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- How do I file a complaint?
Contact the office for help in filing a complaint.
By law, all complaints must be received in writing. When you call, you may ask any questions that will help you decide if you should file a complaint. If you decide to file a complaint, you will need to provide the following information:
- The name of the licensed therapist against whom you are complaining. The business address and phone number, if you have them.
- The name of the patient, if other than yourself, and your relationship to the patient.
- The name of any other therapist which have been consulted regarding the treatment complained of, and the addresses, if you have them.
- The dates of the treatment.
- All significant details about the complaint that describe the incident(s) in question. It is best to stick to the facts and details, but your impressions are important too.
- You may wish to attach copies of any documents you have which support your complaint. DO NOT SEND ORIGINALS, as you may need them later.
- You may also be asked to sign a "Release of Information" so the Governing Board may obtain all the necessary medical records and billing records.
State law requires that the records be kept confidential and the Governing Board is also required to honor that confidentiality. If you are concerned about the release of medical records, please call (603) 271-8389 to discuss your concerns.
In most cases, your complaint will be shared with the therapist in order to allow a full response to the allegations. If you are concerned about the therapist seeing your complaint, please call 271-8389 to discuss your concerns. If, after discussing your concerns, you do not wish the information to be shared, please make that wish clear on your complaint. You must understand, however, that such a request may seriously hinder the Board’s investigation into your complaint.
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- How long will the investigation take?
The length and nature of a Governing Board investigation varies with the nature of the complaint, but on average, investigations are completed within six months.
When the Board receives the complaint a letter is sent acknowledging
receipt. Unless additional information is needed during the
investigation, you will probably not receive any other correspondence
until the investigation is completed. If, after 3 or 4 months,
you wish to check on the status of the investigation, you
should feel free to call (603) 271-8389. At that time, we
will try to give you an approximate time frame for the investigation.
If additional information or the opinion of an outside specialist
in needed, the investigation will take an additional 3-4 months.
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- What type of complaints are handled by the board?
State law authorizes the Board to investigate and take disciplinary action against a therapist who engage in:
- Providing false information.
- Practicing while impaired by alcohol, drugs or physical or psychiatric illness.
- Displaying behavior which is incompatible with the basic knowledge and competence expected.
- Engaging in dishonest or unprofessional conduct.
- Being grossly or repeatedly negligent in rendering care.
- Failing to provide adequate safeguards.
- Dishonest advertising or making statements tending to deceive the public.
- Willfully violating the practice act or the administrative rules of the respective Governing Board.
- Being convicted of a felony in the US.
Complaints regarding high fees, rudeness or "poor bedside manner" do not ordinarily violate one of the above provisions unless they also involve dishonesty or exploitation or gross negligence on the part of the therapist.
If you have any question about whether your complaint can be handled by the Board, please feel free to call us.
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- What action can the governing board take?
The Governing Board can take action only if it determines that the licensee has violated the Practice Act as outlined above. After investigation, the Board may take one of the following actions:
- Deny the complaint by deciding not to begin immediate disciplinary action, but without resolving the merits of the complaint. A "no further action" letter is issued and the complaint is maintained in a confidential investigatory file for future use. The Governing Board will revisit the complaint if it receives additional information about the complaint or if new complaints are filed against the therapist.
- Issue a no further action letter and a separate non-disciplinary "letter of concern" which is confidential and warns the therapist against continuing some or all of the complained of actions.
- Approve a settlement agreement with the therapist (not the complainant) in which the therapist agrees to a disciplinary sanction. The complainant is given the opportunity to comment on the proposed settlement agreement before it is approved by the Board.
- Commence a disciplinary hearing. If the investigation reveals that the physician is not practicing in accordance with the Board’s minimum standards of competence and honesty, the Board will issue a notice of hearing which will begin a public hearing on the allegations. The complainant will be given an opportunity to participate in the hearing process.
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- What happens during an investigation?
All complaints are first reviewed by the Board to determine if the charges, as stated, are violations of the law that the Board can investigate.
After screening, complaints are referred to the either a Governing Board Member or to an investigator in the Administrative Prosecutions Unit at the Department of Justice.
The investigator typically obtains the medical records of the complaining patient and usually requests the therapists response to the complaint.
The investigator then evaluates the statements and the records, along with any additional information which has been gathered to determine whether there is evidence of misconduct. A report is prepared and presented to the respective Governing Board for a determination to either proceed or that there is no further action required. If further action is taken, it is in the form of a settlement agreement, or the beginning of a disciplinary hearing.
During this process, the complainant may not communicate with any member of the Governing Board, but may make inquiries and provide additional information.
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- Due Process
While investigating and prosecuting misconduct, the Governing Board is obligated to provide due process of law to the licensee. Among other things, the licensee is entitled to notice and an opportunity to present evidence in his or her own defense in a public hearing before any disciplinary sanction can be imposed.
Although investigations are kept confidential, once a disciplinary proceeding begins the documents and evidence become public. For these, and other reasons, disciplinary hearings take time and the Governing Board’s decision can be appealed.
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