New York Professional License Defense Lawyers

Attorneys Helping Businesses Defend Against Discipline to Professional Licenses in New York City

Professional licenses are required for people who work in certain occupations. Professionals will spend years obtaining education, passing examinations, and meeting the requirements to earn their licenses. In some cases, professionals may face disciplinary action when licensing authorities receive complaints about misconduct, ethical violations, failure to maintain professional standards, or other concerns. Disciplinary proceedings can result in the loss of a professional license and other penalties. These issues could also damage the reputation of a business.

Professionals and business owners who are facing possible disciplinary action will need to understand their legal options. The lawyers at Health Counsel Group can provide guidance in these situations, working with professionals to defend against discipline and helping businesses avoid problems that could affect their operations or profitability. With our thorough knowledge of administrative law, the standards of professional conduct, and other issues that affect businesses and professionals, we can help our clients protect their professional licenses and minimize the potential consequences that could affect their businesses.

The Importance of Professional Licenses

Professional licenses serve multiple functions. Licensing requirements are meant to ensure that practitioners have the necessary education, training, and competence. Licensing boards take steps to maintain professional standards by investigating complaints, addressing accusations of misconduct, and disciplining professionals who have committed violations. Legal oversight can help protect consumers from harm that may be caused by incompetent or unethical professionals.

For professionals, licenses are fundamental requirements for working in a particular field and building a career. Discipline to a license may result in the loss of a person's livelihood after they have invested a great deal of time and money in their education and career development.

Businesses that employ or contract with licensed professionals may also be impacted by disciplinary investigations or proceedings. Professional service businesses depend on the licenses held by professionals ensure that they can continue to operate and serve clients. Disciplinary action affecting key employees can disrupt a business's operations, damage its reputation, and threaten its future.

Licensed Professions

There are numerous professions that have licensing requirements, including:

• Healthcare Professions: Physicians, physician assistants, nurse practitioners, registered nurses, licensed practical nurses, dentists, dental hygienists, pharmacists, physical therapists, occupational therapists, chiropractors, optometrists, podiatrists, psychologists, clinical social workers, mental health counselors, marriage and family therapists, and numerous other healthcare providers.
• Design Professions: Architects, landscape architects, professional engineers, and land surveyors.
• Accounting: Certified public accountants.
• Other Professions: Veterinarians, dietitians and nutritionists, massage therapists, athletic trainers, attorneys, real estate agents or appraisers, and many others.

Each profession has its own guidelines for licensing requirements, the standards of professional conduct, and disciplinary procedures. The applicable licensing boards may investigate complaints, hold hearings, and determine whether disciplinary action is warranted.

Grounds for Disciplinary Action

Professional licensing boards may pursue disciplinary action for various types of misconduct or other issues. Common grounds for discipline include:

• Professional Misconduct: Violations of professional conduct standards may involve negligence, practicing while a person is impaired due to the use of alcohol or drugs, abandoning patients or clients, and various other forms of misconduct.
• Criminal Convictions: Certain types of crimes, including felonies, violent crimes, DUI, or offenses directly related to professional practice, can lead to disciplinary proceedings. The actions taken in response to arrests or convictions may depend on the specific offense and how it may affect a professional's practice.
• Fraud or Deception: Professionals may face discipline for making false statements on license applications, misrepresenting credentials or qualifications, fraudulent billing, false advertising, or other types of dishonest conduct.
• Incompetence or Negligence: Failure to meet the minimum standards of competence, repeated errors, or gross negligence may lead to discipline. Single instances of negligence may not warrant discipline, but patterns of substandard care or particularly egregious errors can result in disciplinary action.
• Substance Abuse or Mental Impairment: Alcohol or drug abuse that impairs a professional's ability to practice can lead to serious public safety concerns. Mental health conditions that may compromise a person's judgment or performance may also lead to disciplinary investigations.
• Sexual Misconduct: Inappropriate sexual conduct with patients, clients, students, or others in professional relationships is considered to be a serious ethical violation. These situations often involve power imbalances and a breach of trust, and professionals may face discipline that could affect their careers.
• Failure to Maintain Standards: Not completing continuing education requirements, failing to maintain insurance coverage, or otherwise failing to meet ongoing requirements may result in discipline to a professional's license.

