Darrin Dest

Physician v. TMB

Physician was notified that he was under investigation for non-therapeutic prescribing of opioid pain medications and failure to register as a pain management clinic. Physician had been in talks with a pain management clinic to become their Medical Director. Negotiations stalled, but the physician had provided information, such as their DEA number, to the clinic as part of onboarding. The clinic proceeded to issue prescriptions under physician’s name and DEA number for months without his knowledge and without any physician oversight. Mr. Dest advocated for physician, demonstrated that the Physician had essentially been the victim of identity theft, and cleared his name and license before the TMB and DEA. The matter was dismissed at ISC.

Physician v. TMB

Physician, a plastic surgeon, received a Board complaint alleging that he had failed to place breast implants appropriately and then failed to offer and provide corrective surgery to fix his alleged mistake. The patient filed their complaint nearly a year after the procedure was completed, asking for corrective surgery. Mr. Dest was able to demonstrate that the surgery at issue had been done correctly and resulted in an acceptable outcome. Mr. Dest further showed through the patient’s signed informed consent documentation that a free revision was not warranted and that the patient was free to consult further with Physician, but that any additional work would be subject to a new agreement. The complaint was dismissed.

LPC v. BHEC

The LPC engaged in a sexual relationship with a former client in violation of BHEC rules. The BHEC’s disciplinary rules recommend revocation of an LPC’s license under such circumstances. Mr. Dest was able to establish many mitigating circumstances regarding the relationship and was able to highlight the remedial measures taken by the client and the client’s genuine remorse and acceptance of responsibility. The BHEC allowed the LPC to keep their license and remain in practice under probationary terms.

Nurse v. BON

The Nurse was one of several nurses responsible for caring for a home health patient. The patient’s health declined and they ultimately passed away. A complaint was filed with the Board of Nursing and all nurses involved in the patient’s care were charged with violations related to the patient’s care, including failing to report changes in the patient’s condition and failing to document appropriately. Several of the nurses involved signed public disciplinary orders. Mr. Dest was able to differentiate his client’s case, continued to fight the charges, and was able to resolve the matter with a confidential remedial order.

Nurse v. BON

The Nurse was employed as Director of Nursing in a long-term care facility. The facility faced a state audit that cited several deficiencies in individual nursing care. The Nurse was terminated and a complaint was filed with the Board of Nursing. The Nurse was charged by the Board of Nursing with failing to adequately perform her supervisory duties as Director of Nursing. Mr. Dest was able to demonstrate that the Nurse had supervised the unit appropriately and that the deficiencies cited were isolated incidences by individual nurses, resulting in dismissal of the investigation.

APPLICANT V. BLE

The client went to law school after a prior career in real estate and being licensed as a title agent. The client had lost her title insurance agent’s license due to her alleged involvement in a fraudulent scheme involving newly built homes. Based on the alleged fraud and surrender of the client’s title agent’s license, the Board of Law Examiners made a preliminary determination that the client lacked good moral character and fitness. The client’s case proceeded to a character and fitness hearing where we successfully showed the client had not been a part of the fraudulent scheme. The Board members found the client possessed good moral character and they were admitted as an attorney.