Unfortunately, even in the modern world we live in today, there is still a slight stigma surrounding mental illnesses. This stigmatization may be particularly magnetized within the medical community. For this reason alone, many medical professionals may be afraid to disclose their history of mental health issues and struggle with their employers and colleagues. If you can relate to this, please read on to discover whether you can still practice medicine with a mental health condition and how one of the seasoned New York health care professional defense lawyers at Walker Medical Law can work to protect your livelihood.
Can I still practice medicine in New York State with a mental health condition?
First of all, you should know that the Americans with Disabilities Act (ADA) prohibits a medical professional’s license from being revoked simply because they struggle with a mental illness. This is to say that, yes, your ability to practice medicine is not contingent on your current mental health condition. But this is so long as you stay productive in treating and managing it.
For example, you should disclose your diagnosed mental disorder to your employer and your colleagues. With this, you should explain to them how this may affect your working capabilities from here to there, so they may assist you in still providing your patients with the utmost care. At the same time, you should consistently attend therapy sessions with a mental healthcare professional, and take prescription medications as directed.
This is because, if not kept under control, your mental health issues may get in the way of fulfilling your duty of care as a medical professional. In a worst-case scenario, your patients may get hurt as a result. Then, such a medical misconduct incident may lead to the state of your medical license being threatened.
Will I be asked about my mental health condition on my medical license application?
Of note, New York is one of the 21 states that will not ask about your history of mental health issues in your medical license application. The same goes for questions regarding your past physical impairments or substance abuse issues. However, the Board may still be entitled to ask about your current mental health condition. That is, if you are actively seeking treatment or managing a mental disorder. With this, you must answer openly and honestly. But, rest assured, you may back up your statement with reassurance that you have this issue under control.
This blog is just the tip of the iceberg when it comes to medical malpractice laws in New York State. So for more information, please reach out to one of the competent New York healthcare professional defense lawyers from Walker Medical Law today.