Frequently Asked Questions

Q: I am a medical doctor in another state who has not had an active medical license in Pennsylvania in over 20 years. I was disciplined in my home state. I recently received an Order to Show Cause filed against me by the Pennsylvania Board of Medicine. Because I have not had a medical license in Pennsylvania in 20 years, can they still prosecute?

A: Yes. If you have ever held a license to practice medicine or nursing, Pennsylvania has the right to take disciplinary action against you based on discipline taken by your home state. We routinely defend doctors in these types of cases and are often able to negotiate an agreement in PA.

Q: I was convicted of a misdemeanor crime for a domestic matter not related to the practice of nursing. I received my nursing renewal application, which asked if I have been convicted of a crime. Do I need to disclose this? What will happen to me if I disclose it?

A: Yes, you must disclose the conviction. The Board of Nursing will file an Order to Show Cause against you seeking discipline. We will vigorously defend you and we will try to reach an agreement with the prosecutor that allows you to continue to practice nursing.

Q: I was fired from my job for falsifying records related to my job as a home care nurse. I admitted to my job that I did this and have recently received an Order to Show Cause from the Board of Nursing. Is it worth defending?

A: Absolutely. We have been very successful in reaching agreements with prosecutors that allow a nurse to continue in the profession even if the nurse has admitted to falsifying records. We will explain the circumstances around the misrepresentation and provide the appropriate mitigation evidence to make sure you are allowed to continue to practice the profession.

Q: I was recently terminated from my job as a nurse. I had a positive drug urine screen for a drug that I have a prescription for. My employer says I was under the influence and it is going to report me to the Nursing Board. What should I say to the Nursing Board?

A: It is in your best interest to retain an attorney right away. In situations like this, I will interview you, obtain all of your medical records and prepare you for when the Board of Nursing contacts you. I will not allow you to speak to any investigators from the board. We are often able to convince the prosecutor that a prosecution is not warranted. It is almost never in your best interest to speak to an investigator from the board without an attorney present.

Q: My supervisor at work accused me of diverting drugs from work and reported me to the state board. Should I talk to its investigator?

A: You should not speak to any investigator without first consulting an attorney. Anything you say can and will be used against you. It is important to consult an attorney to see if making a statement is advisable. You may also want an attorney present when this statement is made.

Q: An investigator from the Department of State has arrived at my house. He said he just wants to clarify a few issues. Do I need to speak to him?

A: Absolutely not. Do not allow the investigator into your house and do not speak with the investigator. Ask for his card with his contact information and consult with an attorney immediately. The attorney will speak with the investigator on your behalf. Anything you say to that investigator may be used against you.

Q: I have received an order in the mail ordering me to appear for a physical and mental examination before a psychiatrist. Do I need to attend?

A: Yes. If you fail to attend this examination, the prosecution will obtain an Order from the State Board suspending your license; however, you should consult an attorney before attending this examination so that you are aware of what will occur during the examination and the attorney can accompany you to the appointment.

Q: I was arrested on suspicion of driving under the influence and was placed in the Accelerated Rehabilitation Program (ARD), which I understand is not a conviction. Is my license in jeopardy?

A: ARD is not a conviction; however, when you renew your license, you may be asked if you ever received probation without verdict (ARD). A “yes” answer to this question may trigger an inquiry from the State Board, which may result in restrictions on your license. You should consult with an attorney before completing your professional license renewal application.

Q: I was recently convicted of a DUI and I received a letter from the Voluntary Recovery Program (VRP) advising me that if I am eligible for the program, I may not be prosecuted by the legal division. Should I apply to the VRP?

A: It depends on your individual situation. There are occasions when the criminal charges for which you have been convicted do not warrant a license prosecution and you may elect to decline the VRP. You should immediately contact a lawyer before speaking with any representative of the VRP or the Department of State.

Q: I have been contacted by my licensing board and accused of misconduct. Do I need a lawyer?

A: You are not required to hire a lawyer, but it is in your best interests to consult one. Anything you say to the board can be used against you. An attorney can speak with the board’s investigators to determine what the allegations are and what will be needed to prepare your defense.

Q: I am a doctor and have been arrested on suspicion of a violation of the Controlled Substances Act. Do I need to disclose this arrest to the Medical Board?

A: Yes. 40 P.S. § 1303.903 governs this question. A physician arrested on suspicion of a violation of the Controlled Substances Act must disclose this arrest to the Medical Board within 60 days of the arrest.

Q: I am presently in the VRP and have had several recent positive urine tests for drugs. I received an order suspending my license indefinitely. Do I have any defense to this or should I accept the suspension?

A: There may be mitigating factors in a relapse, which, if properly explained to the hearing examiner and board, may result in your suspension being stayed and being placed on probation. This would allow you to continue to work. There may also be problems with the urine screen test that may have resulted in a false positive.

Contact The Law Offices of Brian E. Quinn today if you have been approached about an action or behavior that threatens your professional standing. Ensuring the protection of your rights is important to us. We are happy to discuss your case with you and provide the legal defense you need through the administrative process. Call us toll free: 866-657-7318.