HJAR Jan/Feb 2023

LICENSES AND THE LAW 24 JAN / FEB 2023 I  HEALTHCARE JOURNAL OF ARKANSAS  includes understanding what evidence or proof you will need for each defense and ensuring that you have that evidence to present at the hearing. Most board hearings will begin by read- ing the complaint (set of allegations) that is pending against you. Then, both sides will be given the opportunity to present an opening statement to the board. Opening statements should be brief and should outline what evi- dence you will be presenting. Assistant attorneys general are gener- ally the lawyers who present the case to the board against you. The assistant attorney general will first call a representative of the administrative team for the board to pres- ent how the complaint came to be, the com- plaint’s substance, and what steps the board took to investigate the allegations. Next, the assistant attorney general will normally call his or her additional wit- nesses to testify regarding the allegations in the complaint, including the complainant, board investigator, and any other relevant witnesses or experts. After the assistant attorney general presents his case, you (or your attorney) will have the opportunity to provide your defense. Consider testifying in support of your defense. If you have an attorney, then your attorney should ask you questions that will elicit testimony favorable to your case. First, testify regarding your educational, licens- ing, and employment background. Next, we suggest that you walk through any evidence that supports your defense. Prepare for cross-examination. After you complete your testimony, the attor- ney general will get a chance to ask you questions on cross-examination. You need to think through what questions he will ask and carefully consider your potential responses. Be prepared. Formulate answers in advance of the hearing. Know the evi- dence that supports your position. Do not rush to respond. Take a minute. Consider the question, remain calm and respect- ful, and then answer the question. Main- taining professional decorum is almost as important as what you say. Consider presenting an expert witness. In addition to testifying on your own behalf, you can present additional witnesses to sup- port your defense. Depending on the alle- gations, you may want to hire an expert to review your case and offer an opinion as to the allegations pending against you. Boards oftentimes have at least one expert. If the board presents an expert, and you do not, this could give the impression that you could not find a supportive expert. Not only can you use an expert to support your defense against the specific allegations, but you can also use an expert to support your general competence in your field. For example, suppose that you committed the allegations against you in this particular instance, but generally, you are still a com- petent professional and a helpful addition to the field. Let an expert say that! The expert could suggest that the board require additional training, supervision, continuing education, etc., instead of sus- pending or revoking your license. “Importantly, licensees are allowed to have legal representation at every step in this process, including during interviews by the investigator.”