Introduction
Mental Health Regulatory Agency compliance staff investigate complaints against Oregon licensed professional counselors (LPCs), licensed marriage and family therapists (LMFTs), professional counselor associates, marriage and family therapist associates, temporary practitioners under the purview of this Board, and others who may be acting in violation of the law (unlicensed practice). For a detailed review of the complaint and investigation process, please review the
Complaint and Investigation Process Flowchart.
The Board will investigate when it has reason to question the competency or conduct of a licensee, registrant applicant, temporary practitioner, or any person alleged to be practicing in violation of Board law. Investigations are not always the result of an individual submitting a complaint; for example:
- A random continuing education audit that shows evidence of non-compliance with requirements.
- Newspaper articles or news broadcasts can create cause for further investigation.
- Disciplinary actions by other states or professional credentialing organizations.
- Inconsistencies or information coming as part of an application for licensure or renewal of licensure.
For examples of complaints, including how the Board may handle them after preliminary review, please see below. *Please note: These are examples only and not a comprehensive list.
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Types of complaints which the Board will investigate beyond a preliminary review. |
Types of complaints on which the Board may close after preliminary review.
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| Inappropriate or substandard care in the practice of professional counseling or marriage and family therapy | Anonymous complaints with no contact information |
| Impairment in the practice of professional counseling or marriage and family therapy | Complaints about conduct that is unrelated to the practice of professional counseling or marriage and family therapy |
| Failure to create, maintain, or produce clinical documentation as required | Issues involving employment or organizational conflicts, unless it is related to practice as a professional counselor or Marriage and Family Therapist |
| Criminal activity (Please also report to Law Enforcement) | Complaints that a licensee was rude, unless it raises questions of impaired, inappropriate or substandard practice |
| Scope of practice concerns (E.g., prescribing medication) | General billing issues (unless fraudulent billing is alleged) |
| Unlicensed practice | Matters involving public speech (social media posts, blogs, articles, etc.) |
| Inappropriate boundaries or relationships with a patient or client | Practice of licensees of other Oregon boards or student interns from accredited programs (Please refer to the appropriate board or the intern’s educational institution for filing complaints). |
| Failure to comply with mandatory reporting obligations | Complaints with insufficient information to independently verify the allegations |
How to File a Complaint
Please complete and submit the form below to begin an investigation. If you have other documents that will help the Board investigate the case, please send copies with your submission.
Frequently Asked Questions
- The Board will not confirm the identity of a complainant to another person, however, through the investigative process a complainant's identity may become apparent. Every effort is made to ensure confidentiality for complainants who wish to remain anonymous.
Complainants are encouraged to support the investigation by responding completely and promptly to all investigator inquiries. This responsive participation allows the Board to conduct a fair, thorough, and independent review.
- Anyone who has evidence to support their belief that a regulated practitioner is incompetent, impaired or has violated any Oregon laws and/or rules of the Board, including the ethical code, or that a person is practicing without being licensed.
This includes licensed professionals from any field. Board licensees, registered associates and other permittees are required to file a complaint with the Board if they believe another practitioner has violated Board rules or ethics or is incompetent or impaired. (Professionals licensed by other boards may have similar obligations.)
The Board may also initiate a complaint investigation.
- Any violation or possible violation of the Board’s ethics code or any other law or rule may be reported to the Board. This could include any of the following acts, or may be another matter of concern:
- Harming a client or having an inappropriate relationship with a client.
- Inaccurately claiming to be an Oregon LPC, LMFT, registered associate, or other permittee.
- Practicing beyond the scope of competence based on the practitioner’s education, or professional experience.
- Practicing while impaired by illness, substance abuse, or other impairment.
- Failing to comply with mandatory abuse reporting requirements.
- Breaching client confidentiality.
- Failing to distribute a professional disclosure statement.
Complaints can also be made about unlicensed practice.
- A complaint must be filed using the Board’s on-line Confidential Report Form. The Confidential Report Form link can be found at the top of this page. Filing a complaint is relatively quick and can be completed online.
A Confidential Report Form may be rejected/returned if Board staff are unable to understand information provided on the form or if it is incomplete.
Anonymous complaints are discouraged because the Board may not be able to conduct a complete investigation without speaking to people with knowledge of the allegations. However, an anonymous complaint may be accepted if the information submitted is specific enough for the Board to investigate adequately.
- The Board has limited resources and meets only every other month. Investigators are instructed to complete an investigation for presentation to the Board within 120 days; however, if necessary, the Board may grant extensions. Typically, it takes several months before a case is fully investigated and heard by the Board. Investigations involving multiple allegations and many witnesses may take longer.
Public protection is the Board's primary concern, and all alleged violations of Board rules or laws are important. Therefore, cases involving allegations of a sexual nature, boundary issues or allegations involving vulnerable populations will often take priority over violations of other standards. Otherwise, complaints are investigated in the order they are received.
- If the Board opens an investigation into a respondent and additional investigation is deemed necessary, the Board will notify the respondent and give them a chance to respond to the allegations at issue. However, if the complaint is closed early in the process (see FAQ #4) the Board may not contact the respondent.
The Board is not required to immediately notify a respondent that a complaint has been filed against them. Instead, the notice will typically be made when the investigation begins.
- The respondent will be notified, in writing, that the Board is conducting an investigation into the allegations. The allegations will be summarized and the complaint’s identity will not be disclosed. In most cases, the respondent will not be told what generated the investigation. The Board makes no assumptions about the truth of allegations made in a complaint.
