Psychiatrists are a valuable part of North Carolina’s healthcare landscape, treating complex mental health disorders with compassion, training, and specialized expertise. If you’re a North Carolina therapist, your medical license is crucial to your career. Whether you practice in Charlotte, Asheville, or elsewhere in the state, facing disciplinary action can be life-altering.
The LLF National Law Firm Team knows how vital mental health professionals are to North Carolina’s residents, and we work hard to protect the rights of the state’s psychiatrists. If your license to practice is at stake, you don’t have to go through the process alone. Contact us at 888-535-3686 or by filling out this confidential contact form.
Who Regulates Psychiatrist Licenses in North Carolina?
In North Carolina, mental health professionals are licensed and regulated by the North Carolina Medical Board (NCMB). The state manages all medical licenses under the same disciplinary authority, with headquarters in Raleigh.
In addition to a full-time staff, the NCMB has 13 board members, 11 of whom are appointed by the governor. Two are appointed by the general assembly. The board includes:
- 8 licensed physicians
- 1 licensed physicians assistant
- 1 approved nurse practitioner
- 3 members of the public
The board meets bimonthly, with additional disciplinary hearings as needed. In most cases, meetings are open to the public, but some confidential board business requires meetings behind closed doors. Whether you live in West, East, or Central North Carolina, any in-person dealings with the board will take place in the state capital of Raleigh.
What Kind of Allegations Do North Carolina Psychiatrists Face?
Psychiatric practice often puts professionals and clients in a private setting for hours at a time. You’ll also deal with sensitive subject matter and vulnerable patient populations. For that reason, psychiatrists face unique risks to their license status, along with the standard issues seen by other medical professionals.
Here are some of the top allegations leveled at North Carolina’s mental health practitioners.
- Boundary violations: Often the most serious of all allegations, boundary violations can include inappropriate relations with clients, overly familiar communications, and non-clinical advice that creates confusion over the nature of the provider-patient relationship.
- Improper prescribing of controlled substances: Psychiatrists often prescribe medications like benzodiazepines, stimulants, mood stabilizers, and antipsychotics. Allegations of improper prescribing can include overprescribing, failing to document the need for the medication, or neglecting to monitor the patient’s response and dependency.
- Failure to maintain confidentiality: Patients trust that their mental health providers will keep anything said in a session confidential. The unauthorized release of mental health records, disclosing session details without consent, and mishandling protected health information can all be grounds for disciplinary action.
- Mental or physical impairment: All North Carolina medical professionals are subject to discipline if the board finds that they are unable to safely practice medicine. This includes substance abuse, untreated mental health conditions, and chronic physical illnesses that interfere with clinical duties.
- Criminal charges or ethical complaints: Your license can also be put at risk by your behavior outside of work. Felony arrests can lead to action against your license, as can misdemeanors for crimes of moral turpitude, misrepresentation, or fraud.
How the NCMB Investigates North Carolina Psychiatrists
Typically, an NCMB investigation kicks off with a complaint, which can be done in a few minutes on the NCMB website. Anyone can file a complaint, but certain North Carolina professionals have a duty to report any witnessed infractions.
Once the NCMB receives a complaint, the investigation begins. The following steps apply to every license investigation:
- Licensee notification: You, the licensee, will be notified that someone has made allegations against you. If informing you might jeopardize the investigation, no written notification will be issued.
- Right to retain counsel: The written notification should advise you of your right to retain counsel. If you choose to do so, you’ll need to inform the board, in writing, and provide the name and contact information of your attorney.
- Written response: You’ll have 45 days to submit a written response to the charges. In some cases, the board will grant a 30-day extension upon request.
- Review of written response: Sometimes, the information you provide in your written response is all the board needs to make a decision. If that isn’t the case, though, the investigation will proceed.
- Delegation: After reviewing the complaint and your response, the staff will refer the matter to the appropriate party. Quality of care matters are forwarded to the Office of the Medical Director (OMD) for investigation, and all matters are reviewed by board attorneys who provide their recommendations.
- Senior staff review: All cases and their recommendations go through a final review by the chiefs and managers of the complaints, investigations, and legal departments, as well as the OMD. This committee will come to a consensus, and their decision might differ from the recommendations made by staff and attorneys.
- Final board review: If disciplinary action is recommended, the board will take one last look at the case and decide on the sanctions to be imposed.
- Board evaluation: The board votes on whether to carry out the action. In some cases, more information is necessary, and the licensee may be asked to appear in front of the board in a confidential interview.
Unlike some other states, North Carolina sets a six-month deadline for any medical license investigation. If the investigation extends past six months, the board is required to notify you, the licensee, of the reason for the delay.
Possible Investigation Outcomes in North Carolina
Each case that goes in front of the board is unique, so it can go a variety of ways. But when it comes to resolving a case, the board follows one of three defined actions:
- Accept as information: When the board finds no violation has occurred, the case will be closed. The information will remain in your file, but it will be kept confidential.
- Private board action: If the board doesn’t find a violation but has concerns about a licensee’s actions, private disciplinary action may be ordered. This is often something as simple as a letter of concern or remedial education that doesn’t go on the licensee’s public record.
- Public board action: When the board determines a violation took place, public disciplinary action will be taken. That action is designed to protect patients and is public record.
