Frequently Asked Questions (FAQ)

Yes. When a complaint is filed with a licensing board, the board will act on it in some way.  You will receive notice of the complaint usually within 1 to 2 months from the date it is filed, but it can sometimes take up to 5 months.

Upon receiving a complaint, some boards will begin a preliminary investigation, while others will start a full investigation.

Some boards refer cases for a pre-charge case resolution conference to resolve the complaint without the need for any formal investigation.

If a complaint involves possible substance use, abuse, or addiction, some boards will require the licensee to undergo an evaluation and in-person meeting to determine what to do.

Whenever you receive notice of a complaint, you should strongly consider hiring an attorney to provide legal advice and guidance. The board staff who process complaints collect evidence that can be used against you,  and they are not advocates for you or your license.

You should strongly consider getting a lawyer for your board case.

The board investigator's primary role is to obtain evidence to support the allegations made against you.  The investigator is not your advocate.

A board case can result in permanent disciplinary action against your license.  It can also result in a monetary penalty (i.e. a fine).

If you are not familiar with the specific statutes, regulations, and procedural rules involved in your case, then a lawyer can help.

Licensing boards investigate complaints filed with the board. A board investigator gathers documents, talks with various people who have knowledge of the facts, and produces an investigative report for the board to review.

The board then determines whether to pursue a case against the healthcare provider based on the evidence.  If the board decides to pursue a case, it turns the case over to an administrative prosecutor at the Office of the Attorney General.

Healthcare providers have the right to an evidentiary hearing if the board pursues the case.

It is important to have an attorney represent you at all phases of a board investigation and board case.  

Depending on the case, licensing boards can reprimand a license, place someone on probation, suspend a license, or revoke a license. Boards can also impose a monetary fine in addition to disciplinary action.

If a healthcare provider is alleged to be a danger to the public health, safety, or welfare, a licensing board can also impose an immediate, summary suspension of the licensing while the investigation is ongoing.

Yes.

An investigation itself does not affect the status of a license.

Until disciplinary action is imposed (if at all), a license remains in the same status that it was prior to the start of the investigation.

A healthcare provider should consult an attorney to obtain guidance on how to respond to a board investigation.

Hiring a lawyer does not make you look guilty. Boards encourage you to hire an attorney because an investigation might result in disciplinary action against your license.

A subpoena requires you to produce documents, or to give sworn testimony under oath to a board investigator.

Failure to comply with a subpoena can result in disciplinary action, a monetary penalty, or court enforcement of the subpoena.

No.  Healthcare providers should consult an attorney to help draft the written response.

A written response can, and will, be used against you even if it explains the truth about what happened.

A pre-charge case resolution conference is an informal, off-the-record conference to determine whether your case can be settled without the need for an evidentiary hearing.  The conference is non-prejudicial, meaning that what is said during the conference is confidential and cannot be used against you at an evidentiary hearing.

You generally do not have a legal obligation to tell your employer, or a proseptive employer, about a board investigation unless you have a contractual duty to do so, or it asks about board complaints or investigations on the job application.

Whether to tell your employer about your board case is a personal decision that only you can make. Some people decide to tell their employer, while others decide not to tell their employer.

The length of a case depends on how quickly the board processes it. Most board cases take at least 6 months to resolve from the time the healthcare provider was first notified about the complaint.  Some boards cases can take years to resolve.

The board is not legally obligated to resolve your case quickly, or within a specific timeframe. There is no right to a speedy resolution of a board complaint or case.

No.  The right to a speedy trial relates only to criminal cases, not board cases. Some board cases resolve in a few months, while others take years to resolve.

In almost all cases, information and documents must be disclosed to the board investigator, even if it is unfavorable to the case.

A licensee has a duty to cooperate with a board investigation. Failing to provide information and documents violates the Practice Act and regulations, and can lead to charges, sanctions, and/or monetary penalties.

Also, the 5th Amendment right to remain silent generally does not apply to board investigations.

Yes.

Every professional with a license has a duty to cooperate with a board investigation, as well as an obligation not to provide false or misleading information to a board investigator.

Also, the 5th Amendment "right to remain silent" does not ordinarily apply to board investigations. It has unique legal implications that an experienced license defense attorney can explain to you.

