Few professionals work harder than physicians just to be able to do their job. From medical school to residency and finally spreading one’s professional wings, a physician knows the definition of paying one’s dues.
Problems that could adversely affect a physician’s license are, therefore, inherently high-stakes concerns. When a physician’s license is sanctioned, restricted, or temporarily lost, their reputation and career can be permanently damaged. Yes, these harmful outcomes can affect physicians who did nothing to cause them.
A physician’s job is inherently stressful. In addition to the well-being of their patients, medical providers also face many administrative requirements, rules governing how they must practice, and personal responsibilities. Licensing issues can feel like another straw on the camel’s back. Turning to the LLF National Law Firm Professional License Defense Team should be a no-brainer.
We will get to know you and understand your professional history. Just as importantly, we will gather all important information about the licensing issue you have tasked us with resolving.
The most important step you can take is not to delay. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss the problem you face and start working towards a resolution.
What Can Jeopardize a Physician’s License in the Johnson City Area?
The more fitting question might be “what can’t jeopardize a physician’s license in Tennessee or Virginia?” Such a closely regulated industry means a lengthy list of near-constant threats to physicians’ licensure, including but not limited to:
Allegations of Medical Misconduct
After a long day attending to patients at Ballad Health or East Tennessee State University Health (ETSU Health), the last thing a physician needs is a notice that they have been accused of misconduct.
These accusations can be particularly jarring as a physician has given yet another day of their life to serving others, only to be accused of:
- Impairment during practice
- “Unprofessional, dishonorable, or unethical conduct,” which are three of the broadly worded grounds for discipline at the hand of the Tennessee Board of Medical Examiners
- Gross or repeated medical malpractice
- Hazardous or unethical handling of controlled substances
- Dangerous prescribing practices
- Fraudulent, negligent, or otherwise inadequate recordkeeping practices
While some professional standards for physicians are specific, some are worded in a vague way that could be misapplied. For instance, Virginia law cites “Intentional or negligent conduct in the practice of any branch of the healing arts that causes or is likely to cause injury to a patient or patients” as possible grounds for discipline.
The practice of medicine involves inherent, sometimes unavoidable risk. For this reason, it can be difficult to identify the line between such inherent risk and professional misconduct. Our Professional License Defense Team may argue that allegations of misconduct against you are unjustified.
Allegations of Off-the-Job Misconduct
Being a physician is not like most nine-to-five professions. A physician’s personal life is scrutinized more closely than that of most other professionals.
Certain criminal convictions, allegations of non-compliance with legal orders, allegations of endangering others, and certain other off-the-job behaviors can expose a physician to license sanctions.
Virginia law cites “Substance abuse rendering him unfit for the performance of his professional obligations and duties” as justification to sanction a medical professional. Tennessee has equivalent statutes.
Substance use is a uniquely common and nuanced disciplinary issue for physicians. We may evaluate your eligibility to enroll in an alternative-to-discipline (ATD) program, which can help some medical providers avoid discipline (though with some notable conditions of compliance).
Administrative Oversight
Over time, those who regulate the medical sector have imposed increasingly onerous administrative burdens on physicians. Most cannot fathom the administrative measures providers must take just to remain compliant.
An oversight in license renewal, continuing medical education (CME), recordkeeping, reporting, or other administrative duties can jeopardize a provider’s license.
Harmful Symptoms of Medical Bureaucracy
Whether a provider works in Johnson City, Kingsport, Bristol, Elizabethton, Greenville, or anywhere else in The Highlands, bureaucracy is an integral part of their professional life.
When a provider suffers adverse circumstances because of a glitch in this bureaucracy, we work to help them resolve the problem. Whether it is a communication breakdown, delay, administrative mistake, or other problem that happens far too often in bureaucratic environments, we are here to help.
A Look at How Tennessee and Virginia Handle Physicians’ Licensing Issues
Resolving an administrative issue or defending a physician from a misconduct allegation is a process. We do not merely send a letter requesting a resolution—instead, we guide physicians through multiple steps that, we intend, will result in a favorable resolution.
Different license-related problems may be resolved through different processes. Therefore, we will briefly examine how authorities in both Tennessee and Virginia handle allegations of physician misconduct.
Tennessee
While the Tennessee Board of Medical Examiners makes the most consequential decisions in cases of alleged misconduct, the Tennessee Department of Health also plays an integral role in the process.
Here are the primary stages that unfold once a physician is accused of misconduct in Tennessee:
- The complaint is filed, generally with the Tennessee Department of Health
- Investigators assigned by the Department of Health’s Office of Investigations conduct an initial review of the complaint
- The Department of Health may then proceed with a formal, more in-depth investigation of the complaint
- If the investigators find sufficient evidence that the physician violated behavioral standards, the Tennessee Department of Health Office of General Counsel may then prepare formal charges
- The physician may then agree to a consent order, which would mean accepting fault and discipline (in most cases, because the physician fears even more severe discipline if they don’t negotiate a consent order)
- If the physician does not agree to a consent order, they may then undergo a formal hearing overseen by an Administrative Law Judge (ALJ)
- Following the hearing, designated members of the Tennessee Board of Medical Examiners will consider the ALJ’s findings, weigh the evidence, and issue a decision
The Board of Medical Examiners could decide not to discipline a physician. If it does impose discipline, the physician may then initiate an appeal through Tennessee’s courts.
