Professional License Defense Lawyer in Louisiana
Each year many professionals lose their license to practice. In some cases, the license is suspended for a definite period of time; in other cases, it is permanently revoked. There can be many reasons why a practicing licensed professional loses their right to work in the career of their choice. This decision is generally taken by the regulatory body that issues the license and monitors all licensed professionals in that particular segment. The goal of this monitoring is to ensure that the professional in question lives up to the standards that the Board maintains. If you are in a situation where there is a risk that you might lose your professional license, you need to contact a professional license defense lawyer as soon as possible.
Common Reasons for Losing a Professional License in Louisiana
As mentioned above, there can be many reasons why a certain professional may be facing a situation where their license to practice is about to be suspended or revoked. The reasons why professionals can lose their license are numerous and include the following:
- Fraud – this is one of the most common reasons why seemingly dedicated and reliable professionals end up losing their license. Fraud could include fraudulent billings, running a Ponzi scheme, etc.
- Using someone else’s license to render services – this is another big no-no as far as most professional regulatory bodies are concerned. If you use a false license, you will most likely lose the chance to ever practice again in your particular field.
- Having a fraudulent diploma or degree – this is another form of fraud where the professional claims to have a diploma or degree but have never really acquired any education from the institute in question.
- Embezzlement – this is a major reason for professionals losing their license to practice. This form of activity is more common in the financial industry.
- Negligent care – this is another reason that is becoming an area of concern day after day. Providing negligent care can result in a professional losing their license. This type of violation is generally observed in healthcare.
- Stealing – this is another major reason for license suspension. Some professionals are in a situation where they can steal something valuable. People who do so are putting their life, their career and their entire future at risk.
- Drug and alcohol abuse – this is another commonly cited offense. Any professional – be it a doctor, a dentist or a lawyer who does not provide the service that they are obligated to provide because they are under the influence of drugs and/or alcohol could end up losing their license.
- Selling prescription drugs – this is another major violation that could result in the suspension or revocation of a professional license.
- Gross incompetence – this is also quite common and basically, means that if a certain professional lacks the capacity to function as a licensed worker and does not provide their clients the quality and standard they deserve, these professionals have reached a point where they become a danger to society. Gross incompetence is thus a very common reason for professionals to lose their license.
- Provides a service which is below the accepted standard of care – this is also a reason for license suspension or revocation. What this means is that any normal individual is required to demonstrate a certain standard of care with their clients. If they fail to do so, a complaint can be filed against you, and they could lose their license.
- Improper behavior such as having sexual activity with patients – this is one of the worst cases of improper professional behavior. If the individual in question engaged in any sexual activity with any of their patients, colleagues and/or peers, they could face very dire consequences.
- Failing to repeatedly maintain HIPAA compliance – this is required by law and failure to do so can result in a revocation or suspension of your license.
- Criminal charges which mean that if a licensed professional is facing criminal charges for another crime such as robbery, murder, child pornography, etc., they will lose their license immediately.
- Is using unproven and experimental remedies and devices to manage patients or provide services to the public. This can result in serious action by the Board.
All professionals in Louisiana are governed by their respective State Board of licensing. These entities regulate both licensing and credentialing of professional in the state. In addition, the agency also investigates any complaints against any professional and has the legal authority to suspend or revoke licenses. If you are in such a situation and a complaint has been filed against you, you need to speak to professional license defense lawyer.
What types of professionals need a license to work in Louisiana?
Most professional careers today can only take off if the individual in question acquires the right education, the right grades and the right professional training. Many of these professionals require that individuals only practice once they have acquired a license from the respective Board. Some of the common professions that require a license to work in
- Physician
- Dentist
- Lawyer
- Optician
- Nurse
- Accountant
- Engineer
- Electrician
- Plumber
- Builder
- Physiotherapist
- Occupational therapist
- Doctor of podiatry
- Chiropractor
- Acupuncturist
It is thus evident that many professionals working in different industries and segments can face a situation where there is no other option but to lose their license. This can happen if a complaint is filed against them with the Board and if the Board has the necessary evidence to reach a conclusion. If you are facing the possibility of losing your license, you should contact a license defense lawyer as soon as possible.
How does a Louisiana professional know that a complaint has been filed against them?
In general, the agency to receive any complaints about a particular professional is the specific licensing board. Before a professional licensing board issues a license, they make it clear that there are certain standards that the professional must fulfill to be able to continue to work in this particular field. If there is any violation of the standards, the Board has the authority to suspend or revoke a professional’s license.
As soon as the Board receives a complaint, it will start to investigate the complaint to ensure that all facts are collected and that the decision to suspend or revoke is taken objectively. The Board may contact other people who work with that individual to get an idea about the level of professionalism generally demonstrated by the accused. Then the board will send the professional a certified letter informing them that a complaint has been filed against them and that they are being investigated. At this point, the decision to respond to the Board should be made with great caution. Anything you say or write back can be taken as evidence against you. So unless the complaint is minor, it is wise to hire a license defense lawyer to deal with the Board on your behalf.
Who can file a complaint?
Licensing boards can receive complaints from anyone including clients, patients, colleagues, law enforcement, family or employer. In fact, anyone can contact the board to file a complaint if they feel that a violation has occurred. In some cases, the complaint may be started by the Board itself if they suspect or receive any notification of a possible violation. For example, if you have falsely denied any criminal conviction on your application and if the Board discovers, that you did, in fact, have a criminal conviction, this is a serious matter. You cannot lie to licensing authorities. If caught, your license will be suspended. Talk to professional license defense lawyer in this regard.
