Maryland Mental Health Professional License Defense

If you are a licensed mental health professional in Maryland, your ability to practice is dependent on maintaining good standing with the state's licensing authority. Claims of misconduct, ethical violations, or regulatory infractions put your license in jeopardy. When allegations of wrongdoing threaten your professional license, you need a strong legal defense to protect your livelihood and your career.

At the Lento Law Firm, our Professional License Defense Team understands how essential your mental health license is for your professional success. We recognize the unique challenges mental health counselors and therapists face every day, and we are dedicated to protecting your rights and your professional future.

Our firm has extensive experience defending individuals nationwide whose professional licenses are at risk. Our professional license defense attorneys protect your rights and guide you through the regulatory process in Maryland. Contact us and tell us about your case, or call our offices today at 888.535.3686 to arrange a confidential consultation with a member of our team.

The Maryland Board of Professional Counselors and Therapists

In Maryland, the Maryland Board of Professional Counselors and Therapists (BOPCT), part of the Maryland Department of Health, is the regulatory body for mental health professionals in the state. The Board is the licensing authority of professional counselors and therapists and is mandated to regulate the practice of counseling and therapy. The Board is responsible for overseeing the licensure process, certifying qualified counselors and therapists, adopting a code of ethics, establishing fees, communicating regulations for the practice of professional counseling and therapy, and verifying credentials.

The Board of Professional Counselors and Therapists issues licenses establishes requirements for continuing education and professional development, investigates complaints based on alleged violations of regulations and statutes, and forms committees to advise the Board on special issues. Whether addressing issues of professional misconduct or ensuring adherence to scope-of-practice guidelines, the Board of Professional Counselors and Therapists plays a crucial role in maintaining the competency of licensed mental health professionals and safeguarding public trust in the mental health profession.

Types of Mental Health Professionals in Maryland

There are several types of mental health professionals in Maryland, all of whom are regulated by the Maryland State Board of Professional Counselors and Therapists. These include the following:

• Licensed Clinical Professional Counselors (LCPCs): These professionals provide psychotherapy, counseling, and mental health treatment for individuals, couples, and families.
• Licensed Graduate Professional Counselors (LGPCs): these counselors are entry-level counselors working under supervision to gain experience before becoming fully licensed LCPCs.
• Licensed Clinical Marriage and Family Therapists (LCMFTs): these therapists specialize in diagnosing and treating emotional and psychological issues within marriage and family dynamics.
• Licensed Graduate Marriage and Family Therapists (LGMFTs): these therapists practice under supervision to develop expertise in marriage and family therapy before full licensure.
• Licensed Clinical Alcohol and Drug Counselors (LCADCs): these professionals diagnose and treat substance use disorders, providing therapy and support for individuals struggling with addiction.
• Licensed Graduate Alcohol and Drug Counselors (LGADCs): these counselors work under supervision as they gain the experience necessary to become fully licensed LCADCs.
• Certified Professional Counselors (CPCs): these professional counselors provide general mental health counseling and therapy services, often working in community or outpatient settings.
• Certified Associate Counselors (CACs): these counselors most often provide entry-level counseling services under supervision, assisting individuals with mental health or substance abuse challenges.

Common Allegations Leading to Disciplinary Action

Many different circumstances can prompt an investigation or disciplinary proceedings by the Maryland Board of Professional Counselors and Therapists. Complaints may stem from patient concerns, employer reports, insurance audits, or regulatory reviews. Some of the most frequent allegations leading to professional licensing challenges include the following:

1. Unprofessional Conduct: Unprofessional conduct addresses a wide range of behaviors that violate the ethical standards expected of licensed mental health professionals in the state. Unprofessional conduct may include:
• Breach of patient confidentiality or violations of HIPAA, the Health Insurance Portability and Accountability Act, which is a federal law that protects patients' health information.
• Disclosing information about a patient without the proper authorization or failing to secure sensitive records. This includes sharing client details without consent, failing to safeguard electronic records, or discussing cases inappropriately.
• Boundary violations such as engaging in inappropriate relationships with clients, violating professional boundaries, and ethical standards.
• Providing false or misleading information about qualifications or services, such as misrepresenting one's credentials, expertise, or treatment capabilities.
• Poor documentation, which includes failing to maintain appropriate records regarding a patient's care, treatment, and progress.
2. Negligence or Incompetence: Claims of misdiagnosis, improper treatment methods, or failure to document patient care adequately. These allegations may arise when a therapist provides substandard care, fails to adhere to treatment guidelines, or overlooks crucial client concerns.
3. Fraudulent Billing or Insurance Violations: Allegations of billing for unprovided services, submitting false claims, overbilling, or engaging in Medicaid/Medicare or other forms of insurance fraud. Violations may include upcoding services, double billing, or misrepresenting the nature of treatment to insurance providers. These violations can lead to audits, investigations, and possible criminal charges brought against the mental health professional.
4. Substance Abuse and Impairment Issues: Allegations of impairment, such as when a mental health professional practices while under the influence of drugs or alcohol. This is a strict violation of Maryland regulations and can lead to serious consequences such as license suspension, mandatory treatment programs, or license revocation. Mental health professionals struggling with substance abuse may face allegations of professional misconduct if their condition affects their ability to practice safely.
5. Criminal Charges or Convictions: In Maryland, legal issues such as driving under the influence of alcohol or drugs (DUI), drug-related offenses, or other criminal activity can impact the status of a professional mental health license. Criminal convictions, even those unrelated to clinical practice, can trigger disciplinary action by the Maryland State Board of Professional Counselors and Therapists.
6. Failure to Meet Continuing Education Requirements: The Maryland State Board of Professional Counselors and Therapists establishes requirements for continuing education and professional development. Noncompliance with these continuing education mandates for license renewal may result in license suspension or revocation. Mental health professionals in the state must complete ongoing professional training to stay updated on industry standards and best practices.
7. Improper Supervision of Interns or Assistants: Failing to provide the appropriate oversight of mental health trainees or graduate-level professionals. Mental health supervisors are responsible for ensuring that interns and junior counselors follow the ethical and professional guidelines established by the Maryland State Board of Professional Counselors and Therapists.
8. Ethical Conflicts and Dual Relationships: The Maryland State Board of Professional Counselors and Therapists has the legal authority to establish and enforce strict ethical guidelines that are designed to prevent conflicts of interest and inappropriate behavior on the part of mental health professionals. Violating these guidelines, engaging in financial improprieties, or participating in inappropriate personal relationships with clients can result in ethical violations.

