How to Help Protect Your Medical or Nursing License Following a DUI

1. 1. Retain an Attorney Experienced In Both DUIs and Professional Licensing

First, do not under any circumstances contact the relevant interventional program. Contrary to the mission statement of the relevant state programs, they are not there to help you and guide you. Their job is to protect the public! Of course this is a very subjective mission and open to aggressive interpretation. Uninformed co-workers or supervisors may encourage you to call HPRP, PRN, IPN or OPHP. Resist the temptation! Your first call after being charged with a DUI should be to an attorney, preferably an attorney that practices both criminal defense and professional licensing. If you have already retained an attorney to handle the DUI, we can work with your DUI attorney to make sure statements are not made in court or in pleadings that harm your case with the licensing boards. Please do not try to handle the licensing aspect by yourself or with someone who does not have experience with the professional boards. All too often we receive calls from health providers who were encouraged by a criminal defense attorney to plead no contest to a DUI, and now they are facing disciplinary action by the board. Unfortunately, some criminal defense attorneys simply do not know that a no contest plea is viewed by the boards as similar to a guilty plea. Some criminal defense attorneys fail to consider the licensing ramifications when advising clients on a DUI, or it’s simply outside their scope of representation. Therefore, you need an attorney who has experience and can handle both DUIs and professional licensing to ensure that your DUI is handled in a manner that will minimize licensing action.

1. 2. Evaluation Options

Second, our attorneys will work with you to obtain support that you do not have a substance abuse problem and that you would not benefit from treatment or monitoring. HPRP, IPN, PRN and OPHP are not the only programs in town. We will work with you to select a Ph.D. or MD/DO who specializes in substance dependency/addiction. The selected professional will conduct a detailed assessment including 1 or 2 clinical sessions and the administration of the MMPI 2-RF and often the SASE inventory. This process is superior to the HPRP, IPN, and PRN intake/evaluation process and provides a strong background for the necessary recommendations to the Board that:

a) this was an isolated situation,
b) you are safe to practice,
c) you would not benefit from a period of monitoring, and
d) you do not need active supervision.

Please use caution if you decide to obtain your own evaluation from a provider not approved by our attorneys. Certain providers, under certain circumstances, may be required to report licensed professionals to the State if they find that the licensed professional is impaired. We strongly encourage licensed professionals to contact our attorneys for assistance in obtaining an evaluation. Our attorneys will ensure that that provider has the proper credentials and affiliations, applies the correct testing methods, and provides a report containing certain information that will assist in reporting and/or disciplinary action following a DUI.

1. 3. Reporting Options

Third, we will work with you to report the conviction and prepare the necessary pleadings to argue your case before the relevant Board or Administrative Law Judge. In all cases, the Board’s concern is that you are safe to practice and that you are not impaired. Therefore, if step two reveals that you are impaired, we will work with you to obtain the best resolution possible. This may include working with HPRP, IPN, PRN or OPHP to obtain the right monitoring agreement. However, the decision to call HPRP, IPN, PRN or OPHP should not be made without proper legal advice. If you have a dependency or impairment problem, the interventional programs are there to help; if you do not have a dependency/impairment problem, the interventional programs are a nightmare and need to be avoided at all costs.