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Defending Your Indiana Medical License After a DUI 

While it’s not something that is discussed every day, one of the biggest threats to an Indiana medical license is a DUI arrest. Beyond the immediate legal ramifications, a DUI can jeopardize the hard-earned medical license you’ve spent years, if not decades, achieving and nurturing. It raises questions about your professionalism and reliability, potentially derailing the career you’ve diligently built.  

In Indiana, the repercussions of a DUI on your medical licensure can range from reprimands to probationary conditions to outright revocation, each carrying significant implications for your ability to practice and make a living. 

At the Law Office of Keffer Hirschauer LLP, we understand the gravity of such situations and the profound implications they may have on your medical license and, by extension, your career, reputation, and life’s work. 

Our seasoned team of litigators brings a depth of experience to the table, particularly in navigating the nuanced intersections of criminal defense and professional licensing matters. With leadership comprising two former FACT Team prosecutors, who are well-regarded members of the National College of DUI Defense, our firm is uniquely equipped to address the multifaceted challenges presented by DUI charges for medical practitioners. 

So, if you’re a medical professional who has been arrested for a DUI in Indiana, do not hesitate to contact the Indiana medical license defense attorneys at Keffer Hirschauer LLP. Our attorneys practice both criminal and license defense, and thus can craft a comprehensive defense strategy that considers both the immediate legal challenges and the long-term implications for your medical license and career. 

To speak with a defense attorney today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Indiana Professional License Defense Attorneys

The Standards of Practice for Indiana Physicians 

Physicians holding an Indiana Medical License are bound by two separate standards of practice: the Health Professions Standards of Practice and the Standards of Professional Conduct and Competent Practice of Medicine. The Health Professions Standards, which can be found in Indiana Code 25-1-9-4, pertain to all licensed healthcare professionals; while the Standards of Profession Conduct and Competent Practice of Medicine, found in 855 IAC 5, pertain only to physicians.  

The Health Professions Standards of Practice includes some rather broad prohibitions, such as “failure to keep abreast of current professional theory or practice.” It also includes some rather clear prohibitions, “engaging in sexual contact with patient,” or “fraudulent billing practices.” However, as it relates to an Indiana Medical License and a DUI arrest, the standards clearly state that licensed healthcare professionals may have their license called into question by the Indiana Medical Licensing Board if they’re convicted “of a crime that is harmful to the public,” or “convicted of a crime with a direct bearing on one’s ability to continue to practice competently.” In addition, the standards also state that a physician’s Indiana medical license may be at risk if they’re found to “be addicted to, abusing, or having a severe dependency on alcohol or drugs that may impair their ability to practice safely.” 

The Standards of Professional Conduct and Competent Practice of Medicine, on the other hand, sets forth a variety of professional practices and behaviors that licensed physicians in Indiana must abide by in order to stay in compliance with the medical license. The standards broadly cover professional conduct; the appropriate use of the internet in medical practice; prescription practices, procedures performed in office-based settings that require moderate; general or regional anesthesia; and telehealth services. While these standards do not touch on the impact of a DUI on a medical license in Indiana, they’re still valuable to review and understand.  

Examples of Standards of Professional Conduct and Competent Practice of Medicine 

  • Practitioners must maintain patient confidentiality 
  • Practitioners must provide patients with truthful, candid and reasonable information 
  • Practitioners shall report illegal, unlawful, incompetent, or fraudulent conduct in the practice of medicine to appropriate authorities 
  • Practitioners shall refrain from providing treatment or issuing a prescription based solely on an online questionnaire or consultation 

Administrative Procedures for Investigating DUI Arrests 

When a person with an Indiana medical license is arrested for a DUI, the Medical Licensing Board is typically made aware via the license holder’s positive answer questionnaire during renewal or through self-reporting. From there the Board or the Indiana Attorney General’s Office will investigate the matter, and possibly reach a settlement with the license holder. However, if no settlement is reached, the Board may proceed to conduct an administrative hearing on the matter. At this hearing, the Board will hear and review all available evidence and ultimately, decide whether disciplinary action is warranted, and if so, to what degree.   

Although hearings before the Medical Licensing Board are not criminal proceedings, practitioners are still entitled to due process, including the right to legal representation and the right to call and cross-examine witnesses. Ideally, a physician facing disciplinary action by the Board would hire an Indiana professional license defense attorney to represent them in the hearing. This would ensure that the process is being handled by someone with past experience navigating such administrative matters, and that everything is being done to protect their Indiana Medical License. 

