Across the United States, a mental health crisis is impacting children, youth, and adults. A nationwide shortage of mental health providers has put increasing demands on therapists and counselors who are already in practice.
For individuals and families experiencing grief, anxiety, depression, stress, addiction, or other mental health conditions, you provide a confidential space to identify and honor feelings; negotiate and develop boundaries, strategies, and goals; and recognize, manage, and treat substance abuse, trauma, and other challenges.
Mental health care is essential to the health and wellness of Nevada and its citizens. Whether you work in Nevada's larger cities, such as Las Vegas, Henderson, Reno, Sparks, and Carson City, or smaller communities, you show up for your clients every day. Your clients know that your therapeutic care supports their health, relationships, education, careers, and every other aspect of their lives.
For a therapist or counselor focused on clients, you may feel surprised, isolated, and angry after learning that a professional misconduct complaint has been filed against you.
If you are a therapist or counselor targeted by a license disciplinary investigation in Nevada, you are not alone. The Lento Law Firm Professional License Defense Team is ready to partner with you. Regardless of the circumstances or allegations, our experienced attorneys can fight to protect you and your professional license. To discuss your case with the Lento Law Firm, call our offices at 888-535-3686 or contact us online.
Family and Marriage Therapist and Clinical Professional Counselor Licensing in Nevada
Although your education, training, and clinical experience guide your therapeutic decisions, the Nevada Board of Examiners for Marriage and Family Therapists & Clinical Professional Counselors (the Board) has authority over your license and practice. The Board consists of nine members appointed by the governor:
- Four members are licensed marriage and family therapists.
- Three members are licensed clinical professional counselors.
- Two members are representatives of the general public and may not have a close familial relationship with a marriage or family therapist or a clinical professional counselor.
The Board oversees license applications and renewals for marriage and family therapists, clinical professional counselors, and associated interns. Additionally, the Board investigates complaints, takes disciplinary action against licensees, and establishes the requirements for continuing education in the profession.
At the Lento Law Firm, we defend therapists and counselors accused of misconduct. If you are in Nevada and a complaint has been made against you, our Professional License Defense Team can help you protect your license and your livelihood.
Professional Misconduct in Nevada
Therapists and counselors devote years of their lives to studying and gaining the clinical experience necessary to provide mental health care for clients. From coursework and the intern experience to developing their practice, mental health providers learn to serve their clients throughout extremely stressful, vulnerable, and uncertain times.
Effective mental health care rests on a foundation of trust. The therapeutic relationship between a therapist or counselor and their client must be free from manipulation, coercion, and dishonesty.
Nevada seeks to minimize the risk of exploitation by prohibiting therapists and counselors from engaging in problematic behavior. The Board may suspend or revoke a license if the therapist or counselor:
- Is convicted of any offense involving moral turpitude or of a felony relating to the practice of marriage and family therapy or clinical professional counseling.
- Demonstrates habitual drunkenness or addiction to a controlled substance.
- Impersonates a licensed therapist or counselor or allows another person to use their license.
- Uses fraud or deception to apply for a license or pass the license examination.
- Offers or provides services outside the area of training, experience, or competence.
- Commits unethical practices contrary to the public good.
- Demonstrates negligence, fraud, or deception in connection with their practice.
- Conducts themselves in an unprofessional manner.
The Board has determined licensed therapists and counselors, to conduct themselves professionally, must avoid problematic behavior such as:
- Engaging in the practice of marriage and family therapy or the practice of clinical professional counseling when impaired by alcohol, drugs, or any other chemical substance.
- Attempting to diagnose, prescribe for, or treat any problem outside the scope of their field of competence, the scope of their practice, or the scope of their license.
- Using their relationship with a client to further their own personal, religious, or political interests.
- Entering into a close personal relationship, including a romantic relationship, with a client.
- Entering into or attempting to enter into a financial relationship with the client outside of the therapy or counseling practice.
- Entering into a romantic or sexual relationship with any person who was in a romantic or sexual relationship with the client at the same time that the therapist or counselor was providing mental health care.
Additionally, licensed marriage and family therapists and clinical professional counselors must uphold professional standards, including an affirmative obligation to:
- Set and maintain professional boundaries with clients, interns,
- Report to the Board any unlicensed, unauthorized, unqualified, or unethical practice of marriage and family therapy or the practice of clinical professional counseling that is occurring.
- Base their practice upon recognized knowledge relevant to marriage and family therapy or clinical professional counseling.
- Critically examine and keep current with emerging knowledge relevant to their practice, including national professional standards of telehealth.
- Prepare and maintain a record for each client, including an assessment, plans of action, course of treatment, progress notes, and other relevant documentation.
- Protect the confidentiality of clients.
If a complaint is made against you, take it seriously. Assume it is a legitimate threat to your license and prepare a comprehensive defense. Let the Lento Law Firm Professional License Defense Team partner with you to challenge the allegations.
The Professional License Disciplinary Process in Nevada
The Lento Law Firm defends therapists and mental health counselors targeted by disciplinary investigations, hearings, and sanctions throughout Nevada. We know that any threat to your license is a threat to your livelihood and future.
