Whether your counseling practice is based in Atlanta, Savannah, or Columbus...as a licensed professional counselor (LPC) in Georgia, your skills are needed more now than at any other time in our history. In fact, you likely view your practice more as a calling than a career. You've dedicated years to your education, training, and practice, all with the goal of helping others through life's challenges while improving their mental health. Alongside the privilege of serving your community comes the responsibility of maintaining high ethical and professional standards, which you've undoubtedly striven to uphold. That's why it can be so unnerving and unsettling to discover that you are the subject of a complaint to the Georgia Board of Professional Counselors, Social Workers, and Marriage & Family Therapists, and your license is in danger of being suspended or revoked.
Whether it stems from a simple misunderstanding, a lapse in judgment on your part, or even a false accusation made out of spite--all it may take is a single complaint to derail everything you have worked for. The Counseling Board carries the legal responsibility for licensing both licensed professional counselors (LPCs) and associate professional counselors (APCs)--along with social workers and marriage/family therapists--and ensuring adherence to strict ethical and professional guidelines prescribed by Georgia law. Allegations of misconduct, ethical violations, or professional negligence are taken very seriously, and the Board has the authority to impose disciplinary actions, including fines, probation, suspension, or even revocation of your license. What makes this process even more challenging for you as an LPC is that your guilt or innocence will be determined by the “preponderance of the evidence” standard. This means that decisions can be made if the allegation seems more likely true than not—a threshold far less stringent than “beyond a reasonable doubt.” For hardworking professionals, this may lead to feelings of frustration and vulnerability, particularly when the complaint may lack substantial evidence or context.
Fortunately, you don't have to face this process on your own. The Professional License Defense Team at the Lento Law Firm has extensive nationwide experience defending licensed professionals, including mental health counselors, who find themselves on the receiving end of complaints or disciplinary actions. Armed with a working knowledge of Georgia administrative law and years of experience negotiating with the Board, we are committed to protecting your ability to continue helping those who rely on you. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our convenient online form.
What Allegations Could Put Your Counseling License at Risk?
Licensed clinical mental health counselors in Georgia are held to strict ethical and professional standards as outlined in state regulations as well as the Board's Rules and Regulations for governance. Most disciplinary actions against LPCs stem from some perceived violation of these rules and statutes, as well as any general breach of public trust. Below are some of the most frequently fielded accusations that could jeopardize your license:
- Misrepresentation of Credentials: Overstating your qualifications to clients undermines trust and can result in Board-imposed penalties--for example, stating you are a licensed psychologist or psychiatrist instead of a licensed professional counselor.
- Exceeding Scope of Practice: Performing activities beyond what your licensure permits can expose you to disciplinary action, even if done with the best intentions.
- Sexual Misconduct: A trusting and safe therapeutic relationship is essential in counseling. Engaging in romantic or sexual relationships with clients, even when consensual, violates ethical guidelines and can result in the loss of your license. Similarly, making inappropriate comments, suggestive advances, or unwanted physical contact toward colleagues or clients constitutes sexual misconduct and can result in disciplinary action.
- Fraudulent Behavior: Practices like improper billing, misusing insurance codes to increase revenue, or engaging in deceptive pricing can be classified as fraudulent and lead to disciplinary repercussions.
- Substance Abuse: Alcohol and/or drug abuse can interfere with your capacity to provide safe, effective care for clients. If not properly addressed, such issues may lead to sanctions against your license.
- Breaching Confidentiality: Preserving client privacy is critical in counseling. Failing to secure records or violating therapist-patient confidentiality can have serious professional and legal consequences.
- Criminal Convictions: Crimes such as theft, assault, DWI, or other crimes of moral turpitude could disqualify you from holding an LPC license in Georgia.
Sanctions You Could Face Besides License Revocation
Not all violations will necessarily lead to a loss of your license. Each situation is reviewed on a case-by-case basis, with the nature and seriousness of the infraction carefully considered. Other potential disciplinary measures include:
- License Suspension: You may have your license temporarily revoked, with reinstatement dependent on fulfilling specified conditions.
- Restrictions on Practice: Limitations may be placed on specific duties or activities in your counseling practice.
- Required Training or Treatment: Additional coursework, certifications, or rehabilitation programs may be mandated to correct identified issues. If substance abuse or mental health concerns are a factor, these may also involve treatment programs.
- Financial Fines: You could face monetary penalties as part of the disciplinary process.
- Formal Reprimand: Minor violations may be met with an official warning, which could become part of your professional record.
Although these outcomes may seem less extreme than license revocation, they can still carry significant long-term repercussions. Disciplinary actions can be noted in public records, potentially hindering your career prospects, background checks, or future license renewals. To minimize these outcomes, it is crucial to address complaints promptly and strategically.
The Professional License Defense Team at the Lento Law Firm is experienced in representing mental health professionals facing accusations of misconduct. Whether your practice is in Augusta, Valdosta, or any other part of Georgia, we can work on your behalf to minimize the impacts of a complaint and get you the most favorable resolution possible.
