Professional Disciplinary Matters

The Zielke Law Firm, P.S. continues to successfully handle and resolve many disciplinary matters involving licensed professionals.

Needless to say, disciplinary matters are disruptive, emotionally trying, and unpleasant. The Zielke Law Firm, P.S, through its attorneys, uses its skill, background and experience to defend licensed professionals in these matters, all the while maintaining strict confidentiality and providing his care, concern, and service.

Below is a broad overview of how the disciplinary process can proceed:

As licensed professionals know, anyone can file a complaint against them at any time and without warning. Further, it does not matter if the complaint lodged against a licensed professional is patently frivolous or based on fact - the result is the same - the licensing board will conduct an investigation and contact the licensed professional for information. At times, the licensing board will receive a complaint and conduct some investigation prior to the professional becoming aware that a complaint was lodged. Mr. Zielke is aware of one instance where the investigator for a board did not notify a licensed professional for over one year that a complaint had even been filed.

Once a complaint is lodged and the state board is ready to proceed, the licensed professional will receive notice of the complaint. It is Mr. Zielke's strong recommendation that any professional obtain independent legal counsel and advice upon any belief or notice that a complaint has been filed against them. Under State law, the professional is mandated to cooperate with the underlying investigation and often to respond to the complaint in writing. An investigation is then completed. The State then makes a decision on whether or not to file charges (i.e., unprofessional conduct). If no charges are to be filed, the State will issue a letter advising that the complaint as alleged, did not meet threshold for the State to pursue the matter. Otherwise, the professional will receive a statement of charges which are the allegations which the State will proceed with against the professional. This is serious and the State will be pursuing a finding of fact that already allows the State to take some sort of disciplinary action against the professional. If you do not already have legal counsel to advise and represent you, it is Mr. Zielke's strong recommendation that you immediately obtain experienced legal counsel.

In response to the statement of charges, the mater is set for an administrative hearing (similar to a trial) before an administrative law judge. The professional, usually through an attorney, conducts discovery which is the process of finding and 'discovering' the facts and circumstances giving rise to the complaint and to determine the strength or weakness of the underlying claim and defenses. Prior to a formal administrative hearing, a settlement conference can or will be conducted. If agreement can be reached between the licensing board and the professional in how to resolve the matter, the matter is resolved. This can involve some sort of sanction such as a monetary fine, continuing education requirements and probation. Of course, the sanctions can be less or far worse. If no settlement is achieved, the matter proceeds to hearing before an administrative law judge. The administrative law judge will hear the evidence presented from the State Board and from the professional and then render a decision. Beyond the administrative hearing, there are appeal rights which are beyond the scope of this overview.

Here is a letter (the name of the dentist has been withheld at his/her request) that The Zielke Law Firm, P.S., has received after having been represented by Mr. Zielke:

Dear Robert,

I wanted to take this opportunity to thank you for the services that you have provided for me. As you know, you have served me two different times. Your promptness and attention to detail were welcome and very much appreciated. I did not feel rushed in any way during any of my consultations, either in person or by telephone, and my messages to you were promptly returned.

Even though I relied upon you and your staff for your technical leadership and guidance, I always felt that I was a part of the team and was informed in detail of every aspect of the work. There was no hesitation to meet the legal needs with the appropriate responses. Again, I reiterate the care and attention to detail that has been a hallmark of your care regarding my needs.

I would be pleased and honored to recommend you, your staff and your firm to those that have a need of your expertise.

I hope this finds you and your family well.

Best Regards,
Anonymous, DDS, MAGD

The Zielke Law Firm, P.S. represents and defends professionals in disciplinary matters and inquiries such as, but not limited to, the following professionals:

• <%=BX%> Accountants
• <%=BX%> Acupuncturists
• <%=BX%> Advance Nurse Practitioners
• <%=BX%> Architects
• <%=BX%> Auctioneers
• <%=BX%> Certified Nurse Anesthetists
• <%=BX%> Certified Public Accountants (CPAs)
• <%=BX%> Chiropractors
• <%=BX%> Dental Hygienists
• <%=BX%> Dentists
• <%=BX%> Denturists
• <%=BX%> Dieticians
• <%=BX%> Dispensing Opticians
• <%=BX%> Doctors
• <%=BX%> Embalmers - Funeral Directors
• <%=BX%> Engineers
• <%=BX%> Geologists
• <%=BX%> Homeopaths
• <%=BX%> Land Surveyors
• <%=BX%> Licensed Practical Nurses
• <%=BX%> Marriage Counselors
• <%=BX%> Massage Therapists
• <%=BX%> Mental Health Counselors
• <%=BX%> Midwifes
• <%=BX%> Naturopathy
• <%=BX%> Nurses
• <%=BX%> Occupational Therapists
• <%=BX%> Ocularists
• <%=BX%> Optometrists
• <%=BX%> Osteopathic Physicians
• <%=BX%> Pharmacists
• <%=BX%> Physical Therapists
• <%=BX%> Physician Assistants
• <%=BX%> Physicians
• <%=BX%> Podiatric Physicians
• <%=BX%> Psychiatrists
• <%=BX%> Psychologists
• <%=BX%> Radiology Technicians
• <%=BX%> Real Estate Agents and Brokers
• <%=BX%> Real Estate Appraisers
• <%=BX%> Registered Nurses
• <%=BX%> Respiratory Therapists
• <%=BX%> Speech/Language Pathologists
• <%=BX%> Veterinarians

If you become aware of a complaint being lodged against you, please contact The Zielke Law Firm, P.S. for a confidential and free initial consult.