§ 43-47-08 — Complaints - Investigations

1. A person aggrieved by the actions of a counselor licensed under this chapter may file
a written complaint with the board citing the specific allegations of misconduct by the
counselor. The board shall notify the counselor of the complaint and require a written
response from the counselor. Neither the initial complaint nor the counselor's response
is public record. The counselor's response must be made available to the complainant.
2. A counselor who is the subject of an investigation by the board shall cooperate fully
with the investigation. Cooperation includes responding fully and promptly to any
reasonable question raised by or on behalf of the board relating to the subject of the
investigation, and providing copies of patient records when reasonably requested by
the board and accompanied by the appropriate release.
3. In order to pursue the investigation, the board may subpoena and examine witnesses
and records, including patient records, and copy, photograph, or take samples. It may
require the counselor to give statements under oath, submit to a physical or
psychological examination, or both, by a physician or physicians or other qualified
evaluation professionals selected by the board if it appears to be in the best interest of
the public that this evaluation be secured. A written request from the board constitutes
authorization to release information. Patient records that are released to the board are
not public records.
4. After review of the complaint, the counselor's response, and information obtained in
the investigation, the board shall determine if there is a reasonable basis to believe
that the allegations are true and that the allegations constitute a violation of this
chapter or the rules of the board. If the board determines that there is a reasonable
basis to believe that the allegations are true and that the allegations constitute a
violation of this chapter or the rules of the board, the board shall take appropriate
action. If a reasonable basis is not found by the board, the board shall so notify the
complaining party and the counselor in writing.
5. Unless there is a patient release on file allowing the release of information at the public
hearing, patient records acquired by the board in its investigation are confidential and
closed to the public. All portions of board meetings wherein patient testimony or
records are taken or reviewed are confidential and closed to the public. If no patient
testimony or records are taken or reviewed, the remainder of the meeting is an open
meeting unless a specific exemption is otherwise applicable.