§ 59-1941. Denial, revocation, suspension, or placement on probation of license – Administrative hearing for applicant with felony conviction.  


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  • A.  The State Board of Behavioral Health Licensure may deny, revoke, suspend, or place on probation any license or specialty designation issued pursuant to the provisions of the Licensed Behavioral Practitioner Act to a licensed behavioral practitioner, if the person has:

    1.  Been convicted of a felony;

    2.  Been convicted of a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice behavioral health;

    3.  Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act;

    4.  Knowingly aided or abetted a person not licensed pursuant to these provisions in representing himself or herself as a licensed behavioral practitioner in this state;

    5.  Engaged in unprofessional conduct as defined by the rules established by the Board;

    6.  Engaged in negligence or wrongful actions in the performance of the licensee's duties; or

    7.  Misrepresented any information required in obtaining a license.

    B.  If the Board determines that a felony conviction of an applicant renders the convicted applicant unfit to practice counseling, the Board shall provide notice and opportunity to the applicant, by certified mail at the last-known address, for an administrative hearing to contest such determination before the Board may deny the application.  The request shall be made by the applicant within fifteen (15) days of receipt of the notice.

    C.  No license or specialty designation shall be suspended or revoked, nor a licensed behavioral practitioner placed on probation, until notice is served upon the licensed behavioral practitioner and a hearing is held in conformity with Article II of the Administrative Procedures Act.

Added by Laws 1999, c. 133, § 12, emerg. eff. April 28, 1999.  Amended by Laws 2009, c. 220, § 4, eff. Nov. 1, 2009; Laws 2013, c. 229, § 34, eff. Nov. 1, 2013.