Building a career as a licensed professional counselor (LPC) takes years of dedication, education, and an unwavering commitment to helping others. As an LPC in Kentucky, you've worked hard to get your degree, achieve licensure, establish your reputation, and provide critical support to clients who rely on your knowledge. This is precisely why receiving a complaint that threatens your license can be such a deeply unsettling experience. Regardless of whether the complaint is based on truth, a misunderstanding, or a false accusation, that complaint may escalate into a full-blown investigation by the Kentucky Board of Licensed Professional Counselors, jeopardizing not only your livelihood but the career you've worked so hard to build.
In Kentucky, the Board of Licensed Professional Counselors serves as the regulating body that not only administers the licensure of LPCs like you but also is responsible for ensuring public safety in the practice of mental health counseling. To that end, the Board enforces rigorous standards for ethics, professionalism, and conduct that all LPCs must follow. While these standards aim to uphold the integrity of the profession, they also place counselors under intense scrutiny. Any allegation of ethical misconduct, boundary violations, or other breaches of public trust must be taken seriously and thoroughly investigated. While frivolous complaints may indeed be dismissed, if an investigation uncovers any evidence to corroborate the complaint, it could result in severe consequences, including fines, probation, license suspension, or even loss of license.
Whether you're counseling clients in a large facility in Louisville, a mental health clinic in Lexington, or a private office in Frankfort...if you discover you're facing such allegations, responding proactively is your best hope of ensuring your license remains intact. The Professional License Defense Team at the Lento Law Firm has extensive experience defending mental health professionals and protecting their licenses in jurisdictions across the nation, including Kentucky. With a focus on providing both strategic legal guidance and compassionate support, our Team understands just how much is at stake in cases like these. Whether you are facing accusations of ethical breaches, challenges to your scope of practice, or other regulatory concerns, we will work tirelessly to get you the fairest and most favorable resolution possible. To schedule a consultation, call 888-535-3686 or fill out our online form.
What Allegations Could Put Your Counseling License at Risk?
Licensed professional counselors in Kentucky are expected to adhere to the state laws and administrative regulations that regulate the counseling profession, including a stringent code of ethics established by the Board. Alleged breaches of these regulations or actions that compromise public trust are the primary reasons LPCs may face disciplinary action. Some of the most common accusations that could endanger your license include:
- Misrepresentation of Credentials: Providing inaccurate information about your qualifications may result in disciplinary actions--for example, representing yourself as a psychologist or psychiatrist instead of a licensed counselor.
- Operating Beyond Your Scope of Practice: Engaging in activities outside the boundaries of what your license allows, no matter how well-intentioned, can cause clients psychological and even physical harm (for example, prescribing psychoactive medications when you are not a psychiatrist). Allegations like these can easily result in license revocation.
- Sexual Misconduct: The counselor-client relationship must remain professional and safe. Romantic or sexual involvement with clients, even if consensual, seriously violates ethical rules and could cost you your license. Similarly, inappropriate remarks, advances, or unwelcome physical contact with clients or colleagues can result in serious consequences.
- Engaging in Fraud: Actions such as improper billing procedures, falsifying insurance claims, or deceptive pricing tactics are considered fraudulent and may lead to severe penalties.
- Substance Abuse Issues: Alcohol and/or drug abuse can cast doubt on your judgment and ability to counsel clients safely--even if you're "off the clock." If a complaint alleges substance addiction, you may either face disciplinary action or be required to attend treatment as a condition of keeping your license.
- Breach of Confidentiality: Safeguarding client privacy is vital. Whether it's failing to secure sensitive records or breaching counselor-client confidentiality, such breaches can carry both professional and legal ramifications.
- Criminal Behavior: Convictions for crimes like theft, assault, driving while intoxicated, or any offense deemed to be a "crime of moral turpitude" can disqualify you from maintaining your LPC license in Kentucky.
Sanctions You Could Face Besides License Revocation
While not all violations result in the immediate loss of a license, there are other disciplinary measures the Board may opt for depending on the nature of the infraction. These include:
- License Suspension: You could temporarily lose your authority to practice, with reinstatement requiring compliance with specific conditions.
- Practice Restrictions: Certain activities or aspects of your counseling practice may be curtailed as part of the sanctions.
- Probation: You may be required to come under supervision and monitoring for a time.
- Mandatory Education or Treatment: Additional training, certifications, or participation in rehabilitation programs may be ordered to address identified concerns. If substance abuse or personal health is part of the issue, treatment programs may also be mandated.
- Monetary Fines: Financial penalties may accompany other disciplinary actions.
- Formal Reprimands: For less severe infractions, a formal reprimand may be issued, though it could still become a part of your public or professional record.
Even penalties that stop short of revocation can have lasting effects. In Kentucky, any formal complaint against your license becomes a matter of public record, as well as any sanctions the Board imposes on you. This can have a negative impact on your ability to acquire/retain clients, seek employment in your profession, or obtain additional licensure in other states. A skilled professional license defense attorney affords you the best chance to minimize the impact of these actions. The Lento Law Firm's Professional License Defense Team has extensive experience negotiating with the Kentucky Board of Licensed Professional Counselors to help limit the consequences of a complaint.
