(a) The Board, after notice and an opportunity for hearing, may suspend or revoke the license of any licensee if the licensee has engaged in the following behaviors:
(1) Violation of ethical standards of such a nature as to render the individual unfit to provide professional counseling services;
(2) Use drugs or alcohol or both to an extent that impairs the licensee’s ability to engage in the practice of professional counseling;
(3) Committing any act upon a client which would constitute sexual battery or which would constitute sexual misconduct as defined by the Board;
(4) Use of fraud, deception, misrepresentation or bribes in securing any license issued under this chapter or in obtaining permission to take an examination given or required pursuant to the provisions of this chapter;
(5) Obtaining or attempting to obtain any fee, charge, tuition, or other compensation by fraud, deception or misrepresentation;
(6) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed under this chapter;
(7) Violation of, assisting or enabling any individual to violate any provision of this chapter or any regulation adopted under this chapter;
(8) Impersonation of any person holding a license under this chapter;
(9) Revocation or suspension of a license or other authorization to practice counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized by this chapter;
(10) Mental impairment or physical disability that impairs the licensee’s ability to engage in the practice of professional counseling services;
(11) Assisting or enabling any person to hold himself out to the public as a licensed substance abuse counselor, licensed marriage and family therapist, or licensed professional counselor when that person is not licensed under this chapter;
(12) The issuance of the license is based upon a material mistake of fact;
(13) Use of any advertisement or solicitation that is false, misleading, or deceptive to the general public or person to whom the advertisement is primarily directed;
(14) Paying a kickback, rebate, bonus or remuneration for receiving a client, or receiving a kickback, rebate, bonus, or other remuneration for referring a client to another professional counselor;
(15) Referring clients to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement;
(16) Failing to make available to a client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the client;
(17) Failing to respond within 30 days to a written communication from the Board concerning any investigation by the Board, or failing to make available any relevant records with respect to any investigation about the licensee’s conduct or background;
(18) Performing any treatment or prescribing any therapy that, by the prevailing standards of the counseling professions in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent;
(19) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience; or
(20) Conviction of a felony or a misdemeanor involving moral turpitude.
(b) The issuance of a license in the first instance may be denied if the circumstances in subsection (a), paragraphs (2), (4), (8) or (20) of this section are shown to exist.
(c) No license may be denied, suspended, or revoked under subsection (b) without prior reasonable notice and opportunity for hearing and without a majority vote, of the Board, but the Board, may without prior notice or hearing, temporarily suspend for up to one year the license of any person convicted of a crime as set forth in subsection (a)(20). The burden of proof is on the Board in any proceeding to suspend or revoke a license.
(d) Any individual may file a complaint with the Board seeking denial, suspension or revocation of a license issued or to be issued by the Board. The complaint must be in a form prescribed by the Board and must be verified under oath.
(e) If the Board determines that a complaint alleges facts, which, if true, would require denial, revocation, or suspension of a license, the Board shall promptly institute a hearing.
(f) Whenever the Board is of the opinion that a complaint does not allege facts that warrant a hearing, the complaint must be dismissed.
(g) A license may expire as a result of failure to comply with section 213(a).
(h) The Board shall publish, and maintain ethical standards for the professional conduct of its licensees and make the ethical standards available to the public on the Board’s website.