Have you received a letter from a licensing body?

February 25, 2009
Legal Basics, Practice Management, Professions | no responses

If you receive a letter from a licensing body informing you that a complaint has been made against you, suppress the urge to panic.

In California, after a complaint has been received the licensing board will typically send a letter of inquiry to the licensee (the clinician) informing them of the complaint and asking for the clinician’s response.  The letter often includes language assuring the clinician that there is no investigation pending and that the board merely wants the clinician’s side of the story.  There may be a request for the clinical record, or merely a request for a responsive letter.

Here are some important things to remember:

  1. Despite the fact that the letter may state that you are not under investigation, you are being investigated.  Because of this, it is important that you respond in a professional and thoughtful manner.
  2. Before you respond, it is a very good idea to talk to an attorney who has experience working with licensing boards.  Usually your attorney can help you to draft a letter responding to the allegations.  Your attorney will also often draft a cover letter.
  3. Contact your malpractice carrier if you don’t know how to locate an attorney who can help you.  If your policy includes a rider for administrative (licensing board) complaints, they may be able to help.  If the letter you received is a letter of initial inquiry and not an actual accusation, this means that your policy’s coverage might not have kicked in yet.  Some policies don’t provide assistance until you have been formally accused (this depends on the policy).  If this is the case, you still should get help writing your response.  Your carrier can usually make a referral if you don’t know someone.
  4. Take the matter very seriously.

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