As a mental health practitioner in Arkansas, you depend upon your professional license. It protects the public and ensures that only qualified practitioners control the field. It also allows licensed professionals to obtain insurance plans, making their services accessible to more patients.
It's crucial to remember that numerous Arkansas mental health practitioners lose their licenses each year. Some violate confidentiality, others fail to report abuse, and still others are victims of circumstance. This is a critical check on the importance of maintaining professional conduct. The consequences of losing your license can be severe, affecting your career and your ability to serve those in need. By being more professional and transparent, documenting your actions, and keeping more thorough records, you can rise above these problems and uphold the merits of your profession.
If you face threats to your mental health professional license, do not try to navigate this matter alone. The experienced Lento Law Firm 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 are dedicated to defending your professional license and ensuring your continued ability to serve your clients.
Reasons You Can Lose Your Professional License
Mental health professionals in Arkansas can lose their licenses for many reasons, including violating confidentiality, failing to report abuse, and other misconduct.
Sharing patient information without authorization or being careless is one way to lose your professional license. The Health Insurance Portability and Accountability Act (HIPAA) requires patients' authorization before sharing protected health information (PHI).
In Arkansas, patients can revoke their authorization to release their information in writing at any time. The Arkansas Psychology Board can take disciplinary action against a mental health professional who shares patient information without authorization.
Failure to report suspected abuse of a patient in Arkansas can also lead to losing your professional mental health license since it is considered a violation of professional ethics and state law, potentially resulting in disciplinary actions. Mental health professionals in Arkansas are generally considered “mandated reporters,” meaning they are legally required to report suspected abuse or neglect of vulnerable individuals, including patients. If a mental health professional fails to report suspected abuse, they could face disciplinary actions from the licensing board. Arkansas law specifies the types of abuse that should be reported, including physical abuse, sexual abuse, emotional abuse, and neglect.
Other misconduct considered serious by the licensing board can result in losing your professional mental health license in Arkansas. Kinds of misconduct include:
- Dual relationships: Having sexual or other relationships with patients
- Billing practices: Unethical billing practices
- Client abandonment: Abandoning patients
While rare, a state behavioral board can suspend or revoke a mental health professional's license if the misconduct is severe enough.
The Arkansas Board of Examiners in Counseling and Marriage and Family Therapy (ABEC) is the state agency that licenses and regulates mental health professionals in Arkansas. It is part of the Arkansas Department of Health and licenses Licensed Associate Counselors (LACs), Licensed Associate Marriage and Family Therapists (LAMFTs), Licensed Marriage and Family Therapists (LMFTs), and Licensed Professional Counselors (LPCs).
The ABEC also provides an online database that allows the public to search for and verify the license status of licensed counselors and marriage-family therapists in Arkansas. The Board helps individuals to pursue a professional license to practice in Arkansas. It also serves to answer questions or concerns about the professionals who serve the citizens of Arkansas.
Problems that Licensed Mental Health Professionals May Have under the ABEC
The ABEC regulates the practice of counseling and marriage and family therapy in Arkansas. It also issues licenses to qualified applicants and can revoke, suspend, or renew licenses. The ABEC can discipline licensed mental health professionals for a variety of reasons, including the following:
- Violating the rules and regulations. The ABEC can discipline licensed professionals for violating the rules and regulations that govern their practice.
- Providing unsafe or ineffective services. The ABEC can discipline licensed professionals for providing unsafe or ineffective counseling, therapy, or psychological services.
- Failing to meet continuing education requirements. The ABEC can discipline licensed professionals for failing to meet their continuing education requirements.
How Identity Theft Can Undermine Your Professional Mental Health License
As a licensed Arkansas mental health professional, you are a potential target for identity thieves. An Arkansas-based mental and behavioral health services provider recently notified nearly 400,000 individuals of a data theft incident potentially compromising their sensitive personal and medical information. The provider faces at least one proposed federal class action lawsuit after the breach. This incident is among many other significant hacking incidents involving mental and behavioral health service providers in recent months.
According to the Attorney General's Office of Arkansas, identity theft occurs when someone uses your personal information without your permission to commit fraud or other crimes ― most commonly to obtain credit in your name. Personal information includes:
- Social Security, driver's license, and personal identification numbers
- Bank and credit card account numbers
- Mother's maiden name or other information used as a security screen
- Passwords and any information that can be used to gain access to a person's financial resources or to assume a person's identity
Venues for Identity Theft
- Mail ― Looking for red flags up on mailboxes and bill payments
- Trash ― Digging for discarded receipts, credit card and bank account statements, and credit card applications
- Home ― Stealing essential documents, such as credit card and bank account statements, checkbooks, Social Security cards, driver's licenses, and birth certificates
- Computers ― Illegally gaining access to computers to steal your personal information, such as following financial transactions
- Businesses ― Bribing employees who have access to personal information at businesses or data breaches
- Email phishing ― Posing as a legitimate company, emails request verification of personal information
- Phone pretexting ― Calling and posing as a legitimate company, requesting you verify personal information, or they may contact an information source, posing as you, seeking personal information
Those who believe they are victims of identity theft should take the following steps:
- File a fraud alert with one of the three national credit bureaus.
- File an identity theft report with your local law enforcement agency.
- Close accounts that have been tampered with or opened fraudulently.
