Your professional license shows your commitment to providing high-quality care as a Delaware mental health practitioner. It also protects the public from unsafe practices and guarantees that only qualified people practice. As a licensed professional, it allows you to be covered by insurance plans, making your services more accessible.
The need for mental healthcare cannot be over-emphasized. According to State Health Facts, 29.3% of Delaware adults reported symptoms of anxiety or depression from February 1 to February 13, 2023, alone. As in other states, certain groups in Delaware are more likely to face barriers to accessing mental healthcare, including uninsured people, underinsured people, and communities of color.
It’s crucial to remember that despite the need, certain Delaware mental health practitioners lose their licenses each year. Some violate the law, others abuse substances, and others fail to follow ethical standards. Still, others are victims of circumstance. This is a reminder of the importance of maintaining professional conduct. Losing your license can have serious consequences, including financial difficulties and professional setbacks. Being unable to accept clients or patients or to perform your job duties will hinder your professional growth and damage your professional reputation. By being professional and transparent and keeping thorough records, you can uphold the integrity of your profession.
If you find yourself facing threats to your mental health professional license, remember that you don’t have to handle this matter alone. The experienced team of professional license defense attorneys at the LLF National Law Firm is here to offer wise counsel and help you quickly prepare an effective strategy. Contact our Professional License Defense Team 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 Do Mental Health Professionals Lose Their Licenses?
Convictions for certain crimes can jeopardize your mental health professional license in Delaware, as they can in other states. This is especially true for crimes that involve “moral turpitude,” such as theft, fraud, or assault. These crimes can impact a practitioner’s ability to practice medicine safely and competently. A criminal history may make it difficult to obtain a professional license in the first place, especially if the crime is related to the license. In Delaware, felonies fall into seven classes. Class A are the most severe felonies, including first-degree murder, rape, and hate crimes. Class B felonies include first-degree kidnapping, robbery, and theft over $100,000. Penalties for crimes in Delaware may include fines, probation, payment of restitution, and other legal sanctions.
Drug abuse and alcoholism are other ways to jeopardize your professional license. They can lead to disciplinary action and license suspension or revocation for mental health professionals in Delaware. If a professional is accused of drug use or alcoholism, the Board of Professional Counselors of Mental Health may investigate, interview witnesses, and gather documentation. A professional may request a hearing to reinstate a suspended or revoked license if they can show that the reasons for the suspension or revocation have been corrected.
Violating ethical standards can likewise result in the loss of your professional mental health license in Delaware because the state regulates the practice of mental health counseling. Some common ethical violations include engaging in dual relationships, breaching confidentiality, employing unethical billing practices, engaging in sexual relationships with clients, and fostering client abandonment. Sexual misconduct is a leading cause of malpractice lawsuits for mental health professionals.
Mental health therapists and counselors should offer their patients the highest standard of care and act with the level of care, caution, and prudence that a reasonable person would exercise in similar circumstances. Patients have the right to receive respectful and appropriate care that complies with relevant laws and regulations. This includes recognizing each person’s dignity and individuality.
Delaware Agency in Charge of Licensing Mental Health Professionals
The Delaware Board of Mental Health and Chemical Dependency Professionals (BMHCDP) is the state agency that regulates and licenses mental health professionals in Delaware. It has a reputation for excellence. To become a mental health counselor in Delaware, you must complete at least 3,200 hours of counseling services over a period of two to four years. You must complete at least 1,600 of those hours under the direct supervision of an approved supervisor. The requirements for becoming a certified alcohol and drug counselor in Delaware are different.
The Board oversees counseling degrees and licenses and issues licenses for mental health counselors. Its main goal is to protect the public from unsafe counseling practices, underscoring the crucial role that you, as a mental health practitioner, play in ensuring the well-being of your clients and the public.
What the Board does:
- Issues licenses to counselors, marriage and family therapists, and chemical dependency professionals
- Develops professional standards, rules, and regulations
- Adjudicates complaints against mental health professionals
- Imposes disciplinary sanctions when necessary
- Recognizes art therapists and associate art therapists
- Reciprocates with other states and the District of Columbia
Key steps to become a licensed mental health professional:
- Education: Obtain a master’s degree in counseling, social work, psychology, or a related field that meets the Board’s standards.
- Supervised Practice: Complete a specified number of supervised clinical hours under a Board-approved qualified supervisor.
- Examination: Pass the required national licensing exam, such as the National Counselor Examination administered by the National Board for Certified Counselors.
- Application Process:
- Submit a completed application through the DELPROS online portal.
- Provide official transcripts, verification of supervised practice hours, and other necessary documents.
- Pay the required application fee.
- Criminal Background Check: Pass a state and federal criminal background check.
- Board Review: The BMHCDP will review the application, verify credentials, and approve or deny the license based on the applicant’s qualifications.
Reasons Why the Delaware BMHCDP Disciplines Licensed Mental Health Practitioners
The Delaware BMHCDP can discipline licensed mental health professionals who violate the code of ethics or engage in unsafe or unethical practices.
Reasons for Discipline
- Violating the Code of Ethics: Licensed mental health practitioners must follow the National Board for Certified Counselors’ Code of Ethics.
- Unsafe practices: The Board protects the public from unsafe counseling practices.
