Professional License Defense

Professional License Defense

Navigating Professional License Defense in California: Essential Insights

In California, professional license defense is a specialized area of legal practice focused on helping individuals maintain their right to work in regulated professions. Licensed professionals may face disciplinary action or license suspension following an arrest or conviction of a criminal offense. This article provides a comprehensive overview of professional license defense in California, highlighting the key aspects of the process, the role of attorneys, and the steps involved in defending a professional license.

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Understanding Professional License Defense

In California, the process of defending a professional license involves navigating complex regulatory requirements and legal procedures designed to ensure fairness and due process.There are strict deadlines and strategic considerations in responding to inquiries by any professional licensing board, including BRN (Board of Registered Nursing), DRE (California Department of Real Estate), PTBC (Physical Therapy Board of California), and DBC (Dental Board of California) along with many other boards that are licensed under the Department of Public Health.  The Contractors State Licensing Board, Medical Board of California, California Board of Psychology, State Bar and other boards in California have the authority to discipline those they license.   

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Types of Licenses and Common Disciplinary Actions

In California, a wide range of professions requires licensing, including medical practitioners, attorneys, real estate agents, and more. Each profession is governed by specific regulatory boards or agencies that enforce standards of conduct. Disciplinary actions against professionals can arise from various issues, such as:

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• Ethical Violations: Breaches of professional ethics or standards of practice.
• Criminal Convictions: Felony or misdemeanor convictions that impact the professional’s ability to perform their duties.  (some professional boards may start disciplinary proceedings based on your arrest for an offense.)
• Negligence or Malpractice: Claims of inadequate performance or failure to meet industry standards.
• Substance Abuse: Issues related to the misuse of drugs or alcohol affecting professional duties.  Some licensing boards under the Department of Public Health view any legal violations involving alcohol or a controlled substance do impact your professional license if your profession is focused on helping others, and an offense like driving under the influence may put others at risk, so the Board may view that as a potential disciplinary event.

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The Role of an Attorney in Professional License Defense 

An attorney experienced in professional license defense plays a crucial role in advocating for professionals facing disciplinary action. These attorneys possess specialized knowledge of California’s regulatory landscape and legal procedures related to professional licensure. Their responsibilities include:

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• Assessing the Case: Reviewing the allegations and evidence against the client to formulate a defense strategy.
• Navigating the Process: Guiding clients through the investigation, hearings, and appeals processes while ensuring compliance with all regulatory requirements.
• Representation: Advocating on behalf of clients during disciplinary hearings, negotiations, and any legal proceedings.
• Advising on Outcomes: Providing insights into potential consequences and working to achieve the best possible resolution, whether through dismissal, reduction of penalties, or other favorable outcomes.

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If you are a licensed professional accused of a crime, ideally your criminal defense attorney is also qualified to represent you in any administrative proceeding. Otherwise, you will need to hire two attorneys. 

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Procedures often followed by licensing boards in California.

Many of the professional licensing Boards in California fall under the Department of Health, and the Board itself has the ability to investigate and discipline the members that are licensed under the authority of the Board.  If the Board plans to take action against the licensed professional, it will conduct an investigation and if it elects to take action against the license, they will turn the prosecution over to the California Attorney General’s Office.  Having the right attorney on your side may help prevent the matter from proceeding to this phase.

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Some Boards will contact you to ask for your explanation regarding the offense and/or conviction, and your response may play a role in how your matter is handled by the Board.  It is a very good idea to consult with an attorney prior to providing your response to the Board in order to avoid your response raising more issues for the Board to be concerned with.

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Once the Attorney General’s office becomes involved, your attorney will be able to negotiate with them about how the case will resolve, or to prepare for trial on the case.  Some Boards have more flexibility in what potential resolutions are available, depending on whether or not they have enough staff to monitor a probationary resolution.  The Attorney General’s Office is not allowed to resolve the case, but will discuss possible resolutions with the Board and if they agree will resolve the matter.  

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The Attorney General’s Office will prosecute the case on behalf of the Board through the Administrative Courts in California.  The Court will conduct a trial where the Attorney General will present the evidence against the licensed professional, and the licensed professional, through counsel, will present a defense.  

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The licensing procedure is considered a civil issue, so the licensed professional is required to attend the Administrative Trial and may be required to testify.  The Trial is generally focused on what is the alleged violation, and the mitigation information that you have gathered is not always admissible to the Court, but it may be admissible to address the specific allegations and the professional’s history in the particular field.  

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The Administrative law judge will issue an opinion on what the outcome is of the trial, but the decision by the Administrative Law judge is just advisory to the Board, and though the Board will generally follow the judge’s recommendations, they are not bound to it, and they can decide to accept and adopt it, or ignore it and render their own decision on the outcome of the disciplinary process.  The judge will generally be asked to determine whether or not the violation of the rules is true, and recommend what the Board should do with respect to your professional license.  The options may be limited by the Board, but can range from full revocation, to suspension for a period of time, to a probationary period of time, to a public or private reproval with requirements required to be accomplished prior to being fully reinstated.  

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Any resolution of the action brought by a professional board will generally require the licensee to repay the board for the cost of the investigation of the allegations against them, and any costs associated with the prosecution of the case.  These fees generally will have to be paid before the professional can have their license reinstated if it is suspended, but may also be required to be paid even if the Board decides not to suspend the professional license.  Since they control your license you are required to comply with their orders.

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Preparing for a License Defense Case

Effective preparation is essential for a successful license defense. Professionals should take several key steps to strengthen their case:

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• Gather Documentation: Collect all relevant documents, including records related to the allegations, professional history, prior work reviews, especially those showing how professional you are, and how you represent the professional license well, and any prior disciplinary actions.
• Understand the Charges: Gain a clear understanding of the specific charges or allegations to address them effectively, and understand how the Licensing Board views the incident in light of the profession they represent.
• Consult an Attorney: Engage a qualified defense attorney who can provide expert advice and represent you in defending your license with knowledge of California’s legal standards.

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Potential Outcomes and Resolutions

The outcomes of a license defense case can vary widely depending on the nature of the allegations and the strength of the defense and the options presented by the particular Board. Possible resolutions include:

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• Dismissal of Charges: In cases where evidence is insufficient or the allegations are unfounded.
• Reduction of Penalties: Negotiating for lesser sanctions or disciplinary measures, with the goal of maintaining the professional license and continuing with your career.  This can take the form of probation or a public reproval or private reproval and the requirement to take classes in ethics or substance abuse or something else.
• Suspension or Revocation: In more severe cases, a temporary or permanent loss of licensure may occur, though this can sometimes be mitigated through legal arguments or appeals.  The resolution may call for a specific period without a license with a reinstatement after certain tasks are completed.