Being a psychiatrist is very rewarding, but at times also incredibly complicated. For those practicing in Southwestern Michigan, their license is the bedrock of their ability to help others, but it’s also the foundation of their livelihood. Whether you work at WMed Health Psychiatry in Kalamazoo, Psychiatric and Psychological Specialties in St. Joseph, or Oaklawn Medical Group in Marshall, problems with your license can affect not just your practice, but your reputation in the community and the life and career you’ve built.
If you or someone you know is facing licensing issues in Michigan, the LLF National Law Firm can help. We can help you respond to complaints, navigate investigations, and negotiate the best solution in your case. Call us today at 888-535-3686 or fill out our online form to schedule a consultation with our Professional License Defense Team.
How to Protect Your License in Southwestern Michigan
The thing about your license is not just that you need it to practice psychiatry; it’s that in this field in particular, your reputation is important. You need your patients to be able to trust you. And whether you have done something or not, negative results with your Board can cause patients’ trust to be shaken.
Problems you can face are varied. It can be issues with patient care, professionalism, or even medication, but if you are being investigated, the consequences can be severe. So, it is important to understand what regulatory agencies will be involved in such an investigation and what the process might look like.
- The Michigan Department of Licensing and Regulatory Affairs (LARA) is the agency responsible for licensing and setting standards across dozens of professions, including healthcare. This is, in a way, the agency that oversees the others.
- The Michigan Board of Medicine works within LARA and is the one that oversees the licensing and discipline of licensed physicians, including psychiatrists, in the state and in Southwestern Michigan.
- The Bureau of Professional Licensing (BPL) is the administrative arm of the Board. It handles license applications, renewals, document processing during disciplinary investigations, and hearings.
- The Michigan Office of Administrative Hearings and Rules (MOAHR) is the agency that gets involved if a formal hearing is required.
- In some cases, the Michigan Attorney General’s Office may step in, but only when the allegations rise to the level of criminal misconduct or involve public safety concerns.
These institutions are in charge of imposing discipline for psychiatrists and are in charge of doling out reprimands, fines, and, in more extreme cases, even suspending or revoking a psychiatrist’s license. But what does the process look like?
In Southwestern Michigan, a disciplinary process will look like this:
- The process will typically start with a complaint, which can come from concerned citizens, patients, and licensed health professionals. This complaint can be filed online, and it needs to contain all the information for the psychiatrist and the person filing the complaint. In Southwestern Michigan, anonymous complaints are discouraged and may result in your complaint being closed, as the investigator would be unable to ask for information, records, etc. It is important to note that the identity of the person filing a complaint is confidential and may only be disclosed if the person provides a written release.
- After the complaint is filed, it will be reviewed to determine if a possible violation of the Public Health Code has occurred. Based on this, the Bureau of Professional Licensing, which is part of the Michigan Department of Licensing and Regulatory Affairs (LARA), will:
- Request authorization to investigate the complaint from the appropriate health professional board.
- Close the complaint with no further action due to the complaint not being associated with a possible violation of the Public Health Code.
- Close and refer the matter to another state agency or entity if the complaint is not within the jurisdiction of BPL/LARA.
- If the case proceeds to the investigation phase, BPL investigators will interview relevant parties and collect evidence related to the complaint.
- From there on, if the investigation determines that a violation of the Public Health Code cannot be substantiated, it will close the complaint file and notify the complainant. However, if it is determined that a violation of the Public Health Code has occurred, BPL will file an administrative complaint against the licensee.
- The licensee can respond to the complaint by seeking a compliance conference with BPL to discuss and possibly settle the matter. This allows for a settlement without the need for an administrative hearing. If an agreement is reached, the proposed settlement must be approved by the disciplinary subcommittee (DSC) of the appropriate licensing board before it becomes final.
- If a settlement is not reached or if the DSC rejects the proposed settlement, the case proceeds to an administrative hearing.
- The licensee can also request a hearing with the Michigan Office of Administrative Hearings & Rules (MOAHR) for an Administrative Law Judge (ALJ) to determine the facts of the case and prepare a Proposal for Decision (PFD). The case still goes to the DSC for approval or rejection of the ALJ’s decision and for sanctions. The administrative hearing is held where a decision is reached. After the hearing, the administrative law judge submits a PFD regarding the hearing to the appropriate DSC.
- Depending on the nature of the case, BPL has the authority to summarily suspend the license if the public health, safety, or welfare requires emergency action.
- The ultimate decision is made by the Disciplinary Subcommittee (DSC) of the health profession board.
- The licensee may appeal the decision of the DSC to the Michigan Court of Appeals.
Our Southwestern Michigan defense work includes:
- To begin with, helping you understand what the complaint against you means, and breaking down what every step of the process entails.
- Responding to the initial complaint, making sure we provide enough information to defend you, but not too much that can later be used against you.
- Manage all communication with investigators so you don’t have to worry about responding and can focus on your practice.
- Helping you prepare for interviews and preparing any written statements required.
