Quoted: Medical licensing after arrest for possession

[Doodledog]

I'm posting this, although I remind the OP and others that getting anything resembling legal advice on SDN is not a good idea.

I'm a current MS-I who was arrested two years before entering medical school, at age 27, for possession of marijuana. Besides that no arrests of any kind ever. I completed a court diversion program and as a result, was never convicted ("case dismissed"). I don't plan on getting any further criminal charges, disciplinary action, or positive drug tests during school or residency -- I'm keeping my nose clean. By the time I apply for licensure (not sure which state yet), it will have been 10+ years since the arrest.

I was just told, by a competent attorney who specializes in medical law, that if I want to be licensed, the state boards are likely to pressure me to declare myself a [former] substance abuser, and submit to close and ongoing scrutiny and supervision for complete abstinence, possibly limiting my license to prescribe and handle controlled substances.

Can anyone confirm of deny this, or offer any words of advice for me?

I take umbrage to this. Sure, I'll submit to a psychiatric evaluation or upfront drug screen. But I hardly see it as warranted for me to have to submit two urine samples a week for years on end, have a special board-appointed supervisor, give up the 1~2 beers a week I enjoy, and attend NA meetings, for something so far in my past. I'd understand the board's mistrust of me if I'd been caught with illicit substances while a practicing physician or resident. But in fact, this occurred before I even had anything to do with medicine, and I don't see why I need to remain outside the board's good graces when my reputation whilst involved with medicine is unmarred.

Keep in mind there is an ARREST on file for me. There is no CONVICTION.

Besides, I never truly WAS a substance abuser. When I smoked marijuana, I always did so in moderation, and it never caused me any problems in my life except getting caught by the police that once. So I would truly be lying to declare myself a former substance abuser. User, yes. Abuser, no.

Again, any advice would be most helpful and appreciated.

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[NotAProgDirector]

Although I don't have any direct experience with a situation like this, I find it extremely unlikely that you will run into much trouble. Each state is different. Still, here's what's certain to happen:

1. When you apply for a license, they will ask you "have you ever been arrested / convicted / in process/ etc of committing any offense other than a minor traffic violation" (and they usually point out that DUI = MAJOR traffic violation). You will need to answer yes.

2. Answering yes triggers another question/form where you get to tell your story.

3. This will flag your application, and the board will review it. They may want to meet you face to face. They will likely approve your application without stipulations if it's a single offense, in the past, and there are no further incidents.

What could you do in the meantime to improve things?

1. If you can get a lawyer to expunge your record, that would be helpful. I'm not a lawyer so I may be wrong, but if your record is expunged it's as if it never happened, and you could then answer no to these questions. Might be worth asking a lawyer, saving you from headaches in the future. I could be totally wrong about that 'expunged' thing though.

2. You could go to your school's health office, and tell them your story. They could enroll you in a confidential drug testing program. This could create a papertrail of negative drug tests -- that way, you could tell the board of medicine that "in an abundance of caution, I volutarily enrolled in a testing program to prove no further drug use". You could do the same thing in residency also, if needed. This is probably overkill.

Tildy's original suggestion to see a lawyer stands.

 

[dragonfly99]

I agree with aprogramdirector.
You should get an attorney's advice, though.
I really don't think this will cause you much of any problems with licensing, though, if you you have no further issues.