As a Licensed Mental Health Counselor (LMHC) in Iowa, you've dedicated years to your education and training, building a career focused on helping others navigate their mental health challenges. However, your professional license – the very foundation of your career – can be put at risk due to complaints, misunderstandings, or alleged misconduct. When faced with such a situation, its crucial to have experienced legal representation to protect your livelihood and reputation.
The Lento Law Firm's Professional License Defense Team understands the unique challenges faced by mental health professionals in Iowa. With extensive experience in professional license defense and a deep understanding of state-specific licensing protocols, our team is well-equipped to defend against a wide range of allegations that could jeopardize your LMHC license.
Whether you are facing accusations of professional misconduct, alleged incompetence, or other issues that could lead to disciplinary action, our team can provide the robust defense you need. We recognize that even seemingly minor complaints can escalate quickly, potentially putting your license at risk of suspension, restriction, or revocation. That's why it is important to involve an attorney as early as possible in the process.
Don't let a misunderstanding or false accusation derail your career as a mental health counselor in Iowa. Contact the Lento Law Firm today at 888-535-3686 or schedule a consultation online.
How Iowa Licensed Mental Health Counselors are Regulated
LMHCs in Iowa are regulated by the Iowa Board of Behavioral Health Professionals. This board is responsible for protecting the public through the licensure and regulation of mental health professionals, including LMHCs.
The Board of Behavioral Health's primary function is to ensure that mental health professionals meet the required standards of education, training, and ethical conduct. For LMHCs, the board sets and enforces specific requirements for licensure, including:
- Educational requirements: Candidates must hold a master's or doctoral degree in mental health counseling from a CACREP-accredited program or demonstrate equivalency through a review by the Center for Credentialing and Education.
- Examination: Applicants must pass the National Clinical Mental Health Counselor Exam administered by the National Board for Certified Counselors.
- Supervised experience: The board requires a period of supervised practice before full licensure.
- Continuing education: Licensed LMHCs must complete ongoing education to maintain their license.
The board also handles the application process, which includes reviewing credentials, verifying education and examination results, and issuing licenses. Additionally, it has the authority to investigate complaints and take disciplinary action against licensees who violate professional standards or state regulations.
By maintaining these regulatory functions, the board works to uphold the integrity of the mental health counseling profession and ensures that Iowans have access to qualified and competent mental health services.
Common Allegations that Can Endanger a Licensed Mental Health Counselor's License
LMHCs in Iowa can face various allegations that may endanger their professional licenses. In fact, there are a number of actions that require mandatory disciplinary action, including:
- Fraudulently procuring a license, such as falsifying application documents or credentials.
- Professional incompetence or inability to practice with reasonable skill and safety
- Unethical conduct or practice that is harmful to the public, like sexual contact with a patient, initiating inappropriate relationships with a patient, misappropriating money or property from patients, or making lewd, suggestive, or demeaning comments.
- Providing mental health counseling to a client with whom the LMHC had prior sexual contact.
- Willfully or repeatedly violating Iowa Code provisions.
- Failing to comply with board rules or engaging in wrongful acts related to professional conduct.
- Criminal convictions, especially felonies.
- Substance abuse or excessive use of alcohol, drugs, or other chemicals that impair their ability to practice safely.
- Mental incompetence.
- Failing to report disciplinary actions taken by licensing authorities in other states.
- Engaging in behavior that is threatening or harassing to the board or its staff.
- Engaging in physical contact with a client if it may cause psychological harm to the client.
- Violating patient confidentiality or failing to safeguard clients' dignity.
- Exploiting a patient or other persons.
Areas the Lento Law Firm Serves in Iowa
With 3 million residents, Iowa has thousands of LMHCs meeting patient needs. As such, the Lento Law Firm serves LMHCs throughout the state, from small town Ankeny to the massive metropolitan of Des Moines.
Des Moines
As the capital of Iowa, this vibrant city is rich with history and a diverse population. With roughly 210,000 residents, the city boasts a diverse economic landscape, with major industries including insurance, government, manufacturing, and healthcare. In addition, it is home to several notable educational institutions, including Drake University, Grand View University, and Des Moines University. There are also a number of mental health counseling providers located in Des Moines, including Ames & Des Moines Therapy, MercyOne Des Moines Behavioral Health Care, Compass Clinical Associates, UnityPoint Clinic Counseling and Psychiatry, and the Relationship & Intimacy Center.
Cedar Rapids/Iowa City
The Cedar Rapids-Iowa City metropolitan area, often referred to as the “Corridor” or ICR is a vibrant region in Eastern Iowa spanning three counties with a population of 276,520 residents. Cedar Rapids, the second-largest city in Iowa, serves as the economic hub of the region, located 20 miles north of Iowa City and 128 miles northeast of Des Moines. The area boasts a diverse population and has a strong presence of arts, culture, and emerging industries like craft brewing and technology. As one of the larger areas in Iowa, the Cedar Rapids-Iowa City metro area has a substantial presence of mental health professionals.
