Criminal Charges for Healthcare Professionals

In Pennsylvania, the State Board of Medicine and other regulatory bodies treat allegations against medical professionals with utmost seriousness.

Even without a conviction, accusations such as driving under the influence (DUI), fraud, domestic violence, sexual misconduct, or professional negligence can lead to license suspension or revocation, mandatory participation in rehabilitation programs, fines and penalties, and significant damage to one’s professional reputation.

Offenses That Lead to Medical License Disciplinary Action

  • Driving Under the Influence (DUI): A DUI charge or conviction can have severe repercussions for medical professionals. Beyond legal penalties, it can result in disciplinary actions from licensing boards, including suspension or revocation of your medical license. It’s crucial to address both the criminal charges and potential professional consequences promptly.
  • Fraud: Engaging in fraudulent activities, such as inflating service costs or submitting false billing information, can lead to legal penalties and administrative discipline, including the possible loss of your medical license.
  • Sexual Misconduct: Any form of sexual impropriety with patients or colleagues not only tarnishes your reputation but can also result in criminal charges, fines, imprisonment, and the revocation of your license to practice medicine.
  • Substance Abuse Issues: Suspected drug use or alcohol abuse, whether at home or work, can lead to reports to the State Board. Consequences may include fines, license suspension, probation, or mandatory treatment before reinstatement of your medical license is considered.
  • Improper Issuance of Prescriptions: Prescribing medications without a legitimate medical reason or in inappropriate dosages violates medical laws and can jeopardize your license.

These offenses are among the most common reasons for medical professionals to face license suspension, revocation and other disciplinary measures. If you’re under investigation for violating state medical codes, medical laws, or criminal laws, it’s imperative to consult with a defense attorney experienced in medical board disciplinary proceedings to protect your rights and career.

Pennsylvania Medical Board Administrative Discipline

The State Board of Medicine holds the authority to license medical practitioners and enforce disciplinary actions when necessary. Its responsibilities include investigating complaints, conducting hearings, and imposing sanctions to uphold the integrity of the medical profession.

Regardless of your medical specialty, our attorneys are adept at defending professionals against potential license suspension or revocation, as well as any criminal charges that may expose you to penalties such as fines, probation, or imprisonment. We provide effective representation for various medical practitioners, including:

  • Family doctors
  • Surgeons
  • Physical therapists
  • Pain management specialists
  • Anesthesiologists
  • Gynecologists
  • Obstetricians
  • Respiratory therapists
  • Chiropractors
  • Pediatricians
  • Medical residents
  • Medical trainees

The Disciplinary Process for Medical Professionals

Investigation

In general, the Pennsylvania Bureau of Professional and Occupational Affairs is the organization within the state’s government that initiates a professional medical license investigation after the filing of a complaint against a licensed medical professional has occurred.

Negotiation

Once a complete investigation has taken place, if the Bureau feels that your case warrants further investigation, you may have the opportunity to negotiate with the Bureau for a negotiated sanction. However, it’s important that you have an experienced medical license defense attorney with you during such a negotiation.

Order to Show Cause

If the Bureau files charges against you, an Order to Show Cause will be issued. This sets forth the allegations you are facing. A Hearing Examiner will then be assigned to take motions, conduct a hearing, and determine the outcome of your case with a decision and order.

The Administrative Hearing Process

Administrative hearings involving the evaluation of professional licenses are governed by the Administrative Agency Law and the General Rules of Administrative Practice and Procedure. The medical license defense lawyer representing you must be involved in the process of obtaining the necessary evidence and documents the prosecutor intends to use at the hearing as evidence.

The discovery process at your hearing will be limited in nature, therefore requiring your defense attorney to be proactive to the point of requesting a pre-hearing conference to obtain the required documents. 

Defense Preparation

After an Order to Show Cause has been issued in your case, your medical license defense lawyer must show the Bureau prosecutor that you and your team are ready to litigate and defend your case. The higher the level of preparation you demonstrate to the prosecutor, the better opportunity you may have to obtain a more favorable settlement regarding the status of your medical license. 

Consent Decree

You may be familiar with how a negotiated settlement works in civil court. In the same way, a consent decree generally involves an admission of guilt on your part with a reduction in the level of disciplinary action taken against you. In some instances, you may be able to avoid the loss of your medical license in exchange for a consent decree. In this situation, it is important to have a skilled and experienced medical license defense attorney conducting any negotiations on your behalf.

Consent decrees may be either privately or publicly available. If the decree is available publicly, hospitals, insurance companies, and third parties will likely be able to view the decree through the National Practitioner Data Bank.

During various stages of your administrative hearing, our team at Fienman Defense will take all measures possible to fight for the long-term preservation of your medical license and career.

Consequences for Doctors & Licensed Medical Professionals

Facing disciplinary action from the Pennsylvania State Board of Medicine can have profound and lasting effects on any doctor or healthcare professional’s career and personal life. Understanding these potential consequences is crucial:

Medical License Suspension or Revocation

The Board may suspend or permanently revoke a medical license, depending on the severity of the misconduct. This action prohibits the individual from practicing medicine within the state, effectively halting their medical career.

Reinstatement of a revoked license is often challenging and may require extensive legal proceedings and evidence of rehabilitation.

