As a licensed professional counselor (LPC) in Kansas, you undoubtedly hold yourself to high standards of conduct and performance. After all, you worked hard to complete your education and undertake this challenging–but highly rewarding–career. So, if your license is threatened following unprofessional conduct allegations, it's normal if you're feeling distressed, confused, and concerned about what the future may hold. But there is no need for you to face this difficult time alone. Instead, you can turn to the Lento Law Firm for the support you need and deserve.
Move forward with confidence, knowing that you're doing everything possible to protect your license and the career you've worked so hard to build. Call the Lento Law Firm Professional License Defense Team at 888.535.3686 or complete our form online to secure representation. But in the meantime, here's what you should know about defending yourself against license suspension or revocation in Kansas.
Kansas Behavioral Sciences Regulatory Board
In KS, the Behavioral Sciences Regulatory Board (BSRB) oversees the regulation of professional counselors, social workers, and therapists. It's responsible for issuing and renewing licenses, which means it also has the authority to suspend or revoke a counselor's license in certain circumstances. More generally, the Board's powers and duties include the following:
- Adopting rules and regulations to promote high standards of professional conduct
- Publishing the names of counselors who have violated the relevant rules and regulations to promote transparency to the public
- Recommending, where appropriate, criminal charges against licensees accused of violating the relevant rules and regulations
What Type of Conduct Could Jeopardize Your Kansas Professional Counselor License?
The BSRB does not have jurisdiction to investigate every complaint. For example, it's not enough for a client to simply be unhappy with the services provided. The conduct must be considered negligent or unprofessional before the Board can step in. Examples of unprofessional conduct which the Board has jurisdiction to investigate include:
- Being convicted of a crime
- Performing duties the licensee does not have the experience or qualifications to undertake
- Failing to inform clients about the risks and potential drawbacks of any proposed treatment plan
- Making unsubstantiated claims about treatments, including medications or therapies
- Releasing confidential information without consent or legal grounds to do so
- Failing to maintain accurate and up-to-date client records
- Failing to recognize or get help with mental health problems, which could impede the licensee's ability to work safely
There are, however, many causes of license issues. These are simply among the most common.
Who Can Complain About Licensed Professional Counselors in Kansas?
Any individual, including clients, concerned family members, or even work colleagues, can complain about a licensed professional counselor in Kansas. Certain individuals are legally obliged to report any licensed professional counselor who they suspect of negligent or unprofessional conduct. These individuals are known as mandated reporters.
It should be noted that, as an LPC in Kansas, you are also a mandated reporter. If you fail to report legitimate concerns about a fellow counselor or health professional, you could face disciplinary action for simply failing to make a report. Contact the Lento Law Firm Professional License Defense Team if you're facing an investigation for failing to report concerns or if you have questions about your obligations.
How the BSRB Investigates Allegations Against Licensed Professional Counselors
Although every misconduct investigation is entirely unique, the Board should always follow certain procedures, outlined in its Investigation Policy, to ensure continuity and consistency in how they reach disciplinary decisions. Your attorney can explain how the process works in more detail; however, the main steps involved are as follows.
Report of Alleged Violation
The first stage of any BSRB investigation is when the Board receives a complaint from either a colleague, client, member of the public, or mandated reporter. The individual submits the “Report of Alleged Violation” (RAV) to the BSRB, including a detailed written narrative to support the allegations.
Written Notice
Should the BSRB have jurisdiction to handle the complaint, the BSRB assigns a Special Investigator to the case. At this point, the counselor should receive written notice informing them of the complaint and the intent to investigate. It's at this point that it is worth considering retaining legal counsel to immediately protect your legal rights.
The Investigation
The Special Investigator and their team conduct preliminary investigations into the matter. This will include a personal interview with the counselor and an opportunity to submit a written response within 30 days of receiving the initial notice. Other preliminary steps include interviewing witnesses, inspecting records, and gathering relevant documents. The goal is to identify the claim's strengths and weaknesses and to determine if, based on the evidence, the incident occurred as described, and if disciplinary action could be warranted.
Complaint Review Committee
Special Investigators pass their findings on to the Complaint Review Committee. It's at this point when disciplinary action, such as license suspension or revocation, may be considered in earnest.
The Committee should not make any determination against the licensee lightly. According to the Investigation Policy, the Committee may invite the licensee to a further interview, or they may defer back to the Investigators for more information. Alternatively, they could decide they have sufficient evidence to make an initial determination on the case.
Determination Process
The Committee should decide, based on the “preponderance of the evidence”, whether to discipline the licensee. Essentially, this means that if it's more likely than not that the incident occurred, based on the evidence available, then the licensee could be disciplined. Otherwise, the Board may simply decide to dispose of the case.
Disposal of the Case
If the case is not closed and the Committee wishes to take action against the licensee, there are three options:
- Send the licensee a written warning or educational letter explaining why their conduct fell short of the standards expected and how to avoid such incidents in the future.
- Invite the licensee to sign a settlement agreement, which essentially means the licensee admits the incident occurred and agrees to penalties, such as probation or a fine, to prevent taking the case to a formal hearing.
- Summon the licensee to a formal hearing to discuss the case in more detail and make a final determination. Hearings are more common if the licensee disputes the allegations or if the Committee is strongly considering serious disciplinary action, such as license suspension or revocation.
