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Doctors, Dentists, Lawyers, Nurses and Pharmacists Charged with DUI

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We have been quite effective in representing doctors, dentists, lawyers, nurses, and pharmacists for Ohio DUI. In fact, more of our DUI clients have never been turned in to their respective board for disciplinary action.

Without a doubt, the Ohio State Medical Board, Dental Board, Pharmacy Board, Nursing Board, Accounting and Ohio Supreme Court take an aggressive stance on their licensees who are triggering the DUI laws of Ohio. One DUI does not make a problem - two DUI's are a major problem. How do you avoid having two DUI's? Keep the first one off your record.

Medical Doctors / Residents -

A physician licensed by the State Medical Board who suffers from impairment of ability to practice according to acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs, alcohol, or other substances that impair ability to practice is in violation of Section 4731.22(B)(26), Ohio Revised Code, and subject to Board disciplinary action. Any Board licensee having knowledge of such a violation is required by Section 4731.224(B) to report that information to the Board. In 1987, however, the Ohio General Assembly carved out a one time "one bite" exception, whereby an impaired physician may escape Board intervention, and the physician's colleagues may be excused from reporting the physician's impairment, so long as the physician has completed treatment with a Board approved treatment provider and maintained uninterrupted sobriety, and violated no other provisions of the Ohio Medical Practice Act. In addition, the physician must adhere to all other statutory requirements.

The State Medical Board recognizes that resident physicians practicing under training certificates are entitled to the protection of the One Bite Rule to the same extent as are fully licensed physicians. Both fully licensed physicians and residents practicing under training certificates are excused from reporting their impairment when renewing their certificates so long as they continue to adhere to the requirements of the statutes and rules. Physicians seeking new Ohio licensure, however, have never been granted "one bite", and are expected to report their status in applying for licensure. The Board will generally require some period of probation as a contingency to licensure if an applicant has been impaired and is unable to document at least five years of uninterrupted sobriety at the time of application.

Physicians practicing under training certificates frequently decide to apply for full Ohio licensure after a year or two of residency training. Although these physicians do receive new "full" licenses, the State Medical Board does not view them as new licensure applicants for purposes of the One Bite Rule. A physician who enters treatment for chemical dependency while in residency under a training certificate need not report his or her impairment when applying for full licensure so long as the physician continues to qualify for the one bite exception by completing treatment and complying with aftercare requirements. If the physician is required to respond in the affirmative to any of the other "Additional Information" questions on the application (e.g.- the physician was placed on probation by his or her postgraduate training program) the Board will generally license the physician without restrictions or probationary terms if investigation reveals that the problem requiring the affirmative answer would not have occurred but for the physician's impairment.

Lawyers - there is no annual or biannual self-reporting requirement for lawyers. However, if we believe a lawyer-client is impaired by alcohol or other drugs, we will seek immediate assistance with Ohio Lawyers Assistance Program (OLAP). This confidential program helps lawyers in recovery. Lawyer-clients who present with an isolated arrest we will typically just have a candid conversation and go from there.

For more information on Lawyers and Ohio DUI cases, click on Lawyers and Ohio DUI

Nurses -
Grant / Riverside does not have a mandatory reporting requirement for DUI arrests. However, every case requires a review of this policy. We will review any policies from the Nursing Board and/or the hospital or medical practice in which our nurse-client is employed for purposes of determing reporting requirements.

Pharmacists / Candidates - the Pharmacy Board in Ohio takes a very tough stance on crimes involving drugs, alcohol, and impaired judgment. Depending upon your record of arrests (not just convictions), we will take the necessary step to mitigate and protect your professional license.

Other Professions -There are unique issues that need to be addressed for the Professions. Remedial steps will need to be taken to possibly disclose the arrest and/or get an assessment to rule out alcohol / drug abuse or dependence.

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