Your license is more than just a credential—it's your passion, your profession, and your way of life. When it's at risk, it can feel like everything is slipping away. But don't panic. You have options, and the battle isn't over.
The Lento Law Firm protects your mental health license in South Dakota and nationwide. We examine the allegations with a microscope, defend your actions, and fight to keep your license intact. You're never alone in this battle. Call us at 888.535.3686 or fill out our confidential consultation form.
Who's Holding the Rulebook?
The South Dakota Department of Social Services oversees mental health professionals, including Licensed Professional Counselor (LPC), Licensed Professional Counselor-Mental Health (LPC-MH), and Licensed Marriage & Family Therapist (LMFT).
Whether you're practicing in Sioux Falls, Rapid City, Aberdeen, or elsewhere, they assess complaints, ensure adherence to regulations, and make disciplinary decisions.
Common Pitfalls That Can Derail Your Career
We all mess up, but certain mistakes can be costly. Here are some common causes of license issues:
- Unprofessional Conduct: Every therapist has been there—stress builds up, communication gets muddled, or a situation feels off. It happens. But even something small, like an unintended confidentiality slip or an awkward moment with a client, can have big consequences. It's not about being perfect but about knowing how to handle those moments before they turn into something bigger.
- Substance Abuse: Addiction doesn't care about careers or good intentions—it can happen to anyone, even the most dedicated professionals. Maybe it starts as a way to cope, but if substance use starts affecting your work, your license could be on the line. The good news? You're not alone. Plenty of compassionate support is there to help you get back on track without losing everything.
- Fraud: What seems like a harmless shortcut—tweaking a billing code, overlooking a documentation error—can quickly spiral into fraud allegations. Even unintentional mistakes in recordkeeping can raise red flags. If your paperwork isn't airtight, you could be facing an investigation that puts your career at risk. A little diligence now can save a lot of trouble later.
- Client Complaints: No matter how great a therapist you are, complaints happen. Clients bring their emotions into sessions, and sometimes, misunderstandings can turn into official grievances. Maybe a client misinterprets your approach or feels hurt by something you said. Staying calm and clear in your response can go a long way. The key? Keep your professionalism intact, no matter how frustrating it gets.
- Sloppy Records: Between back-to-back sessions and all the emotional energy you put into your clients, paperwork can feel like an afterthought. But if your documentation isn't up to legal standards, it could put your license at risk. The good news? A little organization goes a long way, and you don't have to do it alone. A solid system keeps you protected.
- Criminal Charges: Everyone has a past, and sometimes, that past comes knocking at the worst time. Maybe it's an old charge or a personal issue that has nothing to do with your work. But even if it feels unfair, it can still threaten your career. The right approach can help you move forward without letting your past define your future.
- Boundary Crossings: The therapist-client relationship is built on trust, but when you genuinely care about your clients, the lines can sometimes blur. Maybe you overshare personal details, offer a comforting touch that gets misread, or try to help financially. Even well-meaning actions can lead to ethics violations. And dating a client? That's a hard no—it's not just frowned upon, it's a serious risk to your career. Knowing where the line is—and how to stay on the right side of it—keeps you and your practice safe.
A little complaint can turn into a huge mess if you don't deal with it fast.
Navigating the Road Ahead
Catch a problem early and prevent a license case from getting worse. Whether it's a complaint or a colleague's heads-up, now's your chance to figure out what's really upsetting the potential complainant and to address it.
If that's not an option, here's the process in South Dakota once a complaint is filed:
- Once the Board office receives a complaint, a copy is sent to the licensee. The licensee has 20 days to respond to allegations and concerns in writing to the Board office.
- An investigative committee is formed. This committee consists of legal counsel and may include a board member and/or board staff. During the investigation the existence and contents of the complaint are kept confidential.
- After the investigation, if a potential violation was found, the board may:
- Impose an administrative fine
- Accept informal disposition
- Commence formal proceedings by serving a formal complaint requiring the licensee to respond to the charges in the complaint and appear at a hearing where sworn testimony or other evidence will be considered.
- Conversely, if the investigating committee determines that either (1) the complaint is without merit or (2) the board lacks jurisdiction to consider the complaint, or (3) there is insufficient evidence to show a potential violation, the complaint may be dismissed.
None of this is fun, and the path may be rocky, but having the right team in your corner will help you navigate the bumps and safeguard your professional reputation.
