Emergency Action Against a Professional License: Our firm has experience regarding the laws and standards associated with emergency orders, including Emergency Suspension Orders, Emergency Restriction Orders, and Stop Work Orders. Generally, if a regulated person or business presents an immediate threat to the health, safety, and welfare of the citizens of the state, an agency may enter an Emergency Order against that person or business. The Emergency Order will summarily suspend the practitioner’s license or impose burdensome restrictions on his or her practice. For instance, the Department of Health may issue Emergency Suspension Orders or Emergency Restriction Orders against practitioners who abuse drugs or alcohol, who are over prescribing.
The agency enters the Emergency Order without notice and without a hearing due to the alleged threat posed by the licensee. Once issued, the agency must commence the disciplinary process as soon as possible, which requires a finding of probable cause by the board’s probable cause panel and the filing of an Administrative Complaint. Once the Administrative Complaint is filed, the normal disciplinary process begins. (See section entitled “Professional licensing discipline”) During the pendency of the disciplinary process, the licensee is still under the Emergency Order and must comply with the terms of the Emergency Order until a Final Order is issued. Prior to and during the pendency of the disciplinary process, the licensee may appeal the Emergency Order to the District Court of Appeal. The District Court reviews the four corners of the Emergency Order to determine whether the Order properly articulates a basis for the order and whether the Emergency Order is narrowly tailored to protect the public.
If your license is subject to an emergency order, it may be in your best interest to contact our office as soon as possible so that we can discuss what steps to take to protect your license.