Behavioral Sciences Regulatory Board
 



Disciplinary / Investigations FAQ's
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Learn the Disciplinary Procedure

If you have questions about complaints, or would to obtain a Report of Alleged Violation complaint form, contact our office at (785) 296-3240 

- 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.

 

Copyright © 2009 Behavioral Sciences Regulatory Board
700 S.W. Harrison St, Ste 420- Topeka, KS 66603-3929 phone: 785-296-3240 - fax: 785-296-3112
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