Health Professionals

Qualified and Effective License Defense Before the Medical Board of California and Physician Assistant Board

Protecting Your Career and License as a Physician and Surgeon or Physician Assistant with a License Defense Attorney

The regulatory environment in which physicians and physician assistants must operate is complex, ever-changing, and often confusing. Because the Medical Board of California (MBC) and Physician Assistant Board (PAB) are mandated to protect the public, they aggressively investigate claims of misconduct against those working in the medical field and vigorously pursue enforcement.

If you have been or think you may be contacted by the Board or an investigator, it is essential that you immediately seek legal guidance to protect your license and right to work. Our goal at the Law Office of Gould & Hahn is to provide compassionate and experienced representation to physicians and physician assistants by providing you with legal advice at every stage of your Board’s regulatory authority, from applying for a license through an investigation, disciplinary action, or administrative hearing. We have assisted physicians and physician assistants in obtaining and protecting their professional licenses since 1995. Contact Gould & Hahn to discuss how we can effectively represent and assist you in your licensing matter.

 

Navigating the Complaint Process

The sequence of events that arise from the filing of a complaint with the MBC or PAB is illustrated in detail in our Map of Enforcement Process. This map can be very useful for understanding the procedures by which a complaint moves through the disciplinary process – from investigation, to an Accusation, to settlement or administrative hearing.

When the Board receives a complaint against a physician or physician assistant, the allegations are investigated and actively pursued. Some of the most common sources of complaints include patients, pharmacists, other physicians, hospitals, and the criminal courts. Allegations within the complaints can include:

  • quality of care issues;
  • filing of criminal charges, criminal conviction, or failure to disclose criminal conviction;
  • substance abuse or chemical dependency;
  • professional misconduct;
  • prescription errors;
  • lack of supervision; and
  • billing fraud.

 

Initial Investigation of a Complaint

The first notification that the Board has received a complaint about you may be a telephone call or written request for an interview by a Department of Consumer Affairs investigator. It is important that you realize that the Board will use any information or details gained during your communication with an investigator to support further disciplinary action. For this reason, you should not speak to the investigator until you have retained legal representation. Simply tell the investigator you will have your lawyer call and ask for the investigator’s contact information. You may also receive a request for medical records and notice of the Board’s desire to schedule an interview with a Board expert. It is important that you obtain legal representation before providing records or appearing at any Board interview. By consulting with experienced licensing defense counsel, such as the staff at Gould & Hahn, you can be proactive and minimize, as much as possible, the consequences of a Board complaint, and ensure the investigation includes complete and accurate facts.

At the conclusion of the investigation, the investigator (with the expert’s comments, if any) will prepare a report for the Board’s Enforcement Division illustrating his or her findings. After reviewing this report, the Enforcement Division will pursue one of the following options:

  • close the complaint as lacking sufficient evidence;
  • issue a citation and fine for the violation identified; or
  • instruct a Deputy Attorney General to file an Accusation to revoke, suspend, or otherwise discipline your license.

 

Filing of a Disciplinary Action Against Your License

If the Board elects to issue a citation, you will be notified. A citation is a public document that lists all of the alleged violations. The Board will post the citation on its website www.mbc.ca.gov/Enforcement/Public_Document_Search.aspx and www.pac.ca.gov/forms_pubs/online…/pubdoc_lookup.shtml. If you believe the citation to be unjustified, you can submit a written appeal to the Board with your evidence and argument as to why you do not deserve the citation. To provide the best possible argument and evidence, and to ensure that you are not making any unintentional admissions, you should retain Gould & Hahn to assist you in the preparation of the appeal. After an appeal is filed, the Board may dismiss or uphold the citation. If the citation is upheld, you may request a hearing before an Administrative Law Judge or agree to the citation and fine.

If the Medical Board or Physician Assistant Board believes you have violated the laws relating to the medical profession www.mbc.ca.gov/About_Us/Laws/, www.pac.ca.gov/about_us/lawsregs/law-booklet.pdf, the Board will file an Accusation to revoke your license. The Accusation contains all of the unproven allegations of wrongdoing upon which the Board will proceed. The Accusation is a public document and will be posted on the Board’s website www.mbc.ca.gov/Enforcement/Public_Document_Search.aspx and www.pac.ca.gov/forms_pubs/online…/pubdoc_lookup.shtml and the National Practitioner Data Bank https://www.npdb.hrsa.gov where it is available to your patients, hospitals, and all State and Federal governmental agencies.

