Are you a Doctor or Nurse with Criminal Charges?

If you are a Nurse, Doctor or other Health Care Professional who has been charged with a crime, you should consult with an experienced Attroney who will meet with you and discuss all aspects of your situation.

It is urgent that you retain a Medical Attorney to represent you throughout the criminal prosecution who is able to identify what needs to be done to lower the possibility of your Occupational License being suspended by the State Board.

Did you know that pleading guilty or being found guilty of certain crimes may impose a mandatory suspension of your Occupational License and put you in risk of losing your career? Because of this, it is important that you are informed of possible risks with accepting a guilty plea to certain charges, even if they sound appealing. By meeting with Attroney Paletta, you will be provided with the information you need to make the decision that's best for you.

Don't Just Get A Free Consultation, Get Educated! Call or E-Mail us now to schedule a time convenient to sit down and discuss your case.

412.391.7999

aimee@lawyerpaletta.com

D.U.I. and your Pennsylvania Medical/Nursing License

This blog is intended to inform doctors and nurses of the general implications of an arrest for the crime of Driving Under the Influence of Alcohol or Controlled Substances (DUI) on a Medical or Nursing License.  This is Attorney Joseph Paletta and the focus of my law practice is DUI defense and Medical and Nursing License defense, and you must know that the former always affects the latter to some degree.  You see, regardless of the outcome, the Pennsylvania Board of Medicine and Nursing requires you to notify the applicable Board of the DUI arrest.

Regarding the outcome of a DUI, if you have no criminal record, you will likely qualify for the pre-trial diversion program known as Accelerated Rehabilitative Disposition (ARD).  This program will permit the DUI charge to be resolved with no conviction, and your criminal record  expunged.  However, even if your prosecution is resolved by ARD, the Board of Nursing (BON) requires at least an alcohol evaluation by an approved evaluator such as the Gateway Rehabilitation Program.  If the result of that evaluation indicates an “impairment,” the BON may impose additional requirements on you to preserve your license.

If you do have a criminal record, you will likely not qualify for ARD, and the case will be resolved by a trial or plea.  Generally, a conviction of a Misdemeanor results in a five (5) year suspension of a Nursing License.  A conviction of a Felony like diversion (technically “acquisition or obtaining of possession of a controlled substance by … deception or subterfuge” 35 P.S. Section 780-113(a)(12)) will cause the suspension of a Nursing License for ten (10) years.

For more specific information about your situation, I strongly suggest that you contact my office for a consultation, and certainly before speaking to anyone from the BON or law enforcement.

Joseph A. Paletta, Esq. 

www.palettalaw.com

424 Frick Building

437 Grant Street

Pittsburgh, PA 

15219

412.391.7999

Newsleader special report...

Earlier in the month a special report (which I've listed the link to below) was done by newsleader.com discussing Virginia's laws for healthcare facilities reporting alleged theft or where there may be accusations of diversion.  Every state differs when it comes to law but this is a good read...

http://www.newsleader.com/story/news/special-reports/2014/12/05/addicted-nurses-employers/19907261/

Aimee
Attorney Paletta's Paralegal

412.391.7999

Medical License Defense

Medical Professionals Accused of Diversion?