As a mental health practitioner, your professional license is your guiding star. It's crucial to remember that numerous Tennessee mental health practitioners lose their licenses each year. Some are wrongdoers; others are incompetent. Still, others are victims of circumstance. It's a stark reminder of the importance of maintaining professional conduct. By being more professional and transparent, documenting your actions, and keeping more thorough records, you can avoid these problems and uphold the integrity of your profession.
If you face threats to your 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.
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 revoked promptly. 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, resulting in a “dual relationship” with their patients in which they misuse their power or role.
Displaying flawed communication skills is another way to jeopardize your professional license. Therapists who violate patients' confidentiality by sharing identifying and clinical information about them with someone other than a direct supervisor or clinical team member are likely to lose their licenses. Other problems in this category include therapists who abandon patients by stopping services abruptly without giving patients time and notice and therapists who try to provide a service they aren't qualified or trained to provide (such as medical treatment or advice). Likewise, therapists who offer experimental, harmful, or dangerous services put their licenses at risk. Finally, therapists who say things or take actions toward patients that are racist, homophobic, sexist, or otherwise overtly discriminatory jeopardize their professional licenses, and rightly so.
The Tennessee Department of Mental Health and Substance Abuse Services (DMHSAS) is the state agency that licenses and regulates mental health professionals and therapists in Tennessee. The DMHSAS also regulates residential treatment providers for mental health and substance abuse.
Mental health professionals
- Licensed Professional Counselor (LPC). A mental health professional who provides services for behavioral, emotional, and mental issues. To become an LPC in Tennessee, you must:
- Be at least 18 years old
- Pass the NCE exam and the Tennessee Jurisprudence Exam
- Complete a master's degree in counseling from an accredited institution
- Submit an online application
- Complete a background check
- LPC/MHSP. A mental health professional who can diagnose and treat mental, emotional, and behavioral disorders.
- Residential treatment providers
- All residential mental health and substance abuse services must be licensed or certified by the DMHSAS
- Provisional licenses may also be issued
Problems that Licensed Mental Health Professionals May Encounter
The DMHSAS's Office of Licensure protects Tennesseans by ensuring licensed providers follow state laws and rules. The DMHSAS can discipline licensed mental health professionals for many issues, including:
- Abuse: Physical, sexual, psychological, or emotional abuse of a client
- Exploitation: Misuse of authority, forcing clients to commit illegal or immoral acts, or stealing their possessions
- Unprofessional conduct: Failure to comply with the Rules of Professional Conduct
- Abuse of power: Imposing conditions that a licensed professional doesn't follow
The DMHSAS can take various disciplinary actions, including:
- Suspension: A minimum action for substantiated allegations of psychological or emotional abuse
- Termination: A minimum action for substantiated allegations of physical or sexual abuse
- Revocation: Your license can be revoked for sexual misconduct, abuse of power, or other issues
- Civil penalties: A fine can be imposed
- Supervised practice: Your license can be revoked if you don't follow the imposed conditions
- Non-renewal of certification: Your certification can be denied or not renewed
- Reprimand: You can be reprimanded
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed Tennessee mental health professional, you are a potential target for identity thieves. They have many methods for stealing your identifying information, including credit card numbers, addresses, and Social Security Numbers. If your identity is stolen, you may be concerned about how this incident could impact your professional license. Could your license be at risk because your identity was stolen?
Identity theft happens when a thief steals your personal information without your knowledge to commit fraud or theft. Knowing how to guard your personal information is your first defense against identity theft. Identity theft is often a silent crime. Experienced identity thieves may use your information for months—even years—while you remain unaware.
Identity theft can indirectly affect a mental health license in Tennessee through a criminal record generated in the thief's name. If law enforcement reports the conviction to your licensing board, they may investigate and suspend or revoke your license.
Identity theft can negatively impact a mental health license in Tennessee in many ways, including:
- Using your identity to commit a crime. If someone uses your identity to create a fake ID used to commit a crime, your license could be denied.
- Misconduct on the job. If someone uses your identity to commit misconduct on the job, your license could be investigated.
- Fraudulent listings. To attract clients, fraudsters may post their listings, names, and photographs on different platforms. They may also use your image and name to attach to a fake listing for a mental health provider.
To protect yourself from identity theft, you can:
- Actively search for your name and license number to see if it is being used to market or sell mental health services without your permission.
