As a Licensed Professional Counselor (LPC) in Oklahoma, your work helps keep people safe by providing services that improve their mental health and overall well-being. Your job is one of public trust, where you get into the intricacies of people's lives and solve often debilitating problems. However, like all professionals, you may encounter issues as you practice, which lead to problems that can strip you of your license. These issues can severely limit your scope of practice. They may lead to a ripple effect that affects your life, whether you live in Oklahoma City, Tulsa, or Lawton. With so much at stake, years of study, and thousands of dollars spent on your education and training at risk, it's essential to speak to a professional when facing accusations.
Every case is unique When dealing with accusations that can stop or limit your practice. You may face complex legal scenarios that cause disciplinary action, the suspension of your license, revocation by the Oklahoma State Board of Behavioral Health Licensure, and irreparable reputation damage. If you are up against this, the Lento Law Firm Professional License Defense Team is a shoulder you can rely on. With years of experience helping licensed professionals get the help, support, and legal advice they need, the team is by your side when you feel there is nowhere to turn. Send the Lento Law Firm Professional License Defense Team a message through this link or call 888-535-3686 for more information.
Actions Leading to Repercussions
According to Chapter 10 of the Oklahoma Board of Behavioral Health Licensure, you must follow the rules of professional conduct and maintain client welfare in all aspects of your practice. The law states that you must value objectivity and integrity and strive to provide the best standards of your profession. LPCs must be alert to personal, social, organizational, financial, and political pressures or situations that may lead to misusing their influence over vulnerable patients. Some of the prohibited behaviors mentioned in the act include participating or condoning:
- Dishonesty
- Fraud
- Deceit
- Misrepresentation
- Exploitation of clients for personal advantage, profit, interest, or satisfaction
Moreover, the act specifies the intricacies of client welfare and the information you have privileged access to as an LPC. To maintain client welfare and prevent any issues with the Board, you must ensure that you take the following actions:
- Discrimination: LPCs may not participate in, condone, or promote discrimination based on age, culture, race, sexual orientation, religion, disability, socioeconomic status, or any basis defined by the law. Moreover, LPCs may not discriminate against students, employees, supervisors, or research participants.
- Record-Keeping Policies: All LPCs must maintain accurate and verifiable records of their clients for at least five years beyond ending their services.
- Confidentiality: Your clients' information is confidential, and you must take reasonable action to ensure that you maintain the confidentiality of all the information you receive about the client.
- Confidentiality of Records: As an LPC, it's crucial to abide by state and federal regulations when dealing with the safety, security, and privacy of any record you create, maintain, transfer, or destroy.
- Entering into a Dual Relationship: LPCs must not knowingly enter into a dual relationship with a client and must take action to prevent one from happening. If one does occur, you must disclose the circumstances of the relationship to the client and secure their full written consent to continue with counseling and consult with other professionals to understand the possible impairments to your judgment that can arise from this relationship.
- Sexual Conduct: LPCs are forbidden from engaging in a sexual relationship with a current client.
- Counseling to Persons of Prior Association: An LPC may not provide counseling to people with whom they had any prior sexual conduct or if they had familial, social, financial, business, or non-therapeutic relationships.
- Interactions with Former Clients: An LPC cannot offer services to clients they have worked with prior unless five years have passed.
- Invasion of Privacy: LPCs may not ask for information that is not reasonably calculated to benefit the counseling process.
- Private or Independent Practice: You may not open a private or independent practice if you do not have the credentials.
It's necessary to avoid these actions during your practice to remain in good standing and protect your license. However, mistakes happen, even to the most thorough and professional LPC. Some errors may not cause issues, while others may lead to losing your license and penalties you may never have expected.
Professional Standards
Besides the above rules, LPCs must also abide by the professional standards of their work, which include:
- Violating other laws that lead to a state or federal felony crime
- Being under the influence of alcohol, drugs, or mood-altering substances
- Engage in sexual conduct with current and previous clients and supervisees. They must also refrain from supervising any person whom they have had sexual contact with for the last five years.
- Not updating the Board with changes in their contact information or place of employment within fourteen days.
- Knowingly making false statements of material facts to the Board
- Failing to disclose a fact necessary to correct a misapprehension known to the LPC
- Not responding to a demand for information made by a Board or a designee of the Board.
Adjudication Process
The Oklahoma Board of Behavioral Health Licensure promotes and enforces laws governing Licensed Professional Counselors (LPCs), Licensed Marital and Family Therapists, and Licensed Behavioral Practitioners. The official government site contains a wealth of information on laws, acts, and regulations related to your profession.
If someone wants to submit a complaint against you, they do not have to be your patient or have any prior professional relationship with you. While this may complicate things, especially if you are unsure what to do next, your focus should be on the allegations and how to disprove any untrue statements against you. The Lento Law Firm Professional License Defense Team helps during this process by explaining your rights and guiding you toward the best way to deal with the allegations and process.