- File an identity theft complaint with the Federal Trade Commission or call (877) IDTHEFT (438-4338).
- Place a security freeze on your credit report.
- Consider requesting an identity theft passport provided by the Attorney General's office. The Arkansas Attorney General has the authority to issue an identity theft passport to an Arkansas resident who reasonably suspects they are a victim of financial identity fraud and who has filed a police report. The identity theft passport is designed to assist financial identity fraud victims in re-establishing their good names. The passport may also help prevent a victim's arrest for criminal offenses committed by the identity thief.
Investigation Process for Licensed Mental Health Professionals
The ABEC investigates complaints to protect the public and ensure that licensed professionals are practicing within the law. The Board also regulates the practice of counseling and marriage and family therapy in Arkansas. The ABEC investigates complaints against licensed mental health professionals by interviewing witnesses, reviewing documents, and making a final determination. Steps in the investigation include:
- File a complaint. A former client, relative, law enforcement, coworker, or the licensee themselves can file a complaint. The complaint is usually submitted in writing through an official complaint form. This is someone's opportunity to voice their concerns and initiate the investigation process.
- Conduct interviews. The Board interviews the complainant, the licensee, and other witnesses.
- Review documents. The board may request documents like email, text messages, and transcripts.
- Make a determination. The Board makes a final decision on whether you, the licensee, violated any ethical standards.
Due Process for an Arkansas ABEC Mental Health Professional Investigation
The ABEC investigates complaints against mental health professionals by conducting administrative hearings. The Board's final decisions are reported to the National Practitioners Data Base and are available to the public. The process includes:
- File a complaint: Provide detailed information about the complaint, including:
- The licensee's name and license number
- Your name and contact information
- The ethical standards you believe were violated
- A timeline of relevant events
- Copies of relevant documents
- Administrative hearing: The Board conducts a hearing to investigate the complaint.
- Final decision: The Board makes a final decision based on the hearing.
- Report the decision: The Board reports the decision to the National Practitioners Data Base.
The Board can suspend, revoke, or reprimand a licensee if it finds probable cause. The Board's actions are intended to prevent reoccurrences through education, rehabilitation, discipline, or revocation.
Consequences of an Arkansas ABEC Mental Health Professional Investigation
The ABEC may take action against a mental health professional who is the subject of an investigation. Possible consequences include:
- Settlement: The board may enter into a settlement process with the professional.
- Formal hearing: The board may hold a formal hearing, especially if the offense is serious.
- License suspension or revocation: The board may suspend or revoke the professional's license.
- Press release: The board may issue a press release listing the professional's license status.
- Administrative hearing decision: The board may make a final decision through an administrative hearing.
The Board may take action if the investigation finds evidence of bias or discrimination or if a professional fails to renew their license on time.
What Happens If You Lose Your Professional License
If a mental health professional in Arkansas loses their license, they may face suspension, revocation, fines, or other penalties. The Arkansas Board of Examiners in Counseling publishes license suspensions and revocation lists.
During the disciplinary process, the Board reviews the complaint, investigates, holds a formal hearing, and takes action. The penalties include license suspension, fines, a continuing education mandate, probation, a formal reprimand, or a permanent license revocation.
You can best defend your mental health professional license by:
- Hiring a Lento Law Firm professional license attorney to evaluate your complaint, gather evidence in your defense, negotiate with the Board, and defend you in a hearing.
- You should work with the attorney to come to terms for a "consent decree."
- You should apply to have your license reinstated. You must submit a reinstatement application, pay the required fees, and complete any required continuing education. You may also need to pass a jurisprudence exam and undergo a background check.
Why Hire a Lento Law Firm Professional License Defense Attorney
ABEC rules can be intricate, but an attorney can interpret them accurately to identify potential defenses and legal strategies. If you are a mental health professional facing a licensing board complaint or possible disciplinary action, you should hire a Lento Law Firm professional license defense attorney because they excel in defending the licenses of healthcare professionals, have deep knowledge of the complex legal landscape surrounding professional misconduct, and can effectively navigate the investigation and hearing process to protect your career and reputation, potentially minimizing any sanctions imposed on your license.
Key reasons to choose the Lento Law Firm:
- Vast Experience in Healthcare Licensing. TheLento Law Firm has extensive experience representing healthcare professionals, including mental health practitioners, in license defense matters, understanding the unique regulations and ethical considerations within the field.
- Aggressive Defense Strategy. Our attorneys are known for their proactive approach to building a strong defense, which includes a thorough investigation of the allegations, identification of potential weaknesses in the case, and presentation of a compelling argument to the licensing board.
- Communication and Client Support. TheLento Law Firm prioritizes clear communication with clients, keeping them informed throughout the process and providing emotional support during a stressful situation.
- Reputation for Success. Our attorneys have a proven track record of successfully defending clients against licensing complaints, potentially achieving favorable outcomes like reprimands instead of license suspension or revocation.
- Understanding of the Regulatory Landscape. As skilled professionals in professional license defense, the Lento Law Firm Team stays updated on the latest regulations and procedures within the state licensing boards, ensuring your case is handled according to current standards.
Our Lento Law Firm Professional License Defense Team Can Help You
If you face threats to your mental health professional license, do not try to navigate this matter alone. Talk to an experienced Lento Law Firm professional license defense attorney who can 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.
