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Criminal Defense

Professional License Defense for Healthcare Providers Facing Drug-Related Allegations

By June 23, 2024August 7th, 2024No Comments

Drug misuse continues to affect so many individuals and families across the country every year. According to data gathered by the U.S. Department of Health and Human Services, 61.2 million people (roughly 22 percent of the population) used illicit drugs in the past year. Moreover, 9.2 million people misused opioids in the past year, highlighting the prevalence of these controlled substances and the widespread impact these drugs have on families and communities. While the illegal drug market supplies a large quantity of these substances to U.S. residents, healthcare professionals sometimes find themselves caught up in drug-related incidents. Healthcare workers, including doctors, nurses, surgeons, and other hospital employees, tend to have access to controlled substances like opioids and other prescription or highly-regulated drugs. Although some healthcare workers find themselves entangled in unlawful activities like prescription drug fraud, others may face accusations of drug-related offenses simply because they have access to these controlled substances.

Facing allegations of drug crimes in Los Angeles County can be especially concerning for healthcare professionals—not only must you navigate the complexities of the criminal justice system, but you will likely face the potential loss of your professional license. If you are a healthcare professional in the greater Los Angeles County area and you need help defending yourself against a drug-related allegation, contact a highly qualified and experienced criminal defense attorney right away to discuss your options. Let’s take a closer look at what you can expect after you’re accused of a drug crime and the steps you can take to maximize your chances of obtaining a fair and favorable outcome.

Understanding Drug Offenses in Los Angeles County

Like most states, California takes drug-related offenses seriously. Healthcare providers who are accused of drug crimes can face any number of criminal charges, with penalties varying widely in duration and severity. Below are just a few of the most common criminal charges involving drugs and controlled substances that medical professionals face.

Prescription Drug Fraud Offenses

Many crimes involving healthcare professionals are concerned with allegations of prescription fraud. Prescription fraud occurs when a medical professional knowingly writes a prescription for a controlled substance that is not issued for a legitimate medical purpose or in the usual course of their professional practice. For example, a doctor or nurse who writes prescriptions for a close friend when they know that this friend has no medical need to use this medication can face criminal charges for this offense.

Drug Diversion Offenses

Another common offense involving healthcare professionals is drug diversion, which is the illegal distribution or abuse of prescription drugs. For instance, a nurse or healthcare worker who has access to controlled substances may remove some doses of a prescription drug from a supply cabinet and sell it for profit or consume it for personal use. Sometimes, these incidents can cause physical harm to patients who are unable to receive the medications they need because the healthcare worker either failed to administer the medication or replaced the medication with a different drug or substance.

Sentencing Guidelines for Drug Offenses in Los Angeles County

In recent years, a few states have attempted to reform the process and penalties for drug-related offenses to reduce the number of individuals incarcerated for long periods of time for nonviolent drug crimes. California’s sentencing guidelines for nonviolent drug offenses aim to provide offenders with the addiction treatment and counseling services they need (instead of imposing lengthy prison sentences). However, even though you may be sentenced to a drug diversion program without having to serve jail time, a conviction for a drug crime can still carry lasting consequences. For instance, if you are a healthcare professional facing drug-related charges, you will likely have to navigate the potential loss of your professional license. No matter what the specific factors of your case may be, it’s best to enlist the help of a dedicated and experienced Los Angeles County drug offense lawyer who can identify the most strategic path forward to enforce your rights and keep your future as bright as possible.

Navigating the California Medical Board Investigation Process

Medical professionals facing criminal charges in Los Angeles County must also navigate the California Medical Licensing Board investigation process. Depending on your position, the investigation may involve the Medical Board of California (physicians, surgeons), the Osteopathic Medical Board, the California Board of Registered Nurses, or another board overseeing a specific group of licensed professionals. Essentially, the licensing board will conduct its own investigation into the allegation that occurs independently of the criminal proceedings. It’s important to recognize that you may have to attend a formal hearing and potentially lose your professional license even if no criminal charges are filed. In other words, it’s possible for a doctor or nurse to lose their professional license even if criminal charges are not proven in court. Licensing boards adhere to their own set of rules and procedures for investigating and enforcing licensing matters.

Navigating two investigations at once—one involving a licensing board and one involving the California criminal justice system—can be overwhelming and intimidating. However, you do not have to go through this challenging process on your own. Consider enlisting the help of a highly qualified and knowledgeable Los Angeles County drug offense attorney who will answer your questions, address your concerns, and prepare you to move through each step of these processes with greater confidence. It’s key to recognize the importance of retaining experienced legal counsel to defend professional licenses and safeguard the livelihoods of healthcare professionals. With a vocal legal advocate by your side, you can maximize your chances of obtaining a fair and favorable outcome that keeps your future as bright as possible.

If you have been accused of a drug-related offense in Los Angeles County, you need immediate and reliable legal defense attorney services to enforce your rights and keep your future as bright as possible. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a highly qualified and trusted criminal defense lawyer.

Michael M. Levin, Esq.

Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More

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