A Brief Overview
Severe Weather Warning & Safe HARBR
If you have received a letter of complaint, are being investigated, or are going through a disciplinary process, you should should seek shelter now. Do not wait. Without SPECIAL intervention, things will not be okay. Things will not work themselves out. Innocence will not help you. The board will NOT be reasonable. They will be ruthless & tricky. Without EXTRA intervention, justice will not prevail. There is a thing called “Administrative Law. ” You are NOT prepared for it.
First Response & Outreach
When a licensee receives a letter of complaint or notice of an investigation or disciplinary action, it is essential they get sound advice immediately. Because licensees may have never heard of HARBR, HARBR attempts to reach out to licensees who have been newly implicated as soon as possible. We invite every healthcare professional to spread the word about HARBR so we can be known to professionals BEFORE they need us and so colleagues may help out colleagues in time of need.
Real-life Defense Primer: Do’s & Don’ts
HARBR can give you a set of “first-things-first,” “must-know,” lessons designed to assure you are best prepared to demand full justice when there are allegations against you.
Our Services Are Free All the Way
HARBR is mission-driven. We do not charge for our services. There are ways to help us grow financially, but if you are in trouble, don’t wait. We will not charge you.
Innocent? Guilty? We Don’t Care
HARBR’s mission is not to judge licensees who have allegations against them, but to see to it that licensees receive TRUE due process & are treated fairly in disciplinary procedures.
We are NOT the Government
HARBR has absolutely no affiliation with the government. We are presently taking a stand against injustices in board disciplinary procedures.
You are not alone and should not be alone. We have a large and growing network of physicians, psychologists, counselors, therapists, nurses, naturopaths, alternative providers, unlicensed providers, and other healthcare professionals who, one way or another, have had experiences with immensely difficult regulatory boards. Additionally, we network with other organizations who support us both in and out of state.
The members of HARBR have joined their massive libraries. We have a lot of resources and we have organized them. Before we organized, most of us did our own research and in hindsight, found that our information, materials and knowledge bases had categorizable utility. When you join with us, you’ll not need to start from scratch. We know statutes, administrative rules, codes of ethics for attorneys, case law, the Constitution, the Attorney General’s Model Rules, textbook lawyer’s tricks, how bills become law, and so on. You can be directed to websites, and sent material by email. HARBR’s resource acquisition is ongoing.
Our members have more experience in dealing with healthcare regulatory board disciplinary processes than any other source. Attorneys often bring a helpful, or even essential, skill set to proceedings, but without us, we have found that attorneys can only take us half way there and this is not enough. As you continue to read this site or speak with our members, you will find out why winning in these matters is an all or nothing proposition. We hope that in the future, entire careers won’t be on the line for even small or honest infractions. We have learned from pressure. In a disciplinary processes, the licensee is the only person with anything to lose. The state prosecutor has nothing to lose. Your attorney has nothing to lose, The judges, the board members, the board staff, witnesses … no one has anything to lose but the licensee. We’ve done our homework because we’ve had to. Please note our disclaimer in the footer.
Dealing with a board complaint or disciplinary process can be emotionally devastating. We can refer you to HARBR-trusted therapists who are both familiar with these matters and able to provide the extra privacy-assurances needed by licensees at these times. Broadly, many licensees who are subjected to board allegations experience a PTSD-like syndrome in any or all its manifestations. Increasingly recognized is something called Medical Malpractice Stress Syndrome (MMSS). Once associated with physicians and malpractice, the syndrome is now known to affect professionals in any healthcare field. Too, coming to light is the likelihood that facing a board disciplinary process is even more devastating that a malpractice suit in and of itself. Although some HARBR members are therapists, and members are free to make arrangements as they please, beyond referrals, our primary ambition is to provide effective “peer” support. See our disclaimer in the footer
Referral to Attorneys & Attorney Education
We know what to look for in attorneys and continue to expand our list of the better attorneys (both in and out of state) as part of our resource acquisition. Sadly, this has this list has been informed as much by bad experiences among our members as good ones. There are numerous ways in which attorneys can be less than effective. We want to help you find attorneys who are honest, smart, determined to win for you, and educated in the dynamics of board disciplinary processes. Many attorneys believe they know the real-time details of Administrative Law, but they don’t. This is why HARBR is willing to help you hone your attorney’s skills. It is best to face a disciplinary process with a good lawyer. Too many of our members in the past have had to choose between throwing good money away on a bad attorney and going pro se (self representation). We don’t want this to happen to you.
Judge Education & Amicus Briefs
HARBR has come to believe that many (or most) judges who hear cases in the Court of Appeals, are not fully aware of the dynamics of healthcare regulatory board disciplinary processes. As wise, experienced, and just as judges may be, we do not believe they are fully aware of what is at stake for the licensees or what licensees have faced before getting to the appellate stage. HARBR is working on an outreach campaign to judges so that good judges may deliver better opinions and verdicts. Much of this will be done by publishing articles on this site which are specifically aimed at educating judges about the disciplinary experience. We are also developing our ability to write timely “amicus briefs.” These are briefs sent to the court at the outset of appellate hearings. They are designed to provide helpful information by people who may have an interest in the case but are not directly involved in the case. When HARBR writes an “amicus” brief, HARBR would be writing as an amicus curiae (“friend of the court”).
Strategy & Responsivity
Although HARBR has organized to make things easier, disciplinary procedures can be quite complex. HARBR members help each other strategize when something new has arisen, when there is a change in the trajectory of a disciplinary matter, or when a licensee wishes to re-explore their options. Our members are educated, experienced, intelligent, and realistic. We do well when we work in concert.
Archives: Library Collective
Our archives are growing every day. We have a private library which consists of our collected written material (full text), reference lists, link sets, a history of our organization, cases, case histories, case precedents, legislative work, preserved communications, and other resources. Some of our material is specifically designed for the public, some is designed for special use, and some is considered “classified.” Not all material is available to the public. We protect sensitive information.
Your Financial Survival
If you are going through a board disciplinary process, the financial impact can be monumental. It can take a toll on you in the the short run, the mid-run, and/or the long run depending on how you play it. HARBR can help you make a plan to anticipate and minimize your cost.
Standing Against Conflicts of Interest
Although this is part of HARBR members’ role as activists, conflicts of interests confound the fairness of disciplinary processes at every turn. It needs to be addressed as it arises.
Some of the terms you will need to know are: administrative law, separation of powers, ex parte communication, trade restriction motivation, and regulatory capture.
Standing Against Bogus “Corrective Programs,” Corrective Deals, & PHPs
It started with medical boards, but increasingly other healthcare regulatory boards are adding mandatory assessments and treatment to their means of assaulting licensees. Often presented as an “alternative to discipline,” damage to the licensee is rarely if ever averted by the licensees’ “compliance.”
HARBR can help you find the witnesses you need to win your case. From within and without HARBR, we can help you get expert witnesses, fact witnesses, and character witnesses. Contrary to what might first come to mind, many of these witnesses can testify to the nature of the board, the nature of the board’s attorney and investigators, the behavior of the board staff, the nature of “corrective” programs, and so forth. You will need witnesses and they will need to present powerfully. Witness procurement, as with all things in HARBR is done lawfully. To do otherwise would undermine a case.
Group Talk via Listserv
We have an online communication group (listserv) which is for members only. You can be in contact with your colleagues 24/7. Communicate with the whole group or only those you choose.
Privacy & Vetting
Although HARBR encourages boldness, some members should choose to be “ghost” members for a time. We vet all members, but do so reasonably. We are protective of our members.
Responding to board assaults is not enough. HARBR finds that healthcare regulatory boards across the nation are fundamentally flawed. Some believe they are so flawed and mired in corruption that they cannot be repaired. It is HARBR’s mission to reform regulatory boards to the point that they serve their proper purpose and only their proper purpose. We have found no evidence to show that they actually protect the public. We have found no evidence to show that they hold healthcare professions to their highest standards. HARBR works with state legislators, like minded organizations, and the press via letters, email, phone, & face to face meetings. We help craft legislation, testify before legislative committees, and we monitor & investigate wrong-doings within regulatory boards. We affect administrative rulemaking and report illegal and unethical behaviors of board attorneys to state bar associations for investigation and discipline. We also present our concerns directly to the public via many venues.
Broadcasting of Your Side of the Story
Never without your express consent, we can broadcast your side of the story. Although it is different with different boards, most make their claims against you available to the public. It may be on their website. It may be in the press. The boards’ incriminating (and frequently libelous) side of the story is often searchable on the internet (Googleable). If boards choose, they can even optimize their side of the story on search engines (SEO). The boards are not interested in playing fair. They do not broadcast your side of the story anywhere. This, you must do yourself. If you do not, the boards will make a monster of you before everyone that matters. Secondary websites such as “Quack Watch,” and “Psych Crime” may reprint and circulate the boards’ side of the story. Friends, family, and colleagues may come to believe the boards’ allegations. Employers, future employers, professional organizations can also be influenced. We can publish and SEO your side of the story on this website, help you set up your own website, and discuss strategies by which you may meet with the press.
In short, HARBR membership is free for those going through disciplinary processes who are also willing to contribute to the larger cause (after their crises have been stabilized). See more in the membership section.