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Definition of Probated Suspension
In the working world, a suspension is a punishment handed down to licensed professionals who engage in misconduct of some sort. When a professional license is suspended, the licensee is no longer able to work in the same capacity. When the suspension is probated, however, the licensee can continue working under certain conditions. Probated suspensions are frequently issued against lawyers, dentists, doctors, insurance agents and other licensed professionals. Academic professionals may also receive probated suspensions.
A professional license holder typically receives a probated suspension for failing to follow required professional rules of conduct. A lawyer, for example, may be given a probated suspension if she fails to keep clients informed of case progress, refuses to return unearned fees if dismissed, makes false statements or engages in other inappropriate behavior. A licensed dental assistant, in contrast, is subject to suspension or probated suspension if he claims to be a dentist, acts negligently, abuses drugs or commits other unethical acts.
Probated suspensions are made public and can negatively impact the licensee's reputation even if she complies with all of the demands of the prorated suspension and gets her license fully restored. Probation requires that certain terms and conditions be met. Under a probated suspension, a lawyer might be required to seek additional legal training and education, keep the State Bar appraised of her current address, agree to undergo a psychological evaluation, pay restitution or comply with other mandates deemed necessary by the supervising board. Specific requirements vary based on the infraction which caused the suspension.
- State Bar of Texas: Punishment for Professional Misconduct
- Lubbock Avalanche-Journal: Review Finds Texas Dental Board Lax on Handing Down Discipline
- Houston Chronicle: 23 Texas Attorneys Disciplined
- Kentucky Legislature: 313.080 Grounds for Discipline or for Revocation or Suspension of License or Registration - Criminal Prosecution
Writing professionally since 2008, Michelle Miley specializes in home and garden topics but frequently pens career, style and marketing pieces. Her essays have been used on college entrance exams and she has more than 4,000 publishing credits. She holds an Associate of Applied Science in accounting, having graduated summa cum laude.
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