Oregon Administrative Rules › Chapter 833 - MENTAL HEALTH REGULATORY AGENCY, OREGON BOARD OF LICENSED PROFESSIONAL COUNSELORS AND THERAPISTS › Division 110 - COMPLIANCE › Section 833-110-0011 - Response to Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board will review and accept for consideration a complaint filed by any person,
			 group of persons, or the Board on its own action that is specific as to the
			 conduct upon which the complaint is based. A complaint will be rejected if it
			 does not allege a violation for which the Board has the grounds to impose
			 sanctions pursuant to ORS
			 675.745 or
			 675.825.
(2) A complaint that a licensee, registered
			 associate, temporary practitioner, or applicant is incompetent or has committed
			 an act or acts in violation of the law or rules adopted by the Board including
			 the Code of Ethics will be considered a complaint of professional misconduct. A
			 complaint that an unlicensed person has practiced or used a title in violation
			 of ORS 675.825 will be considered a
			 complaint of unlicensed practice.
(3) The Board will make forms available to
			 the public and encourage complainants to use the Board's investigation request
			 form. If a complaint is first made in verbal form, or does not contain
			 information substantially equivalent to the Board's form, then the Board's
			 representative may require the complainant to use the Board's form to initiate
			 an investigation. If the complainant is a client or former client of the
			 respondent, then the complainant should sign a release form allowing the Board
			 and its legal counsel access to records and other materials that are the
			 ethical and legal responsibility of the respondent. Refusal by a complainant to
			 comply with this requirement may result in dismissal of the
			 complaint.
(4) Upon receipt of a
			 valid complaint, a complaint file will be opened. A preliminary investigation
			 or review will be conducted to determine if additional investigation and the
			 assignment of additional investigators is necessary, or whether to file a
			 report with the Board recommending the complaint be dismissed without further
			 action. If additional investigation is deemed necessary, then the subject of
			 the complaint will be notified that he/she is under investigation and provided
			 with general information regarding the allegations being investigated.
			 Notification may request a written response.
(5) Failure to cooperate with Board
			 representatives during an investigation constitutes unprofessional conduct
			 which may subject a licensee, registered associate, temporary practitioner, or
			 applicant to disciplinary action.
(a)
			 Cooperation includes:
(A) Submitting client
			 records to the Board's representative, with or without a signed release by the
			 client, for a full investigation of the allegations;
(B) Sending a complete case file to the
			 Board's representative;
(C) Being
			 available for a personal interview with the Board's representative;
			 and
(D) Responding truthfully and
			 accurately to all questions presented by the Board's representative.