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Substance abuse can impact all aspects of a person’s life. For licensed professionals, this includes their careers. Not only can substance abuse on the job lead to employment-related consequences, but substance abuse, both on and off the job, can have professional licensing consequences as well. An experienced Maryland employment lawyer discusses the issue.
How Substance Abuse Can Impact Your Professional License
As a general rule, professional licensees in Maryland are held to a duty of competence and a duty of care. This means that lawyers, accountants, doctors, nurses, architects, and other licensed professionals must ensure that they practice within their professional capabilities, and they must ensure that they exercise their professional capabilities when serving their clients or patients.
Substance abuse can impair licensed professionals’ ability to meet these duties—and when licensed professionals fall short of their duties, this can lead to professional discipline. Depending on the circumstances, substance abuse on or off the job could lead to:
- Private or Public Reprimand – Generally the lowest level of discipline in professional disciplinary proceedings, a reprimand is essentially a formal warning. Reprimands can be either public or private, and once a licensed professional receives a reprimand, this can increase the risk of facing more severe sanctions in the future.
- Probation – When a licensed professional is placed on probation, the professional is allowed to continue practicing subject to certain terms and conditions. In cases involving substance abuse, these terms and conditions may include refraining from further substance abuse, obtaining treatment and attending counseling.
- Suspension – A suspension is a time-limited prohibition on practicing within a licensed professional’s area of licensure. A professional license suspension can last from months to years and may be followed by a period of probation. Continuing to practice while subject to a suspension constitutes unlicensed practice, and this can lead to additional sanctions.
- Revocation or Disbarment – In the most severe cases, substance abuse and its consequences can lead to license revocation or disbarment. While licensed professionals can apply for reinstatement after a period of years in some cases (and may have grounds to file an appeal), revocation or disbarment can be permanent.
- Additional Sanctions – Along with these licensing-related sanctions, licensed professionals who are found responsible for allowing substance abuse to impact their practice may face additional sanctions as well. These may include an obligation to pay restitution to affected clients or patients, among others.
Licensed professionals in Maryland can find themselves facing sanctions for substance abuse in a few different ways. In some cases, clients or patients will file complaints. In others, professional licensing boards may receive reports from law enforcement authorities or other outside sources (i.e., in the case of a DUI). Licensed professionals often have an obligation to self-report complaints, arrests and other circumstances in which substance abuse impairs their professional practice as well. For those who have an obligation to self-report, failing to do so can increase the risk of facing substantial sanctions in a subsequent disciplinary proceeding.
Considerations for Licensed Professionals Dealing with Substance Abuse
With these considerations in mind, what should you do if you are struggling with substance abuse as a licensed professional in Maryland? Here are some important considerations:
1. Help is Available
Anyone struggling with substance abuse should get help as a first priority. Along with various forms of inpatient and outpatient treatment, licensed professionals can also seek help through their professional licensing associations in many cases. For example, the Maryland State Bar Association’s Lawyer Assistance Program (LAP) provides resources and support to lawyers who are struggling with substance abuse, and the Maryland Board of Physicians’ Maryland Physician Health Program (MPHP) provides similar support for health practitioners.
2. Self-Reporting May Be Necessary
If you have been arrested for DUI or drug possession, or if you have reason to believe that your substance abuse has impacted your professional practice, you may have an obligation to file a report with your licensing board. An experienced Maryland employment lawyer can help you determine if self-reporting is necessary and assist you with taking all necessary and appropriate action.
3. Professionals Have Several Options for Protecting Themselves During Disciplinary Proceedings
Finally, if you find yourself facing professional discipline related to substance abuse, you have several options for protecting yourself during your disciplinary proceeding. An experienced Maryland employment lawyer can assist you here as well, and at The Law Firm of J.W. Stafford, our lawyers have specific experience representing clients in professional licensing matters.
Schedule a Confidential Consultation with a Maryland Employment Lawyer at The Law Firm of J.W. Stafford
If you would like to speak with a Maryland employment lawyer who represents clients in professional licensing matters, we invite you to get in touch. Please call 410-514-6099 or contact us online to arrange a confidential consultation.