Defense Attorneys for Virginia Department of Health Professions

Richmond Healthcare Licensing Defense Lawyers

The skilled attorneys at Valverde & Rowell, PC assist licensed health professionals who are facing allegations of professional misconduct, standards of practice claims, licensing issues or any other claims relating to the laws and regulations governing health care delivery. The most frequent allegations investigated by the Virginia Department of Health Professions are:

• Substandard care
• Diversion of prescription drugs for illegal purposes
• Improper prescribing
• Sexual misconduct
• Improper advertising
• Inadequate record keeping
• Unsanitary conditions
• Unprofessional conduct

Our Virginia licensing defense attorneys represent individuals licensed by the Virginia Department of Health Professions including nurses, physicians, pharmacists, veterinarians, and licensed professionals in the medical field.

Responding to a professional licensing complaint can be complex. Your professional career is at stake so you want to ensure that you have legal representation at all phases of the investigation. During an investigation, it is important that you respond to the complaint, while protecting your interests. It is important that you are familiar with the laws and regulations that govern your profession and have an attorney who can protect your interest at all phases of the investigation.

The Complaint and Investigation

The Department’s Complaint Intake Unit receives information from sources indicating that a violation of law or regulation may have occurred. Complaints may be filed by health care practitioners, employers and employees, other licensed professionals, law enforcement agencies, courts or concerned citizens. (Hundreds of complaints are made each year that do not fall within the Virginia Department of Health Professions' jurisdiction or are not violations of law and regulation and thus do not warrant an investigation.)

When information appears to be sufficient to justify an investigation, a case is opened, given a priority rating, recorded in the agency's computer tracking system, and assigned to an investigator. The priority rating system is used to determine which types of cases receive attention first. A rating is based on the real or potential danger to the public health or safety, as indicated by the information provided to the Department.

If the Department believes that a violation may have occurred, a specially-trained, sworn investigator of the Enforcement Division interviews potential witnesses, obtains copies of relevant documents and accumulates evidence. Many times, when the investigator interviews the person against whom the complaint is made, other witnesses have already been interviewed and much information has been gathered.

Persons involved in a case can communicate directly with the assigned investigator. The investigator may periodically contact sources of information to advise them of the status of the investigation. It is the Department's policy to provide as much time and effort as is required for a thorough investigation.

When the investigation is complete, the investigator writes a comprehensive report and submits it, along with all the records and evidence, to the appropriate regulatory board for possible action. The Enforcement Division will inform sources and licensees when the matter is turned over to a regulatory board.

Board Action

After a board receives the investigative report, a preliminary review of the case is made to determine whether the evidence is sufficient to indicate that a violation of law or regulation has occurred. If the evidence is not sufficient for that purpose, the case is closed and no further action is taken.

If there is sufficient evidence to indicate that a violation has occurred, disciplinary action may be taken. An informal conference may be scheduled, at which a committee of the board meets with the licensee. All informal conferences are open to the public. The source of the investigated information is notified of the conference and may attend. While he or she may be asked to testify, that is usually not required.

The informal conference committee develops a recommendation to do one of the following:

• Close the case with a finding of no violation
• Offer an order in which the licensee consents to board sanction, or
• Send the case to the full board for further review

A formal hearing before the board is required if the licensee requests it, if the informal conference committee recommends it, or if the proposed sanction is to suspend or revoke the license. A formal hearing is an administrative proceeding similar in many ways to a trial. It is open to the public and all parties may call witnesses and introduce evidence. If the Department receives information indicating that a licensee represents an imminent threat to the public, the licensee may be suspended immediately, and a formal hearing is automatically scheduled.

Disciplinary action usually takes one or more of the following forms or sanctions:

• Reprimand or censure
• Monetary penalty (Paid to the Literary Fund of Virginia, not to the Department)
• Remedial or corrective action
• Probation with requirements for the licensee to complete within a specified time
• Limitations on the licensee's privilege to practice
• Suspension of the license either indefinitely or for a specific period of time
• Revocation of license

Contact Valverde & Rowell, P.C., at 757.383.9947 or toll free at 866.719.0059. Our defense lawyers for Virginia Department of Health professions will give you an honest assessment of your case and then discuss possible strategies to protect your professional career.