Licensure after Felony Drug Possession

[maxpower75]

I was hoping I could get some guidance regarding a friend of mine who has asked me for assistance. He is currently in the middle of medical school in an offshore medical school (future american medical graduate). Unfortunately, he has/had some addiction issues, and was arrested for felony drug possession (not marijuana). He has gone through the courts, and will most likely get the case expunged. He has also admitted himself to rehabilitation, and withdrew from school.
Once he gets out of rehab/gets healthy, he is hoping to continue his education in medicine. I am unsure if this is a good idea, as he has numerous things that will hold him back (gaps in his medical school, coming from a poorly known medical school, as well as this drug arrest).
I am aware that getting the arrest expunged will not result in it being truly erased, and it will most likely come up in the FBI background check that most states require prior to licensure.
Any opinions regarding if he should try and attempt to continue with his medical education in this particular situation?
He does have a lawyer for his drug case, but he did not know if there were specific rules regarding future DEA, state license ramifications after an arrest like this.
I thank you all in advance.

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[Apollyon]

The lawyer is the way to go. As far as I know, a felony drug conviction (not arrest) will permanently preclude someone from getting a DEA license. That would be an absolute deal breaker for anesthesia, emergency medicine, and possibly general surgery and surgery subspecialties. It's written right into my contracts that I have to maintain a DEA number, and I will be summarily discharged if I lose it.

For drug abuse, going through rehab and staying clean is a positive, as far as medical boards go. One relapse, and it's probably see ya, forever, unless he did a REALLY undesirable job, and would have so many restrictions on his license.

However, to stay clean, he would have to be proactive in contacting a physician's health program in a state in which he'd like to practice. By doing everything of his own accord, instead of being directed by the state, he could avoid having a mark on his license before he ever sees a patient. However, if he waits for the state to send him, he could have a "condition" put on his license, and an entry into the NPDB.

Your post is not clear, though - "offshore school", but future American medical grad? Do you mean USIMG? I hope you do, because that does NOT sound like an "AMG".

 

[Winged Scapula]

The lawyer is the way to go. As far as I know, a felony drug conviction (not arrest) will permanently preclude someone from getting a DEA license. That would be an absolute deal breaker for anesthesia, emergency medicine, and possibly general surgery and surgery subspecialties. It's written right into my contracts that I have to maintain a DEA number, and I will be summarily discharged if I lose it.

Its in my contracts as well, including that with my medical malpractice provider which also states that they will not pay to defend me should I be sued for anything which involves my use of drugs or alcohol.

Presumably the OP's "friend" is rehab'd and won't join the high percentage of recidivists. But AFAIK, a DEA # is out for those with a felong drug conviction. This severely limits his choice of specialties.

You can see here what happens to physicians with felon drug convictions:http://www.deadiversion.usdoj.gov/crim_admin_actions/crim_actions.htm (they have all lost their DEA #)

But contacting a lawyer rather than SDN is the way to go.

Your post is not clear, though - "offshore school", but future American medical grad? Do you mean USIMG? I hope you do, because that does NOT sound like an "AMG".

I wasn't sure what that meant either. The time off and the drug conviction makes your friend even less likely to get into a US medical school, after all he couldn't get in the first time around, and now has even more strikes against his application.

 

[maxpower75]

Sorry, I misspoke. I meant International Medical Graduate (FMG with US citizenship). Thank you for the information!

 

[Wrigleyville]

I'm a radiologist and am required to maintain a DEA number, so I'm pretty sure everyone needs one. That requirement is in the standard contract for all housestaff at our facility.

 

[Winged Scapula]

I'm a radiologist and am required to maintain a DEA number, so I'm pretty sure everyone needs one. That requirement is in the standard contract for all housestaff at our facility.

I don't know that its standard to require the DEA. A license yes, but I've worked at several programs which did not require residents to have DEAs. Some may and certainly, the OP's friend will find that his choices of residency and practice will be severely curtailed.

 

[Apollyon]

You can see here what happens to physicians with felon drug convictions:http://www.deadiversion.usdoj.gov/crim_admin_actions/crim_actions.htm (they have all lost their DEA #)

Oh man, you are so not kidding with that link. I was looking at those cases last week when I was changing my address online for my DEA, and those make the crucifying sessions that North Carolina puts into their quarterly bulletins look like children's stories.

