When people think about filing a complaint against a therapist, or when they actually do it, they may envision any number of things happening as a result.
But there are certain aspects of the complaint process that most clients never think about. There are aspects of the process that most clients probably don’t even know about – which is a shame, because the number of frivolous complaints might decrease if clients understood what the process really entailed.
Filing an ethical complaint against a therapist is similar to having a rape kit done at a hospital. It is intrusive, it is violating, and it’s a miserable experience for the clients who undergo it.
I think people must not understand this as thoroughly as they should, considering some of the patently ridiculous complaints I’ve heard reviewed by the Board. And yet, each of those complaints, however ridiculous, was some clinician’s headache and hassle, and each one left a negative impression about a diagnostic population on a room full of people who might now think twice about taking on a client with that diagnosis.
So, in the spirit of helping to protect our therapeutic resources from the clients who abuse them and thereby cost us all, this week I’m discussing a few of the things that people should know about the ethical complaint process before they choose to file a complaint against a therapist.
1. HIPAA doesn’t apply.
For those who aren’t familiar with it, HIPAA is the Health Insurance Portability and Accountability Act, a broad-based piece of legislation which was passed in 1996 as part of the regulatory effort to catch up to the modern era of medical record-keeping. The overarching goal of this act is to protect the privacy and confidentiality of each individual’s personal medical information.
If you ask ahead of time, the Board tends to be very reassuring about the confidentiality of the information you give them. They might tell you that your name will be whited out of the complaint so that even the therapist about whom you’re complaining won’t be able to see it, or that nobody will have access to any of the personal information you provide to them.
Presumably there are people who actually rely on this promise of confidentiality when they file a complaint against a therapist – but unfortunately for those people, the promise just isn’t true.
Oh sure, your name might be whited out of the actual complaint – but it will be left visible on the Waiver of Confidentiality form that is a required part of the complaint submission.
And since it’s on that form, and since that form circulates everywhere along with the actual complaint, confidentiality becomes a moot point. Everyone who sees the complaint will also see the form that has your name on it.
So the suggestion that your complaint will have any degree of anonymity or confidentiality, while technically true, is still completely false in any practical sense.
And there’s nothing you can do about this, because the form is a waiver of confidentiality, meaning that you’ve voluntarily given up your right to confidentiality in all respects affecting the investigation and pursuit of your complaint.
Between the people affiliated with the state services and the people associated with the clinician’s defense and insurance, your complaint will cross the desks of literally dozens of people during the course of the investigation. And none of those people are prohibited from talking about what they see.
I mean, imagine that someone you went to high school with happens to work for the insurance company that provides malpractice insurance to the clinician about whom you’re complaining.. Imagine that person recognizes your name when your complaint crosses their desk. There is nothing constraining them from going home and calling your entire high school class to tell them all the gory details. They have no obligation to keep your information confidential; in fact, you no longer have any confidentiality with regard to your complaint, because you’ve already waived your confidentiality, and…
2. Once you waive it, you can’t get it back.
Does anyone really think about what they’re giving up before they sign the Waiver of Confidentiality?
The Waiver is a required part of the complaint package a client sends to the Board. The Waiver gives permission for the Board to speak to the clinician about the issues mentioned in the complaint. It also allows the clinician to defend themselves against the complaint.
This much is fairly obvious, but I still suspect that most people must not really understand what they’re giving away when they sign this Waiver, or fewer of them would be willing to sacrifice their right to confidentiality for the momentary satisfaction of filing a complaint that is unlikely to accomplish anything beyond wasting everyone’s time.
In addition to the possibilities mentioned above, here is something of which every client should be aware before they submit a complaint:
A clinician is permitted to use anything and everything the complaining client has ever said or done as part of their defense.
Think about it…
That means everything you ever told that clinician, every shameful secret, every embarrassing revelation, every humiliating confession, every moment of suboptimal behavior – all the things you thought nobody else would ever know.
By signing and submitting the required Waiver of Confidentiality with your complaint, you are voluntarily giving permission for the clinician to reveal absolutely everything about you in a public setting.
Not only can all these things be revealed, but the clinician can offer their therapeutic interpretation about this information as well – and those interpretations will be presented to the review board in a very different manner than they would have been presented to you within the context of the therapeutic relationship.
This is because it is no longer about helping you to understand your own behavior or trying to benefit you in any way, and nobody cares at this point whether you like what you hear or not. Once you file a complaint and sign the required Waiver, the clinician is free to use any and all of the information they have about you without regard for your therapeutic benefit.
And therapists have a gold mine of secrets about their clients, collected just by spending time with them. Every single therapist has this kind of information about every single client. But we never really think about them using that information in this kind of context, even when we create the context by filing the complaint. The more paranoid among us might have all sorts of unrealistic fantasies about all the ways in which a therapist might hurt them with the information they reveal, but in terms of real world events that are actually likely to happen, nobody really seems to believe that a therapist would ever use what they know against us.
Most of the time, we’re absolutely right in thinking that. Most of the time, therapists protect our confidentiality no matter what we do to them.
But the complaint review process is an exception to this rule. If we put them in the position where it is necessary for them to defend themselves against us, a clinician can and will use every piece of information they have at their disposal, without regard for how we’re going to feel about it.