Our Professional License Defense Team proudly guides physicians in Tennessee through this process, whether they work in Johnson City, Bristol, Morristown, Rogersville, Church Hill, Jonesborough, or anywhere else in the state.
If you need a Tennessee professional license defense, we are the team to speak with.
Virginia
Let us examine the process that unfolds when a Virginia-based physician is accused of professional misconduct:
- The process begins with the filing of the complaint, typically with the Department of Health Professions
- The Virginia Department of Health Professions’ (DHP) Enforcement Division takes the lead in the adjudication process, conducting the initial review of the complaint
- If the Enforcement Division finds reason to proceed further, members of the Virginia Board of Medicine staff will then review the case, looking for evidence of a violation by the accused physician
- The physician may then attend an informal conference with members of the Board, at which time those parties may resolve the case through mutual agreement
- If the parties do not agree to a mutual resolution, a formal hearing comes next—with witness testimony, questions and answers, the presentation of evidence, and oral arguments
- Finally, the designated members of the Virginia Board of Medicine will evaluate the physician’s responsibility and potentially impose discipline
Should the physician disagree with the Board’s decision, they may file an appeal through the Virginia Circuit Court or Virginia Court of Appeals, and possibly even the Virginia Supreme Court.
Our Professional License Defense Team has extensive experience in Virginia professional license defense. If you have been accused of misconduct or face any other professional problem in the state, do not wait to contact us.
What Is at Risk Whenever a Physician’s License Is on the Line
Most physicians who face misconduct allegations and other license-related problems have already invested:
- Four years completing undergraduate education
- Four years in medical school
- Several years in residency
- Fellowship training (in some cases)
- Hundreds of thousands of dollars
These investments are made because the physician believes the professional and financial reward will be worth it. Yet, if a physician suffers a serious professional problem, their return on these sizable investments may be immediately threatened.
Formal Discipline That Can Arise from Misconduct Allegations and Certain Administrative Failures
We often think of professional discipline as a response to alleged misconduct. However, even certain administrative issues (like failing to complete mandatory paperwork) could trigger discipline such as:
- The revocation of the physician’s license
- License suspension
- Probation, which often comes with draconian conditions
- Practice restrictions
- Formal reprimand
- Civil fines
- Mandatory education or treatment
These consequences vary in their capacity to harm a physician. The most damaging of them (namely suspension and license revocation) are inherently harmful, but can be just as damaging in the ripple effects they trigger.
Secondary Consequences: We See Many Physicians Suffer Throughout Tennessee and Virginia
Formal professional sanctions are, in most cases, just the first domino to fall. When a physician is disciplined in a significant way, they may then:
- Become immediately unable to work
- Lose the income (possibly a lucrative one) derived from their practice of medicine
- Suffer immensely from anxiety, identity crisis, stress, and other psychological and emotional symptoms associated with such professional upheaval
- Struggle to regain their professional status if and when they return to practicing medicine
- Never realize professional opportunities, and the associated quality of life, they may have achieved if not disciplined in the manner they were disciplined
Physicians’ loved ones may also suffer in significant ways as a direct result of professional discipline. The quality of life of entire families can be tied to a provider’s professional stability, and therefore, professional discipline can be a family problem.
What Is a Physician’s Goal When They Engage Our Professional License Defense Team?
When we represent physicians, we first ask them:
- About the particular problem(s) they are coming to us to resolve, including any evidence, testimony, and circumstances pertaining to that problem
- What their goals are in resolving the particular problem(s) they have come to us about
- About their professional disciplinary history
Generally speaking, our goal is to mitigate long-term harm to physicians’ records and reputations. Depending on a physician’s unique circumstances, this could mean:
- Fighting any attempts to discipline the physician, which can be the right approach in cases of false allegations and mistakes committed by third parties (like bureaucratic failures that unfairly threaten to cause harm to a physician)
- Negotiating a disciplinary agreement that allows a physician to continue working
- Negotiating a consent order that may remove the physician from practice temporarily, but leaves the door open for an eventual professional return
- Seeking to enroll a physician in an alternative-to-discipline program to address substance use issues (while simultaneously containing the professional harm those issues might otherwise do)
Our Professional License Defense Team will establish goals and strategies tailored solely to you. Your feedback, concerns, and hopes will be integral to our strategic approach.
How Our Professional License Defense Team Will Fight for Your Career in the Johnson City Area
When serving physicians in the Tri-Cities area of Johnson City, Kingsport, and Bristol, we generally:
- Get to know the physician, including their current employment situation
- Get to know the issue that they have come to us to resolve
- Gather and evaluate all relevant evidence, testimony, and correspondence from licensing agencies
- Explain the potential benefits and risks of available courses of action
- Quickly identify our Plan A, prepare the physician for their role in executing that plan, and move forward
Throughout the resolution process, we provide the physician with easy-to-understand Do’s and Don’ts to follow. We are always available to answer our clients’ questions and address their concerns.
Our Professional License Defense Team is familiar with both Tennessee and Virginia laws and practices, including those specific to physicians. Just as importantly, we have an extensive track record helping physicians protect their reputations and preserve their careers
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online, and don’t wait.