Individuals in Pennsylvania and New Jersey who rely on professional licenses for their careers face unique obstacles that non-licensed employees and business owners do not encounter. The regulations and requirements for professional licensure and certification can be complex and vary across different professions.
To protect their licenses, professionals are advised to seek guidance from lawyers who specialize in this area of law. This allows them to navigate the complexities of professional licensure with confidence and safeguard their livelihoods.
Obtaining a professional license in Pennsylvania or New Jersey is a difficult process. Whether you are a doctor, dentist, nurse, teacher, counselor, lawyer, or accountant, obtaining a license demonstrates the extensive time and financial investment you have put into your education and training. It also shows your unwavering dedication to your chosen field. Therefore, it can be devastating to discover that your license is being called into question due to a complaint or allegation of misconduct. If you find yourself in this situation, it is crucial to act quickly to protect your future.
EL Law has significant experience handling disciplinary matters in Pennsylvania and New Jersey. They have the expertise to defend your professional license in these states.
When your professional license in Pennsylvania is under scrutiny, it is essential to understand the potential consequences. Whether the complaint is due to a misunderstanding, a false accusation, or a lapse in judgment on your part, the impact can be significant. It may seem ironic that after investing so much time and effort into obtaining a professional license, a single complaint could jeopardize everything.
The licensing boards in Pennsylvania and New Jersey hold considerable power to impose disciplinary measures and have a relatively low burden of proof. To safeguard your rights and increase the likelihood of a positive outcome, it is crucial to have a skilled attorney specializing in professional license defense by your side. If you are facing allegations of substance abuse, severe negligence, inappropriate sexual behavior, fraudulent activities, or any other form of violation, it is vital to promptly seek the services of a professional license defense attorney in Pennsylvania and New Jersey. Engaging legal representation at the first sign of trouble gives you the best chance of a favorable outcome.
Our team has extensive expertise in guiding licensed professionals through complex disciplinary procedures, ensuring successful navigation of the system.
Pennsylvania Disciplinary Process for Licensed Professionals
The regulatory body that granted your professional license in Pennsylvania also has the authority to enforce disciplinary measures for any violations or misconduct. For instance, physicians are accountable to the State Board of Medicine, nurses to the Board of Nursing, lawyers to the disciplinary board, and so on. The disciplinary procedures in both Pennsylvania and New Jersey are generally consistent for all licensed professionals. It is recommended that you consult an attorney for guidance on your specific case.
Here is an overview of the standard disciplinary process
Complaint
Typically, a formal complaint filed against you initiates board disciplinary procedures. In Pennsylvania, members of the public can submit initial complaints against licensed medical professionals to the Department of State Bureau of Professional and Occupational Affairs (BPOA). The complaint may originate from various sources, including patients, clients, coworkers, colleagues, healthcare facilities, etc. Additionally, if you are a licensed professional convicted of a crime in Pennsylvania, your conviction may be automatically reported to your licensing board by the courts, which can also trigger disciplinary actions depending on the offense.
Investigation
Upon receiving and processing a complaint, the BPOA assigns an investigator from the Bureau of Enforcement and Investigation (BEI) to examine the issue. The BEI investigator manages the investigation and evidence collection, which may involve subpoenaing materials, interviewing the complainant and other witnesses, and requesting a response from you. The investigator may seek to interview you directly, possibly arriving unannounced at your office. In such cases, it is strongly recommended that you politely decline to answer their questions without your attorney present, as your statements could be used against you. If the investigator’s findings are insufficient to establish your guilt, the licensing board may dismiss the complaint and consider the matter resolved. If the evidence is convincing, they may choose to take the next steps.
Consent Agreement
Throughout the investigation and before a formal hearing, your state licensing board has the power to negotiate a consent agreement with you to resolve the complaint as an alternative to holding a formal hearing. A consent agreement effectively acknowledges your guilt and your agreement to comply with specific remedies prescribed by the board. In many cases, a favorable consent agreement can be negotiated, providing a pathway for full license reinstatement. However, you should not enter into a consent agreement without the guidance of a skilled license defense attorney to ensure the terms are advantageous to you.
Formal Hearing
If the investigation phase does not result in a dismissal of the complaint or a consent agreement cannot be reached, a formal hearing will be scheduled. During this hearing, you will be required to provide reasons why your license should not be revoked by the board. The hearing will be presided over by a state hearing examiner, and you may choose to have legal representation present in your case. After the hearing, the examiner will make recommendations to the licensing board regarding disciplinary action, which can range from a simple reprimand or fine to a more severe suspension or revocation of your license.
It is crucial to have an experienced professional license defense attorney to represent you in such matters. It is a common mistake for licensed professionals to underestimate the seriousness of a complaint, thinking that they can simply explain the situation to the board. However, the board’s main concern is protecting the public, not the licensee.
As soon as a complaint is filed, the board will actively seek evidence to support it and can impose discipline based on a lower standard of evidence, preponderance, or clear and convincing evidence. This means that they only need to reach a lower certainty of your guilt, which puts you at a disadvantage if you do not have a competent attorney to defend your rights and advocate on your behalf.
A skilled professional license defense lawyer can often negotiate with the board to have the complaint dismissed or to secure more lenient penalties, greatly increasing the chances of a favorable outcome and preserving your license. An experienced attorney in Pennsylvania can defend your professional license in various ways, including representing you in all interactions with the board, gathering evidence and witnesses in your favor, drafting a persuasive written response to the complaint, negotiating for the dismissal of the complaint, negotiating the best terms for a consent agreement, and defending you at the formal hearing if necessary.