Little Health Law Blog
Our healthcare and business law firm advises physicians and other licensed healthcare providers on professional licensing matters, including medical board investigations and disciplinary proceedings. For North Carolina licensees navigating an active investigation by the North Carolina Medical Board (“NCMB” or “the Board”), one of the most pressing questions is what the process could ultimately mean for your license. This post outlines the range of possible outcomes under the Board’s framework—from no action at all to public disciplinary measures—and identifies some of the considerations that bear on how a case may be resolved. If you would like to discuss a medical board matter or would like to discuss this blog post, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
(1) Three Categories of Outcome
The NCMB resolves investigations in three general ways: no formal action, private Board action, or public Board action. The outcome in any individual case depends on the unique facts and circumstances of that case, as well as any mitigating or aggravating factors the Board considers relevant—including, for example, whether the licensee has prior history with the Board.
It is worth noting that the Board’s statistics offer some context: on average, approximately 60 percent of matters investigated are closed with no formal action but retained in the licensees file, about 24 percent result in private action, and roughly 10 percent result in public action.
(2) Accept as Information (AAI): No Formal Action
When the Board concludes that no violation of the Medical Practice Act (N.C.G.S. Chapter 90) has occurred, the case is closed as “Accept as Information” (AAI). The matter is retained in the licensee’s confidential permanent file but does not result in any Board action and is not publicly reported. Complainants are notified that the case has been closed and receive general information about how it was resolved, but the details remain private.
An AAI closure does not necessarily mean the matter disappears entirely—investigations may be disclosed to other licensing authorities and credentialing bodies, and the existence of a prior investigation can be a factor in how the Board evaluates any future matters involving the same licensee.
(3) Private Board Action
Where the Board does not find a violation warranting public action but has concerns about some aspect of the licensee’s conduct or performance, it may take private action. Private actions are not reported on the NCMB’s public website and are not visible to the general public. Examples include a confidential letter of concern, a requirement that the licensee complete a remedial continuing medical education course, or a request that the licensee attend a confidential interview with Board members to discuss their conduct.
While private actions do not carry the same immediate reputational consequences as public action, they are not without significance. Depending on the nature of the action and any applicable disclosure requirements, a private Board action may need to be reported in response to credentialing applications, on insurance applications, to the National Practitioner Data Bank, or in response to inquiries from other state licensing boards.
(4) Public Board Action
Public Board action is taken when the Board determines that a violation of the Medical Practice Act warrants remedial and/or disciplinary action. Public actions cover a wide spectrum. On the less severe end, the Board may issue a public letter of concern, which it characterizes as non-disciplinary. Moving along the spectrum, the Board may impose a fine, issue a formal reprimand, or place limitations on the licensee’s scope of practice. At the more serious end, the Board may suspend or revoke the license entirely. All public actions are posted on the NCMB’s public website and are accessible through the individual licensee’s Licensee Information page.
When the Board’s review indicates that public action may be warranted, the case may ultimately be resolved through a public hearing or, more commonly, through a negotiated settlement agreement known as a consent order. If the Board votes to initiate public action, the licensee may request a confidential, informal pre-charge conference in writing before formal charges are filed. The terms of any consent order—and whether to agree to one—involve considerations that are specific to the facts of each case and the licensee’s individual circumstances.
If you are a North Carolina licensee facing a Board investigation and have questions about how these outcomes may apply to your situation—or if you would like to understand your options at any stage of the process—we would be glad to discuss your matter with you. You may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.