Oftentimes, licensed practitioners mistakenly believe that they are “innocent until proven guilty” and, as a result, they fail to take action to protect their professional license. That may hold some truth in a criminal court, but it does not necessarily ring true with the Texas Medical Board, Texas Board of Nursing, or other state licensing board. The recent medical license suspension of a Texas-based orthopedist serves as proof.
License Suspended Prior to Criminal Hearing
After being arrested on a domestic disturbance charge, the physician had his license suspended by the Texas Medical Board. The reason? He was deemed a “continuing threat to the public welfare,” despite the fact that his criminal charges are pending. In effect, the Board has already labeled him as “guilty.”
Release from Criminal Charges May Not Reinstate License
Even though the Board has stated that they are awaiting the outcome of his criminal case, the truth of the matter is that this physician may not have his license reinstated, even if he is released from all criminal charges, or has the charges reduced to a lesser offense. This is because, as far as the Board is concerned, the acts of domestic violence and other criminal charges are considered an act of moral turpitude by state licensing boards. Additionally, because they do not have the criminal standard or need for proof, beyond a reasonable doubt, state licensing boards can hand out a sanction, despite the outcome of a criminal case.
Licensing Suspension and Criminal Charges
The standard sanction for a criminal offense is a 90-day suspension of medical practice. This can be extended, however, if there are aggravating factors (i.e. violent offenses, previous offenses, etc.). And, once a suspension has been ordered, it can be extremely difficult to dispute it. For this reason, it is critical that all licensed professionals take criminal charges, and their likely effects on a professional license, seriously. Do not wait until matters get out of hand. Contact a skilled attorney immediately.
Criminal Charges Putting Your Professional License at Risk? Our Attorneys Can Help
If you have recently been arrested on criminal charges and fear your professional license may be at risk, Oscar San Miguel, Attorney at Law, can help. Backed by more than 20 years of medical-legal experience, he will work ensure your rights are protected during the investigation process and fight aggressively to protect your license. Get the legal representation you need and deserve. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.