faq
Do I Need an Attorney?
In many cases an attorney can improve the outcome.
The Board is my friend, right?
The biggest mistake most health care professionals make is assuming that their licensing Board is on their side. They may be friendly, but they are not your friend. The Board’s overriding mission is to protect the public and NOT the licensee. A licensee needs experienced, personalized and effective assistance in order to protect their license, reputation, career and livelihood.
What should I look for in an attorney?
Specific experience with the particular licensing board or regulatory entity you are dealing with. It is also helpful if the attorney has experience with the particular problem, subject area, or circumstances. The attorney should have mastery of administrative law as well as the statutes and rules governing the individual’s license.
Can’t I just represent myself?
It can’t be that big of a deal, can it? Most licensees do not understand the legal process nor do they have the time to devote to protecting their career. Very few practitioners would consider representing themselves in a malpractice case, but they willingly enter the hazardous arena of a regulatory board on their own. While a malpractice case can negatively affect your bank account and your insurance premiums, an administrative board action can not only have an adverse financial impact and make getting insurance coverage more difficult, it can entirely eliminate your ability to practice your chosen profession.
Should I just get my malpractice attorney, family lawyer, or real estate attorney to represent me before the Board?
Only if they have experience in the particular area and before the specific agency. Unlike other lawyers, the attorneys at McDonald, Mackay & Weitz, LLP focus on the practice of administrative/regulatory law and have done so for a combined fifty years. All of the attorneys at our firm have worked for a healthcare regulatory agency, so we understand the process and nuances of such representation. We regularly attend continuing education in the area of Administrative Law so that we remain current.
If I just explain what happened to the board investigator won’t the whole matter simply go away?
It is unlikely. Usually, the best time to hire an attorney is as soon as you discover there is a possible problem. Remember, anything you say or put into writing to the Board or anyone other than your lawyer can typically and will most likely be used against you. Once you have hired a lawyer, you should not communicate with the Board or opposing side without your lawyer’s knowledge and approval. Be sure to provide all information to your attorney so that your interests can be properly defended.
The Board has not found out yet, but I have been arrested and may be convicted of a crime. Do I need a lawyer to protect my license and ability to continue to practice?
Not only are you well advised to contact an experienced criminal lawyer, but you may also need to coordinate with an administrative lawyer to protect your privilege to practice. In some instances, a felony conviction is grounds for mandatory license revocation or denial of your application for a license. Even a misdemeanor, deferred adjudication, pretrial diversion, or deferred prosecution can have dire consequences. Sometimes even an arrest can have serious repercussions.
I am trying to get licensed. Can a lawyer help me?
In many cases, a lawyer can help. If there are any areas of concern with your application such as criminal history, substance abuse problems, mental health issues, academic difficulties, lawsuits, or standard of care questions an experienced attorney may be able to assist you.
If I have an issue with drugs, alcohol, or a mental illness, will the Board just take away my license or deny my application for a license?
Not necessarily. These issues are very complicated and require careful evaluation by an experienced attorney. Substance abuse and mental health are serious concerns for all Boards and regulatory agencies. There are a number of actions that a licensee or applicant can take to mitigate or minimize licensure problems. Consulting an administrative attorney early on is recommended.