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Filing a complaint || The complaint process || Disciplinary actions |
Filing
a Complaint
To file
a complaint against an addiction counselor, marriage
and family therapist, professional counselor, psychologist,
social worker, or unlicensed psychotherapist, download
and complete the Mental Health Licensing Section complaint
form.
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the latest free version directly from the Adobe web site or
convert a document to
text.
When a complaint against a licensed therapist or unlicensed therapist is received, these steps are followed:
One of four things will happen to the inquiry:
At any step, an inquiry may be dismissed if there is not sufficient proof that a violation has occurred. If the case goes forward, the Board/Director may seek an expert opinion from a consultant regarding the particular practice.
Where a violation has occurred, the Attorney General prepares the case for filing, after which there may be a settlement in which the therapist admits the violation and agrees to corrective action. The terms and conditions for her/his continued practice and rehabilitation are carefully set forth. The Board/Director must approve this step.
If settlement does not occur, the case goes to hearing before an administrative law judge. In this hearing, which is like a full-scale trial, the Attorney General must prove that the therapist violated the law. The decision of the administrative law judge can be reviewed, and approved or changed, by the Board/Director. The therapist may appeal any final Board/Director decision to the Colorado Court of Appeals.
If you are filing an anonymous complaint, do not submit your name or any identifying information. Otherwise, you will be acknowledged as the complainant and the complaint will not be considered anonymous.
Once a complaint has been filed, the licensed or unlicensed therapist has the authority to release any and all records related to the complaint and person filing the complaint in their response. By filing a complaint, you are consenting to the release of these records to the State Mental Health Boards or similar agency in another state for use in an investigation, criminal investigation, or regulatory or legal proceeding by any law enforcement or regulatory agency against the mental health care provider who is the subject of your complaint.
Medical
Records Information
HIPAA applies only to covered entities, which are defined in the
regulations to include only a health plan, health care clearing
house and health care provider who transmits certain covered transactions
electronically. 45 C.F.R. § 160.103. In contrast, state health
professional licensure agencies such as state mental health boards
were specifically included in the definition of a health oversight
agency under HIPAA in the preamble to the Regulations. 65 Fed. Reg.
82492 (Dec. 28, 2000). As health oversight agencies under HIPAA,
these boards are not covered entities and therefore not subject
to the requirements of HIPAA.
The Board staff is available to answer questions you may have. We are committed to making the complaint process as fair and understandable as possible. Under the Open Records Act, information submitted to the Board is open to public inspection when disciplinary action has been taken, with the exception of medical, psychological and sociological information, and individual test score data.
| Current Disciplinary Actions |
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| Obtaining Copies of Disciplinary Documents |
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Many disciplinary documents are available online via Registrations Online Documents (ROD). If the documents you need are not available on ROD, you may obtain copies from the Board by submitting a written request that includes your name, your address, and the licensee's name and license number (if known). Mail or fax your request to the address/fax number below, or send an e-mail to the Mental Health Section. Please allow 10 business days for your request to be processed. |
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1560 Broadway, Suite 1350, Denver, CO 80202 (303) 894-7800 - Phone (303) 894-7764 - Fax E-Mail