What Happens If My Professional License Is Sanctioned?

Posted by donna@healthlawcenterplc.com in Mar, 2019

Administrative Hearing Once an investigation is completed, the licensure matter is reviewed by the Bureau of Professional Licensing to determine whether the health care professional’s actions or inactions violated Michigan’s public health code. The Bureau of Professional Licensing may take any number of actions such as: closing the file if the investigation did not show a violation of the public health code; issuing a formal administrative complaint; summarily suspend a health care professional’s license if the public’s health, safety, or welfare requires emergency action; or issue a cease and desist order requiring a health care professional to cease a particular conduct.

Except in the case where no administrative action is taken and the file is closed, the health care professional must respond to an administrative complaint, cease and desist order, or a summary suspension. If the health care professional does not respond within 30 days, he/she loses the right to object to the allegations and is deemed to agree with statements and allegations set forth in the administrative complaint, and the basis for the summary suspension or cease and desist order. While it can be emotional and shocking to discover that an administrative action has been issued, it is very important that the health care professional does not lose his/her rights by delaying or procrastinating in responding within the 30 day period.

When a health care professional receives an administrative complaint he/she is given the opportunity to request a compliance conference in which a representative of the Bureau of Professional Licensing, a member of the respective licensure board, the health care professional and his/her attorney. At the compliance conference, the health care professional is given the opportunity to show why the administrative complaint is inaccurate and/or his/her actions do not violate the public health code. The compliance conference is also the time to discuss a possible resolution. Even if a resolution is agreed to at the compliance conference, it is not finalized until the matter is approved by the full board’s disciplinary subcommittee.

If, at the compliance conference, there is no resolution or the health care professional disagrees with the resolution proposed, the health care professional has the right to a hearing before an administrative law judge. At the hearing, the Bureau of Professional Licensing and the health care professional have the ability to call witnesses, cross exam the other’s witnesses, introduce evidence, etc. The administrative law judge determines if there are grounds for disciplinary action after hearing and viewing testimony and evidence. At the conclusion of the hearing the administrative law judge prepares recommended findings of fact and conclusions of law which are transmitted to the appropriate board’s disciplinary subcommittee. The administrative law judge does not recommend or impose penalties.

Similarly, if the health care professional has a cease and desist order or summary suspension of his/her license, he/she also has the ability to answer the allegations and request a hearing to establish that there is no grounds for a cease and desist order or summary suspension. The same hearing process occurs in front of an administrative law judge, who will also write-up his/her findings and conclusions on the applicable law, and will submit it to the appropriate board’s disciplinary subcommittee.

If an administrative complaint, cease and desist order or summary suspension is not dismissed, a sanction(s) will be imposed against the health care professional. The range of sanctions may include:

Reprimand
One – Two year probation period with quarterly reports from a supervisor
Placement of limitation on license
Suspension of a license
Revocation of a license
Payment of restitution
Imposition of a fine

In addition to the aforementioned sanctions, if there is an issue of mental or physical impairment or substance abuse by the health care professional at any time during the administrative process, the Bureau of Professional Licensing, disciplinary subcommittee or an administrative law judge may require the health care professional complete an education program, training program, treatment program, and/or mental, physical, or professional competence examination.

After administrative disciplinary action becomes final, the Bureau of Professional Licensing publishes a list of disciplined health care professionals. The list of individuals is reported to the department of community health, the department of insurance and financial services, the state and federal agencies responsible for fiscal administration of federal health care programs, and the appropriate professional association. Once a year the department also transmits the list to the library of Michigan and each county clerk in the state. In addition the department of community health reports disciplinary actions to appropriate licensed health facilities and agencies.

It is important the all health care professionals know that if any sanction is imposed by a board’s disciplinary subcommittee, the sanction is posted on the Bureau of Professional Licensing’s website and is visible to any future employer who is considering employment. The sanction on the health care professional’s license is never removed. Because of this, it is important that health care professionals know and exercise their rights if faced with a licensure investigation or administrative action.