Your professional license is not just the icing on the cake; it is a key ingredient in your professional development to practice legally and ethically as a mental health professional in Mississippi. It also protects the public and guarantees you meet minimum safe and effective practice requirements. Clients' health insurance is more likely to cover your services if you have a professional license.
It's crucial to remember that numerous Mississippi mental health practitioners lose their licenses each year. Some make patient care mistakes, others practice substance abuse, and still others are victims of circumstance. This is a potent reminder of the importance of maintaining professional conduct. The consequences of losing your license can be severe, damaging your career and your ability to serve patients in need. Actions taken against licenses include emergency license restrictions, suspension, or revocation of clinical privileges. By being professional, keeping accurate records, and meeting continuing education requirements, you can circumvent these problems and uphold your professional integrity.
If you find yourself facing threats to your mental health professional license, remember that you don't have to navigate this challenging situation alone. The Lento Law Firm Professional License Defense attorneys are here to offer you 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
Mental health professionals in Mississippi can lose their licenses for several reasons, including mistakes in patient care, substance abuse, and failing to renew their licenses. Mistakes in patient care will lead to loss of license if those errors are considered a serious breach of the standard of care, including issues like misdiagnosis, inappropriate treatment plans, failure to maintain proper documentation, violating patient confidentiality, neglecting patient needs, or engaging in unethical conduct that directly harms the patient, potentially leading to disciplinary action from the Mississippi State Board of Examiners for Professional Counselors and other relevant licensing boards. The Mississippi State Board of Examiners for Professional Counselors plays a crucial role in the disciplinary process, ensuring that licensed professionals adhere to the highest standards of care and conduct.
Other examples of patient care mistakes include:
- Prescribing medication without proper evaluation or monitoring
- Failing to take necessary steps to protect a patient at risk for self-harm or suicide
- Improperly disclosing confidential patient information
- Abandoning a patient without proper referral or transition of care
Substance abuse is a common reason mental health professional licenses are revoked. Studies have found that substance use disorders are common in physicians, including psychiatrists and mental health providers. Being arrested or convicted of a drug-related crime can lead to license suspension or revocation. If drugs are detected in a workplace drug test, an employer may report it to the licensing board. Someone may file a complaint if they observe or overhear the mental health professional using drugs or behaving impaired while on the job. Mental disorders can contribute to substance use.
In Mississippi, if you do not renew your professional license during the renewal period, it will change to lapsed status, and the licensee cannot practice. The licensee may be charged with a crime or fined if a professional license lapses. Many licensed professions require continuing education yearly to keep up with new technologies and research. If a professional license application is denied, the applicant may need proof of continuing education credits to be reinstated. Reinstating a professional license after it has been revoked is a complex process that may involve demonstrating rehabilitation, completing additional education or training, and proving that the circumstances that led to the revocation have been addressed. If a professional license is revoked, the reinstatement process may differ from a suspension.
Other reasons mental health professional in Mississippi lose their professional licenses include engaging in unethical or unprofessional conduct, sexual misconduct, fraudulent billing practices, and not reporting suspected child abuse.
Licensing and Regulating Mental Health Professionals in Mississippi
The Mississippi Department of Mental Health (DMH) is the state agency that licenses and regulates mental health professionals in Mississippi. The DMH's Division of Professional Licensure and Certification (PLACE) develops and implements licensure and certification programs. The DMH regulates publicly funded treatment facilities, develops and implements licensure and certification programs, and determines eligible continuing education courses.
PLACE serves to:
- Develop, implement, and maintain professional credentialing programs
- Require employment in the state mental health system to apply for and hold a DMH professional credential
Problems That Licensed Mental Health Professionals May Encounter Under DMH
The Mississippi DMH's Division of PLACE disciplines licensed mental health professionals for many issues, including substance use, anxiety, and depression. PLACE may also discipline licensed mental health professionals for violating professional conduct standards. Licensure is a legal requirement that protects the public by ensuring that only qualified individuals practice a profession. It also ensures that professionals maintain high standards of practice and ongoing competence, underscoring the weight of your responsibility as a licensed professional.
The DMH may also offer alternative discipline programs for licensees who have a mental health condition or substance abuse impairment problem themselves.
- Anxiety and depression: In a recent poll, about a third of adults in Mississippi reported symptoms of anxiety or depression.
- Substance use: The DMH provides services for people with substance use problems.
- Bipolar disorder: A common mental health condition that may impact mental health professionals.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed Mississippi mental health professional, you are a potential target for identity thieves. Identity theft can impact a professional license in many ways, including denial of a license application or launching an investigation for misconduct. Your license could be denied if someone uses your identity to commit a crime. If someone uses your identity to commit misconduct on the job, your license could be investigated.
Your license could be investigated if someone uses your medical information to get treatment or generate fraudulent insurance bills.
What to Do if You Experience Identity Theft
- Report the identity theft to the relevant authorities.
- Check your financial statements for any fraudulent charges.
- Read your Explanation of Benefits (EOB) statements to ensure the claims paid match the care you received.
