Case Studies: Personal Service Providers

Cosmetologist Preserves License Against Allegations of Unsanitary Conditions

The Department of Licensing and Regulation for a Northeast state issued disciplinary charges against a licensed cosmetologist. The charges alleged that the cosmetologist had maintained unsanitary conditions and used unsanitary products, resulting in the infection of several clients. The charges further alleged cosmetic injuries from the use of inappropriate products or appropriate products in an inappropriate manner. The cosmetologist retained the Lento Law Firm's Professional License Defense Team when department officials refused to disclose the complainants or evidence of violations. The Defense Team invoked discovery rules without success. The hearing, which unfairly surprised the cosmetologist and Defense Team with undisclosed charges and evidence, resulted in a finding of professional misconduct. The Defense Team successfully appealed the finding based on the department's irregular refusal to follow disciplinary procedures for the pre-hearing disclosure of evidence. On rehearing before a new panel, the Defense Team and cosmetologist, now prepared with responsive evidence and documentation, prevailed against the charges. The cosmetologist retained the license and cosmetology practice.

Licensed Athletic Trainer Defends Drug Distribution Allegations

The enforcement division of a Pacific Coast state's Department of Licensing and Regulation charged a licensed athletic trainer with misconduct. The charges alleged that the athletic trainer had unlawfully distributed or encouraged, and facilitated the unlawful distribution of prescription steroids, stimulants, and painkillers. The charges related to a criminal drug bust that centered on the training center where the athletic trainer served clients. Law enforcement authorities had not charged the athletic trainer criminally nor implicated the trainer in the drug dealing. But licensing enforcement officials nonetheless pursued discipline against the licenses of all athletic trainers using the facility. The athletic trainer retained the Lento Law Firm's Professional License Defense Team to defend and defeat the charges. The Defense Team obtained an early voluntary dismissal of the charges after a preliminary conference confirmed that the enforcement division had no evidence of the athletic trainer's involvement.

Esthetician Avoids Disciplinary Charges Alleging Failure to Renew License

The division of licensing services of a Gulf Coast state charged an esthetician with failing to renew her license and continuing in practice without a current license. The esthetician retained the Lento Law Firm's Professional License Defense Team when the licensing officials failed to respond to her reasonable written explanation and instead notified the esthetician of an upcoming hearing. The Defense Team confirmed that the esthetician had ceased her professional practice planning an interstate move. The esthetician's license had lapsed during that time, although other licensed estheticians had taken over the charged esthetician's clients. When the esthetician's interstate move fell through, the esthetician managed the workplace for its owners for a time without providing esthetician services. The Lento Law Firm Team helped the esthetician make that presentation at the hearing, with the testimony of supporting witnesses and with documentary evidence. The hearing panel dismissed the charges, and the esthetician subsequently renewed her inactive and expired license to resume practice.

Massage Therapist Defeats Disciplinary Charges Alleging Boundary Issues

The massage therapy board of a Western state served notice of disciplinary charges on a licensed massage therapist. The charges alleged that the massage therapist had failed to maintain appropriate professional boundaries, had made or accepted sexual advances, and had promoted prostitution. The therapist retained the Lento Law Firm's Professional License Defense Team to defend the charges. The therapist simultaneously sought to withdraw from massage therapy practice in favor of other employment. The Defense Team helped the massage therapist achieve the objective of avoiding discipline by negotiating a consent agreement relinquishing the therapist's license without any misconduct finding and with a withdrawal of all charges. The consent agreement further maintained the disciplinary file as confidential. The strategy achieved the massage therapist's single objective to leave the massage therapy profession for good with a clear record.


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