Board Regulatory Processes, Complaints, and Compliance
How complaints proceed
Any person may file a complaint with the Board of Licensed Professional Counselors and Therapists. Board staff screen and investigate, may request records and interviews, and may dismiss or pursue the matter. Outcomes can include dismissal, a letter of concern or reprimand, a consent order, probation, suspension, revocation, a civil penalty, required continuing education, or supervised practice. Contested cases follow the Administrative Procedure Act: notice, hearing before an administrative law judge, proposed order, board final order, and appeal to the Oregon Court of Appeals. The licensee has notice and hearing rights, but also a duty to cooperate.
Compliance duties
- Respond to board correspondence by the stated deadline.
- Keep client records secure and retain them under board rule and applicable law.
- Report events the board requires, such as certain convictions or disciplinary actions, within the required timeline.
- Renew on time, complete continuing education, and use the license title and status accurately.
- Cooperate with investigations and do not alter records after a complaint is filed.
Worked example
A complaint alleges a boundary violation. The counselor should preserve records, notify an attorney or insurer as appropriate, respond truthfully by the deadline, and avoid contacting the complainant to discourage the complaint. The board may offer an informal disposition. Accepting a consent order is a negotiated decision that can include sanctions and monitoring; it should be evaluated with counsel.
Traps that cost marks
Ignoring board mail; assuming a client’s withdrawal automatically ends the complaint; destroying or altering records after notice; contacting the complainant improperly; practicing during a suspension; and missing appeal deadlines.