Disciplinary Actions Against an Indiana Medical License for a DUI Conviction 

As clearly stated in Under 844 IAC 5-1-3, failure to comply with the standards set forth in the Health Professions Standards of Practice or the Standards of Professional Conduct and Competent Practice of Medicine can result in disciplinary action being taken against a licensed physician in Indiana. Per Indiana Code 25-1-9-9, the range of sanctions that can be imposed by the Medical Licensing Board include: 

  • Permanent revocation of a practitioner’s license. 
  • Suspension of a practitioner’s license. 
  • Censure of a practitioner. 
  • Issuance of a letter of reprimand 
  • Placement of the practitioner on probationary status with requirements to: 
  • Report regularly to the Board upon matters that are the basis of probation 
  • Limit practice to those areas prescribed by the board 
  • Continue or renew professional education 
  • Perform or refrain from performing any act that the board considers appropriate to the public interest to the rehabilitation or treatment of the practitioner 
  • Assess a fine against the practitioner in an amount no greater than $1000 for each violation 

The disciplinary actions against an Indiana Medical License for a DUI will vary, depending on the circumstances of the conviction and the history of license holder. For first-time DUI arrests, the Board may elect to simply reprimand the practitioner or issue them a fine. While this may not seem like a harsh penalty, it’s important to understand that these types of actions are public information. This means that any action taken against a medical license can be accessed by colleagues, potential employers, patients, and other members of the community. In other words, a physician’s reputation may be directly affected by disciplinary action(s), regardless of how severe they may be.  

Serious violations, on the other hand, can completely derail a physician’s career. Given this, any practitioner who answered in the affirmative on their license renewal questionnaire; has been charged with or convicted of a DUI; or has been accused of any other sort of misconduct should contact an Indianapolis medical license defense attorney as soon as possible. 

The Importance of Hiring an Indiana Medical License Defense Attorney 

Situations involving an Indiana Medical License and a DUI conviction are incredibly high stakes, and thus legal representation by an experienced defense attorney who is well-versed in both criminal defense and professional licensing issues is a necessity. The Indianapolis medical license defense attorneys at Keffer Hirschauer LLP don’t just represent physicians; they advocate for their future. Our attorneys’ dual expertise in drunk driving defense and professional licensing matters allow them to craft comprehensive defense strategies that consider both the immediate legal challenges and the long-term implications for their client’s career. 

Remember, the consequences of a DUI arrest on your medical licensure are too significant to leave to chance. Partner with a legal team that understands the intricacies of your profession and is committed to protecting the career you’ve worked tirelessly to build. Let the skilled litigators at Keffer Hirschauer LLP navigate the legal complexities for you, ensuring that you can continue to do what you do best: caring for others. 

Is Your Indiana Medical License at Risk Following a DUI? 

In sum, facing a DUI arrest as a medical professional in Indiana is not just a legal hurdle; it’s a formidable threat to the very foundation of your medical career. The repercussions of a conviction can resonate far beyond the courtroom, potentially unraveling the fabric of your professional life and leaving your hard-earned medical license in jeopardy. This is a scenario where the stakes are exceedingly high, and the complexity of navigating both the criminal and professional aspects cannot be underestimated. 

This pivotal moment demands more than just legal representation—it requires the expertise of attorneys who are adept in both criminal defense and professional license defense. The dual-focused approach ensures that every angle of your case is meticulously managed, with a keen understanding of how criminal charges intersect with professional licensing matters

At the Indianapolis Law Office of Keffer Hirschauer LLP, we bring a wealth of experience, a deep understanding of the law, and a proven track record of protecting and preserving the careers of medical professionals facing DUI charges. Our unique blend of expertise makes us the indispensable ally you need during such a critical time. 

Don’t let a DUI arrest derail the career you’ve devoted your life to building. Secure your future by entrusting your defense to a legal team that comprehends the full scope of what’s at stake and knows how to navigate the intricate pathways of criminal and professional license defense. Your career is too valuable, and your contribution to the medical field too important, to settle for anything less than the exceptional defense strategy and representation offered by Keffer Hirschauer LLP.  

To begin addressing this matter today, call 317-857-0160 or complete our online contact form to schedule a free consultation. 

Summary
Defending Your Indiana Medical License after a DUI
Article Name
Defending Your Indiana Medical License after a DUI
Description
This article discusses how to defend an Indiana medical license following a DUI
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Keffer Hirschauer LLP

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