The clock on a response runs whether or not the envelope reached a human being. Read the failure-to-cooperate counts across the rest of this library and a striking number of them begin with correspondence sent to an address the licensee had moved out of — not with a decision to stonewall.

It is a fifteen-minute administrative task that quietly determines whether you get to participate in your own case.

Where insurance reaches, and where it does not

Nothing to insure and nothing to defend. Worth noting that several therapist policies also require notice to the insurer at your current address, and a missed renewal notice is how claims-made coverage lapses.

Compare what each program actually covers →

What would have changed it

  • Update your address of record within 30 days of moving, in the BreEZe system, and separately from your public practice address.
  • Do the same with your malpractice carrier and, if you are an associate, with your supervisor of record.

Questions

For a law and ethics seminar, or for yourself

  1. What is the practical difference between a licensee who refuses to answer the Board and one who never received the letter? Does the record distinguish them?
  2. List every entity that needs to be told when a therapist moves office, and the deadline for each.
  3. Why does the Board make the address a licensee's duty rather than attempting service by other means?

Source. This write-up is drawn from the signed public decision in the case number above. Names, cities and employers have been removed — why. To pull the original, open the Board's quarterly newsletter archive, find the issue covering April 4, 2024, and match the case number in the Formal Disciplinary Actions section. Not legal advice.

Figures checked, narrative not re-read

The numbers are current. The argument around them has not been reviewed since it was written.

You should not have to work this part out on your own.

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