Davenport
Davenport is a historical city located in Scott County, eastern Iowa, situated on the north bank of the Mississippi River and serving as the largest city in the Quad Cities metropolitan area. However, despite being the largest city in that area, its population rests at just under 100,000 and has experienced a slight annual decline. This city is known for its strategic location, historical preservation efforts, and its vibrant cultural scene, particularly in music and the arts. In addition, Davenport boasts a number of mental health counselors, including those working at MercyOne Genesis Psychology Associates.
Sioux City
Sioux City is situated at the confluence of the Missouri, Big Sioux, and Floyd rivers, where Iowa, Nebraska, and South Dakota meet. With a population of 85,797, it contains notable cultural attractions such as the Sioux City Public Museum, Sioux City Art Center, and the Sergeant Floyd Monument, which is the first National Historic Landmark in the United States. Despite being the smallest metro area in Iowa, Sioux City still has a significant presence of mental health professionals. Local providers include Associates for Psychiatric Services, Siouxland Community Health Center, Siouxland Mental Health Center, Turner Therapy & Counseling, and UnityPoint Health – St. Luke's Outpatient Behavioral Health.
The Licensed Mental Health Counselor Disciplinary Procedure in Iowa
The Iowa Board of Behavioral Health Professionals is responsible for receiving and investigating complaints made against LMHCs in Iowa. The only way to ensure your license is truly protected is to work with a skilled professional license defense attorney as their help is paramount for overcoming these accusations and protecting your future.
Complaints & Investigations
The disciplinary process typically begins when a complaint is filed against an LMHC. As explained above, complaints can come from various sources, including clients, colleagues, or even anonymous tips.
When a complaint is received, the board conducts an initial review to determine if it falls within their jurisdiction and if the allegations, if true, would constitute a violation of the rules or laws governing LMHCs. It's crucial to note that not all complaints lead to formal investigations or disciplinary actions.
If the board decides to proceed with an investigation, they may:
- Request additional information from the complainant.
- Notify the LMHC of the complaint and request a response.
- Gather relevant documents and evidence.
- Interview witnesses or other parties involved.
During this stage, it is vital for LMHCs to consult with their attorney before responding to any board requests. Statements made during the investigation can significantly impact the case's outcome.
Hearings and Formal Proceedings
If the investigation uncovers evidence of potential violations, the board may initiate formal disciplinary proceedings by issuing a Notice of Hearing. The Notice of Hearing will outline the allegations and proposed disciplinary action, as well as the scheduled date, time, and place of the hearing. In some cases, the hearing may be scheduled for a telephone conference. The Notice of Hearing will state whether it is by phone or in person. If it is in person, it will typically be held at the Wallace State Office Building in Des Moines.
During the hearing, both the complainant and the accused LMHC have the opportunity to present evidence and witness testimony that supports their arguments. They also have the chance to cross-examine the other side's witnesses. Once both sides have been heard, the board will review the information and evidence presented and determine whether the LMHC has committed the actions or violations they have been accused of committing.
If the board believes the LMHC is responsible for the accused actions, it will impose a disciplinary action on them. There are a range of disciplinary options at the board's disposal, including:
- Dismissal of the complaint
- Private admonishment
- Public reprimand
- Probation with specific terms and conditions
- License suspension
- License revocation
The Lento Law Firm Professional License Defense Team's goal is to achieve the best possible outcome, ideally a dismissal or, if necessary, the least severe disciplinary action appropriate to the circumstances.
Appeals
If the board's decision is unfavorable, LMHCs have the right to appeal it. The appeal needs to be filed within a specified period of time to the board. However, the Administrative Hearings Division will typically be the one reviewing the appeal.
It is important to note that appeals are generally limited to reviewing procedural errors or misapplications of law rather than re-evaluating the facts of the case. If the board determines that the filed appeal is valid, they will send it to the Administrative Hearings Division, where an appeals hearing will be scheduled.
The appeals hearing will be overseen by an Administrative Law Judge (ALJ). Once it is scheduled, the appellant and the board have to send the ALJ a witness list and a copy of any pieces of evidence they want considered in the hearing.
During the hearing, both sides will have a chance to present opening statements, their evidence, and closing arguments. Then, the ALJ will review the information presented and determine whether to uphold the board's initial decision, to revoke it, or to amend it in some way.
It is important to remember that even after this decision is made, it can be adopted, modified, or reversed by the director of the board as it can be appealed by any party, including the board.
How the Lento Law Firm Professional Defense Team Can Help
Being accused of violating the licensed mental health professional's code of ethics or conduct rules in Iowa can be incredibly overwhelming. Not only could it mean the end of your career as an LMHC, but it can cause significant damage to your personal life and reputation. To ensure you are not being unnecessarily punished, you need a strong defense.
The Lento Law Firm takes a comprehensive approach to navigating every aspect of your case. As such, we will represent you during investigations, hearings, and appeals, gather evidence to support your defense and negotiate with the Iowa Board of Behavioral Health Professionals to dismiss complaints or reduce penalties. If necessary, we will also assist with license reinstatement procedures or help you navigate the terms of a consent decree.
By choosing the Lento Law Firm, you are not just hiring an attorney – you are gaining access to a team of professionals dedicated to protecting your career and reputation. We understand the nuances of Iowa's licensing regulations and the potential long-term consequences of disciplinary actions on your professional future. Contact our offices today at 888-535-3686 or schedule a consultation online.