If the board decides to pursue a case against you, you will receive a charging document.

The charging document contains the factual allegations being made against you, as well as allegations that you breached the Practice Act and/or Code of Ethics (i.e. the regulations of your profession).

The charging document also contains the potential sanctions and/or monetary penalties that apply to your case.

You have the right to an evidentiary hearing to defend yourself against the charges.

A charging document is drafted by an administrative prosecutor assigned to the case by the Maryland Office of the Attorney General.

The charging document contains only the allegations necessary to prove the board's allegations against you, and it will not contain facts or arguments in support of your case.

In other words, it is not intended to tell your side of the story, but rather to justify all of the negative allegations against you. To tell your side of the story and fight the allegations, you can request a hearing on the charges.

Your charging document should specify the applicable sanctions and/or monetary penalties that apply to your particular case.

In most cases, the board can reprimand, place on probation, suspend, or revoke a license.  You might also be required to pay a monetary penalty instead of, or in addition to, a sanction.

Charges against your license are very serious and should not be taken lightly.

A professional license defense attorney can help defend you against the charges.

When a charging document is issued, it means the board is pursuing a case against your license, and a prosecutor from the Office of the Attorney General has been assigned to your case.  Unless you are familiar with licensing board laws and regulations, you should get a lawyer to help you.

The charging document should indicate whether a request for hearing must be submitted.

In most cases, a request for hearing must be submitted within 30 days of the date the charges were issued, or the right to a hearing is waived.

Some boards, however, schedule a case resolution conference to attempt to settle the case, and if no settlement is reached, schedule an evidentiary hearing.

You should consult an attorney immediately upon receiving a charging document. The attorney can review the charging document and help protect your rights.

A case resolution conference is an informal, off-the-record meeting to attempt to settle your board case.

Here are the people who usually attend a case resolution conference:

-A select group of board members;

-The board's attorney;

-The prosecutor;

-Administrative staff; and

-You and your attorney 

Nothing happens to your license at the conference, or on the day of the conference.

If a settlement agreement is reached at the case resolution conference, the terms and conditions of the settlement must be approved by the board, typed up and put into a Consent Order, and then signed by both the licensee and board.

That process can take anywhere from one week to several months.

A case resolution conference usually takes betweeen 10 minutes and 1 hour from start to finish.

No. You can either choose to accept a settlement offer, or reject it.

If you reject it, your case will proceed to an evidentiary hearing.

No. Witnesses are not allowed to attend a case resolution conference, and no exhibits are permitted. The conference is not a hearing and is non-evidentiary in nature, so no one can testify, and documents cannot be introduced.

If you want to present witnesses, testimony, or documents to defend your license, then you need to take your case to an evidentiary hearing.

It depends on the licensing board.

Some licensing boards require you to accept or reject the settlement offer at the case resolution conference.  Other boards give you a specific number of days after the CRC to accept or reject the offer.

An evidentiary hearing is an opportunity to defend yourself against the charges made by the board against you.

You can testify, call witnesses in your defense, cross-examine opposing witnesses, and introduce documents to support your case.

Following an evidentiary hearing, the licensing board will issue a final written decision based on the evidence introduced at the hearing.

You are strongly urged to have a lawyer represent you at the evidentiary hearing.

Evidentiary hearings are very complex legal proceedings.  If you are not familiar with the relevant statutes, regulations, and case law that relate to your case, then a professional license defense attorney can help.

Yes.

At the hearing, you have the right to testify yourself, and to call witnesses to testify in your defense.

How long an evidentiary hearing lasts depends on the complexity of the case.

Some hearings take approximately one hour, while others can take several days or even weeks.

A board must produce a written decision following an evidentiary hearing. The written decision explains the board's findings of fact, conclusions of law, and imposes any applicable sanctions and/or monetary penalties.

The written decision is usually issued several months after the hearing.

No decision is made at the hearing itself.

Yes. Final board decisions and orders can be appealed to the circuit court if a petition for judicial review is submitted within the statutorily established timeframe.

The appeal process in the court does not afford you another hearing unless the court remands the case back to the board for another hearing or proceeding.

An appeal also does not automatically delay or "stay" a board's decision or order.  An experienced attorney can help you ask the appellate court to put the decision or order on hold pending the appeal.