How Out-of-State Convictions May Affect You
Reciprocal license disciplinary actions against non-Pennsylvania professionals have resumed with vigor. We receive calls about this issue every day from professionals nationwide who received their education and training in Pennsylvania.
Discipline in your home state triggers Pennsylvania’s reporting responsibility upon entry of the order, or at annual renewal if charges are pending. Also, home state licensing boards automatically report professional discipline to each jurisdiction in which you possess a license. In other words, charges from another state may affect your Pennsylvania practice as well.
You Must Report Any Disciplinary Actions
The first and most important issue associated with these actions is the means by which Pennsylvania’s professional boards become aware of a home state discipline. Under either of the above scenarios, failure to report to disciplinary action (before the Board finds out from the reporting state) constitutes a separate and distinct basis for a Pennsylvania licensing board to discipline you.
The primary basis for discipline will be the underlying action. To the extent the discipline is based upon non-criminal action such as treatment abuse, positive drug test or CLE compliance issues, avoiding disciplinary action in the Commonwealth of Pennsylvania is possible. One of the skilled lawyers at Hark and Hark can help you understand your options.
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Respond To Disciplinary Notices Immediately
Timely responses to disciplinary notices and prosecutor’s letters are paramount. Failure to respond could trigger automatic disciplinary action without you knowing. You need to keep your registered addresses updated to ensure you receive all correspondence. Failing to respond or failing to report discipline constitutes an additional disciplinary action that must now also be reported to each jurisdiction.
We Will Help You Move Forward
Seeking legal counsel to answer petitions, reschedule hearings and communicate with the prosecuting attorney are the next best steps. Usually, most actions can be resolved with a relatively little amount of legal wrangling.
If you are disciplined in another state, do not assume all is lost. Each case is addressed on the independent facts of your situation. You can contact us online or call 215-665-0766 to schedule a free consultation about your case. We have offices in Philadelphia, King of Prussia and Cherry Hill.