Despite its idyllic image, Hawaii faces significant challenges caring for its citizens with mental health challenges, with 26.5% of its adults reporting symptoms of anxiety or depressive disorder from February 1 to February 13, 2023, according to the KFF analysis of the U.S. Census Bureau, Household Pulse Survey 2023. The state struggles with a lack of mental health professionals, making licensed practitioners even more valuable.
Obtaining and keeping a mental health professional license is especially significant under these circumstances. Ensuring that only qualified individuals can practice and deliver quality mental healthcare to the community is crucial.
Reasons That Mental Health Practitioners Lose Their Licenses
Why do certain Hawaii mental health practitioners lose their licenses each year? Some commit ethical violations, others have fraudulent practices, and others are victims of circumstance. A mental health practitioner in Hawaii who loses their license may face serious consequences, including suspension or complete license loss. False or unfounded claims can damage a therapist's career and reputation. It is incumbent upon mental health professionals to keep thorough records and to act professionally and transparently to uphold the integrity of their profession.
If you face threats to your mental health professional license, do not try to navigate this matter alone. The 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.
Why Mental Health Professionals Lose Their Licenses
In Hawaii, mental health practitioners can lose their professional license for ethical violations such as engaging in sexual relationships with clients, practicing outside their scope of competence, and breaching client confidentiality. Sexual misconduct is considered the most serious violation and may result in immediate license revocation. Engaging in personal or business relationships with clients beyond the therapeutic relationship, or “dual relationships,” is a violation. Other violations include gross negligence or incompetence, substance abuse, failing to maintain adequate client records, and neglecting or abandoning clients without proper notice.
Mental health practitioners in Hawaii can lose their professional license for fraudulent practices. Insurance fraud is a major concern, including billing for services not rendered, exaggerating diagnoses, or creating fake patients to inflate claims. Likewise, claiming specialized training or certifications that practitioners do not possess is a fast route toward losing their license. Other fraudulent practices include engaging in kickback schemes. Any action involving deliberate deception to gain personal benefit at the expense of the patient or insurance companies will threaten your professional license — whether scamming customers directly — or committing financial violations.
Hawaii State Agency That Regulates Mental Health Professionals
In Hawaii, the state agency that licenses and regulates mental health professionals is the Hawaii Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division (PVL). Specifically, the Mental Health Counselor Licensing Program within PVL oversees the state's licensing of mental health counselors.
The PVL is responsible for licensing and regulating various professional groups, including mental health counselors, and implementing the licensing regulations for 52 professions and vocations. The PVL's mission is to improve access to licensing information and services, streamline and deregulate the licensing process, and create a fair marketplace.
In terms of what the PVL does. The Division:
- Licenses and renews licenses for businesses and individuals
- Oversees licensing programs and professional boards and commissions
- Reviews and processes applications for licensure
- Maintains records of licensing applications
The PVL focuses on upholding ethical standards and taking action against serious violations within the scope of its licensing authority. The PVL is funded by fees that support licensing and enforcement services. Information regarding disciplinary actions taken against mental health practitioners by the PVL is accessible to the public, which can deter misconduct.
Problems that Licensed Mental Health Professionals May Encounter
The PVL can discipline mental health professionals for issues ranging from sexual misconduct with clients, ethical violations, unprofessional conduct, practicing without a valid license, improper record-keeping, substance abuse impacting practice, failure to maintain competency to any violation of the state's mental health practice laws considered a threat to the public safety or well-being of clients.
Key points about PVL disciplinary actions:
- Clients, other professionals, or the public can file complaints. Anyone can file a complaint against a mental health professional with the PVL if they suspect a violation.
- The PVL conducts investigations. The PVL will investigate complaints to determine if there is sufficient evidence to proceed with disciplinary action.
- Disciplinary actions include:
- Reprimand: A formal warning issued to the professional.
- Probation: A period of monitored practice with specific conditions.
- Suspension of license: Temporary suspension of the professional's ability to practice.
- Revocation of license: Permanent loss of the professional's license to practice.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed Hawaii mental health professional, you are a potential target for identity thieves. In Hawaii, identity theft can significantly impact your professional mental health license by leading to investigations into alleged misconduct if someone uses your personal information to commit fraudulent acts, such as creating fake patient records or practicing under your license without authorization. This could result in license suspension or revocation, depending on the severity of the fraudulent activity.
If someone uses your license information to submit fraudulent insurance claims for services not rendered, this could trigger a licensing board investigation, potentially leading to disciplinary action against your license. Likewise, if a perpetrator creates fake patient records or alters existing ones using your credentials, this could result in disciplinary action. Finally, if your identity is used to commit a crime related to your mental health practice, such as practicing without a license, this could lead to criminal charges, further jeopardizing your professional standing.
In Hawaii, like most states, you are legally obligated to report any suspected identity theft to the relevant authorities, including your licensing board. You should regularly monitor your credit report for fraudulent activity and take steps to address discrepancies. Finally, seek legal advice from the Lento Law Firm professional license defense attorney to guide you through mitigating the impact of identity theft on your license.
Investigation Process for Licensed Mental Health Professionals
In Hawaii, the PVL investigates licensed mental health professionals by receiving complaints, conducting preliminary reviews, potentially opening a formal investigation if necessary, gathering evidence through interviews, document review, and client contact (if appropriate), and taking disciplinary action based on the findings. Depending on the severity of the violation, this could lead to license suspension, probation, or revocation. Key points about the PVL investigation process for licensed mental health professionals are:
- Complaint initiation.The process starts with a complaint filed against a licensed mental health professional, which can come from clients, other professionals, or the public.
