While the regulatory environment for professional and occupational licensing continues to become more and more complex, the basic principle for individuals and businesses remains the same—a license can be your most valuable asset. Whenever there is a sign you may have to deal with a licensing agency, you should contact an attorney with experience in this specialized area of practice.
At Foster Swift, our attorneys have the necessary expertise in the complicated array of statutes, regulations, guidelines, and other policies relating to professional and occupational licenses. They also have the hands-on experience in dealing with regulatory agencies, and know the way to a favorable outcome.
We help our clients with the initial step of getting licensed. We counsel clients about the requirements applicable to practicing under their licenses. We provide a vigorous defense when a client’s license may be at risk—when a subpoena or request for records is received, when an investigator asks for an interview, or when an administrative complaint is filed.
Our licensing attorneys frequently advise and assist clients with:
- Applying for professional and occupational licenses and addressing denials of licensing applications
- Understanding issues relating to scope of practice, compliance with regulatory requirements, business planning and operations under a professional or occupational license
- Responding to subpoenas and dealing with investigations
- Defending administrative complaints and other disciplinary actions
- Appealing adverse outcomes in licensing actions
- Dealing with the collateral consequences of disciplinary sanctions, such as reporting, credentialing, exclusions, and participation with insurance and governmental payers.
Foster Swift has attorneys in a broad range of practice areas who can team with our licensing attorneys and help clients with other issues affecting their professions and businesses.
Michigan requires licensure to practice in many professions and occupations. Over 25 separate health professions are governed by the Public Health Code. The Occupational Code applies to more than 15 occupations. Numerous other licensing requirements for individuals and businesses exist in other Michigan statutes and regulations. Our attorneys have represented clients in almost all of these professions and occupations, including physicians, dentists, psychologists, pharmacies and pharmacists, accountants, architects, engineers, insurance companies and insurance agents and producers, real estate brokers and salespersons, builders, and many others.
Recent Blog Posts
- Scope of Practice, Delegation, and Supervision Requirements for Health Professionals Caring for COVID-19 Patients Reinstated
- LARA Issues Changes to Child Care Licensing Rules
- New Rule on Exceptions to "Bona Fide Relationship" Requirement for Controlled Substance Prescribing
- Update on the Michigan Department of Licensing and Regulatory Affairs Proposed Rules for Licensing Health Facilities and Agencies
- Update on Michigan’s New Requirements for Prescribing Controlled Substances
- Michigan Adopts New Requirements for Controlled Substance Prescriptions
Publications & Alerts
- Michigan Voters Approve Recreational Marihuana Ballot Proposal , Foster Swift Municipal Law E-blast, November 7, 2018
- Recent Court Decisions Make Clear that Municipalities Must Identify Specific Litigation to be Discussed During Closed Meeting, Foster Swift Municipal Law News, August 14, 2018
- Nuts and Bolts of the New Medical Marihuana Facilities Licensing Act, Foster Swift Municipal Law News, April 14, 2017
- Michigan Court of Appeals Holds that Services Might be Lawfully Rendered Under MCL 500.3157 Even if the Service is Proper to a Field of Practice for Which the Provider is Not Licensed, Foster Swift No-Fault E-News, June 24, 2008
- Collateral Consequence of Criminal Behavior: Professional & Occupational Licenses, State Bar of Michigan (SBM): Criminal Law Section's Mid-Winter Conference, February 16, 2020
If you’re a licensed professional and have received a subpoena for records or an interview request from the Michigan Department of Licensing and Regulatory Affairs or other state regulatory body, it’s critical to understand that these are first steps in a legal process that can result in serious consequences, including the possible loss of your license. You should immediately consult with an attorney experienced in licensing proceedings. Waiting until a formal administrative complaint is issued can lose valuable opportunities to avoid disciplinary action in the first place.