What happens if the licensed professional has a criminal record?
Unfortunately during training, medical school, residency or even during professional practice, some professionals are convicted of a crime and have a criminal record. When applying for a license, there is a section where one is asked to say Yes or No with regard to having a criminal record. It is important not to lie to this question because the licensing boards in New Orleans, Louisiana always perform a criminal background check on all applicants. If you have lied, this information is likely to come out and could result in your license being suspended or completely revoked.
Similarly, if you have a criminal conviction, the decision to give you a license will greatly depend on the crime and the penalty. The few crimes that often lead to loss of license are possessing child pornography, sex offense (rape), and fraud or murder. Every time a licensed professional is involved in a case that involves moral turpitude, there is a real risk of loss of license.
In rare cases, some professionals can regain their license to practice their trade even after a major criminal offense, but this often requires the help of a license defense lawyer. Most Licensing Boards in Louisiana try very hard not to permanently suspend licenses and may issue provisional, probationary or some type of restrictive license after conducting a hearing on the present character, fitness, and morals of the accused. The best advice is to let counsel assist you with the applications and speak to the Board during the process. Remember whatever you say can be used against you. That is why it is a good idea to speak to your professional license defense lawyer only.
How to respond to the Board if a complaint has been filed
Once you have been contacted by the Licensing Board telling you that you are under investigation, you should tell them you are in in the process of hiring a license defense lawyer, who will contact the board on your behalf. Remember the Board is trying to get to know the facts of the case and anything you say or write can be used against you. Therefore, the best advice is to say little and let your professional license defense lawyer deal with the questions.
Once you tell the Licensing Board that you have retained the services of a license defense lawyer, they will no longer contact you without the approval of your counsel and yourself. Furthermore, your professional license defense lawyer can maintain communications directly with the Board’s investigators and determine what the allegations are what type of preparation you will need to fight the charges.
In some instances, a conviction for certain crimes mandates revocation or suspension of the license unless one can show that the continued issuance of a license is in the best interest of the public. In such scenarios, it is best to have a professional license defense lawyer advocate for you and put forward evidence that shows your professional integrity and moral character.
Does a DUI charge affect my license?
Many professionals lose their license to practice temporarily as a result of a drunk driving conviction. In some cases, the Board may ask the professional to undergo rehabilitative therapy for chemical dependency and alcohol counseling. Keep in mind that a defense license lawyer can help you enormously if this is your first DUI. They can also help you preserve your license as long as the Board agrees that you will be in a monitored program or in an alcohol treatment facility. However, in almost all cases, first-time offenders are treated lightly and may get their license back, but if you are not compliant with the treatment recommended or are charged with a second or third DUI, your license can be permanently suspended.
I have to go for a hearing with the Board. Do I need a professional license defense lawyer?
When a complaint has been filed against you, the board may ask you to come for a formal interview. This indicates that the matter is serious and there is a good chance that the Board is considering suspending or revoking your license through formal administrative proceedings. You should always seek assistance from a professional license defense lawyer so that they can advise you as to what you should say and what you should not say.
I received a letter from the Board that my license in Louisiana will be suspended. What’s next?
If you ever get a letter from the Licensing Board that your license will be suspended, the first thing you should do is to see a professional license defense lawyer. When the Licensing Board becomes aware that you have hired a lawyer, their stance often softens. However, if you have committed a serious offense like murder or have been involved in child pornography, they will proceed as usual.
In many minor cases when a license defense lawyer has been hired, the Board is often willing to negotiate alternative remedies and settlement. At this hearing, the Board has the burden of proof to try to prove that you are unfit to practice your trade or are a danger to the public. Your professional license defense lawyer, on the other hand, is required to do the exact opposite. They can help build a defensive strategy that can nullify the board’s position and show that you are still fit to practice, albeit with some type of rehabilitation.
What is a rehabilitation order?
The Licensing Boards are fully aware that some professionals have a substance abuse problem. The Boards are also aware that just revoking their license is not always the ideal solution. Hence, once you have been charged with alcohol or substance abuse, the Board will order a rehabilitation order in lieu of any disciplinary measure. The aim of this rehabilitation order is to help the professional get some help so that they can get on with their life. This Rehabilitation Order also encourages the professional to self-report any relapses and seek early treatment rather than be suspended from practicing their trade.
A rehabilitative order may be issued in the following circumstances:
- When the professional suffers from an addiction that is due to pharmacological therapy- e.g., use of opioids to treat pain
- The professional has self-reported that they are using alcohol or prescription drugs and would like to be rehabilitated. However, they should be first offenders, or things may not be very simple.
- The professional has been examined and has been found to be of unsound mind and may benefit from rehabilitative therapy
- The professional has some type of mental or physical impairment that can be helped by rehabilitative therapy
- The professional is suffering from a chronic physical or mental illness that may be helped by rehabilitative therapy.
Once the Board agrees to rehabilitation order in lieu of any other disciplinary action, it is vital that they remain compliant with the order. Any deviation, relapse or repeat offense can lead to permanent revocation of the license.
Retain an Experienced Professional License Defense Lawyer in Louisiana
When the Licensing Board writes a letter to you telling that you are under investigation, time is of the essence. The Board will clearly state that you have a certain time limit to respond. Thus, it is vital that you take this matter seriously and meet with a professional license defense lawyer in Louisiana as soon as possible. Call an experienced professional license defense lawyer at Bart Bernard in Louisiana to schedule an appointment. Any delay on your part can mean the loss of your Louisiana license to practice.