Does a nurse or physician self-report a DUI to the licensing board?

It can happen so easily, driving home from a graduation celebration on a Saturday evening, another car could run a red light and hit you. If the officer tests your blood alcohol content (BAC) and you are even one point above the legal limit, you may be arrested and cited with Driving Under the Influence (DUI). The Secretary of State may have duties and agreements with other state agencies to share information about drivers who, for example, hold professional licenses. When the Secretary of State shares the information about the arrest with the licensing board, they have several options. If you already self-reported the incident, any investigation by the licensing board may treat you differently, as opposed to hiding the information or failing to report. In any case, an experienced professional licensing attorney will be best able to advise you about how to handle the situation. Getting it wrong could damage your career for years to come.

With what are the Medical Licensing Board and the Illinois Department of Financial and Professional Regulation concerned?

The Illinois Medical Licensing Board (Board) and the Illinois Department of Financial and Professional Regulation (IDFPR) are responsible to the people of the State of Illinois, and they have a duty to screen and regulate licensed professionals to ensure that the individuals holding positions of public trust, such as a nurse or physician. While a licensed professional may make a mistake and receive a DUI citation, the state agencies have a duty to follow up and investigate as to whether the professional has a more serious problem that could jeopardize the health and safety of patients and the public.

Most professions have professional discipline rules that state a professional must self-report any incident of a violation of law, claims of malpractice, and anything else that could trigger an investigation or discipline, generally. Having said that, you do not need to call the licensing board from the jail or immediately when you get home. Before you do anything further with the situation, talk to a professional licensing attorney, because they can let you know what you are up against and how best to proceed, even with the DUI attorney if you hire one.

Michael V. Favia worked as a prosecutor for the Illinois Department of Professional Regulation and knows what to do when a licensed professional is cited for DUI.

Having served the State of Illinois as the former Chief of Prosecutions for the IDFPR, then called the Illinois Department of Professional Regulations, Michael V. Favia knows how the Board and Department operate, and conduct investigations and discipline. Favia has the benefit of that wisdom in defending professionals and advising them on proceeding with the state, ideally before an investigation starts in the first place.

Favia can help a nurse, physician or other licensed professional make decisions about how you plan to handle the aftermath of a legal problem like a DUI. In many cases, individuals chose to take a drivers safety course or some similar substance issues treatment, just to make sure they do not have a problem. To demonstrate to the state proactively that an individual does not have a problem or pose a risk to the public is good thing and can position you in a favorable light.

Michael V. Favia & Associates, P.C. represents Illinois-licensed professionals in actions involving the IDFPR. A former Chief of Prosecution with the Department, Michael V. Favia is well-known for his work on both sides of administrative licensing law.

Chicago health law and litigation attorney Michael V. Favia and his associates in several locations and disciplines, advise and represent licensed physicians in all types of litigation and administrative matters involving licensing and regulatory agencies.

Michael V. Favia and Associates, P.C. represents individual physicians and health care organizations in the Chicago area with a variety of legal matters. 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, please call (773) 631-4850, visit www.favialawfirm.com and feel free to “Like” the firm on Facebook and “Follow” the firm on Twitter. You can also review endorsements and recommendations for Michael V. Favia on his Avvo.com profile and on LinkedIn.

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