The mental health profession can be an incredibly rewarding one, but also one that carries significant emotional weight, given the kinds of issues and traumas that patients, couples, or families may be facing. It takes a special person to devote their professional life to helping others reduce anxiety, take steps to move on from hurt, resolve past transgressions, and explore self-healing.
Professionals practicing in Colorado under the umbrella of mental health fall into the following designations:
- Licensed Professional Counselor (LPC)
- Licensed Clinical Social Worker (LCSW)
- Licensed Addictions Counselor (LAC)
- Licensed Marriage and Family Therapist (LMFT)
- Licensed Psychologist (PSY)
In all types of mental health counseling, there is the risk of a misunderstanding, a disappointed or disgruntled patient, blurred lines between patient and provider, the possibility of continuing the patient-provider relationship for too lengthy of a period, or the potential for erroneously offering advice outside of your area of specialty.
No legitimate Licensed Professional Counselor sets out to purposely cross boundaries or violate rules, laws, or regulations related to their practice, but the reality is that even the most experienced and respected counselors and therapists do make mistakes from time to time. And all it takes is one error to put an end to an otherwise successful career.
This is where the Professional License Defense Team at the Lento Law Firm comes in. We understand that upstanding professionals sometimes make questionable decisions or accidental mistakes and that doing so doesn't mean you should necessarily have your license suspended or revoked, be put on probation, incur fines, or have your good reputation tarnished. We are experienced in representing healthcare professionals, including Licensed Professional Counselors, nationwide before licensing authorities and negotiating with them on our clients' behalf.
To learn how we can help you seek a positive outcome if you are facing possible suspension or revocation of your Colorado Professional Counseling License, contact the Professional License Defense Team at the Lento Law Firm today at 888.535.3686 or reach out through our online response form.
Protect Your Professional Counseling License at All Costs
As a Licensed Professional Counselor, you are aware that your practice is regulated by the Colorado Division of Professions and Occupations. When a violation occurs, it is this body that is responsible for upholding the statutes outlined in section 12-245-224 of Colorado's Mental Health Practice Act.
Prohibited activities for license holders include:
- Being convicted of a felony related to your practice as a counselor or therapist.
- False advertising or advertising is the practice of prohibited services.
- Abusing health insurance.
- Abusing or habitually using controlled substances or habit-forming drugs, including alcohol.
- Failing to notify the Board of a condition, illness, or disorder that affects your ability to practice safely.
- Failing to act in a way that doesn't meet the generally accepted standards of your professional discipline.
- Performing services outside your area of training or experience.
- Having relationships with clients that could increase the risk of exploitation, like treating relatives, employees, or close colleagues.
- Exploiting a client for financial gain, like promoting the sale of certain services or drugs.
- Continuing to see a client after it's clear that the client is no longer benefitting and won't in the future.
- Not referring a client to a more appropriate practitioner, if needed.
- Not adequately supervising those practicing under you.
- Receiving or offering commissions or discounts in exchange for referrals.
- Engaging in sexual contact with a client.
- Using fraud or deception in taking your exam or securing your license to practice.
- Ordering unnecessary tests or studies.
- Administering any unnecessary treatment.
- Using or recommending any therapy techniques similar to “rebirthing,” which involves restraints that could cause a patient to become physically injured or killed.
- Practicing conversion therapy with anyone under 18.
- Making incorrect or nonessential entries in patient records.
- Committing insurance fraud.
- Failing to respond to a complaint filed with the Board.
- Other violations.
As you can see, practicing mental health counseling carries significant risk and little room for error. This is understandable, but so is the fact that counselors and therapists are humans, too, and as such, they deserve the opportunity to explain and rectify errors when they happen and to defend themselves when falsely accused.
Some of the problematic behaviors listed above are fairly obvious transgressions, like having sex with clients or fraudulently obtaining your license. However, others have more gray areas around them, as is the case with failing to adequately supervise someone practicing under you or not referring a client to a more appropriate practitioner. There's a lot of room for interpretation in several prohibited behaviors.
Yet even in the most straightforward prohibited behavior, clinicians deserve a chance to understand the accusations against them, seek clarification, retain legal support, and defend their actions.
We Defend Colorado Licensed Professional Counselors (LPCs)
We also know that, without a skilled attorney who has experience advising clients through investigations, a mental health professional's career can be cut short because of preventable mistakes made in the process.
Our attorneys are ready to come to your defense whether you practice counseling in Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Westminster, Pueblo, Greely, Durango, or any other city or town in the Centennial state.
Take the first step to preserving your Colorado license to practice social work, addictions counseling, marriage and family therapy, psychology, and other professional counseling disciplines by calling 888-535-3686 or completing this contact form now.
When Someone Files a Complaint Against an LPC in Colorado
Patients can file complaints if they believe their counselor or therapist may have violated Colorado's Mental Health Practice Act, discussed above. A patient would submit a complaint online to the Colorado Division of Professions and Occupations in Denver. Complainants are asked to provide as much detail as possible, including required documentation. In addition to providing their information (anonymous complaints are accepted but not encouraged) and your information and area of practice, patients are prompted to provide:
- A chronological account of what took place, including dates and locations.
