Midvale, UT asked in Business Formation, Business Law and Gov & Administrative Law for Utah

Q: Wondering if starting a website geared to provide information about state boards and their licensing processes is legal?

I am about to launch a website that will help Physician Assistants and Nurse Practitioners get the information they need/want to help with the medical license processes. I have been working at a medical staffing firm for a while and I have some great inside knowledge about these processes, but I don't want to break any laws by sharing each state boards' licensing processes and some helpful tips and tricks. Also, if possible, I'd like to share people at these state boards who have been particularly helpful. Mainly, I want to provide a venue for these professionals to get good information about how to navigate the complexities of the licensing world and talk about the issues they've had.

Just want to make sure if sharing this type of information is legal.

2 Lawyer Answers

Wesley Winsor

Answered
  • Saint George, UT
  • Licensed in Utah

A: Hi,

I like what you are doing. If your question is whether or not you are committing some sort of crime by posting information regarding how to get licensed, the answer is no. Even if your information is false, there is no crime to publishing false information although it would be highly unethical. There is no criminal liability, but there could be civil liability. Meaning someone might be able to sue you for posting what a company might determine is "confidential" or a "trade secret" or you voluntarily accepted an obligation not to disclose.

The main questions to consider are these:

1. Are you under some non-disclosure agreement that would prohibit you from commercializing the knowledge you have gained at the staffing company?

2. When you obtained the information and insights you received did you do so under a non-disclosure?

Since we are talking about state regulated processes it is highly unlikely that you would have any liability whatsoever, but without knowing all the facts, it would be premature to say there is none.

I hope this helps.

Timur Akpinar

Answered

A: If you plan to quote or reference the statements made by the people you mention, it would be good to obtain their permission in writing.

Tim Akpinar

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