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Can a felon become a doctor?

Los Angeles, CA |

My husband has been convicted of a felony,it was posession of child porn. It has been 10 years and he has served 3 years probation. He never went to jail. My question is could he become an oncologist in the state of California? He was convicted in Louisiana but moved to California.

Attorney Answers 3

Posted

I would contact attorney Christine McCall. She specializes in licensing issues and is a frequent contibutor to AVVO questions. She is located in Pasadena.

Andrew Roberts

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Posted

Here is an excerpt from the Med Board's current official statement re recommended penalties for felony convictions not arising from practice as a physician:

"CONVICTION OF CRIME - Felony conviction substantially related to the qualifications, functions or duties of a physician and surgeon but not arising from or occurring during patient care, treatment, management or billing (B&P 2236)
Minimum penalty: Stayed revocation, 7 years probation
Maximum penalty: Revocation
Suspension of 30 days or more
Probationary restrictions to license pertaining to:
Community Service
Professionalism Program (Ethics Course)
Psychiatric Evaluation
Medical Evaluation and Treatment
Monitoring-Practice/Billing (if dishonesty or conviction of a financial crime) Victim Restitution

And here is the Board's statement re Sexual Misconduct:
Minimum penalty: Stayed revocation, 7 years probation
Maximum penalty: Revocation
Suspension of 60 days or more

Probation restrictions to license pertaining to:
Education Course
Professionalism Program (Ethics Course)
Professional Boundaries Program
Psychiatric Evaluation
Psychotherapy
Monitoring-Practice/Billing
Third Party Chaperone
Prohibited kinds of practice

California's Business and Professions Code provides that applicants for licenses may be subject to the same policy and practice standards adopted by the licensing Boards, commissions and agencies as the licensing authorities have adopted for discipline against professional licenses.

It will take more than a year; your husband will need the assistance of skilled and experienced professional licensing counsel; the initial result will not be better than a probationary (restricted) license. But if your husband is willing to commit the time, effort, and cost, it is not per se impossible unless there is a sexual registration requirement in place against him. A P.C. 290 registration requirement would preclude licensure as an MD in California.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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4 comments

Asker

Posted

So would he be likely to become an oncologist having to only serve as 3 years probation and registered as a sex offender?

Christine C McCall

Christine C McCall

Posted

Read the response again: If he is required by California to register as a sex offender, he will not obtain a California MD license.

Asker

Posted

no he was registered in Louisiana. he went to California would he then have to register as a sex offender in california since he already dude fostered in louisiana

Christine C McCall

Christine C McCall

Posted

What on earth is "dude fostered?" I can't cite specific authority, but my experience with the CA Med Board would cause me to expect that if the applicant must register in any state as a sex offender, then a California med license will not be given. At least not without a long and expensive court fight. Over the last 4 years, California licensing agencies have become increasingly concerned about license discipline and convictions and sentences from out of state. The trend is markedly toward giving full force and effect to such out of state events and actions, as if they has been imposed by California in the first instance. But that is just one attorney's expectation based on the very limited facts that you have made available.

Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Attorney McCall provides you excellent response. Also, take a look at the Calfornia Medical Board's web site at the link below.

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