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If you are a professional facing a disciplinary complaint, you will likely have the chance to resolve your complaint informally by agreeing to a board order. This order sets forth certain responsibilities and conditions you must complete due to your disciplinary proceedings. For various reasons, if you fail to follow a professional licensing board order, you may face further disciplinary proceedings or other adverse consequences.
Understanding Board Orders
When you are facing a disciplinary complaint before your licensing board or agency, you will have a chance to respond to that complaint. After reviewing your response and completing any other necessary investigation, your licensing board will determine whether it has sufficient evidence to show that you have violated one or more of the rules or laws that govern your profession.
If your licensing board finds a violation, it typically will present you with an agreed board order. The board often schedules an informal conference or meeting to discuss the proposed agreement and negotiate its terms. Most disciplinary cases are resolved through a board order outlining any sanctions and certain conditions and items you must complete to remain licensed and continue working in your field.
Depending on your circumstances, the provisions in a board order may be designed to penalize you, educate you, and/or ensure that you do not commit similar violations in the future. The severity and duration of the sanctions in your board order depend on the severity of the alleged misconduct at issue and other mitigating and aggravating factors about your situation. Completing the sanctions or other conditions throughout the duration of the board order is intended to allow you to return to full and unrestricted licensure in good standing to continue your career.
Board orders can contain a wide range of conditions and sanctions but often include some or all the following terms:
- Completion of remedial or continuing education courses, typically related to the license holder’s alleged misconduct;
- Periodic reporting to the board for compliance purposes;
- Submission of employer evaluations;
- Payment of administrative penalties;
- Completion of a substance abuse assessment, counseling or treatment program, and any follow-up recommendations from that program;
- Undergoing a medical or psychological examination;
- Submitting to random drug testing;
- Placement of your professional license on probationary status;
- On-site supervision and/or monitoring by a person with specific professional qualifications; and
- Restriction from handling a specific type of work-related duty or seeing a specific type of patient, customer, or client for a set period.
Implications of Failing to Comply with Board Orders
If you agree to a board order, you should be aware of the potentially adverse consequences if you fail to follow its terms. Regardless of your opinion of the terms of your board order, once that order is in place, you are bound by its terms. As a result, failure to comply with any stipulations in your order could result in even more serious implications for your licensure.
Many licensing boards and agencies will assign a staff member to your case to monitor your compliance. That compliance officer can independently verify your compliance with your board order. They also are likely to require you to periodically report and provide evidence of your compliance with the terms of the board order. A failure to follow the board order's terms can lead to further disciplinary action against you. At that point, you will likely face even more severe sanctions, including suspension and/or revocation of your professional license. The licensing board also may impose additional sanctions on you and/or extend your supervision period.
Noncompliance as Grounds for a Separate Disciplinary Action
The rules that govern many professionals often state that noncompliance or noncooperation with a board’s order can be an independent ground for disciplinary action. As a result, in addition to sanctions for the alleged misconduct that your licensing board already has decided you committed, you could face new and additional sanctions simply for disregarding a board order.
For example, 22 Tex. Admin. Code Section 217.1(11)(B) states that licensed nurses engage in “unlawful practice” if they violate an order of the Texas Board of Nursing (BON). Therefore, you can receive additional sanctions for failing to comply with the BON order and sanctions for the underlying offense that led to the BON order.
Similarly, 22 Tex. Admin. Code Section 322.4 (b)(7) provides that physical therapists who fail to complete the requirements of an agreed order practice “in a manner detrimental to the public health and welfare.” Physical therapists who violate a board order can face additional disciplinary action above and beyond the sanctions for the original offense or misconduct.
Conclusion
Complying with a professional licensing board order is essential to maintaining your license and avoiding further disciplinary action. Once an order is in place, you are legally bound by its terms, and failure to comply can result in additional sanctions, including suspension or revocation of your license. Licensing boards actively monitor compliance, and noncompliance may serve as an independent basis for further disciplinary proceedings. Understanding the terms of your board order and taking proactive steps to fulfill all requirements is crucial for protecting your career and ensuring a return to good standing in your profession. If you are facing challenges in meeting the conditions of your order, seeking legal guidance can help you navigate the process and mitigate potential risks.
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