How Do I File A Complaint Against Another Counselor
If you are a counselor, filing a board complaint against another counselor is quite easy.
Using Georgia as an example, file your counseling board complaint through the Composite Board Of Professional Counselors, Social Workers and Marriage And Family Therapists online complaint form. Fill out the complaint form and it will be forwarded to the board’s professional practices committee for review. Don’t forget to attach evidence of the ethics violation. The process of filing an ethics complaint is identical to a how patient would file a board complaint against their counselor.
Should I Report a Peer To The Licensing Board.
Most likely you are visiting this page because you have an ethical dilemma. Most frequently, the dilemma is considering whether to report a peer but are reluctant.
Are You Required To Report A Suspected Ethics Violation.
No. There is nothing in Georgia law or board rules that mandates filing an ethics complaint against another therapist.
Therefore, it is not a violation of law or ethics if you choose to not file a complaint.
What Will Influence Your Decision To Report a Peer to Your Board.
An adverse relationship with another counselor is usually very unpleasant. Feeling an obligation to protect clients from a bad apple can be a heavy load to carry. The factors involved are numerous. These are the most important factors to consider:
Be Sure You Can Provide Evidence To The Board.
Again, filing a complaint against a peer is a serious matter. Most importantly, you must produce evidence.
Hearsay is hearsay. The only evidence is your word against theirs. Generally, 2nd hand knowledge is insufficient. Be prepared to provide a first-hand account of the behavior you believe is unethical.
Some of us are mediocre therapists or not very competent. Mediocrity exists in every profession not only psychotherapy. The question is are they inflicting harm on their patients.
You Will Be Part of The Complaints Process.
Even though you aren’t the licensee who is being investigated, you will likely be required to provide additional evidence to substantiate your claim of the licensee’s misconduct. The honus is upon you to prove the complaint is worthwhile for your board to pursue.
Even though you won’t need to answer for your conduct, you will become involved and could be contacted by the counseling board.
You Could Be The Subject Of A Counter Complaint.
However, you could be required to answer for ethical misconduct if the therapist files a counter complaint.
You may be required to defend an allegation of ethical misconduct that could be unrelated to the complaint you filed. For example, you file a complaint of boundary crossings and the other therapist files a counter complaint of a perceived dual relationship.
Monitoring The Profession Is Not A Neighborhood Watch.
“If you see something, say something” is generally not what boards want licensees’ roles to be in monitoring professional conduct. Most boards are burdened with not only complaints but licensing applications, rule making, and so on. The board does however expect you to be responsible for YOUR patients.
Boards Usually Can't Accept Anonymous Complaints.
You must make your identity known to the licensing board. One of the reasons boards do not accept anonymous complaints is if the accusing party is not known, there may be no one to testify should the complaint go to a court hearing.
The Severity Of The Ethics Violation
Ironically, a more serious complaint will require you to produce more concrete evidence. Even though the board ultimately performs the investigation, they need to have something to investigate. In the same way, law enforcement may choose to not investigate a crime if there is weak evidence.
Many Peer On Peer Complaints Are Closed
An abundance of peer/peer complaints are financially related, or employer/employee disputes, or other disagreements with peers.
Also ironic, is that the board closes many if not most of these complaints. An important point is that the disciplinary process is primarily patient-driven. So focus your responsibility on your own patients.
Understand What It Means To Be Under Board Investigation
Board investigations have the full force of law. The board has powerful resources for complaint investigations. It can call upon the Attorney General Office to exercise powers including the subpoena of treatment records. The board may call upon the licensing enforcement division to interview witnesses and conduct surveillance at the licensee’s office. Enforcement agents arrive unannounced and carry guns and badges. The board delegates to Secretary Of State staff other tasks to coordinate investigations.
Georgia’s psychology board has passed rules that now include guidance on filing frivolous complaints against peers based upon weak evidence.
One’s career can be ruined if information that is found to be false is disseminated.
If you receive a letter from the board to respond to an allegation of misconduct, most professional associations – if you are a member- require you to report it to them– even if the complaint is closed, ‘no violation’.
Weigh Out All Factors and Make Your Decision
Although you are not required, you may choose to file a board complaint against another counselor. It is important to thoughtfully consider all factors that impact your decision. Submit first hand evidence the board can use to investigate whether that counselor is harming their patients. If you are an APC or associate counselor, be sure you have a knowledgeable supervisor or other expert in the area of board complaints.
