In Missouri, professional licenses usually do not cost more than a few hundred dollars to acquire, but they are quite expensive when you take into account all of the time and energy you have put into learning your trade and qualifying for such a license. If anything were to happen to your professional license, it could greatly affect your ability to work, provide for your family, and save for your future.
Don't try to defend yourself alone; call Attorney Joseph D. Lento and the Lento Law Firm Professional License Defense Team immediately for help.
The Lento Law Firm: Professional License Defense in Missouri
When you decide to pursue a profession in Missouri, there's a good chance you will need to acquire a professional license. Professional licenses in Missouri are overseen by the Missouri Division of Professional Registration (MDPR) and a dozen different professional boards. For instance, if you are a physician assistant in Missouri, your license the MDPR and the Board of Healing Arts will oversee your license and be in charge of adjudicating any claims made against you, but if you are a funeral director, your license is overseen by the MDRP and the Board of Embalmers & Funeral Directors.
No matter which license you have, there is a good chance that when you received it, you also agreed to abide by certain guidelines. These guidelines are meant to regulate behavior and ensure licensees are always acting ethically and professionally. If you violate one of the guidelines, you could be at risk of losing your license. The most common things that cause professional license violations include allegations of patient confidentiality violations, misusing social media, sexual misconduct, substance abuse, and insurance fraud. Furthermore, if you are accused of a criminal act, the professional licensing board overseeing your license will be notified. For example, if you are a physician who is accused of getting into a car accident with a blood alcohol level of 0.04 or higher, the Board of Healing Arts, Physician & Surgeon Division will be informed of the allegation. In turn, they have the authority to bring disciplinary action against you, which could result in losing your medical license. When you lose your medical license, you can no longer practice medicine. Thus, you run the risk of not only losing the license but your job, home, and other possessions.
If you are accused of violating the policies and standards of your professional license, it is crucial you reach out to a Professional License Defense Attorney. Attorney Lento and the Lento Law Firm Professional License Defense Team guarantee the best possible outcome for your case with their help.
The Disciplinary Process for Licensed Professionals in Missouri
Professional licensing boards all have different disciplinary action procedures, but they generally follow the same structure – complaint, investigation, and hearing.
Complaint
First, an individual will log a complaint against you with the board that oversees your license. So, if you are a nurse in Missouri, the Board of Nursing will oversee a complaint about you, but if you are a Real Estate Appraiser, a complaint against you will be overseen by the Real Estate Appraisers Commission. It's important to remember, too, that anyone can file a complaint against you. Though the most common complainants are:
- People you work with.
- Customers, clients, or patients.
- Other practitioners, agencies, or consultants in your area who might have a grudge against you.
- Insurance agencies, if they suspect fraud.
- Court clerks when they need to notify the board of a criminal allegation or charge.
Investigation
After a complaint has been made, the licensing agency in charge will initiate an investigation. During the investigation, they will notify you of the complaint and invite you to respond to the accusation. Usually, this response must be made within a certain period and be addressed to both the board and the complainant. Additionally, the investigator will interview the complainant and yourself. While most investigators will schedule an appointment with you for the interview, there are some cases where they will show up unannounced at your workplace. These instances tend to happen when the complaint includes an allegation of drug or alcohol use.
When this initial investigation ends, the investigator will take the information they learned and compile it into a report, which they will file with the overseeing licensing agency. In cases where the investigator has found zero supporting evidence, they will dismiss the case outright. However, if they do find evidence to support the complaint, they will pursue the matter further.
Having an attorney on your side throughout this process is key to ensuring you get out unscathed.
Hearing
Once the investigator has made their preliminary decision, the licensing agency will schedule a hearing to review the matter more formally. During the hearing, both you and the complainant will have an opportunity to present relevant evidence and witness testimony to support your argument. You should also have the chance to cross-examine the other side to continue to support your position. The specific instructions for the hearing will depend on the licensing agency in charge. Attorney Lento will review their particular procedural rules and determine how best to proceed.
At the end of the hearing, the licensing agency will determine whether you are responsible for the accused violation and what sanctions to impose. Sanctions can include anything from a warning letter or probation to license limitations, suspension, or revocation of your license. Sometimes, though, they will impose a consent order as a sanction. Consent orders allow both parties to come to an agreement on how to proceed after an allegation is investigated, including what sanctions to impose. Usually, you do not have to sit through a hearing if this is the route you are taking.
While consent orders sound great, and they do have a place in the adjudication process, it is important to consult with a professional license defense attorney who understands the ramifications of such an order and whether it is worth pursuing.
Why You Need the Lento Law Firm to Help Protect Your License
Any complaint against you is a threat to your professional license. For instance, if you are a Missouri licensed respiratory care provider accused of divulging protected patient information, the Board for Respiratory Care will oversee the complaint against you. Depending on how long the Board allows complaints to be made, these accusations could be held over your head for years, disrupting your life and making it difficult to work.
Hiring an attorney is the only way to ensure you are fully prepared to deal with the allegations against you. Attorney Lento and the Lento Law Firm Professional License Defense Team know the kinds of pressure you are under. You want to protect your career from any negative consequences allegations like this could cause. Not only will they make sure you are fully prepared to defend yourself come discipline hearing day, but they will also:
- Review the complaint, facts surrounding it, and any other information you provide, and then decide on the best way to move forward.
- Draft a strong response to the original complaint on your behalf.
- Gather relevant evidence.
- Interview potential witnesses and collect their testimony.
- Lead negotiations with the regulatory agency overseeing your license as your official legal officer.
Areas the Lento Law Firm Serves in Missouri
Attorney Lento and the Lento Law Firm Professional License Defense Team have worked with professionals in all sorts of industries all over the state of Missouri, including physicians, nurses, physician assistants, dentists, building contractors, physical therapists, and real estate agents. While their clients are spread out around the state, many live in the five major cities listed below.
Kansas City
Sitting on Missouri's western edge, just over the border from Kansas, the largest city in Missouri is Kansas City. Home to over 500,000 residents, Kansas City is a hub for medical professionals. Not only does it have three major hospitals and two rather large medical school programs, but St. Luke's Hospital of Kansas City is also actually ranked nationally in cardiovascular treatment, and the University of Missouri Kansas City School of Medicine is one of the leading research hospitals in the country. Altogether, there are almost 8,000 physicians in the area.
St. Louis
The second largest city in Missouri is located along the Mississippi River. With its iconic Gateway Arch, St. Louis has a population of over 300,000. Additionally, there are three hospitals, one of which, Barnes-Jewish Hospital, is nationally ranked in 11 specialties, including gynecology, diabetes, and neurosurgery, and is affiliated with St. Louis's Washington University School of Medicine, one of two medical schools in the area.
Springfield
Located in southwestern Missouri and home to nearly 169,000 residents is the city of Springfield. While smaller than the other major cities in Missouri, Springfield has two high-performing hospitals, Mercy Hospital, and CoxHealth Springfield. In fact, the city's major workforce is employed in the healthcare industry.
Columbia
With almost 125,000 residents, Columbia, Missouri, is known as the “Athens of Missouri” because of its commitment to education and beautiful landscapes. As a college town, the professions that drive the economy are research, education, high-tech, healthcare, life sciences, and manufacturing. The University of Missouri has a MU Health Campus in Missouri, which has 390 beds and is a Level I trauma center that sees more than 25,000 emergency room patients every year.
Offenses or Allegations That Might Jeopardize Your Professional License
In Missouri, professional licensing boards are committed to fostering integrity in their respective industry. As such, they expect their licensees to maintain public trust and endeavor to uphold any professional rules and responsibilities the board places on them. When a complaint is made against the licensee for ignoring those responsibilities, the board will seek to correct the issue.
For instance, if you are a physician assistant and accused of practicing medicine without a license, the Board of Registration for the Healing Arts will discipline you. Such disciplinary action may include:
- Warning, censure, or probation of your license for up to 10 years.
- Requiring you to attend counseling or treatment.
- Publicly or privately reprimanding you.
- License suspension for up to 3 years.
- License restrictions for an indefinite amount of time.
- License withholding or revocation.
Physicians, nurses, and physician assistants can also be punished for the following actions:
- Using controlled substances or alcohol and it impairs their ability to work.
- Being criminally charged and adjudicated for any offense related to their license or anything related to fraud, dishonesty, or acts of violence or moral turpitude – even if not sentenced.
- Using fraud, deception, misrepresentation, or bribery to get any type of license, permit, or certificate of registration.
- Misconduct, fraud, dishonesty, or unethical conduct while performing licensed professional duties.
- Overbilling patients or insurance providers.
- Getting kickbacks for referrals.
- Continuing to perform inappropriate or unnecessary procedures.
- Delegating professional responsibilities to an individual who is not qualified, skilled, or licensed to perform them.
- Physically or emotionally abusing a patient, co-worker, or employee.
- Failing to maintain patient confidentiality.
- Signing a blank prescription form.
- Using physician-patient relationships to influence patients to engage in sexual activity.
- Being listed on any state or federal sexual offender registry.
- Misrepresenting that any disease or ailment can be cured.
- Any other unethical or unprofessional conduct that involves a minor.
While this is not a complete list, it proves how many things could disrupt your professional license. Just as medical professionals need to be careful to avoid complaints against them, so do electricians, plumbers, and building contractors.
The Lento Law Firm: Professional License Defense for Licensed Professionals in Missouri
Attorney Joseph D. Lento and the Lento Law Firm Professional License Defense Team are dedicated to helping professionals in Missouri navigate complaints against them. You have worked so hard to get to where you are, don't waste time worrying about how to handle these proceedings. Attorney Lento and the Lento Law Firm Professional License Defense can help. Call 888-535-3686 today for help, or schedule a consultation online.
