Complaints must be submitted to the Council on an approved complaint form, which may be downloaded from the Forms and Publications webpage or by clicking on the link below. Alternatively, you may call or write and request the complaint form be mailed to you.
It is important to realize that by signing the complaint form, you are waiving confidentiality as it is necessary for the Enforcement Division to review your complaint.
NOTE: The Council may accept, but is not obligated to investigate, a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint.
Generally speaking, complaints must be filed within five years of the date of the termination of services to be considered timely. However, complaints alleging sexual misconduct may be filed within seven years after the date of termination of services or within five years of the patient/client turning 18, whichever is later.
Instructions for completing the complaint form
State in simple, narrative language why you believe a violation has occurred, and be sure to include all documents and materials you believe to be important to the investigation of your complaint.
The failure to respond to questions or requests for information from agency staff may result in the dismissal of the complaint.
NOTE: All documents and materials gathered by or submitted to the Council during the course of an investigation are confidential and will not be returned to the submitting party once the complaint is resolved. Moreover, investigation materials may be disclosed only to those individuals identified in Section 507.205(b) of the Occupations Code. Thus, complainants are encouraged to keep a copy of any materials submitted.
Special Requirements for Complaints Related to Court Ordered Evaluations
Complaints arising out of or related to a court ordered evaluation may not be filed prior to entry of judgment or final order by the trial court, or dismissal of the case, and must comply with 22 TAC 884.3. Complaints subject to 22 TAC 884.3 must include the following information or an explanation as to why the information is not available:
- A copy of the court order appointing the licensee to conduct the evaluation, or alternatively, a transcript or excerpt therefrom or written statement from an attorney-of-record in the case reflecting the licensee’s appointment;
- A copy of the licensee’s expert report, or a statement that no such report was produced or provided;
- A copy of any judgment, final order, or dismissal entered by the trial court; and
- A copy of any documents provided by the licensee describing the costs of services, the nature of the services provided, as well as any limitations associated with those services, or a statement that no such documents were provided.
A complaint subject to 22 TAC 884.3 will be dismissed unless the complainant can show:
- The respondent (the person against whom the complaint is filed) was disqualified or struck as an expert witness by the trial court;
- The respondent’s opinion or inferences (i.e. testimony or report) complained of were ruled inadmissible by the trial court;
- A written report by a qualified expert that explains the manner in which the respondent’s opinion or report failed to meet the requirements of the applicable law;
- A letter from an attorney reflecting an opinion as to the manner in which the respondent’s opinion or report failed to meet the requirements of the applicable law; or
- The agency would be likely to prevail at a hearing before SOAH based upon the information provided.
