Mental health professionals in Alaska face significant challenges, such as workforce shortages, geographic isolation, cultural sensitivities, and the need for culturally competent care. Alaska faces a severe shortage of mental health professionals, particularly psychiatrists, making it difficult for people to access timely care. Social and geographic isolation can exacerbate mental health issues and make it harder for people to seek help. In this environment, licensed mental health professionals become even more valuable.
Why Do Alaska Mental Health Providers Lose Their Licenses?
Numerous Alaska mental health practitioners lose their licenses each year. The reasons range from unprofessional conduct and professional incompetence to substance abuse and criminal behavior. Some mental health practitioners are simply victims of circumstance. To safeguard their professional licenses in Alaska, mental health practitioners should prioritize ethical conduct, maintain professional standards, and engage in ongoing professional development, including ethics training, to avoid disciplinary action.
When facing threats to your mental health professional license, don't be afraid to seek advice. The Lento Law Firm's experienced professional license defense attorneys are here to offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535 3686. We will aggressively defend your professional license and ensure your continued ability to serve your clients.
Exhibiting inappropriate personal boundaries is among the fastest routes to losing your professional license. Therapists who have sexual contact with or make sexual advances toward patients can have their licenses promptly revoked. Likewise, therapists who pressure patients to get involved with another personal or professional venture or business of theirs unrelated to therapy create red flags. Therapists must avoid crossing personal and professional boundaries in any way and refrain from engaging in relationships with clients that could compromise professional judgment.
Therapists who violate patients' confidentiality by sharing identifying and clinical information about them with anyone except a direct supervisor or clinical team member will likely lose their licenses. Other problematic practices include therapists who abandon patients by stopping services abruptly without giving patients notice, and therapists who offer a service they aren't qualified or trained to provide (such as medical treatment or advice). Likewise, therapists who offer experimental services put their licenses at risk. Finally, therapists who say things or take actions toward patients that are overtly discriminatory (based on race, religion, gender, or sexual orientation) jeopardize their professional licenses.
What is the Alaska State Agency that Regulates Mental Health Professionals?
The Alaska Board of Professional Counselors (ABPC) is the state agency that regulates and licenses mental health professionals in Alaska. The Board is part of the Division of Corporations, Business, and Professional Licensing. The ABPC regulates mental health practitioners by establishing licensing standards, identifying those who meet these standards, administering licensing examinations, disciplining professionals for violations, and requiring continuing education to maintain skills and knowledge.
- The ABPC establishes licensing standards, including educational and experience requirements, for obtaining a license to practice professional counseling in Alaska.
- The Board reviews applications to ensure qualified individuals meet the established licensing criteria.
- The ABPC administers the necessary examinations, such as the National Counselor Examination for Licensure and Certification (NCE), to assess applicants' knowledge and skills.
- The ABPC has the authority to take disciplinary action against licensed professionals who violate the statutes or regulations governing the practice of professional counseling.
- The ABPC requires licensed counselors to complete continuing education to maintain their skills and knowledge, ensuring they stay current with best practices in the field.
- The Board approves supervisors and requires a certain amount of supervised experience for licensure.
- The Board adopts a code of ethics that licensed counselors must adhere to.
The Alaska Board of Psychologists and Psychological Associate Examiners is responsible for awarding licenses to eligible psychologists.
Why Does the ABPC Discipline Licensed Mental Health Practitioners?
The ABPC is considered a strict disciplinarian for licensed mental health professionals in Alaska, with the authority to take disciplinary action for violating licensing laws, regulations, rules, or ethical standards. Such actions include reprimands, censure, probation, and even license revocation. This can happen for failing to complete continuing education requirements, among other violations.
Reasons for disciplinary action:
- Continuing education: Not completing the required continuing education hours by the renewal deadline
- License renewal: Practicing without a valid license
- Ethical violations: Engaging in dual relationships, breaching confidentiality, or using unethical billing practices
Possible disciplinary actions include late fees, license suspension or revocation, financial penalties, and probation with license limitations.
How the process works:
- An investigating officer investigates a complaint
- The investigating officer may ask for more information from the complainant or others with knowledge of the complaint
- If the investigation finds a violation, the ABPC may take disciplinary action
- The ABPC adopts regulations to implement laws governing the practice of professional counseling in Alaska.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed Alaska mental health professional, you are a potential target for identity thieves. In Alaska, identity theft can significantly affect your professional mental health license by potentially leading to investigations into alleged misconduct, license suspension, or denial if someone uses your personal information to commit fraudulent acts related to mental health practice, such as filing false insurance claims, providing unauthorized treatment, or creating a fake patient record under your name. This underscores the importance of being vigilant and protecting your personal information.
Identity theft is a crime that occurs when someone uses your personal information without your permission to commit fraud or other crimes, most commonly to obtain access to credit in your name. Identity theft is often a silent crime. Experienced identity thieves may use your information for months—even years—while you remain unaware. Knowing how to guard your personal information is your first defense against identity theft.
If someone uses your identity to commit a crime or engage in misconduct, your license could be investigated or even suspended. Identity theft can lead to fraudulent activities, such as illegally using your credentials to obtain services or payments, resulting in disciplinary action against you.
