Having a complaint filed against your professional license can be one of the most terrifying experiences for a healthcare provider.
One day you’re okay. The next you get a letter from the licensing board and your whole career is threatened.
Here’s the truth:
Discipline isn’t arbitrary. There is a fairly standard process from beginning to end. When you know what the process is, it’s not so scary.
What you’ll uncover:
- Why Disciplinary Complaints Happen
- The 5 Stages Of The Disciplinary Process
- Possible Outcomes And Penalties
- What Every Professional Should Do From Day One
Why Disciplinary Complaints Happen
Every state has a licensing board that regulates healthcare workers. Their mission is simple: safeguard the public.
If someone complains about a licensed professional to the board…whether that someone is a patient, employer, colleague or random person on the street, the board has to investigate. That’s just how it works.
The most common reasons complaints get filed include:
- Medication errors or documentation mistakes
- Boundary issues with patients
- Substance abuse allegations
- Criminal charges (even unrelated to work)
- Scope of practice violations
- Fraud or billing issues
The best news? Less than 1% of nurses experience disciplinary action in any given year. But if you are that .01%, representation by a healthcare professional license attorney can make all the difference.
This is particularly true if you are in a state with aggressive boards. If you are facing action against your nursing license you will want to hire an Arkansas nursing license defense lawyer who is familiar with the Arkansas State Board of Nursing’s rules and expectations.
Because here’s what most people don’t realise…
The board is not on the professional’s side. They’re on the public’s side.
The 5 Stages Of The Disciplinary Process
Ok now for the meat of the process. Each state does things slightly different but these steps are pretty much the same everywhere.
Understanding each stage means knowing what’s coming next.
Stage 1: The Complaint Is Filed
The process begins here. A complaint is filed with the licensing board, usually via an electronic “fill in the blank” form.
Patients. Coworkers. Former employers. Competitors. Anyone can file a complaint. The board doesn’t have to verify anything. A simple allegation is enough.
The complaint typically includes:
- The professional’s name and license number
- A description of the alleged conduct
- Any supporting documents
- The complainant’s contact info
Some states permit anonymous complaints. Others don’t. Either way, the process gets rolling once it’s filed.
Stage 2: Initial Review
The board determines whether or not the complaint is something they have jurisdiction over. Complaints don’t always proceed any further.
An insensitive remark isn’t going to initiate a disciplinary hearing. But serious misconduct involving patient harm or drug diversion? Please pay extra close attention. Approximately 18,000 adverse actions were brought against nurses licenses in one year, so the board tends to swoop fast when there’s substance to the case.
If the complaint has merit, it gets escalated. If not, it’s dismissed and closed.
Stage 3: Investigation
Investigation. Now we’re getting somewhere. The investigator (usually a nurse or lawyer employed by the board) digs up dirt.
They will typically:
- Interview witnesses
- Review medical records
- Pull employment history
- Request a written response from the professional
Right about here is where many healthcare professionals commit grievous errors. They attempt to go it alone. They draft lengthy, heart-felt replies full of unnecessary admissions. They speak to investigators without counsel.
Don’t. Have a healthcare professional license attorney review anything before you write a response.
Stage 4: Hearing Or Settlement
Once the investigation is concluded, the board will determine what action, if any, they will take. There are two courses of action:
- Settlement – The board and the professional reach agreement on a defined outcome (probation, retraining, fine, etc.)
- Formal hearing – A full administrative hearing with witnesses, evidence and legal argument.
A formal hearing is similar to a trial. The professional is entitled to counsel, present evidence and cross-examine witnesses.
Most cases settle prior to a full blown hearing. When they don’t, there’s more on the line.
Stage 5: The Board’s Decision
Following the hearing (or settlement), the board will render a written decision. The decision will become part of the licensee’s permanent public record.
You can appeal the decision. Appeals are difficult to win, and are time sensitive.
Possible Outcomes And Penalties
Disciplinary cases do not always result in license suspension. There is a range of outcomes depending on the circumstances of the allegations.
Common outcomes include:
- Dismissal (case closed with no action)
- Private letter of concern
- Public reprimand
- Fines or financial penalties
- Mandatory continuing education
- Probation with monitoring
- License suspension
- License revocation
- Voluntary surrender of license
Factors such as the seriousness of the violation, disciplinary history of the professional, any demonstration of remediation and if patients were affected are considered.
Please note: Disciplinary actions become part of the National Practitioner Data Bank. This creates a traveling record that will move with the individual from state to state.
What Every Professional Should Do From Day One
When you receive a notice from the licensing board is when the next couple days really count. Everything you do (or don’t do) can make a difference.
Here’s what every healthcare professional should do the moment a complaint lands:
Step 1: Keep calm and do not reply. Step back and take a deep breath. There is a deadline for responding, but it isn’t “immediate.”
Step 2: Retain a healthcare professional license attorney. Not just any lawyer. One that practices defending licensed healthcare professionals before state boards.
Step 3: Document everything. Keep records, texts, emails, patient files (in accordance with HIPAA guidelines), etc. of anything that might be pertinent.
Step 4: Don’t say anything to the investigator you wouldn’t say in front of your counsel. Just because an investigator acts nice doesn’t mean he doesn’t have a job to do. And that job is to find ways to damage the professional.
Step 5: Be compliant quickly. You can get ahead of allegations involving substance abuse or training deficiencies by remedying them.
Final Thoughts
Going through professional licensing discipline can be daunting. It doesn’t have to be a catastrophe though.
In the majority of cases, you will not lose your license. Most people who take this seriously – and who get good legal advice early on – survive professionally.
To quickly recap:
- Complaints can come from anyone and start with a simple form
- The board reviews, investigates, and then either settles or holds a hearing
- Outcomes range from dismissal all the way to revocation
- Retaining an experienced healthcare professional license attorney early is the best step a professional can take
- Every board action gets reported to the National Practitioner Data Bank
The licensing board isn’t the bad guy. But they’re certainly not your friend either. They have one job. To protect the public. That’s why having the proper legal defense is crucial when your career is at stake.
We are not lawyers and this is in no way intended to be used as legal advice . We cannot be held responsible for your results. Always do your own research and seek professional legal help.
