Temporary Suspension of a License

Suspended Before a Hearing

Most board cases move slowly, but a temporary suspension does not. Under many of Pennsylvania’s practice acts, including the Medical Practice Act, the Professional Nursing Law and the Pharmacy Act, a board may temporarily suspend a license, without a hearing, under circumstances it determines to be an immediate and clear danger to public health and safety.

The order is issued upon notice to the licensee’s last known address, with a written statement of all the allegations. When one arrives:

  • Stop practicing as of the date the order takes effect
  • Note the date the order was issued and received
  • Read the written statement of allegations carefully
  • Calendar the 30-day window for the preliminary hearing
  • Gather the records and witnesses that answer the allegations
  • Keep the order, the envelope and every related document
  • Speak with a licensing lawyer the same day

The Preliminary Hearing

Under those laws, the board must conduct, or cause to be conducted, a preliminary hearing within 30 days after the order is issued. The question at that hearing is whether there is a prima facie case supporting the suspension.

The licensee may be present and represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony, and make a record of the proceedings. If there is no prima facie case, the license must be restored immediately. Because the window is short, preparation should begin the day the order arrives.

How Long It Lasts and What Follows

A temporary suspension is not the end of the case. It runs alongside the formal disciplinary action that must follow it.

Up to 180 Days

Under those laws, a temporary suspension remains in effect until the board vacates it, but in no event longer than 180 days.

Formal Action

The board must promptly begin formal action to suspend, revoke or restrict the license. That case proceeds like any other disciplinary case, through an Order to Show Cause and, if not resolved, a hearing.

Automatic Suspensions

Some practice acts suspend a license automatically on certain events, including a felony conviction under the Controlled Substance, Drug, Device and Cosmetic Act. That suspension is not stayed while the conviction is appealed.

Questions Licensees Ask

Can my license be suspended before I have a hearing?

Yes. Under many of the practice acts, a board may temporarily suspend a license without a hearing when it determines that the circumstances are an immediate and clear danger to public health and safety. The order must be sent to the licensee's last known address with a written statement of all the allegations.

How soon is there a hearing?

Under the Medical Practice Act, the Professional Nursing Law and the Pharmacy Act, the board must hold a preliminary hearing within 30 days after the order is issued. Other boards' laws should be checked for their own terms.

What does the board have to show at the preliminary hearing?

The preliminary hearing decides whether there is a prima facie case supporting the suspension. If there is not, the license must be restored immediately.

How long can a temporary suspension last?

Under those laws, the temporary suspension stays in effect until the board vacates it, but no longer than 180 days. The board must also begin formal action to suspend, revoke or restrict the license, and that case continues on its own track.

What is an automatic suspension?

Some practice acts suspend a license automatically on certain events, such as a felony conviction under the Controlled Substance, Drug, Device and Cosmetic Act. For this purpose a conviction includes a judgment, an admission of guilt or a plea of nolo contendere, and the suspension is not stayed while the criminal case is appealed.

Can I keep practicing while I challenge the order?

No. A temporary suspension takes effect when it is issued and remains in effect until the board vacates it or it expires. Practicing while suspended can itself be a violation.

Meet Your Attorney

Steven A. Mimm, Esq.

Steven A. Mimm, Esq.

Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).

About Attorney Mimm

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.

Request a Consultation (215) 692-2062

Last reviewed October 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.

Request a Consultation

To discuss a licensing matter with Attorney Mimm, call (215) 692-2062 or request a consultation online.