- Preliminary review.The PVL initially reviews the complaint to determine whether it falls under its jurisdiction and whether sufficient cause exists to proceed with a full investigation.
- Formal investigation.If the preliminary review indicates grounds for further action, a formal investigation is opened, including contacting the accused professional, potential clients, and relevant witnesses.
- Evidence gathering.During the investigation, the PVL reviews professional records, client files, and other relevant documentation and conducts interviews with involved parties.
- Disciplinary action.Based on the investigation findings, the PVL takes disciplinary action against the licensed mental health professional, including license suspension, probation, or revocation.
Due Process for a Hawaii PVL Mental Health Professional Investigation
Due Process for a Hawaii PVL Mental Health Professional investigation means that a licensed mental health professional under investigation by the PVL has the right to receive proper notice of the allegations against them, a fair opportunity to respond and present evidence in their defense, and a decision based on substantial evidence before any disciplinary action is taken against their license.
Key elements of Due Process in a PVL investigation:
- Notice of Allegations. The PVL must provide the professional with a clear and detailed written statement outlining the allegations against them, including the date, time, and location of the alleged misconduct and details of the violation.
- Right to Counsel. The professional has the right to consult with an attorney throughout the investigation process and to have legal representation present during any formal hearings or interviews.
- Opportunity to Respond. The professional must be given reasonable time to review the allegations and prepare a response, including submitting written statements, presenting evidence, and requesting to cross-examine witnesses.
- Informal Resolution. If the allegations are less severe, the PVL may offer an informal resolution, such as agreeing to voluntary compliance measures or attending continuing education courses.
- Formal Hearing. If the PVL decides to pursue disciplinary action, the professional is entitled to a formal hearing before a licensing board, where they can present evidence, cross-examine witnesses, and argue their case.
- Burden of Proof. The PVL must prove the allegations against the professional by a "preponderance of the evidence" standard, meaning that it is more than likely that misconduct occurred.
- Decision and Appeals. After the hearing, the licensing board will decide, including sanctions such as license suspension, probation, or revocation. The professional can appeal the decision to a higher administrative body or court.
Consequences of a Hawaii PVL Mental Health Professional Investigation
A Hawaii PVL Mental Health Professional investigation could result in a range of consequences for the professional, including license suspension, probation, reprimand, practice restrictions, mandatory continuing education, fines, or complete license revocation, depending on the severity of the alleged violations and investigation findings. All outcomes can significantly impact your ability to practice mental health in Hawaii.
Key points about a PVL investigation:
- Potential triggers. Investigations can be initiated based on complaints from clients, colleagues, or other sources regarding alleged misconduct, ethical violations, or competency issues.
- Investigation process. The PVL will typically review the complaint, gather evidence, interview relevant parties, and consult with experts before deciding.
- Disciplinary actions. Depending on the findings, the PVL can impose various disciplinary actions, including:
- License suspension: Temporarily prohibiting the professional from practicing.
- Probation: Requiring the professional to practice under supervision with specific conditions.
- Reprimand: A formal warning issued by the Board.
- Practice restrictions: Limiting the types of clients or practice settings the professional can work in.
- Fines: Monetary penalties imposed by the Board.
- License revocation: Permanently revoking the professional's license to practice.
What Happens If You Lose Your Professional License
If you lose your professional license due to a Hawaii PVL mental health professional investigation, you can no longer legally practice as a mental health professional in Hawaii. This includes not being able to provide mental health services to clients, which could lead to further disciplinary actions depending on the severity of the investigation findings, such as fines, restrictions on future license applications, or even criminal charges in some instances.
Key points about losing your license:
- Inability to practice. The primary consequence is that you cannot legally practice mental health therapy in Hawaii without a valid license.
- Disciplinary actions. Depending on the investigation findings, the PVL may impose additional penalties, such as fines, probationary periods, or restrictions on future practice.
- Restoration process. In some cases, you may be able to apply for license reinstatement after some time, but this usually involves completing additional requirements like therapy or education.
- Reporting requirements.If you lose your license due to a disciplinary action, this information may be reported to other licensing boards in different states, potentially impacting your ability to practice elsewhere.
Why Hire the Lento Law Firm Professional License Defense Attorney
Hawaii PVL rules can be complicated to understand, especially for someone unfamiliar with licensing regulations, but an attorney can interpret them accurately to identify potential defenses and legal strategies. The Lento Law Firm professional license defense 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, a lawyer can advocate strongly to minimize the impact on your ability to offer mental health services.
The Lento Law Firm defense attorneys know Hawaii's threats to mental health professional licenses are more than simple administrative matters. Our attorneys can help mental health professionals who are under investigation by the PVL in several ways, including:
- Responding to a Letter of Inquiry:Attorneys can help mental health professionals respond to the Board's Letter of Inquiry before the deadline.
- Defending against allegations: Attorneys can help mental health professionals defend against misconduct.
- Obtaining a favorable outcome: Attorneys aim to help mental health professionals obtain 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 PVL and can often work out a resolution without a formal hearing. Mental health professionals can discuss their situation with the Lento Law Firm attorney to decide whether to obtain legal representation.
The 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 the Lento Law Firm 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.
