Missouri Licensed Professional Counselor Defense

Counselors play a significant role in the nation's healthcare system. With a deep understanding of human behavior, Missouri's licensed professional counselors (LPCs) address a series of mental, emotional, and physiological issues through evidence-based therapies and supportive interventions. Whether working in private practice, schools, or community health centers, counselors maintain a license to practice issued by the Missouri Committee for Professional Counselors (MCPC).

The committee sets standards for education, training, and ethical practice. LPCs must meet stringent standards and fulfill ongoing continuing education requirements in order to retain their credentials. Critically, the MCPC has the authority to launch investigations and discipline misconduct that can leave counselors out of a job in an instant. If anyone— patients, colleagues, or employers—files a formal complaint, you need to act fast.

Sometimes, licensing boards fail to fully comprehend the context of a situation or mistreat counselors with harsh discipline, which can lead to the following:

  • Practice limitations and restrictions that damage your professional reputation
  • Civil penalties and restitution can place immense financial stress on your family
  • License suspension or revocation that leaves you struggling to find a job

The Lento Law Firm Professional License Defense Team provides clear guidance and a pathway toward defense. Whether Missouri LPCs are navigating the complaint process, disciplinary hearings, or filing appeals, we can provide the assistance needed to protect your livelihood. Our team will lead negotiations with state authorities and ensure counselors protect their reputations. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 now or fill out our consultation form, and we will contact you.

Missouri Committee for Professional Counselors

The MCPC guides, advises and makes recommendations to state authorities regarding public mental health and well-being issues. Among its responsibilities, it licenses the following to practice in the state:

  • Professional Counselors
  • Psychologists
  • Clinical Social Workers
  • Marital and Family Therapists

Any person who holds a valid professional counselor license issued by another jurisdiction may submit an application, along with proof of current licensure, to the committee. It's up to the MCPC to waive any examination, educational, or experience requirements for licensure. However, they may not waive requirements for applicants who:

  • Had their license revoked by another jurisdiction
  • Are currently under investigation
  • Have pending complaints
  • Are currently serving disciplinary sanctions

The MCPC may deny a license until the cause for action is corrected and the matter is resolved. Nevertheless, there are some individuals who may carry out some tenets of counseling that do not fall under the committee's purview.

Licensing Exclusions

Over two dozen occupations are excluded from state licensing requirements. These include staff counselors employed by religious institutions, volunteers of sheltered workshops, counselors in postsecondary educational institutions, and social workers. Although the occupations are excluded from licensing, there are restrictions on what they may include in their duties and official titles.

Individuals may not render counseling services outside their occupational duties unless fully licensed. Additionally, they may not use the designations "counselor," "professional counselor," or "provisional licensed professional counselor." For example, alcoholism counselors can provide services so long as they serve only individuals with alcohol-related concerns. Staff counselors employed by religious institutions must restrain their therapy practice within the confines of a religious counseling ministries program.

Supervision Rules

The state requires a clearly defined path of supervised experience and professional oversight for individuals pursuing licensure. Supervisors must be appropriately qualified, employed by, or contracted with the practice site or facility. They ensure that the supervisee's experience meets strict standards regarding hours, contact, and documentation. Departure from the guidelines breaches professional responsibility standards, thus leading to misconduct charges.

Counselors in training (CITs) or provisional licensed professional counselors (PLPCs) must have a supervisor who is employed or under a contract with the same site. Any changes to the original counseling plan, such as a different supervisor or a new setting, must be filed with the committee, and changes become effective once received by the office.

If someone is obtaining supervision in another state for a Missouri license, the supervisor must meet Missouri's requirements (for example, an Illinois or Kansas supervisor cannot be a social worker). Under supervision, CITs and PLPCs must complete:

  • Complete at least 3,000 supervised hours over at least 24 months and within five years
  • At least 1,200 hours spent in direct client contact (individual or group therapy)
  • Perform counseling or related duties no less than 15 hours per week
  • Receive one hour of face-to-face supervision per week
  • Two weeks per month is dedicated to individual supervision

Supervisors must be licensed as LPCs, psychologists, or psychiatrists. They cannot be relatives, must be licensed for at least two years, and must demonstrate experience in supervision to the committee. A CIT may work with more than one supervisor or in multiple settings, but a change-of-supervision form is required for each alteration in supervisor or location. All details must be reviewed and approved by the committee.

Continuing Education Requirements

Missouri does not require continuing education (CE) for PLPCs. However, LPCs must complete 40 hours of counseling-related CE prior to the license expiration date. At least 20 hours are "formal" CE through seminars and workshops. The remaining hours can be self-study, such as reading journals, counseling publications, or textbooks.

The MCPC does not need to approve CE providers, content, or instructors. The only requirement is that the content of the CE be related to professional counseling. If licensees fail to complete CE, they violate the MCPC's standards, subjecting them to disciplinary action. Nevertheless, there are other tenets of Missouri licensure that can land LPCs in trouble.

Professional Responsibility Standards

The committee's standards for professional responsibility serve as the foundation for ethical conduct, safeguarding client well-being and public trust. They are critical for licensees to follow, from maintaining confidentiality to avoiding conflicts of interest. Complaints about a counselor's conduct can come from numerous sources, and the committee will investigate each allegation swiftly.

