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Why am I being Investigated? Use 800(c) Inquiry to Find Out

Occasionally, licensees being investigated for potential violations of their respective practice acts are given advanced notice of the investigation by the licensing authority. When providing this notice, the investigating licensee agency may or may not be transparent regarding the nature of the investigation.

Specifically, some licensing agencies are quite opaque; the notice will omit the source, date, and nature of complaint, as well as what portions of the Penal Code, underlying practice act, or California Code of Regulations are suspected to have been violated. 

Let Me Get to the Bottom of This

This, oftentimes, leaves the licensee puzzled and asking him or herself, "why am I being investigated?" It may even prompt them to reach out to the investigator or underlying licensing agency in an attempt to receive informal information. 

Such an informal attempt is not always in the licensee's best interest. For example, if the licensee makes contact with the investigator, they may find themselves entering into an impromptu interview with the investigator. Questions could be asked and information volunteered that could be critical to the investigator's take on the underlying events. Or they could be considered admissions against the licensee's interest. Furthermore, the investigator might casually schedule a further, an in-person conversation, that for the inexperienced licensee may seem like nothing at all. But, in fact, it is a formal interview that will impact the findings and recommendation of the investigator. 

Experienced professional licensing defense attorneys know these investigators tricks of the trade. And if the licensee was wary and savvy enough, hopefully they realized the potential trap as well and avoided making direct contact. 

Plan B

There is, however, a formal way of getting that missing information. It is called the 800(c) Inquiry. It is named after the section of the Business & Professions Code where it is found and it permits the party being investigated–or counsel hired by the party–to formally request the information found within any centralized investigatory file the licensing agency has for him or her. 

Specifically, the subsection reads as follows (emphasis mine):

the licensee involved, or his or her counsel or representative, shall have the right to inspect and have copies made of his or her complete file except for the provision that may disclose the identity of an information source.  For the purposes of this section, a board may protect an information source by providing a copy of the material with only those deletions necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material.  Whichever method is used, the board shall ensure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging, or threatening to a licensee's reputation, rights, benefits, privileges, or qualifications, or be used by a board to make a determination that would affect a licensee's rights, benefits, privileges, or qualifications. 

The following healthcare professional licensing agencies are covered by the right to seek a Business & Professions Code, section 800(c) inquiry:

What Needs to Be In It?

The inquiry itself is quite simple. It is merely a letter to the licensing agency directing it to comply with the above subsection. If sent by counsel, the inquiry should probably include an attachment demonstrating authorization from the licensee for the attorney to act on his or her behalf.

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Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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