For over 30 years, Fredrikson & Byron has been a go-to firm in defending health care professionals before licensing boards. We have represented hundreds of clients before the full range of licensing boards — in Minnesota and throughout the upper Midwest. Our attorneys have written and lectured extensively about the issues faced by health care professionals in dealing with licensing complaints. Most importantly, we have achieved tremendous successes for our clients.
When your professional future is threatened by a licensing board investigation, it is essential that you be represented by an attorney who has experience dealing with licensing boards and understands the licensing investigation process. We have an extensive track record of successfully representing health care professionals before state licensing boards.
The licensing boards of two Midwestern states attempted to discipline a well-known surgeon as a result of alleged improper behavior. (The surgeon was licensed to practice in both states). We were able to convince one of the boards that the doctor’s conduct did not justify any disciplinary action. However, the other state insisted that his license be suspended.
We tried the case for several days before an Administrative Law Judge and were able to convince the judge that there were no grounds to impose discipline on the physician. Our witnesses included numerous colleagues, patients and experts who all testified favorably on behalf of our client. Following the hearing, the surgeon was able to maintain his license in good standing; today he continues his successful practice.
Recently, a general practitioner from a rural area received a Notice of Conference from the Minnesota Board of Medical Practice. The Board alleged that the physician’s prescribing practices for controlled substances and medical documentation failed to meet the minimum standards. The Board alleged that he had overprescribed narcotics. We were able to explain his treatment choices in a manner that alleviated the Board’s concerns. Following the conference, the Board dismissed its allegations and the physician was permitted to continue practicing without restriction.
The Board conducted an extensive investigation and eventually charged a prominent physician with several instances of improper examinations of patients. Our analysis revealed that the physician had done nothing wrong and that this was nothing more than a misunderstanding. Nonetheless, the Board insisted that the physician should be publicly disciplined.
The case was tried for weeks before an Administrative Law Judge, who eventually found in our client’s favor. The doctor’s reputation was saved. He was allowed to continue in practice without suffering adverse publicity or any further negative repercussions.
“Top 10 Tips for Practicing Before Health Licensing Boards,” Hamline University Health Law Institute, January 29, 2014, co-presenters David P. Bunde and S. Jamal Faleel
“Noncompetes for Health Care Professionals,” Fredrikson & Byron’s 28th Annual Employment & Labor Law Seminar, November 7, 2012, presenter David P. Bunde
“Medical Board Investigations: What To Do When the Prosecutor, Judge, and Jury Are One and the Same,” Health Law Webinar Series, April 14, 2010, speaker David P. Bunde
“Negligent Credentialing After Larson v. Wasemiller: How Slippery a Slope? 2008 Health Law Institute, June 13, 2008, speaker David P. Bunde
“Negligent Credentialing,” MAMSS, May 5, 2008, speaker David P. Bunde
“Representing Professionals Before State Licensing Boards,” HCBA Seminar, January 15, 2002, speaker David P. Bunde
“Clinic: Board of Medical Practice/Board of Medical Examiners Issues,” HCBA Seminar, April 17, 2001, speaker David P. Bunde