- File a complaint
Q. Which professionals does the Board regulate?
A. The Behavioral Sciences Regulatory Board
licenses and regulates Licensed Psychologists
(LP),
Licensed Master's Level Psychologists (LMLP),
Licensed Clinical Psychotherapists (LCP), Licensed
Specialist Clinical Social Workers (LSCSW),
Licensed Master's Level Social Workers (LMSW), Licensed Bachelor Social
Workers (LBSW), Licensed Associate
Social Workers (Renewals only) (LASW), Licensed Marriage and
Family Therapists (LMFT),Licensed Clinical
Marriage and Family Therapists (LCMFT), Licensed
Professional Counselors (LPC),
and Licensed Clinical Professional Counselors
(LCPC). The Board also registers and regulates
Registered Alcohol and Other Drug Abuse Counselors
(RAODAC).
Q. Who should file a complaint?
A. Anyone who believes that a licensee,
registrant or applicant of the Board has or
is engaging in illegal or unethical activities,
which are related to his or her professional
responsibilities, should file a complaint with
the Board.
Q. How do I file a complaint?
A. All complaints must first be submitted
to the Board in writing. Therefore, the first
step to filing a complaint is obtaining and
completing the Report of Alleged Violation
form. You can obtain the RAV form by contacting the Board
office at (785) 296-3240, or you can download
the form from this site.
The Report of Alleged Violation form should
be filled out in complete detail. The RAV should
include the name, address and phone number of
the person filing the complaint, the name, address
and phone number of the professional against
whom the report is being filed, and the names,
addresses, and phone numbers of any witnesses.
Remember to include any documentation that may
support your allegations, however, send copies
only. Do not send the original documents.
When completing the Narrative section
of the Report of Alleged Violation, start from
the beginning and explain the incident(s) that
have led to you filing the complaint in story
form detail. It is helpful to answer the Who,
What, When, Where, Why and How questions when
your are completing this section.
Q. Does the Board need my confidential records
to investigate my complaint?
A. Sometimes. A Release of Information Authorization/Waiver
of Confidentiality form is included with the
RAV form and should be completed for each therapist,
mental health center, and/or for any other entity
such as an employer or hospital. This form authorizes
the professional to respond regarding the complaint,
which may involve sharing confidential information
about the complainant. The Authorization must
be signed and returned along with the RAV before
the Board can contact the licensee in regards
to the complaint. The Board is precluded from
contacting the licensee concerning the complaint
without the Release of Information Authorization.
Q. What happens after I send my complaint
to the Board?
A. When the Behavioral Sciences Regulatory
Board receives a completed Report of Alleged
Violation, the Complaint Review Committee, the
disciplinary counsel from the Attorney General's
office, the Executive Director, and the Investigator
reviews the complaint and an initial determination
is made as to whether to proceed with opening
the case for investigation. This determination
is based on: (1.) The complaint pertains to
one of the practices regulated by the Board
and (2.) the complaint alleges facts constituting
violations of the rules, regulations, and/or
Statutes governing the practice of the professional
on whom the report is being filed.
Upon receipt each complaint is assigned a case
number. After the initial determination
is made to proceed with the investigation the
licensee is notified of the allegations.
The investigation process consists of gathering
mental health records and other various documents,
interviewing the licensee and witnesses, and
writing narrative reports. Depending on the
seriousness and complexity of the allegations,
the investigation can be very time consuming
and could take several months to complete.
Q. Who is on the Complaint Review Committee?
A. The five member committee consists of
a psychologist board member, social work board
member, a board member who is either a marriage
and family therapist, or a professional counselor,
or a masters level psychologist or clinical
psychotherapist (these disciplines will alternate
a single membership slot) and two public board
members. The terms of the committee are
for two years. The remaining six board
members are available to serve on hearing panels
for any case that proceeds to an administrative
hearing. The Board's Executive Director,
Investigator, and disciplinary counsel fromthe
Attorney General's office serve on the committee
in an advisory capacity. For cases that
fall outside the expertise of the Committee,
consultants will be utilized to assist in assessing
a complaint.
Q. What happens after the investigation
is completed?
A. After the investigative process is complete,
the file is sent back to the Complaint Review
Committee for final review of the findings.
After reviewing the case, the Complaint Review
Committee can make several determinations. This
determination could include no apparent violations
and the case is closed, apparent violations
and proposes a Consent Agreement and Order,
or apparent violations and requests an adjudicative
hearing. The Committee can also recommend a
Cautionary Letter be issued or that the case
be forwarded to the County or District Attorney
of jurisdiction for prosecution.
See the Investigation Policy.
- Investigation
Policy
Q. What are some examples of prohibited acts?
A.
- Practicing without a license
- Failing to complete continuing education
requirements
- Acts of unprofessional conduct
- refusing to cooperate with a Board investigation
- practicing inhumane or discriminating
treatment toward any person
- revealing a confidence or secret of any
client
- making sexual advances toward or engaging
in physical intimacies with any client
- Making a false statement in connection with
any application
The Board has legal authority to revoke, suspend,
or limit licenses/registrations, require monitoring
or additional education, or impose other remedial
measures.
The Behavioral Sciences Regulatory Board does
not represent individuals, nor obtain compensation
on behalf of individuals. Each person is free
to seek legal representation if they believe
it necessary.
