The Duty to Cooperate: Understanding the Limits of Your Obligations
Nurses, dentists, pharmacists, and other licensed professionals recognize that their license comes with what’s called a “duty to cooperate.” This means that in a licensing board investigation, they’re obligated to turn over certain documents and materials. What it doesn’t mean is that they also have a “duty to confess.”
In other words, your duty to cooperate does NOT include an obligation to answer every single question, volunteer information the licensing board hasn’t asked for, or admit fault:
- You do want to comply with lawful requests for records and information.
- You don’t want to make statements that could later turn out to be inaccurate, speculative, or self-incriminating.
This is just one reason it is essential to have legal representation when dealing with licensing issues. If board investigators press you for information beyond what’s legally required, we’ll help you walk the fine line between obligatory cooperation and the self-incriminations that can cost you your license, your career, and your livelihood. Contact the Professional License Defense Team at the LLF National Law Firm immediately: call 888-535-3686 or send us a message.
What Isn’t Covered By the Duty to Cooperate?
Professional licenses in every state come with the duty to cooperate. A partial list of the kinds of things this duty covers includes:
- Documents confirming the provider’s identity and license information
- Documents related to the management and operations of the provider’s practice or business
- Employment records
- Patients’ medical or pharmacy records
- Billing documents
Not on this list? The many things licensees are not obligated to produce, say, or do during an investigation, including (but not limited to):
- Answers to ambiguous, open-ended, or leading questions
- Damaging admissions
- Speculation as to the motives or actions of others
- An agreement to waive legal rights, including the right to legal counsel
If someone asks you questions like, “Why did this happen?”, “Why did you do this?” or “Do you admit the standard of care was violated?” Say nothing more until you speak with someone from the Professional License Defense Team.
How Do Different States Define the Duty to Cooperate?
Let’s look at two big states with hundreds of thousands of licensed professionals, zeroing in on a nurse in one and a dentist in the other:
Texas
- The Texas Board of Nursing requires all licensed nurses to cooperate with investigations and provide requested information and documentation.
- Texas rules do not create a requirement for unlimited narrative admissions.
- If a nurse in Texas is asked to submit a written statement, or wonders how deeply to answer a question or whether their response could expose them to criminal or administrative liability, they need the LLF National Law Firm’s Professional License Defense Team.
California
- The Dental Board of California compels dentists to respond to investigator requests for records and information.
- California’s rules do not compel dentists to admit negligence, agree with an investigator’s characterization of an incident, answer broad questions, or tell their side of the story.
- Dentists in California have the right to consult with legal counsel before responding to any requests from board investigators.
Contact the Professional License Defense Team
If they become part of a board investigation, licensed professionals in any field should recognize the following:
- Judiciously limiting answers to investigators’ questions is not an obstruction of the investigation
- Asking for investigators’ questions in writing is not a sign of guilt
- Asking to speak with legal counsel before proceeding is not non-cooperation
Contact the LLF National Law Firm’s Professional License Defense Team the minute an investigator calls. We’ll help you navigate this process, upholding your duty to cooperate without veering into self-incrimination. Call 888-535-3686 or send us a message online and tell us about your case.