On average, 60 percent of all investigated matters are closed and sealed in a licensee’s confidential file. Of the remaining cases, ~24 percent are resolved as private actions and ~10 percent result in public action.
Public Actions for North Carolina Psychiatrists
When the board decides to take action, the action is communicated in an order issued to the licensee. The order type depends on the severity of the perceived infractions. Order types are:
- Public letters of concern: This is simply a written notification that expresses concern about a particular behavior. While a letter of concern lets you continue to practice without further action, it is public record. You can accept the letter of concern or proceed to a board hearing, where you can state your case.
- Consent orders: A slightly more serious sanction is a consent order, which describes your imposed sanctions. You’ll need to agree to the consent order for it to become final.
- Orders of discipline: This letter follows a board hearing and outlines the imposed sanctions. You do not have to agree to an order of discipline for it to become official, but the board must follow due process before issuing it.
- Notice and entry of revocation: In the rare case that a psychiatrist is convicted of a felony, the board will issue this order, which withdraws the professional’s ability to practice.
- Order of summary suspension: A summary suspension temporarily removes your ability to practice to protect patient safety. In the event of a summary suspension, you’ll have the right to a hearing.
Most NCMB actions are either public letters or consent orders. The order will outline what you need to know to proceed.
Disciplinary Sanctions in North Carolina
Whether you practice in Greensboro, Fayetteville, or elsewhere in North Carolina, you’ll face a variety of penalties if the board finds you in violation. Potential sanctions include:
- Reprimand: This is a public letter citing any violations.
- Probation: If you’re put on probation, you’ll have ongoing monitoring and compliance requirements.
- Suspension: Your license may be temporarily suspended, leaving you unable to work until it’s restored.
- Revocation: With this option, you’ll permanently lose your license.
- Fines: The board may impose fines or order restitution in conjunction with any of the above actions.
Potential Consequences of Disciplinary Action in North Carolina
Consumers look for therapists they can trust, and disciplinary action can erode that trust. Here are some ways board action can impact you professionally.
- Public reputation harm: The NCMB lists disciplinary action on its website, as well as reporting it to the National Practitioner Data Bank and the Federation of State Medical Boards. This information can be accessed by employers, hospitals, insurers, other state boards, and nosy neighbors and friends who look you up online.
- Loss of employment: You need your medical license to practice, so losing it, even temporarily, can affect your ability to earn a living. You may continue to see your employment options limited long after any sanctions have been completed.
- Personal reputation damage: In tight-knit communities like Winston-Salem and Chapel Hill, professionals may find their public disciplinary action becomes part of the gossip mill. This could leave you feeling isolated, particularly from your colleagues who were also friends.
- Loss of board certification: Professional organizations like the American Board of Psychiatry and Neurology may revoke your certification after disciplinary action.
The LLF National Law Firm Professional License Defense Team has seen the far-reaching impact that licensing action can have. We aim to reduce the aftereffects by working with you from the start to proactively defend your license.
What to Do If the NCMB Contacts You
If you receive a letter in the mail from the NCMB, don’t panic. Here are some steps to take to safeguard your license from the start.
- Don’t contact the complainant: Yes, it can be tempting to reach out to the person who filed the complaint, thinking you can straighten things out with a quick conversation. This contact can look like interference or retaliation.
- Do not submit a response right away: The board gives you a deadline for filing a written response, and it’s important to take at least some of that time to gather documentation and contact legal counsel for help. Your written response could lead to yours being among the 60 percent of cases that are closed and kept confidential, so you should make it the best you can.
- Preserve all records: In the days following board notification, take some time to gather documentation. Jot down timelines and gather emails, text messages, patient files, and anything else you might need for the investigation.
- Contact an experienced license defense attorney: The LLF National Law Firm has years of experience with board processes and can help with your case.
How the LLF National Law Firm Can Help
At the LLF National Law Firm, our attorneys have successfully defended medical professionals against a wide range of disciplinary actions. Our team understands both the legal and clinical issues involved and will work hard to protect your license and your livelihood.
Our team helps North Carolina psychiatrists with:
- Confidential case evaluation: To get started, we take a thorough look at the allegations and where you are in the process. We’ll help you understand what to expect at each stage of the investigation.
- Strategic response preparation: Using our understanding of board processes, we’ll craft written responses that explain your side clearly.
- Interview and hearing preparation: When it’s time to appear in front of the board, we’ll help you get ready, from drafting your statement to advising you on the best documentation to present.
- Mitigation and rehabilitation: When necessary, we can help you present evidence of compliance, treatment, or continuing education to show that you’ve completed the assigned disciplinary action.
Board investigations can be stressful, and part of that stress is not knowing what to expect. Our team will help you navigate the process from start to finish so that you’ll understand what’s going on behind the scenes.
The LLF National Law Firm Team Approach
As a psychiatrist, your medical license is more than a credential. It’s the foundation of your ability to practice your profession. When that license is at risk, it’s only natural to feel overwhelmed and unsure of where to turn.
That’s where the LLF National Law Firm Professional License Defense Team can help. We’ll take a look at your case, explain your rights, and help you defend your license. Give us a call today at 888-535-3686, or you can fill out this form, and we’ll be in touch.