Last Updated on: 12th October 2023, 05:43 pm

Navigating Physician Assistant License Defense in New Jersey

Being a physician assistant (PA) is an incredibly rewarding career. You get to provide critical healthcare services and make a real difference in people’s lives. However, it also comes with a lot of responsibility. As a PA in New Jersey, your license to practice is your most valued possession. If the state board takes disciplinary action against you, they have the power to suspend or even revoke your license based on just a “preponderance of evidence”. That’s why it’s absolutely critical to have an experienced PA license defense lawyer on your side if you ever face an investigation or complaint.Believe me, I get it. I’ve worked with many dedicated PAs in my career. You got into this field because you want to help people. The last thing you expected was to end up under scrutiny by the New Jersey State Board of Medical Examiners. It can feel terrifying and isolating. But please know you have rights, and there are experienced lawyers who can advise and defend you through this process. I’ve seen many good PAs get through board investigations and keep their licenses. In this article, I want to walk you through some key things I’ve learned over my years of representing PAs in license defense cases. My goal is to educate and empower you on how the process works, potential pitfalls to avoid, and why having the right legal defense is so important.

An Ounce of Prevention

They say an ounce of prevention is worth a pound of cure. That‘s definitely true when it comes to PA license defense. Let’s start by going over some proactive things you can do to avoid problems in the first place:

• Know the Laws – Make sure you have a solid understanding of the New Jersey Physician Assistant Licensing Act and other relevant regulations. Consult with an attorney if anything seems unclear. Ignorance of the law is no excuse.
• Follow Protocols – Be diligent about following all supervising physician protocols, prescription guidelines, record-keeping rules, etc. Don’t cut corners.
• Document Thoroughly – Document everything in detail, especially informed consent discussions, patient refusals of treatment, and abnormal findings. Records are your first line of defense.
• Communicate Proactively – Keep your supervising physician updated on complex cases. Seek consults when needed. Better to ask too many questions than too few.
• Carry Adequate Malpractice Insurance – Make sure you have sufficient professional liability coverage through your employer or own policy. It won’t prevent lawsuits but will provide legal defense.
• Be Wary of Boundary Violations – Avoid potential pitfalls like improper relationships with patients, overprescribing controlled substances, self-treatment/prescribing, etc. Slippery slopes.

I could go on, but you get the idea. An ounce of prevention through vigilance, common sense, and consultation can help avoid circumstances that lead to board complaints and license issues. But if the worst happens, having experienced counsel is key. Let’s look at how the PA disciplinary process works in New Jersey and why skilled representation makes all the difference.

The Disciplinary Process and Potential Penalties

If a complaint is filed against you with the New Jersey State Board of Medical Examiners, here’s a basic overview of what you can expect:

• A letter of inquiry will be sent requesting your response to the allegations within a short timeframe (e.g. 10-30 days).
• The Board will review your response, complainant rebuttal (if any), and any other evidence. They will make a preliminary decision on whether to pursue formal disciplinary action.
• If the Board decides to charge you with a violation, you will receive a formal statement of charges outlining the allegations and potential penalties if proven true.
• A hearing will be scheduled where Board attorneys will present the charges and evidence against you. You or your legal counsel can present counter evidence and testimony.
• The Board will review the evidence and make a final decision on your case. If found guilty of a violation, they can impose penalties up to and including:
  • Fines up to $10,000 per violation
  • Probation or practice restrictions
  • Suspension of your license
  • Permanent revocation of your license

As you can see, the stakes are high. The Board has tremendous power over your professional livelihood. They can end your career with the stroke of a pen. This is why having an experienced PA license defense lawyer is so critical.

Why You Need a Lawyer Who Knows PA Licensing

Navigating the New Jersey PA disciplinary process is complex. Quite frankly, the deck is stacked against you from the start. The Board has huge resources and home field advantage. They will come at you aggressively. The best way to level the playing field is having a knowledgeable lawyer fighting in your corner. Here are some key benefits a skilled PA license defense attorney provides:

• They know the process inside-out – Experienced lawyers have handled many PA cases. They know all the rules, strategies, and potential pitfalls. This experience is invaluable.
• They can evaluate objectively – Lawyers provide detached, objective counsel. They aren’t emotionally invested like you are. This leads to better judgment.
• They can negotiate effectively – Lawyers have working relationships with Board officials and know how to negotiate resolutions. Many cases can be settled through diplomacy.
• They know how to build a defense – Lawyers know how to gather evidence, find experts, and construct the strongest defense case possible under the circumstances.
• They are trial tested – If a hearing is unavoidable, a lawyer’s litigation skills can mean the difference between winning and losing your license.

There are many complex legal nuances in PA licensing cases. Having an attorney experienced in this specific area is critical. They know how to protect your rights and build the strongest case for you.