- Search multiple variations of your name, including your full name with a middle name or initial, just your first and last name, or a shortened version of your name.
- Search your mental health practitioner license number.
Investigation Process for Licensed Mental Health Professionals
The Tennessee DMHSAS investigates licensed mental health professionals accused of abuse, rule violations, or inadequate care. The DMHSAS Office of Licensure is responsible for these investigations.
How the investigation process works
- Someone files a complaint against you as a licensed professional
- A clinical consultant and staff attorney review the complaint
- If additional information is needed, an investigator conducts a field investigation
- The investigator may contact the complainant for more information
- The consultant and attorney review any additional information and determine if a violation occurred
Abuse, dereliction, facility or service operations deficiencies, and other critical incidents must be reported. The consequences of a violation include:
- Your license may be denied, suspended, or revoked
- Civil penalties may be imposed
- A plan of compliance may be required
Due Process for a Tennessee DMHSAS Mental Health Professional Investigation
The following happens during the due process in a Tennessee DMHSAS professional investigation:
- A complaint is filed against a mental health professional
- An investigator is assigned to the case
- The investigator notifies the professional of the allegations and their rights
- The professional can respond to the allegations
- A hearing is held where both sides present evidence
- A written decision is issued
The investigator should notify the subject of the complaint that they are under investigation for an alleged infraction and specify the facts that constitute this alleged infraction. The investigator will typically send a letter regarding the complaint to you, the license holder, including your rights under investigation, your right to consult with counsel, your right to due process notice, and an opportunity to be heard. This initial investigation letter often gives you a deadline to submit any information in response.
You should take the matter seriously and carefully review the information provided. This is a good opportunity to contact an attorney to collaborate and explore options. A Lento Law Firm professional license defense attorney may help prepare you for the interview and suggest specific areas of focus. You may also submit a written statement to the investigator that may be used during the investigation process.
Consequences of a Tennessee DMHSAS Mental Health Professional Investigation
The consequences of a mental health professional investigation in Tennessee can include license suspension, enrollment suspension, or disciplinary action. These actions are intended to protect future patients and prevent further problems with the practitioner.
Possible consequences
- License suspension. The department may suspend a license if there is probable cause to believe you have committed severe abuse, dereliction, or deficiency.
- Enrollment suspension. The department may suspend enrollment in a service or facility while an investigation is underway.
- Disciplinary action. A licensing board may take disciplinary action against you to prevent future problems. This action can include controlling your ability to practice in Tennessee.
After the investigation phase, one of two events will occur:
- The investigator will complete an internal office memorandum and recommend certain punishment, whereby the case will then move to an Assistant Attorney General (AAG) for the adjudication phase.
- The investigator will conclude no violation occurred and favorably close the investigation. If the investigation is closed favorably, the subject of the investigation will be notified of this result in writing.
What Happens If You Lose Your Professional License
If you lose your professional mental health license in Tennessee, you may face penalties such as fines, probation, or license suspension. You may also be required to complete additional continuing education.
During the disciplinary process, a complaint is reviewed, an investigation is conducted, a formal hearing is held, and the board takes action.
Causes for losing your professional license include:
- Failing to renew your license on time
- Being convicted of certain crimes, such as those involving moral turpitude
- Substance abuse, such as alcoholism or drug abuse
- Violating patient confidentiality
In terms of what you can do to protect your license, you can hire a Lento Law Firm professional license defense attorney to evaluate the complaint, gather evidence, and negotiate with the board.
You can apply for reinstatement with the Division of Health-Related Boards to reinstate your professional mental health license in Tennessee. You can apply online or by mail. You may also need to provide an official transcript from your educational institution. You may need to meet additional requirements if you've been out of practice for over two years.
Why Hire a Lento Law Firm Professional License Defense Attorney
DMHSAS rules can be intricate, but an attorney can interpret them accurately to identify potential defenses and legal strategies. A 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 practice real estate.
Our Lento Law Firm Defense Attorneys know that Tennessee 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 DMHSAS in several ways, including:
- Responding to a Letter of Inquiry:Attorneys can help mental health professionals respond to the Department'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 DMHSAS and can often work out a resolution without a formal hearing. Mental health professionals can discuss their situation with a Lento Law Firm professional license defense attorney to decide whether to obtain legal representation.
Our Lento Law Firm Professional License Defense Team Can Help You
If you face threats to your 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.
