What to do if you receive allegations from your licensing board

Professional License defense

Your livelihood depends on your professional credentials. If you are being accused of misconduct or under investigation by your licensing board, we are here for you. With 13 years of experience successfully defending licensed professionals in Minnesota, we know the legal landscape. We welcome you to find answers to some common questions below or contact us to discuss your situation.

Practice areas

Attorney License Defense

Chiropractic License Defense

Other Licensed Professionals

Dental License Defense

Medical License Defense

Maltreatment/Neglect Appeal

Nursing License Defense

Psychologist License Defense

Your livelihood, defended

You deserve to have an experienced professional license defense attorney in your corner. At Heinlein Law, after listening to every detail of your story, we put our years of experience to work to defend your livelihood.

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Cases defended

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Different types of licensed professionals defended before their state licensing boards or agencies

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From our clients

TESTIMONIALS

I spoke with a few different firms prior to my conversation with Mrs. Heinlein. Her personality and legal expertise were an oasis of hope during a tumultuous time. She was, and is, a warm, empathetic, honest, supportive, intellectually gifted, forthright, and highly dedicated individual. She is exactly what I needed and I can't recommend her enough. I want to note one instance that, for me, sums up the type of person Mrs. Heinlein is. The culmination of events inevitably got the best of me and, during one of our conversations, I had a pretty significant meltdown. Crying, feeling sorry for myself, the whole nine yards. She listened to me, was patient, calm, and spoke to me as a human being and not, "just another client". This may not mean much to others, but for me, her response demonstrated that, above all else, she understood and truly cared about my wellbeing. As stated earlier, I cannot recommend her enough. She was my rock and, regardless of outcome, I will forever be grateful for having her by my side.

When I was in my accident, I was physically, emotionally, and financially devastated. My leg was crushed, and I was unable to work and was diagnosed as permanently disabled. Attorney Priscilla Lord was with me every step of the way. She and her team handled the complicated details of my case, so I could focus on healing. She made several trips from the city to "Up North" to meet with me and prepare me to trial. Priscilla got me a verdict of $2,400,000.

Heinlein Law fought for the compensation that I and my family needed and deserved. I'm so glad that I chose Priscilla and her team. Priscilla is an attorney who truly cares about me and my family and has become a part of my extended family. I would highly recommend Heinlein Law to anyone who has been severely injured by another person's negligence.

Both my family's and my own experience with Heinlein Law have been very wonderful during a period of hardship in our lives. Their demeanor and honesty have made dealing with accident claims and insurance agents a much less daunting ordeal. I sincerely appreciate all of Priscilla and her staff's hard work and genuinely recommend them to anyone in need of legal representation.

Ms. Heinlein was invaluable in helping me prepare for the meeting with my professional licensing board. I felt confident to speak before my licensing board to discuss my application after meeting with her and also regained clarity on my professional aspirations and goals. She took the time to understand my unique situation and was able to lay out the possible outcomes of my meeting with the licensing board based on her experience. We had a favorable outcome as a result of the preparation for the meeting, and I appreciate Ms. Heinlein's service in helping me gain that outcome. Her staff's help and support was also invaluable and I would recommend Heinlein Law to others who are in need of legal assistance to obtain / maintain their professional license.

They are interested in YOU. Talk to them and this will be immediately apparent. Not so much with other law "factories."

It was just great having Missy represent me in a dispute with the Board of Behavioral Health. She knew exactly what to do and how to do it. The outcome was fabulous. I have high regard for her professionalism, kind and respectful manner, and would not hesitate to suggest her representation. Thanks Missy.

Priscilla, I am sorry it has taken me some time to get a chance to email you and say thank you. I am so grateful for your time and effort with my case. I definitely needed professional legal help to get me through a tough time. I am so glad I chose your team to support me. I really appreciate your confidence in me and your patience.

Thank you for believing in me from the start. Right away you were aware that I was in an unfair situation and I needed help to set the record straight. I could not be happier with the result. I can leave this issue behind me with the knowledge that good things really do happen to good people. I am enjoying my current job and spending lots of time with my family. Thank you for taking care of all the details so I could face the Board feeling prepared. I would not have been as successful without you.

I was devastated after my accident. My knee was shattered. I was in pain and out of work for 6 months. When I returned to the work force, I had to learn a new trade, as I was no longer able to perform my old one.

Heinlein Law made it easy for me to focus on my rehab and leave the legal tedium to them. Over 4 years and through 3 knee surgeries, they insulated me from insurance and work comp adjusters. They navigated me through a complex process that I can't imagine tackling on my own.

When I received my six-figure settlement this year, I was glad that I had contacted Heinlein Law. They got me the maximum settlement and allowed me my best chance at a full physical recovery. Thank you!

Priscilla and Missy were invaluable in helping me through a difficult time. I was having a hard time understanding the terminology of the Medical Board allegations. Both of them were able to help me understand and evaluation how the situation and lack of policies played a role in the complaints. They were able to view the case from different angles. Melissa took it upon herself to write up the entire response for the Board. I incorporated my suggestions and feedback and presented a solid defense.