- Verify that the provider's name, the dates of service, and the services provided are correct.
- Report any discrepancies to your health plan.
What to Expect If Your License is Under Investigation
You may be offered a consent order, which is an agreement to submit to sanctions or penalties. The board may call for a formal hearing if a consent order cannot be agreed upon. After the hearing, the board or judge will make a final determination.
Investigation Process for Licensed Mental Health Professionals Under the DMH
The Mississippi DMH's Division of PLACE investigates licensed mental health professionals by reviewing complaints, interviewing witnesses and the alleged violator, and gathering evidence. Steps in the investigation process include:
- Receiving the complaint: The Division of PLACE assigns a case number and complaint file to each complaint.
- Determining if the complaint should be accepted: The Division of PLACE and a DMH Senior Attorney consult to determine if the complaint should be accepted.
- Assigning an investigator: The board assigns a member to investigate the complaint.
- Notifying the alleged violator: The alleged violator is notified of the complaint and allowed to respond.
- Gathering evidence: The investigator reviews medical records, court documents, and facility investigation reports. The investigator may also issue subpoenas to request documents.
- Interviewing witnesses and the alleged violator: The investigator interviews the alleged violator and any witnesses.
- Making recommendations: The Executive Secretary reviews the complaint and makes recommendations to the Board.
Possible consequences are that the Board may act against the alleged violator, including suspending or revoking their license, fining them, and requiring remediation.
What is the Due Process for a Mississippi DMH Mental Health Professional Investigation?
The Mississippi DMH Division of PLACE investigates licensed mental health professionals through due process hearings and interprets all matters related to professional credentialing, including investigations.
- The Mississippi DMH Division of PLACE is responsible for developing and implementing licensure and certification programs for professionals in the state's mental health system.
- The Mississippi DMH Division of PLACE regulates the use of DMH professional credentialing titles and verifies credentials.
- During a due process hearing, a Qualified Mental Health Professional (QMHP) evaluates a youth's mental status and recommends a sanction.
The DMH interprets all matters related to professional credentialing, including investigations.
What are the Consequences of a Mississippi DMH Mental Health Professional Investigation?
In Mississippi, a DMH Division of PLACE mental health professional investigation could result in a range of consequences for the professional depending on the findings, including potential disciplinary actions like suspension, revocation of their professional credential, mandatory continuing education, reprimands, or even limitations on practice depending on the severity of the ethical violation alleged against them — all based on the Mississippi DMH professional standards and applicable laws.
Main points about DMH Division of PLACE investigations:
- Complaint process: Individuals can file a complaint against a DMH-credentialed mental health professional with the Division of PLACE.
- Investigation process: The DMH will review the complaint, investigate, and determine if the allegations violate the DMH's ethical and professional conduct standards.
- Potential disciplinary actions: Depending on the severity of the violation, potential consequences could include:
- Reprimand: A formal warning issued to the professional.
- Suspension of license: Temporary suspension of the professional's ability to practice.
- Revocation of license: Permanent loss of the professional's license to practice.
- Mandatory continuing education: Requirement to complete additional training to address identified deficiencies.
- Practice limitations: Restrictions on the types of clients a professional can treat or specific practice conditions.
Essential factors to consider:
- Confidentiality: While investigations are typically confidential, certain information may need to be disclosed if necessary to protect the public.
- Due process: Mental health professionals can defend themselves during the investigation.
- Reporting requirements: If the DMH disciplines a professional, this information may be reported to other relevant licensing boards and professional organizations.
What Happens If You Lose Your Professional License?
If a mental health professional in Mississippi loses their license due to a DMH Division of PLACE investigation, their license may be suspended, restricted, or revoked. They may also be required to surrender their license. Possible outcomes include:
- Suspension: The professional cannot practice for a set period.
- Restriction: The professional's license is limited in what they can do.
- Revocation: The professional is no longer allowed to practice in Mississippi.
- Surrender: The professional voluntarily returns their license to the Board and is not allowed to practice.
The Mississippi State Board of Examiners for Mental Health Professionals can take disciplinary action against a licensee. This can happen if the licensee fails to meet certain conditions or is found to have engaged in misconduct.
Why Hire the Lento Law Firm Professional License Defense Attorney?
A mental health professional in Mississippi should turn to the Lento Law Firm Professional License Defense Team to protect their career and license, and to ensure they receive fair treatment. A license defense attorney can help you avoid disciplinary action, fines, and other consequences. They can help you understand the legal process and how to respond to allegations.
The Lento Law Firm attorneys can help you develop a defense strategy that considers the specific circumstances of your case. They will advocate on your behalf and ensure you receive equitable treatment. The Lento Law Firm has a team of attorneys focused on professional license defense, offering experience defending professionals in challenging licensing proceedings.
The Lento Law Firm Professional License Defense Team Can Help You Win
If you face threats to your mental health professional license, do not try to navigate this matter alone. Talk to the Lento Law Firm Professional License Defense Team 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.
