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12/07/2016

List Serv Question from West Virginia

Professional Negligence

Thanks in advance for your time and help in obtaining answers to the questions below.  Please respond at the end of this survey under Leave A Comment.

As it relates to your applicants and licensees and the reporting of felony convictions, crimes involving moral turpitude, OR other conduct, practices or acts constituting professional negligence in which the board may determine to be grounds for refusal, revocation or suspension of licensure:

1) Do your board rules and/or code include a requirement for self reporting by the licensee of any of the above?

2) What is the time frame required for self reporting? 

3)  Does your License Renewal  Application include questions related to reporting of any of the above?  What is your license renewal cycle, annual or biennial?

4) Do your board rules and/or code include a requirement for updating the board with changes to contact information? 5)  Along with Professional Counselor licensure, is your board composed of additional MH professions, Marriage and Family Therapist, Social Work and/or Psychologist?  Please list.   The WV Board of Counselors includes the LPC (Licensed Professional Counselors) and LMFT (Licensed Marriage and Family Therapists).  SW and Psychology are two separate and independent boards. 

Please include your state in your replies and if you are able to cite or provide the link to your rule and/or code related to the questions below that will be very helpful as well.  Please reply below.

Thank you again.  Your help is most appreciated!  

 

Roxanne Clay
Executive Director
West Virginia Board of Examiners in Counseling

 


6 Comments

Susan Stumfoll on Wednesday 12/07/2016 at 04:46PM wrote:

#1. Yes, in the AZ Revised Statutes 32-3208
#2. 10 days
#3. Yes, our renewal applications include background criminal history questions.
Our renewal is every 2 years.
#4. We require change of contact info within 30 days. Our licensures include: LAC, LPC, LMSW, LCSW, LBSW, LAMFT, LMFT, LISAC, LSAT and LASAC.

Lic Assoc Counselor
Lic Prof Counselor
Lic Master Social Worker
Lic Clinical Social Worker
Lic Baccaluareate Social Worker
Lic Assoc Marriage and Family Therapy
Lic Marriage and Family Therapy
Lic Independent Substance Abuse Counselor
Lic Substance Abuse Technician
Lic Assoc Substance Abuse Counselor

Greg Searls on Thursday 12/08/2016 at 10:42AM wrote:

In Wyoming, they are not required to self report other than when it comes to an application or renewal. Both applications have questions that they must answer and then explain and provide documentation. We have biennial renewal.

Licensees and Certificate Holders are required to update contact information with the Board, but a time frame is not given. https://drive.google.com/a/wyo.gov/file/d/0ByqO3l2NzH2SN0hwdG11LTJWVkE/view?usp=drive_web

Our Board is counselors, social work, marriage and family, and addictions therapy. Psychology is a separate board.

Jennifer Wenhold on Monday 12/12/2016 at 10:18AM wrote:

For Florida:
1) Yes
2) within 30 days
3) Yes, biennial
4) Yes. Florida does not recognize Professional Counselor. Florida's Board is a composite board comprised of Social Work, Marriage & Family and Mental Health Counselors.

All of this information can be found on the Board's webpage located at: www.floridasmentalhealthprofessions.gov

North Dakota Board on Monday 12/12/2016 at 05:53PM wrote:

Questions 1 and 2:
NDBCE Adm Code: 97-02-02-03 Reporting convictions and discipline. A licensee, convicted of an offense, except a minor traffic offense, or disciplined in another jurisdiction, shall report the conviction or discipline to the board within thirty days of the conviction or discipline.

From the ND Century Code:
43-47-06.3 Criminal History Record Checks
The board shall require an applicant for licensure under subsections 2,3, and 4 of section 43-47-06 and section 43-47-06.1 to submit to a statewide and nationwide criminal history record check and may require a licensee to submit to a statewide or nationwide criminal history record check. The nationwide criminal history record check must be conducted in the manner provided in section 12-60-24. All costs associated with obtaining a background check are the responsibility of the applicant or licensee.
43-47-07, Disciplinary Proceedings. The board may deny, refuse to renew, suspend, or revoke any license issued under this chapter upon finding by a preponderance of the evidence that the applicant or licenseholder: 1) has been convicted of an offense determined by the board to have a direct bearing as determined by the board in accordance with section 12.1-33-02.1; 2) has been grossly negligent in the practice of counseling and has injured a client or other person to whom the individual owed a duty; or 3) has violated any rule of the board.

Question 3: Yes, there are questions on the application that must be answered related to felonies, impaired judgment and malpractice judgments.

Questions 4 and 5: No.

The Century Code and Admin Code can be found at www.ndbce.org.

Leah Brew on Monday 12/12/2016 at 05:58PM wrote:

Answers from California:

Question 1: In CA, we do have a requirement. Bbs.ca.gov: 4999.51 and 4999.86 and 4999.90

Question 2: In CA, immediately, or it comes up when they apply for their intern number. Bbs.ca.gov: 4999.100

Question 3: Yes the renewal application ask the question and it is every other year. Bbs.ca.gov 4999.76 tells the cycle of renewal and the form online or in print asks the question about convictions.

