Professional Licensing

Professsional Licensing Attorneys in Jefferson City, MO

Brydon, Swearengen & England P.C. offers a wide range of services in the professional licensing law arena on behalf of doctors/physicians/surgeons, nurses, podiatrists, pharmacists, pharmacies, psychologists, professional counselors, social workers, real estate appraisers, architects, and professional engineers.

 

Licensing Boards with which our professional licensing attorneys have experience:

 

In the State of Missouri, these professions are licensed and supervised by the following boards:

 

  • Medical Doctors (MD) and Osteopathic Doctors (DO) are licensed as physicians and surgeons by the State Board of Registration for the Healing Arts. The Board of Healing Arts also regulates the practice of physical therapists, athletic trainers, physician assistants and respiratory care therapists.
  • Registered nurses, licensed practical nurses and advanced practice nurses are regulated by the Board of Nursing.
  • Podiatrists are licensed by the Board of Podiatric Medicine.
  • Pharmacists, pharmacy technicians, and pharmacies are licensed by the Board of Pharmacy.
  • Psychologists are licensed by the Committee of Psychologists.
  • Professional Counselors are licensed by the Committee for Professional Counselors.
  • Social Workers are licensed by the Committee for Social Workers.
  • Real Estate Appraisers are licensed and/or certified by the Real Estate Appraisers Commission.
  • Architects, professional engineers, professional land surveyors and landscape architects are licensed by the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects.

 

In addition to the above, there are a number of other professions, which are similarly licensed by licensing entities within the Missouri Division of Professional Registration.

 

Practitioners, such as physicians, veterinarians and pharmacies must obtain controlled substances authority from the Missouri Bureau of Narcotics and Dangerous Drugs (BNDD) and the Drug Enforcement Administration (DEA). BNDD authority is a prerequisite to obtaining DEA authority in Missouri.

 

License Denial Process

 

If a licensing agency denies an license to an applicant, then the applicant may file an appeal to the Administrative Hearing Commission (AHC). Our firm frequently represents licensees whose applications for license have been denied.

 

License Discipline Process

 

If a licensing entity decides to seek cause to discipline one of its licensees, it may either seek to resolve the case informally through a settlement agreement or it may file a complaint with the Administrative Hearing Commission (AHC).

 

If the entity files a complaint with the AHC, the case will be set for an evidentiary hearing at which the licensing entity has the burden to prove that there is cause to discipline the licensee. If the AHC determines that the licensing entity did not meet its burden of proving cause to discipline, the case ends. However, if the AHC determines that the entity did meet its burden, then the case proceeds to a disciplinary hearing before the licensing board.

 

At this hearing, the licensee may present evidence in mitigation of discipline. Subsequent to the hearing, the licensing entity decides what, if any, disciplinary action should be imposed. These cases may be resolved at any time during the proceedings by agreement of the parties.

 

A licensee may appeal an adverse decision of the AHC or the licensing entity to the Circuit Court.

 

Brydon, Swearengen & England professional license lawyers represent licensees in every step of the process, from investigation, settlement discussions, trials before the AHC and appeals to the courts.

 

Services Provided

 

The lawyers at Brydon, Swearengen & England P.C. provide the following services in regard to licensing matters:

 

  • We represent professionals, including doctors, nurses, pharmacists and pharmacies, during all phases of agency investigations
  • We represent prospective licensees in trials before the AHC following a license denial.
  • We represent licensees, including doctors, nurses, pharmacists, and pharmacies in the defense of a licensee’s license in cases filed with the Administrative Hearing Commission
  • We represent licensees in hearings before licensing agencies such as the Board of Healing Arts, Nursing Board, Pharmacy Board and others, in pending disciplinary proceedings
  • We represent applicants and licensees during appeals from adverse decisions before the Missouri Circuit Courts, Appellate Courts and the Missouri Supreme Court
  • We negotiate settlement agreements with licensing agencies
  • We make informal appearances with applicants and licensees during informal meetings before licensing agencies
  • We work with applicants and licensees to prepare letters and materials for presentations to agencies advocating for a licensee’s position
  • We represent licensees in hearings before licensing agencies during probation violation hearings.

 

Please contact Johnny K. Richardson, who has served as past counsel to a licensing agency and handled licensing cases in all stages of the process for over thirty years, Diana C. Carter or Jamie J. Cox for further information or to arrange for a consultation.