6 Frequently Asked Questions in Professional Licensing Cases in Delaware
I was asked by an investigator from the Delaware Division of Professional Regulation to appear for an interview. Do I need a lawyer?

Before giving any statement to an investigator, you should consult with an attorney. In professional regulation cases, an attorney is in the best position to help protect legal rights. Because we have had numerous cases where the licensing investigation turned in a criminal investigation, we advise our clients never to speak to the Board Investigator – or to the police – without first speaking to an attorney.

I received a complaint from the Delaware Division of Professional Regulation. I need to file a written response. Do I need a lawyer?

A large component of our practice involves responding to complaints with the professional board in Delaware. Oftentimes, complaints are filed by disgruntled patients of former employees. It is best to have the counsel investigate the complaint, review relevant documents, interview the witnesses, and research the law and your legal defenses before filing a written response to a board complaint. Once you file your response, you may be bound by it!

I have a board hearing coming up, but I also have pending criminal charges. Do you do both?

Our law firm has both an active practice before the Delaware Division of Professional Regulation and an active practice handling criminal matters before the JP Courts, Court of Common Pleas, Superior Court, and Supreme Court of Delaware. Our attorneys include Matt Stiller (the Delaware DUI Defender), Bill Deely (former head of the Office of the Public Defender in Kent County, DE) and Ben Schwartz (former Superior Court conflict attorney with experience in major felony cases, including death penalty capital murder).

Do you handle cases involving “Mandatory Duty to Report” or “Mandatory Duty to Self-Report?”

There are multiple types of situations or cases where a physician, nurse, or other provider has a duty to report. Duties to report can involve the duty to report one’s self, or the duties to report may involve another person. We can provide opinion and counsel concerning the duties to report. We have advised medical practice groups in connection with reporting employees and former employees, physicians, nurses, and others. We are also available to provide representation to Delaware medical providers who themselves face board investigation or action for failing to report.

Do you handle professional licensing cases outside of Delaware?

Our professional licensing practice is limited to the State of Delaware only. If you need advice or representation outside of Delaware, feel free to contact us. We may be able to give you a referral.

How do I handle a subpoena for billing records and patient charts from the Delaware Department of Insurance, the Delaware Department of Justice, or the Delaware Division of Professional Regulation?

Medical providers in Delaware are occasionally confronted with subpoenas from these Delaware agencies. Sometimes the reason for the subpoena is to investigate an allegation of Medicaid fraud that has come to the attention of the Medicaid Fraud Control Unit (MFCU) at the Delaware Department of Justice. Or perhaps the subpoena is part of an investigation into allegations of improper prescribing of opiates. Or maybe an automobile insurance company has complained to the state regulators about too many bills for passive modalities. Before responding to a subpoena from a state agency, you should have an attorney investigate and assist you or your practice in providing its response.

Ask Us A Question