Avalanche Danger

ETHICS: In Search of Integrity and Responsibility in the Work Place

Ethics Committee Members: Jane Baxter, Tyler Beach, Damon Blank, Vivian Guze, Carole Light, Jack Mulgrew, Murray Scher, Avrum Weiss, Pat Webster, Marilyn Schwartz, Chair

Avalanche Danger – Dealing with Your Professional Licensing Board 

By Marilyn Schwartz

An alarming number of licensed mental health professionals in the state of Georgia have recently been caught either failing to renew their licenses in a timely manner or failing to submit a picture or evidence of citizenship, which is a new requirement. In the latter cases, the licensing board sometimes processed the renewal application and payment but did not actually renew the license. In a number of these cases, the mental health professional assumed his or her license had been renewed because payment had been accepted.  These therapists did not discover their error for months or sometimes even two years later when the licensing board charged them with practicing without a license.

If you discover your license has expired for six months or less, you can fairly safely call your licensing board and ask for your license to be reactivated by paying a small fine. If, however, your license has been expired for a longer time, you may need to call a lawyer first to help you deal with the licensing board. Communicating with your licensing board on your own can be perilous. Many clinicians naively assume that boards exist to help you resolve licensing questions or problems.  However, licensing boards are state regulatory agencies whose primary purpose is to enforce the laws of your state. Because they are charged with protecting the public by following the letter of the law, they may at times act counter to your interests or even your patients.

Licensing boards demonstrate that they are doing their job by identifying violators and administering penalties. Communicating directly with your board may unfortunately lead to your coming under their scrutiny. For example, if your license has expired for more than six months and you call your licensing board, you will be asked if you are still practicing. If you answer “yes,” be prepared for sanctions such as a “cease and desist” order barring you from practice, or an order to inform all your patients and their insurance companies that you have been practicing without a license, or a request for your patient records, or a heavy fine, and worst case scenario, threat of revocation of your license. 

With the exception of your initially applying for your license, you may be involved in a questionable legal situation whenever you have contact with your licensing board.  If you suspect this is the case, our best advice is first to seek counsel from a lawyer with experience in administrative law and with experience dealing with the licensing boards in your state.  

And remember: REACH OUT TO US, YOUR ETHICS COMMITTEE FOR HELP. We’ve acquired knowledge and experience dealing with licensing boards. We can advise you and we’ll support you.  

We can advise you and we’ll support you.