Regardless of your position, the truth is that anyone can find themselves in legal trouble. Just like anyone, doctors can get into domestic violence situations, nurses can be accused of stealing prescription medications, lawyers are no strangers to DUIs, and an accountant could be arrested for theft. These situations are serious for anyone, but in addition to possible jail time and other criminal consequences, licensed professionals also need to worry about the negative impact on their careers.
If you have questions about what you need to disclose to a Pennsylvania licensing board or are concerned about the impact an arrest will have on your license, call Pennsylvania professional license defense lawyer Michael Fienman at (215) 839-9529 to schedule a consultation.
Mandatory Reporting Requirements for Licensed Professionals
When a licensed professional is charged with a crime, one of their first concerns is, “Will this affect my license?” In Pennsylvania, the answer depends on the nature of the charge and the specific licensing board’s regulations.
Under 40 P.S. § 1303.903, physicians are required to report specific legal matters within 60 days to the State Board of Medicine or the State Board of Osteopathic Medicine. This includes:
- Complaints in a medical professional liability action (including docket number and allegations).
- Disciplinary actions by other state licensing authorities.
- Sentencing for offenses under the Osteopathic Medical Practice Act or the Medical Practice Act of 1985.
- An arrest for the following offenses in Pennsylvania or another state:
- Criminal homicide (18 Pa.C.S. Ch. 25)
- Aggravated assault (18 Pa.C.S. § 2702)
- Sexual offenses (18 Pa.C.S. Ch. 31)
- Violations of The Controlled Substance, Drug, Device, and Cosmetic Act
Other Licensed Professionals
While 40 P.S. § 1303.903 explicitly outlines reporting requirements for physicians, other professionals are subject to similar obligations. For example:
- Nurses must report pending criminal charges and convictions within 30 days to the Pennsylvania Board of Nursing.
- Attorneys must disclose felonies and offenses related to fraud, dishonesty, or moral turpitude to the Pennsylvania Disciplinary Board.
- Financial professionals may need to report fraud or theft charges to regulatory bodies such as the Pennsylvania Department of Banking and Securities.
Failing to report charges as required can result in disciplinary action that may be more severe than the original offense. It is always best to consult with an experienced license defense attorney before making any disclosures to your licensing board.
***Please note that this is not meant to be a comprehensive list and is subject to change depending on the particular licensing agency. If you are facing charges, you should consult an attorney with criminal licensure defense experience.***
The Importance of Proper Legal Representation
Licensed professionals in Pennsylvania often make the mistake of believing that their licensing board will provide leniency in difficult situations. However, licensing boards are regulatory bodies, not advocacy groups. They are responsible for maintaining professional standards and public trust, which means they are likely to take swift disciplinary action when legal issues arise.
A knowledgeable professional license defense attorney can:
- Advise you on whether disclosure is necessary and how to report it properly.
- Defend you in criminal proceedings while mitigating the impact on your license.
- Represent you before your licensing board in disciplinary hearings.
- Help negotiate outcomes that protect your ability to continue practicing.
Many professionals attempt to navigate the disciplinary process alone, often saying too much and unintentionally incriminating themselves. Licensing board investigations do not follow traditional court rules, and seemingly harmless statements can be used against you.
Contact Fienman Defense
Not every attorney is equipped to handle the complexities of the defending you in criminal court as well as in front of an administrative panel, convened to determine the fate of your career. It takes a skilled attorney with an in-depth knowledge of how both operate and what it takes to secure a positive outcome.
When you’re charged with a crime, your professional credentials are also at stake, so nothing should be left to chance. With an impressive track record for defending various licensed professionals across Pennsylvania and New Jersey, attorney Michael Fienman knows how these state regulatory agencies operate, what they consider, and how to present your case to the panel that will adjudicate your case. We’ll begin by getting to know you, every detail of the issues affecting your license, and will zealously pursue an outcome that keeps your career and reputation intact.
Call Fienman Defense at (215) 839-9529 and personally discuss your situation with a dedicated Pennsylvania professional license defense attorney.
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