You received a letter from DORA, and your stomach just dropped. A complaint has been filed against your professional license—the license you worked years to earn and that supports your livelihood. What happens next? How will this affect your practice? Can you lose your license?
A DORA board investigation in Colorado can feel overwhelming, but working with an attorney who understands the DORA complaint process will reduce your stress. As a former Colorado Assistant Attorney General who provided legal counsel to several DORA regulatory programs, I am familiar with how to respond to complaints.
Common Types of Board Investigations in Colorado
The Department of Regulatory Agencies (DORA) oversees 50+ regulatory programs in Colorado ranging from the Office of Barber and Cosmetology, Nursing Board, Dental Board, Medical Board, Physical Therapy Board, Licensed Professional Counselors, Acupuncture, and many other regulatory boards. I have represented cases involving over a dozen of these regulatory boards.
Medical Board cases often involve standard of care concerns, prescription practices, and documentation issues. According to the Colorado Medical Board, approximately 35% of complaints result in no formal action.
Dental Board complaints frequently focus on treatment outcomes, infection control, and billing practices. The board received over 300 complaints in 2022 alone.
Nursing Board reviews commonly address medication administration, scope of practice questions, and substance use concerns.
Med spa investigations have increased 200% in the last five years as these facilities face growing scrutiny around ownership structure, delegation, and procedures performed. An understanding of both the Corporate Practice of Medicine and Medical Board, Nursing Board, and Office of Barber and Cosmetology regulatory rules is essential to navigating Med Spa complaints. Disgruntled employees and competitor complaints are on the rise.
The mere existence of a complaint doesn’t mean you’ve done anything wrong. Many investigations conclude with no disciplinary action, especially when handled properly from the start.
How Board Investigations Begin
Most people don’t realize board investigations can start in several ways:
Patient complaints trigger most investigations. A dissatisfied patient may contact DORA directly, often without attempting to resolve the issue with you first. Many of these complaints are filed anonymously.
Colleague reports happen when another healthcare provider feels professionally obligated to report concerns about your practice or has a duty to report.
Self-reporting requirements exist for certain situations, including malpractice settlements and criminal charges. Failing to self-report when required can lead to additional violations.
Insurance companies sometimes flag unusual billing patterns and report them to regulatory boards.
The Colorado Division of Professions and Occupations opened over 9,000 cases last year across all licensed professions, with healthcare licenses representing a significant portion of this caseload.
The Timeline of a DORA Investigation
Understanding the typical progression helps set realistic expectations during what can be a lengthy process.
First Stage: Getting the Complaint
The process begins when you receive an official notice from your licensing board. This letter typically:
- Outlines the general nature of the complaint
- Requests a written response within a specific timeframe (usually 10-30 days)
- May include a questionnaire or specific questions to address
This initial communication rarely contains complete details about the allegations or complainant. Don’t panic—but do not ignore the complaint. The clock starts ticking immediately. Your best defense is a strong response. An attorney who is familiar with how to respond to a DORA complaint is a good investment.
Second Stage: The Investigation
After receiving your response, if the complaint is not dismissed an investigator is assigned to gather facts. This stage can last several weeks to several months and might include:
- Requests for complete patient records
- Interviews with you, the complainant, and witnesses
- Possible site visits or practice inspections
- Reviews by subject matter experts in your field
The investigator doesn’t decide your case but collects information for the board to review. Their report significantly influences how your case proceeds.
Third Stage: Board Review
Your licensing board reviews the investigative findings to determine next steps. Possible outcomes include:
- Dismissal of the complaint if no violations are found
- Offering a confidential agreement to resolve minor issues
- Referring the case to DORA’s Office of Expedited Settlement
- Referring the case to the Attorney General’s office for formal proceedings
According to DORA statistics, approximately 60% of healthcare cases are dismissed or closed with non-disciplinary action. The remaining 40% proceed to formal processes.
Fourth Stage: Settlement Talks or Formal Charges
If your case moves forward, you’ll typically have an opportunity to resolve it prior to formal charges through:
- A confidential settlement conference
- Negotiation of stipulated agreements
- Potential practice restrictions or requirements
If settlement fails or isn’t appropriate for your case, formal charges will be filed.
Fifth Stage: Hearings
When cases can’t be resolved through settlement, you have the right to an administrative hearing. This formal legal proceeding resembles a trial:
- Both sides present evidence and witnesses
- An Administrative Law Judge presides
- Rules of evidence and procedure apply
- You have the right to legal representation
A healthcare attorney familiar with administrative proceedings can make a substantial difference in the outcome of your hearing.
Final Stage: The Decision
Following the hearing, the board makes a final decision, which may include:
- Dismissal of all charges
- Letter of admonition
- Probation with specific requirements
- Practice restrictions
- License suspension or revocation
You have the right to appeal adverse decisions, though succeeding on appeal can be challenging without proper legal guidance.
Common Issues in Healthcare Board Investigations
Board investigations typically focus on specific areas of concern:
Standard of care problems form the basis of many complaints. The board evaluates whether your care met the minimum standards expected of someone with your training and license.
Documentation issues can trigger investigations even when patient care was appropriate. Poor or missing documentation makes defending your actions much harder.
Medication errors receive significant scrutiny, particularly controlled substance prescribing patterns.
Boundary violations with patients represent some of the most serious allegations and can lead to severe discipline.
Billing practices that appear fraudulent or misleading often lead to multi-agency investigations involving both your licensing board and law enforcement.
What to Do and Not Do During an Investigation
Your actions during an investigation significantly impact the outcome.
Big Mistakes to Avoid
Handling it without legal help tops the list of mistakes licensees make. Board investigations have serious consequences and complex legal aspects that require specialized knowledge.
Missing deadlines can result in default judgments against you. Board timelines are strict and rarely extended.
Altering records after receiving a complaint constitutes a separate offense that’s often more serious than the original complaint.
Contacting the complainant directly can backfire dramatically, potentially adding witness tampering or intimidation concerns.
Discussing your case with colleagues or on social media can create additional problems and potentially breach confidentiality.
Smart Steps to Take
Secure proper representation from an attorney who specializes in healthcare license defense. Attorneys that do not have regulatory law experience often lack the specialized knowledge these cases require.
Gather and organize records promptly, including patient charts, communication records, and relevant policies.
Maintain confidentiality throughout the process to protect patient privacy and your professional reputation.
Take care of yourself by establishing support systems. The emotional toll of an investigation can affect your health and practice.
How a Healthcare Attorney Helps
A healthcare attorney with board investigation experience provides critical assistance:
- Reviews the complaint and helps craft a strategic response
- Communicates with investigators so you don’t inadvertently say something harmful
- Identifies weaknesses in the case against you
- Negotiates favorable settlements when appropriate
- Represents you at hearings with knowledge of administrative law
- Guides post-discipline practice modifications
The right attorney serves as both legal advocate and knowledgeable guide through unfamiliar territory.
Final Thoughts
A board investigation represents one of the most stressful challenges in a healthcare professional’s career. The process can feel isolating and overwhelming, but you don’t have to face it alone.
With proper preparation, strategic response, and experienced legal counsel, many professionals successfully navigate board investigations with their licenses and reputations intact. The key lies in taking immediate action and securing appropriate help as soon as you receive notice of a complaint.If you’re facing a Colorado board investigation, don’t wait until the situation escalates. Call (720) 270-0488 for a confidential consultation about your specific circumstances and options.
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