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Posted - 03/21/2013 10:01am
0 Comments | Add Comment Ethical Surprises: Common Blind Spots for Licensed Professionals

Licensing authorities have always tended to be conservative with regard to behavior they consider to be “crossing the line,” but these days, that line isn’t quite as defined as it once was. Issues that were once black and white are now tinged with shades of gray, which can lead to challenges for both licensed professionals and the bodies that provide their licenses.

Technology is the usual culprit with respect to issues such as confidentiality/privacy, truth in advertising, and dual relationships. “Big brother” seems to be everywhere, facilitated by social media; use of cutting-edge computer technology like the cloud; and the fact that what people say can have a long “shelf life” if it’s memorialized via voice mail or another type of recording device.

What’s a licensed professional to do? In general terms, you must understand that anything you say or communicate, no matter how innocuous you think it might be, has the potential to hurt you. Here are a few more specific tips:

Set strict boundaries for online friend relationships. It might seem like harmless fun to communicate with strangers, but it can be dangerous.
Get familiar with today’s rules regarding confidentiality, which are different than they were in the pre-Internet world.
Be careful anytime you put something in writing, especially when using informal communications methods like e-mail or social media.
Eliminate the hyperbole from any statements you make in an effort to be heard above the din, especially on social media sites.
Manage your files and data with client confidentiality in mind, using reputable hosting companies that have proven technology in place to protect your sensitive information.
Assume that anything you put “out there” will be widely disseminated, so choose your words carefully, as if you know your supervisor, colleagues and clients will see it.
Be extremely careful when entering into any new relationship, especially friendships or business arrangements with patients/clients (which should typically be avoided anyway).

You may think some of these suggestions are a little “over the top,” but trust me, they’re not. I know a pediatric nurse who wishes she’d had such counsel; she lost her job and was fined by her licensing board after posting on Facebook that she’d had a busy day that included “delivering a peanut and a moose.” Even though she didn’t name names, according to HIPAA (the Health Insurance Portability and Accountability Act), medical professionals can’t disclose information tied to a certain date.

While some people may like to blame technology for their communications woes, their behavior is at the root of the problem. You have the power to edit what you say in e-mails, on social media and to other people, and to safeguard your professional license, you might want to follow the old adage: “silence is golden.”

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Posted - 02/14/2013 09:36am
0 Comments | Add Comment White Collar Crime and Your Professional License

The very notion of being a victim of crime is scary to most people, but potential danger is typically associated with street crime perpetrated by a stranger. In reality, white collar crime—especially when committed by a trusted professional—can be equally dangerous, albeit less physical, but with significant long-term effects.

As a licensed professional, you may think the worst thing that can happen if you abuse your patients’/clients’ trust is a fine or slap on the wrist in the form of a censure, but you’d be wrong. Depending on the misdeed, you may find yourself dealing with the loss of your license, or even criminal prosecution.

The fact is, agencies take a very dim view toward those whose lack of character is reflected in “conduct unbecoming” to a licensed professional. They’re well aware that too many incidents of unethical conduct—alleged or proven—tend to paint the entire profession in a negative light.

While violent crime may have more of a shock effect, think of what’s at play when licensed professionals cross the line. These people fostered trust that led to having access to personal data such as financial information and medical records—and then they abused that trust in some way. Think Bernie Madoff.

It’s because white collar crimes aren’t “stranger crimes” that the punishment for them may be more severe than you might think; nothing random has occurred when someone’s trust has been broken. And licensing agencies may move forward more quickly than prosecutors can—and their burden of proof is lower.

Prosecutors must prove there was specific intent to conduct a fraudulent act and they may decide not to pursue cases under a certain monetary threshold. Agencies (and clients themselves) can cast a wider net and they may have causes of action available to them that the government doesn’t have.

The bottom line: any type of fraudulent behavior has the potential to negatively affect your status as a professional licensee. Even if an allegation is made but never proven, many people do believe that “where there’s smoke there’s fire,” and it can be difficult and even impossible to repair a damaged reputation.

Posted - 02/01/2013 10:42am
1 Comments | Add Comment The Need for Mindful Communication

In most communications situations, being mindful is not a requirement. However, when you’re faced with having a challenging conversation—something that’s a common occurrence for attorneys, therapists or physicians—its successful resolution may very well depend on your ability to engage in mindful communication.

What is mindful communication? It’s quite simple to define: you engage listeners in a way that leads to moving forward in a mutually beneficial direction. What’s more difficult is actually doing it.

All mindful communication begins with self-examination, since you need to know “where you are” before you initiate any potentially combative conversation. This includes having a mindful presence—eliminating as much stress as you can before you get started—and taking care not to project your own issues during the dialog.

For example, I have a friend who’s not very organized, and neither is her assistant. She doesn’t feel good about her own behavior, so it would be easy for her to project her displeasure during conversations about workflow—but what good would that do? I recommended that she take responsibility for her behavior, communicate what she needs, and work with her assistant to determine a solution.

Susan Gillis Chapman, author of The Five Keys to Mindful Communication, suggests using a red-yellow-green light approach to address her five keys, which are:

We-first communication. Create an intention for the conversation.
Mindful presence. Begin the conversation on positive note, with an awake body, tender heart and open mind.
Encouragement. Keep a level playing field during the conversation and encourage the expression of vulnerable feelings.
Gentle speech. Make sure you don’t shut down, use justifications, ignore feedback, and get carried away by your own thoughts or emotions.
Unconditional friendliness. Break the cycle of having a heartless mind and a mindless heart.

