An investigation of one’s health care license in New Jersey usually begins with a formal notice or a sudden request for records. If this has recently happened to you, it can leave you feeling anxious about what it means for your career, but not without options. There are practical and proactive steps you can take right now to protect your reputation and livelihood.
What are the immediate actions you can take?
In New Jersey, the Division of Consumer Affairs oversees most professional boards. In most cases, a licensed professional will receive a formal notification or a “Demand for Statement Under Oath,” if a complaint against them moves toward an investigation. This document often requests a response to a specific incident or a request for records, and gives a deadline to respond.
All licensees have a duty to cooperate with the board. If you received this notification, it is advisable to:
- Check your insurance coverage: Review your professional liability insurance policy for legal defense coverage and notify your insurance carrier immediately.
- Comply with the duty to cooperate: You must respond, but how you respond matters. Gather relevant records such as patient files, appointment logs or treatment notes as they existed at the time of the incident.
- Consult with an attorney: Before submitting any written response or statement, talk to a lawyer experienced in defending health care workers facing licensing matters. They can help you draft your response to the complaint.
This can be a sensitive time, and it is crucial to avoid doing anything that can put your license at risk. Avoid contacting the person who filed the complaint or discussing the case on social media. When preparing your documents, do not add or alter any of the records related to the complaint. This can be grounds for disciplinary action.
Most importantly, avoid giving a statement to board investigators before you speak with a lawyer. These statements may be used against you if the board moves forward with a formal disciplinary hearing or administrative litigation.
Get the support you need
While every professional licensing case in New Jersey is unique, the investigative process is often slow and can take several months. Some cases may be dismissed after a preliminary review, but others can result in a formal hearing. It is helpful to secure the legal counsel you need early in the process. An attorney can help protect your rights during an investigation, as well as any procedures that may come after.