of license – Administrative hearing for applicant with felony conviction – Definitions. 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 crime that substantially relates to the practice of behavioral health and poses a reasonable threat to public safety; 2. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of this act; 3. 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; 4. Engaged in unprofessional conduct as defined by the rules established by the Board; 5. Engaged in negligence or wrongful actions in the performance of the licensee's duties; or 6. 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. D. As used in this section: 1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and 2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation. 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; Laws 2015, c. 183, § 13, eff. Nov. 1, 2015; Laws 2019, c. 363, § 67, eff. Nov. 1, 2019.
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