Top 10 Tips for Practicing Before the Health Licensing Boards

Presenters Jamal Faleel, JD - Moderator David Bunde, JD – Representing Attorney Perspective Sarah Evenson, JD, MBA – Board Member Perspective Kermit Fruechte, JD – Board Attorney Perspective

Health Licensing Boards Barber Behavioral Health and Therapy Chiropractic Cosmetology Dentistry Dietetics and Nutrition Practice EMSRB HPSP Marriage and Family Therapy Medical Practice http://www.hlb.state.mn.us Nursing Nursing Home Administrators Optometry Pharmacy Physical Therapy Podiatric Medicine Psychology Social Work Veterinary Medicine

Overview of the Process Complaint Response Review Dismiss/MCC/Conference Negotiations OAH Full Board Appearance

Tip #1 – This Is Not a Courtroom! Know the process and the board’s function Investigate alleged violations of the practice act Make factual findings to determine whether conduct deviates from minimum standards Determine whether to take action against a licensee Goal of the Board is to protect the public – don’t assume the Board is out to “get you” Remember CRC is an investigative tool Know the steps of the investigation No objections

Tip #2 – Prepare, Prepare, Prepare Prepare Yourself Learn all you can about your client Learn as much as you can about the medicine Understand what the issues are that have caused the Board to issue a NOC Pay particular attention to the allegations being made Review the relevant documents/records

Tip #2 cont’d Prepare your client Educate your client on what to expect during the CRC appearance Make sure client understands the issues Play devil’s advocate with your client “I don’t know” or “I don’t remember” are not good answers Make sure client understands all of the potential outcomes of the CRC

Tip # 3 – Submit Timely Responses Submit a through & timely written response when a response is requested Ensure Board has complete records (especially when documentation is an issue) All evidence/information you intend to reference should be submitted to board prior to appearance (i.e., medical notes, journal articles, studies, websites, CV, letters of support, attendance records, etc.)

Tip #4 – Do Not Talk Too Much The board wants to hear from the Respondent, not their counsel Let the Respondent tell their story – know when to interject Ask clarifying questions only when clarification is actually needed Instruct client to answer the questions being asked Learn to read the room

Tip #5 – Use Your Resources Call the board if you have questions Questions about the process Which CRC are you appearing before? Talk to the Attorney General’s office – both before and after an appearance Talk to other attorneys who have been before the board before

Tip #6 – Start Addressing Issues Recommend client start making changes prior to the appearance that addresses the issue(s) in the NOC Examples: Take a CME course Start attending AA, PSP Get an evaluation Contact HPSP

Tip #7 – Know Your CRC Know the people on the CRC you are appearing before Background Education Specialties Don’t underestimate the Public Member CRC members are well prepared

Tip #8 – Proposed Discipline Make sure you review the proposed Order with your client Get back to AG’s office or committee in a timely manner If you need more time, ask for it! Remember that the CRC is making an offer in its proposed Order Understand the consequences of what the CRC has proposed

Tip #9 – Counterproposal If you have a counterproposal, you need to provide information as to why and what supports it Counter proposal should be redlined Issues should be legitimate. DO NOT attempt to use negotiations as a way to drag out the process or string along the CRC if your client is never going to sign

Tip #10 – Do Not Argue Do not argue with the A/G’s office Remember that they aren’t in-house counsel for the Board Don’t bad mouth the board to the AG’s office Remember this isn’t personal

QUESTIONS?

Speaker Contacts Jamal Faleel, JD – jfaleel@fredlaw.com Sarah Evenson, JD, MBA – sle@andersonhelgen.com David Bunde, JD – dbunde@fredlaw.com Kermit Fruechte, JD - kfruechte@comcast.net