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Physician Granted License After Disclosure of Boating Under the Influence
An out-of-state physician applied for his medical license in California. Prior to medical school he had a charge of boating under the influence of alcohol (BUI). He pled not guilty and was allowed to plead to a boating offense without reference to alcohol and judgment was deferred with terms and conditions. Upon completion of the terms, the record was expunged and ordered sealed.
However, when the doctor applied for his initial license in another state, he was required to accept an initial probationary license with terms and conditions pertaining to alcohol abuse.
In California, a deferred entry of judgement case that is completed without a conviction generally need not be reported on a license application; however, the Board takes the position that it can use the information from an such an arrest to impose disciplinary action or deny a license under Bus. & Prof. Code Sec. 492.
In an effort to be transparent, the physician disclosed the boating matter and alcohol charges to the Medical Board. This would not likely have been a problem but for the initial probationary license he received in another state. The Medical Board's Licensing Division held his application for review and inquired about the status of his out-of-state probation. Our office engaged in written communications with Board staff in support of his application, emphasizing that in his case there was no actual conviction and the matter in question had occurred in the remote past.
Following several months of review, the physician was granted his "free and clear" California medical license.