Before the Board meeting they helped me through the process and answered all my questions, no matter how trivial. Melissa was always available for personal, phone or email consultations. She kept me up to date with the expenses. Although they were both positive, they presented a very realistic picture of the proceedings and expected outcomes. With their help, I had the best possible outcome- my case was dismissed completely. I am foremost grateful that they believied in me 100% and supported me throughout the process. I am very pleased with the professionalism, kindness, and outcome. I recommend them without reservation.

Heinlein Law is by far the most knowledgeable and caring law firm in Minnesota. Their willingness to explain the law and their findings was exceptional. Their professionalism and caring nature made my experience with them a positive one. They have impacted my life and my family's life. Priscilla and Melissa never left my side during some of the toughest days of my life. The constant contact made you feel that your case was important, I never felt like I was on the back burner.

They fight for what is right and just! They are absolutely the greatest attorneys' office in my mind.

Heinlein Law has helped me tremendously on two occasions. They were nothing short of courteous, polite, helpful, and hard-working. They kept me up-to-date on everything and gave me updates regularly. They were able to get me fair settlements on both occasions. I could not have asked for any more from them. They were also patient with me, as I was busy and did not always get back to them in a timely manner. I will definitely be going back to them without question next time I need to. Professionalism to the max.

I came to your law firm looking for legal advice. I immediately felt very comfortable and at ease as the attorneys and staff were very approachable. You took on my case and worked with me, making me feel like I was someone important. I have never met a more compassionate group of people. You got the job done, and I couldn't have asked for better representation. I would come back to you guys in a heartbeat, and I would recommend you to anybody. You guys were so good and so sweet to me. You alleviated a lot of my stress, and helped me when was I was hurting. You were just wonderful. The entire firm and its staff made me feel very much at ease.

I had the opportunity to work with Heinlein Law on a complex Professional Board issue. They listened well and taught me much about how the professional boards work. They were totally supportive throughout the process. I would encourage anyone in need of legal services to contact them.

Melissa Heinlein provided me with phenomenal legal counsel and I would highly recommend her to anybody.

I had an excellent experience with Heinlein Law. The attorneys provided sound legal guidance and the appropriate expertise for my case. At a difficult time in my life they treated me with kindness, care, respect and professionalism. I will forever be grateful to them for the successful outcome of my case.

Hi Melissa, I want to let you know working with you was the best thing that happened to me. Your communication and listening skills made a difference in my case with the Board of Nursing. You treated me like a human being not a number. Also, your compassion and caring attitude played huge role to the success. I can not thank you enough for your effort and hardwork. I will surely recommend friends to you if they have a problem with the Board of Nursing.

I knew I had contacted the right attorney when Pricilla Lord called me back personally while she was on vacation. After explaining why I needed legal counsel (my son was bit by our neighbor's dog) her response was genuine and empathetic and centered around how my son was doing. The Heinlein Law team sincerely cared about my son and our family and kept our best interest at heart throughout the entire legal process. Their communication and expedition was top-notch as well. I would recommend them to anyone!

Heinlein Law represented me in defending my license in a Board complaint. Their quick response to my call and knowledge in how to navigate the process gave me the reassurance and peace I needed during one of the most difficult times in my career. They are kind and highly professional.Their expertise allowed me to focus on my work with my patients because I knew they were on my team!

I am so thankful for having you in my corner and believing in me this past year. You truly are talented and advocate for your clients in a very personal and important way. You gave me the kind of support I really needed throughout the process. Thanks so much for helping me to begin to enjoy each day again.

Excellent service! Melissa Heinlein helped me resolve an issue with the MN board of nursing and I was very pleased with the outcome. Would definitely recommend!

I recently responded to a request for individuals who had been prescribed a certain drug and who would like to be part of a class action suit. I called Priscilla Lord. I have had very little experience with attorneys or class action suits. Priscilla was very understanding and explained the procedures in language that I could understand. She went over the 'best' case scenario and the worst case scenario. I choose to proceed. Priscilla and her staff were extremely helpful. They walked me through the many, many forms, helped me with the medical requests and were generally there for me when I had questions. I am grateful that my first experience in the legal arena was a pleasant one. I would not hesitate to refer Heinlein Law to anyone who needs legal advice.

Dear Melissa,

I wanted to let you know how much your counsel and wisdom meant to me during these last 8 months. Mostly, your assurance and belief in me will never be forgotten. I celebrate the success of the case with you as I remember your poise and steadiness throughout. I will forever be grateful to you and the office of Heinlein Law. Take care.

My family and I want to thank you for all the hard work you did representing us after our mom's death. In one way its hard to believe that it's been two years ago already, but in another way it still seems so fresh a memory. Time goes on and with that it does bring some healing. Thank God for the memories of the past, so we can keep them in our hearts and close to us.

Dear Missy and Priscilla, I want to thank you so much for your care and professionalism during a really hard time. Your knowledge of the law and your advocacy were wonderful, and I am truly grateful.

Hi Priscilla, I just wanted to take a minute to say thank you for including me. This e-mail comes from the bottom of my heart. I have always hoped that someone would be crazy enough to give me a shot. You always treated me like a full member of your team. The trust that you put in me was the proudest I have been of myself in a long time. I learned and am learning so much from you. Priscilla, you are the definition of an advocate. Your passion for people and what it right is a constant inspiration that you can do what you love and do what's right. Your passion for your clients and justice is contagious. You are an amazing role model and an amazing person.

