What to do if a client files a complaint against you

Last reviewed: August 2026 · Psychedelic law changes quickly — verify current status before relying on this page.

For licensed psilocybin facilitators in Oregon who want to understand how OPS complaint and investigation processes work, what procedural rights they have, and how to respond when a client alleges a rule violation.

The short answer

A client complaint to OPS is the most common way an OPS investigation begins. OPS has statutory authority to investigate, discipline, and revoke or suspend licenses issued under ORS 475A. It investigates complaints that allege violations of ORS 475A or OAR 333-333 — not civil negligence claims, billing disputes, or criminal conduct, which go elsewhere. If OPS finds a violation, consequences range from a warning or civil penalty up to license revocation. A facilitator who receives a complaint notice has procedural rights, including the right to respond before any final decision is made. The most important first step is to retain legal counsel before responding to OPS about anything.

How OPS receives and processes complaints

Complaints may come from clients, other licensees, service centers, or members of the public. OPS determines whether the alleged conduct falls within OAR 333-333 or ORS 475A and whether OPS has jurisdiction. If it does, OPS opens an investigation. Complaints that allege only criminal conduct are referred to law enforcement. Complaints about civil negligence, fee disputes, or conduct that falls entirely outside psilocybin services are outside OPS’s jurisdiction.

Under HB 2387 (effective January 1, 2026), complaint information and investigation records held by OPS are confidential and not subject to public records disclosure. Complaints may be made confidentially upon a complainant’s written request, and a licensee under investigation is protected from public disclosure except in limited circumstances — including when OPS shares information with one of the seven professional licensing boards identified in HB 2387 for dual-licensed facilitators.

What a facilitator should do immediately

Do not contact the client to discuss the complaint. Any communication with a complaining client after a complaint is filed can complicate the investigation and may be used against the facilitator in a subsequent proceeding.

Do not respond to OPS without legal counsel. OPS investigations can lead to license suspension or revocation, and anything said to OPS in the course of an investigation may be used in a subsequent hearing. Retaining an administrative law attorney with professional licensing experience in Oregon before making any formal response is the right move, not an overreaction.

Preserve all records related to the client. The facilitator’s obligation under OAR 333-333-4820 is that client records belong at the service center — confirm that all records for this client are complete and stored there, and do not alter or destroy anything.

Grounds for license action

ORS 475A.477 sets out the grounds on which OHA may revoke, suspend, or restrict a license. These include: making false statements on an application; being convicted of a crime substantially related to the duties of a licensed facilitator; violating ORS 475A or any rule adopted under it; and engaging in conduct that endangers the health or safety of clients or others. The statute frames most of these as discretionary — OHA “may” take action — rather than mandatory. The severity of the conduct and the risk to clients inform whether OPS pursues revocation, suspension, restriction, civil penalty, or a lesser remedy.

Civil penalties

ORS 475A.513 authorizes OHA to impose civil penalties for violations of ORS 475A.210 to 475A.722. Civil penalties can be assessed alongside or instead of license action, and represent a middle option for less severe violations that do not directly endanger clients.

The investigation process and the facilitator’s rights

Once OPS opens an investigation, it has authority to inspect licensed premises, subpoena records, and require financial disclosure. If the investigation produces findings that support a proposed adverse action, OPS issues a notice of proposed action. The licensee has an opportunity to respond before a final decision is made. Oregon’s administrative contested case procedures apply — a facilitator facing license revocation has the right to a hearing and the right to present evidence and argument before any final action is taken.

OPS compliance action and criminal prosecution can proceed simultaneously if both are implicated. They are separate processes with different evidentiary standards and separate consequences. A facilitator facing a criminal allegation should retain criminal defense counsel immediately and separately from any administrative law representation.

The duty to notify OHA of a conviction

ORS 475A.519 requires any licensee convicted of a crime to notify OHA. This duty is not limited to convictions OHA was previously unaware of — it attaches to any conviction and must be fulfilled regardless of whether the facilitator believes the conviction will affect their license. Failure to report a conviction is itself a basis for discipline.

Dual-licensed facilitators and board cross-reporting

For a facilitator who also holds a professional license from one of the seven boards identified in HB 2387, an OPS investigation can produce shared information with that board. The two investigations proceed under separate frameworks — an OPS finding does not automatically produce board discipline, and vice versa — but they are no longer siloed. A significant finding in one proceeding is likely to draw scrutiny in the other. A dual-licensed facilitator facing an OPS investigation may need separate counsel for each proceeding.

If OPS is not the right forum for the complaint

OPS only investigates violations of ORS 475A and OAR 333-333. A client who believes they were harmed and seeks financial compensation must bring a civil claim, not an OPS complaint. An OPS complaint and a civil lawsuit can proceed simultaneously — they are not mutually exclusive, and a client may file both. A facilitator who receives a civil demand letter or is served with a lawsuit should notify their professional liability insurer immediately and retain civil litigation counsel.

Criminal conduct — including sexual assault — is a matter for law enforcement, not OPS. OPS will refer criminal matters accordingly. A facilitator who has any reason to believe a complaint may include criminal allegations should have criminal defense counsel involved from the start.

Whistleblower protection for service center employees

ORS 475A.489 provides whistleblower protection for employees of licensees who report violations in good faith. A service center worker who files a complaint about a facilitator’s conduct cannot be retaliated against by the employer for doing so.

When public information may be enough

ORS 475A.477 (grounds for revocation and suspension), ORS 475A.513 (civil penalties), ORS 475A.519 (duty to notify of conviction), and ORS 475A.489 (whistleblower protection) are publicly available through the Oregon Legislative Assembly’s website. OPS publishes its complaint process and administrative rules at oregon.gov/psilocybin.

When you should speak with a lawyer

The moment you receive notice that a complaint has been filed against you or that you are under OPS investigation, retain an administrative law attorney with professional licensing experience before responding to OPS. If you hold a dual professional license and the investigation may implicate that board, you may need counsel who can handle both proceedings. If criminal conduct is alleged, retain criminal defense counsel immediately and separately.

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This article is for general informational purposes only and does not constitute legal advice. Laws and regulations governing psilocybin services change frequently. For advice about your specific situation, consult a licensed attorney.