Professional License Defense Attorney for Violations of Federal and State Statutes
When you’re under investigation for alleged violations of state or federal credentialing statutes in Minnesota, it’s important to get the right lawyer involved from the very beginning. Keller Law Offices in St. Paul and Minneapolis can guide you through the investigation process to ensure your rights are protected, provide you with license defense strategies that minimize the impact of violations allegations, and even defend you against criminal charges.
Call Keller Law Offices at 942-913-1421 to schedule your personal consultation with our professional license defense attorneys.
Consequences of Statute Violations
The Minnesota Board of Medical Practice takes allegations of federal and state professional license statute violations seriously. Some disciplinary actions for violations can impact the terms of your professional licensure or your ability to practice. Others result in significant monetary fines. Sometimes, when criminal activity is alleged, your freedom may even be at stake. In any case, an adverse decision by the Board will almost surely tarnish your professional reputation.
Licensing actions are imposed by the board that regulates your professional license. They may be in the form of administrative actions or civil penalties. Under the standard provision, which is applicable to all licensed and registered medical professions, a regulating body is authorized to:
- Revoke or suspend your license or registration
- Add conditions or restrictions to the use of your professional license or registration
- Refuse to renew your license if it finds that you’ve violated a provision of the licensing statute
- Censure or reprimand you for statute violations
When substantial maltreatment of a child or vulnerable adult has occurred, the Board is authorized to immediately temporarily suspend your license, deny a credential, or require that your performance be supervised by a peer or someone of authority.
If your profession is regulated by the Minnesota Department of Health, the Commissioner of Health has the ability to impose civil penalties, issue a cease and desist order, or apply for injunctive relief to prevent you from violating a statute. The Board that regulates your profession may also bring actions in District Court to restrain unauthorized practices or prevent violations of statutes they enforce.
Monetary fines and other costs may also be imposed. These penalties are generally designed to cover the cost of the investigation, discourage additional violations, and deny you economic gain from the acts. Penalties can be as much as $10,000.
Many violations of state and federal statutes are also crimes that are prosecutable in district court. For instance, you may be charged with a gross misdemeanor if you’re accused of:
- Practicing without a license, registration, or certificate
- Fraudulently obtaining a professional license or implying that you have a license when you don’t
- Practice outside of the scope of your profession
Understanding Your Rights When Federal and State Statute Violations Are Suspected
Under Minnesota law and the United States Constitution, your professional license or credential to practice is a property right. It cannot be taken away without due process. Licensing boards must follow specific procedures before disciplinary action can be taken.
When a complaint involves sexual contact with a patient or client, criminal conduct, vulnerable adult or child abuse, or substance abuse, it must be forwarded to the attorney general.
You may be presented with a stipulation and consent order that imposes disciplinary action or places conditions on your license, limiting your ability to practice or regulating your activity. You have the right to refuse to agree with the order and initiate a contested case hearing.
How Our Professional License Defense Attorneys Can Help
At Keller Law Offices, we understand the gravity of medical board investigations and proceedings. When a complaint is filed against you, we can help you prepare appropriate board responses, advise you during the investigation, and defend your rights as your case proceeds. We’ll be beside you at your hearing, help ensure any stipulation and consent order you enter into is fair, and initiate a contested hearing on your behalf if necessary. If you are facing criminal charges as well, our attorneys will employ legal strategies to minimize the damage. We may be able to get your charges reduced, minimize your penalties, or even get your case dismissed.