There is perhaps no profession more trusted than the medical profession. We trust doctors to take care of our medical needs and we rely on their judgment. For this reason, it is especially concerning when a member of the medical profession is accused of committing a crime. Whether it is something as minor as theft or as major as a DUI or violent crime, no one wants to think they are placing their lives in the hands of a convicted criminal. This is why doctors convicted of certain offenses can not only suffer legal repercussions, but they can also lose their license to practice medicine. Not everyone accused of a crime is guilty, but if you are a doctor facing criminal charges, it can be especially worrisome. The first question most medical professionals ask after being charged with a crime is: can I lose my medical license if I am convicted? The short answer is “yes,” but it is more complicated than that. This article analyzes the circumstances under which a doctor can have their medical license revoked pursuant to felony conviction.
Who is Responsible for Revoking Medical Licenses for Convicted Felons?
Before discussing whether a doctor’s license will be revoked, it is important to understand who would revoke it. Some people assume that in a criminal case the state of Nebraska or agency filing criminal charges, would be the one to revoke it, but that is not the case. Rather, the Nebraska Department of Health and Human Services (DHHS) decides whether to revoke a doctor’s license. The DHHS has its own statutes and bylaws that determine whether revocation is appropriate. This decision depends on a variety of factors separate from the criminal proceedings.
Under What Grounds Can a Doctor Lose Their License?
Even a charge levied against a medical professional can be enough for DHHS to take action against the accused doctor. The DHHS takes criminal accusations seriously, as they want to protect the public by ensuring that only the most trustworthy individuals can practice medicine. Nebraska Revised Statute 38-178 lays out the criteria for what charges can lead to a doctor losing their license. These include:
- Active Addiction: If the DHHS finds that a doctor is addicted to drugs or alcohol, this can lead to them losing their license. This is especially true if the individual has been convicted of a DWI, DUI, or other drug-related offense. Reporting an addiction and entering a rehab program sooner rather than later can be a mark in favor of maintaining or regaining one’s license.
- Conviction of a Misdemeanor or Felony Under State or Federal Law: Conviction for any crime, even a misdemeanor, can be grounds for license revocation. This is true even if the doctor was convicted of a crime outside the State of Nebraska. Conviction of a crime in any state which would have constituted a felony or misdemeanor in Nebraska can be grounds for disciplinary measures against the license holder.
- Distribution of Controlled Substances: Doctors convicted of writing unnecessary prescriptions for themselves, family, or friends, can have their license suspended or revoked. Other examples of unlawful distribution include providing alcohol to minors and distributing pharmaceuticals for recreational purposes.
- Immoral or Dishonorable Conduct: If the DHHS finds that a doctor engaged in grossly immoral or dishonorable conduct, it may revoke that doctor’s license, even if the doctor was not convicted of a crime. The Nebraska legislature defines grossly immoral or dishonorable conduct as “conduct that shows that a person guilty of it either is intellectually or morally incompetent to practice the profession or morally incompetent to practice the profession or has committed an act or acts of a nature likely to jeopardize the interest of the public.”
All these examples are violations of Nebraska state law. A doctor may also lose their medical license if they are convicted of a federal crime. Federal law is very vague when it comes to determining when a doctor can have their license suspended. Even the Supreme Court and ACLU have expressed concern with the wording. Federal law states that one can lose their license if they:
- Commit any action the state licensing board deems “unprofessional,” even if it is not criminal; or
- Perform any act involving moral turpitude or dishonesty or corruption that relates to their profession.
Can a Doctor Get Their License Back if Convicted of a Felony in Nebraska?
It depends. If the DHHS suspends a doctor’s license, it can be reinstated after a certain period, or upon completion of certain criteria. For example, completion of a rehabilitation program if the crime was related to drugs or alcohol. A doctor may also have their license permanently revoked. If the DHHS revokes their license, they may apply to the DHHS for reinstatement. However, the DHHS may deny any application for reinstatement if the applicant has committed any of the acts set out in Nebraska Revised Statute 38-178.
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How Can a Criminal Defense Lawyer Help Protect Doctors Facing Possible License Revocation?
Considering that even the accusation of having committed a crime can endanger a doctor’s license, contacting an attorney immediately could have a major impact on the harm caused by the accusation. A lawyer well versed in criminal law and medical licensing issues can help doctors mount the best possible defense against criminal charges while also helping them protect their license. The attorneys at Berry Law have experience representing doctors accused of crimes and helping them maintain their licenses. If you are a doctor or medical professional who has been accused of a crime or is facing a license revocation, contact us today.