Question 4: Yes, it is in CA Statute that they keep the Board up-to-date with address changes within 30 days of change. Bbs.ca.gov: 1804

Question 5: We are a composite Board: LMFTs, LCSWs, LEPs (Educ Psych), and LPCCs.

Raelene McCarthy on Wednesday 03/08/2017 at 01:07PM wrote:

Louisiana LPC Board of Examiners

Question 1: Yes but only as part of application processes.- §1110 of the Louisiana Mental Health Counselor Licensing Act (http://www.lpcboard.org/Law%20Update%20for%20Website%20RE%20Act%20736%20and%20To%20be%20Effective%20484.pdf)
§1110. Denial, revocation, or suspension of license
A. The board shall withhold, deny, revoke, or suspend any license issued or applied for in accordance with the provisions of this Chapter or otherwise discipline a licensee upon proof that the applicant or licensee:
(1) Has been convicted in a court of competent jurisdiction of a felony, the conviction being final, or upon a plea of guilty or nolo contendere to a felony, the record of conviction or plea being conclusive evidence thereof.
(2) Has been convicted in a court of competent jurisdiction of any crime or offense which reflects the inability of the practitioner to practice with due regard for the health and safety of clients or patients.
(3) Has violated the code of ethics adopted by the board.
(4) Is abusing drugs or alcohol to an extent or in a manner dangerous to any other person or the public, or to an extent that said use impairs his ability to perform the work of a licensee or registrant.
(5) Has impersonated another person holding a professional license or registration issued pursuant to this Chapter or allowed another person to use his license.
(6) Has used fraud or deception in applying for a license or registration or in taking an examination provided for in this Chapter.
(7) Has allowed his name, license, or registration issued under this Chapter to be used in connection with any person or persons who practice outside of the area of their training, experience, or competence.
(8) Is legally adjudicated mentally incompetent, the record of such adjudication being conclusive evidence thereof.
(9) Has willfully or negligently violated any of the provisions of this Chapter.

Additionally, provisional licensure and licensure applicants are required to answer the following questions as part of their application:
- Have you ever been found guilty after trail, or pleaded guilty, no contest, or nolo contendere to a crime (felony or misdemeanor) in any court, excluding minor traffic violations?
- Do you have any pending legal charges, which may affect your status as a PLPC/LPC or PLMFT/LMFT
- Have you ever had a professional practice license, registration, and/or certificate in any state to be voluntarily or involuntarily relinquished, restricted, revoked, suspended, or denied?
- Have you ever been subject to a fine, reprimand, consent order, probation or any conditions or limitation by any state or professional licensing, registration or certification board?
- Have you ever used or are you currently using any narcotics, controlled substances, or alcoholic beverages in a manner that is dangerous to the public or in a manner that impairs your ability to provide mental health counseling to the public?
- Do you currently have a medical condition, which may in any way impair or limit your ability to practice mental health counseling with reasonable skill or safety?

Applicants who answer yes to any of these questions must submit a notarized letter of explanation for review.

Question 2: The Board does not have a specific rule regarding self-reporting; however, we regularly ask provisional licensees and licensees for information regarding any criminal or substance abuse history. Applicants with any type of criminal history must submit to a Criminal Record Check in order for their application to be formally reviewed.

Question 3: Yes. The License Renewal Application includes the following questions:
- Since your last renewal date, have you been found guilty after trial, or pleaded guilty, no contest, or nolo contendere to a crime (felony or misdemeanor) in any course, excluding minor traffic violations?
- Since your last renewal date, have you had a professional license, registration, and/or certificate in any state to be voluntarily or involuntarily relinquished, restricted, revoked, suspended, or denied?
- Since your last renewal date, have you used or are you currently using any narcotics, controlled substances, or any alcoholic beverage in a manner that is dangerous to the public or in a manner that it impairs your ability to provide mental health services to the public?
- Do you currently have a medical condition which may in any way impair or limit your ability to practice professional counseling or therapy with reasonable skill and safety?

Licensees who answer yes to any of these questions must submit a notarized letter of explanation for review.
Licensees are required to renew biennially.

Question 4: The Board requires individuals to update their contact information within thirty (30) days of the change.

§111. Notification of Change
A. Every licensed or provisional licensed professional counselor and every licensed or provisional licensed marriage and family therapist shall immediately notify in writing the Licensed Professional Counselors Board of Examiners of any and all changes in name, address, and phone number. Failure to comply with this rule within 30 days of change will result in a fine as set forth in §901.C. (http://www.lpcboard.org/46v60_FINAL.pdf)

Question 5: The Louisiana LPC Board of Examiners is comprised of Licensed Professional Counselors (LPCs), Provisional Licensed Professional Counselors (PLPCs), Licensed Marriage and Family Therapists (LMFTs), and Provisional Licensed Marriage and Family Therapists (PLMFTS).


Disclaimer: The opinions expressed in the comments shown above are those of the
individual comment authors and do not reflect the opinions of this organization.