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Administrative Law And Professional Licensure

Attorneys in this area:

Suzanne G. Marsh | Daniel Mark Nolan

Licensed professionals and regulated businesses are subject to discipline under the rules and regulations of their respective regulatory Boards.  If you have a license, your professional license or business license is subject to rules and regulations. We assist and represent businesses and individuals, including accountants, child care agencies and centers, nurses, medical doctors, osteopathic physicians, veterinarians, dentists, psychologists, counseling professionals, funeral directors and embalmers, physician assistants, nurses and advanced practice nurses in the administrative law process.

The investigation process may start with a phone call or visit from an investigator.  You may receive a letter requesting records or a response.  In our experience, it is recommended that you have counsel to assist in the response and production of information. It is important to provide exactly what is requested. We also recommend a self-review with our client so that we can identify any potential problem areas. It is important to be objective in this process and isolate any weaknesses on the front end.

If you have received a request for records or a visit from an investigator, let us guide you through that process. In many instances, the records or interview is all that is needed in order for the matter to be concluded. In other instances, the matter may result in a Contested Hearing.

It should not be surprising that complaints and investigations often originate from competitors, clients, customers, patients, former or current employees, and even significant others. The complaint may also originate from patterns of practice and statistical data generated by reports maintained by the state.

There are circumstances where a licensed professional realizes a violation of the rules of practice, substance abuse or misuse, or other conduct that could result in discipline. Having a confidential and candid discussion of the conduct at issue and the potential repercussions is helpful. It is possible to make a plan of action to safeguard against another event and help the professional receive the support and guidance needed. There are a number of professional programs available to help individuals recognize a problem, and make a plan to address the concern while continuing in the profession.

The licensing rules and regulations can be complicated, and what seems like a minor infraction or misinterpretation may result in an action by the state. The potential for significant fines and penalties should be considered.

In addition to the monetary penalties and costs, Boards may place restrictions on a license and require attendance of continuing professional education beyond the minimum established. Boards have the ability to mandate limitations on future employment to specified environments, restrict the hours to be worked, or curtail prescribing privileges as part of a probationary plan. The disciplinary action taken by a Board can have far-reaching consequences for credentialing, future employment, and professional opportunities.

Sometimes, the inquiry or investigation is limited in scope, and no formal action results. Each Board has investigators, attorneys, and consultants involved in a screening process of complaints.  By the time the state issues a letter outlining charges and a Consent Order, the screening process has determined that action is warranted.

If the applicable Board has determined through its attorney, consultant, and investigator, that formal action is appropriate, you will receive a letter and Consent Order for your signature, setting out the violation, penalties and other conditions.  If you disagree with the Consent Order, you will need to answer the allegations.  The Board may expect a response accepting the Consent Order within a few weeks, which may not be sufficient time.

We can usually arrange for a reasonable extension of time to assist in understanding the facts and allegations. We can work with the state attorney to better understand the basis for the Consent Order and even limit the scope of the discipline or restrictions proposed by the state. Under the right circumstances, we may recommend a meeting with the client and the Board attorney to set out our client’s position.

Our representation may involve consultation with a client and advice as to fully responding and cooperating with investigations. We may be able to make a reasonable settlement and compromise with the applicable state Board. In some instances, there is no reasonable compromise available, and we can represent you through this process. This may be a trial before a Board or an administrative law judge.

  • Administrative Law
  • Licensure Actions
  • Disciplinary Actions

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Batson Nolan PLC is a full-service law firm. We represent a variety of legal matters in Clarksville, including: