PAMELA S. RATLIFF AND STAN T. INGRAM

Very few scenarios strike more abject fear in the heart of a healthcare professional than receipt of a summons or notice to answer or defend against charges before the professional’s licensure board. At least, that is what many of the healthcare professionals we have prosecuted or defended have told us.

Healthcare professionals generally fear the unknown when facing their licensure board.  What did I do wrong? What should I expect? Am I going to lose my license? And do I need an attorney? These are the questions often asked by such professionals. Suffice it to say, healthcare professionals are generally accustomed to being “in charge”, telling others what to do, and having individuals come to them for help. Having to defend or explain oneself before a licensure board may be an unfamiliar and frightening role reversal for many of these professionals.

Currently, in Mississippi there are forty-four separate professions recognized and regulated by statutory law. Included within these regulated professions are physicians, podiatrists, dentists and nurses. All of these professions, including the other forty professions not specifically listed, are regulated by the profession’s licensure board (i.e., the Mississippi State Board of Medical Licensure, Mississippi State Board of Dental Examiners, Mississippi Board of Nursing, etc.). In the healthcare arena, the applicable licensure boards are charged by law with the role of protecting the public’s health and safety by providing reasonable assurance that the professionals licensed by the agency are competent, ethical and have the necessary knowledge and skills appropriate for their title and role. In protecting the public, the licensure board has the duty and obligation to investigate and, when necessary, to bring charges against one of its licensees when violations of the professional’s licensure rules and regulations are found to exist.  Depending on the nature and severity of the violation, licensure boards generally have the authority to discipline, suspend, revoke or take any such appropriate action as the board deems necessary in light of the violation.

Keep in mind, however, that a mere allegation or investigation of a possible violation does not prove guilt. Many complaints are dismissed for lack of cause and do not result in disciplinary action following investigation. An individual may not even be aware that a complaint has been made or that they were the subject of an investigation. Only when the investigation reveals reasonable cause that a violation of the applicable rules and regulations exist, will the licensure board proceed against the licensee and summon the individual to appear before the board at a disciplinary hearing. Licensees summoned to appear before the licensure board must be given sufficient notice of the charges alleged to allow the individual opportunity to properly answer and defend against the charges. 

The actual hearing format utilized will vary slightly from licensure board to licensure board. The proceeding is administrative in nature which generally results in a more relaxed or perhaps even collegial atmosphere. Individuals appearing before their licensure board, however, would be well advised to keep in mind that the proceeding is adversarial in nature and could result in the suspension, revocation or other disciplinary action against the individual’s license. Therefore, any hearing or appearance before the licensure board must be taken seriously.

Sometimes, in lieu of a disciplinary hearing, the licensure board and licensee may agree to resolve the matter through an agreed order. Keep in mind, however, that most often these agreed orders are deemed to be disciplinary in nature, are a public record, and will be reported to the licensee’s applicable practitioner data bank.

Should the matter not be resolved by an agreed order and a disciplinary hearing is held, an explanation of the licensure board’s hearing procedure and discovery process should be found in the board’s rules and regulations. Typically, licensure boards allow limited discovery and provide for the exchange of witness information and documentary evidence. While there is no requirement that individuals appearing before the licensure board must do so with legal representation, it should be noted that the outcome of such disciplinary proceedings potentially has great significance to the current and future professional livelihood of the healthcare professional.

Ideally, the best defense against a licensure disciplinary proceeding is to avoid ever having to defend oneself at such a proceeding. This may be accomplished by becoming more familiar with the professional’s licensure rules and regulations, consulting appropriate licensure agency representatives regarding specific questions the professional may have, or through development of appropriate mentoring relationships with experienced fellow professionals. With that said, however, there may be times, despite attempts to avoid otherwise, when a healthcare professional may have to appear and defend before his or her licensure board. In those situations, it is useful to have a strong grasp of the alleged violations, the rules and regulations governing the profession, and, where possible, to have an advocate familiar with proceedings and process to assist with any defense the healthcare professional may have.

Pamela S. Ratliff and Stan T. Ingram are attorneys with Robinson, Biggs, Ingram, Solop & Farris, PLLC, with offices in Jackson and Oxford, Miss. and Little Rock, Ark.



August 2008