Still trying to gather all my emotions but what you did for me was beyond belief. Thank you for everything you did.

Best law firm ever! Had great knowledge and understanding of the system. Would recommend them to anyone!

Heinlein Law handled my file with as much passion and care as if I were a member of their own family. They never gave up on me no matter what. They were very professional, and also very kind.

Melissa helped me to get a good outcome. She was understanding and helpful every step of the way.

I want to take this time to thank you Priscilla Lord Faris and your staff for the many years of service you gave my case. I'm very grateful for all you have done. I know that the payment you received was not enough to cover the many endless hours you gave my case, and of course I also feel cheated by Dow Corning but even more by the judge who did nothing to help us. Again I thank each of you and again I hope Dow Corning will end up owing us more settlement.

When I hired the Heinlein Law to defend me from a frivolous business lawsuit that had dragged on for several years, I was impressed at the high degree of personal service and attention to detail that they devoted to my case. I am grateful to these dedicated professionals for their successful handling of this serious matter.

For anyone considering trying to get some compensation for an accident that has happened to them, I would definitely have Priscilla Lord represent me. She is very knowledgeable and thorough about all the steps that need to be taken to get the end result and feel satisfied that everything possible was done. With her experience, she knows the individuals who can be helpful and the ones that wouldn't. She and her staff are very hard working and diligent. They keep you informed as to how things are progressing, and what they need from you. You have to be patient as it can be slow moving since it usually involves lots of details. She makes you feel it will all be okay and you won't feel uptight about anything. If she says she will take your case, she definitely feels it is worth pursuing, and you can feel confident in hiring her to represent you. To Priscilla and her staff, I owe a huge THANK YOU for a job WELL DONE!!

You always have been a Super Lawyer. The title is a little late in coming. Thank you and your great staff for fighting for all of us in the Silicone Breast Implant case. It has been a big challenge and certainly a big pain. I, once again, wish to say a very sincere 'Thank You.'

I contacted Heinlein Law at 5:30 p.m. on a Wednesday night and by noon the next day Priscilla was guiding my way through a very difficult situation. She made sure I understood what was going to happen and was there for me the entire way. I was very pleased with the outcome of my case. Thank you, Priscilla

Dear Priscilla & workers - Many thanks for the Class 5 disease claim check.
I could not believe that after so many years there was finally some payment. That, of course, was due to your persistence. I am most grateful.

Hey Priscilla, Congratulations on your being recognized as a 'Minnesota Super Lawyer' for the second consecutive year. That's awesome. I cannot tell you how much I (and my family) appreciate all the work you put into our case. You brought much needed calm to a very volatile situation. Our business is so emotional. You are a blessing.

Dear Priscilla and Staff, I apologize for being so neglectful in thanking you for all the work and time you gave to me and my husband for my personal injury claim. We appreciated meeting you, and you were most helpful and accommodating. For being our first encounter with a personal injury claim, we were somewhat apprehensive of all that would take place. However, you made us very comfortable and the outcome was very much to our liking! You must have done an exceptional job of preparing the information as we were not asked any questions during our final visit. Thank you!

Hi Priscilla,I wanted to thank you for all the work you have done for me this last year. You were extremely helpful in explaining everything, and in listening to what I had to say. I really appreciate that!

Thank you for sending my settlement check express mail. I appreciate the time and extra effort and expense you have given my settlement. You have my trust and confidence. Again thank you. I have not felt like a number. I believe that both you and your staff really care.

This note to you is overdue. I just wanted to thank you for the efforts put forth in the case against Dow-Chemical. It required a lot of patience on your part as well as ours. My family doctor was pleasantly surprised with the outcome.

On behalf of the board of Women Against Silicone Poisoning I'd like to extend our deepest gratitude to you for your financial support toward our symposium in May and for your continued emotional support both past and present. It means a great deal to all of us and our prayers are with you.

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Outcomes

Frequently Asked Questions

I have received a letter from my licensing board. What happens now?Melissa Heinlein2025-03-05T15:52:45+00:00

I have received a letter from my licensing board. What happens now?

Your licensing board is an administrative body that governs professionals within your field and state. Under administrative law rules, the board can conduct investigations against licenses and decide if the nurse (or other professional) poses a risk to the public and their patients. The board, not a judge, will decide how the matter will be resolved – potentially with a suspension or then revocation of the license.

You have a right to due process. Your license is your property, and the United States Constitution protects it. Your license cannot be taken away without a fair hearing, and the Minnesota Legislature has a process for assessing license suspension or revocation cases.

As you begin this process, you must cooperate with your licensing board. Failure to do so could result in the indefinite suspension or revocation of your license. You must also respond in a timely manner to written allegations from your licensing board.

What is the complaint review committee?Melissa Heinlein2025-03-05T15:52:34+00:00

What is the complaint review committee?

If you have been called to a hearing or conference before the Minnesota Board of Nursing, your case will be presented to the complaint review committee. This committee will consist of one or more members of the Nursing Board, as well as an investigative member and the Assistant Attorney General that represents and advises the Board.