Once the Accusation is filed, there is an extremely limited window of time during which you must respond in order to preserve your right to defend yourself. You will have only 15 days to file a Notice of Defense, the form that advises the Board you request a hearing and intend to defend against the charges in the Accusation. If you fail to file the Notice of Defense within 15 days, the Board will revoke your license without providing you with an opportunity to defend against the charges. For these reasons, it is critical that you retain Gould & Hahn immediately upon receiving an Accusation.

The Accusation phase of the disciplinary process usually takes several months. During this period, Gould & Hahn will have an opportunity to negotiate a resolution of your case in an effort to avoid the emotional and financial expense of a contested administrative hearing. The Board has the authority to settle your case before hearing and many cases are resolved during the settlement process. You will need an experienced law firm, such as Gould & Hahn, to advocate on your behalf. Gould & Hahn will work closely with you to present the facts of your case that justify your right to a fair settlement.

 

Proceeding to an Administrative Hearing

In some cases, the Board will refuse to offer acceptable settlement terms and will instruct its attorney to take the case to a hearing. Determining whether to proceed to an administrative hearing is a significant decision that you must carefully consider in consultation with your experienced license defense attorney.

The hearing is held before an administrative law judge (ALJ). The ALJ does not, however, have the final authority in administrative law. Final authority rests solely with the Board. The ALJ will issue a Proposed Decision. This Proposed Decision is not binding on the Board, meaning, you could prevail at the hearing, and the Board could reject the ALJ’s Proposed Decision and issue its own decision disciplining your license. When evaluating whether to proceed to a hearing, it is essential that you consult with your license defense attorney and understand the nature of a Proposed Decision and your options for appeal in the event that the Board rejects the Judge’s Proposed Decision.

The license defense attorneys and staff at Gould & Hahn have represented physicians and physician assistants since 1995 and have become familiar with nearly every circumstance and outcome in the administrative hearing process. Gould & Hahn has a proven record of defending and negotiating secure settlement agreements for physicians and physician assistants and a history of successful representation at the hearing.

 

Denial of Application for a License

In addition to disciplinary actions against existing licenses, a similar process applies when the Board denies a license application. The MBC and PAB may deny a license application if either believes the applicant has failed to meet the qualifications for licensure, has a history of criminal conviction, or has committed an act of unprofessional conduct. If your license application has been denied, you have a limited amount of time to file the Notice of Defense to appeal the denial and request a formal administrative hearing.

The license application process can be extremely stressful and protracted. Gould & Hahn knows you have invested a great deal of time and money in preparing to be licensed by the Board. We will guide you through this process and provide you with confidence knowing you are being represented by experienced, compassionate, and knowledgeable counsel.

 

License Reinstatement

Formerly licensed physicians and physician assistants who have surrendered their license or had their license revoked following a disciplinary action may, following a specified period of time, file a Petition for Reinstatement. If you are interested in reinstating your license, contact the legal professionals at Gould & Hahn to discuss how you can best position yourself for reinstatement and how we can assist you in preparing and filing your Petition.

Over twenty years guiding Clients out of the problem and into the solution

Qualified and Effective Representation Before the Board of Pharmacy

Protecting Your Career and License as a Registered Pharmacist or Pharmacy Technician

The regulatory environment in which pharmacists and pharmacy technicians must operate is intricate and can be confusing to navigate. Because the California State Board of Pharmacy is mandated to protect the public, it aggressively investigates claims of misconduct against those working in the pharmacy field and vigorously pursues enforcement.

If you have been or think you may be contacted by the Board or an investigator, it is essential that you immediately seek legal guidance to protect your license and right to work. Our goal at the Law Office of Gould & Hahn is to assist pharmacists and pharmacy technicians by providing compassionate, experienced, and effective legal representation at every stage of the Board’s regulatory authority, from applying for a license through any investigation, disciplinary action, or administrative hearing. We have assisted pharmacists and pharmacy technicians in obtaining and protecting their professional licenses since 1995. Contact Gould & Hahn to discuss how we can effectively represent and assist you in your Board of Pharmacy matter.