 

[Frugal Traveler]

Find a fork. They're done.

 

[JStub]

That link appears to show physicians who used their DEA# to obtain and/or sell drugs illegally. That is not the case for the OP's friend. I know people with felony drug record who did not disclaim it on their med school app, residency app, or license app. Even after this was discovered he was able to keep his license and dea# (with probation and ethic classes). So it is certainly not impossible for the OPs friend to obtain licensure

 

[maxpower75]

Oh yeah?
Did he have the drug possession during medical school? I am trying to help him decide if should try and continue with school (provided the school will allow it). If he finishes, he will incur significant debt, I think this debt would be okay if he had a reasonable chance to obtain residency. Obviously if he had another blip on his record he would be done.

Thanks for the information!

 

[Winged Scapula]

That link appears to show physicians who used their DEA# to obtain and/or sell drugs illegally. That is not the case for the OP's friend. I know people with felony drug record who did not disclaim it on their med school app, residency app, or license app. Even after this was discovered he was able to keep his license and dea# (with probation and ethic classes). So it is certainly not impossible for the OPs friend to obtain licensure

The link was not provided to show you cannot get a DEA, but what would happen if he did and was not successfully rehab'd (as noted in my post above).

And to be fair, until his most recent post, the OP did not state what the felony was for. There have been cases of the DEA #s being denied to those convicted for forged prescriptions, manufacture and/or distribution of drugs. Possession may be a different story depending on what the drug was and the circumstances around it (ie, simultaneous possession of firearms, etc.).

The friend needs to contact an attorney AND the DOJ before making any decisions and relying on SDN second hand stories.

 

[medicinesux]

With all the hoops and red tape that even Mother Theresa would have to go through to practice medicine in this country, why make the process SOOOOOO much worse? I always thought Nancy Reagan's message came off a little bit cheesy, but man was she right.

 

[JStub]

Oh yeah?
Did he have the drug possession during medical school? I am trying to help him decide if should try and continue with school (provided the school will allow it). If he finishes, he will incur significant debt, I think this debt would be okay if he had a reasonable chance to obtain residency. Obviously if he had another blip on his record he would be done.

Thanks for the information!

It happened way before he started med school. I agree with you guys that it will certainly be hard to obtain licensure and DEA# for this guy but if that's what his heart really desires, it won't be impossible. He will probably have to put up a fight as well so a great attorney is a good idea! But is it all worth it?

 

[dragonfly99]

I would definitely find a good attorney NOW, and not later, who is familiar with similar situations.

If this incident was in the past before med school, there are no further incidents, and the person was not selling drugs, but just taking them, then perhaps he has a chance in heck. I am personally not that optimistic, though. State licensing boards tend to look a lot more critically at applications of people who went through Caribbean medical schools, and with the drug conviction he's going to have multiple strikes against him. You are also saying that the person had to take time off from med school. If he did, that means the drug problem was/is not really behind him, even if the criminal activity is. This is very concerning. Med school and residency are extremely stressful, and I would worry, and I think the med. licensing boards will worry, whether this person is going to be able to stay clean. I hate to be negative but I also hate to see this person spend tens of thousands of dollars to finish med school and then end up with no residency. He might do as much or more good as a drug/EtOH counselor or clinical psychologist once he gets better, vs. just another MD (there are actually lots of us whereas might not be so many people with the personal insight into substance abuse that this person has).

I think he may have a hard time getting a residency program to take a chance on him, given all that has transpired. He might have better luck in psychiatry vs. some other specialties...I know of one internist who was well respected, had an EtOH problem and then changed to psych after going through AA. However, I think that people who have been practicing for a while have an easier time dealing with licensing boards vs. someone who has never been licensed. It's easier to never give someone a license vs. to take one away, especially if the person was known as a "good" doc and only had personal problems with drugs/EtOH and was not selling to patients or others. With the recent focus on patient safety (the "10,000 Lives" federal campaign, scrutiny of state medical licensing boards, etc.) my impression is medical licensing boards are getting more and more strict.