Licensure Complaint Attorney in St. Louis
Serving Professionals throughout Missouri
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. Dolley Law, LLC provides aggressive representation to all Missouri licensed professionals at each stage of the complaint process. We 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.
Legal Representation Before Missouri Boards, Committees, and Agencies
Dolley Law, LLC represents many licensed professionals in connection with license-related proceedings by Missouri boards, committees, and agencies, such as applications, renewals, investigations, discipline, and probation. Our St. Louis attorney has lengthy experience representing members of all professions that require licenses in Missouri. We are well respected by the state’s attorneys, the commissioners who hear these cases, and members of the judiciary. If you have a matter or complaint pending before any Missouri board, committee, or agency, contact Dolley Law, LLC today.
Licensed Professionals We Represent
Missouri boards, committees, and agencies regulate over two dozen professions throughout the state of Missouri. Our firm provides legal representation to:
- Nurse practitioners
- Police officers
- Dental hygienists
- Dental assistants
- Licensed professional counselors
- Social workers
- Real estate agents
- Real estate brokers
- Occupational therapists
- Nursing home administrators
- Speech pathologists
- Hearing aid fitters and dealers
- Massage therapists
- Interior designers
- Public adjusters and adjuster solicitors
- Land surveyors
- Landscape architects
Injunctions, Criminal Charges, and Appeals
Dolley Law, LLC also represents licensed professionals in civil and appellate proceedings involving their work and licenses in circuit and appellate courts throughout the State of Missouri. Members of certain professions may be served with a petition for injunction directing them to appear in circuit court.
Injunctions are court orders prohibiting a licensee from continuing to perform certain acts, like professional services. If a court grants an injunction against your license to practice, a licensee cannot continue to work and may thus be unable to earn a living for a period of time. These cases usually move quickly through the court process and may have significant consequences for licensees. If you receive notice that a Missouri board, committee, or agency is seeking an injunction against you, contact Dolley Law, LLC immediately. Our attorney will act quickly to defend your rights and ability to continue working. If an appeal is necessary, our lawyer understand appellate practice and can pursue an appeal to challenge any adverse ruling against you.
Our firm also represents clients in criminal proceedings. Certain violations of administrative statutes or regulations may also carry criminal penalties. Our attorney is experienced in both administrative and criminal law and understands how various legal proceedings affect each other. Our firm will design a comprehensive plan designed to protect both your license and your freedom.
Dolley Law, LLC protects the rights and licenses of Missouri professionals licensed by state agencies and boards. Our firm provides 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 Dolley Law, LLC at (314) 293-4884 or via our secure online contact form.