In Nevada, the professional license disciplinary process of family and marriage therapists, licensed professional counselors, and interns is complex and can have far-reaching adverse consequences.
Complaint
Anyone can file a complaint against a licensed marriage and family therapist, clinical professional counselor, marriage and family therapist intern, or clinical professional counselor intern. The client, the family members of the client, colleagues, and other mental health practitioners are all common sources of complaints.
In Nevada, the complainant must submit a signed and notarized complaint to the Board.
If the complaint is found to be warranted, the Board forwards the complaint or a summary of the complaint to the accused licensee and requests a response from the licensee.
If the Board does not have authority over the complaint, it may be referred to a more appropriate agency or organization.
Formal Investigation
As part of a formal investigation, both the complainant and the accused licensee may be interviewed. Documents and other evidence may be collected.
Formal Public Hearing
If the formal investigation determines that a violation requiring disciplinary action has occurred, a formal public hearing may be held.
To avoid the formal hearing and the risk of receiving severe sanctions, it may be possible to negotiate a consent order between the Board and the accused professional. A consent order is a settlement agreement in which the therapist or counselor usually accepts responsibility in exchange for an agreed-upon sanction.
Sanctions
The Board has the authority to impose a broad range of sanctions, including:
- Probation.
- Suspension of license for not more than one year.
- Revocation of license.
- Administration of a public reprimand.
- Limitations on the licensee's practice.
- Payment of fines.
- Requirement the successful completion of another licensing examination.
The Board is prohibited from administering private reprimands. Any Board order that imposes a sanction, as well as its findings of fact and conclusions of law, are public records.
If the hearing ends with an unfavorable decision or sanction, the accused counselor or therapist may have grounds to request a rehearing or seek reinstatement.
If you are accused of professional misconduct, the life and license you need to protect is your own. To save your license and your career, partner with the experienced attorneys from the Lento Law Firm. We can challenge the allegations against you and fight for your license in Nevada.
Let the Lento Law Firm Defend Your License and Your Future
In Nevada, the Board is not concerned with protecting you, your license, or your career. Disciplinary investigations and hearings are adversarial. If you are the target of a disciplinary complaint, your first step must be building a defense team to challenge the allegations against you. At the Lento Law Firm, our experienced license defense attorneys can defend you and your license through any investigation or hearing by:
- Ensuring the Board meets its notice and due process requirements.
- Preparing you for an interview or interaction with the investigator and to give testimony during a deposition or hearing.
- Drafting your correspondence, answer, and other documents for timely submission to the Board and by filing deadlines.
- Performing our own investigation to identify mitigating evidence and exonerating witnesses.
- Negotiating a consent agreement on your behalf and ensuring you fully understand the terms of any settlement before signing.
- Developing a rehearing or license reinstatement strategy, if necessary.
The disciplinary investigation and hearing process can be long and arduous, with limited means of appeal. You don't have to do it alone. The sooner you contact the Lento Law Firm, the sooner we can partner in your defense. Every step of Nevada's investigation and adjudication process requires careful attention. A missed deadline or a careless statement can unnecessarily complicate your case, be used as evidence against you, or be treated as an admission of a violation.
When you are ready, the Lento Law Firm Team can partner with you. To prepare your best defense, our experienced attorneys will work at your side from the moment you receive notice of the complaint
The Adverse Impact of Disciplinary Proceedings
In Nevada, an adverse determination by the Board can undermine your life and career by making it difficult, if not impossible, to work in your chosen profession. Disciplinary sanctions, such as having your license suspended or revoked, may end your current employment. The allegations alone can tarnish an otherwise stellar reputation and make it more difficult to find new positions. After years of education, clinical internships, and professional practice, you've worked too hard to lose your license and jeopardize your financial security.
Accused professionals often find that there is a tremendous personal cost to disciplinary proceedings. The stress of an ongoing investigation, the contentious nature of an adversarial hearing, and the uncertainty of its outcome can seem overwhelming and may take a toll on your family and friends. As you lean on loved ones to offer their support, you can depend on the Lento Law Firm to defend you and your license from a disciplinary investigation and hearing.
At the Lento Law Firm, we protect Nevada's marriage and family therapists and clinical professional counselors, and their licenses. We know your work is important to you and your community. Let the Professional License Defense Team manage your license defense so that you can continue supporting your clients.
Protecting Marriage and Family Therapists and Clinical Professional Counselors in Nevada
We understand that as a clinical professional counselor or marriage and family therapist, your work is a profession and a calling. It is profoundly challenging and rewarding to witness your clients as they work to build safe and satisfying lives. You deserve the same.
When you need help protecting your reputation, and your livelihood, the Lento Law Firm is ready. If you are under investigation in Nevada, the Lento Law Firm's Professional License Defense Team can partner with you and fight on your behalf.
Across Nevada, we've helped counselors and therapists navigate license investigations, hearings, and sanctions. We can help you too. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
