Hark and Hark successfully appeal a medical license denial

On Behalf of | Jun 2, 2022 | Professional License Application |

A recent appeal case we won shows you always have a chance if a licensing board attempts to stop you from practicing your profession.

The case involved a physician denied a license to practice in Philadelphia over a conviction for conspiracy to possess and distribute controlled substances in another state a decade before.

We argued that the Philadelphia State Board of Medicine had insufficient grounds to deny a license and failed to consider everything they should. Instead, they based their decision on the findings of the court that convicted him.

The licensing board gave three main reasons for their refusal

The licensing board, in their original decision, held that:

  • His felony conviction disqualified him
  • He lacked the moral fitness to serve as a physician
  • He lacked the recent education and experience to perform the role

We showed that they were wrong on all three accounts.

First, they were wrong in applying the rule of the Controlled Substance, Drug, Device and Cosmetic Act that you can deny a license due to a felony. The crime for which our client was convicted does not amount to a felony in Philadelphia.

Second, they were wrong in denying the license based on his present moral character. We presented evidence showing considerable volunteer work since his conviction. Plus, personal testimonies from other medical professionals to our client’s general good character, reputation and remorse for his part in the crimes 10 years earlier.

Thirdly, we demonstrated that the board was wrong to deny a license due to the lack of recent education and experience without laying out a clear path to how he could gain those.

Everyone deserves a second chance. If you feel your profession’s state licensing board has treated you unfairly, get legal help to understand how you can appeal. You worked hard to get that license, so it is worth fighting hard to get it back.

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