Criminal charges which are associated with drugs and substance abuse include driving under the influence (DUI), misappropriating medications for personal use and possession of illegal drugs.
Driving Under the Influence Charges
A DUI can put your California professional license and the hard work you invested to receive it, all at risk. If you are a professional who has been arrested for a DUI, it is imperative to hire an attorney with expertise in both criminal law and professional licensing law who can uniquely understand the impact of a DUI on license defense. Your attorney will represent you throughout the DUI process and necessary disclosures to California licensing authorities.
DUI charges are serious. Most state licensing boards now automatically receive notification of criminal proceedings against their license holders as a result of online database connections between state and local government agencies now possible with the internet. Often the outcome of your DUI criminal face has significant implications for the outcome your licensing case. After a DUI conviction, a licensing authority may file an accusation against your professional license calling for revocation or suspension of your nursing license. Don’t be fooled by criminal attorneys who say they can “help” with your license defense case when they have no expertise in this area of administrative law.
If you are faced with DUI or substance abuse criminal charges as well as revocation or suspension of your professional license, you need to hire an attorney who has experience handling both criminal cases and licensing defense.
Misappropriating Medications for Personal Use
Failing to waste medications and controlled substances is another serious charge for nurses. After nurses sign out medications at a Pyxis SupplyStation, use them on patients and chart and document their use, any excess drugs must be wasted per hospital policy. The Board of Registered Nursing (BRN) will otherwise assume that failure to waste is because you stole the drugs. It is up to you and your legal defense to prove that this resulted from other causes such as Pyxis machine problems or failing to chart that you wasted the drugs.
Your legal team can fully investigate issues such as the possibility that the Pyxis SupplyStation for automatic dispensing was cyber hacked or poorly maintained or that you were not adequately trained in how to use Pyxis. Having an experienced attorney is critical in order to review your medical records, interview your colleagues, get records of Pyxis maintenance and provide appropriate evidence at your hearing.
Because of HIPAA regulations which preclude you from retroactively amending medical records of a patient once you have left the medical facility, this type of discovery and evidenced-based research is critical to your case. Hiring an experienced licensing lawyer puts you in control of your legal situation.
Lucy S. McAllister is that attorney in California. Her deep expertise working in criminal defense as well as licensing law enables her to be a valuable client representative for clients with a DUI or substance related criminal charge. We work with our clients to make sure they receive quality counsel and advice in the face of licensing authority disciplinary hearings and get the help that they need to identify meaningful substance abuse rehabilitation programs so that they can show progress around issues to licensing authorities and defend their licenses.
If you have been accused of criminal charges and your California license has been placed in suspension, revoked or your application for a license has been denied, contact the Law Offices of Lucy S. McAllister immediately.