Obtaining a professional license requires an immense amount of hard work, dedication, sacrifices, and investment, both in terms of time and money. A professional license is not only a symbol of an individual's expertise in their respective field, but it represents their work ethic, passions, and ability to provide for their needs as well as their family's needs. However, allegations of misconduct or malpractice can threaten your license, jeopardizing your ability to work and survive. If you have received notice that your professional license is in jeopardy, you may feel as though there is no hope. However, the Professional License Defense Team at the Lento Law Firm understands the gravity of your situation and is ready to go to bat for your future.
Professional License Defense in Utah
There are various types of professional license issues and violations that can occur in Utah. Some examples include:
- Ethical misconduct, such as violating a client's confidentiality or sexual relations with a client;
- Substance abuse;
- Malpractice;
- Criminal charges related to your profession, such as a DUI for licensed drivers or embezzlement as a licensed account.
The possible violations are as far-reaching as the various types of professional licenses. However, many professions with professional licenses are governed by Utah's Division of Occupational and Professional Licensing ("DOPL.”) DOPL is responsible for regulating and licensing various professions in the state of Utah, including architects, dentists, dieticians, mechanics, hunting guides, massage therapists, and nurses. DOPL also investigates complaints against licensed professionals and takes disciplinary action when necessary to protect the public from unscrupulous or incompetent practitioners.
If your professional license is currently being investigated by DOPL or another agency and you fear that your livelihood is at stake, The Professional License Defense Team of Attorneys has the experience working with state agencies and the skill you need to address the allegations against you.
The Disciplinary Process for Licensed Professionals in Utah
The disciplinary process will vary slightly depending on what agency or board issued the professional license, but generally, they will all have procedures and policies in place that ensure an accused receives "due process." Due process is a legal term that simply means an accused has the right to be officially notified of the allegations against them and the right to have their side of the story heard. Together, these requirements will take the form of a formal process consisting of the following four steps.
Complaint
Most disciplinary matters begin when a governing agency, such as The DOPL, receives a complaint against a professionally licensed individual in Utah. Complaints can be raised by colleagues, clients, patients, insurers, staff, and even supervisors. Although DOPL oversees most licenses within the state, examples of other agencies that receive and investigate complaints include the Utah State Board of Education and The Utah Department of Public Safety. After receiving the complaint, the agency will notify you of the allegations against you and inform you of the next steps.
Investigation
After receiving a complaint and notifying you about the allegations, the agency will next start to investigate the claims against you. While some accusations may be true, many may be unfounded and grounded in bitterness, jealousy, or mere misunderstandings. The agency will gather evidence and will likely allow you a formal opportunity to respond to the complaint through a written statement or an oral statement. If allegations are severe enough, it's not uncommon for an investigator to simply show up unannounced at your place of work and conduct an interview or ask to speak to any witnesses. If the investigator feels that the evidence corroborates a possible violation of your license, then the agency will move forward with the process. If the investigator feels that the complaint was over-exaggerated or unfounded, they can drop the charges and close the initial investigation.
Consent Agreements And Other Retributory Options
If the investigation results in a corroboration of the evidence and the governing agency feels that your alleged professional misconduct should be addressed by disciplinary action, they may choose to offer you a consent agreement as an alternative to conducting a formal hearing. Consent agreements are essentially contracts and legally binding documents that require you to admit liability and perform certain duties in exchange for maintaining your professional license. Typically, agencies require you to agree to complete programs or training that address the source of your misconduct, such as anger management courses and sexual harassment courses. Additional retributory options such as substance abuse counseling or a leave of absence may also be put in place as a pre-condition to returning to your occupation.
Adjudication
An adjudication is a legal process used to resolve disputes between individuals and government agencies. In simple terms, an adjudication is almost like a "mini-trial" and consists of testimony, presentation of evidence, and arguments of law. Adjudications are also referred to as "hearings." At the hearing involving your professional license, the licensing board and you will both have the opportunity to present evidence and your side of the story in an attempt to convince the hearing officer as to why the claims should be dropped or your license suspended or revoked. After taking all of the evidence into consideration, the licensing board will then make a "determination of guilt" and decide what disciplinary consequences you should face.
Don't Attempt To Defend Your Professional License Alone
While it may be tempting to navigate your license defense on your own, hiring the Professional License Defense Team at the Lento Law Firm is the smartest thing you can do for your license and your well-being.
Experience and expertise matter. Laws governing licenses, professional standards, and various negligence issues are vast, and working with professionals who have the experience required to successfully navigate the complex legal system is crucial. The professional License Defense Team at the Lento Law Firm understands the intricacies of the laws and regulations that govern professional licenses in Utah and can use our knowledge to strongly advocate on your half. Additionally, self-represented individuals may not always be treated fairly throughout the investigation and hearing. We can ensure that you are treated fairly and that your due process rights are not violated.
