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Does the military notify state licensing agencies if a military doctor receives an other than honorable discharge?

Pensacola, FL |

the OTH discharge would be received through non judicial punishment (article 15) and NOT court marshal. the charges are conduct unbecoming of an officer an adultery

Attorney Answers 3

  1. The medical commanders report several things, because often this type of alleged misconduct can result in a loss of clinical privileges. Any adverse action regarding privileges ultimately becomes reportable to the data base by the Surgeon General after all due process and appeals have been complete.
    Not guaranteed, but certainly possible. 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

  2. All state licensing agencies are notified of any disciplinary action against any physician licensed in that state. Physicians not licensed in a specific state will be investigated by that state licensing agency for prior professional discipline as part of any licensing application process. Reportable prior discipline includes any sort of negative or disciplinary action while in military service as a physician.

    In some states, an administrative action (disciplinary action) based on a charge of adultery would be of no consequence to the state licensing agency because the nature of the allegation is unrelated to the usual duties and responsibilities of work as a physician. In other states, all violations of statutes, rules, or regulations, or any conduct inimical to "good order," is considered evidence of disrespect for authority and may be a problem for an applicant for state license as a physician.

    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.

  3. It depends on many factors, including whether patient care was at risk. It sounds like you are being administratively separated (you can not get an OTH through Article 15.) If so, you need to speak to a military lawyer immediately. Feel free to call or e-mail me for a free consultation where you can give me all the facts.

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