Becoming a licensed healthcare professional is a time-intensive investment that requires education, training, and rigorous testing. Although maintaining a professional license is a legal requirement, it is not an absolute right. Licensing is a privilege, and if a complaint is initiated against your license, you are also entitled to due process.
Every state’s licensing boards regulate healthcare professions, including physicians, nurses, dentists, pharmacists, and many other healthcare professionals. These boards operate to protect the public and ensure that practitioners meet specific standards of care and professional conduct. While each board may operate under slightly different rules depending on the state and the profession, they share one common purpose: protecting the public.
Receiving notice that a complaint has been initiated against your license can be overwhelming. It comes with the risk of a range of possible consequences, including a practice limiting public reprimand, possible suspension, or even revocation of your license. Despite the stakes, an allegation of wrongdoing does not mean you are guilty of violating your practice act. A strategic, well-reasoned defense can help protect your right to continued practice and minimize the likelihood of license-limiting sanctions.
The Role of Licensing Boards
Licensing boards are responsible for issuing and renewing licenses, as well as investigating complaints about professional misconduct, including allegations of substandard patient care, impaired substance use, or mental health-related concerns. Licensing boards operate under general rules and specific practice acts for each licensed profession. While these boards have the authority to initiate investigations, they are usually reactive in nature, meaning an investigation typically begins only after someone files a complaint.
Who Can File a Licensing Board Complaint?
A complaint can be filed by virtually anyone. Common sources include:
- Patients or clients
- Colleagues or coworkers
- Employers
- Other regulatory agencies, including a licensing board in another state, or
- Self-report, which may or may not be required by a governing practice act.
In some cases, an investigation may be initiated following a routine inspection or audit, even if no formal complaint was submitted.
The Investigative Process
Investigations can vary in scope and complexity. They can involve interviews, document reviews, and interim license restrictions. The process can take several months or even longer.
Responding to an Investigative Complaint
Facing a professional complaint is unsettling, and it is not generally a speedy process. Your response can directly impact the outcome. Here are some key points to consider:
1. Stay Calm and Objective. It’s natural to feel defensive or anxious, but it’s important to remain calm. Avoid responding emotionally or making assumptions about the motives behind the complaint.
2. Read the Notice Carefully. If you receive a formal notice, review it thoroughly. Understand what’s being alleged and what, if anything, the board is requesting from you.
3. Seek Legal Guidance. Consider consulting an attorney with experience handling professional licensing defense cases. These professionals understand the process and can help you craft an appropriate and effective response. They will also help guide you through the administrative process.
4. Do Not Talk About Your Case. Limit your conversations about your case to discussions with your attorney. Even if you know who filed the complaint, resist the urge to reach out. If you frequently interact professionally with the complainant, avoid any conduct that could be construed as retaliation. Consult your attorney for further guidance.
5. Secure and Organize Relevant Documents and Information. Gather and organize all relevant records, notes, emails, or other documentation related to the incident. Accurate, well-organized information can help clarify the situation. If additional documentation or records may be helpful to your case, consult your attorney to determine whether this information should be subpoenaed.
Common Sanctions
Governing practice acts generally set forth the range of possible consequences. Common sanctions range from dismissal to the revocation of your professional license. A professional license defense attorney will guide you through the process and help you determine how to proceed best, which may include a request to appear before your governing board to challenge the allegations against you.
Collateral Consequences
Professional consequences extend beyond any sanction issued by a licensing board and can follow you throughout your career. The disposition of an administrative matter may be reviewed internally by a medical executive committee or explored in conjunction with a credentialing or licensing request. It is important to consult an attorney for guidance concerning how to respond in these instances.
Final Thoughts
Receiving notice that a complaint has been initiated against your license does not mean that you have engaged in conduct that violates the governing practice act. Administrative and regulatory bodies are charged with investigating alleged violations of the governing practice act. The boards exist to protect the public. Understanding how the process works—and responding with care and professionalism—can make a significant difference in protecting your career and reputation.
Robyn W. Madden
Robyn W. Madden is an attorney with extensive experience defending healthcare professionals in licensing investigations and disciplinary actions. She is a trusted advocate for those facing license suspensions and other actions that threaten their right to practice. She practices in Columbia, South Carolina at Turner Padget, and may be reached at [email protected].
