Psychiatrists practicing in the Portland–Lewiston–South Portland Metro area are regulated and examined by the Board of Licensure in the State of Maine (Board). As a licensed psychiatrist, you are entitled, due to your hard work and expertise, to work as a licensed physician. Your license grants you professional income, security, and standing. However, state medical Boards are granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules. Many times, allegations that a psychiatrist has violated a rule are based on a misunderstanding, or even a personal grievance held by a patient. Regardless of whether any allegation has merit, it is important to take it seriously and address any complaint as soon as possible.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending psychiatrists against allegations of misconduct. We are available to help throughout the State of Maine and can represent you before the Board throughout the Portland–Lewiston–South Portland Metro, including:
- Portland
- South Portland
- Westbrook
- Scarborough
- Saco
- Biddeford
- Old Orchard Beach
- Lewiston
- Auburn
- Lisbon
Our Team provides services in all areas related to psychiatrist license defense, regardless of whether you work in a solo practice or as part of a large health network. Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
Practice of Psychiatry in the Portland–Lewiston–South Portland Metro area
The practice of psychiatry is diverse in the Portland–Lewiston–South Portland Metro area, from small one or two-doctor offices to large hospitals and institutions such as:
- MaineHealth / Maine Medical Center Behavioral Health
- Spring Harbor Hospital
- LifeStance Health
- Talkiatry
- Casco Bay Mental Health / Community Mental Health Centers
- Common Ties Mental Health Services
Regardless of the size of your practice or specialty, the Board is authorized by Maine law to regulate and license any person who practices medicine in the State of Maine, including the Portland-Lewiston-South Portland Metro area. In addition to the Board’s role in licensing psychiatrists and setting standards for continuing education, it is also in charge of disciplining psychiatrists who violate Maine state laws, rules, and regulations related to their license.
Under Maine state law, the Board generally has broad authority to suspend or even revoke the license of a psychiatrist. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the Board. Let the LLF National Law Firm’s Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Conduct That Is Grounds for Discipline of Psychiatrists in the Portland-Lewiston-South Portland Metro Area
The State of Maine has specific laws, rules, and regulations that govern the practice of medicine. Generally speaking, these are designed to ensure that psychiatrists conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss or suspension of your license for the most serious infractions. There is a wide range of actions that can cause a psychiatrist to be subject to discipline, including:
- The practice of fraud, deceit, or misrepresentation in obtaining a license to practice medicine;
- Misuse of alcohol, drugs, or other substances;
- A professional diagnosis of a mental or physical condition that has resulted or may result in the psychiatrist performing services in a manner that endangers the health or safety of patients;
- Aiding or abetting the practice of medicine by an individual who is not licensed and who claims to be legally licensed;
- Incompetence in the practice for which the psychiatrist is licensed;
- Unprofessional conduct. A psychiatrist is considered to have engaged in unprofessional conduct if the psychiatrist violates a standard of professional behavior, including engaging in disruptive behavior, that has been established in the practice for which the psychiatrist is licensed.
- Conviction of a crime that involves dishonesty or false statement or relates directly to the practice for which the psychiatrist is licensed.
- Conviction of a crime for which incarceration for one year or more may be imposed;
- A violation of any rule adopted by the Board;
- Prescribing narcotic or hypnotic, or other drugs listed as controlled substances by the Drug Enforcement Administration for other than accepted therapeutic purposes; and
- Failure to comply with laws regarding the prescription of certain narcotic medications.
Many of these violations are not clear-cut and straightforward. However, reasonable minds can differ, for example, about what constitutes overtreating of patients or malpractice. The LLF National Law Firm has seen many instances where charges are brought against psychiatrists based on faulty evidence or little to no evidence at all.
As discussed below, oftentimes the Board will take the word of patients or others at face value instead of critically examining any mitigating or exculpatory evidence. This leads to overcharging or even bringing a complaint that is completely baseless. The LLF National Law Firm will fight these charges and/or negotiate with the Board to a mutually acceptable conclusion.
What Happens After Allegations of Misconduct Are Made Against a Licensed Psychiatrist
Notably, a proceeding with the Board is not a full-scale legal proceeding. Although some legal principles are used, there is a distinct lack of procedural rules and other protections that are commonly available in a court of law. This sometimes results in the deck being stacked against you, making it imperative to contact the LLF National Law Firm.
The lack of established due process requirements makes it crucial to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you. Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process and may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.
Maine also has specific rules that govern the procedures for the handling of complaints made against licensed psychiatrists. The following is a brief general discussion of what to expect in any disciplinary hearing. Please refer to the Maine rules for specific information, or contact the LLF National Law Firm’s Professional Defense Team to speak to one of our professionals.
Upon receiving a complaint, the Board will typically open a file and may also ask the person filing the complaint for more information about the alleged misconduct. Typically, the Board will be required to send a copy of the complaint and any supporting documentation to the psychiatrist. The psychiatrist will then have a specified period of time to submit a written response or waive the right to do so.
If you receive a notice of a complaint filed against you, you have the absolute right to contact an attorney and obtain legal representation at that time. Often, engaging an attorney in the early stages of the process can have a positive effect on the outcome.
The Board will then make a determination as to whether the complaint has merit, and it may authorize an investigation and may assign the complaint to a separate ethics investigator or investigatory body. The investigator will typically have the right to conduct interviews of the complaining person, any witnesses, and the psychiatrist.
If a complaint is filed against you and you are asked to be interviewed by an investigator, it is crucial to speak with an attorney as soon as possible. Even if you believe that there is no basis for the complaint, you do not want to make a statement that could be used against you at a later date.
If the psychiatrist is found guilty, the Board may do one or more of the following:
- Warning
- Censure
- Reprimand
- Civil monetary penalty
- Additional medical education
- Probation with conditions
- License restriction(s)
- Suspension
- Loss of license
Regardless of the potential consequences, any finding of guilt could have serious consequences for your career.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the Board, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified attorney by your side. Even if your license is not revoked or suspended, your job may be in jeopardy if you are employed by a hospital or health system such as MaineHealth / Maine Medical Center Behavioral Health and Spring Harbor Hospital.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the Board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings, where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the Board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The LLF National Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with psychiatrists in the Portland-Lewiston-South Portland Metro area and nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
- Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
- If a negative outcome results from the hearing, filing an appeal in the Maine court system to vindicate your rights
Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.