After assessing your case and allegations against your license, the complaint review committee will render a decision to either:

Dismiss the allegations.
Issue discipline against your license.
Suspend your practice.
Revoke your license.

How does the licensing board finalize a case?Melissa Heinlein2025-03-05T15:52:27+00:00

How does the licensing board finalize a case?

The Nursing Board will likely support the committee’s decision. You may be issued a “Proposed Stipulation and Consent Order” to sign, which if necessary, will outline the terms of discipline against your license. We highly recommend speaking with a professional nursing license attorney before signing.

What kinds of discipline can be imposed on nursing licenses?Melissa Heinlein2025-03-05T16:22:03+00:00

What kinds of discipline can be imposed on nursing licenses?

The most common forms of discipline include the imposition of a fine, the requirement of additional education or supervision, limitations of practice, or the required participation in an HPSP program (scroll down to learn more).

What happens if I can’t reach an agreement with my nursing licensing board?Melissa Heinlein2025-03-06T20:45:07+00:00

What happens if I can’t reach an agreement with my nursing licensing board?

This will likely result in a contested case proceeding – much like a trial. You will have the opportunity to testify, present evidence, and call witnesses to testify on your behalf.

Although you can obtain a favorable outcome with this strategy, the nursing board can override the judge’s decision and make a final decision on the status of your nursing license.

What is the purpose of the Minnesota Board of Nursing?Melissa Heinlein2025-03-05T16:22:11+00:00

What is the purpose of the Minnesota Board of Nursing?

The Board protects the public – not licensed nurses. It will take any allegations against your nursing license seriously. That is why it’s so important to hire a trained nursing license defense attorney if you receive a letter of allegation or investigation.

I have been called to appear for an investigative interview with an investigator at the Minnesota Attorney General’s office. Do I need a lawyer for that?Melissa Heinlein2025-03-05T15:52:11+00:00

I have been called to appear for an investigative interview with an investigator at the Minnesota Attorney General’s office. Do I need a lawyer for that?

At Heinlein Law we highly recommend obtaining an attorney for any investigative interview in Minnesota. This interview has been requested by your professional licensing board in order to gather more information from you regarding the complaint they have received. It is wise to retain a professional license defense attorney who can speak with the investigator before the interview to find out more about what the interview will be about. Then, your attorney can help prepare you for the interview and accompany you at the interview. The interview will be recorded and will become a permanent part of the record regarding the investigation against your professional license. It is advisable to retain an attorney before giving any information to your licensing Board in Minnesota.

I have been called to appear for an investigative interview at the Minnesota Attorney General’s office. Do I need a lawyer?Melissa Heinlein2025-03-06T20:46:10+00:00

I have been called to appear for an investigative interview at the Minnesota Attorney General’s office. Do I need a lawyer?

At Heinlein Law, we highly recommend obtaining a nursing license attorney for any investigative interview in Minnesota.

This interview has been requested by your professional licensing board to gather more information regarding the complaint they have received. The more you know about it in advance, the better. A trained nursing license lawyer will help you prepare and learn as much as possible about the complaint ahead of time.

I have received allegations against me from my licensing Board. Am I required to respond?Melissa Heinlein2025-02-14T17:44:33+00:00

I have received allegations against me from my licensing Board. Am I required to respond?

Yes. You must respond in a timely manner to any written allegations from your nursing licensing board. Just be mindful about what you provide in writing – everything will be a part of this investigation’s permanent record. We recommend working with a nursing license attorney to formulate the correct response.

I have received allegations but do not have much time to respond. Can I request an extension?Melissa Heinlein2025-02-14T17:47:20+00:00

I have received allegations but do not have much time to respond. Can I request an extension?

Yes, you may request an extension. If you are too busy or unprepared to respond, it’s certainly better to request an extension than it is to rush to answer. Talk to your nursing license defense attorney to begin the extension process.

Do I need to inform my employer of allegations against my nursing license?Melissa Heinlein2025-03-05T16:22:25+00:00

Do I need to inform my employer of allegations against my nursing license?

No. The first phase of your license investigation is confidential, which means you are not obligated to inform your employer. The only people who will know about the allegations at this stage are the board and whoever filed the complaint.

There may be some instances in which you want or need to discuss the allegations with your employer. In this kind of situation, enlist the help of a nursing license attorney before making any decisions.

I just received Allegations from my licensing Board. Should I inform my employer about the Allegations?Melissa Heinlein2025-02-14T17:48:39+00:00

I just received Allegations from my licensing Board. Should I inform my employer about the Allegations?

It is important to understand that during this phase of an investigation by your Board the matter is confidential and you are under no obligation to inform your employer about the allegations against you. The only people who will learn about your Allegations at this phase of the investigation are the Board and those who reported you to the Board. There may be some instances where you may wish to discuss the allegations with your employer. However, you should always seek advice from an experienced license defense attorney regarding whether or not you should inform your employer about the allegations against you.

What triggers an investigation against a nursing license in Minnesota?Melissa Heinlein2025-03-05T16:22:31+00:00

What triggers an investigation against a nursing license in Minnesota?

