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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

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Attorney answers 3

Posted

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.

mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Posted

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.

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Posted

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.

Asker

Posted

Its not me who is getting discharged, its the doctor I had an affair with. He is telling me that he is going through an NJP for it, and is scared that an OTH will affect his ability to practice in the civilian sector. I was raised in a military family and I thought you could only get an OTH or Dishonorable through court martial; he is trying to get me to recant and not cooperate with the investigation by saying he is going through an NJP & getting an OTH- so I just was curious if he's just telling me anything to make me feel guilty to recant.

William Emil Cassara

William Emil Cassara

Posted

He can not get an OTH by either a court-martial or NJP, but only through an administrative discharge, which will likely follow his NJP. Will it be reported to his licensing authority? I doubt it, but even if it were I doubt it would have any affect his medical license based solely on an adultery allegation. Now if you were a patient of his, the answer may well be different.

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