Per the Americans with Disabilities Act (ADA), diagnosable drug and alcohol addictions are recognized as disabilities. Further, the ADA prohibits discrimination against individuals with disabilities and ensures they have the same opportunities to engage in general societal activities, including employment. However, important caveats to this protection apply to licensed medical professionals. With that being said, please read on to discover what happens to your medical license if you have a known addiction issue and how one of the seasoned OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you address and rectify this problem before anyone gets hurt.
Why should I not practice medicine if I am struggling with an addiction?
Overall, licensed medical professionals are held to a higher ethical standard and responsibility. This is because their job performance directly influences a patient’s safety. With that being said, being under the influence of drugs or alcohol is known to hinder a doctor’s reflexes when physically handling a patient and judgment and cognitive abilities necessary to make informed decisions on patient care. Ultimately, this may result in serious consequences, such as a patient getting severely injured or even wrongfully passing away.
What happens to my medical license if I have a known addiction issue?
If you have admitted to yourself that you have a serious addiction issue, you must also confess to the New York State Committee for Physician Health (CPH). This Committee provides non-disciplinary, confidential assistance for medical professionals who are struggling with substance abuse. That is, they may recommend you to a certain rehabilitation program. And once you successfully complete it, they may advocate on your behalf to continue practicing medicine.
Coming forward yourself may be deemed more honorable than the state’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD) having to learn about your addiction issue through a filed complaint or, in a worst-case scenario, after someone has fallen victim to a medical malpractice accident while in your hands. In this manner, they may have no choice but to schedule a hearing, rule you guilty, and possibly temporarily suspend your license. This is, unless, they choose the more drastic measure of permanently revoking it.
Your license suspension may last anywhere from a few months to several years. But before your suspension can be officially lifted, you must prove to the OPMC or OPD Board that you have completed the imposed requirements during your probationary period. Mainly, it is likely that you had to attend and complete a specific rehabilitation program, and maintain your sobriety for a given timeframe. Even if they allow you to resume your medical practice, they may assign someone to monitor you at work, order you to undergo random drug and alcohol tests, and more.
If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to one of the competent OPMC/OPD misconduct defense lawyers for more information. The team at Walker Medical Law will be glad to represent you in your upcoming legal case.
