DUI in residency

[FMed2022]

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Does anyone have any information on getting arrested for a DUI during residency. Not convicted. Doing diversion program and charges will be dropped. But how will this affect license? Going before the board. Etc. anyone with any first hand knowledge would be greatly appreciated.

 

[Crayola227]

Don't ever lie to the medical board when it comes down to it. The reality is that this will depend greatly on the particular state board's policies and forms, what you can say/omit honestly. What is triggered, will depend greatly on your specific situation and that particular board and how they operate.

Contact a lawyer that specializes in medical board dealings in your state. Not cheap, usually $250 an hr, but you can give them details and they will know better than anyone outside the board itself what usually transpires for someone in shoes like yours, and they can help you run information management with a medical board better than anyone. They can help you fill those forms out in a way to minimize your troubles, and help you deal with fallout. They have the best chance of helping you negotiate what sort of PHP or other hoops you may have to go through. They're your best chance of figuring out how to keep this hush without crossing the honesty line with the board or not go down for all this.

Whenever you have to do with the board in a situation where there could be negative career consequences for you, I recommend a good lawyer that specializes in that. It's worth the money.

 

[Crayola227]

Sorry, I wrote my advice like you were in med school and applying for residency. I reread your post. Forgive me I haven't slept. I edited my response to hopefully make more sense for you.

You need to get an attorney that deals with your state's medical board ASAP.

I think most states have some policy where you are supposed to report something like this. Regardless, what your obligations are and the best way to cover your ass next is reason enough to get such a lawyer ASAP. There is always a lawyer or firm that does this. Find them now.

 

[GoSpursGo]

Agree with the bottom line of above--don't lie.

If you're currently in residency, there is probably something in your contract that requires you to disclose this to your program. Read your contract to figure out if you do, and if so speak with them ASAP. They may have some suggestions to help you through this process.

 

[Crayola227]

If you read SDN and talk to ppl you'll see that the consequences can range from essentially nothing and hardly even any trouble from the board over this, to an expensive time consuming ****fest that follows you across state lines and to every institution for decades of your career. It depends on the state, the situation, and maximizing your legal options with an attorney can be the difference in yielding different outcomes.

Agree with getting help from your program, but before you say too much more to anyone get a lawyer.

 

[FMed2022]

So I have a lawyer who is already helping me get into a pre-trial diversion program where I’ll have to do some community service. Attend a class etc. and at the end my case will be dropped and I’ll never be convicted. After that I can have my record expunged. But it will most likely still show up on my full license back ground check. He is not well versed in medical license so I need to get another lawyer for that aspect. I just think I need to tell the board now about if so they can make me do whatever they feel best so when I do apply for a full license in a year and a half it will not be an issue

 

[Crayola227]

So I have a lawyer who is already helping me get into a pre-trial diversion program where I’ll have to do some community service. Attend a class etc. and at the end my case will be dropped and I’ll never be convicted. After that I can have my record expunged. But it will most likely still show up on my full license back ground check. He is not well versed in medical license so I need to get another lawyer for that aspect. I just think I need to tell the board now about if so they can make me do whatever they feel best so when I do apply for a full license in a year and a half it will not be an issue

I would get a lawyer for the board issues, and consult with them first. Find one today and reach out.

 

[FMed2022]

I would get a lawyer for the board issues, and consult with them first. Find one today and reach out.

Okay thank you so much.

 

[killerleaf]

I would get a lawyer for the board issues, and consult with them first. Find one today and reach out.

This. Most definitely this. Especially in Texas. Immediately

 

[FMed2022]

This. Most definitely this. Especially in Texas. Immediately

I’m in alabama but already contacted one

 

[FMed2022]

Anyone have any info on the Alabama PHP? Are they corrupt like I have been reading other PHPs are. I’m getting nervous now that I have self reported

 

[Crayola227]

Did you self report before talking to a board attorney??

 

[FMed2022]

I spoke to a board attorney. Who spoke to a lawyer in his firm who suggested self reporting. So I did. And they want me to be evaluated. Well I asked more questions. This evaluation is a 72 hr evaluation after which the company gives their recommendations. And basically from what I can understand is that whatever they say I have to do. But after researching it it seems like these companies don’t care what you did they alway want some crazy requirements like an 8 week inpatient treatment. I’m going to call my lawyer back and be like I don’t feel comfortable just being at their mercy. I think I would be better self reporting to the actual board and having my lawyer represent me and not deal with this PHP who seem to not have any governing body or checks and balance.

 

[Crayola227]

I spoke to a board attorney. Who spoke to a lawyer in his firm who suggested self reporting. So I did. And they want me to be evaluated. Well I asked more questions. This evaluation is a 72 hr evaluation after which the company gives their recommendations. And basically from what I can understand is that whatever they say I have to do. But after researching it it seems like these companies don’t care what you did they alway want some crazy requirements like an 8 week inpatient treatment. I’m going to call my lawyer back and be like I don’t feel comfortable just being at their mercy. I think I would be better self reporting to the actual board and having my lawyer represent me and not deal with this PHP who seem to not have any governing body or checks and balance.

You don't get a choice between dealing with the PHP or the board, whatever the board decrees you have to do, and if that includes a PHP than that's it. The best you can hope for is a board attorney who has dealt with the board and PHP, who might have some experience negotiating with them.

