| Oregon Board of
Licensed Professional Counselors and Therapists Regulating the Practice of Counselors and Therapists Revised: January 17, 2007 State Board of Licensed Professional Counselors And Marriage And
Family Therapists
IS IT ILLEGAL TO PRACTICE PSYCHOTHERAPY AND DIAGNOSIS WITHOUT A LICENSE? If a person is not licensed and that person is practicing psychotherapy and diagnosis, then that person may be illegally practicing psychology without a license under ORS 675.01. While the Board of Professional Counselors and Therapist may not have authority to act, the Board of Psychologist Examiners may have authority to investigate and pursue other legal and criminal avenues. It is important to be clear about what the person is actually doing, not what they say they are doing or what their title is. HOW CAN I HELP INSURE THAT MY COMPLAINT IS SUCCESSFUL? There is no certain way to insure your complaint will be successful. You need to read and understand the material provided by the Board. It may help if you consult with a professional who is familiar with professional and ethical standards of practice. It is very important that your complaint recognize and report what happened in a manner that can be understood and appreciated by the Board. Some counselors and therapists may resort to making negative characterizations of you that can pursuade the Board to disbelieve you. Consulting with an experienced professional may help you prepare your complaint more effectively and he or she may be able to act as a credible character witness in your behalf.
Complaints should be made to the appropriate Board in which person is licensed. A complaint to the Board of Licensed professional counselors and therapists must be with regard to individuals over whom they have jurisdiction. However, even though the person may not be licensed by its Board, the person may be licensed under the jurisdiction of another board. In some cases, a person can fall under the jurisdiction of the Board of Psychologist Examiners if they are unlicensed and practicing psychotherapy and diagnosis without a license. HOW DO I KNOW IF I SHOULD FILE A COMPLAINT? In general, if you feel you have been treated unprofessionally or unethically you may have grounds for a complaint. However, the complaints process is not about justice. The process is about regulating the practice of licensed professionals. There is no harm in calling the Board and asking for a copy of the Code of Ethics, administrative rules and Oregon State Statutes. After reviewing these you should have a pretty good idea if you have grounds to file a complaint. Sometimes is helps to speak with another professional to review the situation. In some cases there may have been unethical and unprofessional behavior that even you are not aware of. Discussing your case with a competent professional can help you clarify what happened, the essential elements of the complaint and to communicate your complaint in such a way that you are credible and you will be taken seriously. WHAT TYPES OF COMPLAINTS CAN BE MADE?
Oregon law does not specifically require counselors or marriage and family therapists to be licensed in order to practice. Although the Board will open a complaint file and conduct a preliminary investigation, the Board has almost no jurisdiction over persons who are not licensed or not in the application process to become licensed. The Board’s disciplinary authority involves the license. The Board can:
Counselors and therapists who are not licensed or have not applied for a license are not subject to discipline by the Board. The Board can levy a civil penalty, or monetary fine, against persons falsely claiming licensure:
Complaints are made to the Oregon State Licensing Board. The Board consists of six counselors and therapists plus a public member. They are appointed by the Governor and subject to legislative review. You may call, e-mail, fax or write the State Board. By contacting the Board and complaining about the behavior or conduct of a counselor. You will be required to name the counselor and make specific allegations regarding violations of the law, rules, or competency. This will open a complaint file; however, the Board will ask you to follow up oral complaints with a written document. Complaint Forms are available at no charge. Yes. Pursuant to chapter 791, Oregon Laws 1997, the existence of the complaint, any documents submitted as part of the complaint, and information identifying the complainant or the subject of the complaint shall be kept confidential. Although the Board will not make this information known, you need to be aware that
If the complaint involves your therapy, the Board will ask you to sign a release of information. That release will not indicate that you are the complainant. Without it, the counselor or therapist cannot discuss his/her conduct as it relates to your therapy. If your complaint involves someone else as a client, then the Board will need to know the name and whereabouts of the client in order to obtain a release of information. WILL PRIVATE INFORMATION ABOUT ME OR MY FAMILY BE KEPT CONFIDENTIAL? The complaint is confidential. Information obtained by the Board as part of an investigation is confidential. The investigation report filed with the Board is confidential. When listing allegations in notices of proposed disciplinary action, the Board will make every effort to protect involved parties, for example, initials may be used in place of names. Details and documents admitted into evidence do not become part of the public record. CAN I BE SUED FOR FILING A COMPLAINT? The Board cannot offer you legal immunity or prevent such a thing from happening; however, you must keep in mind that complaints records are not accessible to prove you filed a complaint, and the law prohibits any of the public documents from disciplinary actions that might arise out of a complaint to be admitted as evidence in a civil proceeding. WHAT HAPPENS AFTER I FILE A COMPLAINT? Allowing some minor variation for timing and staffing and unique circumstances, the following is representative of how most complaints are handled. If your complaint is a title violation, the Board acknowledges by letter (if you gave an address) and, if you do not send "evidence" such as an advertisement, business card or flyer, the Board contacts the counselor/therapist, explain the law and ask them to explain or cease and desist using the title. If a satisfactory explanation is given or corrective action taken, the file is closed. If, after review of evidence, it appears to be a blatant violation, a civil penalty (fine) may be proposed. You may be contacted or asked to testify at a hearing. Because of the confidentiality restrictions, you will receive only two notifications: a simple notice that the file has been closed if no disciplinary action is taken, or a copy of any proposed discipline and the outcome document, a final order of discipline, dismissal, or any informal settlement agreement. If your complaint involves competence or behavior, but the counselor/therapist is not licenses or an applicant for license, the Board will log it and open a file. You will receive a letter following Board review, informing you that the complaint file has been closed without further action. In some cases, the counselor/therapist will not even be notified because the Board has no jurisdiction to take action even if the investigation were to show misconduct, nor can we share any information obtained through investigation with you. The information is accessible by the Board, should further complaints arise or the person makes application for licensure at some time in the future. If your complaint involves the competence or behavior of a licensee or applicant.
At any point between the issuance of the first proposed order and the final order, the Board and licensee may choose to "settle" the case. For example, the Board may withdraw its proposed action, if the licensee admits guilt and takes a lesser punishment like reprimand; or may allow the licensee to maintain innocence, but take corrective action, like training, therapy, or undergoing prolonged supervision. This allows a compromise not provided in statute that may be a better solution than just taking the license, because the counselor can continue to practice without it. You will be sent a copy of this document. It will probably be the last communication you will receive from the Board as a result of your complaint. It’s not quick. The Board has limited resources and meets every other month, so investigations and review of reports may take two to four months. Investigations involving multiple a[legations and lots of witnesses may take even longer. Once a proposed order is issued, the Administrative Procedures Act guarantees due process to the accused--and sometimes scheduling a hearing can take several months. CAN I CHECK ON THE STATUS OF MY COMPLAINT? CAN YOU TELL ME WHAT YOU FOUND OUT? For the most part, the statute does not allow the Agency to distinguish between complainants and the general public. We may only disclose that which we have described above. To list them,
IN THE END, WHAT DO I GET OUT OF THIS? The Board can’t get your money back or reimburse you, or change what has happened, but you may get some satisfaction knowing that you may have prevented something like what happened to you from happening to someone else. Board of Professional Counselors and Therapists e-mail: lpc.lmft@state.or.us |