What to do After a Criminal Arrest

This past year, I have been told that the Department of State, the agency that oversees the Healthcare Licensing Boards, has entered into a contract the Pennsylvania Justice Network (PJN) to provide records of arrest for all healthcare workers licensed in Pennsylvania. Prior to this, the Licensing Board would typically learn of an arrest when the healthcare professional renewed their license every two (2) years. It is standard for a Licensing Board to ask the licensee about any arrests since their last renewal; however, many licensees are now receiving letters from the Professional Health Monitoring Program (PHMP) within one week of the arrest. This may depend on the county in which you live. For instance, this past fall, an M.D. who is a client of mine received a letter from the PHMP six (6) days after he was arrested for a DUI. What this means is that it is in your best interest to contact a licensing attorney immediately after your arrest. For over twenty five years, I have represented individuals charged with crimes as well as healthcare professionals in matters involving their professional license. When you receive a letter from the PHMP, it is a mistake to call them until after you speak with a skilled licensing attorney. You can’t take back what you disclose to PHMP personnel and anything you tell the PHMP can be used against you. Your statements to the PHMP could also be used in a criminal prosecution against you. You should also not rely on the advice a criminal lawyer gives you about your professional license unless that criminal lawyers is well versed in professional licensing law. Even a summary criminal offense, such as Disorderly Conduct or Public Drunkenness will trigger a letter from the PHMP. If the summary offense is not handled properly, it could result in your requirement that you enter the Voluntary Recovery Program (VRP) which will require you to get substance abuse treatment, undergo random urine screens for a three (3) year period, attend two or three AA/NA meetings per week and notify your employer of your participation in the VRP. For more information, please visit my website’s page on PHMP.