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I was arrested. Is my professional license at risk?

Physicians and others who hold a medical license can put these licenses at risk if they do not follow applicable regulations. Texas law gives the Texas Medical Board (TMB) the power to suspend, revoke or deny licensure in certain situations.

This can include the conviction of certain crimes.

But does an arrest automatically mean your license is at risk?

The answer to this question will depend on the details of the situation. We will dive into some recent cases to help examine the possibilities.

The Texas Medical Board (TMB) addressed this question in four different cases so far in 2022. Here is how they handled each type of situation.

  • Sexual assault. Allegations of sexual assault by patients that were brought before the TMB resulted in a temporary suspension of the accused’s medical license.
  • Aggravated sexual assault. Those arrested for aggravated sexual assault faced an immediate, temporary suspension without notice.
  • First-degree felony. An arrest for a first-degree felony like allegations of murder or sexual abuse led to a temporary suspension without notice.

These temporary suspensions resulted in a hearing with the TMB to further discuss the matter. The TMB states it provides the individual with 10 days notice of the hearing and that it will move forward unless that individual waives the hearing.

At this hearing, each physician could counter the TMB’s decision and fight for the reinstatement of their medical license.

It is important to note that not every case will progress in the same manner as those outlined above. This is simply a sample group from the first few months of 2022.

How will these cases fare for the physicians?

The exact outcome will depend on the details. We do know that Texas state law gives the TMB the power to revoke a license when the state convicts the individual of a number of crimes including first degree felonies.

Attorney John Rivas is responsible for this communication