As a Licensed Professional Therapist (LPC) in Oregon, you have a unique position that allows you to get into the details of people's lives and help them. While your job is rewarding and comes with multiple benefits to society, it also comes with high discretion and a unique set of rules that help protect you and the clients you serve. However, whether you have worked for years as an LPC or are just starting your career, there are some issues that you may encounter that pose significant risks to your license. If you go against the rules or commit violations, you may face repercussions that have a detrimental effect on your career, reputation, and even the clients you help. Although most problems have solutions, some issues are not easy to overcome, and this calls for professional help that you can receive from the Lento Law Firm Professional License Defense Team.
No LPC or mental health professional enters the field expecting to have their license revoked. However, whether it is intentional or a genuine mistake, being in a position of public trust does lead to situations where you may make mistakes. No professional is perfect, and some mistakes are to be expected as part of the process. When these mistakes threaten your livelihood, reputation, and ability to perform your job to the best and fullest of your capacity, taking action is essential to your success. The Lento Law Firm Professional License Defense Team is by your side to tackle even the most complicated issues that may arise when dealing with complaints and possible penalties. Send the team a message through this link to learn more, or call 888-535-3686 to discuss your options.
Oregon Board of Licensed Professional Counselors and Therapists
The Oregon Board of Licensed Professional Counselors and Therapists oversees all issues relating to your practice. According to the statutes released by the Board, the following actions may be a reason for the denial, suspension, or revocation of your license:
- Being convicted of a crime in Oregon or any state or territory of the United States
- The inability to perform the practice of professional counseling because of a physical illness
- Has a specific impairment as defined in ORS 676.303
- Being found grossly negligent in the practice of professional counseling
- Violating any rule that the Board implements about your licensure as a professional counselor
- Failing to file a professional disclosure statement or filing a false, incomplete, or misleading professional disclosure statement
- Practicing outside the scope of your activities, which includes administrating, constructing, or interpreting tests or diagnosing or treating mental disorders where you do not have the appropriate training and qualifications
- Has been disciplined by the state's mental health, licensing board, or program for the violation of competency or conduct standards
- Has been convicted of a sex crime or convicted in another state or jurisdiction of a crime that is substantially equivalent to a sex crime
Another segment in the act also lists the prohibited practices that will lead to penalties, which include the following:
- Attempting to obtain or obtaining a license or license renewal through an act of bribery or by fraudulent representation
- Engaging or representing to the public that you are involved in the practice of professional counseling under the title “Licensed Professional Counselor” unless you have that license
- Engaging or appearing to engage in the practice of Marriage and Family Therapy under the title of “Licensed Marriage and Family Therapist” unless you have the license for it
- Providing counseling or therapy services of a psychotherapeutic nature if you're licensed to practice as a professional counselor but the Oregon Board of Licensed Professional Counselors and Therapists revoked it because you engaged in sexual activity with a client.
Adjudication and Compliance
The process for handling complaints and the adjudication process falls under Chapter 833, which thoroughly explains what the Board does and how complaints are handled. Any person, group of people, or even the Board on its own may file a complaint against any LPC who they believe has engaged in a violation. If the complaint indicates that an LPC does not have the competency to practice or if they violated the law, it will be treated as a complaint of professional misconduct. However, suppose a person is complaining about an LPC that doesn't have the proper credentials. In that case, this is considered a complaint of unlicensed practice.
The Board makes all documents and forms related to creating a complaint public to facilitate the reporting process. If the complaint was initially made verbally or does not contain enough information that would be present using the Board's form, a Board representative contacts the complainant to use the Board's form. Suppose the complainant is a current or former client of the LPC. In that case, the Board will ask that the complainant sign a release form that allows it and the Board's legal counsel to access their records. If the complainant refuses to sign the release form, the Board may dismiss the complaint.
Investigation Process
Once the Board receives a complaint, it opens a complaint file and initiates an investigation. The review determines whether it should assign additional investigators to the case. During this process, the Board also has the authority to dismiss the case if it believes there is no substantial evidence to prove that a violation was committed.
If the Board determines that additional investigations are necessary, it informs the LPC that they are under investigation and gives them information relevant to the allegations. The Board may also ask that the LPC send a written response acknowledging that they are aware of the investigation.
Besides sending a notification, the Oregon Board is quite strict regarding cooperation. It considers specific steps as forms of cooperation, which include:
- Submitting client records to a representative assigned by the Board, with or without a signed release from their client, to conduct a full investigation of the allegations.
