Professional License Defense: Protect Your Career
Received a Letter from Your State Board? Here’s What You Need to Know Right Now.
If you’ve received a letter from your Arkansas licensing board, you’re likely feeling overwhelmed, frightened, and uncertain about your future. Your license represents years of education, sacrifice, and dedication—and now it’s at risk.
You are not alone, and this doesn’t have to end your career.
I’m Stewart Whaley, an Arkansas attorney defending nurses, doctors, pharmacists, and other licensed professionals in board investigations and hearings. From diversion allegations to prescribing complaints, I help protect licenses and rebuild careers.
Table of Contents
Quick Action Guide: First 24 Hours
If you just received a Board letter
Do:
- Read everything carefully and note all deadlines (typically 20–30 days).
- Make copies of all documents.
- Document everything related to the allegations.
- Preserve all evidence (emails, charts, records).
- Contact a professional license defense attorney.
Don’t:
- Respond to the Board without legal advice.
- Call or email the Board back.
- Talk to colleagues about the complaint.
- Post on social media.
- Delete any documents or communications.
- Resign or surrender your license.
Why Professional License Defense Requires Specialized Expertise
General Attorneys Can Miss Critical Differences
Unlike criminal and civil cases, licensing boards operate under different laws and rules (written and unwritten) that many attorneys don’t fully understand:
- Lower standard of proof: boards use preponderance, not beyond a reasonable doubt.
- Relaxed evidence rules: hearsay and materials excluded in court may be used.
- Dual proceedings: criminal charges and board action often run in parallel.
- Interstate consequences: Arkansas discipline can follow you across state lines.
- Every Board is different: the staff, Board members, areas of concern and focus on rehabilitation versus punishment vary significantly, and a given Board changes every few years, due to staff and Board member turnover.
Example: I’ve lost count of the calls from nurses that were assured their criminal case “deal” would avoid Board discipline because the result was “not reportable;” “not a conviction.” or “not something the Board cares about.”
Unfortunately, I’ve had multiple clients receive these incorrect reassurances from all three “experts” involved in their criminal case:
1. Their defense attorney
2. The prosecuting attorney
3. The judge presiding over their case
Early specialized knowledge avoids unforced errors.
The Stakes Are Higher Than You Think
What appears to be a simple violation can result in:
- Suspension or revocation of your license
- Permanent report in the National Practitioner Data Bank (NPDB)
- Loss of ability to practice in multiple states
- Potential criminal exposure
- Seizure of property and assets
- Damage to professional reputation
Common Professional License Violations in Arkansas
Documentation & Recordkeeping
- Incomplete or inaccurate charting;
- Missing patient assessments
- Backdating or altering records
- EHR errors
Substance Abuse & Diversion
- Drug diversion;
- Positive drug screens;
- DUI/DWI
- Prescription fraud
Confidential assistance programs may protect your license. Learn more.
Criminal Charges
- DUI/DWI (even first offenses)
- Drug possession,
- theft/fraud, domestic violence, felonies
- Criminal charges often trigger board investigations.
Patient Care & Scope Issues
- Medication errors;
- Treatment delays or failures;
- Inadequate patient assessments
- Scope of practice violations;
Boundary Violations
- Inappropriate relationships with patients/clients
- Social media contact with patients
- Accepting gifts
- Dual relationships
Billing & Fraud Allegations
- Medicare/Medicaid issues;
- Upcoding/unbundling;
- Insurance fraud
- Lack of documentation to support billing