Losing your physician’s license rarely begins with complete revocation unless the claims against you are very serious, and most importantly, credible. Instead, the disciplinary process usually starts with action less severe. For example, a routine audit, a letter requesting some basic information, a probationary period, or possibly suspension. In fact, the information that the
Nevada Board of Medical Examiners asks for might not even be directly about you. There are scenarios where you may only be a witness in an ongoing investigation of a colleague’s or company’s conduct. All too often, witnesses or parties close to the incident end up becoming the targets of investigations themselves. Alternatively, you might be facing disciplinary action against your medical license because of:
- Alleged ethical violations
- Medical malpractice
- Alleged breaches of the standard of care
- Healthcare fraud charges or convictions
- Criminal charges
- Legal problems in other jurisdictions
- Probation violations
- Financial matters
- Previous suspension of your license
- Medical disciplinary proceedings
A Nevada physician license defense attorney can help you explore all options when it comes to your defense. The Spartacus Law Firm’s mission is to aggressively defend professional licenses, end investigations, mitigate consequences, and spare your reputation and career from catastrophe.
When doctors,
nurses,
pharmacists, and other medical professionals in Nevada receive a license to practice medicine in the state, they take an oath to follow the regulations and guidelines that the state of Nevada has in place. These laws help to protect patients from medical malpractice injuries and other unethical practices from medical professionals that the public trusts to keep them safe. The rules outlining physician and physician assistant discipline and guidelines are embodied within chapter 630 of the Nevada Revised Statutes.
When a medical professional receives criminal charges or harmful accusations from patients, colleagues, or employers, they run the risk of disciplinary action by the Board. If allegations are made the Board will review the case and determine if it is necessary to suspend, revoke, or place limitations and conditions on your medical license to practice. The following scenarios may bring your medical licensing into question.
All physicians must be licensed before practicing in Nevada. In addition to meeting the basic educational requirements (M.D. or D.O.) from an accredited medical school and passing a licensing exam, new applicants must also be fingerprinted and submit to a criminal background check. However, after complying with all required prerequisites, the Nevada State Board of Medical Examiners still has the authority to deny a medical license if the applicant previously engaged in unethical behavior. For example, if a physician license applicant was charged with a DUI in their past, that could be grounds for denying a license. In addition to traditional medical professionals, the Board also has jurisdiction over other groups of allied health professionals such as:
- Athletic Trainers
- Naturopathic Doctors
- Nuclear Medicine Technologist
- Perfusionists
- Physician Assistants
- Polysomnographers
- Radiation Therapists
- Radiographers
- Radiologist Assistants
- Respiratory Care Practitioners
Each of these allied health professions have unique training, licensing, and ethical standards that they must uphold. If you have any questions about the laws and regulations applicable to your particular field, it’s recommended that you seek advice from a Las Vegas physician license defense attorney. The Spartacus Law Firm can advise you on whether you may run into issues with the Nevada Board of Medical Examiners and how to best approach the licensing process.
Driving Under The Influence (DUI) Charges
One of the most common license questions amongst medical professionals is, “can I be a doctor with a DUI?” Nevada law states that physicians must report a DUI charge to the Nevada Board of Medical Examiners. Hiding a DUI or failing to identify this charge in a timely manner can result in license denial or revocation. After learning the facts and circumstances of your DUI charge, the Board will determine the appropriate penalties as it relates to your career and license. Depending on the severity of the offense as well as your openness to report the charge, a doctor may be directed to seek help and pursue recovery which if completed, will allow them to continue practicing.
If you are a physician facing a DUI conviction or some other allegation of substance abuse, you’ll likely also be burdened with legal penalties such as fines, prison time, or mandatory recovery treatment. These requirements are on top of your license being at risk for suspension or revocation. If you’ve found yourself in a similar position, having an experienced Las Vegas doctor license defense attorney by your side in the legal courtroom and administrative hearing settings is critical for retaining your career and your integrity.
It’s common for cases to involve a physician losing their license due to substance abuse. Examples of this include being arrested for a DUI, diverting medications at work, appearing or being intoxicated at work, and many other instances where substance abuse affects their work. At the Spartacus Law Firm, our mission is to aggressively fight to keep your physician license by deploying an air-tight defense strategy with the best chance of success.
Before you agree to any possible settlement or resolution of your case with the Nevada Board of Medical Examiners, it’s recommended that you have a physician defense lawyer to assist you in the process. Believe it or not, there are many terms and conditions of a possible settlement with the Board that is negotiable. However, without the assistance of an experienced professional license attorney, you may not fully understand all of the possibilities and scenarios in your case. We can help you find all possible areas for negotiation with the Board, and tirelessly work to improve them.
Federal HIPAA violations are privacy laws and institutional policies that address patient privacy rights. Doctors and other healthcare professionals accused of violating these rights can potentially face legal issues that could involve adverse employment actions, civil lawsuits, disciplinary action from the Nevada Board of Medical Examiners or even criminal charges. Some typical scenarios involve when a physician inappropriately accesses and/or discloses personally identifiable health information. All physicians should be ever vigilant to know and understand privacy policies for caring for high profile patient cases, celebrities or co-workers as patients, or any type of patient case.