Before getting into the adjudication process, it's necessary to understand what actions can put your license at risk in Oklahoma and the possible repercussions for alleged violations.
Complaint Process
When someone wants to file a complaint, they must submit a “Request For Inquiry,” or RFI, which is placed against an LPC for misconduct or someone practicing counseling without a license. Regardless of the reason for the complaint, it must be written and sent to the Oklahoma Board of Behavioral Health Licensure.
Once the Board receives the RFI, it checks to determine whether it has the appropriate jurisdiction over the LPC involved and sends a letter to the person who made the report acknowledging that they received their complaint.
Complaint Committee
The Complaint Committee reviews the RFI to determine whether a violation occurred and, if yes, to proceed with adjudication. If the Committee, in this preliminary process, determines that no violation occurred, the Executive Director responsible for the case will inform the complainant. If the Committee finds a potential violation occurred, the interview and investigation process starts.
Investigation Process
The first part of the process starts with informal interviews, where the LPC is informed about the complaint and is asked to respond in writing to meet for an interview.
If the LPC does not respond or cooperate, the case moves on to an investigation. During the investigation, the complaint committee can decide to investigate further and appoint an investigator. If criminal activity is suspected, the Complaint Committee may involve law enforcement. Suppose the case is sensitive enough where public safety is at risk. In that case, the Board can temporarily suspend an LPC's license before the formal hearing and give the LPC 48 hours' notice.
Once the complainant has filed a report, the accused may not contact or attempt to contact them, which may incur harsher penalties. Once the case is decided to proceed to a formal hearing, the Board sends all notices and documents via certified mail to the LPC. The LPC may request to delay a hearing for a good cause but must do so for a reasonable timeframe.
Formal Hearing
During the formal hearing, your case will be presented before the Committee and the Board, who examine the witness statements, evidence, and other information gathered during the investigation process. You will also have the right to respond to these allegations.
Before any matter escalates to a hearing, contacting the Lento Law Firm License Defense Team is essential. With the team by your side, you are better equipped to handle the allegations and have a guiding light that helps you understand what to do next. Taking matters into your own hands is not the right solution, as the Board will have legal professionals who know the law more thoroughly, which may make it challenging to present your side beneficially.
Although there are no guarantees for any case, having the Lento Law Firm Professional License Defense Team on your side can increase the chances of a favorable outcome.
Repercussions
Suppose the hearing process results in negative findings about you. In that case, the Board or Committee may impose sanctions that harm your career and life. These include but are not limited to:
- Probation
- Suspension
- License Revocation
Regardless of the penalties, having a black spot on your record can cause irreversible harm to your reputation and practice. Clients or employers may not want to associate with you due to past issues, causing financial losses and other problems that can be difficult to fix. Although a report against you is unavoidable in many cases, this does not mean you can't fight back. Being as passionate about protecting your license as you were in getting in makes all the difference in the outcome. The Lento Law Firm Professional License Defense Team works tirelessly with you to help decrease the chances of one mistake costing you your license.
Administrative Penalties
Besides the sanctions imposed by the Board, an LPC may also be subject to administrative penalties if the findings indicate that you violated any provision of the act, violated any rule pertaining to the OAC regarding licensed behavioral health practitioner services, or violated any order issued by the Board. The repercussions include a financial penalty that is, at maximum, $10,000.00.
Appeals
Unfortunately, the Board issues a final order for all disciplinary matters, and you may not file an appeal. This is why working with the Lento Law Firm Professional License Defense Team is critical to your success. Since you only have one chance, having the team alongside you during this process, from the preliminary investigation to the hearing, can be in your best interests.
Contacting the Lento Law Firm
You are a professional who has dedicated time, effort, and money to becoming who you are. Whether you are just starting a new practice or are a veteran, every minute counts when accusations threaten your career and livelihood. It's not only your work at stake; it also prevents you from performing a job you love and helping countless patients who benefit from your services.
The Lento Law Firm Professional License Defense Team understands what is at stake. With years of experience working with LPCs facing sanctions that threaten their license and future, the team knows how important your license is for your career and clients and works tirelessly in your best interests.
Regardless of the scenario, taking on a Board or Committee alone is never a good idea. Besides these, the complainant may have a legal team ready, complicating your case and decreasing the chances that you emerge from the ordeal unscathed.
If you or someone you love face accusations as an LPC, time is of the essence. You owe it to yourself and your clients to get the facts straight to protect your reputation.
Contact the Lento Law Firm Professional License Defense Team through the online contact form to learn more, or call 888-535-3686 for a discreet and thorough conversation about the next steps.
