Brian R. Good focuses his practice on assisting physicians, nurses, dentists, pharmacists, physical therapists and other licensed professionals before their state boards and in courts of law.  He has successfully defended licensed professionals during board investigations, disciplinary hearings, appeals of adverse board actions and criminal prosecutions. 

Mr. Good handles all types of board cases, including, but not limited to, cases involving allegations of standard of care violations, drug diversion, documentation errors and deficiencies, sexual misconduct, alcohol and drug addiction, improper or illegal prescription of controlled substances (including self-prescribing and prescribing to family members), as well as grievances based upon a criminal conviction.  He also assists professionals with application issues, including reinstatement of a surrendered or revoked license and modification or termination of a board order. 

BOARD INVESTIGATIONS

If you are a doctor, nurse, pharmacist, dentist, physical therapist or other licensed professional, it is imperative that you retain an attorney at the outset of a board investigation.  Mr. Good assists clients during board investigations in several ways.  He deals directly with board attorneys and investigators, handling all correspondence and communication with them for his clients.  He also obtains and evaluates the evidence against his clients, assesses the strengths and weaknesses of the evidence, collects important documents that may be vital to mounting a defense and attempts to ward off formal board complaints by negotiating favorable resolutions for clients during the investigative stage.  

A case will be resolved during the investigative stage, or at any other stage, only if the client believes it is in his or her best interest after a thorough vetting of the case, during which Mr. Good weighs the evidence and explores every possible defense. 

There are several advantages to resolving a case during the investigative stage before a formal board complaint is filed.  First, demonstrated flaws in the allegations, certain defenses or mitigating circumstances can sometimes result in the complete dismissal of a grievance.  Second, clients will expend less money on legal fees and expert witnesses.  Third, licensed professionals can avoid the common costs of reimbursing a state board for its costs of successfully prosecuting a case (including reimbursement for expert consultants and compensation for hearing officers)  Fourth, a speedy resolution can facilitate employment opportunities for clients who cannot obtain employment while under investigation or formal board complaint. 

While a speedy resolution is important for any client, nurses are at particular disadvantage while under investigation. Unlike most other boards, the Kentucky Board of Nursing uses its website to flag a nurse who is under investigation.  Potential employers commonly check this website before making hiring decisions.  Often, a potential employer will not hire a nurse who is under investigation.  As nurses who have been through the process know, investigations can last for months before an investigator is formally assigned to the case or any movement occurs at all.   Mr. Good has been successful in speeding up the process for his clients and resolving their cases favorably so they can move on with their personal and professional lives.

FORMAL BOARD COMPLAINTS & DISCIPLINARY HEARINGS

Of course, there are cases that simply cannot be resolved during the investigative stage.  Moreover, in many instances, a physician, nurse, pharmacist, dentist, physical therapist or other licensed professional who is the subject of a board investigation fails to retain an attorney until after a formal board complaint already had been filed.  Mr. Good is also experienced at joining a case in midstream.  In such cases, Mr. Good has conducted licensing board hearings that have resulted in the reinstatement of privileges previously suspended or restricted pursuant to a board complaint or emergency order.

Upon the filing of a board complaint, Mr. Good files formal, written responses to each allegation, coordinates with the hearing officer to formulate a discovery schedule, attends all pre-hearing conferences, files appropriate pre-hearing motions, subpoenas all necessary documents and assists clients in securing expert witnesses.  His goal is to be well prepared to defend and vindicate his clients during the disciplinary hearing.  Mr. Good also has negotiated favorable resolutions prior to the disciplinary hearing.

Again, in order to maximize the benefits of legal representation, you should contact a lawyer immediately upon learning that you are under investigation and especially before you make any statements -- verbal or written -- to board investigators.

APPEALS

Mr. Good has appealed adverse board findings to a court of law that have been overturned.  This appeals process includes drafting and filing legal documents that detail the facts and law requiring reversal of the board ruling.  He also drafts, files and argues motions for temporary injunctions in order to prevent the board from enforcing license restrictions while the appeal is pending.  In 2007, Mr. Good argued a case to the Kentucky Court of Appeals in which he convinced the court to reverse a lower court ruling in an opinion to be published in legal periodicals. 

It is important to remember that appeals are governed by strict filing deadlines.  Failure to file an appeal in a timely manner may result in losing the right to appeal. 

APPLICATION ISSUES

Mr. Good assists physicians and other licensed professionals with a variety of application issues, including: (1) reinstatement of professional licenses after revocation or surrender, (2) reinstatement of lost privileges, such as the ability to prescribe controlled substances, (3) securing temporary or permanent licenses when the client is licensed in another state or country, and (4) termination of agreed orders.  

In order to petition a board successfully for reinstatement of a license or privilege, it is imperative that a physician or other professional take heed of certain board approved actions.  Examples of such requisite behavior include the enrollment and completion of particular courses, evaluation by board approved examiners, and participation with board affiliated entities, such as the Kentucky Physicians Health Foundation, KARE program and/or the Well-Being Committee. 

Mr. Good walks his clients through the appropriate steps relating to his or her particular application issue.  He compiles and submits the appropriate documentation for the request in a clear and concise fashion and appears with clients before the board when the matter is considered.

MEDICARE, MEDICAID AND INSURANCE

Often, a physician or other professional returning to the practice of medicine after a license suspension or revocation of his or her license has been lifted is denied participation in government programs, such as Medicare and Medicaid.  They also face insurance denials.  Mr. Good appeals denials for professionals facing exclusion from participation in such government programs and insurance plans.

CRIMINAL DEFENSE

As a former state and county prosecutor, Mr. Good has extensive experience in handling all levels of misdemeanor and felony offenses . He has tried murder cases, as well as prosecuted and defended cases involving illegal possession and distribution of drugs, forged prescriptions, armed robbery, theft, assaults, DUI and an abundance of other crimes. 

During his tenure as a prosecutor, Mr. Good also prosecuted gang members and juveniles who qualified for adult prosecution due to serious crimes of violence or the use of a firearm during the commission of an offense.

Mr. Good's experience with criminal matters is especially beneficial to clients with professional licenses who are facing board action and/or criminal prosecution.  He has the background and knowledge to represent clients on both matters and understands the consequences a criminal conviction can have on a professional license.

A LEGAL TEAM

As his firm profile demonstrates, L. Chad Elder also is a former prosecutor and served as legal counsel for the Kentucky Board of Medical Licensure from 2002 through 2007.  During Mr. Elder's tenure with the medical board, he and Mr. Good litigated medical board cases against each other.  In January 2007, Mr. Elder left the medical board and joined Mr. Good in representing physicians and other licensed professionals before their state boards and in courts of law.  Together, they offer clients the experience, skill and perspective of both sides of a board action.

Mr. Good was born in Oceanside, New York.  He received his BA from Binghamton University and his law degree from the Washington & Lee University School of Law.  He resides in Louisville with his wife and three children.