Chemical Dependency
The Leichter Law Firm's attorneys are devoted to providing quality representation to physicians who are undergoing legal problems with the Texas Medical Board with respect to licensure, their current license, a reciprocating state license and their practice due to chemical dependency / substance abuse.
 Whether in active addiction or in solid recovery the Texas Medical Board physician license renewal form poses a challenge as it asks questions about drug and alcohol use, associated criminal charges, treatment history and the involvement in an active program of recovery. Although a medical license applicant or licensee may have long-term sobriety, a positive response to any of the preceding questions may bring about an investigative inquiry and hearing into the physician or applicant’s present moral character and fitness. This is a difficult and uncertain process; however, experienced representation can assist in bringing about fair and equitable results for all involved parties. Sobriety can be suitably documented and the state of mind accompanying recovery can be honestly presented. Unfortunately, chemically dependent individuals are often their own worst advocates and frustration with the process and the dishonesty integral to active addiction taints a reviewing entity’s position on the applicant or licensee. Thus, forceful yet honest and straightforward representation by experienced legal counsel is a necessity for anyone undergoing an investigative inquiry or misconduct charges due to chemical dependency.
| "A proactive approach to addiction and recovery is usually the best stance to take when being investigated" |
A proactive approach to addiction and recovery is usually the best stance to take when being investigated or pursued by a state medical licensing board or agency such as the Texas Medical Board. Although all physician licensing agencies ask about drug and alcohol use as well as treatment history, a positive response will not blackball the applicant indefinitely unless the applicant is not sober or his history is coupled with a final conviction or probation for certain offenses. Alternatively, the posture of addiction and recovery offered as an explanation and mitigation for the crimes commission is often the best defense and explanation available. This strategy, however, is best prepared and presented with the aid of experienced and qualified legal counsel.
 Current practitioner’s often face the most difficult challenges when an investigation into their alleged intemperate use of drugs and alcohol or chemical dependency is initiated. Once initiated it is prudent for a physician to acquire legal representation immediately as the existence of an attorney / client relationship prohibits the Texas Medical Board’s investigators from contacting and questioning them directly. From this position it is much easier to plan and implement a defense whether it is mistake of fact or mitigation through the posture of recovery. Furthermore, proper documentation and the development of solid admissible evidence with any strategy is vital irregardless of the approach and this is best handled by an experienced attorney.
The Leichter Law Firm is especially sensitive to the needs and concerns of the chemically dependent licensed professional. Having worked with hundreds of recovering addicts and being active in the field of addiction Louis Leichter is a forceful yet understanding advocate for chemically dependent physicians. If you are faced with a board investigation or inquiry concerning addiction / alcoholism or intemperate use do not face it alone: we are our own worst advocates. Please seek competent, experienced legal representation to guide you through this difficult process. Often times the best explanation and advocacy can be submitted through a paper trail and evidence and demonstrations never even considered by the client. There is too much at stake when facing the extreme consequences of probation, suspension, revocation or denial to handle this issue yourself. Ask for help. |
