Your medical school likely drilled it into your head: your medical license is, without question, your most important asset as a physician. In practical terms, of course, you can't practice without a license. Just as important, though, your license lets your community know that you have a medical degree and that you've demonstrated to the state of New Hampshire that you can be trusted to minister to the needs of patients.
Given just how important your license is, there is nothing scarier than having it threatened. An allegation of misconduct, questions about your continuing education hours, a notification that your degree might be fraudulent—any one of these can put your license in jeopardy. And, in today's social and political climate, you can't simply count on the Board of Medicine to have your best interests in mind or to make the right decisions about your license, even if you've done everything you're supposed to.
With so much at stake, how do you protect yourself and your license?
Fortunately, if you're facing an investigation in New Hampshire, you don't have to deal with the situation all on your own. State law gives you the right to appoint an attorney to represent you at all meetings and proceedings, including any hearings.
The very moment you think you might have a problem, it's important you contact the Lento Law Firm Professional License Defense Team. They're fully informed about all New Hampshire state licensing requirements, they're experienced with all the Board's rules and procedures, and they've helped hundreds of physicians protect their licenses over the years. They're also on your side. They know just how hard you work every day to protect public health and safety, and they're committed to protecting your reputation any time it's threatened. Whether it's a question of whether your continuing education courses were approved or an allegation of malpractice, the Lento Law Firm is here to make sure you get the very best resolution to your case.
The Physician Licensing Process in New Hampshire
Let's start with the basics. What is required to obtain a physician's license in New Hampshire?
As part of the initial application process, you're required to submit:
- A form application
- Verification of your credentials through the Federation Credentials Verification Service (FCVS)
- A state addendum questionnaire
- An affidavit and authorization for the release of your records
- An FBI Criminal History Check
- Letters of reference
- A recent 3x5 photograph
- A fee of $328
Of course, you're not done once you are granted a license. Thereafter, you must renew your license every two years. As part of that process, you must complete a minimum of 100 hours of approved continuing education. In addition, the Board reviews your entire record of that two-year period and your career overall. Any problem—even a minor mistake—can threaten your license. For example, a DUI or a domestic abuse conviction—convictions that would seem to have no direct relationship to your competence to practice medicine, can raise questions for the Board.
Whether you're seeking approval for your education hours or trying to explain a blemish on your record, the Lento Law Firm Professional License Defense Team knows how to navigate New Hampshire's Physicians Licensing system and how to use that system to your advantage. You can trust the firm's attorneys to be familiar with forms and documentation requirements, stay up-to-date on any new licensing rules, and make sure your interests are always protected.
Contact the Lento Law Firm Professional License Defense Team today at (888) 535-3686 to find out other ways we can help.
Just What Can Put Your Physician License at Risk?
Applying for and renewing your license are important processes, but they're only a part of what it takes to protect your license. Unfortunately, even if you're meeting all the Medical Board's many expectations, your license can still be put in jeopardy by a single complaint lodged against you. The Board has the authority to open investigations into your professional conduct and even your personal behaviors, and if it feels you've violated state regulations, it also has the power to initiate disciplinary action against you. What kinds of accusations can trigger an investigation? The list is long.
- Unprofessional Conduct: This is a broad-ranging category of misbehavior that can include anything from verbal abuse of a patient to conducting an inappropriate relationship with a colleague.
- Misuse or Mishandling of Drugs: Your ability to prescribe medications is an enormously important part of your practice. It's also one that is easy to abuse. Over-prescribing medication, prescribing unnecessary drugs to yourself, and misusing samples can all get you into serious trouble. The fact is, though, that you can be disciplined even for simple mistakes, like improperly documenting the drugs you dispense.
- Patient Abuse or Neglect: Any accusation of patient abuse can trigger an investigation, whether that accusation concerns physical, mental, verbal, or sexual abuse.
- Fraud: Any attempt to falsify records is subject to allegations of fraud. Often, though, doctors find themselves accused simply because they made a mistake. You can also be charged with fraud for false advertising or claiming credentials you don't actually have.
- Employing an Unlicensed Person: Everyone in your practice must be fully licensed, or you can be sanctioned.
- Drug Use: State law prohibits habitual drug use. In fact, it bars habitual use of all “intoxicants.”
- Criminal Convictions: Any violation of state or federal law is grounds for license revocation, even if that violation has nothing whatsoever to do with your professional duties. New Hampshire expects all of its physicians to adhere to the strictest standards of moral and ethical character. Whether your conviction has to do with drug possession or something relatively innocuous like drinking and driving, it could very well mean the end of your medical career.
