License Defense 101: Don’t Waive Your Rights!

          The privilege of having a professional healthcare license is vitally important to your interests, and you worked too hard to risk losing your license by trying to represent yourself.

          Without a doubt, you must hire an experienced attorney to represent you and protect your interests if you receive a Notice of Investigation or an Administrative Complaint from the Department of Health!

          As a licensed healthcare professional, you have certain constitutional and due process rights when disciplinary action is threatened or taken against your license; however, your rights are more easily waived in administrative law cases – often unintentionally or unknowingly – than in criminal cases.

          One of the most important rights you have as a licensed healthcare professional is the opportunity to dispute the facts and charges alleged against you, which is done by demanding a Formal Hearing before an Administrative Law Judge.  However, you can unknowingly waive your right to a Formal Hearing if you do not file an Election of Rights form before the deadline!

          The Department of Health has the legal burden to prove their allegations against you with “clear and convincing evidence.”  But, if you fail to demand a Formal Hearing before the deadline to dispute the facts and allegations, you essentially admit the accusations against you.

          As in criminal cases, the constitutional “right to remain silent” also extends to license disciplinary proceedings; however, the “right to remain silent” does not happen automatically and must be asserted specifically. It’s also important to know that asserting your “right to remain silent” can also have negative consequences if not done correctly and in the right circumstances. For example, refusal to answer and respond to certain discovery requests can be considered an admission of wrongdoing. Having an attorney represent you can assure adequate cooperation with a Department of Health investigation while protecting your rights and interests.

          Each case is unique, and each healthcare professional’s case must be assessed on an individual and case-by-case basis to determine the best strategy and course of action. In disciplinary proceedings, licensed healthcare professionals should not waive their constitutional or due process rights unless their attorney has fully advised them that this is the best course of action.

          For example, defects in a Notice of Hearing may be waived if not properly raised. Knowing when and how to raise objections and exceptions to procedural defects is complicated and requires knowledge and experience in Administrative Law and Procedures.

          Don’t take chances with your license – be sure your rights are protected!  Call or text The Nurse-Attorney Marjorie Chalfant today!  (941) 920-0968