Licenses are granted by the state where the individual practicing the licensed activity seeks to work. The license is not a right but a privilege and can be revoked for failure to adhere to the regulations applicable to the license. A licensing violation can result in the revocation of the license, or in the imposition of fines, temporary suspension of the license or other sanctions. Generally, each state has a licensing board for each activity which requires a license. For instance, most states possess a medical board for physicians which oversee the granting and regulation of licenses for the medical profession.
Penalties for Licensing Violations
Licensing violations occur in various ways. The most egregious form of a licensing violation is where an individual seeks to practice in an activity which requires a license, which is not only a violation, but is also a felony. For example, practicing medicine or law without a license in any state is a criminal act and a violation of the licensing laws as well. In addition, licensing violations may occur where the licensed professional fails to conduct himself or herself in a reasonable, professional manner, or commits malpractice. Additionally, the use of drugs and alcohol can result in a licensing violation.
Furthermore, improperly supervising personnel may lead to a licensing violation. Moreover, licensing violations may arise where the licensed individual fails to adhere to continuing licensing education requirements, fails to maintain minimum insurance standards or fails to adhere to any other requirements of the licensing board of the state in which the individual is practicing.
Common Types of Licensing Violations
- practicing medicine without a license (for example, an individuals’ performing a medical procedure on a patient without a license)
- practicing medicine in one state with a license from another state (for example, a doctor’s treating a patient in New York but only possessing a license from the State of California)
- a lawyer’s failure to keep his or her continuing legal education requirements updated when required by the jurisdiction where the lawyer is licensed
- a doctor’s improper supervision of medical students or nursing staff in his or her medical practice
- committing a sexual assault or Battery on a patient or client while in a professional relationship (for example, a doctor touches a patient when performing a medical procedure)
Consequences of Licensing Violations
When committing a licensing violation, there can be various legal repercussions. The most significant consequence is the loss of the license itself, which is generally reserved for the most egregious forms of a licensing violation. This type of violation usually is one which would offend a reasonable person. Additionally, there may be the imposition of sanctions, such as monetary penalties and/or community service. Moreover, on a private level, the violator may be subject to a law suit stemming from the licensing violation.
Help from a Lawyer
If one is a licensed individual faced with a licensing violation, it is imperative to seek legal counsel. An experienced licensing violation attorney can help to determine the underlying basis for the violation and what recourse one may have in responding to the allegations. Conversely, if one has been subject to the actions of an individual who has violated licensing laws, one should consider consulting with an experienced at defending criminal charges for License Violations.
This attorney will not only be able to identify any potential causes of action upon which a law suit may be based, but also the attorney will have a thorough understanding of the current trends in how these types of cases are handled, which can help advance a case.
