Can You Keep Practicing? Your Rights During a Pending Medical License Investigation in Georgia

It’s never fun to be on the receiving end of a medical license investigation. Even in cases where you know you did nothing wrong, the uncertainty of an open investigation can be nerve-wracking. Will I be allowed to see patients? Will my license be restricted or revoked? As it turns out, the answer is usually “no” and “yes” respectively. In most cases, you can keep working as usual while an investigation is pending, and the Georgia Composite Medical Board (GCMB) can’t stop you from practicing unless and until it issues a formal order or you agree to one. (See the “Summary Suspension” section below for the rare exception where the Board can summarily suspend your license without any formal process.) 

That said, it’s important to know where you stand and what you can do if you’re the subject of a medical board investigation.

The Investigation Process

The Board’s investigative process is relatively straightforward. Investigations can be initiated from any source—a patient, another physician, an employer, a hospital, or even an insurance company can file a complaint with the Board. Once the Board receives the complaint, it will first screen it to determine whether it has jurisdiction and whether, if true, the facts would violate the Medical Practice Act. If either test is not met, the matter is typically terminated at the “reasonable suspicion” stage, by the rulemaking of the Georgia Secretary of State.

But if the Board finds that a complaint has reasonable suspicion and meets its jurisdictional requirements, a formal investigation is opened, and the Board’s investigators (who are peace officers with full police authority in Georgia) can subpoena records, documents, and witnesses to find out if there’s any cause to discipline you. At this stage, while the investigation is pending, you can continue practicing medicine with no restrictions or limitations in most cases.

Due Process Rights

Physicians, however, are not without legal recourse. Under Georgia law, you are entitled to due process in connection with any formal disciplinary proceeding before the Board. This means that the Board must give you notice of the proposed disciplinary action and an opportunity to respond. You also have the right to a hearing before any formal order is issued against you.  

So, unless and until the Board issues a formal order or consent agreement, you can usually continue practicing. Even then, it’s important to note that the existence of an open investigation or formal proceeding does not in itself change the status of your license or permit the Board to suspend, revoke, or restrict your medical license. The Board must issue an order to that effect (subject to specific legal requirements in the Georgia Administrative Code, Ga. Comp. R. & Regs. 360-3).

Summary Suspension

The single exception to the rule that an investigation alone doesn’t affect your license is when the Board summarily suspends your license due to an “imminent danger to the public health, safety, or welfare.” This is an extreme measure that is reserved for the most serious and egregious cases of possible misconduct, such as credible evidence of gross incompetence, sexual impropriety, drug or alcohol addiction, or felony charges. The Board’s summary suspension authority is narrowly defined in O.C.G.A. § 43-34-8.

If you find yourself summarily suspended, you will, of course, need to stop practicing immediately. You are, however, entitled to a prompt hearing to challenge the suspension and present your evidence. These hearings are commonly granted and often result in the Board either upholding the restrictions or vacating them.  

When Can You Keep Practicing?

Absent summary suspension or voluntary agreement, physicians under investigation in Georgia are typically free to practice medicine without restrictions. This means you can continue to treat patients, maintain your hospital privileges, and perform medical billing and documentation as usual. This remains true until the matter is resolved, either through a formal public order by the Board or an agreed-upon consent order.

Many physician investigations in Georgia are resolved without formal discipline, but with a private letter of concern (LOC). A LOC is simply a private warning sent by the Board to a physician, which does not go on your official public record. 

A letter of concern is confidential and, therefore, exempt from public records rules. You can read more about the Board’s process on its investigative process page.

Private vs. Public Discipline

If the Georgia Composite Medical Board uncovers evidence of a possible violation of the Medical Practice Act during the investigation, it has a choice of either a public or private resolution. A private resolution can take the form of a private letter of concern or a confidential consent order. 

In many cases, the Board’s legal team will pursue a private resolution, as the benefit of confidentiality is a strong incentive for physicians. As such, these private resolutions generally do not affect the public status of your license. They also aren’t reportable to the NPDB and typically aren’t posted on the public record.

Public disciplinary actions like formal reprimands, probation, suspension, or revocation, however, are matters of public record (unless they are in a patient’s medical record) and often reportable to the NPDB. But according to an audit by the State of Georgia, public sanctions are rare compared to private ones.

As you can see, investigations can play out in a number of ways. Of course, each case is different, and there is no crystal ball to predict how your case will ultimately be resolved. In most situations, unless you agree to a voluntary order or the Board summarily suspends your license, you can continue practicing.

Get Help and Keep Practicing

A pending Board investigation is no one’s idea of a good time, but getting help from a skilled medical licensing attorney can make a world of difference. An experienced attorney can help you understand the Board’s legal rights and responsibilities at this stage and what you need to do to protect yourself.

Legal counsel will help you know how to respond to an investigation, manage your rights in an inquiry, and make smart decisions to minimize any potential negative outcome. Lawyers can also provide legal representation to assist with communication with the Board, including your responses and defense, investigation requests, and records, and, if necessary, negotiating a consent agreement that limits the damage to your professional reputation. 

As noted by the American Association for Physician Leadership, early and active engagement in these cases is key to helping you protect both your license and livelihood.

And while you have the right to represent yourself in connection with any Board proceeding, including investigations and hearings, there is never a better time to know your rights than now.

When Must You Stop Practicing?

As you can see, there are two main circumstances when you must stop practicing during an investigation:

• If the Board summarily suspends your license, you must immediately stop and will not be permitted to continue under most circumstances.
• If your license is revoked or you surrender your license voluntarily, then you are prohibited from practicing.

In all other cases—including most consent orders, private resolutions, or investigations—you are generally free to continue working, treat patients, and meet your professional obligations.

Completing a Public Order

In some cases, even if you receive a public order against you, your medical career is not over. In fact, you can complete the terms of most orders, such as supervision, CME, probation, or monitoring, and later apply for reinstatement of the order or to remove restrictions (called restoration). The GCMB has developed an online process to reinstate your license and restore it to unrestricted status.

Know Where You Stand – Seek Legal Guidance Today

As you can see, the short answer to the question posed by the headline is generally “yes.” You can keep working while an investigation is pending. This is also the case once you receive a formal order from the Board or enter into a consent order, unless you agree to stop. If the Board summarily suspends your license, however, you must stop immediately. Finally, if you are issued a public disciplinary order, such as suspension or revocation, you are not allowed to practice without first being reinstated.

The key is to know your rights, act on them quickly, and get help from an experienced healthcare attorney before making any agreements with the Board. (You have the right to an attorney during any Board proceeding, including an investigation.) Once you know where you stand, you are well on your way to limiting the damage and moving forward. Contact our office for immediate assistance today.