What is an Interim Suspension Order?
An Interim Suspension Order (“ISO”) is an emergency order issued by a state licensing Board which immediately suspends a licensee’s ability to practice their profession, pending a full hearing.
A licensing Board will file a petition for the ISO and the case will be heard before an Administrative Law Judge (ALJ). The licensee (called the “Respondent” in these matters) must be given 15 days’ notice of the ISO hearing.
An ALJ is authorized to grant the ISO petition if the Board can prove by a preponderance of the evidence that continued licensure endangers the public health, safety, or welfare and that to continue his or her activities without restriction would result in harm to the public.
After an ISO is issued, the Board (called the “Complainant” in these matters) is required to file an Accusation against the licensee’s professional license within a shortened timeframe; this can depend on the Board and the relevant statutory authority, but is typically within 30 days of the ISO being issued. Sometimes a licensee will stipulate to an ISO rather than defend the matter at an ISO hearing. This will allow additional time to focus on defending the pending Accusation at a full hearing on the merits by presenting evidence demonstrating mitigation and rehabilitation. Often expert testimony will be necessary to evaluate any alleged standard of care issues.
If the deadlines for filing an Accusation and having a hearing are not met, the ISO is automatically dissolved by operation of law.
Timing Can Be Critical. Contact our Healthcare License Defense Lawyers Today!
At the Law Firm of Marvin Firestone, MD•JD, & Associates, LLP, our license defense attorneys have successfully defended against ISOs, negotiated terms of ISOs, and represented licensed professionals before ISO hearings. If you have received notice of an ISO against your license, we can help evaluate the best course of action under the unique circumstances of your case and build a defense strategy that has the best prospects of protecting your professional career.
Timing can be critical. Contact us today to schedule a FREE and confidential consultation by filling out our online form, or call our Northern California law firm directly at (650) 212-4900 1-800-LAW-MDJD (1-800-529-6353).
