Your criminal record can lead to disciplinary action, including suspension or revocation of your medical license, depending on the nature and severity of your offense.
Whether you’re applying for a medical license with a criminal record or defending it after a conviction, both your right to practice medicine and the potential impact on public safety will be thoroughly evaluated.
Medical license defense is important in overcoming these challenges and protecting your future in the field. A Texas medical license defense lawyer can help you obtain or retain your license, even after a conviction. Bertolino LLP understands the importance of your career and is here to support you through this process.
What Criminal History Must Be Reported?
When applying for or renewing a medical license in Texas, the Texas Medical Board (TMB) requires physicians to disclose any criminal convictions or deferred adjudications. Reporting this information is essential, regardless of how long ago the incident occurred.
A physician license defense lawyer can provide guidance on how to address these disclosures to protect your practice of medicine. Additionally, any pending investigations into your professional conduct by a licensing agency or healthcare entity must also be reported.
The TMB places no time limit on criminal history reporting, so any past conviction or deferred adjudication must be fully disclosed to avoid further complications, including potential criminal charges.
How Your Criminal History Can Impact Your Medical License
The TMB holds significant authority to enforce disciplinary actions under the Occupations Code. If you have a criminal history, the TMB may take the following actions regarding your medical license:
- Deny your license application
- Revoke or issue a license suspension
- Restrict or limit your license
Consulting a medical license defense lawyer can be essential in protecting your career and addressing any issues related to criminal history that may affect your ability to practice medicine.
How a Criminal Record Affects Your Medical License Application
If you have a criminal history and are applying for a medical license, the TMB offers the option to request an evaluation. This allows you to receive feedback on whether the board might issue a license. The TMB typically provides an opinion within 90 days after receiving all required information and fees.
The feedback is given in a Criminal History Evaluation Letter. While this opinion offers insight, it does not guarantee that a medical license will be granted or denied if you proceed with the full application. The licensing board ultimately retains the authority to decide whether to approve or deny the license based on the complete application review.
Consulting with a professional license defense attorney can be beneficial in navigating this process and understanding the implications of your criminal record on your medical license application.
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General Factors Relevant When Reviewing a Criminal History
When an applicant’s criminal history is reviewed, four key factors are usually considered:
- The seriousness and nature of the crime
- How the crime relates to the purpose of the license
- Whether granting the license could lead to similar offenses
- The impact of the crime on the applicant’s ability and suitability to perform professional duties
Our experienced attorneys are here to help you through the disciplinary process. We offer comprehensive legal services to support you in understanding how these factors may influence your licensing outcome.
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Specific Factors Considered for Each License Applicant
Licensed professionals with a criminal record must demonstrate personal responsibility and good character. Here’s what is typically evaluated:
- Steady employment history
- Financial support for dependents
- Consistent good conduct
- Payment of all costs and fees related to the conviction
These factors help assess an applicant’s suitability across a wide range of professions, reflecting their commitment to personal and professional growth.
What Happens to Your Medical License When You Get a DWI
A DWI conviction or arrest typically doesn’t result in an automatic suspension or revocation of your medical license by the Texas Medical Board (TMB), especially if it’s a misdemeanor without moral turpitude. However, substance abuse in medical practice is a significant concern and can trigger disciplinary proceedings.
The TMB may investigate to see if substance abuse affects your ability to perform medical duties. If they determine your skills are compromised by drugs or alcohol, disciplinary action could lead to the denial, suspension, or revocation of your medical license.
Consulting with experienced medical board attorneys is imperative if you’re facing a disciplinary proceeding related to a DWI or substance abuse to protect your career and medical practice.
What Can Be Done When a Medical License Is Denied Due to a Person’s Criminal History
If your medical license application is denied by the TMB due to a criminal history, you have the right to challenge this decision through an administrative proceeding. During this process, legal strategies can be developed to address the disciplinary issues at hand.
The findings from the administrative hearing are presented to the TMB for review. If the TMB upholds its decision and issues a final order denying your license, you can appeal the decision in a Travis County District Court.
With the right legal experience, you can effectively navigate this process and explore all possible avenues to obtain your medical license.
Why It Is Worth Challenging a Medical License Denial
Recent reviews by a Texas state representative’s office found that many license denials based on criminal records were vague, with the crimes often unrelated to the occupations for which the licenses were sought. For medical professionals, this can be particularly frustrating and unfair.
As a healthcare provider, it’s important to know that the law is increasingly supportive of helping qualified individuals with criminal records enter licensed professions. Licensing agencies are now required to provide clear and specific reasons when denying a license due to a criminal record.
Challenging a denial is worth considering, especially since these decisions can significantly impact your ability to work as a healthcare provider. By contesting the denial, you may protect your right to practice and avoid unnecessary criminal prosecution.
Changes in Texas Law are Favorable to License Applicants with Criminal Records
In Texas, many healthcare professionals have faced license denials due to criminal records that weren’t directly related to the field they were entering. Recognizing this issue, Texas has made changes to support individuals with criminal records who wish to pursue licensed professions.
The amended Texas criminal code now stops regulatory boards from denying a license based solely on deferred adjudication unless certain conditions apply. Boards must also consider each applicant’s unique circumstances and provide clear reasons for any license denial.
Factors that can favorably impact an applicant’s case include:
- Age at the time of the offense
- Time elapsed since the offense
- Evidence of rehabilitation
- Positive conduct since the offense
- Recommendation letters
These changes offer a more supportive path for healthcare professionals seeking to move forward in their careers.
How to Protect Your Medical License When You Have a Criminal Record
Transparency about your criminal record is critical for your medical license. Disclosing all investigations, convictions, and probation helps you present your case to the Texas Medical Board. Providing compelling, strategic information can address their concerns and show your suitability for licensure.
At Bertolino LLP, our medical license defense attorneys understand what the Texas Medical Board expects from applicants with criminal histories. We work with you to overcome the challenges posed by your past and help you secure or maintain your medical license.
If you’re facing issues related to your medical license, contact Bertolino LLP for a free consultation. We’re here to support your career and future.
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