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Web Admin | Posted in News on May 30, 2025
If you learn about a complaint against your healthcare license, you might be worried about the process and how it will affect your ability to work. For many healthcare professionals, the thought of the investigation becoming public is also a major concern. Having a public allegation of misconduct can be devastating, career-wise, even if the complaint is ultimately unfounded.
In California, complaints against medical professionals are not a matter of public record in the initial stages. They will only become public if a formal Accusation is filed. If the case is resolved before that stage, then it won’t become public. Our California healthcare license defense attorneys try to resolve complaints in a way that protects our clients’ interests and privacy whenever possible.
At the Law Office of Nicole Irmer, we represent doctors, dentists, nurses, therapists, and other healthcare professionals who are dealing with licensing issues. We offer skilled, compassionate representation with an eye towards getting a complaint closed or resolved without formal discipline if possible. Reach out to our law firm today to schedule a confidential consultation with a California professional license defense lawyer.
To understand when an investigation may become public, it is important to understand the steps involved in an investigation. Each licensing board, such as the Medical Board of California or the California Board of Registered Nursing, has its own rules and regulations. However, Board investigations all follow essentially the same process.
Typically, a healthcare license investigation starts with a complaint. This complaint may be made by a patient, a family member, a coworker, a supervisor, an insurance company, or any other member of the public. In some cases, an investigation is initiated through a referral from law enforcement when a healthcare worker is arrested and charged with a crime (like driving under the influence).
Once the Board receives a complaint, it will start the investigation process. At this point, an investigator may reach out to you to ask you to make a statement, come in for an interview, or provide paperwork. If you have been contacted by a Board investigator, you should always consult with a California healthcare license defense lawyer before signing any paperwork or giving a statement.
When the investigator has completed their initial investigation, the complaint file may be closed if it was not substantiated. Alternatively, the Board may decide to impose a lower level of discipline, such as a citation and fine. Getting an attorney involved early in the process may allow you to resolve the complaint more favorably before formal action is initiated.
If the complaint is substantiated, then the Board may forward the matter to the Attorney General to file a formal Accusation. This is essentially a written statement of charges against the licensee or registrant. It may still be possible to negotiate a stipulated settlement with the Board after an Accusation has been filed.
Otherwise, the case will proceed to a hearing before an Administrative Law Judge (ALJ) at the Office of Administrative Hearings (OAH). After hearing testimony and considering evidence, the ALJ will issue a decision on discipline. The Board will then review the decision and decide whether or not to adopt it.
In any disciplinary proceeding, the potential discipline may include anything from a public reprimand to probation to a license suspension to a full license revocation. Because the potential consequences of a healthcare license investigation are so severe, it is vital that you reach out to an experienced California professional license defense attorney as soon as possible if you are under investigation.
The initial stages of a disciplinary investigation will be confidential. The only people who will be aware of the investigation are the complainant, the licensee, and any Board employees assigned to the investigation. In these early stages, there will be no public release by the Board of any allegations or investigative documents.
If the complaint is unsubstantiated, then it will never become public. Again, this is why having a lawyer involved early in the process is so important. They can often present evidence and arguments that may result in the file being closed without any disciplinary action.
If the complaint is substantiated, then it will become public once an Accusation is filed against a licensee. If the Board imposes discipline, then the disciplinary order will also become public. Discipline may include a citation and fine, probation, suspension, or license revocation. Consent orders will also become a matter of public record.
When a disciplinary matter becomes public, it can seriously affect a healthcare professional’s career and personal life. This is particularly true in the age of the internet, when anyone can google a medical professional’s name and learn details about their lives. Even after the disciplinary matter has been resolved, it will still be possible to find information about the issue.
Any discipline will also be reported to the National Practitioner Data Bank (NPDB). This is a federal database that compiles information about healthcare professionals in the United States, including medical malpractice payments, federal and state licensure and certification actions, adverse professional society membership actions, and adverse clinical privileges actions. It can be accessed by hospitals, insurance companies, and government entities. A listing in the NPDB can make it much harder to find employment in the future.
Importantly, if you are charged with a crime that leads to disciplinary action, the charge itself and any resulting conviction will be public record. In California, arrests may be reported in the news or available through online databases. For this reason, even before any disciplinary action is initiated, the fact of an arrest, criminal charge, and/or conviction will likely be public.
It will also be reported to the appropriate licensing board. In some cases, law enforcement will refer the matter to the licensing board. In other cases, licensees are under an affirmative obligation to report charges and/or convictions.
Keep in mind that the rules regarding confidentiality only apply to what a licensing board may release and when it may be released. A complainant may publicize their own experience in a variety of ways, including their social media, reviews, or simply by talking about it with their family and friends.
Learning that you are under investigation by your licensing board can be stressful. In addition to potentially getting sanctioned, many people also worry about the matter becoming public knowledge. While it may not always be possible to avoid the public nature of disciplinary actions, there are steps that you can take to reduce the risk of a complaint becoming a matter of public record.
The first and most important thing that you should do is retain a California healthcare license defense attorney as early in the process as possible. They can intervene with the Board investigators at the earliest stages of the investigation. In many cases, they can provide evidence that refutes or mitigates the charges against you. This may result in the case being closed without moving forward with formal discipline.
Our law firm takes a two-pronged proactive approach to healthcare license defense. Initially, we will work to get the disciplinary investigation closed without further action whenever possible. At the same time, we will start preparing a defense to the allegations against you.
Depending on the facts of your case, we might:
It isn’t always possible to resolve a case without public discipline. We will work hard to help favorably resolve your case, to protect both your license and your reputation. We know that the thought of a complaint becoming public can be daunting, and we will do our best to help you avoid that consequence when possible.
If you are sanctioned by your licensing board and the disciplinary action becomes public, try to remember that it is not the end of the world. Many people do understand that even the most conscientious professionals can have an error in judgment or go through a difficult time. By focusing on things like continuing education and rehabilitation, you can move forward with your life after a disciplinary action.
In California, healthcare license disciplinary actions do not become a matter of public record until an Accusation has been filed and/or formal disciplinary action is imposed. While it isn’t always possible to avoid this reality, having a smart, compassionate California healthcare license defense attorney on your side can help you get a better outcome. We take a proactive approach to help our clients resolve their cases favorably, which may include getting a complaint closed without formal disciplinary action.
Based in San Diego, the Law Office of Nicole Irmer represents clients throughout California who are dealing with professional licensing issues. We have particular skill and experience handling healthcare license defense matters, including disciplinary actions before all medical and healthcare licensing boards in California. If you have been contacted by an investigator for your licensing board, please contact our office immediately at (619) 237-6130 to discuss your matter with an experienced healthcare licensing defense attorney to understand the process, the potential outcome, and the steps necessary to protect your interests.