We understand that choosing the right legal assistance is an often frustrating and intimidating process. Our goal is to help you make the process as painless as possible, no matter what the situation may be. Read some of our frequently asked questions (FAQs) below to find answers. Contact Sellers, Foxhoven, Galenbeck & Nelson for information relevant to your situation.
What types of situations may trigger a professional investigation?
An investigation may arise through:
- Admissions or statements on renewal applications
- Settlement of malpractice cases
- Civil or criminal cases or convictions
- Administrative proceedings such as peer reviews
What is a peer review?
Peer review is a process of evaluation of a person’s professional work by other professionals in the same field. There are numerous federal and state provisions that can affect peer review proceedings and many hospitals, professional groups and other entities and businesses have peer review guidelines about how peer review processes are handled. Many peer review proceedings require reports to licensing or other agencies upon the conclusion and should be taken seriously. Legal assistance should be obtained at the earliest possible date when it appears that anything that a licensee may have been involved in might be subject to questioning or review.
What is a Notice of Hearing and Statement of Charges?
This document means that a formal decision has already been made that there is probable cause to discipline your license. Your license is already at risk and it is imperative that you contact an attorney immediately so that you can determine how to best proceed.
What if I did nothing wrong?
Even if that’s true, anything you say or do will be used against you. Many board cases involve opportunities for the attorney to request preliminary procedures that can increase the chances of stopping the process or that might minimize any damage from these procedures. The board’s hearing process will provide you an opportunity to establish your innocence; however, the goal of your attorney is to avoid or mitigate any possible harm at the earliest opportunity.
What can the licensing board do to me?
Licensing boards can, among other things, do the following:
- Issue a warning
- Assess a fine
- Suspend your license
- Require continuing education
- Require probation, monitoring, or restriction of your license
- Demand that you undergo a competency or other type of assessment (at your own cost)
- Impose sanctions
- Revoke your professional license
In other words, licensing boards have total authority over your career.
An investigator arrived at my business/home with a subpoena or questions. What should I do?
Before complying with such a subpoena or answering any questions, you should advise the investigator that you need to first contact your attorney. Remember, it is important not to discuss anything with an investigator until you have contacted your lawyer.