 

Navigating the Complaint Process

When the Board receives notice of a complaint against a licensed pharmacist or pharmacy technician, the allegations are investigated and actively pursued. While anyone may file a complaint, some of the most common sources include staff and workplace disciplinary actions, prescribing physicians, pharmacy clients, and the criminal courts. Allegations within the complaints can include and stem from:

  • quality of care issues;
  • misdemeanor or felony conviction and/or failure to disclose the criminal conviction;
  • substance abuse or chemical dependency;
  • workplace or professional misconduct;
  • prescription errors; and
  • unlicensed individuals engaging in pharmaceutical duties or pharmacy technicians exceeding their scope of practice.

The general sequence of events that arises from the filing of a complaint with the Board of Pharmacy is illustrated in depth on our Map of Enforcement Process. This map can be very useful for understanding the procedures by which a complaint moves through the disciplinary process – from investigation, to an Accusation, to settlement or administrative hearing.

 

Initial Investigation of a Complaint

The first notification of a Board investigation may be a telephone call or written request for an interview by a Board of Pharmacy or Department of Consumer Affairs investigator. It is important to know that the Board of Pharmacy may use information or details obtained during any form of communication with the investigator to support disciplinary action against you. For this reason, it is important to not speak to the investigator before retaining legal representation. By consulting with experienced licensing defense counsel such as the staff at Gould & Hahn, you can be proactive and minimize, as much as possible, the consequences of a Board complaint and ensure the investigation includes complete and accurate facts.

At the conclusion of the investigation, the investigator will prepare a report and forward it to the Pharmacy Board’s Enforcement Division illustrating his or her findings. After reviewing this report, the Enforcement Division will pursue one of the following options:

  • close the complaint as lacking sufficient evidence;
  • issue an order of correction directing the licensee to comply with pharmacy laws and regulations;
  • issue a citation and fine for the violation of the Pharmacy Law identified;
  • instruct a Deputy Attorney General to file of an Accusation to revoke, suspend, or otherwise discipline your license.

 

Filing of a Disciplinary Action Against Your License

Citation: If the Board believes you have violated Pharmacy Law and elects to issue a citation, you will be notified and the Board will post the citation and the alleged violation on its website. If you believe the citation to be unjustified, it can be appealed by submitting a written appeal to the Board with your evidence and argument as to why you do not deserve the citation. Retaining Gould & Hahn for this process will enable you to provide the best possible argument and production of evidence. After an appeal is filed, the Board may dismiss or uphold the citation. If the citation is upheld, you may further appeal and request a hearing before an administrative law judge, or agree to the citation and fine.

Accusation: If the Board believes you have violated the law, committed unprofessional conduct and/or represent a threat of harm or danger to the public, it will file an Accusation to revoke, suspend, or otherwise discipline your license. The Accusation contains all of the unproven allegations of wrongdoing upon which the Board will proceed. The Accusation is a public document and will be posted on the Board’s website http://www.pharmacy.ca.gov/enforcement/index.shtml where it is available to employers, patients, hospitals, and all State and Federal governmental agencies.

Once the Accusation is filed, there is an extremely limited window of time during which you must respond in order to preserve your right to defend yourself. You will have only 15 days to file a Notice of Defense, the form that advises the Board you request a hearing and intend to defend against the charges in the Accusation. If you fail to file the Notice of Defense within 15 days, the Board will revoke your license without providing you an opportunity to defend against the charges. For these reasons, it is critical that you retain experienced counsel such as Gould & Hahn immediately upon receiving an Accusation.

The Accusation phase of the disciplinary process usually takes several months. During this time, your attorney has an opportunity to negotiate a resolution of your case in an effort to avoid the emotional and financial expense of a contested administrative hearing. The Board has the authority to settle your case before the hearing and a majority of cases are resolved during the settlement process. You will need an experienced law firm, such as Gould & Hahn, to advocate on your behalf. Gould & Hahn will work closely with you to present the facts of your case that justify your right to a fair settlement.

