Professional counselors and therapists are regulated and examined by the West Virginia Board of Examiners in Counseling. As a licensed professional in the State of West Virginia, they are entitled, due to their hard work and expertise, to treat clients for various mental health conditions. Your license grants you professional income, security, and standing. However, the Board of Examiners in Counseling is granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules.
The Lento Law Firm and its Professional License Defense Team have many years of experience defending professional counselors and therapists against allegations of misconduct. We are available to help throughout West Virginia, including in and around:
- Charlestown
- Huntington
- Morgantown
- Parkersburg
- Wheeling
Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
The Authority of the Board of Examiners in Counseling
The West Virginia Board of Examiners in Counseling (WVBEC) was created by the State of West Virginia in 1986. It regulates both professional counselors and marriage and family therapists practicing in West Virginia. It consists of seven members appointed by the Governor, including two members who are engaged in teaching counseling at a college or university, three practicing counselors, one practicing marriage and family therapist, and one individual representing the public. West Virginia law makes it illegal to practice professional counseling or marriage and family therapy without a license. In addition to the WVBEC's role in licensing professionals and setting standards for continuing education, the WVBEC is also in charge of disciplining professionals who violate state laws or the code of ethics related to their license.
Under West Virginia law, the WVBEC has broad authority to suspend or even revoke the license of a counselor or marriage and family therapist. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant West Virginia rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the WVBEC. Let the Lento Law Firm's Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
West Virginia Code of Ethics and Laws Regulating Counselors and Therapists
West Virginia has adopted the American Counseling Association Code of Ethics and the American Association for Marriage and Family Therapy Code of Ethics instead of adopting its own code of ethics. The WVBEC is empowered to take disciplinary action against any counselor or marriage and family therapist who violates the respective ethical rules.
Each Code of Ethics contains a variety of rules designed to ensure that counselors and therapists conduct their practice with a high degree of ethical and moral integrity. A violation of the Code can result in punishment, including the loss of your license for the most serious infractions. Below is a summary of the rules, the violations of which are most likely to result in serious discipline by the WVBEC.
Inappropriate Relationships.
- Sexual or romantic relationships with a current client, the romantic partner of a client, or a family member of a current client are strictly prohibited. This rule applies to both in-person and electronic interactions and relationships.
- Certain other relationships should be avoided if the relationship could potentially cause harm.
- Counselors and therapists are prohibited from engaging in counseling relationships with friends and family members with whom they have the inability to remain objective.
An inappropriate relationship is almost always considered to be a serious violation that can potentially lead to severe disciplinary action.
Confidentiality. With certain specific exceptions, counselors and therapists are required to keep all client disclosures confidential and only request confidential information when it is beneficial to the therapeutic relationship.
Discrimination. It is unethical for counselors and therapists to discriminate based on age, culture, disability, ethnicity, race, religion/spirituality, gender, gender identity, sexual orientation, or any other basis.
Sexual Harassment. Counselors are prohibited from engaging in or condoning sexual harassment.
In addition to violations of the Code of Ethics, under West Virginia law counselors and therapists may be subject to discipline if they:
- Commit a felony
- Use narcotic drugs or alcohol to the extent that it affects his or her professional competency
- Become mentally incompetent
- Obtain or attempt to obtain a counseling or therapist license by fraud or deceit
- Impersonate another licensed professional counselor or therapist
- Engage in any action that diminishes the civil or legal rights of a client
- Have been involved with the sexual exploitation of a client
- Have claimed professional qualifications that differ from their own
- Have practiced outside their areas of competence
- Have engaged in activities resulting in personal gain based upon information obtained from a confidential relationship
- Have condoned, facilitated, or collaborated in unethical practices
Procedural Rules Governing Allegations of Misconduct
The WVBEC has implemented a procedure for complaints lodged against licensed counselors and therapists. The complaint must name the counselor and contain a brief description of the facts and circumstances of the alleged misconduct. The WVBEC maintains a sample complaint form on its website.
Upon receiving a complaint, the WVBEC is required to open a file. The WVBEC may also ask the person filing the complaint for more information about the alleged misconduct. The WVBEC is required to send a copy of the complaint and any supporting documentation to the counselor or therapist by certified mail. The licensed counselor or therapist then has 30 days to submit a written response or waive the right to do so.
If you receive a notice of a complaint filed against you, you have the right to contact an attorney and obtain legal representation at that time. Engaging a Lento Law Firm attorney in the early stages of the process can have a positive effect on the outcome.
If the WVBEC determines that the complaint has merit, it will authorize an investigation and may assign the complaint to a separate ethics investigator. The ethics investigator has 60 days to investigate the complaint and file a report with the WVBEC. The investigator has the right to conduct interviews with the complaining person, any witnesses, and the licensed counselor or therapist. The report filed by an investigator is required to contain a finding as to whether the complaint is substantiated.
If a complaint is filed against you and an investigator asks you for an interview, it is crucial to speak with an attorney as soon as possible. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date. When you retain the Lento Law Firm, one of our attorneys will be available to assist you with the interview process.
After receiving the report, the WVBEC will issue its findings. If the counselor or therapist is found to have engaged in misconduct or broken an ethics rule, the WVBEC can impose sanctions ranging from a reprimand to the loss of license. If there is no finding of wrongdoing, the WVBEC will remove all evidence of the investigation from the licensed counselor's or therapist's file.
Hearings in Front of the WVBEC
If a counselor's or therapist's license is suspended or revoked by the WVBEC or the licensed counselor receives another form of discipline, he or she may request a hearing. The hearing is held within 60 days. Prior to the hearing, the WVBEC may require that the licensed counselor attend a pre-hearing conference in order to attempt to settle any contested issues. Having an attorney from the Lento Law Firm Professional License Defense Team present at this meeting is of utmost importance.
A formal complaint must be furnished by the WVBEC to the licensed counselor or therapist within 30 days of the date of the hearing. A more definitive statement or description of the matters charged will be furnished to the licensed counselor within 15 days of the hearing.
The hearing is conducted before the WVBEC. The licensed counselor or therapist has the right to be represented by an attorney of his or her choosing at the hearing. The hearing is not considered a civil or criminal “trial,” although it will be recorded or transcribed, and certain rules of evidence and other legal rules will be followed. Due to its nature, it is crucial to retain the Lento Law Firm team to assist you at any hearing.
The WVBEC will make the final disposition of the matter. It must be made within 45 days of the date of the hearing or any subsequent date that the parties have submitted post-hearing documentation. The decision of the WVBEC will be made by a majority vote and must be sent to the parties within 10 days. Either party may appeal the final order to the West Virginia court system.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the WVBEC, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified Lento Law Firm attorney by your side.
Unlike criminal matters, you are not innocent until proven guilty under the WVBEC process. In addition, the WVBEC only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the WVBEC finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging the Lento Law Firm Professional License Defense Team to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the WVBEC cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the WVBEC being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The Professional License Defense Team at the Lento Law Firm is ready and able to defend you against any kind of professional misconduct allegation. We have worked with licensed counselors and therapists nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you;
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you;
- Represent you during the investigatory process with the goal of having the complaint dismissed;
- If an adverse report is issued, negotiate with the WVBEC in order to have the penalties mitigated;
- Fully defend you before the WVBEC in any hearing, including calling and examining witnesses and presenting beneficial documents on your behalf.
Your license is too valuable to try to defend yourself on your own. The WVBEC will have a team of professionals on its side. You need a strong team on your side as well. Our Professional License Defense Team has the experience and toughness you need. Call the Lento Law Firm today at 888-535-3686 or fill out our confidential contact form.