Mental Health License Investigation and Disciplinary Process in Maryland

When a complaint is filed against a mental health professional, the Maryland State Board of Professional Counselors and Therapists will initiate an investigation into the allegations. The investigative process typically follows these steps:

1. Filing a Complaint: A complaint can be filed with the Board of Professional Counselors and Therapists by a client, employer, insurance company, or even a colleague. Complaints may arise from personal grievances, misunderstandings, or legitimate concerns about ethical or legal violations.
2. Initial Review: When the Board receives a complaint, they conduct an initial review to determine whether the allegations fall under its jurisdiction. If the complaint does not pertain to professional conduct or licensing laws, it may be dismissed without further action.
3. Formal Investigation: If the Board finds merit in the complaint, an investigation is launched. The licensee who is the subject of the complaint may receive a Notice of Investigation. This official notice may require you to provide records, respond to allegations, or appear before the Board. Investigators may also interview witnesses, patients, or colleagues.
4. Informal Settlement or Consent Agreement: In some cases, the Board may offer the licensee a consent order or settlement agreement, which could involve paying fines, completing additional training, a period of probation, or supervision requirements.
5. Formal Charges and Administrative Hearing: If the complaint against you is not resolved informally, the Board may file formal charges. In those situations, you will be given the opportunity to defend yourself at an administrative hearing before the Office of Administrative Hearings (OAH). These hearings function similarly to court trials, with evidence, testimony, and legal arguments presented.
6. Board Decision and Disciplinary Action: After the hearing, the Board will issue a decision. If the Board finds that the licensee did not commit any violation, then they may dismiss the complaint. If, however, the Board finds sufficient evidence of misconduct on the part of the mental health professional, then they may take disciplinary action. Potential disciplinary actions include a reprimand for minor infractions, imposing monetary fines, suspension or revocation of the mental health license, completion of mandatory continuing education or supervision, or a probationary period.

If you receive an unfavorable decision, you may have the right to appeal in Maryland's courts.

Advocating for Mental Health Professionals Throughout Maryland

The Lento Law Firm is committed to defending mental health professionals across Maryland, including those serving communities in Baltimore, Annapolis, Columbia, Silver Spring, and Rockville. We recognize the unique challenges faced by mental health practitioners, and we customize our defense strategies to address your specific legal needs. We are dedicated to defending mental health professionals and provide experienced, knowledgeable counsel.

Defending Your Professional Mental Health License: How The Lento Law Firm Can Help

Facing a licensing complaint, investigation, or disciplinary hearing can put your career and reputation at risk. Securing a strong defense is essential to protecting your ability to practice. At the Lento Law Firm, our Professional License Defense Team provides comprehensive legal support to mental health professionals nationwide. We offer skilled representation and strategic advocacy at every stage of the process, including:

• In-Depth Case Assessment and Defense Strategy: Our seasoned license defense attorneys conduct a detailed review of the complaint, examine relevant documentation, assess the allegations, and evaluate the specifics of the case. We craft a defense strategy tailored to your unique situation, ensuring the strongest possible response.
• Representation During Board Investigations: When responding to the Maryland State Board of Professional Counselors and Therapists, our attorneys carefully draft statements to protect your rights and prevent unintentional self-incrimination. We also provide legal representation during Board interviews and inquiries to ensure your voice is heard while safeguarding your professional standing.
• Strategic Negotiation for Favorable Outcomes: Our legal team works diligently on your behalf to negotiate a resolution with the Board that minimizes disciplinary action. This may involve reducing the charges, preventing license suspension, or securing alternative corrective measures that allow you to continue your practice.
• Aggressive Representation in Formal Hearings: If the case against you advances to a formal hearing, our attorneys are by your side throughout the process. We challenge the allegations, present compelling evidence in your defense, and conduct effective cross-examinations of witnesses to ensure the best possible outcome in your case.
• License Reinstatement and Rehabilitation Advocacy: If your professional mental health license has been suspended or revoked, our team will guide you through the reinstatement process. Our attorneys will demonstrate compliance with Board requirements and advocate for your full return to practice, helping you rebuild your professional career.

At the Lento Law Firm, we are committed to protecting your mental health license, your reputation, and your future. Our experienced Professional License Defense Team is committed to securing the best possible outcome for your career. Contact the Lento Law Firm today and tell us about your case, or call our offices at 888.535.3686 to arrange a confidential consultation.