Professional License Defense and DSHS

Professional License Defense and DSHS - Part 1

Does DSHS Use Its Charging Authority In A Selective Manner?

The Department of Social and Health Services does not license professionals. However, DSHS does charge individuals with abuse and neglect. If DSHS makes a finding, it will place professionals on a registry that will indefinitely prevent them from working with vulnerable adults, among others. Further, once a finding by DSHS has been made, and your name placed on the registry, the department that does license you will take action to take your license away.

Sacrificing the Caregivers

DSHS conspires with agencies to keep facilities for vulnerable adults open while sacrificing caregivers. The big picture is one of agencies hiring new immigrants or recruiting workers from overseas to work in group homes or nursing homes and then using them as scapegoats, with the complicity of the State of Washington, when any problems arise. These workers often speak English as a second language and make under $20 an hour in semi-skilled positions. The facilities are licensed, as are these health care workers, who are generally LPN’s or CNA’s.If there is a problem then the facilities blame the workers. The State readily accepts that the workers are at fault. DSHS will put the worker on a registry that prevents them from ever working again with “vulnerable” people and the licensing body, usually the Department of Health, takes the worker’s license away. The workers, who are new to the country and have limited financial means, are largely powerless to prevent the State from taking action against them and permanently deprive them of the ability to work as caregivers. If the worker does try to contest the action, then the full power of the State is brought down on them: charges are inflated, arguably frivolous motions are filed, licenses are delayed renewal without a statutory basis, and other tactics used to erode whatever resources the worker has and wear them down in the face of the charges. At the same time the agencies are left largely unpunished and allowed to continue hiring and discarding minority immigrants as cheap labor in their facilities.Many professionals must be licensed through a state agency that also regulates their activities. These agencies, such as the Department of Financial Institutions or Department of Licensing, wield significant power in their ability to discipline those who are subject to their jurisdiction. Seeking justice through the courts can be difficult as courts are required to give significant respect to an agency’s interpretation of the rules and regulations that it creates or enforces.

Your Livelihood - Your Rights

Don’t allow the State to scapegoat you and take your license without a fight. The attorneys at Rosenberg Law Group, PLLC have substantial experience successfully defending licensees against charges from DSHS and the agencies that regulate and license them. We know that your livelihood is often threatened by the charges promulgated by agencies that often have little practical experience in the industries they regulate. We understand the many avenues available to challenge an agency’s findings that can lead to a negotiated settlement or vindication of our clients.

We offer  a free consultation.

Do you have questions or need more information?  Contact our Seattle attorneys today.