- Sending a complete case file to the representative upon request
- The LPC must be available for a personal interview if the Board representative requests it
- Responding truthfully and accurately to the questions posed by the representative
Additionally, the Board includes specific actions that an LPC must not take during this process, which may lead to further penalization and complications. These are listed as follows:
- Threatening, harassing, delaying, or obstructing any person when they want to provide evidence for an investigation, contested case, or other action instituted by the Board.
- Harassing or threatening the Board when carrying out its duty
- Altering or destroying records that the Board asks for and attempting to deceive Board members or investigators
- Trying to influence someone's testimony or participation in the investigation process or asking someone else to do so
- Retaliating against any person who is participating in a Board investigation
During the investigation process, the Board may delay a licensure application or issue an associate registration, temporary practice authorization, or license until the resolution of the complaint.
Once the investigator collects the required evidence and interviews witnesses, they conclude their investigation by filing a report to the Board. The report must clearly define the issues that the Board will take possible action against.
Complaint Disposition
After the Board receives the investigator's report, it may take several actions, including:
- Dismissing the complaint
- Continuing the investigation
- Issue a notice of proposed action
- Propose a non-disciplinary action
- Negotiate an agreement in place of a hearing, default, or disciplinary action
If the case may proceed to a hearing, the Board sends a notice of intent to propose enforcement action with the opportunity for a hearing.
Hearing
If the case proceeds to a hearing, the Board implements specific rules and imposes consequences if the LPC fails to answer. If an LPC wants the matter to proceed to a hearing, they must send a hearing request to the Board within 21 calendar days after receiving the notice of intent mentioned above. If the LPC or their attorney requires an answer, the request must include an admission or denial of each factual matter alleged in the notice and a short and plain statement of affirmative defense.
Unless there is reasonable cause, the Board will waive any matter that does not have an appropriate defense. Moreover, the Board may dismiss a defense if it is irrelevant to the particular case and may not accept any new matters or evidence presented that was not included in the initial notice.
Having the experience of the Lento Law Firm Professional License Defense Team is essential during every step of the process, from investigation to hearing. If a client or group is submitting a complaint, it is safe to assume that they have hired an attorney and will do their best to win the case. Even if your livelihood is at stake, the other party may leave no stone unturned regarding your reputation and competence. Having the team by your side is also a sign that you are prepared for what is to come, decreasing the likelihood of an unfavorable outcome.
Steps to Take When Receiving a Notice
You may be tempted to take drastic actions once you receive notice of an ongoing investigation against you. Even if the allegations are entirely false, letting your emotions get the best of you is not the right way to go, as it may exacerbate an already complicated issue and lead to further penalties.
The first step is to control anger or negative emotions and deal with the matter by speaking to the Lento Law Firm Professional License Defense Team. Once you talk to someone at the firm, they can help you understand what to prepare for and your options and gather the proper evidence to bolster your chances of success.
It's also crucial not to contact the complainant, whether you know them or not. Oregon has strict rules regarding interfering, harassing, or intimidating others making a complaint. If you lash out or try to contact this person, you are setting yourself up for failure, and it will be easier to show that you are at fault, even if you did nothing wrong.
After speaking to the Lento Law Firm Professional License Defense Team, refrain from publicly talking about the case to colleagues, friends, and family members. Anything you say can be used against you, so staying silent about the matter and working with your defense team is your best chance to go into the process with a clear and level head.
Always remember that everyone is presumed innocent unless proven guilty, which also applies to your case. With the right team by your side, you will have a strong and steady shoulder to rely on to inform you of your rights, the law, and the best steps to take.
Contacting the Lento Law Firm Professional License Defense Team
You worked hard to reach where you are, building a career, life, and reputation in mental health. One accusation may lead to losing everything you worked hard for, and it's challenging to start over when your reputation is damaged.
The Lento Law Firm Professional License Defense Team understands your concerns and what is at stake. With years of experience working with mental health professionals nationwide, the team is by your side when it seems you have no options.
Regardless of the accusations, you deserve a fair adjudication process and a chance to defend yourself against allegations that can ruin your life and everything you worked hard to achieve. With the Lento Law Firm Professional License Defense Team, you can rest assured that they have your best interests at heart and will work tirelessly for the best possible outcome.
Don't take on your case alone. Once you learn of an investigation against you, every step matters in the outcome.
Hope is available if you or someone you love face allegations of wrongdoing as a mental health professional or LPC in Oregon. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 for more information, or message the team now to learn more about your options.