The Board's Disciplinary Process
The Georgia Board of Professional Counselors, Social Workers, and Marriage & Family Therapists is granted extensive authority to investigate complaints and take action against licensees when needed. While this oversight aims to uphold professional standards, the disciplinary process can feel overwhelming. The process is generally broken into several stages, each providing an opportunity for the licensee to respond.
The Complaint Stage
Disciplinary actions typically begin when a formal complaint is lodged with the Board. These complaints may come from various sources, such as clients, coworkers, employers, or anyone who suspects a violation of ethical or professional standards. After receiving the complaint, the Board will determine if it falls within their jurisdiction and whether there is enough information to move forward with an investigation.
The Investigation
Once a complaint is validated, the Board initiates an investigation. During this phase, investigators will gather relevant materials, including records and documentation, interview witnesses, and may issue subpoenas for additional evidence. The goal is to confirm whether the allegations are supported by facts.
Consent Agreement
If sufficient evidence points to a violation, the Board may propose to enter a consent agreement with you. This is essentially an offer to resolve the matter without a formal hearing. The agreement might include penalties such as fines, requirements for further training, practice restrictions, or other conditions. While this can streamline the resolution process, it may also have unintended consequences for your career. Don't agree to terms without fully understanding their ramifications. It's highly advisable to get legal counsel before entering a consent agreement, as well. (Our Professional License Defense Team can advise you on whether the terms of a consent agreement are in your best interests, as well as negotiate for the best possible terms.)
Formal Hearing
If a consent agreement is not offered or reached, the next step is a formal hearing in front of an administrative law judge (ALJ). This is an opportunity to present your defense, provide evidence, and counter the Board's claims. The Board will also present its findings during the hearing. Given the significance of this step, strong legal representation is crucial.
Decisions and Possible Outcomes
After the hearing, the ALJ will deliver an Initial Decision along with any recommended disciplinary actions such as a reprimand, probation, suspension, or permanent license revocation. The decision may then undergo further review by the Board. Additionally, you have the right to request a review and dispute the recommendations.
Appeal
If you receive an unfavorable ruling, you can appeal the decision by filing with the Superior Court of Bibb County. However, appeals focus on legal errors or procedural missteps rather than revisiting evidence or the findings themselves.
At every stage of this process, there are opportunities to negotiate for favorable terms or even for a full dismissal of the complaint (if evidence is lacking). The Professional License Defense Team at the Lento Law Firm has significant experience helping to resolve complaints at any and every stage of the process. From negotiating with the Board to representing you during hearings, our team is committed to preserving your professional standing and obtaining outcomes that allow you to maintain your career.
Why You Should Never Ignore a Complaint
Choosing to disregard a complaint against your license--no matter how frivolous it may seem--can have devastating and permanent repercussions to your career. Even if the allegations seem baseless or overblown, failing to respond proactively leaves your career and livelihood at significant risk. Ignoring a complaint or skipping a required appearance before the Board may result in a default decision against you. This could lead to severe penalties, including the suspension or complete revocation of your license. To safeguard your career, it's essential to tackle the issue head-on and as early as possible. Prompt legal counsel can help mitigate potential damage and provide you with the strongest defense possible.
Why Legal Representation Is Essential
The Georgia Board of Professional Counselors, Social Workers, and Marriage & Family Therapists focuses on maintaining public trust. Because of this, they tend to err on the side of caution in handling disciplinary cases. Unlike criminal proceedings, where an accused person is presumed innocent, Board cases rely on a much lower standard of proof—“preponderance of the evidence.” This simply means that action can be taken if it's more likely than not that a violation occurred. Such a standard leaves plenty of room for errors and wrongful conclusions based on circumstantial evidence. By enlisting an experienced attorney, you ensure that your defense is clear, compelling, and thoroughly presented, giving you the best chance for a favorable outcome.
Hiring an Attorney Shows Responsibility, Not Guilt
Seeking legal assistance after a complaint is filed is a wise and practical move and is never viewed by the Board as indicative of your guilt. Engaging a license defense attorney demonstrates that you take the matter seriously and are fully committed to resolving it professionally. The Board views retaining legal counsel as a sign of respect for the process rather than an admission of guilt.
Your Legal Ally in Georgia Against Threats to Your Counseling License
The Professional License Defense Team at the Lento Law Firm has deep experience assisting Georgia LPCs through all phases of disciplinary action. Here's how we can help you:
- Thoroughly analyze the allegations against you and outline your best options.
- Represent you in all interactions and communications with the Board to ensure clarity and accuracy.
- Gather critical evidence and identify witnesses to support your defense.
- Advocate for the dismissal of the complaint or negotiate for minimal penalties or favorable terms in consent agreements.
- Provide tenacious representation during formal hearings, if necessary.
- Assist with any appeals if you disagree with the decision.
Whether you counsel clients in a large firm in Marietta, a smaller clinic in Macon, or in private practice in Athens, you've invested too much into your counseling career to have it upended unfairly by a complaint. Engaging an attorney at the first sign of trouble gives you the most and best options for a quick resolution to protect your license and your career. The Lento Law Firm's Professional License Defense Team has a long track record of success helping LPCs like you when licenses are under threat. Call us today at 888-535-3686 or use our online form.
