Dr. Conrad Murray is the physician convicted in the death of Michael Jackson and after being released from jail this week he wants to resume his medical practice. Murray is a Texas doctor and he is suing the Texas Medical Board for allegedly prematurely revoking his license to practice medicine in Texas. Murray contends that his 2011 California conviction is not final yet because he still has pending appeals and the matter is not final. Murray’s California medical license is currently suspended. Since Texas revoked his medical license, Murray fears California might also revoke his currently suspended license based on the Texas revocation[i].
Should Dr. Murray be allowed to continue practicing medicine in Texas when his conviction is from California? His attorney thinks so.
“”Anybody who wants to work in this country ought to be able to have the right to do so. Dr. Murray is like everyone else, in that he needs to be able to do his line of work,” said Charles Peckham, Murray’s attorney.[ii]” Court papers filed by Murray state, “The Texas Medical Board, in taking my license puts me in imminent harm of irreparable injury.[iii]”
It used to be the case that various states endorsed medical licenses from other states and reciprocity of a medical license from state to state is no longer common[iv]. Risks to the public associated with medical license reciprocity prompted a change in policy. Under a reciprocal license model, an unqualified or unlawful physician could move from state to state if they obtained licenses in other states based on a current home state medical license. Conversely, nowadays, state boards of medicine cooperate with and give a level of credit to one another’s actions including discipline. Evidence of discipline in one state can trigger discipline in another. If Dr. Murray is a treat to the people of Texas, likely California may consider whether a similar threat to the people of California warrants revocation of Murray’s medical license.
The Illinois Department of Financial and Professional Regulation can refuse to renew, suspend and revoke an Illinois professional license based on discipline in another state.
In Illinois, medical and other professionals who are disciplined in other states are often refused license renewals in Illinois[v]. For example, a Mount Prospect physician and surgeon’s Illinois license is placed in a refuse to renew status after the doctor was disciplined by the State of Alabama. In another example, a Pompano Beach, Florida physician and surgeon’s Illinois licensed was indefinitely suspended due to disciplinary action in Florida and Ohio. Refusals to renew and indefinite suspension decisions made by the Illinois Department of Financial and Professional Regulation can be challenged through hearings before the state.
State professional regulation departments take adverse action in not renewing, suspending and revoking licenses for a variety of reasons in addition to discipline in another state. A license can be affected by failure to comply with annual license renewal requirements including the payment of fees. Violations of probation, failure to pay child support and student loans can also cause license problems. Attorney Michael V. Favia, principal lawyer for Illinois Professional Licensing Consultants has decades of experience working in professional licensing law.
Michael V. Favia & Associates are available to assist with analysis and advice on a difficult IDFPR matter. With offices conveniently located in the Chicago Loop, Northwest side and suburban meeting locations, you can schedule a discrete meeting with an attorney at your convenience and discretion. For more about Michael V. Favia & Associates’ professional licensing work, please visit www.IL-Licensing.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter.
[i] The Washington Post: Texas doctor convicted in death of Michael Jackson sues state medical board over license. Associated Press, Oct. 31, 2013.
[ii] See Washington Post article herein.
[iii] See Washington Post article herein.
[iv] MedPro Central: Reciprocity and Endorsement of a State Medical License. By Jana Sheckler, Jun. 10, 2009.