Your professional license is more than a feather in your cap. As a mental health practitioner in New Mexico, your license means you are outfitted with at least the minimum requirements to practice. These requirements enforce rules and hold violators accountable, and they help consumers find qualified professionals. A professional license also allows licensed therapists and counselors to be covered by insurance plans, making their services more attainable. In New Mexico, licensed counselors are called Licensed Professional Clinical Mental Health Counselors (LPCCs). Counselors still in the licensure process's supervision phase are called Licensed Mental Health Counselors (LMHCs).
There are myriad reasons why certain New Mexico mental health practitioners lose their licenses each year. Some have criminal convictions, others practice substance abuse, and others exhibit unethical behavior. Still, others are victims of circumstance. It is crucial to uphold basic performance standards and to keep careful practice records. Making a serious mistake and putting a patient in harm's way can lead to losing your license. This loss can affect your career and damage your ability to serve those in need.
If you face threats to your mental health professional license, you should not navigate this matter alone. The Lento Law Firm attorneys are here to offer wise counsel and help you quickly prepare an effective strategy. This support is crucial in challenging situations and can provide reassurance in times of uncertainty. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686.
Reasons Mental Health Professionals Lose Their Licenses
In New Mexico, criminal convictions can lead to disciplinary action, including license revocation for mental health professionals who violate state laws or Board rules. Most licensed professions take criminal convictions seriously. The New Mexico State Board of Psychologist Examiners can revoke licenses for psychologists who violate the Board's conduct standards. The Board can also take disciplinary action against licensed individuals who violate rules or statutes, including practicing beyond the scope of their license or engaging in unprofessional conduct.
Licensed individuals must maintain professional competencies and complete continuing education to renew their licenses. Felony offenses and convictions related to public safety can also disqualify someone from a license.
A conviction for a drug-related crime can likewise lead to the suspension or revocation of a mental health professional license in New Mexico. New Mexico has one of the highest drug-related death rates in the United States. Many residents use drugs to cope with poverty. If a drug test detects drugs at your workplace, your employer may report it to the licensing board. If someone complains that you were under the influence while on the job, or someone observes you using drugs or overhears you talking about it, they may report you to the licensing board.
Finally, an accusation of unethical behavior by a New Mexico mental health professional can lead the state board to suspend, revoke, or put a therapist on probation. Unethical behavior includes having sexual relationships with clients, discriminating against clients for racism or sexism, and misleading clients about costs. Other unethical behaviors are engaging in abusive behavior, pursuing therapies that harm clients, violating confidentiality, abandoning patients without notice, and leading clients to act in ways that harm themselves or others.
Even false or unfounded claims can damage the therapist's career and reputation. A licensed mental health professional in New Mexico must act with integrity and competence. Even if the complaint is not validated, the Board may take disciplinary action if it finds other signs of wrongdoing. Not only can false claims damage a therapist's career and reputation, but they can also divert resources away from addressing genuine misconduct cases and undermine trust in the complaint process.
Bodies that License and Regulate Mental Health Professionals in New Mexico
The New Mexico Regulation and Licensing Department (RLD) and the New Mexico Counseling and Therapy Practice Board (NMCTPB) are the state agencies that license and regulate mental health professionals in New Mexico. To become a licensed mental health counselor (LMHC) in New Mexico, a person must earn a qualifying graduate degree in counseling or a counseling-related field, pass the NCE exam, and complete supervised counseling experience for two years. They must also submit an application to the CTPB, along with required fees, forms, and documents, and pass the National Counselor Examination for Licensure and Certification and the National Clinical Mental Health Counselor Exam.
- The NMCTPB issues licenses for counselors, including:
- Licensed Professional Clinical Mental Health Counselors (LPCCs)
- Licensed Mental Health Counselors (LMHCs)
- Licensed Marriage and Family Therapists (LMFTs)
- The New Mexico Psychologist Examiners Board issues licenses for psychologists
- The New Mexico Credentialing Board for Behavioral Health Professionals (NMCBBHP) certifies behavioral health professionals, including:
- Alcohol and drug counselors
- Clinical supervisors
- Peer support workers
- Regulation
The NMCTPB adopts rules to regulate the practice of counseling and conducts disciplinary proceedings against individuals who violate the rules.
