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TexLaw
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Can I retire my massage license after receiving notice of disciplinary

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Can I retire my massage license after receiving notice of disciplinary action, without further ramifications? I am a massage therapist in Tennessee who was audited by the massage board this year. I have been denied a waiver of my continuing education hours by the Board for the 2009/2010 cycle even though I completed college courses and the rules state that they may be used as continuing education without prior approval. I was also in financial distress at the time, but did not apply for the waiver under this provision, seeing as how I had always intended to use my college courses as continuing education.
I followed the advisement of the board and did what I was told, when I was told. I received my denial letter on the 17th of November and immediately started contacting attorney's but none have experience with my situation. Many have not returned my calls. I don't believe that I have been heard or treated with fairness. There is no appeals process provided by the board.

I do not know how to proceed and I do not like that. I would like to fight this decision as I do not want a disciplinary action to remain on my record and I knew the rules and proceeded accordingly.

If you have any advice or could advise me of an attorney who could help me, I would greatly appreciate it.
Submitted: 2 years ago.
Category: Employment Law
Expert:  TexLaw replied 2 years ago.
Hi,

Thank you for your question.

While there is a procedure to appeal the decision, I'm not certain that this would be the best course of action for you to take.

First of all, I take from what you are saying that the board has simply denied your request to treat college courses as continuing education. Did the board revoke your license or simply instruct you to obtain the necessary CE hours?

Also, you stated that you want to "retire" your license. What do you mean exactly?

I look forward to hearing back from you.
Customer: replied 2 years ago.

You can retire a license, which basically states you're not practicing. It prevents you from being required to obtain CE's while you're retired, but when/if reinstated, you must take CE's to become current. I'm not sure, as I can find no information on this subject, if it would prevent my license from being revoked, suspended due to the disciplinary action being taken against me.

 

The board has not yet revoked or suspended my license, this will happen after 30 days -- the time I was given to pay the fines and admit guilt which I do not want to do. The disciplinary action/penalty remains on your license "forever" and as I am pursing graduate studies soon, I do not want this prevent me from going into another health career.

Expert:  TexLaw replied 2 years ago.
If you retire your license at this point in the middle of a disciplinary proceeding, this will not prevent a finding against you unless you specifically enter into an agreement with the board. This would essentially be like a plea bargain. In essence, you want to contact the board and tell them that in lieu of obtaining the required CE hours and paying the fine, you wish to retire your license at this time and will catch up on the CE prior to reinstating the license at a later date. If they agree to this, get the agreement in writing.

If you are having problems paying the fine and for CE, then appealing the order is not likely a viable alternative for you, as this requires filing a lawsuit in court and asking for judicial review. Since this is an administrative law issue, it may be very difficult to handle without an attorney and I would not recommend attempting to do so. Further, the filing fees on such a lawsuit in Tennessee are $209.50 by themselves.

Customer: replied 2 years ago.

Thank you. That lets me know where to go next. I appreciate it.

Expert:  TexLaw replied 2 years ago.
You are welcome. Please remember to rate my services positively so that I can be paid by the website for my work on this question.

-ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4258
Experience: Contracts, Wrongful termination and discrimination
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