Mental health care providers are critical to their patients and their community. Your license shows that you meet professional qualifications, which can influence client trust and employer confidence. Additionally, your license helps clarify your scope of practice and protects the public by verifying your competency.
Reasons that District of Columbia Mental Health Providers Lose Their Licenses
Numerous District of Columbia mental health practitioners lose their licenses each year. You can lose your professional license for various reasons, including:
- Professional Misconduct
- Substance Abuse
- Financial Violations, and
- Certain Criminal Convictions
Specific examples include creating false records or billing, forging signatures, using drugs or alcohol while at work, exhibiting impaired performance, or prescribing medications that contradict a patient's existing prescriptions. Failing to maintain minimal professional standards, breaching confidentiality, and practicing outside one's competence can also lead to license revocation.
Being professionally or mentally incompetent or physically incapable can quickly lead to losing your professional license. Problems with substance abuse, such as being addicted to or habitually abusing any narcotic or controlled substance or providing or attempting to provide services while under the influence of alcohol or drugs, can likewise cause you to lose your license. Likewise, willfully making or filing false reports or records, or willfully failing to file or record required medical reports, can cause you to lose your license.
The consequences of losing your license can be severe, ranging from a reprimand to the revocation or suspension of your license. The severity of the disciplinary action depends on the nature and seriousness of your violation. In some cases, remediation or probation can be an option; in others, the impact on your career can be significant.
Should your mental health professional license be at risk, rest assured that you're not alone. The Lento Law Firm's experienced professional license defense attorneys will 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 committed to defending your professional license and will see to your continued ability to serve your clients.
The District of Columbia State Agency that Regulates Mental Health Professionals
The District of Columbia Department of Health (DOH) is the state agency that regulates and licenses mental health professionals in the District of Columbia. The DOH does this under the auspices of the Board of Professional Counseling, which is responsible for setting and enforcing the standards of professional conduct and investigating complaints against licensed professionals.
- Licensing requirements.To become a licensed mental health counselor in the District of Columbia, you must:
- Have a master's degree or higher from an accredited institution
- Complete 60 semester hours of graduate coursework
- Complete 3,500 hours of experience
There are several licensure options for counselors and therapists, each with its own requirements.
- Complaints and investigations.
- The District of Columbia Health Regulation and Licensing Administration handles complaints, investigations, and legal negotiations
- You can file a complaint against a health professional or facility
Problems that Licensed Mental Health Professionals May Encounter
The District of Columbia DOH is considered a strict arbiter of disciplinary action for mental health professionals. DC Health's Health Regulation and Licensing Administration (HRLA) investigates complaints and can take disciplinary action against licensees, including mental health professionals, if their conduct warrants it. The process includes receiving complaints and potentially taking action against the licensee. The common law doctrine of sovereign immunity, which shields government entities in the District from being sued, may impact disciplinary actions.
The District of Columbia DOH disciplines mental health professionals who violate standards of conduct. These standards include:
- Sexual relationships. Licensed professional counselors are prohibited from engaging in sexual intimacies with current clients or former clients within two years of terminating the counseling relationship.
- Exploitation and Dual Relationships. Licensed professional counselors must be aware of and take steps to avoid exploitation in dual relationships with clients.
- Client protection. Counselors must protect clients from psychological or physical trauma during group work.
- Financial arrangements. Counselors must explain financial arrangements before starting counseling.
- Treatment continuation. Counselors must help clients arrange for continued treatment after counseling ends.
In the District of Columbia, uninsured and underinsured people and communities of color are more likely to face barriers to mental healthcare. These barriers can stem from financial constraints, lack of access to services, cultural stigma, and other systemic issues. Further, there may be decreased insurance reimbursement for mental health counseling services in general, particularly for low-income individuals.
How Identity Theft Can Affect Your Professional Mental Health License
As a licensed District of Columbia mental health professional, you may become a target for identity thieves. In D.C., identity theft can impact your license if it leads to fraudulent or criminal activities that could reflect negatively on your professional conduct. If an identity thief uses your personal information to commit fraud or illegal acts, it could lead to disciplinary action by the District of Columbia DOH, particularly if the identity theft leads to a criminal conviction.
Impact on Professional License:
- Professional Conduct: Your professional license can be jeopardized if your identity is used to commit fraudulent or illegal acts, which can reflect poorly on your professional conduct and integrity.
- Criminal Convictions: If an identity thief uses your identity to commit crimes and you are subsequently convicted, the District of Columbia DOH could take disciplinary action.
- License Renewal or Suspension: Depending on the nature and severity of the fraudulent or illegal activities committed under the stolen identity, the District of Columbia DOH could consider suspending or revoking your license.