I’m a big believer in Chapman’s approach, which provides all the tools necessary to engage in a natural communication—“green light”—system. This mindful way of communicating will yield far better results than you’ll ever be able to achieve via confrontations, which are inherently uncomfortable and often result in a rocky road moving forward.

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Posted - 12/10/2012 10:06am
0 Comments | Add Comment Stacie Patterson Achieves Bail Reduction for Teen

I was successful in reducing the bail for one of my clients from $100,000 to $50,000. The judge agreed to reduce bail because my client has no criminal record, has a place to stay if he is released, and he had a job when he was arrested.

To learn more, please see ABC 10 News and Fox 5 San Diego.

Posted - 11/12/2012 05:48pm
0 Comments | Add Comment Defending Your Professional License: What You Need to Know

A vast majority of licensed professionals go through their entire career without being investigated by a licensing agency. Those who do face scrutiny are often unaware of the process they’re about to enter, and as a result, are typically unprepared at the onset to adequately defend themselves.

Do you need an attorney? Do you want to participate in the investigation? Can you continue to practice? How long does the process take? What are the best case/worse case scenarios? These are just some of the questions that may run through professionals’ minds upon receipt of a letter from their licensing agency notifying them that an investigation into alleged unethical conduct is imminent. Here are some answers:

Discuss your situation with an attorney who has experience with license defense. This might sound a bit self-serving—since that’s what I do—but I’m not marketing myself; I’m simply recommending that you address license agency scrutiny with an attorney who’s handled similar cases. And, it’s critical to be brutally honest with your attorney about what an investigation could uncover, so she can guide you appropriately.
Understand that it may be in your best interest not to participate. The licensing agency is going to conduct its investigation with or without your participation, and the last thing you want to do is provide fodder to it. An agency investigation is often broader than indicated, and you won’t be privy to discovery at this juncture—so you won’t know exactly what information it has on you and what’s being alleged. Your attorney—who knows the entire picture if you’ve been frank with him—will be able to help you make an informed decision regarding your participation, understanding that the best outcome is the agency deciding it doesn’t have enough information to proceed.
Remove emotion from your decision-making. This is certainly easier said than done, since it’s human nature for us to look at any set of facts in a way that benefits us, and color the truth to our advantage. You need to trust your attorney to be an unbiased advocate—and remember that facts can be spun in multiple ways.
Be aware of the possible next steps. In the event the agency chooses not to close the file, it may file an accusation, which is similar to a criminal complaint, at which time the right to discovery kicks in, so you can see what information it has. As an alternative, the agency may issue a citation, which technically isn’t considered discipline and is usually resolved with a fine and/or requirement to complete applicable classes, or a public or private reprimand, the former of which is often available via the Internet.
Be professional, and proactive as needed. In most circumstances, you’ll be allowed to practice during the investigation into your alleged behavior, which in some instances can take years. This delay can be used to your benefit, if there is an issue to address, by entering into rehab or taking other applicable mitigating actions to demonstrate your ability to correct past misdeeds. It goes without saying that your ongoing behavior must be totally above reproach.
Realize how the process can end. If an accusation is filed, you often have the opportunity to negotiate a resolution or you can assert your right to a hearing. The worst outcome will be to lose your license—but even then you often can reapply after a period of time.

Something to never lose sight of is that it’s a privilege, not a right, to have a professional license. And, like a felony conviction, a license revocation can adversely affect your career for the rest of your life. For example, a Realtor licensing board may look askance at an applicant who had her nursing license taken away; the industries are totally different, but behaving ethically and professionally is a common bond.

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Posted - 10/29/2012 05:48pm
0 Comments | Add Comment Understanding and Managing Professional License Risk

Once you earn a professional license, you might think your interaction with your licensing board has ended, but it may have actually just begun. Boards that license therapists, lawyers, and other professionals have a great deal of power with respect to whether licensees maintain their status, and make no mistake, their goal is to protect the public—not those they have licensed.

What can you do as a licensed professional to understand your risks and manage them to ensure you remain in good standing with your licensing board? Here are a few suggestions:

Know that a broad range of conducts, including anything criminal, can result in disciplinary action, even if it might seem unrelated to carrying out your professional duties. While behavior with patients/clients certainly falls under the microscope, so, too, can activities that might lead your licensing board to think you’re dishonest or unethical. This can include acts of violence, substance abuse issues and even getting a DUI while on vacation; while those occurrences may not affect your work, they reflect on professionalism, or lack thereof.
Stay ahead of any potential disciplinary action by addressing issues before your licensing board learns about them. If you’ve done something that results in attention from law enforcement, be sure to report it when you renew your license. This is especially important if your issue includes intoxication or use of a controlled substance, since you may almost be in a position of having to prove you’re not a substance abuser.
Follow your gut instincts—that internal alarm system we all have—before engaging in any behavior that could be considered “fishy.” I’ve found that when licensees get in trouble, most of them had a feeling that their actions weren’t going to work out well for them.
If you do come into the crosshairs of your licensing board, be very cautious about providing a statement without having an attorney present. The people you’re dealing with may act like they’re your friends, but you need to remember that their “customer” is the public, not you.

What’s the possible disciplinary action that can befall you if your licensing board believes your behavior has crossed the line? A reprimand—public or private—or a citation may be issued, and you may be placed on probation, which means you must abide by extremely onerous restrictions to continue to work. The most serious form of discipline would be to revoke your license.

The moral of the story: understand the consequences of unprofessional behavior and take steps to manage your risk so you never find yourself in the position of defending your actions in front of your licensing board. In the best-case scenario, your communication will be limited to quietly renewing your license.