- Unethical practices: The Board protects the public from unethical practices like price fixing.
The Board’s Responsibilities
- The Board issues licenses to mental health professionals, marriage and family therapists, and chemical dependency professionals.
- The Board develops rules, regulations, and professional standards and maintains competency standards.
- The Board handles complaints against licensees and enforces any necessary discipline.
The Delaware BMHCDP handles complaints and discipline through the Division of Professional Regulation (DPR).
Complaints
Anyone who believes a licensed professional has violated the law or rules of their profession can file a complaint with the DPR
Disciplinary actions
- The BMHCDP may take disciplinary action, including counseling and verbal warnings
- The BMHCDP may apply a level of discipline appropriate for the issue or take actions, including imposing conditions or denying a license
How Identity Theft Affects Your Professional Mental Health License
As a licensed Delaware mental health professional, you are a potential target for identity thieves. Identity theft can affect your professional license in Delaware by damaging your reputation and creating a criminal record. Identity theft can likewise damage your reputation, which can hamper your ability to get a professional license. Identity theft can lead to a criminal record and be a detriment to your ability to get a professional license.
If you apply for a professional license, a background check could reveal a criminal record for identity theft. Law enforcement may investigate and suspend or revoke your license if they report a criminal conviction to your licensing board.
Other consequences of identity theft include difficulty filing taxes, tax audits, damaged credit scores, debt, loss of voting rights, and employment difficulties. To prevent identity theft, alert your Delaware Department of Motor Vehicles, place a “Verify ID” flag on your driver’s license number, and freeze your credit.
Investigation Process for Licensed Professionals
The Delaware BMHCDPinvestigates complaints against licensed mental health professionals through interviews and document reviews. The Board may also hold formal hearings.
Investigation process:
- Interviews: The Board interviews the complainant and the accused professional.
- Document review: The Board may review documents such as emails and text messages.
- Formal hearings: The Board may hold formal hearings, but complaints may be handled informally.
- Disciplinary sanctions: The Board may impose disciplinary sanctions if warranted.
You should take a complaint from the Delaware BMHCDP seriously. Complaints can result in serious consequences for the accused, including suspension or loss of license.
Due Process for a Delaware BMHCDP Professional Investigation
The Delaware BMPCDP investigates complaints against licensed mental health professionals. The process typically involves interviewing the complainant and the professional. Due process for a professional investigation by the Delaware BMHCDP involves a notice, a hearing, and clear and convincing evidence. The subject of the investigation has rights, including assistance with the investigation and representation at the hearing.
Steps in the due process include:
- Notice: The subject of the investigation is notified of the investigation.
- Investigation: The BMHCDP investigates the matter.
- Hearing: The subject of the investigation has a hearing.
- Evidence: The BMHCDP presents clear and convincing evidence.
- Decision: The BMHCDP makes a decision based on the evidence presented.
The mental health practitioner being investigated has the right to full advice and assistance during the investigation, obtaining and filing statements and other evidence, preparing for the hearing, and being represented at the hearing. The burden of proof in an administrative proceeding is higher than “preponderance of the evidence” and requires a finding of high probability.
Regarding how complaints are investigated:
- The licensing board investigates complaints.
- The Board interviews the complainant and the professional to understand the situation.
Consequences of a Delaware BMHCDP Professional Investigation
A mental health professional in Delaware could face serious consequences, including license suspension or loss, if the Delaware BMHCDP investigates them.
Potential consequences
- License suspension or loss: The Board could suspend or revoke the professional’s license to practice.
- Damaged reputation: False or unfounded claims could damage the professional’s reputation and career.
- Discipline: The mental health professional could face discipline on their license for the rest of their life.
Tips for navigating a Delaware BMHCDP investigation
- Be cautious about signing written statements during the initial investigation.
- Consider whether to request a formal hearing, which would allow you to defend yourself.
- Be careful about accepting a settlement agreement, consent order, or stipulated consent order.
Filing a complaint is thought to help protect other clients from harm, uphold professional standards, and ensure that mental health counselors and therapists are held accountable for their actions.
What Happens If You Lose Your Professional License
If you lose your mental health professional license in Delaware due to a Delaware BMPCDP investigation, you should consult with a LLF National Law Firm professional license defense attorney to help get reinstated. For reinstatement, you’ll need to meet the requirements for renewal. Our attorneys can help you follow up with your licensing board. Steps you can take with an attorney’s help include:
- Pause your practice: If your license has expired, you should stop practicing to avoid legal and ethical issues.
- Notify clients: Let your clients know you’re temporarily suspending services and offer referrals if needed.
- Contact supervisors: If you work for an agency, let your supervisors know what’s happening.
- Complete renewal or reinstatement requirements: Prioritize finishing all the requirements.
- Follow up with your licensing board: Confirm they’ve received your materials and check how long it will take to process your renewal.
Why Hire a LLF National Law Firm Professional License Defense Attorney
A LLF National Law Firm professional license defense attorney with experience in mental health licensing matters can help with any of your professional license concerns. They will efficiently navigate the formal complaint process, including hearings and appeals. Our experienced attorneys can help you understand the process, handle the situation, and avoid potential consequences. Contact our Professional License Defense Team online or by calling 888 535-3686. We dedicate ourselves to defending your professional license and ensuring your continued ability to serve your clients.