A licensing board case begins when someone files a complaint with the board. A complaint may be filed anonymously, or by someone willing to identify themselves. The individual who files the complaint may or may not provide supporting evidence along with the complaint.
Investigation
Upon receiving a complaint, a licensing board will assign an internal investigator to the case. The investigator's primary role is to gather facts relating to the complaint. An investigator can subpoenas documents, obtain sworn testimony by anyone with knowledge of what happened, and will interview the healthcare provider against whom the complaint was filed.
Charges Filed by the Board
The board will review the investigator's findings and vote on whether to pursue the case. In deciding whether to proceed with a case, the board considers whether there is reason to believe, based on the investigator's findings, that the healthcare provider might have violated the relevant Practice Act. If the board suspects that the healthcare provider violated the Practice Act, the board will turn the case over to the Maryland Office of the Attorney General for administrative prosecution. A prosecutor will then file charges against the healthcare provider's license.
Process for Prosecuting Cases
Prosecution
When a board turns a case over to the Office of the Attorney General for administrative prosecution, an Assistant Attorney General is assigned to prosecute the case. The prosecutor issues charges, and then fights to have sanctions imposed on the healthcare provider's license. The board process is very adversarial at this point.
Resolution Conference
Licensing boards will arrange for the prosecutor, healthcare provider, and representatives from the board to negotiate an outcome to the case. This is often done during a resolution conference. The conference helps reduce the need for evidentiary hearings/trials.
Evidentiary Hearing
If the resolution conference does not resolve the case, an evidentiary hearing/trial is held. Some boards conduct their own hearings, while others delegate hearings to the Maryland Office of Administrative Hearings. Evidentiary hearings can last anywhere from half a day to over a week.
Mr. Silkman is an experienced, nationally recognized professional license defense attorney in Maryland.
As both a lawyer and a healthcare provider, he represents individuals for licensing board investigations, board subpoenas, case resolution conferences, evidentiary hearings, appeals, and all other licensing board matters.
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