Even in instances where you are liable for the alleged misconduct and admit guilt, we can help mitigate the extent of the disciplinary consequences by advocating for reduced punishments such as retribution programs or suspension. Specifically, we can point to extenuating circumstances in your life, such as personal issues, health issues, or your character and desire to grow from your mistakes, as reasons which justify a lesser punishment.
Finally, working with us will bring you peace of mind. Professional license issues can cause you extreme anxiety, and you may question each action you take while defending against your allegations. Although sometimes professionals are briefly suspended from working while their licenses are adjudicated, others are not. Working with us eliminates this worry and allows you to focus on your work and personal life while we handle the legal details.
Areas the Lento Law Firm Serves In Utah
The Professional License Defense Team at the Lento Law Firm can provide professional license defense to professionals in every community in Utah. While we are equipped with providing defense representation to various professionals such as nurses, contractors, plumbers, estheticians, electricians, doctors, dentists, firemen, etc., we find that most of our clients tend to live in cities that are higher in population. Just some of these major cities include the following.
Salt Lake City
Situated in a valley surrounded by beautiful mountains, Salt Lake City Is the largest city within the State of Utah and also serves as the state's capital. Salt Lake City is the most populated city in Utah and has a total population estimated at 199,678 individuals. According to statistics published by the United States Bureau of Labor Statistics, some of the top professions within Salt Lake City include:
- Business and financial operations occupations;
- Food Preparation and serving-related occupations;
- Construction;
- Healthcare practitioners;
- Educators;
- Architecture and engineering occupations; and
- Social science occupations.
West Valley City
West Valley City is located within the Salt Lake Valley and is the second-largest city in the State of Utah, with an estimated population of 145,138 individuals. Although the city was only founded in 1980, it has rapidly grown over the past several decades and is a thriving community with a strong economy. Top employers within the city are wide in variety and include Discover Financial, Sutter Health, USANA Health Sciences, and Jacobson Construction.
West Jordan
West Jordan is the third most populous city in Utah and is a diverse and growing community situated amongst Oquirrh Mountains Wilderness Park and the Jordan River Parkway. The city is home to many small businesses and currently advertises that more than 3,000 businesses are licensed in the city, ranging from "home-based operations" to "international companies."
What Type Of Conduct Might Place My License At Risk?
Professional licenses are significant in that they signal to the public that you have met certain standards and qualifications, educational requirements, and ethical standards to practice in your chosen profession. These licenses allow the public to avoid subpar service or dangerous advice and instead hire licensed individuals who governing agencies have already vetted out on their behalf. Because public trust in professionally licensed individuals is crucial for ensuring the safety and quality of services provided in many industries, professional and ethical violations are often not taken lightly, and the quality of the defense provided in these circumstances matters. Some examples of professional or ethical misconduct that can trigger necessary license defense include:
- Fraud: Fraudulent activity can take many forms and can include "upcoding" insurance providers as healthcare professionals, using substandard materials below-charged costs as contractors and engineers, and false appraisals or mortgage fraud as real estate agents.
- Negligence: Although unintentional, some conduct may be so harmful that professionals breach their duties to their clients and patients. Some examples of professional negligence may include medical errors, emotional abuse, failure to maintain proper records, failure to perform proper safety tests, and failure to properly supervise students.
- Sexual Misconduct and Inappropriate Relationships: Many professionals, such as doctors, educators, therapists, and social workers, are prohibited from engaging in inappropriate sexual relationships with their clients and patients.
- Criminal Conduct: Many agencies can suspend or revoke professional licenses for criminal activity related to their profession. For example, educational licenses may be revoked where an individual has been charged with child endangerment or abuse. Many healthcare professionals must also self-report arrests and convictions for substance abuse-related charges. In some instances where professionals are required to self-report arrests or convictions and fail to do so, their licenses may be even more jeopardized than before.
Contact The Lento Law Firm Today For Help Navigating Your Professional License Defense In Utah
Led by attorney Joseph D. Lento, the Professional License Defense Team are skilled advocates and have extensive experience representing licensed professionals in Utah and across the United States. Just some of the professionals the Lento Law Firm regularly assists include:
- Audiologists;
- Architects;
- Anesthesiologists;
- Chiropractors;
- Contractors;
- Counselors;
- CPAs;
- Dentists;
- Doctors;
- Educators;
- Engineers;
- Estheticians;
- Insurance agents;
- Land surveyors;
- Nurses;
- Pharmacists;
- Physical therapists;
- Physician Assistants;
- Podiatrists;
- Therapists; and
- Real estate agents
Allegations threatening your professional skills and ethics can snowball into life-altering changes threatening your self-esteem, personal reputation, career, and financial stability. You've worked too hard for too long to obtain your professional license, don't accept defeat! The skilled Professional License Defense Team at the Lento Law Firm can defend your character, plead your case, and carve a path forward for your future success and peace of mind. We know the laws, policies, and procedures involved in your unique set of circumstances and are well-versed in communicating about these nuances with governing bodies. We are standing by to answer any questions you may have about defending your professional license. Call (888) 858-3686 today or use our online contact form to schedule a review of your case.
