Received a Letter From a Massachusetts Licensing Board?
The envelope says Board of Registration, and your stomach drops. Take a breath: many Board complaints end without discipline, and the outcome often depends on what you do in the next few days. Before you call the investigator, write a response, or sign anything, find out which letter you have and when your deadline runs. Depending on your board, it can be as short as 10 days.
If you’d rather talk it through now, call or text (978) 273-8337.
License defense from someone who has held clinical licenses too.
I’ve been a registered respiratory therapist since 2005 and a registered nurse since 2010. As a respiratory therapist I spent many years at the bedside providing hands-on respiratory care. As a nurse I’ve worked in critical care and the intensive care unit of an acute care hospital, and I’ve held management roles in that setting. I know what it means to hold a license that your livelihood depends on, and I can help you answer the Board’s letter carefully and on time.
— Richard Alan Gaudet, JD, RN, RRT
Which letter did you receive?
Board letters look alike, but they mean very different things. Find yours below:
The letter says…
What it means
How urgent
A request for your written response, with a copy or summary of a complaint
An investigation is open; no charges yet
Deadline in the table below
An order to answer the complaint (Board of Medicine)
The Complaint Committee wants a formal answer
10 days
An invitation to an investigative conference
The Board or a committee wants to discuss the complaint with you before any hearing
Prepare now; bring a lawyer
A subpoena or request for records
The Board wants documents
Follow the date in the subpoena
An Order to Show Cause or Statement of Allegations
Formal disciplinary charges
Written answer generally due in 21 days
An Order of Summary Suspension
Your license is suspended now, before a hearing
Call a lawyer today; a hearing must be held within about 7 days
An advisory letter, or notice of dismissal or closure
The matter is ending without discipline
Read it carefully and keep it
Your response deadline, by board
The clock usually starts when the letter is delivered to your address of record, not when you open it. Several boards also treat a letter as received on the day delivery was attempted if you moved without updating your address.
The date in the Board’s request; a late or incomplete response may be treated as admitting the allegations
258 CMR 30.02(2)
Other boards (electricians, real estate, massage, veterinary and others)
Usually the date in the letter
Check with a lawyer
At every one of these boards, failing to respond without good cause can lead to formal charges or discipline on its own, even if the original complaint had no merit.
Your first-10-days checklist
Write down the date the letter arrived, and count your deadline from the table above. Put it in your calendar with a reminder three days early.
Read the whole letter, including enclosures. Note exactly what the Board is asking for: a response, records, a conference, or an answer to charges.
Call a license-defense lawyer before you contact the Board. Many letters ask you to tell the Board if you have a lawyer. Do that if your letter asks.
Gather what you have: the letter, your schedule for the dates involved, any incident reports, your employer’s write-ups, and your own notes.
List related matters: an employer investigation, a malpractice claim, a criminal charge, an insurer audit, or a complaint before another board or state. Each one affects how you respond.
Check your malpractice policy for license-defense coverage, and notify your carrier if the policy requires it.
Draft the response with your lawyer and leave time to revise it. Don’t write it the night before it’s due.
What not to do
Don’t call the investigator to “explain.” Anything you say becomes part of the record, and an informal call can’t be taken back.
Don’t contact the person who complained, or the patient, client or family involved.
Don’t change, add to or “complete” any record. A late entry or alteration is often a more serious charge than the original complaint.
Don’t post about it or discuss it with coworkers.
Don’t ignore the letter. Missing the deadline is a separate violation.
Don’t offer to surrender or resign your license to make it stop. At most boards, surrender counts as discipline, and some boards treat it as permanent and not appealable.
Should you sign the medical records release?
Many letters include a release authorizing the Board to get your own health or treatment records. Signing it may be appropriate, or its scope may be far broader than the complaint requires. Talk with a lawyer before you sign. See Should I sign a medical records release?
Do you have your own duty to report?
Some boards require you to report certain events yourself, separate from any complaint:
Pharmacy: a criminal charge or conviction within 30 days, and discipline or action on another license within 7 business days (247 CMR 10.03(1)).
Dentistry: a criminal charge or conviction, action on another license, or discipline by an employer, insurer or professional society, each within 30 days (234 CMR 9.03(1)).
Other boards may ask about these events at renewal. If something happened that might need reporting, deal with it in the same response plan.
Can you get more time?
Sometimes. The Board of Medicine can extend its time limits (243 CMR 1.02(5)), and other boards often grant reasonable extensions to a licensee or lawyer who asks. Ask in writing before the deadline, and don’t assume the answer is yes until you have it in writing.
What a strong response contains
A direct answer to each allegation, in the order the Board raised them. Board rules require you to address the substance.
The clinical or professional context: what was happening, what you knew, and why you made the decisions you did, in terms Board members from your profession will recognize.
The records that support you, cited specifically, not a stack of attachments.
What you’ve done since: training, a policy change, a practice review, or treatment if relevant. Remediation often matters as much as the facts.
Nothing more than the Board asked for. No speculation, no blaming coworkers, and no disclosure of other patients’ or clients’ confidential information.
Your signature. Several boards require that you sign the response yourself, even if a lawyer drafted it.
What happens after you respond
Board staff or a committee reviews your response and may ask for more records or information.
The matter may be closed or dismissed, sometimes with an advisory letter. An advisory letter is not discipline.
You may be invited to an investigative conference (Pharmacy, Psychologists and others).
The Board may offer a consent agreement, a negotiated resolution. Its terms are negotiable, and it is usually public.
If the matter isn’t resolved, the Board issues formal charges, an Order to Show Cause or, at the Board of Medicine, a Statement of Allegations, leading to a hearing.
Most of the leverage you’ll have is in steps 1 through 4. That’s why the first response matters so much.
Just received a Board letter?
Call or text (978) 273-8337, or send a message. I represent licensed professionals across Massachusetts, in person at my Middleton office or by video.
Frequently asked questions
How long do I have to respond to a Massachusetts licensing board? It depends on the board. The Board of Medicine can order an answer within 10 days. The Nursing, Respiratory Care, Dentistry and Physician Assistant boards generally allow 21 days from receipt. The Pharmacy, Psychologists and Social Work boards set the deadline in their letters.
Should I call the investigator to explain? No, not before talking with a lawyer. Anything you say becomes part of the record, and an informal call can’t be taken back.
Does a complaint mean I’ll be disciplined? No. Boards can close an investigation or dismiss a complaint, sometimes with an advisory letter, which is not discipline. A careful, timely response gives you the best chance of that outcome.
Do I need a lawyer to respond? You’re not required to have one, and several boards allow you to respond personally or through an attorney. But your response becomes part of a permanent record and shapes the rest of the case, so it’s worth having it reviewed before you send it.
Will my employer find out? Sometimes the employer is the source of the complaint. Investigations are often kept confidential until the Board acts, but orders and consent agreements are generally public records.
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, and an experienced administrative law practitioner who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010, including in critical care. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