- Names and contact information for witnesses.
- Any corresponding police case numbers or reports.
- Supplemental documentation, which might include witness statements, correspondence, medical records, billing, second opinions, news articles, or contracts.
- Information about whether they have retained an attorney relevant to the complaint or have filed a related complaint with another agency.
- The nature of the complaint. This could fall under the following:
- Substandard practice
- Mental/physical disability
- Non-compliance with a Board order
- Overutilization
- Unlicensed practice
- Abuse of client/patient
- Criminal conviction
- Addiction to drugs/alcohol
- Misdiagnosis of condition/problem
- Sexual contact with client/patient
- Poor communication
- Failure to release records
- Fraud
- Diversion (drug)
- Failure to properly or accurately complete Health Professional
- Profile Program (HPPP) information
- Improper prescriptions
- Client abandonment
- Documentation issues
- Inappropriate care of child client/patient
- Other
After the Division of Professions and Occupation Receives a Complaint
After a patient files a complaint, a copy will be sent to you. You'll be given 30 days to review it and provide a written response. Once you do, both the complaint and your response will be reviewed by the Colorado State Board of Licensed Professional Counselor Examiners – usually at its next regularly scheduled meeting. Here, they will review the documents to decide whether you violated any statutes, regulations, or policies. At this point, the Board may resolve the complaint or decide to further investigate it. If the latter, they could refer it to the Office of Investigations.
This isn't a process that you have to go through alone, without legal help. As a professional practitioner yourself, you know the importance of individuals seeking out expert help when appropriate. This would be an example of that. As your legal team, the Professional License Defense Team at the Lento Law Firm would be with you as you review and respond to the complaint, advising you and helping you draft a strong response.
If your complaint is referred to the Office of Investigations, which is a program within Colorado's Department of Regulatory Agencies under the Division of Professions and Occupations, you may receive a letter, or you may be contacted first by an investigator. The investigator will begin fact-finding, reviewing the complaint and response, and potentially retaining an expert consultant to assist in the review.
Following this, the investigator will submit a written report to the Colorado State Board of Licensed Professional Counselor Examiners. The report cannot include recommendations on disciplinary actions. This process can take at least 180 days, but sometimes more time is needed. The Board may need to wait for more information to be gathered about your case or for criminal or civil litigation to conclude, if applicable.
If the Board Clears You of Any Violations
The Board could dismiss your case if:
- The complaint doesn't contain sufficient information to investigate whether there has been a violation of a professional practice act, law, or regulation.
- The complaint is outside its jurisdiction. For example, if the complaint pertains to a billing issue, co-worker dispute, or contractual issue, this would be outside the purview of the Board.
If the Board Finds a Violation
If the Board decides that you have indeed violated a policy or law, your disciplinary case will be referred either to the Office of Expedited Settlement (ESP) to be settled or the Office of the Attorney General (OAG) for formal charges to be filed, since the Board's only authority is administrative, related to your licensure.
In the latter instance, you will have a hearing before an administrative law judge, where it is strongly advised that you have legal representation as you testify in your defense and answer questions about evidence presented. At the end of the hearing, the judge will issue an initial decision and recommended sanction, which may include:
- A letter of admonition
- A confidential letter of concern
- Probation
- Denial, revocation, or suspension of your license
- An administrative fine (not to exceed $5,000 per violation)
- A cease-and-desist order
- Other disciplinary actions
You have the right to challenge the judge's decision by filing an exception with the Board, asking that they reverse or amend the decision. If you are unhappy with the Board's decision, you have a final opportunity to appeal.
When Your Professional Reputation Is on the Line
Regardless of the severity of punishment from the state licensing authority, when a professional is alleged to have violated the law and is investigated, this experience can be incredibly intrusive and embarrassing and have long-term effects on one's professional and personal life.
A practitioner's name and demographic information, as well as any disciplinary information related to their license, is publicly available online. This would include your case number, a Public Action Description, the effective date of discipline, and the end date, if applicable.
At times, this process understandably feels overwhelming, and it can be tempting to succumb to the emotional toll of it all and give up. But don't forget how incredibly hard you've worked to get where you are and how much you've sacrificed and grown in the process. Your license is your livelihood, and it's absolutely worth doing everything you can to protect it. You have legal options, and we can work through them with you.
Call the Lento Law Firm's Professional License Defense Team Today
If you are on the receiving end of an allegation threatening your license to practice mental health counseling or therapy in Colorado, know that the Lento Law Firm's Professional License Defense Team is passionate about protecting Licensed Professional Counselors nationwide and working with licensing authorities to secure the most favorable results possible.
We staunchly believe in your due process rights, and we are ready to stand by you as a strong advocate and negotiator. We routinely work with state regulatory authorities, and we want to be a part of your winning team.
Call the Lento Law Firm at 888-535-3686 or contact us online with your situation, and we will reply as soon as possible so we can get to work.
