Consent Agreements Explained
What a Consent Agreement May Contain
A consent agreement is a negotiated resolution between the licensee and the prosecuting attorney that has no effect unless and until the board approves it and issues the stipulated order. It may provide for a civil penalty, a reprimand, probation, additional education, monitoring or suspension. Once approved, it is a public disciplinary action, and its terms warrant careful negotiation.
Terms vary with the profession and the conduct, and may include the following.
- Stipulated facts and the violations the board will find
- A civil penalty and the costs of investigation
- A public reprimand
- Probation with conditions, such as monitoring or practice limits
- Required continuing education or treatment
- A suspension, which may be stayed in favor of probation
A Public Record
Final disciplinary orders, including approved consent agreements, are public records. Disciplinary actions appear on the Department of State's license verification system and in its published lists of disciplinary actions, and actions against health care practitioners are reported to the National Practitioner Data Bank. For that reason, even a modest complaint deserves prompt attention. A single disciplinary record for a continuing education violation, or for practicing six months or less on a lapsed license, may be expunged on application after five years.
Negotiating the Terms
A consent agreement is negotiated with the prosecuting attorney before it is presented to the board. The wording of the facts, the sanction and the conditions all matter, because the agreement will be public and may be reported to other states and to national data banks.
Questions Licensees Ask
What if the board rejects a consent agreement?
If the board declines to approve a proposed consent agreement, the matter returns to the prosecuting attorney and may be renegotiated or proceed to hearing. Consent agreements commonly include a waiver of certain objections, including objections based on the board's review of the proposed agreement. Before the State Board of Medicine, the regulations also provide that admissions made in settlement negotiations or in a rejected consent agreement may not be used against the licensee in a formal disciplinary proceeding, although the prosecutor may still prove the same facts with other evidence.
Can a matter be settled before formal charges are filed?
A matter can often be resolved by consent agreement before an Order to Show Cause is filed; the State Board of Medicine’s regulations, for example, allow settlement at any stage of the complaint, investigation or hearing process.
Will a consent agreement be reported to other states?
Final disciplinary orders, including approved consent agreements, are public records, and actions against health care practitioners are reported to the National Practitioner Data Bank. Licensing boards in other states may take their own action based on Pennsylvania discipline.
Do I have to admit wrongdoing?
The wording of any admission is negotiated, and the licensee should understand exactly what is being admitted before signing.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: Licensing and FAQs · All Licensing Boards
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.