File an Ethical Complaint

A complaint may be filed by anyone who believes

1)  a person licensed by this Board has engaged in illegal or unethical activities related to professional responsibilities.

2)  there is evidence that a person, hereinafter referenced as Licensee or Respondent, if not licensed in a mental health discipline that allows the practice of marriage and family therapy in the State of North Carolina or uses the title "Licensed Marriage and Family Therapist (LMFT)" or "Licensed Marriage and Family Therapy Associate (LMFTA)," or in any way implies that the person is a licensed marriage and family therapist or licensed marriage and family therapy associate unless the person is licensed as such in the State of North Carolina.

3) there is evidence that a non-licensed person is practicing marriage and family therapy.

Under G.S. 90-270.46, the North Carolina Marriage and Family Therapy Licensure Board is charged with the responsibility to “. . . ensure that the public has a means of protecting itself from the practice of marriage and family therapy by unprofessional, unauthorized, and unqualified individuals, and (ii) protect the public from unprofessional, improper, unauthorized and unqualified use of certain titles by persons who practice marriage and family therapy.” 

To fulfill this responsibility, the Board investigates complaints filed against its licensees or unlicensed practitioners not otherwise authorized to practice marriage and family therapy. The following information describes the process of an investigation.

Complaints are received in the Board office on the Board's Complaint Form. The Board also has the authority to initiate an investigation sua sponte (i.e., on its own initiative without an outside complaint). This latter process is likely to occur when the complaint information is in the public domain (a newspaper article, internet posting or other public document or statement).

The Code of Ethics adopted and enforced by the Board covers a broad range of actions but does not enumerate every possible unethical act. This code is applicable to all MFT licensees.

The Board does not have the legal authority to withhold the identity of the complainant from the person against whom the complaint has been filed. The Board will withhold from public disclosure any client who has not consented. If the outcome results in a public finding, the Board can only withhold from public disclosure the identity of any client who has not consented to public disclosure of the marriage and family therapy services provided. Matters of the complaint, the response and information gathered in connection with the investigation of a complaint, however, are confidential and protected from public disclosure.

The basic criteria used to determine whether to investigate a complaint is whether the Board has authority under NC Statutes and the Code of Ethics with regard to the matter presented in the complaint. If it is determined that the Board has authority in the matter (the subject of the complaint is a marriage and family therapist licensed by the Board and/or the complaint relates to the practice of marriage and family therapy),  the complaint is scheduled for investigation.

Upon receipt of a complaint, if the allegations contain issues that are within the Board’s jurisdiction, an initial letter, along with a copy of the complaint in its entirety, is sent to the person against whom the complaint is filed, requesting a response to the allegation(s). A review of the complaint and response will determine if further investigation is needed, and an independent investigator may be assigned. The complaint, the response and additional investigation report (if applicable) are then referred to a review committee to evaluate for making a recommendation to the Board as to whether there is credible evidence to suggest a violation may have occurred or that a case should be closed. The Committee does not determine guilt or innocence; it simply reviews the complaint to determine whether the allegations, if supported by competent evidence, would warrant a case proceeding. 

All complaints must follow due process and are not immediately resolved.

The parties should not attempt to discuss the case with any member of the Board, either directly or in hypothetical terms. Improper communications with Board members could disqualify them from hearing the case.

The Board may under G.S. 90-270.60, and in accordance with Chapter 150B of the North Carolina General Statutes, deny, revoke, or suspend licensure, discipline, place on probation, limit practice, or require examination, remediation, or rehabilitation, or any combination of the disciplinary actions described.

In cases where there is credible evidence to suggest that a violation may have occurred, the Board may serve a notice of charges upon the individual against whom the complaint was made. The Board then may seek to issue a Consent Order or schedule a disciplinary hearing. Members of the Board who serve on the review committee do not serve on the hearing panel for disciplinary proceeding(s) for cases they have reviewed. In matters that proceed to a disciplinary hearing, witnesses may be called to come forward and provide testimony in support of the complaint. At the same time, the person under investigation, who may choose to be aided by their own attorney, may present their evidence and defense.

Following any disciplinary hearing, or when a person requests to waive his/her right to a hearing in favor of a Consent Order, the Board will issue a final order.

In a statement of charges, the allegations are clearly set forth, and the statutes and ethical standards which are alleged to have been violated are listed. The respondent is offered the opportunity for a hearing in the matter. If requested by the licensee or respondent, a hearing is scheduled at a later date. If a hearing is not requested, the Board may schedule and hold a hearing even if the licensee or respondent does not attend.