The integrity of many professions relies heavily on the supervision and management of professional licensing boards. These boards ensure that professionals provide effective and safe public services and maintain ethical standards. In addition to being able to grant professional licenses, a licensing board also has the authority to discipline licensees and enforce regulations.
If you find yourself under investigation by a professional licensing board, the experience can be scary and overwhelming. Fortunately, by working with an experienced federal healthcare litigation lawyer from Aaron L. Wiley Law, P.C., who understands the importance of promptly responding to an investigatory letter from the Board, licensees can considerably reduce or even avoid public scrutiny and discipline.
Stages of a Professional Licensing Board Investigation
Professional licensing board investigations are multifaceted. Understanding each stage is important so that proper risk analysis can be performed. The phase of the investigation during which a licensee is contacted has a direct impact on risk assessment, as the later phases focus primarily on the investigation’s target.
Multiple factors can trigger a licensing board investigation, including medical malpractice settlements, public legal issues, or patient complaints. Once the Board receives a complaint, regardless of its merits, they are duty-bound to investigate.
Gathering Facts
During an investigation, the Board accumulates relevant information, which usually includes eyewitness statements, medical records, and other pertinent documentation. In order to expedite the process, professionals need to provide correct details and cooperate with the investigation.
Statements and Interviews
Licensees under investigation may be instructed to provide interviews or statements to Board investigators. When doing so, they should be honest and give a clear statement regarding the event in question, since false or misleading information will only serve to make things worse and could ultimately lead to public discipline.
Board investigators have numerous strategies and tools at their disposal. They often use these to intimidate providers or lull them into a false sense of security. Providers approached by Board investigators should decline to speak until they retain the legal counsel of a federal healthcare litigation attorney, who should be present during questioning.
Best Practices for Responding to Patient Complaints and Licensing Board Investigations
When responding to a written response from the Board or communicating with investigators, many concerns need to be taken into consideration, such as:
Comprehensive and Prompt Responses
Once you receive a patient complaint, subpoena, or notice of investigation, a prompt response is vital. If your response can’t be drafted within the given timeframe, your federal healthcare litigation lawyer can seek an extension. To ensure a thorough and well-organized response is submitted, gather all relevant records and documents. Confer with your attorney to ensure you fully comply with any request or subpoena.
Always maintain a professional tone and never show hostility or aggression towards a complainant. Empathetic responses to patient complaints, no matter how unfounded they may be, are looked upon more favorably by the Board.
Consult with Experienced Legal Counsel
A skilled federal healthcare litigation attorney who has previous experience with licensing board investigations is invaluable. These knowledgeable lawyers can advise licensees throughout the investigative process, and even Board hearings, to ensure their best interests are protected.
A thorough knowledge of the legal system and working relationships with the Deputy Attorney Generals who prosecute these cases can go a long way toward preventing public discipline. Effective legal counsel not only ensures deadline compliance but also recommends proactive measures to prevent or resolve any issues.
Licensing Board Hearing Expectations
For a licensee, one of the most stressful interactions with a Board is appearing before a subcommittee to give sworn testimony in response to a Board investigation or patient complaint. Nevertheless, with a positive attitude and appropriate preparation, a Board hearing can be seen as a chance to have the case resolved in your favor, rather than a disciplinary threat.
Preparation Matters
Whether you have to appear before a subcommittee or the entire Board, meticulous preparation is indispensable. Always read all paperwork associated with the investigation, including any Board submissions, and perform mock hearings with your attorney, who will know what questions to anticipate in the hearing.
A Clear Legal Approach
At your hearing, the prosecuting Board members and Deputy Attorney General will ask loads of questions about your general practices and approach to patient care. Presenting a well-organized and straightforward narrative that acknowledges the concerns addressed in the investigation while maintaining a consistent case theory is important. If licensees give conflicting or evasive answers, the Board can find the licensee dishonest, which will incite some form of public reprimand.
Possible Outcomes
After arguments and evidence have been deliberated, the Board will reach one of many potential outcomes. Best-case scenarios are, of course, dismissal of your case, which means the hearing and preceding investigation will remain confidential.
Contrariwise, the Board may choose to impose public discipline via a Consent Order, which will publicly restrict, suspend, and/or revoke a professional’s license. Likewise, the Board can sanction, fine, or require a skills assessment, monitor, or additional education for a licensee.
Should the proposed Consent Order be disputed by the licensee, the Board will respond with an Administrative Complaint.
Speak With a Federal Healthcare Litigation Lawyer
For licensed professionals, facing a Board investigation is often a demanding experience. Knowing the phases of a Board investigation and using effective legal strategies enables licensees to approach the process with confidence. Although a licensing board investigation may sound intimidating, a friendly, professional demeanor and detailed preparation make a favorable outcome more likely.
To schedule a free legal consultation with a federal healthcare litigation attorney from Aaron L. Wiley Law, P.C., call us at (254) 566-3860 or reach out through the contact form on our website.