DOCTORS & PHYSICIANS CHARGED WITH DUI

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DOCTORS/PHYSICIANS FACING DUI CHARGES

CAN YOU HAVE A DUI AND STILL BE A DOCTOR OR PHYSICIAN?

The California Medical Board handles the disciple of any doctors or physicians in California. Business and Professions Code § 2229 mandates protection of the public be the highest priority for the Medical Board and the Administrative Law Judges of the Medical Quality Hearing Panel. Disciplinary actions should be geared toward rehabilitation of the doctor or physician in an effort to protect the public:

Manual of Model Disciplinary Orders and Disciplinary Guidelines:
http://www.mbc.ca.gov/enforcement/disciplinary_guide.pdf

DUI & Doctors

According to the guidelines, each matter is reviewed on a case-by-case basis. Pursuant to Business and Professions § 2236, the conviction of any offense substantially related to the qualifications, functions, and/or duties of a physician constitute unprofessional conduct which can be cause for disciplinary action. The Board reviews the records related to every conviction and considers the record of the conviction and also the underlying issues which led to the arrest and conviction of the doctor or physician.

If you are a doctor/physician facing DUI charges, and/or have been charged with some other crime, contact an experienced professional licensing defense attorney at Peter F. Iocona, Attorney at Law and The SoCal Law Network to assist you through this process. You do not want to attempt this on your own any more than you would suggest a patient to be their own doctor.

COMMON QUESTIONS PRESENTED BY DOCTORS/PHYSICIANS FACING DUI CHARGES REGARDING REQUIRED DISCLOSURES

The questions regarding what a doctor or physician is or is not required to disclose can be confusing. Many doctors believe they can go at this alone - do not be fooled. Contact an experienced DUI Professional Licensing Attorney immediately.

A conviction that does not appear to be substantially related to the qualifications, functions or duties of a physician, may later be revealed to be otherwise; thus leading to additional discipline. All information related to the criminal case is considered, such as when the arrest occurred; the circumstances surrounding the arrest; and any previous history of arrests or convictions along with the physician’s compliance with the court's terms and conditions.

Any and/or all of the following will automatically require disclosure:

  • The bringing of an indictment or information charging a felony against the licensee;
  • The conviction of the licensee, including any guilty verdict or plea of no contest to any misdemeanor or felony
  • The failure to make a report shall be a public offense punishable by a fine not to exceed $5,000.

Criminal Conviction Reporting Forms: http://www.mbc.ca.gov/Forms/Reporting/enf-802.pdf

Pursuant to Bus. & Prof. Code, § 802.1(a)(1)(B):

  • (B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.
  • (2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or information or of the conviction.
  • (b) Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars ($5,000).

If you are a doctor/physician facing DUI charges, and want to learn more about how to protect your medical license, contact Peter F. Iocona, Attorney at Law and the Professional Licensing Defense Attorneys of The SoCal Law Network. 

Failure to report to the Board carries a separate and distinct action independent of another action the Board may take and could lead to the issuance of a Citation which if sustained, will not only be published on the Boards Disciplinary Web Site, but also result in the issuance of a fine. The public notice of the citation links to a web-page that details the nature of your conviction even though the Citation is deemed to be a “Private” sanction.

While Doctors/Physicians facing DUI charges and/or other criminal charges face problems with the Medical Board, potential physicians undergo ever harsher scrutiny. A guilty, or no contest plea, for any misdemeanor or felony must be disclosed on any application for internships or residencies. Sometimes, even just the arrest triggers disclosure.

We make every endeavor to avoid a criminal conviction that could lead to a disciplinary action; but if that is not possible, we will guide you in the best way possible to mitigate any damage to your licensing and your livelihood.

If you are a doctor/physician facing DUI charges, and want to learn more about how to protect your California medical license, contact Peter F. Iocona, Attorney at Law and the Professional Licensing Defense Lawyers of The SoCal Law Network.

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