Criminal charges do not automatically mean a Georgia doctor will lose their medical license. But physicians should not assume that the Medical Board will simply wait for the criminal case to end.

A physician facing criminal allegations may find themselves dealing with two separate proceedings:

The criminal case AND a Georgia Composite Medical Board matter.

Those proceedings operate under different rules, serve different purposes, and can create very different consequences.

For a Georgia physician, successfully defending the criminal case is critically important—but protecting the medical license may require a coordinated strategy from the beginning.

Does an Arrest Automatically Cause a Georgia Doctor to Lose Their Medical License?

No.

An arrest is an allegation. It is not a conviction and does not establish that the physician committed the alleged offense.

A physician should therefore not assume that being arrested automatically results in suspension or revocation of a Georgia medical license.

But the analysis does not end there.

The Georgia Composite Medical Board has broad regulatory authority over physicians, and criminal allegations can potentially lead to Board scrutiny or investigation depending upon the circumstances.

The Board identifies criminal violations among matters that can warrant formal investigation.

The important distinction is:

An arrest does not automatically equal license discipline—but a criminal case can create a separate licensing problem.

Can the Georgia Medical Board Investigate a Doctor Before the Criminal Case Is Over?

Potentially, yes.

A Medical Board proceeding does not necessarily have to follow the same timeline as the criminal prosecution.

That creates a difficult strategic situation.

The physician may simultaneously have Conaway & Strickler, PC assist with:

prosecutors, agents and investigators and also the the licensing matter requiring interaction with the Georgia Composite Medical Board.

Those proceedings should be coordinated carefully.

Be Careful About Explaining the Arrest to the Medical Board

Physicians are trained to document, explain, and solve problems. After an arrest, that instinct can sometimes create additional risk.

A doctor may want to immediately write a detailed explanation establishing why the allegations are wrong.

That explanation could become important.

But when a criminal investigation or prosecution remains pending, counsel should consider how substantive statements concerning the allegations could affect the criminal case.

The physician may have constitutional protections in the criminal proceeding that do not translate neatly into a professional licensing investigation.

A statement intended to save the medical license should not inadvertently damage the criminal defense.

This is one of the strongest reasons for retaining counsel early on.

What Can the Georgia Medical Board Do?

The consequences of a Board proceeding depend upon the facts, applicable law, and procedural posture.

Potential professional consequences can include conditions or restrictions on practice, probation, suspension, surrender, revocation, and other disciplinary or remedial action authorized by Georgia law.

Not every complaint or investigation results in public discipline.

But once a matter develops into formal public disciplinary action, the consequences may extend beyond the Georgia license itself.

Public discipline can potentially affect credentialing, employment, hospital privileges, other state licenses, malpractice coverage, and future professional opportunities.

Can the Medical Board Act While Criminal Charges Are Still Pending?

The existence of an unresolved criminal case does not necessarily mean that licensing issues must remain frozen until the prosecution ends.

The Georgia Composite Medical Board’s published orders demonstrate that interim restrictions can arise while criminal charges remain pending.

That does not mean that every physician who is arrested will have their license suspended.

The nature of the allegations matters enormously.

A criminal allegation involving medical practice, patient safety, controlled substances, fraud, dishonesty, impairment, or other conduct directly connected to professional responsibilities may present different licensing issues from an unrelated allegation.

The individual facts matter.

What Types of Criminal Charges Can Create Medical-License Problems?

There is no single category of criminal charge that automatically determines the outcome of a Georgia licensing matter.

But allegations that can raise significant professional concerns include:

• health care fraud;
• Medicare or Medicaid fraud;
• unlawful prescribing;
• controlled-substance diversion;
• prescription fraud;
• theft or embezzlement;
• false statements and fraud offenses;
• patient abuse or neglect;
• sexual offenses;
• criminal allegations involving patients;
• offenses allegedly committed through the medical practice; and
• substance-related allegations that raise questions concerning professional practice or patient safety.

The connection between the alleged conduct and the practice of medicine may be particularly important.

What About a DUI Arrest?

A DUI arrest should not automatically be equated with loss of a medical license.

But depending upon the circumstances, a DUI or other substance-related case can raise issues extending beyond the traffic or criminal proceeding.

For example, facts suggesting impairment in connection with patient care or a broader professional-practice issue could create different concerns from an isolated allegation unrelated to medical practice.

The individual circumstances should be evaluated rather than assuming that every DUI produces the same licensing result.

What If the Criminal Charges Are Dismissed?

A dismissal is obviously significant to the criminal case, but physicians should not automatically assume that every licensing issue disappears solely because prosecutors dismiss the charge.

The criminal justice system and professional licensing system apply different procedures and standards.

Conversely, an arrest or allegation should not be treated as proof of professional misconduct merely because it occurred.