An investigation begins when a complaint is filed against you with the Minnesota Board of Nursing. The board never makes the decision to investigate on its own, without an official complaint. These complaints are filed confidentially by employers, colleagues, friends, or even relatives.

What are common complaints filed against nursing licenses?Melissa Heinlein2025-03-05T16:22:36+00:00

What are common complaints filed against nursing licenses?

Diversion of prescription narcotic medications from the workplace.
Failure to follow wasting procedures for narcotic medications.
Overuse/multiple prescriptions for prescribed narcotic medication.
Mental health issues that affect work performance.
Physical health issues that affect work performance.
Conviction of a criminal offense (assault, drunk driving, fraud, etc.).
Neglect of clients or patients.
Departure from minimal standards of acceptable prevailing medical practice.
Failure to meet patient record documentation standards.
Failure to fully assess a patient or client’s needs.
Fraudulent billing.
Exposure of privileged communications.
False advertising.
Violating professional boundaries with a patient or client, including sexual conduct.
Failure to pay student loans secured by the state or federal government.
Being fired from a job for cause.
Dismissal from the Health Professionals Services Program (HPSP) for failure to comply with your participation agreement.
Practicing beyond your licensed scope of practice.

Can I get a copy of the Board’s file or the original complaint against me? Can I find out who filed the complaint?Melissa Heinlein2025-02-14T17:51:09+00:00

Can I get a copy of the Board’s file or the original complaint against me? Can I find out who filed the complaint?

No. The Minnesota Data Privacy Practices Act protects the confidentiality of the person who files the complaint. The board may be able to provide certain aspects of the investigation, but you will not be able to obtain large portions of the file until after the investigation is closed. You will never receive the name of the complainant or the original complaint filed against you.

Do I really need a nursing license lawyer if my license is in question?Melissa Heinlein2025-03-05T16:22:47+00:00

Do I really need a nursing license lawyer if my license is in question?

We believe the answer is yes. Your career is your livelihood, and you’ve worked hard to obtain licensure. You deserve fair legal protection and defense from complaints.

A nursing license attorney will help you carefully, thoughtfully respond to allegations, as well as guide you through the stressful process. If you want the best possible outcome, consult a lawyer immediately.

What are the possible outcomes of an investigation into my practice?Melissa Heinlein2025-02-14T17:52:29+00:00

What are the possible outcomes of an investigation into my practice?

Complete dismissal of the allegations.
Discipline against your license.
Suspension of your license for a period of time.
Revocation of your license.

What are the possible outcomes of an investigation by the Board into my practice?Melissa Heinlein2025-02-14T17:53:33+00:00

What are the possible outcomes of an investigation by the Board into my practice?

Possible outcomes of an investigation include:

complete dismissal of the allegations;
discipline may be issued against your license (below are some examples of types of discipline that may be issued);
suspension of your license for a period of time; 4) revocation of your license.

Types of discipline that may be recommended by the Board include:

imposition of a fine,
completion of additional education,
a requirement of ongoing supervision over your practice,
limitation on the scope of your practice,
and/or participation in the Health Professionals Services Program (HPSP).

What type of events could trigger an investigation against my license?Melissa Heinlein2025-02-14T17:54:55+00:00

What type of events could trigger an investigation against my license?

What Events Could Trigger an Investigation Against My Professional License in Minnesota?

The Minnesota professional licensing Boards and other government agencies are all complaint driven. An investigation will not be opened against you unless a complaint has been filed against you with your Board. In other words, these Boards and agencies do not go out looking for improper behavior on their own. Complaints are often filed by employers or other mandatory reporters, but may also be filed by a friend or relative. The identity of a complainant remains confidential. Once a complaint is made to a licensing Board they are statutorily required to investigate the matter.

Is the investigation into my professional license confidential?

While a matter is in the investigation phase everything is confidential in Minnesota. Remember that the only people that know about your letter from your licensing Board are the people that you tell. Nothing in the allegations or investigative requests will be released to the public unless or until a disciplinary action is ultimately issued against you. Be mindful about with whom you share information regarding the investigation and the allegations against you.

What are common complaints?:

Diversion of prescription narcotic medications from the workplace
Failure to follow wasting procedures for narcotic medications
Over-use/multiple prescriptions for a prescribed narcotic medication
Mental health issues that affect work performance
Physical health issues that affect work performance
Conviction of a criminal offense such as assault, drunk-driving or fraud
Neglect of clients or patients
Departing from minimal standards of acceptable prevailing medical practice
Failure to meet patient record documentation standards
Failure to fully assess a patient or client’s needs
Fraudulent billing
Revealing privileged communications
False advertising
Violating professional boundaries with a patient or client, including sexual conduct
Failure to pay student loans secured by the state or federal government
Being fired from a job for cause
Being dismissed from the Health Professionals Services Program (HPSP) for failure to comply with your participation agreement
Practicing beyond your licensed scope of practice

If I am disciplined by my licensing Board, will I ever be able to get a job again?Melissa Heinlein2025-02-14T17:55:52+00:00

If I am disciplined by my licensing Board, will I ever be able to get a job again?

