SECTION 86:16-17-4. Filing of an action

(a)   The Department may begin a disciplinary action against an LMFT or a person practicing marital and family therapy who is not exempt from licensure by following the procedures in Chapter 2 of this Title. The Department shall specifically state the violation(s) and shall request the appropriate remedy. Remedies include revocation of a license, suspension of a license, probation of a license and administrative penalty.

(b)   If in the course of an investigation the Department determines that a licensee or candidate for licensure has engaged in conduct of a nature that is detrimental to the health, safety, or welfare of the public, and which conduct necessitates immediate action to prevent further harm, the Commissioner may order a summary suspension of the counselor's license or authorization to conduct marital and family therapy and/or the practice of marital and family therapy. A presumption of imminent harm to the public shall exist if the Department determines that probable cause exists that a licensee or candidate has violated 310:400-5-1(c), 310:400-5-3(b)(1, 2, or 5), and 310:400-5-3(f) or 310:400-5-3(o).

[Source: Transferred from 310:400-17-4.1 by Laws 2013, c. 229, § 3(F), eff 11-1-13 (see Editor’s Note at beginning of this Chapter)]