1. Top 10 Tips for Practicing Before the Health Licensing Boards

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

3. Health Licensing Boards
Barber
Behavioral Health and Therapy
Chiropractic
Cosmetology
Dentistry
Dietetics and Nutrition Practice
EMSRB
HPSP
Marriage and Family Therapy
Medical Practice
Nursing
Nursing Home Administrators
Optometry
Pharmacy
Physical Therapy
Podiatric Medicine
Psychology
Social Work
Veterinary Medicine

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

5. 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

6. 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

7. 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

8. 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.)

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. QUESTIONS?

17. Speaker Contacts Jamal Faleel, JD – jfaleel@fredlaw.com
Sarah Evenson, JD, MBA –
David Bunde, JD –
Kermit Fruechte, JD -