Complaint Fact Sheet Questions

Why should I file a complaint with the Board?

If you feel that your psychologist* is unethical or unprofessional, you should file a complaint with the Board.

Can I file an anonymous complaint?

Yes. However, without knowing your name and how to reach you, the Board may be unable to investigate the complaint.

What will happen once I send the Board my complaint?

When the Board receives the complaint, it will be assigned a case number. If the complaint is not within the jurisdiction of the Board, it will be referred to the appropriate agency and you will be notified in writing.

If the complaint is within the Board's jurisdiction, an acknowledgment letter will be sent advising you that the Board has received your complaint and that it will be forwarded to an analyst for review. You will be requested to sign a written Release in order for the Board to obtain information about your treatment or evaluation.

When the response to the allegations and the requested records have been received, the analyst may send the file to an expert for review. The reviews are completed by psychologists practicing in the same specialty as the psychologist named in the complaint.

Once the review is complete, the analyst will either forward the case to a field investigator for further investigation or close the case. The analyst handling your complaint will notify you in writing of the final result once the process has been completed.

Why do I have to submit a Release?

The Authorization for Release of Client/Patient Record Information (Release) form is legally required for Board staff to obtain information from the psychologist about the treatment or evaluation you received. We are unable to investigate your complaint without a Release, and a psychologist cannot legally discuss your treatment without your written permission.

Why is the psychologist allowed to practice after I file a complaint?

Psychologists are entitled to due process before any action is taken against their license.

What happens during an investigation?

The investigator will interview the psychologist and may interview you and other relevant witnesses. The investigator will gather documents, such as treatment or evaluation records.

Is it possible to get an update on the status of my complaint?

Unfortunately, the Board cannot provide an update on the status of your complaint except to say that the investigation is still pending. Pending investigations are legally confidential.

Once my complaint is filed, what are the possible outcomes?

A complaint may be closed due to the Board having no jurisdiction, finding no violation of laws or regulations, or determining there is insufficient evidence for the Board to take action. If violations are found, the Board may issue a citation and fine or pursue disciplinary action.

Can I find out whether any complaints have been filed against a psychologist?

Complaints are confidential; however, public records, such as accusations and decisions, are available on the Department of Consumer Affairs License Search website at https://search.dca.ca.gov/.

How long can this process take?

Depending on the complexity of the complaint, it may take a matter of several months or years to review and/or resolve.

What is the definition of “clear and convincing evidence”?

In order to take disciplinary action against a licensee, the Board has the burden of demonstrating clear and convincing evidence of unprofessional conduct. This degree of proof is higher than the “preponderance of the evidence” standard that is used in civil cases (such as a lawsuit for monetary damages), and is lower than the “beyond a reasonable doubt” standard that is used in criminal cases (in which a person’s liberty is at stake). Courts have described clear and convincing evidence as evidence that is “so clear as to leave no substantial doubt” and “sufficiently strong to command the unhesitating assent of every reasonable mind.”

Presentation by Deputy Attorney General Gloria Castro on Clear and Convincing Evidence

Why can’t I know the name of the analyst handling the complaint?

Due to concerns for the safety of enforcement staff, their identities are not disclosed.

*For the purposes of this Fact Sheet, “psychologist” also includes psychological associates and registered psychologists.