The Consequences Of A Criminal Conviction On Your Professional License

The collateral consequences of any criminal conviction on a professional license are 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, suggesting that the Board will be in contact and that you should retain counsel.
  5. If you deny the allegations or fabricate a story, adding an obstruction charge. This conduct is a separate basis for the pending disciplinary action.

In Danger of Losing Your Professional License?
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At Hark and Hark, we are extremely protective of our clients who need professional license defense. In fact, we preemptively advise all clients that if they are contacted by any investigating authority, they should not talk or answer questions, identify Richard Hark as counsel, and ask for a meeting at more convenient time. We will 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 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.

Unprofessional Conduct

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.

State Board of Chiropractic Medicine

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.

Sexual Misconduct

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.

Standards of Practice

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).

Disciplinary Provisions

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.