You are strongly urged to retain legal counsel from the Lento Law Firm at this point, should you not already be in touch with us.
Hearing Procedures
Should the Committee schedule a hearing, or if the licensee wishes to dispute the accusations and reject a settlement agreement, the case moves to an administrative hearing. At this point, the Committee and the licensee, together with counsel, put forward their own evidence so the Board can make a final determination.
Possible Outcomes of BSRB Disciplinary Proceedings
Following a hearing, the most common outcomes include license suspension, license revocation, probation, financial penalties, mandatory counseling, or mandatory completion of education courses. The BSRB may also dispose of the case at this point without formal disciplinary action.
Should your license be suspended or revoked, it may be possible to seek reinstatement after a certain time period elapses. The time can be set by the BSRB; however, it could be as long as a few years, especially if you're seeking to have a revoked license reinstated. This is because reinstatement is intended to be a “permanent” solution rather than a temporary measure. There is no guarantee that the Board will agree to reinstate your license, even if you demonstrate compliance with agreed measures, e.g., completion of education courses or counseling. The Lento Law Firm Professional License Defense Team can help you present the most compelling possible case for reinstatement, should the need arise.
Appealing License Suspension or Revocation by the Kansas Behavioral Sciences Regulatory Board
Should your license be suspended or revoked, it may be possible to appeal the Board's decision. Typically, this means demonstrating that the Board made a mistake in how they applied the law or the relevant regulations when considering how to deal with the case. It's not simply an opportunity to go over the case again–you must be able to show the Board made a procedural or legal error.
At the Lento Law Firm, our attorneys have experience managing appeals against licensing board decisions. We can explain whether you have grounds for an appeal and, if so, how to present the most compelling possible case.
Why You Can't Ignore Licensee Notifications from the BSRB
We understand how tempting it may be to simply ignore a written notice from the Behavioral Sciences Regulatory Board. However, you must understand that this is never in your best interests.
- The Board will proceed against you irrespective of whether you represent yourself at a hearing or answer their requests for information. Ignoring the issue does not mean it will disappear.
- If you do not engage with the BSRB, you lose the opportunity to defend yourself against the allegations. This means you lose the chance to mitigate the impact of any disciplinary action on your career.
- It's often possible to negotiate with licensing boards such as the BSRB. However, ignoring their correspondence could be interpreted as a refusal to cooperate, which means you're more likely to face steeper penalties.
No professional counselor in Kansas wants to receive a written notification of conduct investigations from the BSRB. However, it's imperative that you act swiftly–and effectively–should you receive such written warnings.
Why You Need an Attorney to Help You Challenge Disciplinary Action
As a professional counselor, there's no doubt that you can face the challenges ahead and have the mental tenacity to handle the uncertainty of disciplinary action. However, given how serious the outcome of these proceedings can be, it's imperative that you have the right support on your side. That's where the Lento Law Firm Professional License Defense Team can help.
● One of our primary goals is to ensure that you have confidence in the strategies we will use to help you defend your license. That's why we will fully explain all legal options available to you, so you feel empowered to make the right decisions for your circumstances.
- Your case matters to us. We will listen to what happened, make sure you feel understood and supported, and walk you through each stage of the disciplinary process.
- We care deeply about justice and due process. From the moment you retain us, you can be assured that we will do everything possible to protect your interests.
- Our Professional License Defense Team understands the nuances–and challenges–involved in negotiating with licensing boards. We will use this knowledge to identify strengths and weaknesses in your case and to devise an effective strategy for moving forward.
Negotiating with professional licensing boards is no easy task. Remember, BSRB officials have their own legal counsel. They frequently discipline counselors and will not hesitate to restrict, suspend, or even revoke your counselor license. And if you don't have an attorney representing your interests from the outset, you're at an immediate—and possibly insurmountable–disadvantage.
Representing Licensed Professional Counselors Across Kansas
As experienced professional license defense attorneys, we work across Kansas to support counselors and therapists as they face disciplinary action. We can represent professional counselors of all levels anywhere in the state of Kansas, including:
- Andale
- Blue Rapids
- Kansas City
- Lawrence
- Olathe
- Shawnee
- Topeka
- Wichita
Whether you're a newly qualified counselor in KS or you're an experienced counselor facing disciplinary action for the first time, we're waiting to assist. Defend your license with confidence by retaining the Lento Law Firm.
Retain Premier Professional License Defense Attorneys
As a counselor in Kansas, you'll understand how precious and crucial your professional license is. And so, if you're facing the threat of license suspension or revocation, it's normal to start doubting yourself and fearing what may come next. However, you are not alone in this battle. Let the Lento Law Firm help you shoulder this burden. Our Professional License Defense Team will listen to your story, explain your options, and protect your legal rights to due process and a fair hearing. We will do everything possible to help you secure the most favorable outcome, whether this means negotiating a settlement agreement or taking your case to a court hearing.
You've worked too hard for your professional counselor license to let it go without a fight. Let the Lento Law Firm Professional License Defense Team stand with you. Contact us now at 888.535.3686 or tell us about your case online to secure the experienced legal counsel you deserve.