Of course, it's your responsibility to abide by the expectations of your profession. Again, though, it's certainly possible to wind up accused through no fault of your own. In addition, it's important you recognize that even if you have committed a violation, often the Board's sanctions are more severe than the violation deserves. The Lento Law Firm Professional License Defense Team isn't just skilled at defending you from allegations. It's also experienced in appealing unfair sanctions.
The Disciplinary Process in New Hampshire
An allegation of any type of misconduct is a serious matter, and you should never take it lightly. The good news, though, is that an allegation doesn't mean you'll lose your license. You always have the right to defend yourself, no matter what charges you're facing. Here's an overview of how that process works, followed by a more thorough explanation of each part.
- Cases typically begin when someone makes an official complaint about you.
- The New Hampshire Board of Medicine conducts a full investigation of the complaint.
- If the Board believes the evidence proves you are Responsible for a violation, it will issue a Letter of Concern describing the findings against you and assigning a sanction.
- You are then given the opportunity to defend yourself at a formal hearing.
Complaints
One of the most frustrating parts of maintaining a physician's license is that complaints can come from almost anywhere, including
- Colleagues
- Patients
- Employees
- Other clinic or hospital staff
- Insurers
- Supervisors
In addition, the NH Board of Medicine conducts regular inspections and could charge you itself for violating the terms of your license. In other words, your license can be revoked even if no one has lodged a specific complaint against you.
Keep in mind, though, that a Complainant can't get your license revoked all on their own. The final decision is in the hands of the Board, and the Board must follow procedure and afford you some important due process rights.
Investigation
The Board's first responsibility when it receives a complaint is to perform an initial inquiry to determine whether or not the complaint is credible and actionable. An allegation of “rude behavior,” for instance, generally won't rise to the level of an official investigation. Not every complaint is going to result in a full investigation.
If the Board does decide to proceed with the complaint, it has several options available in terms of investigation. One or more members of the Board can conduct the investigation, or the Board can ask an outside agency or organization to conduct the investigation on its behalf.
In any case, the Board should supply you with a copy of the official charge against you. This document offers important information about the details of the accusation, and it outlines your rights as the Respondent to this accusation.
Investigators often begin by asking you to offer your side of the story. In addition, though, they will like to interview the Complainant and any potential witnesses. They might speak with any supervisors you have, with colleagues, and with other staff with whom you interact. In addition, you can expect them to collect any physical evidence related to the case.
Even at this point, the Board may not charge you with an offense. Investigators don't have the authority, on their own, to charge you. Instead, they turn over their findings to the Board, which must then make a decision about whether the evidence warrants further action.
Keep in mind, though, that you don't want to wait until you are facing a formal hearing to contact the Lento Law Firm Professional License Defense Team. Even if you know you are innocent, you can't count on the Board to find you innocent. And, it's much harder to fight suspension or revocation of your license after the Board has made its decision. You want to do everything you can from the moment you're charged and throughout the investigation to prevent the case from going further. That means having the best help you can find—attorneys from the Lento Law Firm Professional License Defense Team —by your side.
The Lento Law Firm isn't just here to represent you at hearings. Firm attorneys can help you respond to questions, offer up evidence to investigators, and ensure that you're treated fairly from start to finish.
Letters of Concern
Next, the Board considers the Investigative Report during a closed-door session and determines whether or not you have committed a violation and what, if any, sanction should be applied.
If it does find you Responsible, it issues a Letter of Concern. This letter describes the charges against you, details the investigative findings, and explains exactly what penalty will be applied. Those sanctions can vary widely, but most often, they include
- Probation
- License suspension
- License revocation
Should you accept the charges against you and the proposed sanction, the Letter of Concern goes into immediate effect. In addition, it is generally made public. However, before that happens, you have the right to defend yourself at a formal hearing.
It can be tricky to decide what's best in your particular situation. Sometimes it's better to insist on your innocence. In other cases, you're better off admitting fault but contesting the sanction. The Lento Law Firm's Professional License Defense Team has represented hundreds of doctors. The firm's attorneys have the experience and insight to help you make the best decision no matter what your particular situation might be.
Hearing
If you choose not to accept the Board's findings, its sanctions, or both, the case then moves to a formal hearing. These hearings resemble criminal trials, at least in their basic outline. You get a chance to submit evidence; you are allowed to call witnesses; further, you can cross-examine any witnesses against you. Cases are heard by a three-member panel made up of members of the Board, and ultimately they determine whether or not you are Responsible for a violation and what if any, sanction to give you.
Crucially, the New Hampshire Board of Medicine allows you the right to legal representation at any meetings or legal proceedings, including hearings. This means an attorney can accompany you, speak on your behalf, and conduct a witness examination.
