These letters are not considered to be disciplinary and remain confidential from the general public. Occasionally, an investigation may uncover possible violations of law related to a consumer complaint and an expert case reviewer may confirm that departures from the standard of care may have occurred. Due to evidentiary problems or other deficiencies found during the course of the investigation, however, it may not be an option to refer the case to the Office of the Attorney General for formal administrative action. Similarly, in cases where expert case reviewers do not find clear departures from the standard of care but they do express serious concerns about certain aspects of the cases and the way that licensees handled situations, referral to the Attorney General is not an option. In such cases, the licensee is invited to participate in an educational review.
Educational reviews are completely confidential and remain confidential from the general public.
In cases where the statute of limitations prevents criminal prosecution for unlicensed practice, citation and fine also may be used along with telephone disconnect if the unlicensed person fails to pay the fine. Orders of Abatement are included in all citation and fine cases and specifically require the cessation of certain activities or behaviors. An Order of Abatement may be used to follow a warning letter if the individual fails to heed the warning. Citations and fines are public information but are not considered to be disciplinary actions. Typically, the letter of reprimand is a viable option if the violations alleged are relatively minor and no patient harm occurred.