 

Proceeding to an Administrative Hearing

In some cases, the Board will refuse to offer acceptable settlement terms or will instruct its attorney to take the case to hearing. Determining whether to proceed to an administrative hearing is a significant decision that you must carefully consider in consultation with your experienced licensing attorney. The hearing is held before an administrative law judge (ALJ). The ALJ does not, however, have final authority in administrative law. Final authority rests solely with the Board. The ALJ will issue a Proposed Decision. This Proposed Decision is not binding on the Board, meaning, you could prevail at the hearing, and the Board could reject the ALJ’s Proposed Decision and issue its own decision disciplining your license. When evaluating whether to proceed to a hearing, it is essential that you consult with your attorney and understand the nature of a Proposed Decision and your options for appeal in the event that the Board rejects the ALJ’s Proposed Decision.

The attorneys and staff at Gould & Hahn have represented pharmacists and technicians since 1995 and have become familiar with nearly every circumstance and outcome in the administrative hearing process. Gould & Hahn has a proven record of defending and negotiating secure settlement agreements for pharmacists and pharmacy technicians, and a history of successful representation at hearing.

 

License Application Denial

In addition to disciplinary actions against existing licenses, a similar process applies when the Board denies an application for licensure. The Board may deny a license application if it believes the applicant has failed to meet the qualifications for licensure, has a history of criminal conviction, or has committed an act that is considered to be unprofessional conduct. If your license application has been denied, you have a limited amount of time to file a Notice of Defense to appeal the denial and request a formal administrative hearing.

The license application process can be extremely stressful and protracted. You have invested a great deal of time and money in preparing to be licensed by the Board. Gould & Hahn will guide you through this process and provide you with confidence knowing you are being represented by experienced, compassionate, and knowledgeable counsel.

 

License Reinstatement

Formerly licensed pharmacists or pharmacy technicians who have surrendered their license or had their license revoked following a disciplinary action may, after a specified waiting period, file a Petition for Reinstatement with the Board. If you are interested in reinstating your license, contact the legal professionals at Gould & Hahn to discuss how you can best position yourself for reinstatement and how we can assist you in preparing and filing your Petition.

Representation focused on your particular needs

Qualified and Effective License Defense Before the Respiratory Care
Board of California

Protecting Your Career and License as a Respiratory Care Technician

The regulatory environment in which respiratory care technicians must operate is complex, ever changing, and often confusing. Because the Respiratory Care Board is mandated to protect the public, it aggressively investigates claims of misconduct against those working in the medical field and vigorously pursues enforcement.

If you have been or think you may be contacted by your licensing Board or an investigator, it is essential that you immediately seek legal guidance to protect your license and right to work. Our goal at Gould & Hahn is to provide compassionate, experienced, and effective representation to respiratory care technicians by providing legal advice at every stage of your Board’s regulatory authority, from applying for a license through any investigation, disciplinary action, or administrative hearing. We have assisted respiratory care technicians in obtaining and protecting their professional licenses since 1995. Contact Gould & Hahn to discuss how we can effectively represent and assist you in your licensing matter.

 

Navigating the Complaint Process

The sequence of events that arise from the filing of a complaint with the Respiratory Care Board is illustrated in detail in our Map of Enforcement Process. This map can be very useful for understanding the procedures by which a complaint moves through the disciplinary process – from investigation, to an Accusation, to settlement, or administrative hearing.

When the Board receives a complaint against a respiratory care technician, the allegations are investigated and actively pursued. Some of the most common sources of complaints include patients, hospitals, physicians, and the criminal courts. Allegations within the complaints can include:

  • quality of care issues;
  • filing of criminal charges or criminal conviction;
  • substance abuse or chemical dependency;
  • professional misconduct;
  • medication or charting errors;

 

Initial Investigation of a Complaint

Investigations are confidential and you may not be notified that a complaint investigation has been opened. If you are notified, the first notification that the Board has received a complaint about you may be a telephone call or written request for an interview by a Department of Consumer Affairs investigator. It is important that you realize that the Board will use any information or details gained during your communication with an investigator to support further disciplinary action. For this reason, you should not speak to the investigator until you have retained legal representation. Simply tell the investigator you will have your attorney call and ask for the investigator’s contact information.

It is important that you obtain legal representation before participating in any investigative interview. By consulting with experienced licensing defense counsel, such as the staff at Gould & Hahn, you can be proactive and minimize, as much as possible, the consequences of a Board complaint, and ensure the investigation includes complete and accurate facts. Once an investigation is opened, an adversarial relationship exists between the investigator and the licensee being investigated. Some licensees fear that retaining an attorney indicates some degree of guilt. In fact, retaining legal counsel is the only way to ensure that your rights are protected.

