New Orleans Professional License Attorney, Elizabeth B. Carpenter, has been fighting for Louisiana licensed counselors facing disciplinary action since 2013.

Louisiana Professional Counselor Disciplinary Laws

Disciplinary proceedings before the LPC Board are less formal than a judicial proceeding. The purpose of a disciplinary proceeding is to determine if the person did certain acts or omissions and whether those acts or omissions violated the Louisiana Mental Health Counselor Licensing Act. Our New Orleans Professional Counselor Attorney described the procedure

All disciplinary investigations begin with a complaint. Complaints may be initiated by any person or by the board on its own initiative.

The board through its Committee on Disciplinary Affairs, conducts an investigations into alleged violations by a licensed professional counselor.

LPC Board Complaint

Some complaints are settled informally by the board and the person accused of a violation without a formal hearing. The following types of informal dispositions may be utilized.

1. Disposition by Correspondence – For complaints less serious, the Committee for Disciplinary Affairs of the board may write to the person explaining the nature of the complaint received. The person’s subsequent response may satisfactorily explain the situation, and the matter may be dropped.

2. Informal Conference – The Committee for Disciplinary Affairs of the board may hold a conference with the person in lieu of, or in addition to, correspondence in cases of less serious complaints. If the situation is satisfactorily explained in conference, a formal hearing is not scheduled.

3. Settlement / Consent – An agreement worked out between the person making the complaint and the person accused of a violation does not preclude disciplinary action by the board. The nature of the offense alleged and the evidence before the board must be considered.

LPC Board Hearing

The board has the authority to bring administrative proceedings against persons to whom it has issued a license to practice as a licensed professional counselor.  A decision to initiate a formal charge is made if one or more of the following conditions exists.

  • The complaint is serious.
  • The person fails to respond to the board’s correspondence concerning the complaint.
  • The person’s response to the board’s letter or investigation demand is not convincing.
  • An informal approach is used, but fails to resolve all of the issues.

At the hearing the person has the right to:

  •  Appear and be heard, either appearing alone or with counsel;
  • The right of notice;
  • A statement of what accusations have been made;
  • The right to present evidence and to cross-examine; and
  • The right to have witnesses subpoenaed.

LPC Board Hearing Procedures

  1. The chair of the board presides over the hearing.
  2. The board’s representative makes an opening statement.
  3. The person’s attorney, makes an opening statement.
  4. The board’s representative presents the case against the person.
  5. The person’s attorney cross-examines.
  6. The person presents evidence.
  7. The board’s representative cross-examines.
  8. The board’s representative rebuts the person’s evidence.
  9. Both parties make closing statements.
  10. Deliberation

LPC Board Decision

The board deliberates in closed session;

The board votes on each charge as to whether the charge has been supported by the evidence (the standard is “preponderance of the evidence”)

After considering and voting on each charge, the board will vote on a resolution to dismiss the charges, withhold, deny, revoke or suspend any license.

The board’s decision is made by the majority affirmative vote.

Reconsideration of Board’s Decision

The board may reconsider a decision.

A motion by a party for reconsideration or rehearing must be filed within 10 days after notification of the board’s decision. The motion shall set forth the grounds for the rehearing, which include one or more of the following:

  • The board’s decision is clearly contrary to the law and evidence;
  • There is newly discovered evidence by the party since the hearing which is important to the issues and which the party could not have discovered with due diligence before or during the hearing;
  • There is a showing that issues not previously considered ought to be examined in order to dispose of the case properly; or
  • It would be in the public interest to further consider the issues and the evidence.

Disciplinary Proceedings Costs

The board may assess and collect fines not to exceed five thousand dollars for violation of any causes for administrative action. The board may assess all costs incurred in connection with disciplinary proceedings. After the decision of the board becomes final and delays for judicial review have expired, all costs and fees must be paid no later than ninety days or within a time period specified by board. The board may withhold any issuance or reissuance of any license or certificate until all costs and fees are paid.

Legal Assistance

If you are a Licensed Professional Counselor in Louisiana and the board has contacted you about an investigation, you should seek counsel. Our New Orleans Professional License defense attorney Elizabeth B. Carpenter has the necessary experience to fight for your livelihood.