Professional Licensing and Appeals Litigation
The greatest assets healthcare professionals possess are their licenses to practice their chosen disciplines. State licensing boards have been trending toward imposing stricter licensure requirements for years, and those boards have also become far more vigilant in monitoring their licensees’ conduct and imposing disciplinary action—including license suspension or even revocation—when a licensee’s conduct fails to comport with the professional standard. That standard relates not only to the care healthcare professionals provide, but also to their interpersonal behavior and allegations of fraud and abuse.
Representative Matter: A DBS attorney won dismissal of a disciplinary complaint concerning a patient death that was brought against the treating physician at the Board of Registration in Medicine.
Healthcare litigation can arise in many different contexts in the licensing setting, including appealing the denial of a license, resisting state board efforts to impose disciplinary action, and, in jurisdictions where the licensing board maintains a data repository of information on each licensee, petitioning the board to correct or clarify potentially damaging information. And while these types of cases can, in certain circumstances, find their way into court, the vast majority of professional licensing litigation plays out in the administrative setting before the state licensing boards.
For example, one of the primary functions of licensing boards is to monitor the conduct of its licensees. In doing so, most healthcare professional licensing boards proscribe a lengthy list of conduct by its licensees including any violations of law (criminal or even state regulations), drug and alcohol related conduct (e.g., practicing while intoxicated or impaired by drugs, being habitually intoxicated or addicted to drugs), and other dishonest conduct (e.g., cheating on examinations, or aiding someone in unlicensed practice). Many state boards also encourage, or in some cases require, individuals (including the licensees’ peers) and facilities to report such conduct-based violations so the board can conduct an investigation. Given the breadth of actions that are considered misconduct, and the number of people and facilities who are scrutinizing licensees, complaints and reports to the board are as frequent as ever.
Whenever complaints and reports are lodged with the state board, the subject licensees will quickly find themselves in the position of having to file a written response or even appear at an in-person hearing to defend themselves or else face the very serious prospects of having their license suspended or, in some cases, revoked (among other penalties). Because licensees are often fighting for their livelihood before state boards by trying to prove their innocence, board licensing and disciplinary proceedings often take on some of the characteristics of a criminal trial. In this sense, licensees facing serious discipline issues should consult with counsel early, and ensure that they select counsel who has both healthcare and criminal litigation experience.
Representative Matter: A DBS attorney won reinstatement for a physician whose medical license had previously been denied by the Board of Registration in Medicine.
Given the level of scrutiny currently imposed on healthcare professionals, and the high stakes that are involved any time license suspension or revocation is a possibility, caution is almost always the best possible approach for licensees. But because even a small, momentary lapse in judgment—or, in some cases, merely an allegation of a lapse in judgment—can affect one’s license status and place a healthcare professional’s entire reputation and livelihood in jeopardy, healthcare professionals should always treat board licensing issues with the utmost seriousness by retaining (or at least consulting) an attorney who is experienced in navigating the quasi-judicial state healthcare licensing board processes at the first sign of a possible problem.
Learn more about Barrett & Singal's services in the area of Healthcare Litigation
This website presents general information about Summit Health Law Partners and is not intended as legal advice nor should you consider it as such. You should not act upon this information without seeking professional counsel.
Please note that contacting Summit Health Law Partners by email, telephone or facsimile will not establish an attorney-client relationship, obligate us to act as your attorney or impose an obligation on either the law firm or the receiving lawyer to keep the transmitted information confidential. Completion of Summit Health Law Partners' new client intake protocol, including without limitation the firm’s conflicts checking process and an engagement letter, is necessary to establish an attorney-client relationship. Absent a current attorney-client relationship with Summit Health Law Partners, any information or documents communicated or transmitted by you to Summit Health Law Partners will not be treated as confidential, secret or protected in any way. If you are not a current client of Summit Health Law Partners, please do not send any confidential information to us through this website or otherwise concerning any potential or actual legal matter you have. Before providing any confidential information to us, you must obtain permission to do so from one of the firm’s lawyers. By clicking "Accept," you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us unless we already represent you or unless we have agreed to receive limited confidential material/information from you as a prospective client.
If you would like to discuss becoming a client, please contact one of our attorneys to arrange for a meeting or telephone conference. If you wish to disclose confidential information to a lawyer in the firm before an attorney-client relationship is established, the protections that the law firm will provide to such information from a prospective client should be discussed with the firm attorney before such information is submitted. Thank you for your interest in Summit Health Law Partners.