Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)

你的按摩执照吊销的后果(或者收到调查通知你放弃执照的后果)

By George F. Indest III, J.D.,M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

作者:林达思.乔治.佛州注册的健康卫生法方面的资深律师

Many massage therapists, when confronted with an investigation against their license, do not fight the charges, sometimes they decide it is cheaper and easier just to give up their license. Either choice is likely to be a mistake.

很多按摩师在面对他们的执照被调查时,不去反驳对他们的指控,而是选放弃执照并且认为这是一种合算的做法。然而这俩种选择是错误的.

A charge can be filed causing an investigation to be opened against a massage therapist by many different sources and often without any supporting evidence. If challenged and defended by an attorney with knowledge and experience in such matters, these investigations may often be dismissed with no disciplinary action against the massage therapist’s license.

任何不同的信息来源都可导致对按摩师进行调查,并且不需要提供任何证据,在此情况下,如果聘请有经验的律师帮你进行反驳对你的控诉,这些对你的指控很可能就会被撤销,并且不会对你的执照进行纪律处分.
Massage Therapists Often Go on to Obtain Licenses in Other Health Specialties.

按摩师通常会继续努力并获取其它健康卫生方面的执照。

A massage therapist often has to spend tens of thousands of dollars on school tuition and sacrifice a year or more of their lives to meet the basic criteria for licensing. In many cases this is merely a stepping stone for a later degree and license in another healthcare specialty, such as physical therapy, nursing, acupuncture, or chiropractic medicine.

按摩师通常需要花费上万元的学费,并且消耗很多的时间来获取执照. 在很多情况中, 按摩执照只是一个起步石,因为随后很多按摩师会继续努力去获得其它卫生方面的执照,例如物理治疗、护理、针灸、及正骨方面.
Your Professional Reputation and Your Personal Reputation Are Your Greatest Assets.

你的专业名声和你个人的名声是你最大的财富.

One of the maxims that the Romans took as truth was: “A good reputation is more valuable than money,” (attributed to Publilius Syrus approximately 100 B.C.). Socrates wrote in approximately 400 B.C.: “Regard your good name as the richest jewel you can possibly be possessed of.”

罗马有一句名言说:“好的名声比金钱还值钱"。在公元400年前,苏格拉底也曾说过类似的比喻:“好的名声是你拥有的最珍贵的珠宝。”

However, despite the fact that you may have worked hard, sacrificed and paid a fortune for an education and training in massage therapy, many are willing to sacrifice their personal reputation rather than paying a few thousand dollars to fight unjust charges against them. What they do not realize is the permanent black mark that will be placed on their record and the long term devastating consequences of any such action.

然而很多按摩师宁愿牺牲他们的个人名声而不愿花费几千元来请律师帮他们反驳对他们不公平的指控. 虽然他们曾经花费了昂贵的学费,并且非常勤奋的学习才获得了执照. 但他们没意识到的这个污点将会终生留在他们的记录中并且还会导致很严重的后果
Most Massage Therapists Do Not Defend Themselves When Confronted with Charges.

很多按摩师在遭遇指控时并不去反驳对他们的指控。

It is my opinion, based on what I have seen at Florida Board of Massage Therapy meetings and reviewing Florida Board of Massage Therapy meeting minutes, very few massage therapists, when confronted with an investigation or charges, hire an attorney to defend them. This may be because they do not have the financial resources or because they underestimate the harm that will be caused to their personal or professional reputations.

依我个人观点,根据我在佛州委员会会议上看到的,以及查看了佛州按摩会员会的纪录,在按摩师面对对他们的调查时,很少有按摩师聘请有经验的律师来帮助他们进行反驳,这也可能是因为经济的原因,或者他们低估了对他们名声损坏造成的后果

Regardless, in my personal opinion and experience:

不管怎样按照我的经验观点来看:

1. Few massage therapists return their election of rights (EOR) forms on time and therefore, a default is entered against them.

1.很少有按摩师在规定的时间内呈递了权利选择的表,因此,卫生局就会运用预先设定方案对他们进行处分.

2. Few massage therapists return their election of rights (EOR) forms to state they are contesting the facts and desire a formal hearing to contest the charges against them.

2很少有按摩师呈交权利选择的表,并且要求正式听证来对他们提出的指控进行反驳.

3. Few massage therapists even bother to show up at informal hearings involving their licenses.

3很少有按摩师在非正式听证会上出现,即使这是有关对他们执照的指控.

4. When they do, they show up at a hearing with a spouse or friend to represent them instead of an experienced attorney familiar with such matters (Q: If you needed brain surgery, would you have it performed by a spouse or friend instead of an experienced neurosurgeon?)

4即使他们在听证会上出现了,他们也是请来了他们的配偶或者是朋友来代替他们(问:如果你需要进行脑部手术,你是要你的配偶或者朋友来进行这个手术呢、还是请一个脑科专家来主刀?)

5. If they do retain an attorney to advise and represent them, they either go with the cheapest one they can find or go with one who has no experience at all before the Board of Massage Therapy. (Q: If you needed brain surgery, would you pay your family practice physician to perform it?)

5.即使他们聘请了律师,他们也是聘请一些较便宜的或者在按摩会员会方面无经验的律师来代表他们. (问:如果你需要脑部手术,你会聘请你的家庭医生来主刀吗?)

Your Best Line of Defense: Purchase Insurance with Professional License Defense Coverage

你辩护的最好防线是购买覆盖你执照辩护的保险

Often physicians and others concerned about liability issues ask our advice on asset protection in case they are sued. We advise them that their best way of protecting their assets is to purchase good insurance that will pay for a legal defense that protects them against unjust law suit. The same principle applies to massage therapists; except that massage therapy insurance is much, much cheaper, and the major liability that a massage therapist will face is usually from a complaint against his or her license.

通常是医生和其它专业人员在责任问题上向我们咨询有关财产保护的事宜. 我们会建议他们最好的保护财产的方法就是购买最好的保险,其中要包括对执照会法辩护的费用.这也同样适合于按摩执照. 并且按摩的保险相比之下非常便宜.按摩师面对的主要不利的因素就是对其执照的投诉.

If you purchase massage therapy liability insurance, you must make sure that it covers defense expenses of a complaint filed against your license. Many such policies do not. Additionally, you should be sure that it provides at least $25,000 in coverage for such matters. This

should be sufficient to provide adequate coverage in the event a fully contested formal hearing is required to defend you.

如果你购买了责任保险,你必须确保它覆盖了对你的执照进行指控的费用,很多保险单中比无此项,并且你要确定保险中提供了$25000的保险费用.这已经是够包括了对进行听证所需的费用.

We have seen many policies and they are as different as night and day in this coverage. When purchasing a professional liability policy, always ask about such coverage. Get the coverage stated in writing. To date, the only company we have experienced which is providing such coverage for massage therapists, and at an incredibly low price, is Healthcare Providers Service Organization (HPSO). Compare this with whatever you have now. If you know of others that provide this coverage, I would like to hear from you.

我们看到很多的保险单,他们覆盖面时刻在变的。当你购买个人保险单时,应该谨慎的询问保险公司这方面的事宜。并且确保他们要书面写出来。据我们所知,只有Healthcare providers Service Organization 提供此类覆盖章. 与你自己所持有的保险相比较一下,如果你知道其它的保险公司提供此类的覆盖,请告知我.

It has been my personal experience that a massage therapist will be 30 or 40 times more likely to need licensure defense coverage as ever to need defense against a civil lawsuit.

据我个人的经验,按摩师有30倍或40倍的需要 来购买有执照辩护费的保险来预防有可能对你的执照指控的民事诉讼.

Additional Consequences of Discipline on Your Massage Therapy License.

你的按摩执照受到处分的附加后果

There are many, many additional adverse consequences that you will experience if you receive discipline on (especially revocation of) your massage therapy license. First and foremost, this is on your record forever; it never comes off and cannot be expunged. Additionally, it will be reported to the National Practitioner Data Bank (NPDB) and available anywhere you go in the future in any state, to any licensing board. There are many others. I will detail these in a future blog.

你收到按摩执照处分时(尤其是吊销执照)会有一系例非常严重的后果.首先它将会永远留在你的档案中,另外还将会汇报到全国执业人员资料库中,并且不管将来你会到任何一个州,都会被调出,有关这方面的内容我会在其它的博客中详述。
Voluntary Relinquishment after Investigation Has Started Treated as Revocation, the “Death Sentence.”

在调查开始后做出好像要被吊销执照的决定,你选择自动放弃就等于”判死刑”。

Many massage therapists believe that the easy and cheap way out if a complaint is filed and an investigation is opened is to resign their license. This is treated the same as a disciplinary revocation and is reported that way. You should never expect to work in health care again or to have a health professional license in any other health specialty or in any other state.

很多按摩师相信最直接和最容易的办法取消指控就是把这个指控归于档案中,将调查公布于众,和撤销你的执照.这是与纪律处分一回事。你再也不要期望在任何州可以从事健康卫生行业的工作或者获取一个与健康卫生有关的执照了。
Burden of Proof Is on the State to Prove the Allegations Against You; You Don’t Have to Prove Anything

卫生厅里已掌握有大量的证据指控你,你什么也不必证明了。

If the state brings charges against your massage therapy license, the burden of proof is on the state, just as in a criminal investigation. You do not have to prove anything, and in most cases, you should never make any statement to an investigator or attorney representing the state department of health; these can only be used against you to prove the state’s case against you.

如果州里面指控你的按摩执照,那就说明他们已经掌握了足够的证据,这相当于刑事的调查.你什么也不必证明,在多数情况下你绝对不要向调查员或者代表州里面的律师陈述任何事情,这样只会让他们 以此来做为证据指控你。

You can remain silent, not say anything and not produce any evidence, and the state may not have enough witnesses or evidence to ever prove a case against you.

你要保持沉默,不要递交任何证据,州里面也许不会有充分的见证人或证据来指控你.

Most massage therapists, their non-lawyer representatives and their inexperienced lawyer representatives make a very big mistake. They advise the massage therapist to be interviewed or to make a statement “explaining themselves.” There is no criminal defense attorney worth his or her salt that would ever advise a criminal defendant to do this. Why then must they take leave of their senses and advise a health professional to do this in a “quasi-criminal” or “quasi-penal” investigation? This is almost always very bad advice.

对大多数的按摩师来讲,他们所聘请的非律师的代表人或者无经验的代表律师经常会犯一些大错误. 比如他们会建议按摩师去 接受采访或者要尽量为自己解释,这就好像没有刑事辩护律师会建议一个刑事被告犯去这样做, 因为这样做是毫无价值的。那末为什么他们要建议一个卫生专业人员(即按摩师)在同样类似"刑事犯罪"或者"类似刑事"调查中这样做吗?这是一个非常糟糕的建议。

Then, request a formal hearing and contest the facts. Don’t admit to them!

那么,要求正式听证,反驳指控,不要承认!

Conclusion: Defend Your Reputation and Your License.

总结:捍卫你的名声和执照

In conclusion, take precautions and defend your professional livelihood, your professional reputation and your professional license.

总之,采取强防措施,保护你的谋生的专业,你的专业名声,和你的专业执照。

This is Florida. We have hurricanes. If you have a house you own, you purchase insurance on it to protect yourself in the event of a hurricane.

这里是佛州。经常会有暴风。如果你有房子,那末相信你会购买房屋保险来保护你的房子以免遭受暴风的袭击。

Without your license, you will not have an income and you will not be able to even make house payments. Why wouldn’t you purchase professional insurance that would pay for a defense in the event of that worst case scenario, an investigation of your license. Why wouldn’t you defend yourself to the max if this happened? This will probably feel worse to you and have worse long-term implications to you financially than any hurricane.

没有了执照你就没有了收入,甚至不能支付家庭开销。为什么你不购买专业保险,因为 它可以覆盖对你的执照调查的辩诉费用,即使在最坏的情形中。如果事情发生了,你为什么不尽全力去辩护呢?这可能会令你感到无比的糟糕,

并且从经济方面来讲,可能造成非常坏的长期严重后果,甚至比暴风还要糟糕.

Stay tuned to this blog for more.

请经常留意我们的博客。

Don’t Wait Until It’s Too Late; Consult with an Experienced Health Law AttorneyEarly.

不要拖延,尽快咨询有经验的律师

Do not wait until action has been taken against you to consult with an experienced attorney in these matters. Few cases are won on appeal. It is much easier to win your case when there is proper time to prepare and you have requested a formal hearing so that you may actually dispute the facts being alleged against you.

不要等到对你制裁了才来找有经验的律师,在那种情况下,胜诉就不大了,如果你在合适的时间里,认真的准备正式的听证来反驳对你的指控,那么胜诉的机会就会大大提高。
The lawyers of The Health Law Firm are experienced in both formal and informal administrative hearings and in representing massage therapists in investigations and at Florida Board of Massage Therapy hearings. Call now or visit our website www.TheHealthLawFirm.com.

健康律师楼的律师们,在非正式和正式的听证上都有着丰富的经验 我们提供代表在被调查中的按摩师和佛州按摩听证会的服务,请打电话或者访问我们的网站www.TheHealthLaw Firm.com.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620

作者:林达思.乔治是佛州注册的卫生法方面的资深律师.  林律师是律师楼的董事长和合伙人。其执业范围遍布全美。总办会室在 Orlando, Florida, area.  我们的网站: www.TheHealthLawFirm.com  The Health Law Firm , 1101 Douglas Ave, Altamonte springs, FL32714, 电话(407)331-6620.

One thought on “Consequences of Having Your Massage Therapy License Revoked (Or Relinquishing it after Notice of an Investigation)

  1. Pingback: Suspended Florida Massage Therapists are Being Asked to Voluntarily Relinquish Their Licenses | Massage Therapy Law Blog

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