In Alabama, Licensed Professional Counselors (LPCs) are authorized to provide counseling services to individuals, groups, and organizations in various settings, including private practice. The path to becoming an LPC involves completing a master's degree in counseling, obtaining a certification as an Associate Licensed Counselor (ALC), accumulating supervised clinical experience, and passing the National Counselor Examination.
As such, LPCs in Alabama have invested significant time and effort into their education and training, building a career dedicated to supporting individuals with mental health challenges. The professional license granted by the Alabama Board of Examiners in Counseling is the cornerstone of their practice, yet complaints, misinterpretations, or alleged misconduct can put that license in jeopardy quickly.
If you are an LPC facing allegations that threaten the status of your license, it is crucial you seek experienced legal counsel immediately to protect your career and reputation. The Lento Law Firm's Professional License Defense Team is familiar with Alabama's counseling regulations and can provide vital support in addressing a range of issues, from professional misconduct accusations to questions of competency.
It is important to note that even minor complaints about you can potentially escalate, putting your license at risk of disciplinary action, including suspension or revocation. Working with the Lento Law Firm early in the process is critical in protecting your right to practice as an LPC in Alabama.
Don't allow a misunderstanding or unfounded allegation to derail your career. Contact the Lento Law Firm today at 888-535-3686 or schedule a consultation online.
How Alabama Licensed Professional Counselors are Regulated
LPCs in Alabama are regulated by the Alabama Board of Examiners in Counseling. This state regulatory agency oversees the licensing, practice, and disciplinary actions of counselors in Alabama.
To engage in the private practice of counseling, LPCs must obtain a valid license. As explained above, the licensing process includes:
- Completing a master's degree in counseling.
- Obtaining certification as an Associate Licensed Counselor.
- Accumulating supervises clinical experience.
- Passing the National Counselor Examination.
- Applying for LPC Status.
Once an LPC receives their license, they are allowed to:
- Provide individual, family, marital, and group therapy.
- Conduct counseling in various settings, including school, rehabilitation, and career counseling.
- Perform appraisal activities and interpret scientific data.
- Engage in referral and research activities.
In addition, the Board has the authority to take disciplinary action against LPCs for various reasons. To this end, it is the Board's obligation to provide LPCs with due process, including notice and an opportunity for a hearing. If an LPC is accused of something, the Board will work diligently to ensure necessary action is taken and ensure state residents are receiving competent mental health care.
Common Allegations that Can Endanger a Licensed Professional Counselor's License
LPCs in Alabama are accused of a number of different actions, many of which will negatively impact their professional licenses. Common allegations include:
- Being convicted of a felony or any other offense that involves moral turpitude.
- Violating the Board's code of ethics.
- Using a narcotic or alcoholic beverage in a way that is dangerous to another person or the public or in a way that impairs their ability to perform their work.
- Impersonating another person holding a professional counselor license or associated license or having allowed someone else to impersonate them and their license.
- Being found mentally incompetent.
- Willfully or negligently violated the Board's rules or regulations.
- Practicing as a counselor without a license.
- Having an inappropriate relationship with a patient or their family members, especially a sexual one.
- Exploiting a patient, their family, or staff.
- Stealing from a patient.
- Failing to inform the Board of disciplinary actions that were taken by licensing authorities in other states.
- Violating patient confidentiality.
Areas the Lento Law Firm Serves in Alabama
Alabama is home to over 5 million people and boasts a robust network of LPCs catering to the diverse needs of its residents. The Lento Law Firm extends its services to LPCs across the state, from bustling urban centers to quaint rural communities.
Birmingham
As Alabama's most populous city, Birmingham stands as a testament to the state's industrial heritage and modern progress. With roughly 200,000 inhabitants, this dynamic metropolis boasts a multifaceted economy, with prominent sectors including healthcare, financial services, and advanced manufacturing. The city is a hub for higher education, hosting institutions like the University of Alabama at Birmingham and Samford University. Birmingham's mental health counseling landscape is equally impressive, featuring a wide array of counseling services is equally impressive, featuring a wide array of counseling services such as Grayson & Associates, Alabama Psychiatry, and the UAB Department of Psychiatry and Behavioral Neurobiology.
Mobile
Nestled along Alabama's picturesque Gulf Coast, Mobile is a city steeped in Southern charm and maritime history. Home to approximately 187,000 residents, Mobile is renowned for its annual Mardi Gras festivities and stunning antebellum architecture. The city's economy thrives on its bustling port, aerospace industry, and growing healthcare sector. Mobile's commitment to mental health is evident in its numerous counseling centers, including AltaPointe Health, which serves as a cornerstone for behavioral healthcare in the region.
Huntsville
Known affectionately as the “Rocket City,” Huntsville has skyrocketed to become one of Alabama's fastest-growing metropolitan areas, boasting a population of around 215,000. This northern Alabama gem is synonymous with space exploration and cutting-edge technology, housing NASA's Marshall Space Flight Center and a plethora of high-tech companies. Huntsville's progressive approach extends to mental health care, with institutions like the Alabama Counseling Center and Wellstone Behavioral Health providing comprehensive services to the community.
