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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
Driving under the influence of alcohol or drugs in the State of Nevada is a serious matter. The collateral consequences for doctors charged with DUI are even direr because of the potential effect an arrest for DUI/DUID can have on a physician’s professional license. A physician licensed in Nevada does not have to report minor traffic violations. A frequent question that is posed to my Firm is whether a DUI/DUID is considered a minor traffic violation and consequently does not need to be reported to the Nevada Board of Medical Examiners or the Nevada Board of Osteopathic Medicine. The answer is NO.
Although you do not have to report minor traffic violations, a DUI, drug DUI, or similar types of crimes involving the impaired operation of a motor vehicle, are not considered minor traffic violations. Reporting such crimes will not necessarily impair your ability to receive or maintain your Nevada medical license, but you must report them.
Nevada Revised Statutes 630.301 through 630.3065 set out the general laws regarding conduct by a physician constituting grounds for the Board of Medical Examiners to initiate disciplinary action or to deny licensure. Nevada Revised Statutes sets forth issues of criminal offenses; disciplinary action was taken by other jurisdiction; surrender of the previous license while under investigation; malpractice; engaging in sexual activity with the patient; disruptive behavior; violating or exploiting the trust of the patient for financial or personal gain; failure to offer appropriate care with the intent to positively influence financial well-being; engaging in disreputable conduct; engaging in sexual contact with the surrogate of patient or relatives of the patient.
A conviction or arrest for DUI is generally not substantially related to the qualifications, functions, and duties of a physician, but a disciplinary panel can conclude that such an arrest constitutes unprofessional conduct as a ground for discipline. Arrests for DUI by physicians reflect poorly on the profession and consequently, it can be deemed unprofessional conduct and subject a doctor to disciplinary action.
It is important to note that any sanction imposed upon a physician by the Board may be in addition to any other criminal or civil penalty the physician faces. In other words, as a licensed professional you are subject to “double discipline” which translates to discipline by the State for the criminal case, and discipline by the Board for the arrest or conviction.
It is in your interest to report a DUI or DUID to the Nevada Board of Medical Examiners or the Nevada Board of Osteopathic Medicine. Failure to report an arrest or conviction for a DUI/DUID can subject a physician to revocation of his or her license. Written disclosure to the Board’s enforcement division is what is necessary to satisfy the reporting requirement, and the disclosure must be made swiftly after your arrest. In other words, do not wait until your criminal matter has been adjudicated and is dismissed or a judgment of conviction is entered, you should report the arrest to the Board’s enforcement division soon after your arrest. It is also important to note that employers and hospitals may have DUI/DUID reporting requirements in addition to those that are imposed by the Board.
Failure to follow those procedures can result in disciplinary action taken by your employer and the employer is likely to report disciplinary action to the Board who can open an investigation on this basis. Make sure you are in compliance with your employer’s reporting requirements. Each hospital has its own rules and regulations, we can help navigate the rules at different hospitals and medical executive committees.
If you have questions concerning reporting requirements it is important to contact an experienced administrative law attorney who handles matters before licensing boards. At the Spartacus Law Firm, we have the experience you need to minimize the harsh consequences of being arrested for a criminal offense. Our goal at the Spartacus Law Firm would be a closure of the file with no disciplinary action, which is the best outcome.
When a physician gets arrested for a DUI/DUID the Board’s initial concern is the mental health of the physician and his or her fitness to practice medicine. Common disciplinary action for a DUI/DUID can include:
If you have been arrested for a DUI/DUID or any criminal offense it is imperative to consult with an experienced DUI attorney who also has experience in representing physicians before the Nevada Board of Medical Examiners and the Nevada Board of Osteopathic Medicine.
Probably not. However, this does not guarantee that the Nevada Board of Medical Examiners or the Nevada Board of Osteopathic Medicine will allow you to become a physician. Each case is unique and the Board looks at each individual case and does not have a unitary disciplinary policy. Many factors are taken into consideration when an applicant with a DUI/DUID conviction applies for licensure. It is important to consult with a knowledgeable professional license defense attorney to craft an appropriate strategy to respond to any potential concerns regarding licensure by the Board. Get the right help to deal with this serious issue, contact the Spartacus Law Firm today.
Please do not attempt to handle your licensing matter yourself or retain an attorney that does not understand the intricacies and nuances of the professional licensing boards. Your lawyer must be able to contemplate the effect a criminal plea can have on your medical license. For example, many attorneys are not aware that a plea of no contest is the same as a guilty plea in the eyes of the Board.
As a courtesy, I am enclosing a chart that has probable disciplinary actions for offenses and convictions. This is provided only for general information and guidance purposes, every case is unique and disciplinary outcomes can vary from case to case.