When charged with a crime, physicians, nurses and other licensed medical professionals must defend their actions twice: in criminal court and before the Michigan and/or Florida licensing board for their respective profession. That’s because almost all criminal issues directly affect their professional license, even if the charge is unrelated to their practice.
Unfortunately, criminal defense attorneys who do not practice administrative law often plead criminal cases in such a way that makes it difficult to avoid licensing actions. They are not aware of the intricacies of the Public Health Code and the requirements imposed on licensed health professionals.
But we at Chapman Law Group are different.
Because our attorneys handle both criminal and administrative law in the health care field, we know the collateral consequences a criminal conviction brings. From the onset of your representation, we consider all licensing ramifications when developing a strategy, and we will represent you aggressively during criminal and administrative proceedings.
There are four reasons why, immediately after your arrest, you should contact a skilled professional licensing attorney:
If you have been served with a criminal complaint or federal indictment, you can anticipate that the state, the Department of Health (Florida) or the Department of Licensing and Regulatory Affairs (Michigan) will investigate whether you have violated the Public Health Code.
Common criminal complaints include:
If you are facing felony or misdemeanor charges related to alcohol or substance abuse, you may be subject to a summary suspension or emergency suspension — which immediately prevents you from practicing.
In the event of a felony conviction, your license will probably be immediately suspended. If you receive an alcohol-related misdemeanor conviction, you may also face an immediate suspension.
A guilty plea is the strongest form of proof under the law. When you plead to a criminal offense, you are prevented from arguing differently in a subsequent administrative proceeding. In Michigan and Florida, the Administrative Code allows for mandatory suspension of a health professional’s license for felony convictions and certain misdemeanors.
Before accepting an offer or entering a plea of guilty, it is imperative that you are advised on the collateral consequences of your plea and its effect on your professional license. All too often, criminal attorneys do not appreciate the consequences of a guilty plea, and clients are forced to accept a less-than-desirable outcome at an administrative proceeding. But an experienced licensing attorney can advise you on which misdemeanor pleas are less likely to result in suspension of your license.
In Michigan and Florida, a licensed health care professional is required to report a criminal conviction to the relevant board (Board of Medicine, Board of Nursing, etc.) within 30 days. In some professions, the professional must update his/her online profile within 15 days.
If the licensing board believes your criminal conviction has the potential to affect your ability to practice your profession, they may impose sanctions up to and including license revocation.
That’s why it is crucial for your report of conviction to put you in the best light possible, showing the board you can still safely and skillfully practice your profession. An experienced professional licensing attorney will put together a plan to prove your character and fitness to the board.
If you are facing felony or misdemeanor charges in Michigan and Florida, it is imperative you seek the advice of an attorney who can navigate both the criminal and administrative courts — to get you the best possible result that will protect your freedom and livelihood. Aggressive representation at the outset will improve your chances of receiving a more favorable result in both criminal court and before your respective board.
At Chapman Law Group, not only do we have attorneys with 35 years’ experience representing health professionals, we also have lawyers who are also licensed nurses and physicians with real-world practical knowledge. For more than three decades, we have provided top legal service for licensed healthcare professionals across the U.S.
Our offices are in Detroit, Michigan; Miami and Sarasota, Florida; and Los Angeles/Southern California. Call us at Chapman Law Group and let us put our know-how in healthcare law and criminal law to work for you.
Our Florida criminal defense attorneys provided consistent witness testimony to show the aide did not steal $12,000 in cash from her patient.
Our Florida regulatory and healthcare licensing lawyers successfully argued that a registered nurse/ advanced nurse practitioner, having been convicted only of reckless driving, should not be subject to a Florida Department of Health (DOH) investigation.
We were able to quickly gather enough favorable testimony and evidence supporting the RN’s case regarding his reasons for refusing the drug screen, and evidence of diversion was actually just a documentation error.
Our RN client was able to explain the high-usage Pyxis report due to his position as a charge nurse and preceptor in the ICU, and there was no evidence of drug use.
If your Florida medical, nursing, dentist’s, chiropractor’s, pharmacy, or other healthcare license is suspended or revoked, that doesn’t mean you can’t get it reinstated.
For Michigan licensed healthcare providers, not reporting a criminal conviction will lead to penalties, fines, license probation, even full license revocation.
For physicians, nurses, pharmacists and other healthcare providers, turning to local general criminal lawyers is a mistake for a criminal matter that could lead to loss of license. A Michigan dentist was fortunate enough to not go that route.
Failure to report can lead to probation or suspended/revoked license. Having a lawyer prepare your report could mean avoiding/reducing fines and sanctions.
How to Protect Your Nursing, Physician or Professional License When Convicted of a DUI or DWI A DUI does not need to be a career-ending
Remember relinquishing a professional license is forever! You agree to never apply again! Therefore, never agree to relinquish your license until you speak with a
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