What Is Summary Suspension and When Can It Happen?

A summary suspension (also called an emergency suspension or interim suspension) is the most immediate and severe action a licensing board can take against your license. It takes effect immediately, before you have had a full hearing, and it means you must stop practicing right away.

Understanding what triggers a summary suspension, your rights, and how to respond is critical.

Key Takeaways

• Summary suspension takes effect immediately and prohibits you from practicing
• It is reserved for situations where the board determines there is an imminent threat to public safety
• You are entitled to an expedited hearing, typically within days to weeks
• Summary suspensions are relatively rare
• You should immediately consult an attorney if you receive one

What Is Summary Suspension?

A summary suspension is an emergency action by a licensing board to immediately suspend a professional's license before the completion of a full investigation or hearing. It is an exception to the normal due process requirement that you be given a hearing before your license is restricted.

The legal basis for summary suspension typically requires the board to demonstrate:

• That there is an imminent danger to the public health, safety, or welfare
• That immediate action is necessary to protect the public
• That the evidence supporting the suspension is credible and compelling

What Triggers Summary Suspension?

Summary suspensions are typically triggered by situations involving:

• Practicing while impaired: Evidence of alcohol or drug use while practicing
• Criminal charges: Serious criminal charges, particularly those involving violence, sexual offenses, or fraud
• Patient or client abuse: Allegations of physical, sexual, or emotional abuse
• Immediate public danger: Evidence that continued practice poses a direct and immediate threat
• Diversion of controlled substances: For healthcare professionals, diverting medications
• Gross negligence resulting in serious harm: In egregious cases involving significant patient harm

Your Rights After Summary Suspension

Even in an emergency situation, you retain important rights:

• Right to notice: You must be given written notice of the suspension and the reasons for it
• Right to an expedited hearing: Most states require a hearing within a short timeframe (often 10 to 30 days)
• Right to legal representation: You can and should hire an attorney immediately
• Right to present evidence: At the expedited hearing, you can present evidence and challenge the board's basis for the suspension
• Right to appeal: You can appeal the suspension through the court system

What to Do If You Receive a Summary Suspension

1. Stop practicing immediately: Continuing to practice after a summary suspension is a separate violation
2. Contact an attorney immediately: This is an emergency situation requiring professional legal help
3. Read the order carefully: Understand exactly what is prohibited and what your rights are
4. Prepare for the expedited hearing: Begin gathering evidence and preparing your defense right away
5. Notify your employer: You are typically required to inform your employer
6. Document everything: Keep records of all communications and actions you take

Common Mistakes to Avoid

• Continuing to practice: This will result in additional charges and potential criminal liability
• Waiting to get an attorney: Time is critical in summary suspension cases
• Contacting patients or clients about the suspension: Follow your attorney's guidance on communications
• Not preparing for the hearing: The expedited hearing is your opportunity to challenge the suspension

Frequently Asked Questions

How long does a summary suspension last? Until the expedited hearing, at which point the board decides whether to continue, modify, or lift the suspension.

Is a summary suspension the same as revocation? No. A summary suspension is temporary and subject to further proceedings. Revocation is a final action.

Can I work in another field during a summary suspension? The suspension affects your professional license. You may be able to work in an unrelated field, but consult your attorney.

Will I get paid during a summary suspension? This depends on your employer. Some employers provide paid administrative leave; others do not.

Can I challenge the summary suspension in court? Yes. You can seek a court order to stay or reverse the suspension, though courts typically defer to the board's initial determination.

How BoardWise Can Help

If you are facing a summary suspension, time is critical. BoardWise can help you quickly organize your documentation and prepare materials for your expedited hearing.

*BoardWise provides educational information and drafting assistance for license defense. We are not a law firm and do not provide legal advice.*