LAW OFFICE, P.C.
DORA Defense
Defending Mental Health Professionals Against Board Complaints or Grievances
When facing a board complaint or grievance, you need experienced legal representation to protect your professional standing. Whether the complaint stems from work with a high-risk client or allegations from colleagues, Shufflebarger Law Office PC provides skilled defense against these serious accusations. Grievances typically begin when complaints are filed with the Department of Regulatory Agencies (DORA), which evaluates whether the complaint was submitted in good faith before determining whether to dismiss or approve it for further action.
Understanding the DORA Complaint Process: A Guide for Mental Health Professionals
When a complaint is filed against you with the Department of Regulatory Agencies (DORA), understanding the process can help you navigate this challenging situation. Complaints may arise from various sources, from clients, colleagues, to other parties. Complaints typically involve allegations of professional misconduct or ethical violations. Once DORA receives a complaint, they conduct an initial evaluation to determine if it was filed in good faith and merits investigation.
Initial Review and Determination DORA will review the complaint and make one of two determinations: dismiss the complaint or approve it for formal proceedings. If dismissed, you may receive a Confidential Letter of Concern, and you have the legal right to access redacted complaint information. If approved, this means the board believes there may be merit to the allegations, triggering formal disciplinary proceedings.
Potential Consequences Approved complaints can result in escalating disciplinary actions depending on the severity of the alleged violation. These range from letters of admonition and mandatory continuing education to more serious consequences like probation, substantial fines, license suspension, or complete license revocation. In cases involving potential criminal conduct, the matter may be referred to the Office of Investigation.
The Importance of Legal Representation Mental health professionals facing DORA complaints need specialized legal counsel who understands both the regulatory landscape and the ethical standards governing your profession. At Shufflebarger Law Office PC, we provide comprehensive defense throughout the entire DORA process, protecting both your professional reputation and your ability to continue serving your community.
Statute of Limitations for Complaints Against Mental Health Professionals
Colorado implements several statutes regarding complaints brought against mental health professionals. If you have a complaint filed against you, or if you have some other legal matter related to your mental health work, it is important to know of your rights and how the law treats you.
One important law to note is that complaints against mental health professionals must be filed within 7 years. This pertains primarily to complaints of maintenance-of-record violations. Under Colorado law, mental health professionals must notify former clients that their records may not be retained after the 7-year period. If a client seeks to file such a complaint after 7 years (from the date of the alleged act), the court will be unlikely to hear the complaint at all.
Mental health law represents a specialized legal field that requires both deep understanding of professional ethics and extensive litigation experience. At Shufflebarger Law Office PC, we recognize the vital role you play in your community, and just as you guide clients through their most challenging moments, we're committed to protecting your career and reputation during difficult legal proceedings. Trust our proven expertise in this niche area of law to provide the comprehensive defense you deserve when your professional future is at stake.
