The Licensing Board’s Investigation Process is a Formal Process & Could Result in Substantial Penalties

Posted in Licensing Defense,News

Investigation by the DCA or Board Enforcement Unit

If you receive a phone call or letter from a Department of Consumer Affairs (DCA) or Board investigator (Medical Board of California, California Board of Psychology, the California Board of Behavioral Sciences or the California Board of Registered Nursing) your professional license could be in jeopardy. The Board’s investigations and/or requests for an interview are not informal.  Do not be lulled into a false sense of lowered security. Licensing Board’s investigations are serious and important, and your unfettered participation could lead to additional discipline.

The Board Hires Experts and Experienced Officers to Conduct the Investigations

The licensed investigator is an officer, and it is his/her job is to establish a deviation from the Board’s Practice Act. The Department of Consumer Affairs (DCA) and the individual Board’s Enforcement Units employ law enforcement investigators and special investigators to conduct interviews and investigations. It is of the upmost importance to consult counsel before engaging in any conversation with the investigator. Your license, and your livelihood, may be on the line.

Additionally anything you say to the investigator can be used against you. Therefore it is of the upmost importance to distinguish between special investigators and sworn peace officers to determine if the investigator has arresting authority.

The Investigation and Interview is Your First Opportunity to Litigate your Matter – Do Not Forfeit this Chance to Resolve your Matter

The interview process with the Licensing Board is your first opportunity to demonstrate that discipline is not warranted in your matter. In preparation for a Board interview, our office first requests a comprehensive summary of the complaint alleged against the licensee. Next, our office communicates with the investigator to obtain the scope of the Board’s investigation. After we have learned the basis and scope of the Board’s investigation our office strategically works with our clients to prepare them for the investigation/interview; which may include, but is not limited to the following steps:

  1. Requesting an expert review of records
  2. Consulting with medical expert
  3. Obtaining a psychological evaluation
  4. Obtaining a forensic evaluation
  5. Requesting specific and tailored mitigation records
  6. Reviewing recent and relevant case law
  7. Requesting Court records pursuant to the Public Records Act
  8. Meeting with our clients to understand the underlying alleged conduct as well as related personal/professional factors
  9. Drafting a mitigation packet to submit to the DCA/Board investigator

Most importantly, our office assesses the information and documentation provided and analyzes if there could potentially be criminal repercussions. As a seasoned and experienced defense attorney, Ms. Nicole Irmer has extensive knowledge of the potential criminal consequences that may result from an alleged deviation from the Board’s Practice Act. If criminal consequences may result from your participation in the Board’s investigation, Ms. Irmer will discuss your constitutional protections and strategize ways to participate in the Board’s investigation while still enforcing your constitutional rights.

As a Result of Individually Tailored and Zealous Representation, Recently our Office has Successfully Helped Resolve the Following Disciplinary Actions:

The Medical Board of California

  1. Physician investigated for overprescribing Schedule II medications, following a patient overdose – matter closed without discipline.
  2. Psychiatrist investigated for over-prescribing and patient abandonment – matter closed without discipline.
  3. Physician investigated after criminal conviction – matter closed without discipline.

The Board of Registered Nursing

  1. Nurse arrested after allegation of domestic violence and alleged drug use – matter closed without discipline.
  2. Nurse Practitioner investigated for practicing outside the scope of his/her license, while employed at a medical spa – matter closed without discipline.
  3. Experienced Nurse accused of elder abuse within his/her practice – matter closed without discipline.
  4. RN investigated after allegation of domestic violence – matter closed without discipline.
  5. Advanced Practice Nurse accused of inappropriate relationship with colleague – matter closed without discipline.

The Board of Physical Therapy

  1. Experienced Physical Therapist investigated after allegation of failure to report elder abuse – matter closed without discipline.
  2. PTs investigated and convicted of misdemeanor sexual misconduct – matters closed with administrative citation.
  3. Experienced Physical Therapist investigated for alleged ethical violations – matter closed without discipline.

The Board of Accountancy

  1. Experienced CPA investigated for failure to disclose 5+ convictions when he/she gained licensure 15+ years prior – matter closed without discipline.
  2. CPA investigated for failure to disclose DUI conviction – matter closed without discipline.

Disciplinary Actions involving other healthcare and professional clients:

  1. Dentist investigated for inappropriate prescribing practices – matter closed without discipline.
  2. Physician Assistant investigated after an allegation of unprofessional conduct – matter closed without discipline.
  3. Vocational nurse investigated after an allegation of falsifying medical records – matter closed without discipline.
  4. Licensed Social Worker investigated following failure to report DUI conviction – matter closed with administrative citation.
  5. Chiropractor investigated after patient complaint of sexual misconduct – matter closed without discipline.
  6. Psychologist investigated for allegation of entering into a Dual Relationship – matter closed without discipline.

 

If you have been contacted by a Board or DCA Investigator, do not hesitate in contacting top licensing defense attorney, Nicole Irmer, at (619) 237-6130.

*The foregoing summary does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter*