Unprofessional Conduct, Disciplinary Actions, and Complaint Process
Domain 8 tests what gets a licensee disciplined and how the complaint process works.
Unprofessional conduct
Examples include practicing outside scope, unlicensed practice, false or misleading advertising, sexual misconduct, breach of confidentiality, failure to report required abuse, insurance fraud, practicing while impaired, abandoning clients, failing to complete CE, and violating supervision rules. The Board may act on conduct that occurs in person, by telehealth, or online.
Complaint and discipline process
Anyone may file a complaint. The Board screens it, may request records and a written response, and may dismiss it or charge the licensee. Contested cases go to the Office of Administrative Hearings. Sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and required CE. The licensee has notice, a right to counsel, and appeal rights. Cooperation is expected; ignoring a Board letter can become a separate violation.
Worked example
A client complains that a counselor billed for a family session that never occurred. The counselor receives a Board inquiry and should respond on time, preserve records, and obtain counsel. Altering the note after the complaint is far worse than the original billing error.
Traps
- Ignoring the Board because 'the client never sued.'
- Assuming HIPAA preempts state licensing discipline.
- Thinking a dismissed complaint erases the file or that a consent order is not public.