Oh boy, lots to comment upon.
I'll repeat what I think I mentioned beforehand: Most applicants make these types of things into a much bigger deal than they are, and most programs won't care if it's in the past.
True, this is why I was on the fence about disclosure. I didn’t mean telling the PD to talk to the lawyer but rather the hospital HR or legal department since I assume they are more involved than the PD. Do you know if hospitals are bound by standard employment laws in resident hiring/firing. For example, in New York,
If you have an arrest that was resolved in your favor, a sealed record, or a youthful offender adjudication, you cannot be asked about it in any form application or otherwise, or discriminated against on, those grounds in connection with employment, licensing, or the provision of credit or insurance.
The protections described above do not apply to governmental agencies involved in the licensing of guns, firearms, and other deadly weapons, or in the employment of police officers or peace officers. There, the agency may ask about and consider an arrest resolved in your favor, a sealed record, or a youthful offender adjudication.
Would a NYC residency who fired a resident because of a sealed record be breaking state law in this case or does it not apply to hospitals?
The rules are different state to state. For certain, hospitals are employers and are held to the same standards as any other employer. I am unaware of the laws in NY. From what you've quoted, it appears that the answer is very straightforward there -- you don't report this, the hospital can't consider it, and (theoretically) neither can the NY medical board.
But the medical board could attach requirements to your license -- this could happen if the problem were drug related in the past. You would probably keep your job, but it would make things much more complicated.
But if the program is affiliated with a VA, they do their own federal background check. And that can find sealed records (sometimes). Will they care about it? I don't know -- you haven't mentioned what it is. In general, VA hospitals are not bound by state laws, as they are on federal property. If the VA refuses to credential you, the program may still be able to drop you or it would make things much more complicated. Is that likely? No.
If any of this happens, you're in a much better spot if the program knew up front. Then they took you knowing the issue, and they are likely to fight for you. If the issue surprises them, they may not -- not because of the issue in the first place, but because of the lack of disclosure.
Hospital HR/legal is not talking to your lawyer. No one cares what their opinion is/was.
Chances are you'll be fine no matter what you do. No matter what you do, you'll worry about it. Pick the worry you can best live with.
If you're leaning toward IM subspecialties you're probably fine unless it was a violent offense. If it was a DUI or possession or something it'll probably get brushed aside. If it was a scuffle, hit or miss. If it was a domestic, that's going to haunt you forever. So it really depends on the offense
I am not certain programs will brush aside a DUI. And neither will medical boards.
The infraction was on the order of possession of hard drugs with intent to sell.
Thoughts?
Selling drugs is bad news. Likely close scrutiny from the medical board. Might be unable to prescribe controlled substances.
How can any program access a charge that’s been sealed?
VA background check, as above.
The only thing that I can think of is the question that says “would you have any issue getting a medical license.”
I don’t know how to answer that because in every state, docs are licensed with the type of conviction that I have (unless they have done it multiple times)
I'd prefer you simply disclose the issue in one of the other questions and answer this one No. If you decide not to, then answer them all no.
Look buddy, I have been around the block and multiple docs have been in this situation. No one reports it. Run or pay for a background check on yourself.
Yeah, no.
I just did my re-credentialing app for my hospital. I've been here 20+ years. They ask me if I've ever been named in a medmal lawsuit. I was once -- as an intern. Was dropped from the suit, so have no judgements or anything. And I still disclose it, every time. That's life.
You’re right that you can refuse to see their lawyer in your office. But they can drag you to court and have you testify under oath. You better make darn sure that if you terminate someone’s contract or whatnot that you are on firm legal ground and not this vague “they should just disclose everything”. I don’t think that argument would fly in a New York court for example which specifically bans that. You should look at your state law carefully or talk to your legal department. You could essentially kill someone’s nascent medical career permanently for something that is actually illegal for training program or a licensing body to do. Then you will be in the hot seat. I would argue that killing someone’s medical career for illegal reasons is just as serious as permanently injuring a patient by malpractice. There are huge differences in income potential for a doctor versus other typical careers like high school biology teacher. I would be very careful about taking on that risk. If you take on a leadership position like residency director or chairperson, it’s your responsibility to learn and be aware of the state and federal laws related to that position.
You make a reasonable point, although I can't say I'm a fan of the tone. Suggesting that giving advice is equivalent to killing patients? Really?
Not every state has laws like the one in NY - and I wasn't aware of the law in NY. The OP may not match in NY at all, at which point they would be subject to the laws of some other state. The board of medicine might decline to give them a license, or put limits on their license that make working as a resident impossible.
And if the law is in the OP's favor yet the program feels manipulated / lied to, they may still have to hire them but then they will start off on a bad foot with the program. Not a great way to start.
So much depends on what the issue was. If it was underage drinking, no one will care. If it's reckless driving (which is some states is a misdemeanor), then no one will care. There are many such examples.
If it was actually possession with intent to sell (which the OP says is not the case), then even if sealed it could easily be a problem. A DUI where someone was injured, also could be a huge problem.
And if whatever it is made the news, and starts getting publicized, then that too can be a huge problem. Even if sealed, an article stating "local hospital hires drug dealer" is going to cause huge problems. If the program knew about it beforehand, they may help push back.
Of course HR and the lawyers always get involved in cases like this. They are thankfully rare.
Although only tangentially related, we had an interesting situation a few years ago where one of our matched interns had not registered for selective service. They were over 26, so could no longer do so. Not registering for selective service means that you can't work at any federal position. Which includes the VA. So the VA was unable to credential them, and it looked like we were going to need to let them go. But we really wanted to keep them -- so we helped petition for an exemption. We had to ask someone very high up the food chain -- the Secretary of the VA I think? We ultimately got them the exemption, and had no further problems. But it was a huge process, lots of work. Would we have done all of that if we didn't feel as strongly about the matched intern? If I knew that they knew this was going to be a problem but just left it off their application because they felt no legal requirement to do so? Because there probably isn't a requirement to do so -- it's not a misdemeanor nor felony, and won't cause a problem getting a medical license.
As mentioned, it's up to the OP to decide what to do. They are probably legally entitled to leave it off their application. Although whether that's accurate if they apply to programs that are based solely at a VA is unclear (there are very few of those). Legal requirements for disclosure vary by state, and the OP only has one application. Most likely, it won't matter no matter what they do. Whether they disclose or not, they will need to live with the outcome. If they do run into troubles with on boarding at their program, of course they can consider legal action but that's long, painful, slow, and expensive.
