October 2018 Archives

PHMP - The Voluntary Recovery Program and A New Tactic

A new client recently contacted me regarding a puzzling PHMP/VRP letter he received. After a first offense DUI, the VRP contacted him and scared him to attend an initial evaluation.  The Initial Evaluation    As I have said many times, the PHMP's "Letter of Concern" is a lie. The PHMP is not concerned. The Letter of Concern.

Why do alleged crimes threaten medical professionals' licenses?

A Philadelphia resident can work their whole life to become the medical professional they dreamt of becoming when they were a child. After years of study, testing, paying for classes and books and struggling, they may finally receive the education that they need to get a medical license and begin practicing to care for others. It therefore seems hard to understand how an alleged DUI or drug crime may have the power to derail the individual's entire future and everything they worked hard to get.

Preserving Your Professional License -- Proper Counsel Would Have Saved This Case

I recently wrote a blog about the enforcement environment for Pennsylvania medical professionals. Pennsylvania's Disciplinary Environment  --  PNAP Investigations   Pennsylvania's medical related licensing boards are receiving a record number of reports accusing licensees of drug related diversion, DUI arrests for alcohol or drug intoxications (medical marijuanna), and other impairments that affect professionals' ability to practice safely.  In almost every circumstance, licensees' alcohol and drug related conduct now generates Petitions for Mental and Physical Evaluations.  I have written numerous blogs about the importance of preparing for these evaluations and promptly attending.

Pennsylvania Licensees Have a Constitutional Right to Work

On October 4, 2018 Commonwealth Court issued a significant decision in King v. BPOA discussing the Criminal History Record Information Act ("CHRIA").This statute gives licensing boards a discretionary authority to discipline, suspend, revoke, grant, or deny licensure based upon a criminal conviction related to the practice of a license. CHRIA's general purpose, however, is to control the collection, maintenance, dissemination or receive a criminal history record information.

Federal charges and the loss of a medical license

The scope of crimes covered in the federal laws of the nation is wide and inclusive. Federal charges can be based off of alleged drug use or possession, violent crimes involving assaults and murder and white collar crimes involving fraud and tax evasion. The crimes associated with these and many other federal laws have been deemed damaging to the public at large and therefore punishable by the courts of the nation.

Refresher:: PNAP BAIT and SWITCH

PNAP case managers routinely contact nurses whom they think are impaired. Self reporting, DUI - ARD or convictions, or workplace complaints are the typical trigger. The goal is to secure PNAP/PHMP enrollment. 

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