Yes – you can get a job again. Even if you are disciplined, you are not the first to have experienced it, nor will you be the last. This should not permanently define your career. Many professionals in various fields have been disciplined by their licensing board, then moved on to improve themselves, their practices, and their careers.

What is HPSP? Should I self-report if I have a chemical dependency or mental health issue?Melissa Heinlein2025-02-14T17:56:58+00:00

What is HPSP? Should I self-report if I have a chemical dependency or mental health issue?

The Health Professionals Services Program (HPSP) is a professionally staffed, confidential program designed to monitor the treatment and continuing care of eligible, regulated health professionals in Minnesota. You can voluntarily self-report, or you may be required to do so by your board.

If you have a health concern and think you need to report it to the HPSP, contact a nursing license defense attorney first for advice.

What is HPSP (The Health Professionals Services Program) and should I self-report if I have a chemical dependency or mental health issue?Melissa Heinlein2025-02-14T17:57:38+00:00

What is HPSP (The Health Professionals Services Program) and should I self-report if I have a chemical dependency or mental health issue?

The Health Professionals Services Program is a professionally staffed, confidential program designed to monitor the treatment and continuing care of eligible, regulated health professionals in Minnesota. Just like your professional licensing Board, HPSP is designed to protect the public, not you (the licensee). You should consult with an attorney before self-reporting to HPSP in Minnesota, in order to explore all of your options.

What can I expect if I enroll in HPSP?
Health Professionals Services Program is a monitoring program for health professionals in Minnesota. You can voluntarily self-report yourself, or, sometimes, your licensing Board may require that you do so as part of a discipline against your license. When you present to HPSP, you will be asked to sign a monitoring plan and participation agreement which empowers HPSP to supervise your practice, your mental health and/or your illness, condition, or addiction. Your Participation Agreement will likely be for a term of 1-3 years. If for any reason, you fail to uphold the requirements of your Participation Agreement, Health Professionals Services Program has the discretion to discharge you from the program at any time. And, if you are discharged from HPSP, they will report that information to your licensing Board.

We recommend that you always consult with an experienced professional license defense attorney before self-reporting to HPSP in Minnesota.

What can I expect if I enroll in HPSP?Melissa Heinlein2025-02-14T17:58:27+00:00

What can I expect if I enroll in HPSP?

HPSP (Health Professionals Services Program) is a monitoring program for health professionals in Minnesota. You can voluntarily self-report yourself, or, sometimes, your licensing Board may require that you do so as part of a discipline against your license. When you present to HPSP, you will be asked to sign a monitoring plan and participation agreement which empowers HPSP to supervise your practice, your mental health and/or your illness, condition, or addiction. Your Participation Agreement will likely be for a term of 1-3 years. If for any reason, you fail to uphold the requirements of your Participation Agreement, Health Professionals Services Program has the discretion to discharge you from the program at any time. And, if you are discharged from HPSP, they will report that information to your licensing Board.

It is always a good idea to consult with an experienced professional license defense attorney prior to self-reporting to HPSP in Minnesota.

What should I do if I have a substance use disorder that is impacting my ability to practice as a nurse, doctor, or other medical professional?Melissa Heinlein2025-02-14T18:00:12+00:00

What should I do if I have a substance use disorder that is impacting my ability to practice as a nurse, doctor, or other medical professional?

If you are worried that your substance use is impacting your ability to serve as a nurse with reasonable skill and safety, we may recommend taking a leave of absence from your job. This will allow you to better assess your ability and to pursue any treatment or recovery care you may need.

Are there any reporting obligations for licensed professionals?Melissa Heinlein2025-02-14T18:04:00+00:00

Are there any reporting obligations for licensed professionals?

Yes. Institutions and licensed professionals are expected to report misconduct or dangerous, inappropriate behavior to the Minnesota Board of Nursing.

Institutions (and chief nursing executives/administrative officers) are expected to report:

The revocation, limitation, or suspension of nurse privileges.
Dismissals of nurses.
Disciplinary action against nurses.
The resignation of nurses before disciplinary proceedings.

Licensed professionals working with licensed nurses are expected to report “any conduct believed to constitute grounds for disciplinary actions,” as well as unethical, unprofessional, or mentally unstable behavior.

Minnesota Statutes §148.263 spells out the reporting obligations of Nurse Licensed Professionals.

Subdivision 1. Permission to report. A person who has knowledge of any conduct constituting grounds for discipline under sections 148.171 to 148.285 may report the alleged violation to the board.

Subd. 2. Institutions. The chief nursing executive or chief administrative officer of any hospital, clinic, prepaid medical plan, or other health care institution or organization located in this state shall report to the board any action taken by the institution or organization or any of its administrators or committees to revoke, suspend, limit, or condition a nurse’s privilege to practice in the institution, or as part of the organization, any denial of privileges, any dismissal from employment, or any other disciplinary action. The institution or organization shall also report the resignation of any nurse before the conclusion of any disciplinary proceeding, or before commencement of formal charges, but after the nurse had knowledge that formal charges were contemplated or in preparation. The reporting described by this subdivision is required only if the action pertains to grounds for disciplinary action under section 148.261.

