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What Types Of Matters Do Licensing Boards Investigate?

Licensing boards have a broad mandate to regulate a conduct of their licensees. For example, if you look at the New Jersey State Board of Medical Examiner’s website, the second sentence on that website reads:

New Jersey’s Medical Board is responsible for protecting the public’s health and safety by determining qualifications of applicant’s for licensure, establishing st____f or practice, and disciplining licensees who do not adhere to those requirements.

The same type of mandate can be found with respect to other health care and non-health care licensing boards in the State of New Jersey. Under New Jersey Uniform Enforcement Act, boards are given to investigate the activities of licensees. These investigations can include matters relating to the practice, as well as matters taking place outside the licensees practice. One example, N.J.S.A. 45:1-21 states:

  • A Board may refuse to admit a person to an examination or may refuse to issue or may suspend or revoke any Certification, Registration or License issued by the board upon proof that the applicant or holder of such Certificate, Registration or License:

    Has been convicted of, or engaged in acts constituting, any crime or offense involving moral turpitude or relating adversely to the activity regulated by the board. For the purposes of this sub-section, a Judgment of Conviction or a plea of guilty non-volt, non-condendary or any such disposition of alleged criminal activity shall be deemed a conviction:

This section gives the board the broad mandate, criminal activity that occurred either in the practice or outside the practice.

Q. What types of activities within the practice subject a licensee to discipline?

A. N.J.S.A.45:1-21 lists the various grounds under which a board may suspend or revoke a license. Among the items are:

  • Where a license is being maintained through fraud, deception or misrepresentation.
  • Has a licensee engaged in the use or employment of dishonestly, fraud, deception, misrepresentation, false promise or false pretense.
  • Where the licensee has engaged in gross negligence, gross malpractice or gross incompetence, which damaged or endangered the life, health, welfare, safety or property of any person.
  • Has engaged in repeated acts of negligence, malpractice or incompetence.
  • Where the licensee is engaged in professional or occupational misconduct as may be determined by the board.
  • Where the licensee has had a license issued by another state, agency or authority revoked or suspended.
  • Where the licensee is engaged in drug or alcohol use that is likely to impair the ability to practice the profession or occupation with reasonable skill and safety.
  • Where the licensee has advertised fraudulently in any manner.

If you have recently been questioned by your board, or are currently under investigation, contact me at 973-377-0007 to discuss your matter. The call is free and confidential.

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