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Ohio Counselor License Defense Lawyer

 

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If you are facing an investigation and potential disciplinary action from the Ohio Counselor, Social Worker and Marriage and Family Therapist Board, your best course of action is to contact a skilled and experienced Ohio counselor license defense attorney as soon as possible. Having a lawyer to guide and protect you through the administrative process can be invaluable. Our legal team at Graff & McGovern has decades of experience in Ohio professional licensure defense and helping clients retain their licenses.

The Ohio Counselor, Social Worker and Marriage and Family Therapist Board

The Ohio Counselor, Social Worker and Marriage and Family Therapist Board currently licenses and regulates the following professionals:

  • Social workers
  • Independent social workers
  • Registered social worker assistants
  • Professional counselors
  • Professional clinical counselors
  • Counselor trainees
  • Marriage and family therapist
  • Independent marriage and family therapists

If there is a complaint made regarding one of these professionals, then the board investigates the claim and may take formal action against the licensee.

If you are subject to a complaint, do not hesitate to reach out to an Ohio therapist license defense attorney at Graff & McGovern. We are here to help therapists, counselors, and social workers strive to protect their licenses and careers.

Common Violations for Therapists, Counselors, and Social Workers

The Ohio Counselor, Social Worker and Marriage and Family Therapist Board has many important functions, one of which is to investigate complaints made by clients, colleagues, and others. Complaints often arise from violations of laws located in the Ohio Revised Code (ORC) Chapter 4757, or rules made by the Board.

Many of these complaints arise due to instances of:

  • Treating clients below the standard of care
  • Failing to maintain accurate and complete client records
  • Improper billing practices
  • Fraud
  • Becoming personally involved with clients
  • Violating confidentiality
  • Sexual contact or relationships with clients
  • Practicing without a valid license
  • Failing to complete continuing education requirements
  • Criminal conviction

If you are facing disciplinary action by the Board because of one of these issues or another violation of a law or rule, then contact one of our Ohio therapist license defense lawyers. After reviewing the fact of your situation and listening to your concerns, we will pursue the best possible outcome in your case.

The Therapy Board Disciplinary Process and Consent Agreements

All complaints are reviewed by the Deputy Director to assess jurisdiction and severity. The Board does not investigate agencies, only individuals. It also does not investigate employment-related issues. Most issues pertain to the care and safety of therapist, social worker, and counselors clients. If the issue is not within the Board’s scope, it may refer the issue to another government agency or to law enforcement authorities.

When the complaint is within the Board’s purview, an investigator may be assigned. This individual conducts an initial investigation and documents their findings. Then a committee reviews the findings and makes a recommendation as to what to do next.

An investigation may result in:

  • Closing a complaint as unsubstantiated
  • Closing a complaint with caution
  • A consent agreement
  • Civil penalties
  • Supervision
  • License suspension
  • License revocation

In situations where there is evidence of a violation, the Board may seek a consent agreement, which is a resolution agreed upon by you and the Board. The consent agreement will state the facts of the situation, agreed violations, and agreed disciplinary actions. If you are approached with the terms of a consent agreement, you may accept or reject them. However, these are not your only two options. An Ohio counselor license defense lawyer may help you negotiate an agreeable resolution to the complaint. If the lawyers of Graff & McGovern are able to negotiate a consent agreement, then this must go to the Board for approval.

Administrative Hearings with the Therapy Board and Appeals

If a consent agreement is not offered or we cannot negotiate an acceptable resolution prior to a formal action, then you will receive a Notice of Opportunity of Hearing. You have 30 days from the date it is mailed to request an administrative hearing, otherwise the Board may proceed without your participation. To ensure you receive adequate defense, call an Ohio social worker license defense attorney right away.

An administrative hearing follows certain legal procedures, which can be confusing and difficult to manage. You may need help presenting evidence, cross-examining witnesses, and questioning your own witnesses. Let our experienced lawyers at Graff & McGovern defend you.

You have the right to appeal the final order resulting from the administrative hearing. When you appeal the Board’s decision, you have 15 days to file an administrative appeal in your local court of common pleas. A license defense attorney can guide you through this process and represent you. Our experienced attorneys at Graff & McGovern will explain your right to appeal the disciplinary action against you.

Call an Ohio Counselor License Defense Attorney Today

Working with a trusted license defense lawyer when subject to a professional complaint can be invaluable for your career. Our attorneys at Graff & McGovern collectively have 115 years of experience. We have represented a wide range of professionals for decades, helping them clear up misunderstandings, defending their actions, and maintaining their licenses. Whatever the circumstances or accusations, we will help you resolve the matter, and strive to enable you to move forward in your career.