A therapist may lose their license in North Carolina because of professional malpractice or incompetence. They may also lose their license for failing to renew the license as required, certain criminal convictions, or lack of fitness to practice.
The professional license defense lawyers at Remington & Dixon discuss ways a therapist may lose their license in North Carolina.
Understanding Professional Therapist Licensing in North Carolina
Professional therapists are licensed in North Carolina and are called Licensed Professional Counselors (LPCs). There are three levels – associate (LCMHCA), counselor (LCMHC), and supervisor (LCMHCS).
All therapists must meet minimum education requirements, pass a licensing exam, and complete supervised practice. An LCMHCA (associate) may become an independent counselor and then a supervisor with increased practice and client contact hours.
Licensed Professional Counselor licensing standards are stated in N.C.G.S. § 90-336.
Reasons Therapists Lose Their License
1. Conflict of interest
Conflict of interest includes anything that compromises objectivity, such as a personal relationship or financial entanglement. A therapist must be able to exercise judgment only for the best interests of the client. A personal friendship with the client, a romantic relationship with a family member, or engaging in a business relationship with the client could all be conflicts of interest.
2. Personal and sexual relationships, abuse
A romantic or sexual relationship with a client is an ethical violation. It may result in a power imbalance and may compromise therapy. This may include having a sexual or romantic relationship before beginning therapy. Harassing or abusing a client is prohibited.
3. Undue influence
Exerting undue influence over a client may result in a licensing action. Pressuring the client in any way that takes advantage of the professional relationship may be considered undue influence.
4. Physical or mental impairment
Any physical or mental condition that makes a person unable to practice competently may result in loss of license. This category covers substance abuse including alcohol, drugs, and narcotics.
5. Negligent practice, incompetence
Negligent practice is practicing with a lack of reasonable skill. Evidence of incompetence may include misdiagnosis or using incorrect therapy techniques.
6. Breach of confidentiality
If a therapist has an ethical obligation to keep information confidential, breaching that duty can be problematic for their license. Sometimes, it’s necessary to break confidentiality (e.g. when required by law), but in most circumstances, it must be protected.
7. Criminal conviction
A North Carolina therapist may lose their license because of a felony conviction. Also, license revocation may result from a misdemeanor conviction involving misrepresentation or fraud. A misdemeanor conviction that questions the ability to soundly practice mental health counseling may be disqualifying, including substance abuse, embezzlement, or a crime involving dishonesty.
8. Fraud or deceit in the licensing or renewal process
Applicants for a therapist license in North Carolina must be truthful in their application. Fraud or deceit in the licensure process may result in loss of license. Willful concealment of material misinformation may also result in license revocation.
9. Financial fraud in counseling practice
A therapist who handles the financial aspect of their counseling practice fraudulently may lose their license. This means fraudulent billing, including private insurance, Medicare, and Medicaid.
10. Failing to renew the license
Licensed therapists in NC must periodically renew their licenses. This is generally required every two years. Renewing the license means completing a form and paying a fee. The person must submit a professional disclosure statement and complete a no-fault jurisprudence exam.
11. Discipline or revocation in another jurisdiction
When a person is a licensed therapist in another state, discipline in that state may affect their North Carolina license.
12. Failing to comply with an investigation
If there is an investigation regarding a therapist’s license, the person must comply. Dishonesty or non-compliance may result in disciplinary action. Refusing to appear may be grounds for discipline.
13. Failing to complete continuing education requirements
North Carolina requires therapists to complete continuing education. Usually, it’s 40 hours per renewal period. For new licenses where the renewal period is less than two years, 30 hours are required.
It is possible to ask for an extension for a covered reason, such as military deployment, illness, or death of a close family member.
What To Do if Your License Is at Risk
If your license is at risk, you can fight back. You can provide information and contest the proceedings. There may be things that you can do to remedy the situation, such as engage in treatment or correct clerical matters.
A North Carolina therapist license lawyer can assist you.
How a Professional License Defense Lawyer Can Help
A professional therapist license defense lawyer can help you respond to proceedings against your license. They can help you in the following ways:
- Respond to a request for investigation
- Evaluate the allegations
- Determine a strategy
- Discuss a resolution on your behalf
- Explain your options
- Present your case
A license defense lawyer can assist you at any stage of the proceedings.
Contact Remington & Dixon, PLLC
Are you worried about losing your therapist license in North Carolina? Contact Remington & Dixon, PLLC. Talk to an attorney about your case and get legal help now.
