Not Cooperating With an Investigation

You have just received notice from the Department of Health that you are being investigated in response to a complaint that has been filed, and the investigator has asked that you provide a written response and related documents.What if the investigator has asked you for documents that you would otherwise consider confidential, such as tax returns? Shouldn’t the Department have to jump through legal hoops to get these documents?Consider whether declining to provide such documents might constitute “unprofessional conduct.” Indeed, failure to cooperate with the disciplining authority by not furnishing any papers, documents, records, or other items, besides not furnishing a “complete explanation” regarding the complaint, is itself unprofessional conduct. RCW 18.130.180(8)(a)-(b).In one case, the Court held that because a dentist had a statutory obligation to comply with the investigation pursuant to RCW 18.130.180(8), he could not have voluntarily consented to the warrantless inspection of his office. Seymour v. Washington State Dep't of Health, Dental Quality Assur. Comm'n, 152 Wn. App. 156, 168, 216 P.3d 1039 (2009). However, it mattered that at the time of the inspection, no determination of merit had been made yet by the Department to proceed with an investigation. If an investigator jumps the gun, the Department may be found to have violated your rights under the Fourth Amendment.Regardless, you will want to carefully consider the risks in refusing to provide documents requested by the Department, notwithstanding whether the allegations in the complaint are valid, including whether providing requested documents will implicate potentially criminal behavior, or how easily the Department will be able to jump through the legal hoops and at what financial cost to you.