Impact of Drug Charges on Public Health Jobs in Connecticut

Drug crimes can impact your ability to work, depending on your job. Here, I explore the impact of a drug crime conviction on a public health job in Connecticut. In other words, as a doctor, nurse, or health professional with a state license, a drug crime can impact your license and livelihood.

Conn. Gen. Stat. § 19a-17. Disciplinary Action by Department, Boards and Commissions

(a)

Each board or commission established under chapters 369 to 376, inclusive, 378 to 381, inclusive, and 383 to 388, inclusive, and the Department of Public Health with respect to professions under its jurisdiction that have no board or commission may take any of the following actions, singly or in combination, based on conduct that occurred prior or subsequent to the issuance of a permit or a license upon finding the existence of good cause:
(1) Revoke a practitioner’s license or permit.
(2) Suspend a practitioner’s license or permit.
(3) Censure a practitioner or permittee.
(4) Issue a letter of reprimand to a practitioner or permittee.
(5) Place a practitioner or permittee on probationary status and require the practitioner or permittee to:

(A)

Report regularly to such board, commission or department upon the matters which are the basis of probation.

(B)

Limit practice to those areas prescribed by such board, commission, or department.

(C)

Continue or renew professional education until a satisfactory degree of skill gets attained. Also, this must happen in those areas which are the basis for the probation.
(6) Assess a civil penalty of up to twenty-five thousand dollars.
(7) In those cases involving persons or entities licensed or certified pursuant to sections 20-341d, 20-435, 20-436, 20-437, 20-438, 20-475 and 20-476, require that restitution be made to an injured property owner.
(8) Summarily take any action specified in this subsection against a practitioner’s license or permit upon receipt of proof that such practitioner has been:

(A)

Found guilty or convicted as a result of an act which constitutes a felony. This happens under different subsections. This includes (i) the laws of this state. Also, it includes (ii) federal law. Then, there is (iii) the laws of another jurisdiction and which, if committed within this state, would have constituted a felony under the laws of this state; or

(B)

Subject to disciplinary action similar to that specified in this subsection by a duly authorized professional agency of any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. So, the applicable board or commission, or the department shall promptly notify the practitioner or permittee that their license or permit got summarily acted upon pursuant to this subsection and shall institute formal proceedings for revocation within ninety days after such notification.

(b)

Such board or commission or the department may withdraw the probation. Also, this happens if it finds that the circumstances that required action got remedied.

(c)

Such board or commission or the department where appropriate may summarily suspend a practitioner’s license or permit in advance of a final adjudication or during the appeals process if such board or commission or the department finds that a practitioner or permittee represents a clear and immediate danger to the public health and safety if they are allowed to continue to practice.

(d)

In addition to the authority provided to the Department of Public Health in subsection (a) of this section, the department may resolve any disciplinary action with respect to a practitioner’s license or permit in any profession by voluntary surrender or agreement not to renew or reinstate.

(e)

Such board or commission or the department may reinstate a license that has been suspended or revoked if, after a hearing, such board or commission or the department is satisfied that the practitioner or permittee is able to practice with reasonable skill and safety to patients, customers or the public in general. Also, as a condition of reinstatement, the board or commission or the department may impose disciplinary or corrective measures authorized under this section.

(f)

As used in this section, the term “license” includes the following authorizations relative to the practice of any profession listed in subsection (a) of this section. First, (1) Licensure by the Department of Public Health; second, (2) certification by the Department of Public Health; and finally, (3) certification by a national certification body.

(g)

As used in this chapter, the term “permit” includes any authorization issued by the department to allow the practice, limited or otherwise, of a profession which would otherwise require a license; and the term “permittee” means any person who practices pursuant to a permit.

Conn. Gen. Stat. § 20-12f. Disciplinary Action Concerning Physician Assistants

The board shall have jurisdiction to hear all charges of conduct which fails to conform to the accepted standards of the physician assistant profession brought against persons licensed to practice as a physician assistant or holding any permit issued pursuant to section 20-12h or subsection (b) of section 20-12b.
The board may take any action set forth in section 19a-17 if it finds that a person licensed as a physician assistant or holding a permit issued pursuant to section 20-12h or subsection (b) of section 20-12b fails to conform to the accepted standards of the physician assistant profession.

Inappropriate Conduct

Conduct which fails to conform to the accepted standards of the physician assistant profession includes the following:

• Conviction of a felony.
• Fraud or deceit in professional practice.
• Illegal conduct.
• Negligent, incompetent or wrongful conduct in professional activities.
• Emotional disorder or mental illness.
• Physical illness including, but not limited to, deterioration through the aging process.
• Abuse or excessive use of drugs, including alcohol, narcotics or chemicals.
• Willful falsification of entries into any patient record.
• Possession, use, prescription for use, or distribution of controlled substances or legend drugs, except for therapeutic or other medically proper purposes.
• Misrepresentation or concealment of a material fact in the obtaining or reinstatement of a physician assistant license or permit.
• Finally, violation of any provisions of this chapter and section 21a-252.

The commissioner may order a license or permit holder to submit to a reasonable physical or mental examination if their physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17. Notice of any contemplated action under said section, the cause of the action and the date of a hearing on the action shall be given and an opportunity for hearing afforded in accordance with the provisions of chapter 54.