It is one of the most shamefully violating experiences a therapy client can have, even with an entire history of abuse taken into account.
But anyone who ends up as the subject of such a humiliating exposé has nobody to blame but themselves. Nobody forced them to expose themselves, or exposed them without their knowledge or consent. They chose to file the complaint that put a therapist in the position of needing to defend themselves, and they chose to waive their confidentiality voluntarily.
If they regret it later… well, that’s what they get for doing something so stupid in the first place.
Waiving confidentiality would be a tremendously stupid thing to do, even if the only people present for this airing of a client’s most private and personal information were the clinician and the Board. But…
3. Ethical review sessions are open to the public.
Yes, public. Anyone who wishes to attend these sessions of the Board is allowed to do so.
So if you imagine that your complaint will be reviewed by the Board in some private, sequestered room where there is nobody but your clinician and the Board members present to witness your mortification, you could not possibly be more wrong.
Complaints are heard before all the clinicians whose cases are scheduled to be heard that day, and all their lawyers, and all the people they bring along to provide evidence, and all the people they bring along for support, and whatever audience is in attendance – and I’ve seen the spectators range from as few as three or four people to as many as thirty.
In short, filing an ethical complaint puts you and your issues on display in a very public way.
Your complaint, and the clinician’s response to your complaint (that is, their written response detailing their interpretation of your problems which led you to file a complaint against them), will be seen by the seated members of the Board, the Board’s investigators, the people at the clinician’s malpractice insurance provider, the people at the clinician’s lawyer’s office, and the administrative support staffs of all those various organizations and offices.
The discussion of your complaint and the clinician’s interpretation of your problems can and will be heard, at the very least, by the Board members, the Board investigators, the other clinicians in attendance, the lawyers, the support people, and the spectators.
All of these people will hear your name, and all of them will learn about your problems – and for the complainants who actually show up at the hearings, they will also see your face and know exactly who you are in connection with the complaint being presented.
And there is nothing to prevent any of these people from discussing you and your problems with anyone else in the world if they so choose. None of them have any ethical obligation to you at all.
There are some people with legitimate complaints against therapists, and those people endure the complaint process for much the same reason that a legitimate rape victim will endure the process of having evidence gathered in a rape kit – because they actually have a reason to tolerate it, terrible as it is.
And there are some hardy souls who think any kind of attention is good, even when it makes them look bad – those people will probably continue to file their frivolous complaints no matter what the consequences are to them.
But for the rest of us, who are human enough to feel angry or hurt but sensible enough to put limits on how far we’ll go to get back at someone who has evoked those feelings, this is just some information to encourage better and more informed choices – or possibly to encourage someone think twice before engaging in the complaint process.
Too many people are willing to file complaints against therapists without legitimate reason because they don’t realize what they’re getting into. Filing an ethical complaint might look like a good way to punish a therapist for doing something you didn’t like, but the only person who will end up feeling punished by a frivolous complaint is the person who filed it in the first place.
Before anyone writes off the previous post as indicative of my own failure to understand how programming can affect our quest for healing — how there is programming designed to interfere with therapy and the therapeutic relationship specifically, and other programming designed to interfere with talking, recalling memories, getting to know other alters, and just keeping ourselves internally functional, among many other things — let me say that all of those programs do exist in this system. So yeah, I get that. I understand that all these things can fall on us like a ton of rocks and appear to block our therapeutic path completely.
However, it takes a lot of work and willingness on our parts to break the programming controls. Strong and consistent internal communication and cooperation between as many alters as possible is an absolute requirement. It also takes a lot of stepping back from the thoughts and feelings that are so familiar, looking at them with some perspective instead of swimming around in the midst of them, and deciding consciously whether or not they represent a truth we want to believe. It takes the grace to accept when we are wrong, the strength to admit it, and the courage to act against what we have been taught all our lives — over and over again. It takes the ability to relearn in the current day what was mistaught to us in our pasts. It takes humility and persistence and the ability to tolerate failure without giving up. It takes self-control, and it takes a willingness to tolerate some extreme feelings and acute urges without acting on any of them, or with a crisis plan which we will actually use if necessary. And nobody will be able to hold our hand through all of this — so we need to have the determination to stick to the plan even on our own.
And they are supported in that intention (or lack thereof) by the vast majority of mental health professionals, hospitals, and networks. Most professionals absolutely refuse to touch the deepest mind control programming, and they steer their patients away from addressing it as well. They are complicit with the patients in believing that a little improvement in current day functioning is enough.
Although therapy can help the front worlds function somewhat better, there are still entire sections of people’s internal systems that are being left untouched and unhealed, except insofar as they are being “controlled” to prevent them from causing trouble — and this tiny ray of light in the pitch blackness is what most survivors and nearly all mental health professional consider “healing.”
If someone is already feeling overwhelmed dealing with their own marriage, job, children, or life in general — if sometimes the chores and errands don’t get done, the bills don’t get paid, the kids aren’t attended to as well as we might wish, or the crises and emergencies and troubles are just piling up faster than we can handle them (and anyone who says they don’t have those periods of time would be lying, it has nothing to do with being DID, it’s just how life goes sometimes) — then where would a roster of needy clients fit in to all that?