Subd. 3. Licensed professionals. A person licensed by a health-related licensing board as defined in section 214.01, subdivision 2, shall report to their board personal knowledge of any conduct the person reasonably believes constitutes grounds for disciplinary action under sections 148.171 to 148.285 by any nurse including conduct indicating that the nurse may be incompetent, may have engaged in unprofessional or unethical conduct, or may be mentally or physically unable to engage safely in the practice of professional, advanced practice registered, or practical nursing.

Subd. 4. Insurers. Four times each year, by the first day of February, May, August, and November, each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional liability insurance to registered nurses, advanced practice registered nurses, or licensed practical nurses shall submit to the board a report concerning any nurse against whom a malpractice award has been made or who has been a party to a settlement. The report must contain at least the following information:
(1) the total number of settlements or awards;
(2) the date settlement or award was made;
(3) the allegations contained in the claim or complaint leading to the settlement or award;
(4) the dollar amount of each malpractice settlement or award and whether that amount was paid as a result of a settlement or of an award; and
(5) the name and address of the practice of the nurse against whom an award was made or with whom a settlement was made.
An insurer shall also report to the board any information it possesses that tends to substantiate a charge that a nurse may have engaged in conduct violating sections 148.171 to 148.285.

Subd. 5. Courts. The court administrator of district court or another court of competent jurisdiction shall report to the board any judgment or other determination of the court that adjudges or includes a finding that a nurse is a person who is mentally ill, mentally incompetent, chemically dependent, dangerous to the public, guilty of a felony or gross misdemeanor, guilty of a violation of federal or state narcotics laws or controlled substances act, guilty of operating a motor vehicle while under the influence of alcohol or a controlled substance, or guilty of an abuse or fraud under Medicare or Medicaid, appoints a guardian of the nurse under sections 524.5-101 to 524.5-502, or commits a nurse under chapter 253B.

Subd. 6. Deadlines; Forms. Reports required by subdivisions 2 to 5 must be submitted no later than 30 days after the occurrence of the reportable event or transaction. The board may provide forms for the submission of reports required by this section, may require that the reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting. The board shall review all reports, including those submitted after the deadline.

WHAT HAPPENS IF I DON’T REPORT A FELLOW LICENSED PROFESSIONAL WHEN I KNOW THEY HAVE DONE SOMETHING WRONG?

Subd. 7. Failure to report. On or after August 1, 2012, any person, institution, insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be subject to civil penalties for failing to report as required by law.

(Minnesota Administrative Rules §6321.0500 REPORTING OBLIGATIONS).

Subpart 1. Institutions. The reporting required of institutions in Minnesota Statutes, section 148.263, subdivision 2, is interpreted to include1

resignation in lieu of discharge,
discharge, suspension, or other forms of discipline of a nurse for failure to carry out the responsibilities of a nurse.
examples of actions to be reported include but are not limited to
dismissal of probationary employees,
suspensions other than investigatory suspensions, restrictions or limitations of a nurses’s practice,
demotion, and
discharge from employment.

Subp. 2. Licensed professionals who consult with a therapist. The reporting required of licensed health professionals in Minnesota Statutes, section 148.263, subdivision 3, is interpreted to exclude the professional knowledge obtained in the course of a health professional-client relationship when the client is a nurse and the health professional successfully counsels the nurse to limit or withdraw from practice to the extent required by the impairment.

Do I have to report a fellow nurse if I know they have done something wrong?Melissa Heinlein2025-03-05T16:22:57+00:00

Do I have to report a fellow nurse if I know they have done something wrong?

Under Minnesota state law, the answer is yes – failure to report could expose you to penalties.

On or after August 1, 2012, any person, institution, insurer, or organization that fails to report as required shall be subject to civil penalties for failing to report as required by law. If you are worried about filing a complaint, or you are worried about consequences for your own license, speak with a nursing license defense attorney quickly.

I have received a letter from my licensing board and was wondering if you would explain how the process works?Melissa Heinlein2025-02-14T18:05:25+00:00

I have received a letter from my licensing board and was wondering if you would explain how the process works?

Your Licensing Board is an Administrative Body and Investigations Against Your License are Governed by Administrative Law Rules:
Administrative law differs greatly from civil law or criminal law. Unlike with criminal or civil matters, which are decided by a judge or jury, administrative matters are decided by an administrative body. In the case of allegations against a licensed professional, that administrative body is your licensing board. Administrative bodies are granted such great deference by the legislature because they are considered the experts with regarding to whether or not an individual’s practice poses any sort of risk to the public. As is elaborated on below, this means that your board will ultimately determine how your matter will be resolved, whether through dismissal, some sort of discipline against your license, suspension, or revocation.

Do I Have a Right to Due Process?
Since your professional license is considered your property, your right to due process enumerated in the United States Constitution protects you: your license cannot be arbitrarily taken away from you without a hearing. An administrative process has been outlined by the Minnesota Legislature that empowers your licensing Board to protect the public from unsafe practitioners, while also protecting your right to due process.

Must I Cooperate with My Licensing Board?
Failure to cooperate with your licensing Board in the event of an investigation will likely result in your license being suspended or revoked indefinitely. You must provide a response to their questions and provide your full cooperation.

