Can You Lose Your Professional License for Mental Health Issues?

HOW YOUR LICENSE MAY BE AT RISK

Many professionals worry about seeking mental health treatment because they fear that the record of treatment could lead to the potential loss of their license. The most important thing to understand here is that you will likely not face any license sanction unless your mental health issues or current status puts people under your professional care at risk. If a professional’s mental health issues are of the type that do not affect his or her ability to maintain the necessary level of professionalism and ability to do his or her job effectively, then it is unlikely that you are at risk. 

Since it is difficult to truly compartmentalize your mental health issues when you are working in a professional capacity, your actions can lead to questions about your mental health, which can lead to license sanctions. If you have questions about your specific profession and the mental health standards related to it, then it is important that you speak to an experienced professional license defense attorney as soon as you can.

UNDERSTANDING THE AMERICANS WITH DISABILITIES ACT

It is illegal for an employer or professional licensing board to discriminate against an employee or licensee under both state and federal law. Under federal law, a claim for discrimination can be brought under an alleged violation of the Americans with Disabilities Act (ADA). The ADA was passed in 1990 to protect American workers who suffer from various disabilities. Under the ADA, it is illegal for an employer to discriminate against any employee who suffers from any mental or physical disabilities. 

If you are a professional who suffers from mental health issues, then you are protected from discrimination by your licensing board under the ADA. If you have been wrongly discriminated against, then the ADA’s protection can hold the responsible party liable for monetary damages. If you are facing the potential of losing your professional license due to mental health issues, then the professional licensing board will have to demonstrate how your mental health issue puts others at risk. The board will also have to show why revoking your professional license is the appropriate measure given the facts and circumstances. If you have questions about a potential license sanctioning action against your professional license, then give us a call at S.J. Harris Law Office so we can help.

SJ HARRIS LAW FREE CONSULTATION

The S.J. Harris Law Office is proud to offer FREE 30-minute consultations to any professional facing license issues. We realize that professionals who are facing the potential of losing their licenses prefer representation that values proper discretion and privacy. All discussions during any consultation with us will be fully protected by the attorney-client privilege. At S.J. Harris Law, we strive to assist you in maintaining three things: your license, your reputation, and your future. Let our experience go to work for you today. Call us at (310) 361-8585 or contact us online for a free consultation.

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This blog is meant to be informational. It is not meant to be all-encompassing legal advice. If you are facing a situation involving your professional license, seek counsel from a licensed attorney.

Author : Scott J Harris