It might also help you to contact a psychiatrist that has experience with the board - that can be trickier to find, but the attorneys might know some names. Worth paying cash to see them if you must. Whether or not said psychs are taking new patients or not, when you contact them give them a heads up that you are a resident who is now facing down the med board and PHP and you need help from someone who has some experience treating and representing physicians, and you would appreciate referrals if they can't otherwise help you.

I know residents who got in with psychs whose practices were otherwise closed because of professional courtesy of trying to help one's own. And also got a referral from one psych who had no experience with PHPs to someone who did.

Having your own psych in your corner that has some experience with when physicians get in trouble with the board and PHPs that isn't working for the board or PHP can be extremely helpful in rebutting and potentially changing the hoops the board will require. They can't override the board reqs and the board doesn't have to listen to them at all, but in some cases it can help.

 

[FMed2022]

You don't get a choice between dealing with the PHP or the board, whatever the board decrees you have to do, and if that includes a PHP than that's it. The best you can hope for is a board attorney who has dealt with the board and PHP, who might have some experience negotiating with them.

It might also help you to contact a psychiatrist that has experience with the board - that can be trickier to find, but the attorneys might know some names. Worth paying cash to see them if you must. Whether or not said psychs are taking new patients or not, when you contact them give them a heads up that you are a resident who is now facing down the med board and PHP and you need help from someone who has some experience treating and representing physicians, and you would appreciate referrals if they can't otherwise help you.

I know residents who got in with psychs whose practices were otherwise closed because of professional courtesy of trying to help one's own. And also got a referral from one psych who had no experience with PHPs to someone who did.

Having your own psych in your corner that has some experience with when physicians get in trouble with the board and PHPs that isn't working for the board or PHP can be extremely helpful in rebutting and potentially changing the hoops the board will require. They can't override the board reqs and the board doesn't have to listen to them at all, but in some cases it can help.

Thank you so much for all the advice I really appreciate. I am most likely going to be doing a diversion program to get us ticket dropped which will have requirements so I do not see how they could require me to do a 8 week or whatever week inpatient program. I have legal obligations I would go to jail if I missed you know ?

 

[Crayola227]

Thank you so much for all the advice I really appreciate. I am most likely going to be doing a diversion program to get us ticket dropped which will have requirements so I do not see how they could require me to do a 8 week or whatever week inpatient program. I have legal obligations I would go to jail if I missed you know ?

Don't expect the board to be reasonable. And what they might do that's reasonable, is work around what has been court ordered for you. They won't compel you not to follow the court. But, while the board won't countermand the court this way, the board doesn't have to say "Oh well the criminal justice system had him do diversion for x weeks and they did y drug tests, that's good enough!" They can require essentially whatever they want on top of that.

And many inpt treatments have ways to work in your court ordered requirements.

The board attorney should know what the law allows the board to do (it's usually pretty broad), and also what the board usually does, and if there's any way to adjust it.

This is where the opinion of a 3rd party psych MIGHT be helpful - they could assess you and say that they think inpt treatment isn't necessary, for example. Some boards have more or less opportunities for physicians to appeal or obtain 3rd party assessments or 2nd opinions than others, and have it actually impact what ends up being required.

 

[Bollinger_MD]

I spoke to a board attorney. Who spoke to a lawyer in his firm who suggested self reporting. So I did. And they want me to be evaluated. Well I asked more questions. This evaluation is a 72 hr evaluation after which the company gives their recommendations. And basically from what I can understand is that whatever they say I have to do. But after researching it it seems like these companies don’t care what you did they alway want some crazy requirements like an 8 week inpatient treatment. I’m going to call my lawyer back and be like I don’t feel comfortable just being at their mercy. I think I would be better self reporting to the actual board and having my lawyer represent me and not deal with this PHP who seem to not have any governing body or checks and balance.

1. A citation or a charge different than pleading guilty or being convicted. Innocent until proven guilty applies.
2. It all depends on the state government statutes regarding the state medical board and the medical board's policies that are published elsewhere.
3. Get everything in writing. If someone is trying to force you to do something, make sure that they document what they are asking you to do, what gives them authority to do so, and justification for their request.
4. Any D&A assessment company that is
1) part of the same company as the inpatient treatment program and
2) able to mandate that you are placed in a long-term inpatient treatment program at their facility,
has a significant conflict of interest at play and their recommendations can therefore subject to significant scrutiny.

 

[mistafab]

I know in my program I would contact my Pd and have a face to face about this as well as whatever written above. It will come up eventually, and it seems to me a better idea to tell them in person rather than having them hear about it down the road from someone else.

Interestingly, I reviewed my contract and nowhere does it state I have an obligation to report something like this to my program.

 

[NotAProgDirector]

It's not in our contracts, but we have an annual attestation that covers many topics including legal issues.

 

[Peachpeach912]

What’s the update on this? Also dealing with similar situation

 

[hamstergang]

What’s the update on this?

The OP was last on SDN February 4, 2021.

 

[NotAProgDirector]

What’s the update on this? Also dealing with similar situation

Each program, state, and Board of Medicine is different. Hearing someone else's experience isn't going to help, yours could be very different. Get a lawyer and talk to your PD. And hope for the best.