You may currently or soon be in the position of receiving correspondence from your licensing board. Before you panic, and certainly before you respond, there are a few steps you should take to protect your best interests. If you have questions concerning the status of your license or have been notified of disciplinary proceedings, it’s time to retain the skilled professional licensure defense counsel of Joseph, Hollander & Craft.
Key Takeaways
- Not all licensing board communications mean discipline is coming, but complaints, audits, criminal charges, or missed reporting obligations should always be taken seriously and reviewed carefully.
- You should avoid responding immediately without legal guidance because rushed statements can create self-incrimination risks, misrepresent facts, or harm your professional standing later.
- Preserving records and involving experienced licensure defense counsel early can significantly improve your position, especially if disciplinary proceedings, hearings, or appeals become necessary.
Why Licensing Boards Reach Out
Once you receive your license, you likely will want little or no contact from the board. That’s because much of what the board does is regulate the members of its profession. Although the board may reach out to you, not every communication is of equal importance. These are a few common reasons for licensing board correspondence:
- Administrative matters: These are fairly routine and may involve paperwork updates, new rules, payment of dues, and the like. Since all licensees are subject to these matters, they are not usually cause for concern.
- Mandatory reports: Professionals often have an ongoing duty to submit regular reports. These are often imposed annually, but they may be required more frequently depending on your profession. While mandatory reports are standard, a mistake or oversight could trigger a formal review.
- Audits or Inspections: Boards periodically conduct audits or inspections to ensure licensed members and entities are abiding by their professional duties. Licensees are often selected at random, but they should take the audit or inspection seriously and make sure they respond appropriately to the board.
- Complaints: A complaint indicates that someone (often a client, a patient, or a colleague), believes you have breached your professional duties. Notice of a complaint means the board takes the matter seriously enough to request a statement from you.
- Criminal charges and convictions: If you have pending criminal charges, even misdemeanors, you may hear from the licensing board. A conviction is also likely to cause the board to act. Criminal misconduct calls into question a licensee’s moral character, so you should deal with any board inquiry swiftly.
The manner in which the licensing board makes initial contact will vary. In some professions, a member of the board will send written correspondence such as an email or letter. But you may receive a phone call instead. It’s imperative that you keep your contact information updated in case the licensing board needs to reach you.
Step 1: Read the Communication Carefully
It can be jarring to receive a formal letter or other message from your licensing board. Your first response should be to read over the communication carefully. Keep the following points in mind as you do:
- Clarify the nature of the communication: The message should indicate whether it is a routing communication or particularized to you.
- Note any timelines and deadlines: Communications will often include important dates and will impose some sort of deadline to respond, so identify these right away.
- Understand the potential for serious allegations: The language may not fully communicate the seriousness of the underlying issue.
- Make a copy of the communication: If the communication is written, make a copy of it so you can add notes and highlight key information.
- Start documenting everything: After you have read the allegations or substantive claims in the communication, begin gathering all records you have that pertain to them.
Step 2: Start Planning, But Do Not Respond Immediately
Even if you believe you have done nothing wrong, resist the urge to defend yourself at this early stage. A quick response risks self-incrimination or misrepresentation. While you may be in the right, sending an immediate answer will risk self-incrimination on this or a related matter. You may inadvertently misrepresent your own position and leave out essential details which could absolve you of liability. Retain counsel and involve your malpractice insurer, as the circumstances dictate.
What Happens If I Ignore the Board’s Letter?
This is one of the costliest mistakes you can make. At a minimum, the board will likely commence disciplinary proceedings. Moreover, if the allegations involve criminal misconduct, the board may refer you to prosecution.
Will There Automatically Be a Hearing?
Not all board communications automatically prompt a hearing, but a hearing could allow you an opportunity to exonerate yourself. Licensees usually must expressly request an administrative hearing, and do so by a certain date. If you do not timely avail yourself of a hearing you may permanently forfeit the right to one.
Step 3: Call Joseph, Hollander & Craft
Your license, and therefore your professional and financial well-being, could be in jeopardy. Contact our law firm immediately. Joseph, Hollander & Craft has extensive experience representing healthcare providers, lawyers, judges, and other professionals in their dealings with licensing boards. Our firm is well-versed in both Kansas and Missouri laws, regulations, and proceedings that concern occupational licensure matters. We have built a reputation for excellence in this niche area of law.
For each client who retains our firm, we develop a customized strategy aimed at handling each step of the board’s investigation, from informal inquiries to full hearings. In the event you receive an adverse decision from your board, our firm can help you appeal it and take steps to protect and restore your license.
Step 4: Notify Key Entities
There are certain parties you should inform of the communication. Those entities include:
Your Malpractice or Professional Liability Carrier
- Healthcare practitioners and attorneys in particular should reach out to their malpractice or professional liability insurers. Your policy may require this as a condition of covering any damages and losses related to disciplinary actions.
- Many insurance carriers provide representation or coverage for licensing board matters. If you are uncertain whether you have such coverage, read your policy or contact the insurance company for details.
Your Employer (When Appropriate)
- There are both risks and benefits to contacting your employer. Your employment agreement may require disclosure, but it could open the door to additional ramifications. Speak with an attorney to determine when and whether you should report board matters to an employer.
- Confidentiality and timing are important. You need to ensure that you communicate with the correct person at your place of employment to maintain your confidentiality. Also, you should do so in a reasonable amount of time. Your attorney can assist with this.
Step 5: Begin Preserving Records
Documentation is key to answering board complaints and other communications:
- Create a chronology of relevant events and decisions: This will help you stay organized and tell a clear, compelling narrative of what happened.
- Make a list of individuals who have personal knowledge: Anyone who knows about the substantive facts and events referenced in the board’s communication should be on this list.
- Never assume a record is not important: You should err on the side of including more rather than fewer records when providing context for your attorney. Your lawyer can assess what will be required for your defense, and what can reasonably be set aside.
- Do not destroy evidence: You may come across a damaging document, and be tempted to delete or destroy it. Doing this will almost certainly cause more problems.
- Be upfront with your attorney: Let your lawyer know about anything and everything pertaining to the licensing board’s communication. This includes even the evidence which could be used against you. Your lawyer will know how best to handle it.
Step 6: Prepare for the Long-Term
Board communications may have lasting effects on your professional future. As a medical professional, for instance, board matters can impact your license, hospital privileges, and credentials.
Moreover, these communications can inflict significant stress. For that reason you should not neglect to seek available support resources and counseling if warranted. Many professions offer confidential hotlines and other forms of assistance, and you can take advantage of these while protecting your license.
Lastly, don’t be afraid to ask for help securing your professional future. We can help you implement a strategy to address concerns like these.
Can I resolve this without a hearing?
Hearings are often undesirable because they expose allegations of misconduct to the public. Even if the underlying claims turn out to be false, the complaint itself is often sufficient to harm the professional’s reputation. Fortunately, it may be possible to dispense with the complaint without the need for a hearing. The board may determine, for instance, that there is no evidence of misconduct and decide to close the matter. Retaining legal counsel early is the best step you can take if you wish to avoid a hearing.
Contact Joseph, Hollander & Craft
If you have been contacted by your licensing board for any reason, you should contact Joseph, Hollander & Craft. We represent professionals throughout Kansas and Missouri from offices in Overland Park, Lawrence, Topeka, Wichita, and Kansas City.
Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]
