Physician assistants (PAs) play an important role in providing healthcare. Their work often relieves pressure on doctors and hospitals, but it also comes with scrutiny from licensing boards and regulators. Even a single complaint or mistake can trigger a formal investigation, which can affect a PA’s ability to work and provide care. Defending your license when complaints arise requires careful attention to procedures, deadlines, and legal standards.

Why Complaints Are Referred for Investigation

Complaints are referred for investigation when there is a chance a PA violated the law or agency rules. These complaints can come from patients, colleagues, insurance providers, law enforcement, or even anonymous sources. Some complaints, such as sexual misconduct, gross negligence, impairment, or practicing without a license, almost always result in a formal investigation. Complaints related to patient harm or serious injury are treated as high priority. Investigators, who are often peace officers, have the authority to pursue criminal and administrative violations.

The Role of the Board and Field Office

When a complaint is filed, it is sent to the field office closest to the incident. A supervising investigator reviews the complaint and assigns it to an investigator. The investigator decides which steps to take to gather evidence and interview witnesses. Complaints that involve serious injury, patient death, sexual misconduct, or impairment are usually given top priority. Investigators follow strict procedures to ensure that the evidence is thorough and credible.

Contact and Communication During an Investigation

The Board considers all complaints important but prioritizes cases that could pose immediate risk to public safety. You will typically be contacted once your complaint is assigned to an investigator and the process begins. It is important to notify the Board of any address or phone number changes. Complaints are treated confidentially, and details are only shared as required, usually with the PA under investigation.

Steps in an Investigation

Investigations can include several actions. Investigators may collect medical records, review documents, and interview the complainant, witnesses, and the PA. Experts may be asked to review quality of care concerns. Investigators can issue subpoenas, inspect locations, execute search warrants, and conduct undercover operations if needed. Administrative cases must be proven by clear and convincing evidence, which is a higher standard than civil court cases. If no violation is found or the evidence is insufficient, the complaint is closed, and both the complainant and the PA are notified.

Preliminary Investigation and Inquiry Letters

The disciplinary process often starts with an inquiry letter. This letter informs the PA that an allegation exists and asks for a response by a specific date. Responding in a meaningful and timely manner is important. Many inquiry letters are vague, making it difficult to provide a detailed answer. An attorney experienced in PA license defense can help draft a response that shows cooperation without admitting liability or creating additional issues.

Formal Investigation

If concerns remain after the preliminary response, a formal investigation begins. The PA receives a notice of investigation with the name of the assigned field investigator. The PA is asked to provide a narrative explanation, complete a medical practice questionnaire, and submit relevant records. Deadlines are typically two to three weeks, but extensions may be granted. Legal counsel is recommended to ensure responses are accurate and protective of the PA’s rights. Experts, including other PAs or physicians, review the case to determine if it can be dismissed or requires further proceedings.

Informal Settlement and Compliance Conferences

If a violation appears likely, the PA may be asked to attend an Informal Settlement or Show Compliance Conference. This is a meeting with agency representatives, often including attorneys, to discuss the allegations and possible outcomes. Recommendations may include gathering more information, referral to a temporary suspension hearing, a non-disciplinary remedial plan, or a disciplinary action by an agreed order. Experienced defense attorneys can often negotiate the language of orders to minimize professional impact.

Temporary Suspension and Restriction Hearings

In cases where a PA may pose a continuing risk to patients, temporary license suspension or restrictions can occur. These hearings can sometimes happen without advance notice. A panel usually consisting of board members, including at least one PA, decides the case. Rules of evidence are less strict than in formal trials, but the PA may be restricted during the process. Legal representation is important to respond effectively and seek alternatives where possible.

Contested Hearings at SOAH

If the case is not resolved, it moves to the State Office of Administrative Hearings for a contested hearing. Discovery occurs similar to civil litigation, including depositions, interrogatories, and document requests. An Administrative Law Judge hears evidence, calls witnesses, and reviews records. After the hearing, the judge issues a Proposal for Decision, which the Board can adopt, modify, or reject. PAs have a short window to request rehearing or appeal to district court. Mediation may also occur early in the SOAH process to resolve matters without a formal hearing.

Compliance and Reporting After Disciplinary Action

Once a disciplinary order is issued, PAs must cooperate with compliance requirements. This may include drug testing, record keeping, chaperones, or prescribing limits. Probation-like monitoring ensures adherence to the order. Violations of these requirements can trigger additional hearings or disciplinary actions. Most disciplinary actions are reported publicly through official websites, newsletters, other licensing boards, and media channels.

Protecting Your License

Complaints to the Board, even if baseless, should be taken seriously. PAs should provide complete, accurate information and respond to all inquiries within deadlines. Legal counsel can assist at every stage, from preliminary investigation to contested hearings. An experienced healthcare lawyer can help protect the PA’s license, professional reputation, and ability to practice safely.

Get Legal Help

If you are facing a complaint or investigation regarding your PA license, contact an experienced physician assistant license defense attorney to protect your career. Call Dike Law Group at (972) 290-1031 to discuss your case and receive guidance on the best steps to take.