One Minute Lawyer® Newsletter

Questions About Professional Licensing Matters

In Minnesota, as in most other states, many occupations and professions must be licensed. As part of its Employment Law practice, Mansfield, Tanick & Cohen represents professionals in disciplinary hearings before state licensing boards on a regular basis. These boards are typically composed of members appointed by the governor, some of whom are members of the profession and others of whom are members of the public at large. License holders or applicants are entitled to due process, and the Boards' decisions can be appealed under certain circumstances.

Physicians, for example, are subject to oversight by the Minnesota Board of Medical Practice which consists of sixteen members appointed by the governor. Nine of these members are doctors of medicine, one must be an osteopath, and five must be public members. The Board also regulates acupuncturists, physical therapists, physician assistants, athletic trainers, and respiratory care practitioners.

About 10 to 15% of initial complaints to the Board of Medical Practice are forwarded to the Minnesota Attorney General's office for investigation. At that point, the case may be dismissed and closed, sent to a medical coordinator for a conference, sent to the Board for a Conference, or set on for a contested court hearing. Contested cases are relatively rare, amounting to only a few per year. These cases are heard before an Administrative Law Judge who makes a recommendation to the Board. There is a limited right to appeal the decision. Some aspects of these matters can be kept confidential and others are subject to mandatory reporting. For example, medical professionals with problems related to the use of drugs or alcohol can voluntarily avail themselves of the Health Professionals Services Program (HPSP) which provides a confidential diversionary program. For specific questions about confidentiality issues, consult with an attorney

Attorneys can play an important, cost effective and helpful role in licensing board matters. For example, at the Conference level, the Board will wish to hear directly from the license holder but the attorney can help the client prepare for questioning, make an introductory statement, sharpen the issues, help prepare a response, assist in brokering the best possible resolution of the matter, explain the process and serve as a confidential sounding board.

Legal fees are often covered by medical malpractice insurance policies. In certain cases the physician may also have an indemnification claim against his or her employer.

The Board of Medical Practice is governed by Minnesota Statutes, Chapter 147.

As indicated, other professions governed by the Board include the following:

• Physician Assistants (Chapter 147A)
• Acupuncture Practitioners (Chapter 147B)
• Respiratory Therapists Chapter 147C)

In Minnesota, the following professions are licensed under Minnesota Statutes, Chapter 148 relating to medical and public health occupations:

• Athletic Trainers
• Chiropractors
• Dieticians and Nutritionists
• Midwives
• Nurses
• Optometrists
• Physical Therapists
• Psychologists
• Social Workers (Section 148B.21 et al)

The following other occupations are also subject to various state licensing procedures:

• Accountants (Section 326.165 et al)
• Architects (Section 326.02 et al)
• Attorneys (Section 481.01 et al)
• Barbers (Section 154.06)
• Cosmetologists (Chapter 155A)
• Dentists (Chapter 150A)
• Engineers (Section 326.02 et al)
• Podiatrists (Chapter 153)
• Pharmacists (Chapter 151)
• Pilots (Section 360.018)
• Pipefitters (Section 326.46 et al)
• Plumbers (Section 326.37 et al)
• Private Detectives (Section 326.2 et al)
• Security Guards (Section 326.2 et al)
• Teachers (Section 122A.15 et al)
• Veterinarians (Chapter 156)

Mansfield, Tanick & Cohen has extensive experience successfully representing a number of doctors and nurses before the Board of Medical Practice and Board of Nursing. In fact, one of our attorneys, Teresa J. Ayling, is a former registered nurse. In addition, Phillip Trobaugh, head of our Education Law Department, has represented dozens of teachers before the Board of Teaching, John Ella has appeared before the Board of Private Detectives, and other lawyers at the Firm have also represented psychologists, engineers, attorneys, pharmacists, accountants, social workers, respiratory therapists, pipefitters, airline pilots, dentists, and chiropractors, among other professionals, in various licensing or disciplinary matters. For more information, please contact any member of our Employment Law Department.