Do I have to Respond to the Board Allegations?
It is important to provide an appropriate and timely response to any written Allegations that have been served against you by your Board. You should consult an attorney before providing any response to your Board.

What is the Complaint Review Committee?
If you are called to a hearing or conference before the Minnesota Board of nursing or any other Board, it will be before a complaint review committee. Most licensing boards in Minnesota follow similar or same procedures. These committees vary in their make-up from Board to Board, but are generally composed of one or more members of the larger Board, an investigative Board staff member, and the Assistant Attorney General who is appointed to advise and represent your Board

Is the Complaint Review Committee’ decision about my case the end of the process?

The committee will recommend their decision about your case to the full Licensing Board in one of the following ways:

complete dismissal of the allegations;
discipline be issued against your license;
suspension over your practice;
revocation of your license.

In most cases the full Board will almost certainly approve the committee’s recommendation.

How does the licensing board finalize my case?

If the complaint review committee recommends discipline against your license, which could include a period of suspension, you will most likely be presented with a Proposed Stipulation and Consent Order to sign. The Stipulation will outline the facts and the terms of the discipline against your license. It is very important to talk with an experienced professional licensed attorney about the Stipulation because once you sign a Stipulation and Consent Order with your Board the document will become available to the public and it can never be removed.

What are the typical types of Discipline imposed on a licensed professional?:
If the committee determines discipline is appropriate, some types of discipline that may be recommended include: imposition of a fine, completion of additional education, requirement of ongoing supervision over your practice, limitation on the scope of your practice, or participation in the Health Professionals Services Program (HPSP).

What is a Contested Case Proceeding?
If you are unable to reach a settlement agreement with your licensing Board, you have the option to go beyond the Board review process and pursue a Contested Case proceeding before an Administrative Law Judge. This process is much like a trial where you will have the opportunity to testify, and present evidence and call witnesses to testify on your behalf. It is important to recognize that, while you may obtain a favorable advisory opinion from the Administrative Law Judge, your licensing Board can override the Administrative Judge’s decision and may still make the final determination as to how your case will be resolved.

Would my case ever go up to the Court of Appeals?
If you remain unable to reach a settlement agreement with your licensing Board through a Contested Case proceeding, you still have the right to appeal your case to the Minnesota Court of Appeals. It is rare that cases fail to settle before reaching this level in the legal process and even rarer that the Court of Appeals will find against the recommendations of your licensing Board. absent a gross violation of your rights to Due Process, the Court of Appeals rarely overturns a Board’s recommendation.

Who sits on the licensing Boards?Melissa Heinlein2025-02-14T18:06:34+00:00

Who sits on the licensing Boards?

What is the purpose of each Minnesota professional license Board?

Nearly every licensed profession in Minnesota has a Board to oversee the education of and enforce the standards for its licensees. The Boards and their respective practice standards are administrative agencies that are created by and governed through Minnesota state law. These Boards are granted great deference for their expertise about their respective professions, and act as the judge and jury in any matter regarding the safety or fitness of their licensees.

What is the mission of the Minnesota Licensing Boards?

The mission of the Minnesota Licensing Boards is to protect the public, not the licensee (you). It is important that you take any allegations against your license seriously. An experienced license defense attorney can guide you through this stressful and complicated process, prepare you for your hearing, and help you obtain the best possible outcome. An Assistant Attorney General always represents your licensing Board throughout each proceeding: do not go it alone.

What is the make-up of my licensing board?

The Minnesota professional licensing Boards consist of several same-licensed professionals, at various practice levels, and some community or public members who are not licensed professionals. There are also paid Board staff members, who are not Board members, such as Practice Specialists or administrative support staff, who facilitate disciplinary proceedings. An Assistant Attorney General from the Minnesota Office of the Attorney General, always represents the Board throughout any investigative or disciplinary proceeding.

Is it really necessary to obtain a lawyer?Melissa Heinlein2025-02-14T18:08:58+00:00

Is it really necessary to obtain a lawyer?

Your livelihood is one of the most valuable assets you have and you have worked very hard to obtain your license. You should be mindful that the mission of the Minnesota Licensing Boards is to protect the public, not the licensee (you). It is important that you take any allegations against your license seriously and answer them thoughtfully. An experienced license defense attorney can guide you through this stressful and complicated process, assist you with your written response, prepare you for your hearing, and help you obtain the best possible outcome. An Assistant Attorney General always represents your licensing Board throughout each proceeding, so even more reason that you should hire an attorney.

Minnesota Board of Nursing

NURSES (RN, LPN, APRN)

Minnesota Board of Medical Practice

Doctors, Physicians, Physician Assistants, Acupuncturists, Athletic Trainers, Naturopathic Doctors, Respiratory Therapists, Traditional Midwives, and Professional Firms

Minnesota Board of Psychology

Psychologists

Minnesota Board of Chiropractic Examiners

Chiropractors

Minnesota Board of Dentistry

DENTISTS

Minnesota Board of Pharmacy

Pharmacists and pharmacy techs

Minnesota Board of Optometry

Optometrists

Minnesota Board of Behavioral Health and Therapy

Counselors