Staying Compliant With The Rules Of Your Profession

Everyone who practices a profession requiring a state-issued license should reasonably be able to expect the agencies overseeing their professions to not lead them into a state of regulatory non-compliance. Unfortunately, this is not a safe assumption. As a general rule, regulatory violations will not be excused solely on the basis of having resulted from bad advice of a government representative. So, it is important not to take legal advice from anyone besides your lawyer.Confusion associated with the relatively recent requirement for reflexologists to be licensed by the Department of Health illustrates this point. Effective July 1, 2013, any person engaged in the practice of reflexology in Washington State is required to hold a license issued by the Secretary of Health. But, individuals who were educated in reflexology and who practiced reflexology for at least five-years prior to the July 1, 2013, were eligible for a waiver of the state reflexology examination, which is now part of the licensing process, if they applied by July 1, 2014. A number of Washington reflexologists who had been practicing for many years were not aware of the new licensing requirement when it came into effect. This is understandable, as they previously had no reason to be in contact with the Department of Health. As word of the requirement spread through their professional community, they began contacting the Department on their own. Department representatives told these professionals about the July 1, 2014, deadline to be “grandfathered-in,” without telling informing them of the prohibition on practicing without a license after July 1, 2013. Now, a number of well-credentialed and highly experienced reflexologists are being charged with unlicensed practiced, for the period between July 1, 2013, and July 1, 2014. This morass could potentially prevent many reflexologists from being able to obtain licenses that they would normally have no problem getting.I have represented clients in licensed professions and businesses as varied as real estate appraisers, naturopaths, dentists, nurses, car dealers, and massage therapists, who have all gotten into trouble, at least partially as a result of confusion caused by the state agencies that regulate them. I do not think that the departments intentionally led them astray. And many of the people who work in those departments are actually quite knowledgeable about regulatory compliance issues. But, only your lawyer has an ethical obligation to properly advise you on how to navigate such matters. If you are uncertain about any matter related to staying compliant with the rules of your profession, and especially if you have been contacted by the state regarding possible non-compliance, please contact an attorney who is familiar with this area of the law and who knows exactly what questions to ask.