As a Licensed Professional Counselor (LPC) in Michigan, you've built your career on dedication, education, and a deep commitment to helping others. You've invested countless hours getting an education, earning the trust of your clients, and upholding the professional ethics that maintain the integrity of your field. Yet, despite your efforts, a single complaint could jeopardize everything you've worked so hard to achieve. Facing a threat to your professional license is more than just a legal challenge – it's a deeply personal and emotional experience that might leave you feeling uncertain or overwhelmed.
The Michigan Board of Counselors is entrusted with overseeing the licensing of professional counselors and limited licensed professional counselors (those who work under LPC supervision) throughout the state. Their mission is to safeguard the public by holding counselors to the highest standards of ethics, professionalism, and conduct. While these regulations serve to protect clients and maintain the profession's reputation, they can also leave counselors vulnerable. Allegations of misconduct, ethical violations, or breaches of state law, regardless of their merit, can trigger investigations that carry serious consequences. Whether you practice at a large facility in Detroit, a partnership clinic in Grand Rapids, or in your own private practice in Lansing, even routine misunderstandings or minor errors might escalate into full-scale inquiries--and the Board can determine your guilt or innocence based only on a preponderance of the evidence. The outcome could therefore lead to disciplinary action, suspension, or revocation of your license, putting your career and future at risk.
This is where the Professional License Defense Team at the Lento Law Firm steps in. With many years of experience defending mental health professionals, including LPCs across the nation and in Michigan, we understand the weight of the challenges you're facing. We understand how the license disciplinary process works in the State of Michigan, and we will leverage that knowledge, along with our vast experience and negotiating skills, to help you obtain a favorable outcome that protects both your license and your livelihood. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or use our online form.
Types of Allegations that Can Jeopardize a Counselor's License in Michigan
Licensed professional counselors in Michigan must adhere to high ethical and professional standards dictated by Michigan's Public Health Code as well as general rules of counseling established by the Department of Licensing and Regulatory Affairs (LARA). Disciplinary actions against counselors typically arise from perceived breaches of these standards or other violations of public trust. Below are some common allegations that might threaten your license:
- Fraudulent Practices: Engaging in dishonest practices such as improper billing, insurance fraud, or deceptive pricing can lead to accusations of fraud and subsequent disciplinary actions.
- Misrepresentation of Credentials: Exaggerating your qualifications or misrepresenting your title can undermine trust with clients and lead to serious repercussions. For example, presenting yourself as a psychologist or psychiatrist rather than an LPC could result in penalties.
- Exceeding Scope of Practice: Taking on tasks or responsibilities outside the boundaries of your licensure, even with good intentions, can expose you to disciplinary measures.
- Sexual Misconduct: Maintaining a safe and professional therapeutic relationship is paramount. Entering into a romantic or sexual relationship with a client—even consensually—goes against ethical principles and may result in license suspension or revocation. Any inappropriate advances, suggestive remarks, or unwarranted physical contact with clients or colleagues can also constitute misconduct.
- Violation of Confidentiality: Safeguarding client privacy is a counselor's fundamental duty. Failing to secure client records or breaching confidentiality agreements can have both legal and professional consequences.
- Substance Abuse: Alcohol or drug misuse could impair your ability to provide competent care, exposing you to sanctions if the issue is not addressed.
- Criminal Convictions: Convictions for crimes like theft, assault, DUI, or other offenses involving moral turpitude could disqualify you from retaining your LPC license.
Potential Sanctions Besides License Revocation
Not every infraction will result in losing your license. The Board considers the severity and context of each alleged violation when determining the appropriate disciplinary response. Potential outcomes include the following:
- License Suspension: Your license may be temporarily suspended for a time, possibly with reinstatement contingent on meeting specific conditions.
- Practice Restrictions: Limits may be placed on certain duties or responsibilities within your role.
- Mandated Training or Treatment: You might be required to complete further education, certification, or rehabilitation to rectify identified issues. For substance abuse or mental health concerns, treatment programs may be necessary.
- Fines: Financial penalties could be imposed as part of the disciplinary action.
- Formal Reprimand: For less severe offenses, you might receive a documented warning that becomes part of your professional record.
Even outcomes that don't result in loss of license can have lasting impacts on your career because any disciplinary action becomes a matter of public record. This can produce challenges in getting employment, as well as complications with gaining licensure in other states. Addressing allegations promptly and proactively is crucial to lessening the potential consequences. The Professional License Defense Team at the Lento Law Firm has extensive experience in negotiating resolutions to complaints and avoiding the worst outcomes for their clients.
Understanding the Disciplinary Process
Michigan follows a standard operating procedure for processing complaints against licensed healthcare professionals in Michigan (including counselors). This process is administered by the Bureau of Professional Licensing (BPL) under the Department of Licensing and Regulatory Affairs (LARA). Below is an overview of the various stages of the process.
Initial Review
The process begins once a formal complaint is filed with the Bureau of Professional Licensing. The Complaint Intake Section reviews the allegations to determine whether they fall under the Public Health Code's jurisdiction. At this stage, the complaint may either proceed to investigation or be dismissed if it lacks sufficient merit.
