Why is it important for licensed medical professionals to choose a healthcare-oriented criminal law attorney for criminal matters?
Because virtually any criminal conviction could prevent a health care provider from practicing.
When charged with a crime, licensed healthcare professionals must defend their actions in two venues: before the criminal court and before the state licensing board for their respective profession.
But criminal defense attorneys who do not practice administrative law often plead criminal cases in such a way that it makes it difficult to avoid licensing action from the state and the professional’s licensing board.
There are two distinct areas of law that are applied during these proceedings: the relevant state penal Code and the Public Health Code. And many attorneys who only practice criminal law are not aware of the intricacies of the Public Health Code and the requirements imposed on licensed health professionals.
At Chapman Law Group, we’re different.
Our goal is to not only streamline this process, but to ensure that the criminal conviction is handled in such a way as to limit the impact on the client’s professional license. From the onset of your representation, our healthcare criminal defense lawyers consider the licensing ramification when developing a strategy and we aggressively represent you during criminal and administrative proceedings.
If you are served with a criminal complaint or federal indictment, you can anticipate that the Florida Department of Health (DOH) or the Michigan Department of Licensing and Regulatory Affairs (LARA) 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, general-practice 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. This is where a health care criminal defense attorney from Chapman Law Group makes all the difference.
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 healthcare licensing attorney will put together a plan to prove your character and fitness to the board.
It is imperative that, immediately after your arrest, you contact a skilled professional licensing attorney so that you can begin the steps necessary to mitigate the consequences and seek treatment, if necessary. Aggressive representation at the outset will improve your chances of receiving a more favorable result in both criminal court and before your respective board.
If you are a physician, pain management specialist, pharmacist, or other healthcare provider facing felony or misdemeanor charges, 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.
At Chapman Law Group, we not only have attorneys with 35 years’ experience representing health professionals across the U.S., we also have attorneys who are also licensed nurses and physicians with real-world practical knowledge. In addition, we have have assembled an extensive team of experts with knowledge in nearly every area of medicine — from board-certified pain management doctors to retired DEA drug diversion agents and private investigators.
If you are having licensing issues in conjunction with a criminal charge, you may contact our Florida health care attorneys and Michigan healthcare lawyers for a consultation on how we can represent you before your respective board (Board of Medicine, Board of Nursing, Board of Pharmacy, etc.).
Chapman Law Group is a national health care fraud and healthcare-based criminal law firm, with four offices to serve you:
Aggressive representation at the outset will improve your chances of receiving a more favorable result in both criminal court and before your respective board. Call us at Chapman Law Group and let us put our know-how in healthcare law and criminal law to work for you.
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