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Labor and Employment Law Practice Areas
Wage and Hour Law
Employment Law
Labor Law
Administrative Law & Licensing
Licensed Professionals
Licensure Complaints
Board of Nursing
Board of Healing Arts
Board of Pharmacy
Board of Dentistry
Comm. for Professional Counselors
Comm. for Social Workers
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2726 S. Brentwood Blvd. St. Louis MO 63144

Licensure Complaints

There are many reasons for a licensed professional in the State of Missouri to fight a complaint from a state agency or Board. One is to avoid unwarranted discipline of your license and the consequences that result, such as probation or restrictions on current and future employment. Most disciplinary actions are public records, so defeating a complaint often means keeping the disciplinary proceedings and underlying allegations confidential. Missouri agencies and boards typically post disciplinary orders on their websites, report them to third party databases and websites such as the National Practitioner Data Bank (NPDB) and nursys.com, or publish them in newsletters sent to fellow licensees.

Defeating a complaint may result from how you respond to the initial complaint and answer questions during the interview. Sometimes complaints are dismissed or agencies issue private letters of concern following settlement negotiations or a period of litigation. In other situations, the determination of no violation or no cause for discipline may be found after a hearing before the Administrative Hearing Commission (AHC) or a court. The litigation process can be lengthy, complex and frustrating. Going through it alone is extremely difficult and stressful, which is why you need an attorney who knows the process and the law on your side. The Law Offices of Kevin J. Dolley provides aggressive representation to all Missouri licensed professionals at each stage of the complaint process. The Firm’s attorneys work tirelessly to ensure licensees defeat or mitigate complaints filed against them by Missouri boards and agencies.

Keeping the Complaint Confidential

In some situations, if a licensee overcomes an accusation of misconduct, the agency or board must deem the complaint and related documentation a “sealed record.” For example, if the Board of Nursing finds a complaint against a nurse does not violate the Nursing Practice Act or is “unsubstantiated,” the Board must seal the complaint. The same is true for nurses who defeat the Board’s allegations at a hearing before the AHC. In those situations, Missouri law provides the nurse “shall not be required to disclose the existence of such complaint in subsequent applications or representations relating to their nursing professions.”

The closed record of a successfully defeated or unsubstantiated Board of Nursing complaint cannot be disclosed by the Board of Nursing to any other state Board of Nursing or anyone else without the nurse's permission. If a Missouri Board of Nursing complaint is unsubstantiated or if there is not sufficient grounds to impose discipline, the Board of Nursing must further notify the nurse that the complaint was dismissed and any such record of the complaint has been sealed as a closed record.

Due to changes resulting from Missouri’s enactment of the Enhanced Nurse Licensure Compact, the Board may now dismiss complaints without finding them to be “unsubstantiated.” In that situation, certain information is reported to other state boards and public agencies. Nurses who are licensed in multiple states or utilize their compact privileges to work outside Missouri must take particular care when responding to a Board complaint.

Other Boards and agencies have their own statutes and regulations governing how complaints are disclosed and whether they are sealed or made confidential following dismissal or a finding that there is no cause for discipline. Resolution of a complaint, even on what may seem to be favorable terms, can impact your license and career for years. To ensure successful resolution of a complaint, you need an attorney with extensive experience in Missouri administrative law who can identify and address the issues you face.

Contact Us

The Law Offices of Kevin J. Dolley protects the rights and licenses of Missouri professionals licensed by state agencies and boards. The Firm provides specialized legal counsel in administrative law and takes all necessary steps to defeat accusations of misconduct and keep complaints confidential. An individual facing a complaint gets no better news than receiving notice that a complaint is being dismissed and/or kept confidential. If you have a professional license in Missouri and have been accused of misconduct or received a complaint from the state, contact the Law Offices of Kevin J. Dolley at (314) 645-4100 or by email at kevin@dolleylaw.com.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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