When the respondent is notified, they will be asked to respond to the allegations within 30 days. The respondent will be given the contact information of the assigned investigator. The investigator may talk to people who have knowledge of the situation, gather or identify evidence, interview witnesses and prepare a report for the Board’s review. A licensee, registered associate or other permittee must participate in a Board investigation, including by answering questions and providing records requested by the Board investigator.
Respondents may hire an attorney to represent them. The Board and its staff cannot provide legal advice to a respondent.
- After preliminary review if additional investigation is deemed necessary respondents will be notified of any investigation opened into their conduct. The respondent will have an opportunity to respond to the allegation.
- No, the Board will notify the complainant when the investigation has concluded. This will happen in one of two forms: a brief letter notifying the complainant that the investigation has concluded without disciplinary action and a reminder that the Board cannot discuss it further; or, a formal notice that the Board has issued disciplinary action.
- Before the Board makes a determination that a violation has occurred, only the Board, designated staff and the Board’s attorney sees the investigator's report and has access to all the information gathered. The Board will determine if it has reason to believe a respondent violated any applicable law, rule or ethical standard.
If the Board determines that the investigation should be closed without disciplinary action, the Board's decision will be made by a public vote. Case numbers are used (rather than a respondent’s name) during the vote.
See FAQ #12 for what happens if the Board determines to seek to impose disciplinary action.
- The Board hires investigators to collect facts, such as by reviewing documents and interviewing witnesses. Investigators are typically not licensed behavioral health practitioners. Investigators do not determine if violations occurred or make decisions about sanctions.
Instead, investigators make written reports to the Board about the facts they have collected. The Board reviews the reports and makes determinations about whether a violation has occurred and, if so, what sanction is appropriate. After reading a report, the Board may instruct an investigator to carry out further lines of investigation and bring new information back to the Board for further review.
- The Board's decision to seek to impose discipline is made by a public vote, which is made by case number, rather than the respondent’s name.
After the vote Board issues a legal document, called a Notice, which states the alleged violations and lists the types of discipline the Board intends to impose. The Notice lists the laws or rules the Board believes the respondent violated. Typically, the Notice is issued a couple of weeks after the Board’s vote.
The Notice will allow the respondent a specific amount of time (generally 21 days; 60 days for licensure application denials) to request a contested case hearing. Once the Notice is issued, it becomes a public record, which lists the respondent’s name.
If the respondent fails to request a contested hearing within the time allowed, or the respondent requests a hearing but fails to appear, the respondent will stand in default and the Board will impose the sanction via a default order.
If the respondent requests a contested hearing, one will be scheduled. Hearings are held before an independent Administrative Law Judge, who will be assigned by the Oregon Office of Administrative Hearings. The Administrative Law Judge has no affiliation with either the Board or the respondent.
Contested case hearings are similar to court hearings, but more informal. Evidence will be presented and witnesses will be called by both sides to testify under oath. Respondents may represent themselves, or obtain legal counsel. The Board is represented by an Assistant Attorney General from the Oregon Department of Justice.
After the contested case hearing, the Administrative Law Judge will issue a "proposed order" with findings of fact and conclusions of law ( a violation occurred or did not occur) and a recommendation for disciplinary action. The respondent can file “exceptions” or objections to the proposed order.
Then the Board will review the proposed order and any exceptions filed by the respondent. The Board may adopt the proposed order as presented, or amend it. The final document is often called a "final order." This is also public record. The final order will contain all sanctions and costs assessed by the Board.
In the event of an adverse decision, the respondent has 60 days to file a request for judicial review by the Court of Appeals. This process typically takes at least a year.
Final disciplinary actions are reported to the National Practitioner Data Bank and other national disciplinary networks.
- Sanctions are determined by the Board. The Board conducts a case-by-case assessment based on the severity of the violation, all the relevant facts, and mitigating factors when determining a sanction. Depending on what it determines, the Board may impose remedial sanctions (designed to improve a practitioner’s work), punitive sanctions, or a combination of both.
The Board is authorized to impose a range of disciplinary measures, including: requiring additional training (continuing education); reprimand; supervised practice; probation; suspension; revocation, denial or non-renewal of a license; or civil penalties. In addition, the Board will seek to collect the costs of the disciplinary process to the extent authorized by statute.
- Disciplinary costs include all costs incurred by the Board in the disciplinary process, such as time spent by the Board’s legal counsel in the preparation and issuance of Board notices and orders, as well as in the negotiation of settlements with respondents and their counsel. Disciplinary costs may also include expenses of any contested case hearing in which the Board prevails, such as the amount billed to the Board by the Office of Administrative Hearings, expert witnesses, etc. The amount of these costs will vary depending upon the specific circumstances of each case.
- Respondents who are subject to a Board Order that includes the imposition of disciplinary costs and/or civil penalty must pay the full amount due as stated in the order document by said due date.
Unpaid debts will be referred to the Department of Revenue or a private firm for collection, where respondents may request a payment arrangement.
- Yes! After the Board issues the notice of its intent to take disciplinary action, a resolution can be negotiated through a stipulated final order, which is a type of settlement agreement or consent order. The respondent (or their legal counsel) and the Board's representative (Assistant Attorney General) may discuss compromise proposals. The Board must approve any proposed settlement by public vote.
- Information gathered during the complaint investigation process is confidential and will not be released to the general public. The Board and its staff will not disclose the existence of a complaint that does not result in Board discipline.
However, if the investigation leads to a disciplinary notice or final action, the official documents (Notice and Order) must be released. The Board will post these documents on its website and may summarize them in its newsletters.
Any formal discipline imposed will be reported to the National Practitioner Data Bank, as required by federal regulation.