THE COLATERAL CONSEQUENCE OF ANY CRIMINAL CONVICTION ON A PROFESSIONAL LICENSE IS PROFOUND. HARD WORK IN SCHOOL AND LICENSING EXAMS COULD BE WASTED. YOUR FUTURE EARNING CAPACITY AND LIVELIHOOD COULD BE AFFECTED
These cases begin with a call or meeting with either a local police detective or investigator for the respective state licensing board. Sometimes you may receive a letter asking for you or your family member to contact the investigator.
Thereafter, all investigators' patterns of approaching the licensee are the same:
1)Calling for an informal conversation.
2) Appearing at your home, late in the day.
3) Seeking a non-confrontational conversation.
4) If any admissions are secured, then the investigator suggests the Board will be in contact and that you should retain counsel.
5) If the target either denies the allegations or fabricates a story, an obstruction charge is added, this conduct is a separate basis for the pending disciplinary action.
At Hark & Hark we preemptively advise all clients that if they are contacted by any investigating authority to identify Richard Q. Hark, Esquire as counsel, do not talk, and ask for a meeting at more convenient time. We then immediately contact the investigator to stop any direct contact with you, the subject of the investigation.
We then extensively interview you, the client, timely respond to all investigative queries, determine if pre-arrest cooperation is in the best interest, coordinate any imminent surrender, and timely respond to the emergent administrative licensure filings. Choosing appropriate and experienced counsel is paramount.
BELOW IS A GENERAL LIST OF THE PENNSYLVANIA PROFESSIONS, THE CORRESPONDING GOVERNING BOARD LINK, AND THE DISCIPLINARY SECTION THAT DEFINES THE CONDUCT THAT MAY RESULT IN A LICENSE SUSPENSION ACTION
Physician:
License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other drug felony or any misdemeanor relating to a health profession. 63 P.S. Sections 422.22, 422.41.
Medical Disciplinary Process and Procedures
Complaints
Within the Physician Group, there are many types of Doctors, including, Dentists, Pharmacists, Chiropractors, and Osteopaths.
Dentist: Here the same standard of conduct applies. License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other drug felony or any misdemeanor relating to a health profession.
Chiropractor: License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other drug felony or any misdemeanor relating to a health profession. 63 P.S. Sections 422.22, 422.41.
Osteopath: License may be refused for conviction of any felony, drug felony, crime of moral turpitude or any crime related to the practice of osteopathic medicine. 63 P.S. Sections 271.14, 271.15.
Pharmacists: License may be refused for conviction of any felony, drug felony, crime of moral turpitude or any crime related to the practice of osteopathic medicine. Revocation of a pharmacist's license for a violation of 49 Pa. Code § 27.18.
Optometrist: License must be suspended for a drug felony conviction. License may be revoked for any felony or crime of moral turpitude. 63 P.S. Section 244.7.
Unlawful Practices for Optometrists
Self-reporting of Misconduct Required
Professional Conduct
Nurse (Registered Nurse and Licensed Practical Nurse):License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other felony or crime of moral turpitude. 63 P.S. Sections 216(c), 24(a)(5)(RNs); 63 P.S. Sections 655, 666(a)(5)(LPNs).
Certified Registered Nurse Practitioners
Nursing Home/Home Health Care/Other Workers in Long-Term Care Facilities: May never be hired if convicted of homicide, aggravated assault, kidnapping, rape, robbery, burglary, arson, theft (including two misdemeanors), or various sex crimes, concealing death of child, endangering welfare of child, pornography, or felony drugs. 35 P.S. Section 10225.503(a)(Older Adults Protective Services Act, or OAPSA).
Occupational Therapist: License may be refused or revoked for conviction of any crime having a direct bearing on fitness to be an OT. 63 P.S. Section 1516.
Code of Ethics
Certified registered nurse practitioners
Physical Therapist/Athletic Trainer: License must be refused for conviction of any drug felony in the last 10 years. 63 P.S. Section 1306.
Athletic Trainer:
Athletic Trainers
Physical Therapist:
State Board Of Physical Therapy
Discipline
Physician's Assistant: License may be refused for any felony conviction. 63 P.S. Section 271.15(b).
Physician Assistants
Discipline
Podiatrist: License may be refused, suspended or revoked for conviction in connection with the practice of podiatric medicine or involving moral turpitude. 63 P.S. Section 42.16.
Psychologist: License must be refused for any drug felony conviction in the last 10 years. License may be refused for any other felony or misdemeanor in the practice of psychology. 63 P.S. Sections 1206, 1208.
State Board Of PsychologyCode Of Ethics
