Frequently Asked Questions About Licensing Disciplinary Actions

If no response to the Administrative Complaint is received by the Bureau of Health Professions, the Administrative Complaint is sent to the Board's Disciplinary Subcommittee for discussion and probable imposition of sanction upon your license according to MCL 333.16226, depending on the allegations that are deemed admitted.

You need to file a response to the allegations, and deny the untrue allegations in the Administrative Complaint.

Quite the contrary! The Board's Disciplinary Subcommittee will understand that you are contesting the allegations, and have defenses to what is being alleged.

You are not required to have an attorney to represent you. However, keep in mind that the outcome of licensing actions may result in criminal charges, limitation of or suspension of your license, ineligibility to participate in federally funded health programs, and actions against any licenses you hold in other states. A good defense is an investment in your professional future.

Any allegations against your license, which may result in a sanction, are serious. So, having legal help as you go through an investigation or file an Answer, or attend an informal or formal meeting or Hearing, will be very beneficial to you. An attorney can be hired at any step in the process, but the earlier, the better. Some licensees wait until the last minute to decide they are not qualified to represent themselves, only to find that options that would have been available to them earlier are no longer available. An attorney who regularly handles licensing administrative law matters will know and understand the unique aspects of licensing law that other legal practitioners may not know. Additionally, it is helpful to have an attorney on your side who knows the "players" on the other side, and can advise you of what to expect and how to properly prepare your case before it is ultimately decided by your Board, and while you still have options.

An attorney can recommend certain documents or pieces of evidence to help the persons handling your case at the state level understand your defenses. An attorney can also recommend things that you can do to address the concerns raised in the Administrative Complaint, before you meet with licensing personnel. This can make a big difference in the kind of sanction that may be imposed, or in obtaining a dismissal of the Administrative Complaint.

You had better make certain that you understand fully what the terms and conditions are, and how the Consent Order will affect your future practice, your membership in professional organizations, the likelihood of you obtaining licensure in other states, or possible entry into professional schools, colleges, or programs, because ONCE A CONSENT ORDER IS ADOPTED BY THE BOARD'S DISCIPLINARY SUBCOMMITTEE, IT IS FINAL AND IT IS PERMANENT! It will not be expunged at a later date, and in almost all cases, it will be reported to the National Practitioner Data Bank.

Yes, and you will have to sign an affidavit attesting to the fact that you have shown your employer not only the Consent Order, but the Administrative Complaint upon which the Consent Order is based.

That is a very serious consequence that may result from the entry of a proposed Consent Order. So, before you agree to such an Order, you need to discuss any options that you might have with someone knowledgeable about the process with which you are dealing. Remember, once the Consent Order is entered, it is permanent, and it is also reported to other states under the "sister state" reporting acts. An experienced attorney will be able to help prepare you for the discussion that you and your employer will have if the Consent Order gets entered. This can make a huge difference in the ultimate outcome.

Most attorneys who practice this type of law can provide you with an estimate for your specific case. Also, attorneys may have alternative payment plans that may help you to retain legal counsel. Insurance companies may also provide for disciplinary defense benefits so that you can retain experienced counsel to help defend your license. So, when you talk to an attorney, ask about payment options, estimates, and by all means, discuss any insurance that is available. Remember, the least expensive attorney isn't always the best, especially if he or she is not familiar with this type of law or your type of case.

It is, but you and/or your attorney will need to prepare with this goal in mind from the very beginning. There are things that can be done to optimize your chances of getting the Administrative Complaint dismissed. Understand that the analysts and the Assistant Attorneys General who handle your case don't have the authority themselves to dismiss an Administrative Complaint once it is filed and served on you. Only the Board's Disciplinary Subcommittee (or the Board, in some circumstances) has that authority. So, if you do hire an attorney, it is important to work with someone who knows how cases get dismissed, and you to maximize your chances of a dismissal.

All Boards have guidelines for reinstatement, and those packets can generally be obtained online through the Bureau of Health Professions, Licensing and Regulatory Affairs, by going to your Board's home page. Keep in mind, however, that if you do apply and go to Hearing, and then to the Board for reinstatement, and then get turned down, you will have to wait another year to reapply. It is critically important that you are fully prepared to proceed with the Hearing when it is scheduled. An experienced licensing attorney can help you maximize your chances of showing compliance with the guidelines for reinstatement.