Archive for November 17th, 2009

Health Care Professionals and Traffic Arrests

When a doctor or other health care professional is arrested for a traffic violation, she may need two attorneys.  One attorney will defend the traffic violation.  But health care professionals who are actually arrested may need a second attorney to advise them on whether or not to report the arrest, and to what agency the arrest should be reported.   Doctors and certain other health professionals are required to report certain matters to the Tennessee Board of Medical Examiners (the Board).

If you are a physician, before you contact the Board of Medical Examiners, you should first contact a knowledgeable, experienced Tennessee criminal defense attorney who can advise you if it is necessary to retain an attorney who has substantial experience in representing doctors before the Board.  Doctors should not contact the Board prior to talking with a qualified attorney, as the Board may later become adversarial.

The Board requires doctors to report any conviction to their physician profile, which is accessible to the public.  However, whether or not physicians and other health care professionals are required to report arrests to the Board is less clear.  One thing is certain:  when health care providers renew their licenses, they must be truthful when answering questions on the renewal form.  If you are a physician, you should be aware that when it comes to Tennessee traffic violations and criminal offenses such as Driving Under the Influence of an intoxicant (DUI, DWI, or OWI) or even Reckless Driving, there are certain rules with which you must comply with in order to maintain your professional license.  If you are arrested for a traffic violation of any kind, consult with a Tennessee criminal defense attorney familiar with the requirements of the licensing Board.

 

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