In criminal courts in Pennsylvania and throughout the United States, defendants are innocent until proven guilty. This is a cornerstone of our justice system, but the Pennsylvania State Board of Medicine (PSMB) takes a different approach, closer to guilty until proven innocent. The PSMB has the authority to oversee the conduct of licensed medical professionals and sees the accusation of a crime as potential grounds for a license suspension or revocation.

When a physician or medical professional is accused of a crime, particularly one related to their professional duties or involving moral turpitude, it may launch its own investigation as part of their mandate to protect the public and uphold the standards of the medical profession. Crimes involving fraud, drug offenses or acts that breach ethical standards are examples of situations that could trigger such scrutiny.

The investigative process

The PSMB’s investigation can be comprehensive. It typically involves:

• Examining the details of the accusation
• Reviewing any relevant legal proceedings
• Determining the impact of the alleged behavior on the individual’s ability to practice medicine safely and ethically

It’s important to review Act 53 of 2020 and New 2024 board regulations about this law to see if you are subject to automatic discipline or discretionary discipline by the board. The board’s primary focus is whether the accused behavior demonstrates a lack of professional judgment or an inability to meet the professional standards expected of a medical practitioner.

The PSMB takes these situations seriously which means you need a skilled legal team on your side. Contact Hark and Hark to discuss these new regulations, their impact on your medical license application, your current health care license you possess, or getting your license back that has already been suspended or revoked.

Subsequent disciplinary actions

The PSMB may take disciplinary action if its investigation reveals substantial evidence that the accused has engaged in misconduct. The penalties can range from issuing a reprimand or placing the license on probation to more severe consequences like suspension or revocation of the medical license. The severity of the disciplinary action often correlates with the seriousness of the offense and its implications for patient safety and public trust.

The board acts independently of the courts

It’s important to note that an accusation alone does not automatically result in disciplinary action. The board considers the outcome of related criminal proceedings, including whether the accused is convicted or acquitted. However, even without a conviction, the board may still decide to act if it believes the accusation reflects a violation of professional conduct standards.

Protecting your licensing is crucial

Medical professionals facing such accusations often benefit from legal counsel. An attorney experienced in medical licensing issues can provide guidance on how to navigate the investigation process, present evidence in support of the accused, and help mitigate potential impacts on their professional standing. Legal representation is crucial in ensuring that the rights of the accused are protected and that they have a fair opportunity to respond to the allegations.