Use the 800(c) Request
Use Business & Professions Code, section 800(c) to get your "Permanent Record" if you are a California health care licensee.
Occasionally, licensees being investigated for potential violations of their respective practice acts are given advanced notice of the investigation by the licensing authority. When providing this notice, the investigating licensee agency may or may not be transparent regarding the nature of the investigation.
Specifically, some licensing agencies are quite opaque; the notice will omit the source, date, and nature of complaint, as well as what portions of the Penal Code, underlying practice act, or California Code of Regulations are suspected to have been violated.
What is the Meaning of this?!?
This, oftentimes, leaves the licensee puzzled and asking him or herself, "why am I being investigated?" It may even prompt them to reach out to the investigator or underlying licensing agency in an attempt to receive informal information.
Such an informal attempt is not always in the licensee's best interest. For example, if the licensee makes contact with the investigator, they may find themselves entering into an impromptu interview with the investigator. Questions could be asked and information volunteered that could be critical to the investigator's take on the underlying events. Or they could be considered admissions against the licensee's interest. Furthermore, the investigator might casually schedule a further, an in-person conversation, that for the inexperienced licensee may seem like nothing at all. But, in fact, it is a formal interview that will impact the findings and recommendation of the investigator.
Find Out by Asking the Right Way
There is, however, a formal way of getting that missing information. It is called the 800(c) Inquiry. It is named after the section of the Business & Professions Code where it is found and it permits the party being investigated–or counsel hired by the party–to formally request the information found within any centralized investigatory file the licensing agency has for him or her.
Specifically, the subsection reads as follows (emphasis mine):
the licensee involved, or his or her counsel or representative, shall have the right to inspect and have copies made of his or her complete file except for the provision that may disclose the identity of an information source. For the purposes of this section, a board may protect an information source by providing a copy of the material with only those deletions necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material. Whichever method is used, the board shall ensure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging, or threatening to a licensee's reputation, rights, benefits, privileges, or qualifications, or be used by a board to make a determination that would affect a licensee's rights, benefits, privileges, or qualifications.
Which Healthcare Agencies are Included?
The following healthcare professional licensing agencies are covered by the right to seek a Business & Professions Code, section 800(c) inquiry:
Medical Board of California
Board of Psychology
Osteopathic Medical Board
Board of Chiropractic Examiners
Board of Registered Nursing
Board of Vocational Nursing and Psychiatric Technicians
Board of Optometry
Veterinary Medical Board
Board of Behavioral Sciences
Physical Therapy Board
Board of Pharmacy
Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board
Board of Occupational Therapy
Physician Assistant Board
Content of the Request
All that is required is a letter to the licensing agency directing it to comply with the above subsection by providing a copy of your centralized file. If sent by your attorney, the request should include an authorization form, proving that the attorney represents and is asking on behalf of the licensee.