Chemical Dependency and License Defense
Louis Leichter, Attorney at Law, is a sole practitioner providing quality representation to healthcare professionals who are undergoing legal problems with respect to licensure, their current license, a reciprocating state license and their practice and employment due to chemical dependency. To learn more about how the Texas medical license defense attorneys of the Leichter Law Firm may be able to help you keep your firm and your license, please contact us today by calling 512-495-9995.
Chemical Dependency Defense
Whether in active addiction or in solid recovery, all license renewal forms pose challenges for chemically dependent health care practitioners. Specifically, the forms ask questions about drug and alcohol use, associated criminal charges, treatment history, and the involvement in an active program of recovery. Although a license applicant or licensed health care or mental health professional may have long-term sobriety, a positive response to any of the preceding questions may bring about an investigative inquiry and hearing into the licensee 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 facing misconduct charges due to chemical dependency.
A proactive approach to addiction and recovery is usually the best stance to take when being investigated or pursued by your state licensing board or agency. Although many 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’s history is coupled with a final conviction or probation for certain offenses. Moreover, these blackballing offenses vary from agency to agency, although a general guideline can be found in Chapter 53 of the Texas Occupations Code. 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 practitioners 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 licensed nurse to acquire legal representation immediately as the existence of an attorney/client relationship prohibits the nursing board from communicating with them directly. From this position it is much easier to plan and implement a defense. Furthermore, proper documentation and the development of solid admissible evidence with any strategy is vital, regardless of the approach, and this is best handled by an experienced attorney.
The Law Office of Louis Leichter 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 licensees and applicants. If you are faced with a board investigation or inquiry concerning addiction 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.
An allegation of chemical dependency can have serious ramifications on your ability to practice medicine, and could even cause you to lose your license. To discuss your case with an experienced Texas medical license defense attorney, please contact us today by calling 512-495-9995.