Health Licensing Defense

For more than 40 years, Fredrikson has been a go-to firm in defending health care professionals before licensing boards. We have represented hundreds of clients before the full range of licensing boards—in Minnesota and throughout the upper Midwest. Our attorneys have written and lectured extensively about the issues faced by health care professionals in dealing with licensing complaints. Most importantly, we have achieved tremendous successes for our clients.

When your professional future is threatened by a licensing board investigation, it is essential that you be represented by an attorney who has experience dealing with licensing boards and understands the licensing investigation process. We have an extensive track record of successfully representing health care professionals before state licensing boards.

Taking a solution- and results-oriented approach, we seek to make sure our licensees leave their board conferences with a dismissal. If, however, the committee or panel decides to initiate disciplinary or corrective action, we will work and negotiate with the board to obtain the most favorable outcome. If necessary, we will defend licensees at contested case hearings at the Office of Administrative Hearings and the Minnesota appellate courts.

Representative Cases

• We successfully obtained a decision from the Minnesota Court of Appeals related to sexual misconduct and the Board of Chiropractic Examiners.
• Represented the Board of Nursing and successfully obtained judgments on the merits at the Office of Administrative Hearings for sexual misconduct, prescription diversion, and substance use disorder Board cases.
• The Medical boards of two Midwestern states attempted to discipline a well-known surgeon as a result of alleged improper behavior. (The surgeon was licensed to practice in both states). We were able to convince one of the boards that the doctor’s conduct did not justify any disciplinary action. However, the other state insisted that his license be suspended. We tried the case for several days before an Administrative Law Judge and were able to convince the judge that there were no grounds to impose discipline on the physician. Our witnesses included numerous colleagues, patients and experts who all testified favorably on behalf of our client. Following the hearing, the surgeon was able to maintain his license in good standing; today he continues his successful practice.
• A general practitioner from a rural area received a Notice of Conference from the Minnesota Board of Medical Practice. The Board alleged that the physician’s prescribing practices for controlled substances and medical documentation failed to meet the minimum standards. The Board alleged that he had overprescribed narcotics. We were able to explain his treatment choices in a manner that alleviated the Board’s concerns. Following the conference, the Board dismissed its allegations, and the physician was permitted to continue practicing without restriction.
• The Board conducted an extensive investigation and eventually charged a prominent physician with several instances of improper examinations of patients. Our analysis revealed that the physician had done nothing wrong and that this was nothing more than a misunderstanding. Nonetheless, the Board insisted that the physician should be publicly disciplined. The case was tried for weeks before an Administrative Law Judge, who eventually found in our client’s favor. The doctor’s reputation was saved. He was allowed to continue in practice without suffering adverse publicity or any further negative repercussions.

Articles & Presentations 

“The BME Complaint Review Process: A Physician’s Guide,” Minnesota Physician, July 2018, co-authors David P. Bunde and Ruth Martinez, MA

Top 10 Tips for Practicing Before Health Licensing Boards, Hamline University Health Law Institute, January 29, 2014, co-presenters David P. Bunde and S. Jamal Faleel

Medical Board Investigations: What To Do When the Prosecutor, Judge, and Jury Are One and the Same, Health Law Webinar Series, April 14, 2010, speaker David P. Bunde

Negligent Credentialing After Larson v. Wasemiller: How Slippery a Slope?, 2008 Health Law Institute, June 13, 2008, speaker David P. Bunde

Negligent Credentialing, MAMSS, May 5, 2008, speaker David P. Bunde

“Reporting Malpractice Settlements and Verdicts to the Board of Medical Practice,” Minnesota Medicine, January 2003

Representing Professionals Before State Licensing Boards, HCBA Seminar, January 15, 2002, speaker David P. Bunde

Clinic: Board of Medical Practice/Board of Medical Examiners Issues, HCBA Seminar, April 17, 2001, speaker David P. Bunde

“Peer Review: Can the Board of Medical Practice Subpoena Your Files?,” Minnesota Medicine, November 2000, co-authors David P. Bunde, Lora Friedemann, Margo S. Struthers, Kari L. Wraspir, and Rebecca Egge Moos

“Physicians’ Reporting Obligations in Sexual Misconduct Cases” Minnesota Board of Medical Practice Update Newsletter, Spring 1996

“The Board of Medical Practice Improves Its Complaint Handling System” Minnesota Medicine, January 1995

Physician Reporting to the Board of Medical Practice, Fredrikson & Byron’s Health Law Focus, Spring 1994

New Law Authorizes Medical Board to Impose ‘Corrective Actions,’ Fredrikson & Byron’s Health Law Focus, Summer 1993

“TRIAGE: The Minnesota Medical Board’s New Complaint Process,” Minnesota Physician, July 1993

“Physician Prescribing Practices: Potential Pitfalls to Avoid,” Minnesota Medicine, December 1992

“The Board of Medical Practice and Its Disciplinary Process,” Minnesota Medicine, December 1991

Dealing with the Board of Medical Examiners and Minnesota PRO, Clinic Risk Management, Peer Review and Defense of Government Investigations: What to Do When Bad Things Happen to Good People, MMGMA Spring Seminar, April 19, 1991, speaker David P. Bunde

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