Counsel should determine whether a licensing investigation exists and, if so, what steps are necessary to bring it to a favorable conclusion after the criminal matter is resolved.

A Plea Agreement Must Be Reviewed for Medical-License Consequences

This is one of the most important considerations for a physician charged with a crime.

Imagine that the prosecutor offers:

No jail. Reduced charge. Probation. Case closed.

For some clients, that might sound like an excellent resolution.

A physician needs to ask another question:

“What does this plea do to my medical license?”

The exact offense, statutory language, factual basis, plea terminology, and ultimate disposition can potentially affect professional consequences.

The answer should be investigated before the physician enters the plea.

Once a plea has been entered and sentence imposed, attempting to undo an unexpected professional consequence can be considerably more difficult.

Could Medical Board Discipline Affect Hospital Privileges?

Potentially.

A licensing action can create consequences outside the Medical Board proceeding itself.

Hospitals, employers, insurers, and credentialing organizations may have disclosure requirements concerning disciplinary actions.

Certain adverse professional actions may also implicate reporting requirements involving the National Practitioner Data Bank.

This creates a potential domino effect:

Criminal case → licensing proceeding → professional discipline → credentialing or privileges issues.

Avoiding or minimizing that cascade requires thinking several steps ahead. It is important to divulge the arrest and surrounding circumstances on all applications for renewal. Conaway & Strickler, PC can assist with these applications.

What Should a Georgia Doctor Do Immediately After an Arrest?

First, do not assume the criminal case and medical license are separate problems that can be addressed independently.

Before making substantive statements concerning the allegations, the physician should determine what criminal, licensing, employment, credentialing, and reporting obligations may apply.

Physicians should also preserve relevant records and communications and should never alter medical records, create misleading retrospective documentation, destroy evidence, or attempt to influence potential witnesses.

And before accepting any criminal disposition, the physician should understand what that resolution may mean for the medical license.

The Goal Is to Protect Both the Criminal Case and the Medical Career

A physician facing criminal charges has often invested more than a decade in education and training before beginning independent practice.

The consequences of a criminal case therefore cannot be measured solely by the potential sentence.

At Conaway & Strickler, P.C., we understand that representing a physician requires looking beyond the criminal courtroom.

When a Georgia doctor is arrested or placed under investigation, the defense strategy should consider:

the criminal allegations, the Georgia medical license, DEA registration where applicable, hospital privileges, credentialing, federal health care program participation, and the potential long-term impact on the physician’s career.

Georgia Doctor Arrested or Under Investigation? Talk to Counsel Before You Talk to Anyone Else About the Allegations.

If you are a Georgia physician who has been arrested, charged with a crime, contacted by law enforcement, served with a subpoena, or learned that you are under criminal investigation, do not wait until the criminal case is resolved to determine what it means for your medical license.

The decisions made early in the case can affect both proceedings.

Conaway & Strickler, P.C. represents physicians and other professionals facing serious state and federal criminal investigations and prosecutions in Georgia.

If your freedom, medical license, professional reputation, and career are at stake, the defense needs to account for all of them.

Contact Conaway & Strickler, P.C. to discuss the criminal case and the potential consequences for your Georgia medical license before making decisions that may be difficult—or impossible—to reverse.

Frequently Asked Questions About Georgia Medical Licenses and Criminal Charges

Does an arrest automatically cause a Georgia doctor to lose their medical license?

No. An arrest is not a conviction and should not be treated as an automatic license revocation. Criminal allegations can, however, potentially lead to investigation or other action by the Georgia Composite Medical Board depending upon the circumstances.

Can the Georgia Medical Board investigate a physician while criminal charges are pending?

A licensing matter can potentially proceed while a criminal matter remains unresolved. This makes coordination between the criminal-defense and licensing strategies particularly important.

Should I respond to the Medical Board without a lawyer if criminal charges are pending?

A physician should consider obtaining legal advice before making substantive statements about allegations that are also the subject of an active criminal investigation or prosecution. Statements made in one proceeding can potentially have consequences in another.

Can a felony conviction affect a Georgia medical license?

Yes. A felony conviction can have significant professional-licensing consequences. The specific consequences depend upon the offense, facts, applicable Georgia law, and action taken by the Georgia Composite Medical Board.

Will a DUI cause a Georgia physician to lose their medical license?

A DUI arrest does not automatically mean a physician will lose a medical license. The particular circumstances, including whether the allegations implicate professional practice or patient safety, can matter.

What happens if the criminal charges against the doctor are dismissed?

Dismissal of the criminal charge is highly significant but does not necessarily answer every question in a separate licensing proceeding. If a Board investigation has already begun, counsel should determine what remains necessary to resolve it.

Should a physician consider medical-license consequences before accepting a plea?

Absolutely. A proposed plea should be analyzed for licensing and other professional consequences before it is entered. A resolution that appears favorable from a sentencing perspective may have separate consequences for a physician’s career.