The ABPC can impose disciplinary sanctions, including suspension, fines, or license restrictions, if it finds evidence of deceit, fraud, or intentional misrepresentation by a licensee. If someone uses your identity to provide substandard or negligent patient care, your license could be investigated, and sanctions may be imposed.
If someone uses your identity to obtain supervised experience hours fraudulently, this could jeopardize your ability to obtain or maintain licensure. Finally, in severe cases, identity theft can lead to the suspension or revocation of your license if the ABPC finds that the licensee has engaged in fraudulent or illegal activities.
To protect yourself from identity theft, you can actively search for your name and license number to see if someone is using it to market or sell mental health services without your permission.
Investigation Process for Licensed Mental Health Professionals
The ABPC investigation process for licensed mental health professionals involves receiving complaints against a counselor, conducting a preliminary review to determine if further investigation is needed, potentially opening a formal investigation with interviews, document review, and expert consultation, and ultimately deciding whether to take disciplinary action based on findings.
Key points about the ABPC investigation process:
- Complaint Filing. Individuals can file a complaint with the ABPC against a licensed practitioner alleging unethical conduct or practice violations.
- Preliminary Review.The Board staff will initially review the complaint to assess its credibility and determine if it warrants further investigation.
- Formal Investigation.If a complaint is deemed credible, a formal investigation may be initiated, including:
- Contacting the Complainant: Gathering detailed information from the person who filed the complaint.
- Contacting the Counselor: Requesting a statement from the practitioner regarding the allegations.
- Document Review: Examining relevant records like case files, clinical notes, and licensing documentation.
- Witness Interviews: Conducting interviews with potential witnesses who may know the situation.
- Expert Consultation: Consulting with other licensed professionals in the field to assess the practitioner's actions.
- Disciplinary Actions.Depending on the investigation findings, the ABPC may take disciplinary actions against the practitioner, including:
- Reprimand: A formal warning issued to the practitioner.
- Probation: A period where the practitioner's practice is monitored with specific conditions.
- License Suspension: Temporary suspension of the practitioner's license to practice.
- License Revocation: Permanent removal of the practitioner's license to practice.
- Important Considerations:
- Confidentiality.The ABPC must maintain confidentiality regarding the investigation process and the individuals' identities involved.
- Reporting Requirements.The ABPC may be required to report specific disciplinary actions to other relevant agencies, including the national counselor licensing board.
Due Process for an ABPC Mental Health Professional Investigation
The ABPC follows due process, which includes providing notice and a hearing when investigating complaints against licensed mental health professionals.
Licensed mental health professionals are entitled to administrative due process, which is less formal than the due process afforded to those accused of criminal offenses. Licensees must report disciplinary actions taken by other licensing jurisdictions, healthcare entities, or law enforcement agencies to the ABPC within 30 days.
What are the Consequences of an ABPC Mental Health Professional Investigation?
A mental health professional investigated by the ABPC could face serious consequences, including losing their license to practice.
- License suspension or revocation: The ABPC may suspend or revoke a mental health professional's license to practice.
- Damaged reputation: False or unfounded complaints can harm a therapist's career and reputation.
- Emotional impact: The process can be emotionally taxing for all parties involved.
Common Ethical Violations
Some common ethical violations by licensed counselors include engaging in dual relationships, breaches of confidentiality, unethical billing practices, sexual relationships, and client abandonment.
Having a complaint filed against you should not be treated lightly. False or unfounded claims can unjustly ruin your career and reputation.
What Happens If You Lose Your Professional License?
If the ABPC investigates you and you lose your license, you may face penalties such as suspension, fines, or probation. You may also be required to complete continuing education or undergo treatment.
Penalties
- License suspension: Your license may be suspended for a set or indefinite period
- Fines: You may be required to pay a monetary fine
- Continuing education: You may be required to complete additional training
- Probation: The Board may monitor you for a set period
- Supervision: You may be required to work under the supervision of another licensed professional
- Reprimand: You may receive a formal reprimand
You can consult the Lento Law Firm Professional License Defense attorney to help you navigate the disciplinary process. A lawyer can evaluate the complaint, advise you on your options, gather evidence in your defense, negotiate with the Board, and defend you in a hearing. It's essential to hire a lawyer early in the process.
Why Hire the Lento Law Firm Professional License Defense Attorney?
ABPCrules can be intricate. Still, the Lento Law Firm attorney with experience in mental health licensing matters can efficiently navigate the formal complaint process, including hearings and appeals. If the complaint involves potential license suspension or revocation, our attorneys can advocate strongly to minimize the impact on your ability to offer mental health services.
The Lento Law Firm defense attorneys can help mental health professionals under investigation by the ABPC navigate in several ways, including:
- Defending against allegations: Our attorneys can help you defend yourself against misconduct.
- Obtaining a favorable outcome: Our attorneys aim to help you win a favorable outcome, which may be less expensive at the inquiry stage than at a formal hearing.
- Working out a resolution: The Lento Law Firm has a good working relationship with the ABPC and can often work out a resolution without a formal hearing. Mental health professionals can discuss their situation with the Lento Law Firm professional license defense attorney to decide whether to obtain legal representation.
If you face threats to your mental health professional license, talk to an experienced Lento Law Firm Professional License Defense attorney who can help quickly prepare an effective strategy. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686. We dedicate ourselves to defending your professional license and ensuring your continued ability to serve your clients.