Types of Disciplinary Action

Licensing boards have the authority to impose various sanctions. Possible disciplinary actions may include:

• License Revocation: A person's license may be permanently terminated, prohibiting them from practicing their profession. Revocation is often the most severe sanction, and it will typically require proof of serious misconduct such as sexual abuse, fraud, or incompetence. Some jurisdictions may allow revoked licenses to be restored after substantial periods and a demonstration of rehabilitation.
• License Suspension: A professional may face a temporary prohibition on practice for a specified period of time. Suspensions may range from months to years, depending on the circumstances of an alleged violation. Suspended practitioners may need to apply for reinstatement after a suspension period ends.
• Probation: A person may be allowed to continue to practice under specified conditions and monitoring. The terms of probation may require periodic reporting, limitations on practice, supervision, additional education requirements, substance abuse treatment, or other conditions. Violating the terms of probation can lead to more severe sanctions.
• Censure and Reprimand: A board may issue public or private expressions of disapproval that become part of a person's record. While these actions will not directly restrict a professional's practice, they can damage a person's professional reputation.
• Fines and Monetary Penalties: Boards may impose financial sanctions ranging from hundreds to tens of thousands of dollars, depending on the severity of a violation.

Disciplinary Procedures for Licensed Professionals

Disciplinary proceedings may begin with complaints filed by patients, clients, employers, colleagues, law enforcement, or other sources. Licensing boards will review complaints to determine whether investigations are warranted.

Investigations may involve gathering evidence, interviewing witnesses, reviewing records, and other steps that can help determine whether violations occurred. Professionals who are under investigation may receive requests for information, records, or statements. A person's responses during an investigation may affect the outcome of their case. Providing requested information can demonstrate cooperation, and a person may consult with an attorney to determine what information they should turn over or what statements they should make.

Following investigations, licensing authorities may dismiss complaints if evidence does not support violations. In some cases, they may issue warnings without proceeding with formal discipline. If discipline may be warranted, they may initiate disciplinary proceedings and hold hearings to determine what steps should be taken.

Administrative hearings may be similar to court trials, but they will follow administrative law procedures. Licensed professionals may be represented by an attorney, and they may present evidence and arguments or question witnesses. A board will evaluate the evidence presented and issue a decision. If the board determines that violations occurred, it may impose sanctions.

Defense Against Discipline to a Professional License

At Health Counsel Group, we can provide representation for professionals during disciplinary proceedings. We will make sure professionals provide the correct information to investigators to demonstrate that they have met their legal requirements. We will help clients understand what information must be provided, what voluntary disclosures may benefit their cases, and how to respond to questions from investigators.

We may be able to negotiate agreements and resolve disciplinary cases informally. A consent agreement may help a person avoid a full hearing, and it may result in reduced charges, less serious sanctions, or favorable terms that will minimize disruption to their practice. We can negotiate with licensing authorities to achieve the best possible outcome for clients.

When cases proceed to hearings, we will investigate the facts, interview witnesses, gather evidence, prepare clients to provide testimony, and develop arguments to defend against disciplinary action. We may present mitigating evidence addressing factors such as character references, steps that have been taken to remediate problems, or participation in rehabilitation programs. Our goal will be to resolve a case while protecting a person's license and helping them avoid discipline that could affect their career.

Protecting Businesses in Cases Involving Professional License Discipline

Disciplinary actions can threaten the operations of a business. We work with clients to develop strategies that will minimize disruption during disciplinary proceedings. This may involve making temporary changes to the services provided, ensuring that associates can provide coverage for a person who is facing discipline, or making changes to business operations in response to restrictions.

Reputational management may also be necessary to limit damage to a business's position in the marketplace. Strategic communication with clients, employees, and other affected parties may help to maintain business relationships and minimize potential harm. Our lawyers can provide guidance on sending messages or statements while ensuring that a person's privacy will be respected and avoiding doing anything that could affect a professional license defense case.

Contact Our New York City Professional License Defense Attorneys

When disciplinary action may affect a person's professional license, the attorneys at Health Counsel Group can help our clients protect their livelihoods, careers, and businesses. We can assist licensed professionals with complaints, investigations, or formal disciplinary proceedings. We will work to achieve favorable resolutions to these cases while making sure businesses can continue to operate successfully. Contact our New York professional license discipline lawyers at 123-456-7890 to set up a consultation and get the help you need to protect your career and business.