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Professional license defense is neither civil nor criminal law

On Behalf of | Jun 5, 2017 | Medical Licensing

What do physician assistants, doctors, and athletic trainers have in common? The Pennsylvania State Board of Medicine regulates the licensure, registration and certification of each of these professionals. The Board also responds to complaints and may take disciplinary action, such as suspending a health care worker’s professional license.

Professional License Defense is Different Than Civil Or Criminal Law

Yet the rules of licensing, or reapplying for licensure, can be complex. In general, the Board’s administrative procedures provide an opportunity for a licensed professional to present a defense. However, the process is different than either civil or criminal law.

For example, the Board often investigates a report of professional misconduct before determining whether to file formal charges. The Pennsylvania Bureau of Professional and Occupational Affairs (BPOA), which provides administrative support to the 29 licensing boards and commissions in the state, may send an investigator to question the health care professional.

Professional License Defense Begins at the Investigative Stage

If approached by an investigator, our law firm recommends declining to answer any questions outside the presence of one’s attorney. A proactive approach to professional license defense is necessary because anything a professional says to the investigator might be used as evidence against him or her.

Our law firm focuses on professional license defense and can help clients navigate this investigative stage. This stage may include an opportunity to meet with a BPOA representative and potentially negotiate a resolution. If the BPOA determines to move forward, they will serve an Order to Show Cause. The professional will then have an opportunity to file motions and appear at a hearing. Our law firm also provides advocacy throughout these stages of professional license defense.

Source: Pennsylvania Department of State, “State Board of Medicine,” copyright 2017, Commonwealth of Pennsylvania