Applying for House Physician License in Florida.

[mb8417]

In 2018, I had a run-in with the law and was facing DUI charges, however, my attorney was able to get the charges dismissed and the record expunged. While the case was pending I was adviced by my lawyer to complete DUI school, where they evaluated me and asked me to take 12 counseling sessions(1hour weekly), all of that is done and has been taken care of and there is no record of my arrest or the case.

This year, I was planning on applying for the House Physician License in Florida and legally I can answer no to the criminal history section as my record was expunged but my concern is how to answer the question:

During the last five years, have you been treated for or had a recurrence of a diagnosed substance-related
(alcohol or drug) disorder that impaired or impairs your ability to practice?

Will the counseling sessions and the DUI school be considered as a treatment for alcohol disorder? Also, what constitutes an impaired ability to practice, and who decides impairment? I was not impaired in any sense or form, I had straight As through grad school and had no issues at work. If I answer no, is there any way for them to find out? I do remember that AHCA had access to my enrollment records and I had to give them consent to provide them to the court, which would expire in 1 year.

Please advice!

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[Apollyon]

In 2018, I had a run-in with the law and was facing DUI charges, however, my attorney was able to get the charges dismissed and the record expunged. While the case was pending I was adviced by my lawyer to complete DUI school, where they evaluated me and asked me to take 12 counseling sessions(1hour weekly), all of that is done and has been taken care of and there is no record of my arrest or the case.

This year, I was planning on applying for the House Physician License in Florida and legally I can answer no to the criminal history section as my record was expunged but my concern is how to answer the question:

During the last five years, have you been treated for or had a recurrence of a diagnosed substance-related
(alcohol or drug) disorder that impaired or impairs your ability to practice?

Will the counseling sessions and the DUI school be considered as a treatment for alcohol disorder? Also, what constitutes an impaired ability to practice, and who decides impairment? I was not impaired in any sense or form, I had straight As through grad school and had no issues at work. If I answer no, is there any way for them to find out? I do remember that AHCA had access to my enrollment records and I had to give them consent to provide them to the court, which would expire in 1 year.

Please advice!

It's "advise".

If you already have a lawyer, why in the world are you asking a bunch of randos?

 

[wholeheartedly]

I don’t think anyone on here is going to be able to give advice better than a reputable attorney. There might be some attorneys who have more experience with matters related to physician licensure etc.

 

[Dral]

Also don't just assume you can answer 'no' to the criminal history section. It's all about the wording.

If the question is: Have you ever been charged with? Technically you were....it's just that you later got them dropped.

If the board finds out you technically lied, you'll have bigger problems on your hands. I'm not saying you can't say no depending on how the question is stated, but you should probably take the form to your lawyer and ask them how to proceed.

 

[GoSpursGo]

I agree that you should talk to the lawyer about the charge/conviction question. However, concretely the answer to this specific question is no. Just because you got a DUI does not mean you had a substance-use disorder, which is a specific medical diagnosis.