Disqualifying Criminal Convictions

STATEMENT ON DISQUALIFYING CRIMINAL CONVICTIONS

 

There are no offenses that automatically disqualify a person from holding or receiving a license from the Medical Board. 

The Medical Board may propose to deny an application, or place restrictions on a license, for a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction of any of the following:

  • a felony,

  • a misdemeanor committed in the course of practice, or

  • a misdemeanor involving moral turpitude. 

Conviction of a felony, a misdemeanor committed in the course of practice, or a misdemeanor involving moral turpitude are not automatically disqualifying. The Medical Board reviews the facts of each case on an individual basis. The conviction may or may not result in a proposed denial of licensure.

The Medical Board does not have authority to make a determination or take action until an application for licensure has been filed. Upon receiving information that an applicant has a criminal history, the Medical Board conducts a thorough investigation. The applicant is offered an opportunity for an administrative hearing if the Medical Board proposes to deny the application based upon the applicant’s criminal history. The decision whether to issue or deny the license takes into consideration the following factors:

  1. The nature and seriousness of the crime;

  2. The extent of the applicant's past criminal activity;

  3. The age of the applicant when the crime was committed;

  4. The amount of time that has elapsed since the applicant's last criminal activity;

  5. The conduct and work activity of the applicant before and after the criminal activity;

  6. Whether the applicant has completed the terms of any probation or deferred adjudication;

  7. Evidence of the applicant's rehabilitation;

  8. Whether the applicant fully disclosed the arrest or conviction to the board; and

  9. Any other factors the board considers relevant.

 

Please be aware of the following:

  • That a conviction does not disqualify a person from licensure does not guarantee that licensure will be granted. An applicant must meet all eligibility requirements to be granted a license.

  • Although the Medical Board may grant a license to an applicant who has a criminal conviction history, certain employers may restrict the licensee from working in certain settings.