For physicians, dentists, psychologists, nurses, and other healthcare professionals, few things are more alarming than receiving notice of an investigation by a state licensing board. Your license is your livelihood, and understanding the process is the first step toward protecting your career. At Frier Levitt, we regularly represent healthcare professionals before licensing boards in multiple states, including the Board of Medical Examiners, Board of Dental Examiners, Board of Psychological Examiners, and Board of Nursing. Although each board and state has its particularities, early professional intervention by experienced healthcare counsel is critical.
Common Types of Licensing Board Actions
- Order to Show Cause
An Order to Show Cause is a formal directive issued by a licensing board requiring a licensee to appear and explain why disciplinary action should not be taken against them. Specifically, the licensee must defend their license against a pending summary suspension before the board.
This type of order typically arises when the board has already gathered evidence suggesting a violation of professional standards, laws, or regulations. The licensee must present a defense or explanation, and failure to respond appropriately can result in an indefinite “temporary” suspension while the board investigates further and determines next steps. In extreme cases, an Order to Show Cause can lead to the immediate revocation of a provider’s license.
An Order to Show Cause signals that the board has moved beyond the investigative phase and is actively considering disciplinary measures, making immediate legal representation essential.
- Preliminary Evaluation Committee Hearing
A Preliminary Evaluation Committee Hearing, commonly referred to as a PEC Hearing, is often one of the earliest formal proceedings a licensee will face. Unlike an Order to Show Cause, which is typically heard before the full licensing board and may place a licensee’s license at immediate risk, the PEC is a subcommittee of the board tasked with reviewing complaints and investigative findings to determine whether sufficient grounds exist to proceed with formal charges.
During a PEC Hearing, the licensee will have the opportunity to present their side of the matter, respond to allegations, and provide mitigating information. The outcome of a PEC Hearing can range from dismissal of the complaint to a recommendation for formal disciplinary action. Because the PEC’s findings often shape the trajectory of the entire case, having knowledgeable counsel at this stage can significantly impact the ultimate resolution.
- Patient Complaints
Licensing boards routinely receive complaints from patients, family members of patients, competitors, former employers, and other sources alleging misconduct, negligence, or unprofessional behavior. When such a complaint is filed, the board initiates an inquiry to assess its validity. This process may involve requests for medical records, written responses from the licensee, statements from other parties involved, and/or responses to specific questions and document demands. While most patient complaints do not result in formal action, the inquiry phase is a critical juncture. How a licensee responds during this initial inquiry can determine whether the matter is closed, referred to a PEC Hearing, or escalated to more serious proceedings. Thoughtful, strategic responses prepared with the assistance of counsel can make all the difference.
Responding to Board Investigators: Protecting Your License and Avoiding Common Pitfalls
Many licensees first become aware of potential trouble when they are contacted by a board investigator. These investigators may reach out by phone, letter, or even in person, often presenting themselves as simply trying to gather facts or understand what happened. It is natural to want to cooperate and clear your name. However, it is essential to understand that board investigators are not looking for statements, but rather for admissions.
Investigators work on behalf of the board, and their job is to collect evidence that the board may use to pursue disciplinary action. They are trained to obtain statements, admissions, and documentation that can be used against you. Even well-meaning, honest responses can be taken out of context or construed in ways that support allegations of misconduct. Many licensees inadvertently harm their own cases by speaking too freely, volunteering information, or failing to appreciate the serious legal implications of an investigation.
For this reason, you should never volunteer any information to an investigator without first seeking the advice of qualified and experienced healthcare counsel. An attorney who understands the nuances of professional licensing matters can help you navigate the investigation strategically, protect your rights, and avoid common pitfalls that could jeopardize your license and your career.
How Frier Levitt Can Help
The attorneys at Frier Levitt have deep experience defending physicians, dentists, psychologists, and other healthcare professionals before state licensing boards. We understand the stakes, we know the process, and we are committed to protecting your professional future.
If you receive notice of a board inquiry, investigation, PEC Hearing, or Order to Show Cause, do not wait to reach out. Early intervention by skilled healthcare counsel can be the difference between preserving your license and facing career-ending consequences. Contact Frier Levitt today to discuss your situation and learn how we can help.
