Federal, state and local government agencies control many occupations. From doctors to funeral home directors, most professionals answer to a regulatory board. But whether it concerns a complaint, an investigation or a license, challenging authority—or defending against it—can be intimidating.

In this case, a strategy highlighting character accomplished the goal of a registered nurse.

Federal, state and local government agencies control many occupations. From pharmacists to funeral home directors, most professionals answer to a regulatory board. But whether it concerns a complaint, an investigation or a license, challenging authority can be intimidating.

In this case, a strategy highlighting character accomplished the goal of a registered nurse.

Situation  The Board of Nursing investigated a nurse for professional misconduct. The nurse said she had made a split-second decision and did not intentionally violate any direct order. The Board offered a settlement, but the public record would affect her professional license, and most likely, her employment. So how should she challenge the Board?

Burtch Law Strategy  Negotiate for a settlement with private terms. (The Board refused.) Analyze its records of investigation. Defend the nurse based on her strong employment history and support from the professional community. Prepare her to testify by explaining what she did and why, then standing up for her decision while still taking responsibility for her actions.

Outcome  At the hearing, the nurse successfully put this strategy in place. The Board ruled there was insufficient evidence to impose discipline. It dismissed the case, and the nurse kept her job. The complaint and investigation remain confidential.

Common Administrative Issues

Professional licensure
•
Complaints, investigations, discipline and reinstatement
•
Regulatory compliance

Representation in Front of
Administrative Agencies

Virginia State Bar Disciplinary Committee
•
Virginia Board of Bar Examiners (VBBE)
•
VBBE Character and Fitness Committee
•
Boards of Medicine, Nursing,
Pharmacy, Counseling
•
Virginia Department of Professional
and Occupational Regulation (DPOR)
•
Virginia Department of
Health Professions (DHP)
•
United States Department of Labor (DOL)
•
Equal Employment Opportunity
Commission (EEOC)
•
Virginia Employment Commission (VEC)
•
National Labor Relations Board (NLRB)