At the conclusion of the investigation, the investigator (with the Board’s expert’s comments, if any) will prepare a report for the Board’s Enforcement Division illustrating his or her findings. After reviewing this report, the Enforcement Division will pursue one of the following options:

  • close the complaint as lacking sufficient evidence;
  • issue a citation and fine for the violation of the Respiratory Care Act identified; or
  • instruct a Deputy Attorney General to file an Accusation to revoke, suspend, or otherwise discipline your license.

 

Filing of a Disciplinary Action Against Your License

If the Board elects to issue a citation, you will be notified. A citation is a public document that lists the alleged and unproven violations. The Board will post the citation on its website. If you believe the citation to be unjustified, you can submit a written appeal to the Board with your evidence and argument as to why you do not deserve the citation. To provide the best possible argument and evidence, and to ensure that you are not making any unintentional admissions, you should retain Gould & Hahn to assist you in the preparation of the appeal. After an appeal is filed, the Board may dismiss or uphold the citation. If the citation is upheld, you may request a hearing before an Administrative Law Judge or agree to the citation and fine.

If the Board believes you have violated the laws relating to respiratory care, the Board’s attorney will file an Accusation to revoke your license. The Accusation contains all of the unproven allegations of wrongdoing upon which the Board will proceed. The Accusation is a public document and will be posted on the Board’s website where it is available to your patients, hospitals, clinics, and all State and Federal governmental agencies.

Once the Accusation is filed, there is an extremely limited window of time during which you must respond in order to preserve your right to defend yourself. You will have only 15 days to file a Notice of Defense, the form that advises the Board you are requesting a hearing and intend to defend against the charges in the Accusation. If you fail to file the Notice of Defense within 15 days, the Board will revoke your license without providing you with an opportunity to defend against the charges. For these reasons, it is critical that you retain Gould & Hahn immediately upon receiving an Accusation.

The Accusation phase of the disciplinary process usually takes several months. During this period, your attorney at Gould & Hahn will have an opportunity to negotiate a resolution of your case in an effort to avoid the emotional and financial expense of a contested administrative hearing. The Board has the authority to settle your case before hearing and a majority of cases are resolved during the settlement process. You will need an experienced law firm, such as Gould & Hahn, to advocate on your behalf. Your attorney will work closely with you to present the facts of your case that justify your right to a fair settlement.

The Respiratory Care Board is one of the few healthcare boards that are authorized to suspend a licensee’s ability to work as a respiratory care technician without a hearing when the licensee is on probation. In most cases, when a licensee is placed on probation, the licensee is guaranteed a fair hearing before the Board can take away his or her right to work. The Respiratory Care Board, however, has the authority to issue a cease practice order without affording the respiratory care technician recourse to a fair hearing if the Board receives a complaint of a major violation. For that reason, respiratory care technicians must carefully consult with their licensing attorney before entering into any settlement with the Respiratory Care Board.

 

Proceeding to an Administrative Hearing

In some cases, the Board will refuse to offer acceptable settlement terms or will instruct its attorney to take the case to hearing. Determining whether to proceed to an administrative hearing is a significant decision that you must carefully consider in consultation with your experienced licensing attorney. The hearing is held before an administrative law judge (ALJ) alone. There is no jury. The ALJ does not, however, have the final authority in administrative law. Final authority rests solely with the Board. The ALJ will issue a Proposed Decision. This Proposed Decision is not binding on the Board, meaning, you could prevail at the hearing, and the Board could reject the ALJ’s Propoed Decision and issue its own decision disciplining your license. When evaluating whether to proceed to a hearing, it is essential that you consult with your attorney and understand the nature of a Proposed Decision and your options for appeal in the event that the Board rejects the ALJ’s Proposed Decision.

The attorneys and staff at Gould & Hahn have represented respiratory care technicians since 1995 and have become familiar with nearly every circumstance and outcome in the administrative hearing process. Gould & Hahn has a proven record of defending and negotiating secure settlement agreements for respiratory care technicians and a history of successful representation at hearing.