Your Rights at Every Step of the Process
South Dakota's complaint process gives you valuable rights—if you know how to use them:
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Understand the Allegations
The accusations are now out in the open, and you're aware of what's being claimed. While it may feel overwhelming at first, having all the details puts you in a position of strength. This is the first step toward reclaiming your power. [Remember: Contacting the complainant directly after the complaint is filed could be viewed as inappropriate or manipulative. Be careful]. -
Present Your Side
This is the turning point—time to bring out the heavy hitters. Gather every bit of evidence you can—texts, emails, documents, witness statements. Your colleagues and clients who know the real you could be your secret weapon. Your career is in your hands, and now's your chance to set the record straight. -
Ace the Hearing
Picture yourself walking into a formal hearing room, your heart pounding as the door swings open. You know they're here to determine the course of your professional life. Your team stands beside you, calm and focused, ready to take on the allegations. They've already prepared your witnesses—one by one, they'll step up to the stand, and their words will serve as a shield against the accusations.
One of your colleagues takes the stand first, speaking to the high standards you've upheld. You see a subtle shift in the Committee's posture, their expressions softening.
Next, your attorney presents key documents: emails, client records, and notes that detail the steps you took to handle the situation. The Committee members scrutinize each page, your case slowly coming into sharper focus.
Now it's your turn. You take a deep breath and present your version of events, your voice strong. The room is silent as your words shape the decision that will determine your future.
Understanding the process is crucial, but it's never about hoping for the best. It's about preparing for success, and that begins with the right people guiding you.
What's at Stake
If the charges stand, the fallout could be significant.
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Required Education
You could be ordered to take courses that help you improve how you communicate or deal with conflicts, like a class on active listening or conflict resolution strategies. You might also be required to attend training on ethics, boundaries, or industry best practices—like a workshop on maintaining professional relationships with clients. -
Formal Warnings
Getting a formal warning could make others doubt your reliability, whether it's people you work with or clients you serve. Plus, it could mess with future job opportunities or cause other legal problems later on. -
Limitations on Your License
Your license might still be valid but with restrictions. You could be limited in the types of clients or patients you can work with or required to practice under the supervision of another professional.
For example, let's say you're no longer allowed to treat high-risk patients, those with severe mental health conditions or substance abuse issues. For years, you've worked with this specific group of clients, helping them turn their lives around. Now, you're restricted to only working with those who are relatively stable, clients with minor concerns.
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Suspended License
When your license is suspended, everything halts—your career, income, and ability to serve clients are all on hold. You'll be left waiting for the chance to prove you're worthy of returning to practice. -
License Revocation
In the worst-case scenario, losing your license means the end of your career and professional reputation. Once revoked, regaining your license is nearly impossible, putting your future in the field at great risk.
Your career isn't the only thing on the line—every client you've helped, every life you've touched, could be left in limbo too.
Protect Your Professional License with The Lento Law Firm
In tense situations, knowing the ropes is crucial. We understand the process and the challenges ahead. Here's how we assist you:
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We Act Swiftly
As soon as you reach out, we hit the ground running. The Lento Law Firm team moves quickly, crafting a plan that's customized for your case. -
We Dive Deep
Our attorneys know how to uncover the facts, examine records, and build a strong case for you. We'll make sure your side of the story gets heard loud and clear. No one-size-fits-all defense here. We create a plan that's as unique as your situation. -
We Examine Every Detail
The small stuff matters. Our attorneys will meticulously review your records, gather key evidence, and ensure your voice is heard. We know each case is unique, so we create a defense strategy designed just for you. -
We Fight Relentlessly
If your case goes to a hearing, we're ready to stand our ground. We won't hesitate to cross-examine witnesses or challenge the evidence. Every move we make has one goal: to protect your license, career, and reputation. -
We are Methodical
We listen closely to your needs. When negotiation makes sense, we strike smart deals that secure your future while addressing the licensing board's requirements. We'll negotiate on your behalf to ensure your career stays intact. -
We Never Back Down
No case is too tough for us. Even when the odds are against you, we're committed to fighting for your rights. We'll explore every option, staying persistent and focused on securing a positive outcome when others might give up.
We craft a powerful narrative that persuades.
Ready to Fight for You—The Lento Law Firm
Don't let a licensing challenge derail your career in South Dakota—let the Lento Law Firm fight for you. We are experienced in defending professionals like you across the country, including South Dakota.
Reach out today at 888.535.3686 or fill out our confidential consultation form to get started. Going through this alone can be overwhelming—let us help you build a solid defense and secure the best outcome.
