Criminal Charges Can Place Your Medical License at Risk
As a physician, you are held to a higher standard, and you are expected to act professionally in both your professional and personal life. Of course, you are only human and are bound to make mistakes, just like everyone else. Unfortunately, if you make one that leads to criminal charges, it could place more than just your reputation at risk; it might also impact the status of your Illinois medical license.
Criminal Charges and Moral Turpitude
Moral turpitude is defined as any action that could be deemed contrary to society’s view of justice, honesty, or morality. Generally, it is the state’s medical board that decides what qualifies as moral turpitude for its physicians. Unfortunately, that can leave a lot of room for error. There are a few criminal charges that frequently result in an investigation or adverse licensing action for physicians, however. These include:
- Driving under the influence (DUI),
- Assault or battery,
- Sexual assault,
- Unlawful possession of a controlled substance,
- Fraud (including tax fraud),
- Possession of an unlicensed firearm,
- Criminal trespassing,
- Most felonies, and
- Several misdemeanor offenses.
It is important to understand that any criminal charge – even ones that seem completely unrelated to your profession – can result in an adverse licensing action you. In fact, state licensing boards have been known to use accusations of moral turpitude to overreach their powers. Further, they can take immediate, and sometimes extreme action against you.
Adverse Licensing Actions May Be Immediate
Your Constitutional rights deem you “innocent until proven guilty” and protect your right to due process within the criminal justice system. The disciplinary process for the Illinois Medical Board is different; they can suspend your license, even before an investigation has taken place. What is worse, having your criminal charges may not lift the suspension. Instead, you may be hit with a minimum suspension period, which prohibits you from practicing medicine until you can have your license reinstated. Thankfully, there are steps you can take to avoid such a fate.
Protecting Your Medical License
Facing criminal charges and potential disciplinary action can be stressful, but you do not have to do it alone. Instead, you can find an advocate willing to protect your rights and your license. Just remember to act quickly, preferably before the medical board catches wind of your charges. Schedule a consultation with our Illinois medical license defense lawyer. Call The Law Offices of Joseph J. Bogdan, Inc. at 630-310-1267 today.
Sources:
http://journalofethics.ama-assn.org/2011/10/pfor1-1110.html
http://ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1309&ChapAct=225%C2%A0ILCS%C2%A060/&ChapterID=24&ChapterName=PROFESSIONS+AND+OCCUPATIONS&ActName=Medical+Practice+Act+of+1987