 

Denial of Application for a License

In addition to disciplinary actions against existing licenses, a similar process applies when the Board denies a license application. The Respiratory Care Board may deny a license application if it believes the applicant has failed to meet the qualifications for licensure, has a history of criminal conviction, or has committed an act that is considered “unprofessional conduct”. If your license application has been denied, you have a limited amount of time to file a Notice of Defense to appeal the denial and request a formal administrative hearing.

The license application process can be extremely stressful and protracted. Gould & Hahn knows you have invested a great deal of time and money in preparing to be licensed by the Board. We will guide you through this process and provide you with confidence knowing you are being represented by experienced, compassionate, and knowledgeable counsel.

Experienced, Successful, Personal

California Board of Registered Nursing and Board of Vocational
Nurses and Psychiatric Technicians

Protecting Your Career and License as a Registered Nurse, Vocational Nurse, or Psychiatric Technician

The regulatory environment in which nurses and psychiatric technicians must operate is complex, ever changing, and often confusing. Because the Board of Registered Nursing (BRN) and Board of Vocational Nurses and Psychiatric Technicians (BVNPT) are mandated to protect the public, they aggressively investigate claims of misconduct against those working in the medical field and vigorously pursue enforcement.

If you have been or think you may be contacted by your licensing Board or an investigator, it is essential that you immediately seek legal guidance to protect your license and right to work. Our goal at Gould & Hahn is to provide compassionate, experienced, and effective representation to nurses and psychiatric technicians by providing legal advice at every stage of your Board’s regulatory authority, from applying for a license through any investigation, disciplinary action, or administrative hearing. We have assisted nurses and psychiatric technicians in obtaining and protecting their professional licenses since 1995. Contact Gould & Hahn to discuss how we can effectively represent and assist you in your licensing matter.

 

Navigating the Complaint Process

The general sequence of events that arise from the filing of a complaint with the BRN and BVNPT is illustrated in detail in our Map of Enforcement Process. This map can be very useful for understanding the procedures by which a complaint moves through the disciplinary process – from investigation, to an Accusation, to settlement, or an administrative hearing.

When the Board receives a complaint against a nurse or psychiatric technician, the allegations are investigated and actively pursued. Some of the most common sources of complaints include patients, hospitals, physicians, and the criminal courts. Allegations within the complaints can include:

  • quality of care issues;
  • Filing of criminal charges, criminal conviction, or failure to disclose a criminal conviction;
  • Substance abuse or chemical dependency;
  • Professional misconduct;
  • Medication errors.

 

Initial Investigation of a Complaint

Investigations are confidential and you may not be notified that a complaint investigation has been opened. If you are notified, the first notification that the Board has received a complaint about you may be a telephone call or written request for an interview by a Department of Consumer Affairs investigator. It is important that you realize that the Board will use any information or details gained during your communication with an investigator to support further disciplinary action. For this reason, you should not speak to the investigator until you have retained legal representation. Simply tell the investigator you will have your attorney call and ask for the investigator’s contact information.

It is important that you obtain legal representation before participating in any investigative interview. By consulting with experienced licensing defense counsel, such as the staff at Gould & Hahn, you can be proactive and minimize, as much as possible, the consequences of a Board complaint, and ensure the investigation includes complete and accurate facts. Once an investigation is opened, an adversarial relationship exists between the investigator and the licensee being investigated. Some licensees fear that retaining an attorney indicates some degree of guilt. In fact, retaining legal counsel is the only way to ensure that your rights are protected.

At the conclusion of the investigation, the investigator (with the Board’s expert’s comments, if any) will prepare a report for the Board’s Enforcement Division illustrating his or her findings. After reviewing this report, the Enforcement Division will pursue one of the following options:

  • close the complaint as lacking sufficient evidence;
  • issue a citation and fine for the violation identified; or
  • Instruct an attorney with the Department of Justice know as a Deputy Attorney General to file an Accusation to revoke, suspend, or otherwise discipline your license.

 

Filing of a Disciplinary Action Against Your License

If the Board elects to issue a citation, you will be notified. A citation is a public document that lists the alleged violations. The Board will post the citation on its website. If you believe the citation to be unjustified, you can submit a written appeal to the Board with your evidence and argument as to why you do not deserve the citation. To provide the best possible argument and evidence, and to ensure that you are not making any unintentional admissions, you should retain Gould & Hahn to assist you in the preparation of the appeal. After an appeal is filed, the Board may dismiss or uphold the citation. If the citation is upheld, you may request a hearing before an administrative law judge or agree to the citation and fine.