Investigation
When a complaint is deemed valid, the BPL authorizes a thorough investigation. Investigators gather relevant information, which may include interviewing the complainant, the licensee in question, and other potential witnesses, such as colleagues or employers. Subpoenas may be issued to collect necessary documentation and evidence. The investigation aims to substantiate whether the alleged conduct occurred and whether it violated the professional standards outlined in the Public Health Code.
Administrative Complaint
If the investigation finds sufficient evidence of a violation, the BPL drafts a formal administrative complaint. This document outlines the specific allegations against you. You will have 30 days to respond in writing after receiving a copy of the complaint. Failing to respond within this timeframe can result in automatic sanctions, such as suspension or revocation of the license.
Compliance Conference
After an administrative complaint is issued, you'll be invited to attend a compliance conference to negotiate a settlement voluntarily as an alternative to having a formal hearing. Settlements may include penalties like monetary fines, probation, reprimands, practice restrictions, or mandated additional education. While a settlement is not the right course for everyone, it does present an opportunity for our Professional License Defense Team to negotiate for lenient terms if the evidence you is compelling and disciplinary action is likely. Any settlement reached will be sent to the disciplinary subcommittee (DSC) for review and approval. If no settlement is reached, the complaint advances to a hearing.
Administrative Hearing
If the case proceeds to an administrative hearing, you'll appear before an Administrative Law Judge (ALJ) to show cause why you should be allowed to keep your license. The ALJ listens to testimonies, evaluates evidence, and considers legal arguments presented by both parties. Following the hearing, the ALJ issues a Proposal for Decision, which contains findings of fact, conclusions of law, and any recommended disciplinary actions.
Final Decision by the Disciplinary Subcommittee
The DSC reviews the Proposal for Decision and has the authority to accept or modify the ALJ's recommendations. The DSC may implement disciplinary measures, dismiss the complaint, or issue an alternate ruling if they disagree with the ALJ's findings. Their decision marks the final step in the disciplinary process, though appeals may be pursued under specific circumstances.
While the disciplinary stages may seem intimidating, know that at any point in this process, it's possible to negotiate resolutions that protect your license or even achieve a full dismissal of unsubstantiated complaints. The Lento Law Firm's Professional License Defense Team excels at navigating these proceedings and has helped numerous clients avoid the harshest penalties. Whether you practice in Kalamazoo, Flint, or Traverse City, we will work tirelessly to get the complaint against you resolved as early in the process as possible, enabling you to move forward with your career.
Why Ignoring a Complaint Could Be Devastating
Disregarding a complaint filed against your counseling license—no matter how minor or unjustified it appears—can bring severe and lasting damage to your career. Even baseless allegations, if left unaddressed, put your livelihood at serious risk. It is LARA's policy, for example, to rule summarily against you and impose sanctions simply for failing to respond to an administrative complaint within 30 days--regardless of whether the allegations have any merit. In short--ignoring a complaint greatly increases the chances that your license will be revoked. By seeking legal counsel early in the process, you can proactively mitigate harm and build a strong defense.
Retaining a Lawyer Reflects Professionalism, Not Guilt
Sometimes, counselors worry that hiring an attorney implies to the licensing board that they are guilty. This is not the case at all. Hiring a license defense attorney after a complaint is filed is a smart, professional move and is never viewed as an admission of wrongdoing. On the contrary, engaging legal counsel shows the Board that you take the matter seriously and are committed to resolving it appropriately.
How the Lento Law Firm Can Help
Because of the trust involved in the practice of mental health counseling and the potential repercussions of missteps, Michigan's Department of Licensing and Regulatory Affairs takes public trust seriously and weighs every complaint against licensed counselors with equal severity. Unlike in criminal cases, where guilt must be proven beyond a reasonable doubt, the BPL relies on the “preponderance of the evidence” standard to determine guilt or innocence. This means they can rule against you if they are convinced that the odds are 51 percent or greater that a violation happened. Unfortunately, this low threshold leaves room for errors or unfair interpretations of the facts. Working with an experienced attorney allows you to present a precise and persuasive defense, ensuring that your side of the story is fully heard and considered.
The Professional License Defense Team at the Lento Law Firm has extensive experience guiding Michigan LPCs through every stage of disciplinary proceedings. Our Team will:
- Conduct a detailed review of the complaint and provide strategic advice tailored to your situation.
- Represent you in all communications and meetings with the Board to protect your rights and ensure accurate information is presented.
- Collect crucial evidence and identify witnesses to bolster your defense.
- Work toward getting the complaint dismissed entirely or negotiate the most favorable terms in a settlement agreement if necessary.
- Represent you vigorously before the ALJ if your case proceeds to an administrative hearing.
You've worked too hard to build your career to have it derailed by an unfair allegation of misconduct. Don't allow a complaint, no matter how trivial it seems, to jeopardize everything you've worked so hard to achieve. The sooner you take action, the more options you'll have to resolve the matter quickly and protect your future. The Lento Law Firm's Professional License Defense Team has a proven track record of successfully defending LPCs like you, whether you practice in Bay City, Pontiac, or Midland. Call us today at 888-535-3686 or complete our online form to get started on your defense.