The Board's Disciplinary Process
The Kentucky Board of Licensed Professional Counselors holds significant authority to investigate complaints and take necessary disciplinary actions against licensed counselors. The disciplinary process follows a prescribed set of steps to ensure due process. If you're accused of wrongdoing as an LPC, you can expect your case to move forward as follows.
Complaint
The disciplinary process usually begins when the Board receives a formal complaint against you. Complaints may come from clients, colleagues, employers, or anyone who suspects a professional or ethical violation has occurred. Once a complaint is filed, the Board evaluates whether it falls within its jurisdiction and if there is sufficient evidence to warrant further action.
Investigation
If the Board finds the complaint credible, it launches an investigation. During this stage, evidence is collected, including client records and relevant documents. Witnesses may be interviewed, and investigators may issue subpoenas to gather additional information. The aim of the investigation is to verify if the claims are supported by factual evidence and determine if a violation has taken place.
Agreed Order
Should the investigation uncover evidence of violations, the Board has the option of resolving the issue with you informally through what is called an agreed order. Under such an order, you would effectively admit guilt and submit certain penalties, such as fines, additional training, practice limitations, or other sanctions prescribed by the Board, without going to a formal hearing. While an agreed order may seem like an efficient resolution, accepting its terms without a full understanding of its implications could negatively impact your career. However, if disciplinary action is likely, an agreed order gives your attorney the opportunity to negotiate for favorable and lenient terms. The Professional License Defense Team at the Lento Law Firm can help you evaluate the terms of an agreed order and negotiate more favorable outcomes.
Formal Hearing
If an agreed order is not offered or accepted, the matter progresses to a formal hearing before a hearings officer. This hearing is your chance to present your defense and contest the Board's findings with supporting evidence. At the same time, the Board will argue its case and submit its evidence. Since this stage is critical, having skilled legal representation is essential to presenting an effective defense.
Final Determination
Following the hearing, the hearing officer will make a ruling on whether a violation occurred and present recommendations regarding disciplinary actions. Sanctions might range from formal reprimands and probation to license suspension or permanent revocation. The recommendation is then reviewed by the Board, who then makes a final determination.
Navigating this multi-step disciplinary process is no easy task. However, every stage provides an opportunity to advocate for favorable terms or even a dismissal of the complaint when evidence doesn't support the allegations. The Professional License Defense Team at the Lento Law Firm has extensive experience in helping licensed counselors navigate their way to a positive outcome at each phase of the process.
Why You Should Never Ignore a Complaint
Disregarding a complaint against your counseling license, no matter how baseless or exaggerated it appears, can lead to serious consequences that may permanently impact your career. Even minor accusations require a proactive response to avoid jeopardizing your professional standing. Failing to engage with the process or skipping a mandatory appearance before the Board could result in a default ruling against you, often resulting in penalties such as license suspension or even revocation. Addressing the matter promptly—and with the right legal support—is key to safeguarding your livelihood. Early intervention can reduce potential fallout and build a stronger defense.
Why Legal Representation Is Critical
The Kentucky Board of Licensed Professional Counselors is dedicated to preserving public trust, which often means it takes an aggressive approach toward complaints of misconduct. Unlike criminal trials, where a higher “beyond a reasonable doubt” standard applies, Board proceedings use the lower “preponderance of the evidence” standard. If it appears more likely than not that a violation occurred, the Board can impose disciplinary action. Unfortunately, this lower threshold increases the risk of wrongful conclusions based on incomplete or circumstantial evidence--especially considering that the Board may err on the side of caution in the interests of protecting the public. Having an experienced attorney by your side is vital to ensuring your defense is well-prepared, carefully articulated, and backed by strong evidence. This helps level the playing field and significantly improves the chance of achieving a favorable outcome.
Hiring an Attorney Reflects Professionalism
Some counselors mistakenly assume that hiring an attorney might increase suspicion of guilt in the eyes of the Board. However, seeking legal representation after receiving a complaint is a smart, responsible decision—not an admission of guilt. Retaining an attorney signals to the Board that you take the complaint seriously and are fully committed to navigating the process appropriately. Showing professionalism through legal counsel demonstrates respect for the review process and positions you as someone willing to address the issue responsibly--thereby improving your odds for a more favorable outcome.
Your Legal Partner in Kentucky During Disciplinary Challenges
The Professional License Defense Team at the Lento Law Firm has extensive experience representing LPCs in disciplinary matters nationwide, including in Kentucky. Our Team provides skilled guidance and advocacy at every step of the process. This includes:
- Conducting a thorough review of the accusations and advising you on strategic responses.
- Managing all communications with the Board to reduce risks of misunderstanding or misrepresentation.
- Collecting crucial evidence and identifying witnesses to build a strong defense.
- Advocating for dismissal of the complaint or negotiating reduced penalties and better terms when appropriate.
- Providing rigorous representation during formal hearings, if necessary, ensuring your side is clearly and effectively presented.
Whether you work in a private practice in Frankfort, a small clinic in Owensboro, or a larger counseling firm in Florence, your license is the key to your livelihood. Don't risk damaging disciplinary actions by attempting to face a complaint on your own. By hiring an attorney early in the process, you gain more control over how the case is resolved and improve your chances of minimizing potential damage. The Lento Law Firm's Professional License Defense Team is well-equipped to protect your interests. Contact us today at 888-535-3686 or use our online form.
