Learning that someone has filed a complaint with your licensing board can be alarming. How will the complaint affect your career and your ability to earn a living?
Licensing boards do not take complaints lightly, and neither should you. If you have received notice of an official investigation that may jeopardize your professional license, you need to speak with legal counsel. The consequences of inaction could be more severe than you realize. Connect with Joseph, Hollander & Craft.
Why You Cannot Ignore A Complaint Against Your License
People file complaints with licensing boards all the time, and some of them are frivolous. A dissatisfied patient or client can take revenge by opening a complaint. When you feel you have done nothing wrong, it is tempting to dismiss such matters and move forward. However, you need to address the complaint with the seriousness that it deserves. Failure to respond appropriately to the grievance could imperil your license.
Why? Many boards require that professionals respond to complaints and cooperate in investigations of the same. Failure to respond can be a violation that results in discipline even if the original complaint would not have resulted in any action against the professional’s license. In addition, the board will only be getting one side of the story if you do not respond; responses are often necessary to clarify the situation that led to a complaint.
Situations That Almost Always Require Counsel
A lawyer can help you respond to all sorts of complaints–including frivolous or minor issues. However, it is particularly important to work with counsel when facing:
- Allegations of patient or client harm, practicing under the influence, fraud, or criminal charges: All of these are serious because they call into question your moral standing, judgment, and ability to professionally execute your duties. Licensing boards exist to protect the public, so anything involving actual or potential harm will trigger investigation.
- Formal investigations or disciplinary hearings: Notice of a formal investigation or the commencement of disciplinary hearings means that the licensing board believes there is significant likelihood of misconduct. These steps should signal to you that anything up to and including license revocation is possible.
- Requests for interviews, written responses, or records: Licensing boards have a duty to investigate complaints and gather evidence concerning them. To that end, you may be asked to participate in an interview, provide a written statement, or turn over records and documents. Talk to one of our licensure defense lawyers about how to respond to these communications.
How a Licensure Defense Attorney From Joseph, Hollander & Craft Can Help
Our firm is committed to defending professionals and their licenses. When you retain Joseph, Hollander & Craft, we apply our extensive experience representing license holders in board actions. We can:
- Explain the board’s process, procedures, and priorities
- Draft persuasive written responses to official board inquiries and communications
- Prepare you for interviews with investigators
- Handle all communications, thereby reducing the risk of you making unintentionally self-incriminating statements
- Negotiate for favorable outcomes to investigations (e.g., diversion programs, dismissals, and consent agreements)
- Reduce the chances of reputational harm
Why DIY Responses Can Backfire
Many licensees assume they can handle licensing board complaints on their own. But it’s easy to make critical errors that could irreparably harm your license. These mistakes include:
- Admitting more than is necessary: The scope of licensing board inquiries is generally limited, but you may inadvertently open the door to more than you are being asked about.
- Using legally problematic language: Boards are counseled by attorneys, so the terminology you use could convey something other than what you intend. Replies that do not address the substance of the investigation only aggravate the licensing board’s concerns.
- Missing deadlines or procedural missteps: Board investigations are subject to deadlines and procedures, so failure to know these could worsen your position.
Contact Joseph, Hollander & Craft
If you have been contacted by your licensing board regarding a complaint or allegation of professional misconduct, contact Joseph, Hollander & Craft. We represent professionals throughout Kansas and Missouri from offices in Overland Park, Lawrence, Topeka, Wichita, and Kansas City.