Common violations of standards include one or a combination of the following:

  • Use of any controlled substance, including alcohol, to an extent it impairs their ability to practice
  • Being found guilty or pleading no contest to criminal charges
  • Obtaining or attempting to obtain any fee, charge, tuition, or other compensation through fraud, deception, or misrepresentation
  • Incompetency, misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions or duties of counseling
  • Revocation or suspension of a license or other right to practice counseling granted by another jurisdiction
  • Use of any advertisement or solicitation that is false, misleading, or deceptive to the general public
  • Violation of any professional trust or confidence

One of the most important parts of a licensee's practice is their interactions with care recipients. Therefore, the state's professional responsibility guidelines strictly govern the counselor-client relationship.

LPCs may not involve family members in the delivery of professional counseling services to a client without first securing permission from the client or their guardian. Also, a counselor cannot engage in sexual intimacies with a current client or with a person to whom they have rendered psychotherapeutic care or other services within the previous 24 months.

Complaint Procedures and Adjudication

The MCPC receives and processes each complaint to determine whether it violates professional responsibility standards or other related statutes. If the complaint has merit or the committee seeks its own charges, the matter is sent to the state's Administrative Hearing Commission (AHC).

Once filed, the AHC issues a formal notice of complaint to the LPC. The notice explains the alleged misconduct, references the relevant statutes, informs the counselor of their rights during the hearing process, and lists a date for further meetings. Pre-hearing procedures include a period of discovery. Therefore, both parties (the MCPC and the LPC) can exchange documents and evidence. The AHC also recommends a pre-hearing conference to clarify issues and work toward a potential settlement.

A Commissioner or Administrative Law Judge (ALJ) will hear and decide the case, conducting them in a manner similar to a trial court but with fewer formalities. During the hearing, the Commissioner or ALJ has the authority to:

  • Administer oaths to all parties, including witnesses
  • Scrutinize the evidence the parties provide
  • Rule on evidentiary objections
  • Affirm legal and factual determinations

During the hearing, both the committee (typically represented by a state attorney) and the LPC (or their legal representative) have the opportunity to present evidence, call and question witnesses, and make arguments. Parties may also cross-examine witnesses. After considering all evidence and arguments, the Commissioner or ALJ decides whether the LPC violated professional standards or regulations. While the burden of proof lies with the state, they only need to show through a preponderance of the evidence that the LPC committed the alleged violations.

After the hearing, the Commissioner or ALJ issues a written decision that details an explanation of the findings. The AHC will recommend or directly impose disciplinary measures, depending on the specific statute violated. Decisions are sent back to the committee, which then takes steps to issue final disciplinary actions.

Sanctions for Missouri Counselors

The particulars of discipline are listed in the notice the MCPC sends to licensees once it makes its final determination. It can affirm the will of the AHC or levy its own sanctions.

Punishment levied against licensed counselors includes the following:

  • Censure: an official communication of disapproval. It does not affect license status and is usually imposed with other sanctions.
  • Letter of reprimand: an official record of disapproval of the licensee's conduct or actions but does not affect license status.
  • Probation: a period wherein discipline is avoided on the condition of remedial requirements, which can include limitations or restrictions of practice.
  • License suspension: credentials and authorization to practice are taken for a period of no more than five years.
  • License revocation: an indefinite termination of a license to practice.

While minor discipline may not change the standing of an individual's license, even first-time written reprimands are part of a counselor's record and can quickly affect other aspects of professional life. In most states—Missouri included—disciplinary action taken on a professional license can lead to proceedings elsewhere.

Each case is different; therefore, there's no way to know how sanctions will affect each individual. Yet, LPCs and other licensed and provisional counselors can seek redress against the state's disciplinary findings.

Missouri Appeals Process

Licensees must file a notice of appeal with the Missouri Court of Appeals within 30 days of the AHC or MCPC decision. Failing to file within this period waives the right to appeal. Critically, there is a narrow bandwidth of eligibility for appeals, with only the following considered.

  • Procedural errors (including bias of conflict of interest) changed the case outcome.
  • The decision rendered is unsupported by evidence.
  • Sanctions imposed were disproportionate to the misconduct or evidence presented.

In many cases, counselors (and their legal representation) can present oral arguments in front of a judge supporting their appeal. After reviewing the written briefs and hearing testimony, the judge's decision will affirm, modify, or reverse the case determination.

Missouri Licensed Professional Counselor Defense

While sanctions depend on the complaint, alleged misconduct, or state violation, any form of adverse action must be taken seriously. There is no way to forecast the effects of license discipline or whether or not the authority to practice is revoked. However, you can be assured that your credentials remain vulnerable without a strong defense.

The Lento Law Firm Professional License Defense Team is prepared to ensure Missouri licensees have what they need to retain their ability to practice. Counselors may believe an attorney is too aggressive an option to exercise with their professional board. However, our team brings a wealth of experience and a deep understanding of state laws and the specific regulatory frameworks governing LPCs.

We are well known throughout the state, from Columbia and Kansas City to Springfield and St. Louis. Our team has helped professional counselors, psychologists, social workers, and family therapists throughout Missouri. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 today or fill out our confidential consultation form, and we will contact you.

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