Defending Your Professional License: What You Need to Know

By Stacie Patterson

A vast majority of licensed professionals go through their entire career without being investigated by a licensing agency. Those who do face scrutiny are often unaware of the process they're about to enter, and as a result, are typically unprepared at the onset to adequately defend themselves.

Do you need an attorney? Do you want to participate in the investigation? Can you continue to practice? How long does the process take? What are the best case/worse case scenarios? These are just some of the questions that may run through professionals' minds upon receipt of a letter from their licensing agency notifying them that an investigation into alleged unethical conduct is imminent. Here are some answers:

• Discuss your situation with an attorney who has experience with license defense. This might sound a bit self-serving-since that's what I do-but I'm not marketing myself; I'm simply recommending that you address license agency scrutiny with an attorney who's handled similar cases. And, it's critical to be brutally honest with your attorney about what an investigation could uncover, so she can guide you appropriately.


• Understand that it may be in your best interest not to participate. The licensing agency is going to conduct its investigation with or without your participation, and the last thing you want to do is provide fodder to it. An agency investigation is often broader than indicated, and you won't be privy to discovery at this juncture-so you won't know exactly what information it has on you and what's being alleged. Your attorney-who knows the entire picture if you've been frank with him-will be able to help you make an informed decision regarding your participation, understanding that the best outcome is the agency deciding it doesn't have enough information to proceed.


• Remove emotion from your decision-making. This is certainly easier said than done, since it's human nature for us to look at any set of facts in a way that benefits us, and color the truth to our advantage. You need to trust your attorney to be an unbiased advocate-and remember that facts can be spun in multiple ways.


• Be aware of the possible next steps. In the event the agency chooses not to close the file, it may file an accusation, which is similar to a criminal complaint, at which time the right to discovery kicks in, so you can see what information it has. As an alternative, the agency may issue a citation, which technically isn't considered discipline and is usually resolved with a fine and/or requirement to complete applicable classes, or a public or private reprimand, the former of which is often available via the Internet.


• Be professional, and proactive as needed. In most circumstances, you'll be allowed to practice during the investigation into your alleged behavior, which in some instances can take years. This delay can be used to your benefit, if there is an issue to address, by entering into rehab or taking other applicable mitigating actions to demonstrate your ability to correct past misdeeds. It goes without saying that your ongoing behavior must be totally above reproach.


• Realize how the process can end. If an accusation is filed, you often have the opportunity to negotiate a resolution or you can assert your right to a hearing. The worst outcome will be to lose your license-but even then you often can reapply after a period of time.

Something to never lose sight of is that it's a privilege, not a right, to have a professional license. And, like a felony conviction, a license revocation can adversely affect your career for the rest of your life. For example, a Realtor licensing board may look askance at an applicant who had her nursing license taken away; the industries are totally different, but behaving ethically and professionally is a common bond.

Stacie L. Patterson
Professional License Defense & Criminal Defense Lawyer
Since starting her own practice in 2008, Stacie focuses on professional license and criminal defense. Before starting her own law firm, Stacie was a trial attorney with a small litigation firm focused on professional liability defense and white collar criminal defense. She represented individuals under investigation and/or being prosecuted for white-collar offenses in both federal and state court. Prior to that, Stacie worked as a deputy public defender for 11 years, defending individuals charged with serious felonies and misdemeanors including DUIs, drugs, murder, rape, child molestation and domestic violence.