While these hearings do resemble a criminal trial, though, they aren't exactly the same. Arguing your innocence before a handful of Board members is far different from making your case before a judge and jury. For one thing, the same Board members that decided on your guilt before are now tasked with judging your claim of innocence. In contrast, the police and the courts are separate institutions in criminal cases. In addition, the panel doesn't have to find you guilty “beyond a reasonable doubt.” Instead, it uses a far less strict legal standard known as “preponderance of the evidence.” In simple terms, you're “guilty” if panelists are more than fifty percent sure that you committed an offense.
What does all this mean? It means that while you definitely need an attorney to represent you, not just any attorney will do. You need an attorney who knows how license defense work, who understands the New Hampshire licensing system, and who has experience dealing with Board members and hearing panels. The attorneys at the Lento Law Firm have helped hundreds of clients just like you protect their licenses and their medical careers. They know exactly what you're up against, and they're on your side. They'll do whatever it takes to get you the best possible resolution to your case.
Why You Need a Physician License Defense Team
It should be reasonably plain at this point just why you need an attorney to handle any threat to your license.
- First, the stakes are incredibly high. Your license to practice medicine is on the line, and, at the risk of stating the obvious, should you lose that license, your career is over.
- A license defense can be incredibly complex. Attorneys are trained to navigate judicial systems and to help guide clients through these complex processes. They know what makes for the strongest evidence; they know what questions to ask witnesses; they know your rights and how to protect them.
- Finally, you must understand that the Board is not on your side. Again, the Board investigates you; the Board decides whether or not you are Responsible for a violation; and, if you should contest the Board's findings, you then have to make your case in front of those same Board members. The deck is already stacked against you. You need someone who's on your side, an advocate who can make sure your interests are protected.
You need the right lawyer, though. Too often, doctors choose a local attorney or family attorney to deal with their licensure issues. On the surface, that makes a kind of sense. These attorneys are in your neighborhood, and you may even have a pre-existing relationship with them.
Dig a little deeper, though, and that logic falls apart. Licensing is a very particular area of the law, one the average attorney isn't familiar with. They haven't studied the statutes; they aren't familiar with all the subtle differences in cases, and they probably have no experience representing clients in such matters. You want an attorney who knows their way around a judicial proceeding but one who also understands that a Board of Medicine hearing can be considerably different from a court case.
The attorneys at the Lento Law Firm built their reputations by representing doctors and other professionals from all types of misconduct charges. They know New Hampshire law as it applies to physicians. They know what the field of medicine expects of its practitioners, including the American Medical Association's Code of Ethics. They also know how the New Hampshire licensing system works.
If you need someone to draft your will or represent you in a DUI case, a local attorney is probably your best bet. If you're trying to defend your medical license, though, you need someone with a background defending medical licenses. You need someone from the Lento Law Firm.
Other Licensure Concerns
One final note: the Lento Law Firm isn't just available for misconduct defenses. Their understanding of the New Hampshire licensing process makes them an excellent resource for a whole host of other professional concerns.
For instance, the Lento Law Firm attorneys stay abreast of the law. They know when state and federal laws are being proposed and can predict how those laws might affect your day-to-day practice. They keep up with every law that is passed and are particularly skilled at making sure you understand what those laws mean to you.
In 2022, for example, the state legislature updated rules about when medical licenses expire. Before, you had until June 30 to file a renewal. Licenses now expire “two years from the date of issuance, on the last day of the month in the month the license was issued.” That means you have to keep up with your own particular renewal month.
You can also expect the Lento Law Firm's Professional License Defense Team to keep a close eye on the New Hampshire Board of Medicine itself. Attorneys monitor monthly Board meetings, so they have a sense of how the Board's politics shift, what proposals are under consideration, and how hearing panels have been ruling in recent cases.
Another issue medical professionals sometimes have to deal with is accrediting questions about the schools where they studied. If your med school, or even your undergraduate university, should lose its accreditation, you can expect the Board to raise questions about your credentials. That can be a delicate negotiation process. You need an attorney who knows how to work with all sides to come up with a solution that lets you keep your license. The attorneys at the Lento Law Firm have a strong track record of working with Board of Medicine members. They know who to talk to when problems like these arise, and they know exactly what to say.
What Can the Lento Law Firm Professional License Defense Team Do For You?
Your medical license means everything to you. It gives you the right to practice your profession. It certifies that you are qualified and experienced. It lets patients know that you can be trusted. If that license is being threatened in any way, you can't afford to take chances. You absolutely must do everything you can to defend yourself, and that starts with hiring the best legal representation you can.
The Lento Law Firm understands your situation. They've helped hundreds of doctors and other healthcare professionals handle similar situations. They know the law. They've studied it, and they keep up with how it continues to grow and evolve. And they know the licensing system in New Hampshire.
If your license is under threat, don't wait to see what might happen. Begin building your defense now.
To find out more about exactly what the Lento Law Firm and their team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
