Every state
Nursing and healthcare licence defence attorneys near you
A board investigation, an accusation, or a complaint that threatens your licence.
Deadline, in general
Where a formal accusation or complaint is served, a written response is commonly due within 15 to 30 days.
A letter from a licensing board is not a formality and it is not a conversation to have alone. An investigation can end in a public reprimand, probation, suspension or revocation, and the record follows you to every future employer in the field.
The deadlines here are the shortest in this entire list. Where a formal accusation is served, the window to file a notice of defence is measured in days, not months, and missing it can mean the board takes your licence by default without a hearing. Anything you say to an investigator before you have advice is evidence.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —You have received a letter or call from a board investigator.
- —You have been served with an accusation or a statement of issues.
- —You were reported after a medication error, a fall, or a documentation dispute.
- —A criminal arrest or conviction has to be reported to your board.
- —Your employer has reported you, or told you they intend to.
What an attorney generally does here
- —Respond to the board on your behalf so you are not interviewed unrepresented.
- —File the notice of defence within the very short statutory window.
- —Gather the clinical record and the staffing reality behind the allegation.
- —Negotiate outcomes that avoid revocation where the facts allow.
- —Represent you at the administrative hearing.
The deadline
Where a formal accusation or complaint is served, a written response is commonly due within 15 to 30 days. Set by Your state’s nursing practice act and administrative procedure act.
This is the shortest deadline on this site and the consequence of missing it is severe: the board may proceed by default. If you have been served, the time to get advice is the same day, not the same month.
Worth gathering first
- —The letter, accusation or subpoena exactly as you received it, with the envelope.
- —Your licence number and the board involved.
- —The clinical records or charting at issue, if you can lawfully obtain them.
- —Your employer’s incident report and any statement you already gave.
- —Staffing records for the shift, if the allegation concerns care.
If you work in care
This is the area where a healthcare worker has the most to lose and the least time to act. A licence is the job. Errors that occur because a unit was short-staffed are still charged against the individual who was there.
Common questions
Should I talk to the board investigator?
An investigator is gathering evidence for a case against your licence. Nothing prevents you from saying you will respond through counsel, and that is what attorneys in this area generally advise.
How long do I have to respond to an accusation?
Under Government Code section 11506 a notice of defence is generally due within fifteen days of service. Failing to file it can allow the board to proceed by default.
My employer reported me. Is that the same as the board acting?
No. An employer report may trigger an investigation, but the board makes its own decision. The two processes run in parallel and each can affect the other.
Does a DUI or arrest have to be reported to my board?
State licensing boards generally require reporting of convictions and, in some cases, arrests, within a set period. The reporting obligation is separate from the criminal case.
Related
Discrimination and harassment
Treated differently because of who you are, or harassed and ignored when you reported it.
Wrongful termination
Fired for reporting something, for being injured, or for a reason the law forbids.
Criminal defence
An arrest or charge — and what it means for a professional licence.
Related reading
From our archive, on the situations that lead here.
Working for a Private Home Care Agency in California: The Registry, the Licence and the Rights Nobody Explains
California regulates private home care through the Home Care Services Consumer Protection Act: agencies must hold a Home Care Organization licence and aides must appear on the Home Care Aide Registry. The registration belongs to the worker, not the employer, and the wage rules that apply to agency work are different from the ones that apply to IHSS. Most people learn both facts the hard way.
A Letter From the Nursing Board: What To Do in the First 15 Days
A California licensing board investigation or accusation has the shortest deadline of any legal matter here. What the letter means, why 15 days matters, and what not to say.
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.