To protect your professional license, if you suspect or are the victim of identity theft, immediately report it to law enforcement and the Federal Trade Commission (FTC). In addition, regularly check your credit reports and financial accounts for suspicious activity.
Investigation Process for Licensed Mental Health Professionals
The District of Columbia DOH investigates complaints against licensed mental health professionals through the Board of Professional Counseling (BPC). The BPC regulates the practice of professional counseling in the District of Columbia; it receives and reviews complaints, issues licenses, and conducts hearings. The BPC consists of five members, including four professional counselors and one consumer member. The BPC may take disciplinary action against licensees who violate the Health Occupations Revision Act or District of Columbia Municipal Regulations.
How the Investigation Process Works
- The BPC receives and reviews complaints
- The BPC requests investigations and conducts hearings
- The BPC may take disciplinary action, such as revoking, suspending, or denying a license
How to File a Complaint
- You can file a complaint against a licensed D.C. mental health professional using a fillable PDF form.
- You can mail the form to the D.C. Board.
- If your complaint alleges unlicensed activity, you can mail it to the Supervisory Investigator.
Due Process for a District of Columbia DOH Mental Health Professional Investigation
Due process for a mental health professional investigation by the District of Columbia DOH includes the right to respond to allegations and receive a written decision.
How Can I Respond to Allegations?
- You can respond to allegations made against you by the BPC.
- You can file a written response to the allegations.
- You can request a hearing.
How Can I Receive a Written Decision?
- You can request a copy of the final order from the Department of Health's HPLA website.
- You can search for the health professional's name on the website.
- If the Board closes your complaint, you will receive a written notification.
Consequences of a District of Columbia DOH Mental Health Professional Investigation
The consequences of a District of Columbia DOH investigation of a mental health professional can include disciplinary action.
- The DOH may investigate complaints about mental health professionals regarding their ethics, communication skills, and health.
- If a complaint alleges unlicensed activity, the DOH may take disciplinary action.
- To report a complaint about unlicensed activity, contact the Supervisory Investigator at 899 North Capitol Street, NE, Second Floor, Washington, D.C. 20002.
As a mental health practitioner, you should know you are at a high risk of complaints regarding your professional ethics, communication skills, and health.
What Happens If You Lose Your Professional License
If there is a complaint, the District of Columbia Health Occupations Boards (Boards) can take disciplinary action against your license. This action can include suspension, revocation, probation, reprimand, monetary fines, or training.
The District of Columbia Health Regulation and Licensing Administration (HRLA) investigates complaints on behalf of the Boards. If there is no violation of the law or regulation, the Boards can also resolve the matter informally. The Health Occupations Revision Act of 1985 and the District of Columbia Municipal Regulations outline the grounds for disciplinary action.
If you lose your professional mental health license in the District of Columbia, you may face the following disciplinary action by the Board of Professional Counseling:
License Suspension or Revocation
- The Board may suspend or revoke your license if you violate the law
- The Board may deny a license application if you violate the law
- If the offense is severe enough, the Board can permanently revoke your license
Disciplinary Process
- The disciplinary process includes a review of the complaint, investigation, formal hearing, and Board action
- Luckily, you can hire a skilled Lento Law Firm professional license defense attorney to help evaluate the complaint, gather evidence, and negotiate with the Board
Practicing Without a License
- Practicing with an expired license is illegal
- Non-licensed counselors do not have legal protection for confidentiality violations or malpractice
Renewing Your License
- You can renew your license within the 60-day grace period with a late fee
Why Hire a Lento Law Firm Professional License Defense Attorney
Even though District of Columbia DOHrules can be intricate, a Lento Law Firm professional license defense attorney with experience in mental health licensing matters can efficiently navigate the formal complaint process. This includes handling 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.
Our Lento Law Firm defense attorneys know that the District of Columbia's threats to mental health professional licenses must be taken seriously. Our attorneys can help mental health professionals who are under investigation by the District of Columbia DOH in several ways, including:
- Responding to a Letter of Inquiry:Attorneys can help you respond to the Board's Letter of Inquiry before the deadline.
- Defending against allegations: Attorneys can help you defend against misconduct.
- Obtaining a favorable outcome: Attorneys aim to help you 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 District of Columbia DOH and can often create a resolution without a formal hearing. You should discuss your situation with a Lento Law Firm professional license defense attorney today to decide whether to obtain legal representation.
If you face threats to your mental health professional license, do not handle this matter alone. Talk to an experienced Lento Law Firm professional license defense attorney who can help you shape a strategic response. Contact our Professional License Defense Team at the Lento Law Firm online or by calling 888 535-3686. We serve to defend your professional license and to safeguard your continued ability to serve your clients.
