You are not required to obtain a lawyer but it is a prudent idea to retain one. Once you have secured the services of a legal representative the board or agency is prohibited from communicating with you directly without the approval of you and your counsel. Furthermore, an attorney can speak with the agency’s investigators and determine what the allegations are and what if any preparations need to be done to prepare a defense.

I have already spoken with the board or agency who issues my license and I am under investigation. What should I do?

Call an attorney immediately. Furthermore, if the Board contacts you again tell them you are in the process of hiring an attorney and the attorney will be contacting them soon. Investigators are trained professionals who are experts in soliciting information through inquiry into seemingly irrelevant matters. The existence of an attorney client relationship will terminate any further direct communication between you and the agency.

I have an informal settlement conference/show cause proceeding scheduled before a board or agency. Do I need representation?

You are not required to have legal counsel with you but it is in your best interest. Moreover, you will be prosecuted by an attorney and another attorney will most likely be counseling and advising the agency. Based on this fact alone there will be two (2) attorneys on the other side representing the board or agency and if you are not adequately represented you are at a serious disadvantage. Furthermore, the statutes and the rules are complex, so even if you have not committed misconduct or have mitigating evidence to offer, proving it up pursuant to statute or agency rule requires legal ability and experience which may lie beyond your ability.

I have had an informal settlement conference and have been offered a disciplinary order that is unreasonable or unacceptable to me. What are my options and remedies?

You can negotiate the terms of the order or reject it in which case it is likely the agency will file formal charges against you through the State Office of Administrative Hearings (SOAH). If you are unwilling to accept the offer then representation is probably a wise idea. Successful negotiation requires an understanding of the agency’s case. This is best handled by competent legal counsel. Furthermore, to successfully combat the agency in a formal administrative proceeding requires technical knowledge of the SOAH rules, the Administrative Procedures Act and evidentiary rules and procedure. This is best handled by an attorney experienced in litigation, negotiation and administrative procedure.

I have been convicted of a crime. Is my license in jeopardy?

Chapter 53 of the Texas Occupations Code governs this area. However, some agencies are not under the auspices of Chapter 53 and have their own statutes and rules regarding criminal convictions and licensee misconduct. For example, physicians, dentists and pharmacists operate under rules particular to their field. Moreover, some agencies are stricter than others regarding the same offense even though they may be bound by the same law. It is best to speak with an attorney regarding your particular situation as the facts and circumstances surrounding the arrest and conviction can alter a Board’s position. In some cases a conviction for certain offenses requires a mandatory suspension or revocation unless a showing can be made that the continued issuance of the license would be in the best interest of the public and the licensee. In these instances it is prudent to have an attorney to advocate for you and put forth the evidence that is statutorily required for continued licensure.

I have been charged with Driving While Intoxicated. What do I need to do about it with respect to my license?

Contact an attorney immediately to represent you on the criminal case and explain to the lawyer the concerns you have regarding your license. It would also be advisable to have your criminal lawyer contact someone who is familiar with the licensing statutes and the attitude the licensing agency has towards DWI and chemical dependency. In some cases an initial proactive approach can overcome an agency’s presumption that an arrest or conviction for DWI means that you are chemically dependent and need to be in a monitoring program or on a disciplinary order

The board or agency who controls my license has filed formal charges against me with the State Office of Administrative Hearings (SOAH). Do I need a lawyer?

At this juncture the only thing that stands in the way of your license being revoked or suspended is a good showing during the formal administrative proceeding. The best way to accomplish this is through the polished presentation of your case by an attorney. A formal administrative proceeding is a complicated affair. Representing yourself through this process puts you and your license at an unfair disadvantage. Remember, the agency has a team of lawyers working and preparing its case against you. Going through this process unrepresented puts you at a serious disadvantage.

I have been fired from my employment position because I was accused of or caught diverting controlled substances. What kind of trouble am I facing?

The potential for the filing of criminal charges by state or federal authorities, the filing of misconduct charges by your licensing agency, an attempt by the DEA to revoke your controlled substances prescribing privileges and the loss of your ability to seek reimbursement from Medicare and Medicaid are all possibilities. You need representation immediately to intervene on your behalf and help you wade through the process. Whether you deny the allegations or want help and to get into recovery, this is not a situation you should handle by yourself. Moreover, once you are represented the authorities are prohibited from talking to you unless you knowingly waive your right to have counsel present.

I have been issued a board order and the insurance companies are dropping me as a preferred provider. Do I have any recourse?

Different providers view a variety of disciplinary actions differently. Knowing the provider and the findings contained in the disciplinary record are crucial. The facts and circumstances surrounding the misconduct can also weigh heavily. Successful appeals, reapplications and continued participation are certainly achievable through forceful advocacy and the proper assertion and use of mitigation evidence. These appeals and notices are best handled by an experienced attorney, as the recent imposition of a disciplinary sanction puts the appellant at a distinct disadvantage when representing themselves.

I am applying for a license and I have a criminal record. Will they license me?

This is a complicated matter and is at the heart of a great many licensure disputes and disciplinary actions brought against licensees. Generally, sex offenders have the hardest time getting licensed, as do individuals who have a fiduciary crime or a crime that involves moral turpitude on their record. The burden is not necessarily insurmountable, but it is a process that is best handled by an attorney with experience in this area. Many agencies will issue probationary, provisional or restrictive licenses after an initial hearing on the applicant’s current moral character and fitness. It is wise to have counsel to help you prepare your application and advocate for you through this process through the gathering of mitigating and rehabilitative evidence.

The board wants to suspend me indefinitely. What should I do?

Hire a lawyer. When the agency or Board is aware that they will have a fight on their hands their position towards the disciplinary process is altered. In serious cases they will proceed anyway, but often the reality of a long fight tends to aid in negotiations or settlement. In any event, our licenses are our livelihood and to give up our privileges without the fair assertion of our rights is tantamount to quitting. Finally, it is the agency’s burden to prove you are not fit to practice in order to revoke your license; it is the applicant’s job to prove they are fit upon reapplication. A good strategy would be to keep the burden on the agency while gathering defensive, mitigation and rehabilitative evidence.

Am I eligible and will I receive a private, confidential rehabilitation order?

This is a hot topic which seems to vary from case to case. Generally, only self reports are eligible to receive a confidential order although the Medical Board’s rules do not require this –their policy does. Sometimes a strong good faith showing for not reporting initially can yield a private order while a self report coupled with a bad presentation will result in a public disciplinary order. Experience shows that these decisions are fact and presentation driven and your best chance at receiving a confidential rehabilitation order are with the representation and guidance of an experienced attorney who is familiar with the subject matter.