Fines & Penalties

Monetary fines can be imposed as part of disciplinary measures. These financial penalties vary based on the nature and gravity of the offense and are intended to serve as a deterrent against future violations.

Mandatory Rehab or Education Programs

In cases involving substance abuse or deficiencies in professional skills, the Board may mandate participation in rehabilitation programs or additional educational courses. Compliance with these requirements is often necessary for the reinstatement of a suspended license and to demonstrate a commitment to professional improvement.

Negative Impact on Employment & Reputation

Disciplinary actions can lead to job loss and create significant obstacles in securing future employment within the medical field. Moreover, such actions can tarnish a professional’s reputation, leading to a loss of trust among patients, colleagues, and the broader medical community.

Navigating the disciplinary process requires a thorough understanding of the Board’s procedures and potential repercussions. Engaging with experienced Pennsylvania medical board defense attorney can provide essential guidance and representation throughout this challenging period.

Call Fienman Defense at (215) 987-4302 for a free and confidential discussion about your case.

Advocacy & Success Defending Medical Professionals in Philadelphia 

Attorney Michael H. Fienman brings extensive experience in both criminal defense and administrative law, offering a comprehensive strategy to safeguard your medical license and reputation.

Comprehensive Legal Representation for Healthcare Professionals 

  • Defense Against Criminal Charges: We provide robust defense strategies for medical professionals facing criminal allegations, ensuring your rights are protected throughout the legal process.
  • Personalized Approach: Recognizing that each case is unique, we develop strategies tailored to your specific circumstances and professional background.
  • Proactive Mitigation: We take proactive steps to address potential issues before they escalate, aiming to reduce or eliminate penalties.
  • Negotiation of Settlements: When appropriate, we negotiate consent decrees or settlements to resolve matters efficiently while minimizing impact on your career.
  • Administrative Hearing Representation: Our team represents you in proceedings before the Pennsylvania State Board of Medicine, advocating on your behalf to prevent or mitigate disciplinary actions.
  • License Reinstatement & Appeals: If your license has been suspended or revoked, we assist in navigating the complex reinstatement process and handle appeals to restore your ability to practice.

Further Reading: Medical License Protection

For more insights into defending your Pennsylvania medical license, consider the following resources:

Act Now to Defend Your Career

Facing criminal charges or disciplinary actions can be daunting if you’re a healthcare professional, but you don’t have to navigate this challenging time alone. With Fienman Defense, you gain a dedicated criminal defense attorney and highly experienced medical license defense lawyer committed to preserving your license.

Call Fienman Defense at (215) 278-4430 for a free and confidential consultation with a local, Philadelphia physician license defense attorney.

Medical License Defense: FAQs 

What should I do if contacted by a Pennsylvania State Board of Medicine investigator?

If approached by an investigator from the Pennsylvania State Board of Medicine, it’s crucial to consult with an attorney before providing any information. Statements made can be used in disciplinary proceedings. An attorney experienced in medical license defense can guide you on responding appropriately and safeguarding your rights.

Can I continue practicing medicine during an investigation in Pennsylvania?

Whether you can continue practicing during an investigation depends on the specifics of your case and the policies of the Pennsylvania State Board of Medicine. Some situations may lead to interim suspensions, while others might allow you to practice with certain restrictions.

How does self-reporting a criminal charge affect my medical license in PA?

Many licensing boards require self-reporting of criminal charges within a specific timeframe. Failure to report can result in additional disciplinary actions. However, self-reporting must be handled carefully to avoid self-incrimination.

Can I still face board discipline if my criminal charges are dismissed?

Yes, you can still face disciplinary action from the licensing board even if your criminal charges are dismissed. Licensing boards operate under administrative law, which has a lower standard of proof than criminal law. They can impose sanctions based on their own investigations and findings.

How does the PA State Board of Medicine define unprofessional conduct?

Unprofessional conduct may include violations such as fraud, negligence, substance abuse, criminal convictions, and ethical breaches. Specific definitions and examples are outlined in the Board’s regulations. Understanding these standards is crucial to maintaining compliance.

What is the role of the Disciplinary Monitoring Unit in Pennsylvania?

The Disciplinary Monitoring Unit (DMU) ensures that licensees comply with the probationary terms and conditions imposed by the licensing board. They may refer licensees to appropriate treatment and provide structured monitoring to ensure safe practice.

How can I verify if a Pennsylvania medical professional has faced disciplinary action?

You can search for a professional’s license and any associated disciplinary actions through the Pennsylvania Licensing System (PALS) database. This resource provides up-to-date information on license status and disciplinary history.

Contact an Experienced Pennsylvania Medical License Defense Lawyer

If you’re facing charges that could result in the loss of your medical license, you need to know that you have rights that must be protected. Regardless of the allegations against you, our team at Fienman Defense realizes how hard you have worked to obtain your medical license, and we will defend you in any type of criminal or administrative proceeding that threatens the standing of your medical license and future.

Get the legal representation you need at this crucial time. Contact us today at (215) 987-4302 to set up a case review.

Professional License Defense

Client Reviews

Experience was excellent, Mike answered any and all questions I had and handled everything. Made me feel like I got my money's worth, an experienced attorney who is good at his job.

Danile D.