If the Board believes you have violated the law or its regulations, the Board’s attorney will file an Accusation to revoke your license. The Accusation contains all of the unproven allegations of wrongdoing upon which the Board will proceed. The Accusation is a public document and will be posted on the Board’s website and the National Practitioner Data Bank, where it is available to your patients, hospitals, clinics, and all State and Federal governmental agencies.

Once the Accusation is filed, there is an extremely limited window of time during which you must respond in order to preserve your right to defend yourself. You will have only 15 days to file a Notice of Defense, the form that advises the Board you intend to defend against the charges in the Accusation and request a hearing. If you fail to file the Notice of Defense within 15 days, the Board will revoke your license without providing you with an opportunity to defend against the charges. The attorneys that file the Accusations for the BRN and BVNPT specialize in nursing and psychiatric technician law and are retained for the specific purpose of disciplining or revoking those licenses. If you receive an Accusation, it is absolutely critical that you immediately retain qualified legal counsel that is experienced in defending licensees before the BRN and BVNPT.

The Accusation phase of the disciplinary process usually takes several months. During this period, your attorney at Gould & Hahn will have an opportunity to negotiate a resolution of your case in an effort to avoid the emotional and financial expense of a contested administrative hearing. The Board has the authority to settle your case before hearing and a majority of cases are resolved during the settlement process. You will need an experienced law firm, such as Gould & Hahn, to advocate on your behalf. Your attorney will work closely with you to present the facts of your case that justify your right to a fair settlement.

 

Proceeding to an Administrative Hearing

In some cases, the Board will refuse to offer acceptable settlement terms or will instruct its attorney to take the case to hearing.  Determining whether to proceed to an administrative hearing is a significant decision that you must carefully consider in consultation with your experienced licensing attorney.  The hearing is held before an administrative law judge (ALJ) alone.  There is no jury.  The ALJ does not, however, have the final authority in administrative law.  Final authority rests solely with the Board.  The ALJ will issue a Proposed Decision.  This Proposed Decision is not binding on the Board, meaning, you could prevail at the hearing, and the Board could reject the ALJ’s Decision and issue its own decision disciplining your license.  When evaluating whether to proceed to a hearing, it is essential that you consult with your attorney and understand the nature of a Proposed Decision and your options for appeal in the event that the Board rejects the ALJ’s Proposed Decision.

The attorneys and staff at Gould & Hahn have represented nurses and psychiatric technicians since 1995 and have become familiar with nearly every circumstance and outcome in the administrative hearing process. Gould & Hahn has a proven record of defending and negotiating secure settlement agreements for nurses and psychiatric technicians and a history of successful representation at hearing.

 

Denial of Application for a License

In addition to disciplinary actions against existing licenses, a similar process applies when the Board denies a license application.  The BRN and BVNPT may deny a license application if it believes the applicant has failed to meet the qualifications for licensure, has a history of criminal conviction, or has committed an act that is considered “unprofessional conduct”.  If your license application has been denied, you have a limited amount of time to file Notice of Defense to appeal the denial and request a formal administrative hearing.

The license application process can be extremely stressful and protracted. Gould & Hahn knows you have invested a great deal of time and money in preparing to be licensed by the Board.  We will guide you through this process and provide you with confidence knowing you are being represented by experienced, compassionate, and knowledgeable counsel.

 

License Reinstatement

Formerly licensed registered or vocational nurses or psychiatric technicians who have surrendered their license or had their license revoked following a disciplinary action may, after a specified waiting period, file a Petition for Reinstatement with their Board. If you are interested in reinstating your license, contact the legal professionals at Gould & Hahn to discuss how you can best position yourself for reinstatement and how we can assist you in preparing and filing your Petition.

Free Consultation

If you are facing a disciplinary proceeding and are looking for experienced and effective representation, contact the Law Office of Gould & Hahn at 1-800-428-2207 for a free consultation. We will review your situation, advise you of your rights, and discuss how we would defend you against the Board’s disciplinary action. After speaking with one of our experienced attorneys, you will be able to decide if we are the right firm for you.