If you’re a practicing physician or nurse, your professional license may be the most important asset to your career. Without it, you could completely lose your livelihood and everything you’ve worked for thus far. You don’t want to let that happen. It’s important to stand up for yourself and take decisive action if your professional license is threatened. Understanding the stages of professional license discipline in North Carolina is the first step in your case.
The most important thing you can do for yourself is hire a professional services licensing lawyer to represent you through this. A professional license defense case can get upsetting quickly, especially if you have no idea how to navigate the state’s professional services license laws. A North Carolina professional services licensing attorney can be a tremendous asset. North State Law can bring years of experience and Spanish-speaking capabilities to your license defense case.
Professional License Defense in North Carolina
If you need to defend your professional license in North Carolina, regardless of the reason, your case is not going to be in a court of law, as this is not a criminal or civil situation. If you’re one of the 40,643 licensed physicians or more than 169,000 registered nurses in North Carolina, your case is generally handled by the North Carolina Medical Board (NCMB) through an administrative hearing. Hiring a license defense lawyer to represent you is vital to the outcome of your case.
The Stages of Professional License Discipline in North Carolina
If your license is on the verge of suspension or revocation, there is a very structured administrative path managed by state regulatory bodies that determines your case. It’s important to fully understand every step in this process. Your license defense lawyer can explain it thoroughly before you endure it. Each step has its own unique elements that you must complete or participate in. Here is a rundown of those steps:
- Complaint and initiation. The entire process begins when somebody files a formal complaint against you. It could be from a patient, a client, a peer, your employer, or even the investigative board itself. You are notified of the complaint and asked to submit a written response to it. The board then reviews the complaint to see if the claims within it are a violation of state practice acts.
- Investigation. If the board finds the complaint valid, there is an investigation. The investigators are going to request your client files, employment logs, financial records, and any other potentially relevant information they need from you. They’ll speak with witnesses, complainants, and you. Once the investigation is completed, the board decides whether to dismiss your case or pursue disciplinary action.
- Settlement. There’s a good to fair chance that your case is going to be settled before the trial-like hearing through a consent order or a voluntary settlement agreement. Many cases don’t make it to the hearing. It may be up to you to choose whether to proceed to the hearing or accept the board’s terms, which can include a public reprimand, a fine, probation, or restrictions on your practice capabilities.
- Formal hearing. If you cannot reach a settlement with the board, your case is decided through a formal hearing. The hearing can look and feel like a trial. It’s recommended that you hire a professional license defense lawyer to present evidence, cross-examine witnesses, and offer legal arguments before the board panel or an administrative judge. The burden of proof is on the state to show that you violated standards of practice.
- Final decision. After the hearing, the board considers all the evidence and issues a final decision. If it decides against you, the punishment can range from public reprimands to a suspension or revocation of your professional license. You are afforded the opportunity to file an appeal with the North Carolina Superior Court.
FAQs
What Is Professional License Discipline?
Professional license discipline is a formal sanction imposed on someone who holds a professional license, such as a physician’s license, nursing license, or law license. It occurs when someone is accused of breaking the rules or acting dishonestly while maintaining a professional license. A state regulatory board holds an investigation and possibly an administrative hearing to determine the fate of your license. You should hire a lawyer to advocate for you.
How Long Does a Suspended License Last in North Carolina?
How long your license suspension lasts in North Carolina may vary. It can range anywhere from a few weeks to multiple years, depending on the severity of the infraction. If the board decides, it can permanently revoke your license instead. The total duration of your suspension depends on the specific disciplinary order issued by the board. Suspensions can be indefinite with no fixed ending.
What Is the Difference Between a Revoked and Suspended License in North Carolina?
The difference between a revoked and suspended license in North Carolina is the duration. A suspended license has an end date to the suspension. One day, you’ll get it back when the time is up, or you’ve fixed the problem at hand. A revocation is permanent. The board has completely canceled your credentials, and your license is not coming back. You need to reapply and start the process again, which can be hard due to the revocation on your record.
How Do I Get My License Back After a Suspension in North Carolina?
If you want to get your professional license back after a suspension in North Carolina, you must formally petition the state board that governs your profession. You can only do this after your disciplinary period has ended. Reinstatement is not automatic. You can always just wait out the suspension term and fulfill the required disciplinary treatments, classes, or practice monitoring that you’ve been ordered to complete.
Hire a Professional Services Licensing Lawyer Today
Losing your professional license can have severe consequences for your future. It’s important that you challenge an investigation and stand up for yourself. At North State Law, we can build a case and advocate for you in the hearing. Contact us to speak with a team member.