Problems That Licensed Mental Health Professionals May Encounter
The NMCTPB may take disciplinary action against licensed mental health professionals, including revoking their license. The Board aims to protect the public by ensuring that licensed professionals are competent and ethical. Possible disciplinary actions include a warning, license suspension, and license revocation. The Board may discipline licensed mental health professionals for many reasons, including:
- Unprofessional conduct: This includes misrepresenting your credentials, practicing beyond the scope of licensure, or exploiting clients
- Incompetence: This includes practicing poorly or failing to maintain adequate records
- Improper supervision: This includes failing to provide adequate supervision of trainees
- Abuse of clients: This includes physical or sexual abuse of clients
Violations of rules or statutes, such as unprofessional conduct or practicing beyond the scope of licensure, can result in disciplinary action, including revocation of a license.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed New Mexico mental health professional, you are a potential target for identity thieves. If the thief uses your identity to commit a crime, you could face a criminal record leading to license suspension or revocation. Likewise, your license could be investigated if the thief uses your identity to commit misconduct at work. Your license could be investigated if the thief uses your medical information to get treatment or commit insurance fraud. If the New Mexico Medical Board finds evidence of a violation, they may take action against a physician's license, including a reprimand, fine, or suspension. Victims of identity theft may also experience psychological pain, including anger, betrayal, and isolation.
Investigation Process for Licensed Mental Health Professionals
The NMCTPB investigates complaints against licensed mental health professionals by requesting documents, interviewing witnesses, and visiting the site of the alleged misconduct. The process can take several months. In terms of how the investigation process works:
- The NMCTPB receives a complaint
- An investigator from the appropriate regional office reviews the complaint
- The investigator may request more information from the complainant
- The investigator may ask the licensee to respond to the allegations in writing
- The investigator may visit the site of the alleged misconduct
- The investigator may interview witnesses
- The investigator may consult with Board members
- If there is substantial evidence of misconduct, the NMCTPB will take disciplinary action
A complainant can file a complaint directly with the NMCTPB, another agency can refer a complaint to the NMCTPB, or the NMCTPB can initiate a complaint with the approval of at least five commissioners.
Due Process for a New Mexico NMCTPB Mental Health Professional Investigation
In New Mexico, as in many other states, a due process hearing is an administrative legal proceeding that may be held in the context of a mental health professional investigation. An impartial hearing officer who listens to evidence and issues a final written decision conducts the hearing. In terms of how due process hearings work:
- The hearing officer listens to evidence from both sides, including witnesses and documents.
- The hearing officer issues a final written decision after the hearing.
- The parties may have the opportunity to participate in a resolution meeting before the hearing.
In an administrative proceeding, the burden of proof is higher than the standard of “preponderance of the evidence.” It requires a finding of high probability or evidence that is so clear as to leave no substantial doubt. The disciplinary process for licensed health professionals can include investigation, interim suspension, and formal administrative hearing. You can participate in the legal process with the Lento Law Firm attorney if you believe your rights have been taken away or limited illegally or without good cause.
Consequences of a New Mexico NMCTPB Mental Health Professional Investigation
The consequences of a New Mexico NMCTPB mental health professional investigation are significant. They can include a letter of reprimand, suspension, or revocation of the professional's license. The Board may also take non-public action, such as sending an advisory letter. As stated earlier, the NMCTPB investigates complaints against mental health professionals. The Board can take disciplinary action against professionals who violate rules or statutes, such as practicing without a license or engaging in unprofessional conduct.
Possible outcomes include:
- No formal action: The complaint is closed, but the information remains in the investigation database
- Non-public action: The Board sends an advisory letter
- Public action: The Board issues a letter of reprimand, suspension, summary suspension, or revocation of the professional's license
The NMCTPB may conduct random audits of licensees to ensure they keep pace with their continuing education requirements. Licensees must, therefore, maintain documentation of their completed continuing education hours.
What Happens Should You Lose Your Professional License?
If you lose your New Mexico mental health professional license from an NMCTPB investigation, you can consult with the Lento Law Firm attorney.
- You can reapply for a new license within 90 days of your license's expiration date. You can also petition for reinstatement after a period of 1 to 3 years
- You can complete an application to the New Mexico Credentialing Board for Behavioral Health Professionals (NMCBBHP)
- You can provide all required documentation
- You can demonstrate you are qualified for licensure. This can include:
- Expungement of criminal convictions
- Ongoing treatment
- Counseling
- Community service
- Further education
- Sustained employment
- Payment of restitution
Why Hire The Lento Law Firm Professional License Defense Attorney
The New Mexico RLD and NMCTPB rules can be intricate, but an attorney can interpret them accurately to identify potential defenses and legal strategies. You can hire the Lento Law Firm's Professional License Defense Team to help you preserve your professional license and practice. The Lento Law Firm's team of attorneys, paralegals, and investigators can help you with various misconduct allegations.
The Lento Law Firm have a history of winning and can help with various misconduct allegations, regardless of your field or discipline. Our attorneys can help mental health professionals who are under investigation by the NMCTPB 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 NMCTPB and can often work out a resolution without a formal hearing. Mental health professionals can discuss their situation with the Lento Law Firm to decide whether to obtain legal representation.
The Lento Law Firm Professional License Defense Team Can Help You
If you think that you face threats to your mental health professional license, you should not navigate this matter alone. Instead, talk to the Lento Law Firm's 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.