- Negotiating settlements to make sure we push for the most favorable outcome for you.
- Representing you at any hearings and in Michigan courts, if needed.
If you or someone you know is facing licensing issues or disciplinary action in Southwestern Michigan, you don’t have to do it alone. The best way to protect your practice is to have the right ally. Let the LFF National Law Firm help. You focus on your patients; we focus on this.
What Conducts Can Lead to a License Problem?
There are different conduct that can lead to disciplinary action. In Southwestern Michigan, those conducts typically fall under the following categories:
Criminal Conduct
- Felony convictions, even those that are not related to the medical practice.
- Misdemeanor convictions that involve moral turpitude, fraud, dishonesty, or substance abuse.
- Controlled substance violations of any kind, including possession and distribution.
Professional Impairment
- Practicing while mentally or physically impaired, whether it be because of substance abuse, untreated mental health disorders, or cognitive decline.
- Refusing to comply with monitoring programs like the Health Professional Recovery Program (HPRP) in cases where it’s been mandated. Also, refusal to undergo evaluations in case it’s requested.
Unprofessional Conduct
- Sexual misconduct or any kind of inappropriate relationships with patients.
- Negligent care or gross incompetence, whether it be in diagnosis or prescribing.
- Improper delegation to individuals who do not possess a license.
- Verbal abuse, intimidation, or harassment of patients or staff of any kind.
Prescriptions
- Not keeping proper records of prescriptions
- Prescribing for friends or family members without documentation, or writing prescriptions for patients who do not exist.
- Violating state or federal prescribing guidelines
Fraud
- Billing fraud
- Receiving money/gifts in exchange for patient referrals
Administrative Violations
- Failure to maintain adequate patient records
- Altering or falsifying medical records
- Violating HIPAA or other patient confidentiality rules
- Practicing with an expired license
All of these conduct, or allegations involving this conduct, can trigger a complaint, which will result in an investigation. And even if you did nothing wrong, all investigations against your license are serious, and it’s important to give them the proper attention. You can’t just expect that sharing your side of the story will be enough. It’s important to prepare and be proactive in cases like this, particularly considering what’s at stake.
That’s where the LLF National Law Firm Professional License Defense Team comes in. We can help you manage the possible risks to your license, your livelihood, and your reputation. We will be with you every step of the way, making sure you understand the allegations, are aware of every step of the process, and can provide the evidence we need to fight for your license.
Our job is to fight for your license; yours is to care for your patients. We will do ours so you can do yours.
Why the LLF National Law Firm Can Help
The thing about these kinds of investigations is that just knowing you did nothing wrong, and telling the investigator or stating it in a hearing, won’t necessarily be enough. There are rules in place, and knowledge of those rules and what every part of the process needs is your best defense against inaccurate allegations.
This is partly because licensing authorities are public protection agencies, not neutral mediators, so they don’t have to give you the benefit of the doubt, and partly because they will listen to both sides, and sometimes the one who presents the case best will win.
But the LLF National Law Firm understands that anything you tell the board might be used against you and that sometimes attempts to correct a mistake or clarify why you acted one way or another can end up being portrayed as dishonesty. And we can help you make sure whoever is on the other side of the investigation understands, too.
The LLF National Law Firm understands how licensing bodies work and how the Michigan Department of Licensing and Regulatory Affairs (LARA), the Michigan Board of Medicine, the Bureau of Professional Licensing (BPL), and the Michigan Office of Administrative Hearings and Rules specifically operate. That means we can prepare for what all those bodies require, depending on what part of the process you are facing, and can answer any questions they might have at any step of the process, and also anticipate how they might react in different circumstances.
We can help you make sure your story is clear, follows statutory and regulatory standards, and doesn’t invite follow-up. We can also be there to assist you with any other issues that might come up during the process, as well as be the ones always in charge of communication with the regulatory agencies, so you can have peace of mind to focus on your work while we handle the disciplinary process.
The LLF National Law Firm:
- Understands the Michigan Department of Licensing and Regulatory Affairs (LARA), the Michigan Board of Medicine, the Bureau of Professional Licensing (BPL), and the Michigan Office of Administrative Hearings and Rules processes and expectations.
- Is familiar with the type of correspondence you will get during a disciplinary process, and knows how and when to respond.
- Understands when to negotiate and when to litigate to make sure you get the best outcome possible.
Physician License Defense Help in the Southwestern Michigan Area
If the Michigan Department of Licensing and Regulatory Affairs (LARA), the Michigan Board of Medicine, or the Bureau of Professional Licensing (BPL) has been in contact with you, the next step you take is crucial.
You don’t have to face a disciplinary process alone. The LLF National Law Firm represents physicians across Southwestern Michigan in matters involving:
- Board complaints and investigations
- Negotiation and review of consent orders and remediation plans
- Hearings and appeals
If you’re facing a Board investigation, let us be your ally in this difficult moment. Call us at 888-535-3686 or fill out our online form and schedule a consultation with our Professional License Defense Team.