Our healthcare law firm works with many healthcare providers who are applying for a new license with a medical board or who are renewing their current license with a medical board. A question that comes up is whether they need to disclose a criminal matter in their application. This blog covers two considerations that healthcare providers should consider when they potentially need to disclose a criminal matter on a licensing application. If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
First Consideration: Review the Questions in Your Licensing Application to Determine What Actually Needs to Be Disclosed.
Licensing application questions typically do not require healthcare providers to disclose every kind of offense, such as speeding tickets, but disclose certain kinds of offenses. Some questions require providers to disclose arrests, while other questions require providers to disclose convictions or guilty pleas but not arrests. Scrutinizing application questions is critical to ensure you are not inadvertently disclosing potentially harmful information that does not need to be disclosed.
Second Consideration: Review State Law and State Medical Board Regulations to Determine Whether Failing to Report a Criminal Matter Can Subject a Healthcare Provider to Discipline.
Healthcare providers licensed in any state are required to report certain matters to state medical boards on an ongoing basis. Each state has laws and regulations governing what criminal matters need to be reported to medical boards at any time. In Georgia, for example, physicians are required to report felony convictions to the Georgia Composite Medical Board within 10 days of the judgment but not arrests. Each state also has different timelines for reporting criminal matters, so it is important to review state laws and regulations to ensure you are complying with your reporting obligations. Failing to report certain criminal matters can subject healthcare providers to discipline from licensing boards for committing unprofessional conduct.
If you need assistance disclosing a criminal matter on a licensing application or would like to discuss this blog post, you may contact our healthcare law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship. All digital presentations by our firm or its attorneys are provided as a public informational resource. Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations. We do not routinely update such information. To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney. Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced. Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states. For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney.
