Board of Mental Health Practice Complaints

1. The Board receives a communication of alleged misconduct.
2. The Board may determine that a communication of alleged misconduct constitutes a complaint when, if true, the alleged misconduct could violate ethical codes, administrative rules or law. In the alternative, the Board may determine that a communication fails to state a cause of action.
3. If the Board determines that a communication of alleged misconduct constitutes a complaint, it commences an investigation and assigns the matter to the Board investigator. The Board investigator is a member of the Board who is responsible for overseeing the activities of the professional conduct investigators.
4. The Board sends the licensee a copy of the complaint and asks for a written response. Records are usually requested.
5. The Board investigator appoints a professional conduct investigator, who may contact the licensee, the person who made the complaint, and others knowledgeable about the matter. The investigator may examine records and documents that are reasonably necessary to present data so that the Board can make a determination of the allegations.
6. At the conclusion of any investigation, the professional conduct investigator reports to the Board. The report shall contain facts from which the Board may determine whether there is sufficient data to support a finding of professional misconduct.
7. The Board acts on the complaint. It may:
   1. Take no further action
   2. Issue a Letter of Concern
   3. Refer the matter to the Administrative Prosecutions Unit (APU) of the Attorney General's Office for proposed resolution subject to Board approval, or
   4. Issue a Notice of Hearing

The preceding is intended as informal guidance only. For detailed information regarding ethical rules, licensee misconduct, disciplinary proceedings and disciplinary sanctions, please consult Mhp 205, Mhp 206, Mhp 207, Mhp 208, Mhp 209, Mhp 210, and Mhp 500.