Doctor DUI Charges In Nevada

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.