Montgomery
As Alabama's capital, Montgomery holds a pivotal place in the state's history and contemporary landscape. With about 200,000 residents, this city along the Alabama River blends governmental functions with a rich cultural heritage, particularly notable for its role in the Civil Rights Movement. Montgomery's diverse economy encompasses government services, healthcare, and education. The city's mental health infrastructure is robust, featuring organizations like the Montgomery Area Mental Health Authority and Baptist Health, which offer a wide spectrum of counseling and psychiatric services.
The Licensed Professional Counselor Disciplinary Procedure in Alabama
The Alabama Board of Examiners in Counseling (ABEC) oversees the regulation and disciplinary processes for LPCs and Associated Licensed Counselors (ALCs). When allegations arise, prompt engagement with legal counsel familiar with Alabama's administrative rules is critical to safeguarding professional credentials and minimizing repercussions.
Complaints & Investigations
Disciplinary proceedings typically begin when a written, signed complaint is submitted to ABEC detailing alleged violations of ethical or legal standards. Complaints may originate from anyone, including disgruntled and bored clients, colleagues, employers, or other stakeholders.
- Preliminary Assessment: ABEC first evaluates whether the complaint falls under its jurisdiction and if the allegations, if substantiated, would breach the Alabama Counseling Practice Act or ABEC regulations.
- Evidence Gathering: If jurisdiction is established, the board may:
- Request additional documentation from the complainant.
- Notify the counselor and solicit a written response.
- Collect medical records, correspondence, or witness statements.
- Investigative Committee Review: A committee assesses evidence to determine probable cause for formal charges.
During investigations, counselors should consult legal counsel before submitting statements, as responses can significantly influence the outcome of their case.
Hearings and Formal Proceedings
If the evidence is gathered by ABEC's initial procedures, they will initiate formal proceedings by issuing a Notice of Hearing via registered mail, providing 30-60 days to prepare. Hearings occur before board members, where both parties may present evidence, cross-examine witnesses, and argue their case.
Potential disciplinary measures include:
- Fines: Civil penalties ranging from $500 to $5,000 for unlicensed practice or ethical breaches.
- Reprimands: Non-public written warnings or public censures.
- Probation: License retention under monitored conditions (like supervision or continuing education).
- Suspension or Revocation: Temporary or permanent loss of licensure, with reinstatement possible after three years for revoked licenses.
ABEC may also impose remedial requirements, such as ethics courses or therapy, before reinstatement.
The Lento Law Firm Professional License Defense Team's primary goal is to help you receive the best possible outcome for your case. No matter the allegations, they can help.
Appeals
LPCs who are found responsible for violating the ABEC's rules can appeal the decision to Alabama state courts within 30 days of the ABEC's final order. If you decide to pursue an appeal, it is important to note that it is not a revisiting of the facts but an argument that there were procedural errors or misapplication of law in the original procedural process and decision-making.
Key steps to the appeal include a judge assessing whether ABEC adhered to administrative protocols during the hearing. The appeals court will review the appeal and determine whether the original decision should be upheld, modified, or overturned. It should be noted that while the appeal is being reviewed, the disciplinary action will remain in effect. So, if your license is placed on probation or revoked outright after the initial hearing, it will remain as such until the appeal is completed.
Strategic Considerations to Keep in Mind
There are a number of strategic considerations to keep in mind when pursuing your defense against these allegations, including:
- Voluntary Surrender: ABEC prohibits license surrender to circumvent disciplinary action. So, you cannot give up your license to avoid disciplinary action. It is more important to establish a vigorous defense of yourself and your livelihood.
- Public Records: Final disciplinary orders are publicly accessible and reported to national databases. As such, it is important to work with a skilled professional license defense attorney who will tirelessly defend your position to avoid negatively affecting your reputation.
- Legal Costs: In some cases, LPCs who lose their case to ABEC may have to reimburse the ABEC's investigative expenses. To ensure you are not being subjected to expensive and extensive legal costs such as these, it is crucial to work with a defense attorney instead of attempting to pursue a defense on your own.
How the Lento Law Firm Professional Defense Team Can Help
Getting blamed for violating the ABEC's code of conduct in Alabama can have disastrous effects on both your professional and personal lives. Not only could you lose your job, but you might also be forced to move from your home, uproot your family, or change careers altogether.
The moment you learn of the allegations against you, you need to reach out to an experienced professional license defense attorney. The Lento Law Firm has spent years helping licensed professional counselors and mental health providers when they are accused of violating their professional licenses. Our team will work diligently to ensure you are not being punished unnecessarily.
The Lento Law Firm delivers end-to-end legal representation tailored to Alabama's regulatory landscape. Our team guides professionals through every phase of licensure disputes—from initial complaint evaluations and investigative interviews to formal hearings and appellate reviews. The Lent Law Firm Professional License Defense Team meticulously compiles documentation, crafts evidence-backed defenses, and advocates before the ABEC to secure complaint dismissals or mitigate sanctions. For cases requiring post-disciplinary solutions, we facilitate license reinstatement petitions and negotiate structured compliance agreements to resolve disputes efficiently.
Retaining the Lento Law Firm means partnering with advocates deeply versed in Alabama's counseling statutes and the ABEC's enforcement protocols. We prioritize shielding your livelihood from reputational harm, financial penalties, and career disruptions. Our attorneys recognize how disciplinary actions can reverberate through professional networks, licensure portability, and future employment opportunities. By combining years of experience in administrative law with proactive case management, we work relentlessly to preserve your standing in Alabama's mental health community. Contact our offices today at 888-535-3686 or schedule a consultation online.
