PROFESSIONAL LICENSING CONSEQUENCES

Professional Licensing Consequences of Criminal Convictions or Domestic Violence Convictions

Doctors, nurses, health aides, dentists, attorneys, real estate brokers, beautician’s and massage therapists alike--If you’re charged and convicted of certain sexual or domestic violence offenses and you have a professional license, you could lose your license. At Rhodes & Meryhew we have experience in crafting solutions that enable many of our clients to remain in their professions even after being charged with a disqualifying offense. The key is understanding the rules and the consequences that result for our clients.

MEDICAL AND HEALTH CARE PROFESSIONALS WITH D.V. OR SEX OFFENSES

Convictions for most Domestic Violence offenses and for all sex offenses can have devastating effects on the careers of health care professionals particularly. If you are an M.D., R.N., L.P.N., D.D.S., or other licenses health care professional you cannot afford a conviction and you need to have the best representation available.

For example, RCW 43.43.842 provides that individuals who provide care to vulnerable adults must not have, among other things:

• An active protective order involving a vulnerable adult where they are the respondent.
• A conviction for a crime against a person, which includes most sexual crimes and misdemeanor and felony assault crimes.

There are similar provisions throughout the Revised Code of Washington for other licenses and professions. This can and does have a significant impact on health care practitioners of all forms including medical doctors, doctor of osteopathy and registered nurses accused of domestic violence. For recent examples see: www.doh.wa.gov

EDUCATORS AND TEACHERS CONVICTED OF SEX OFFENSES

Special rules apply to those in the education field. Teachers convicted of almost any sex offense and most domestic violence offenses will face trouble with the Office of the Superintendent of Instruction. For example, under RCW 9.96A.020, individuals convicted of pretty much any sex offense involving a child can be disqualified from their employment, including:

• Sexual exploitation of a minor
• Rape of a child
• Child molestation
• Sexual misconduct involving a minor
• Promoting prostitution of a minor
• Any other sexual offense under RCW 9A.44 involving a minor

If you are convicted of one of these offenses then you are disqualified from:

• Obtaining any educational certificate issued under RCW 28A.405 or RCW 28A.410.
• Being employed by a school district, educational service district, or a contractor who will have regularly scheduled unsupervised access to children.

Frequently Asked Questions Regarding Professional Licenses

How does Washington regulate discipline for professional licenses?

Washington has adopted two Uniform Acts that set forth the standards for disciplining individuals with professional licenses. One is the Uniform Regulation of Business and Professions Act (RCW 18.235); the other is the Regulation of Health Professionals—Uniform Disciplinary Act (RCW 18.130).

How can a sexual or domestic violence conviction affect my professional license?

Both the Uniform Businesses and Professions Act and the Uniform Health Professions Act provide that the “commission of any act involving moral turpitude, dishonesty, or corruption” that relates to the person’s profession or business operations constitutes “unprofessional conduct,” whether the act constitutes a crime or not. RCW 18.130.180 (health professions) (see above link for recent examples of disciplines); RCW 18.235.130 (business and professions). At the civil disciplinary hearing, evidence of any plea or conviction that produces a judgment and sentence becomes “conclusive evidence” of your conduct, and includes all instances in which a guilty plea, Alford or Newton plea, deferred sentence, or suspended sentence was entered.

If I’m convicted of a sexual or domestic violence crime, does that mean my license is automatically suspended?

For business and professional licenses ONLY: under RCW 9.96A.020, a person is not disqualified for a professional license (or state employment) simply because of a felony conviction, but the fact of the felony conviction may be considered in administering discipline. ** This provision does NOT apply to health care professionals regulated under RCW 18.130.

Which professional licenses fall within those laws?

Business and Professions Act (RCW 18.235.020)

• Architects and landscape architects
• Auctioneers
• Bail bond agents
• Camping resorts’ operators and salespersons
• Cemetery officials
• Collection agents
• Commercial telephone solicitors
• Cosmetologists, barber, manicurists, and estheticians
• Court reports
• Driver training schools and instructors
• Employment agencies
• For hire vehicle operators
• Funeral directors and embalmers
• Geologists
• Limousines
• Notaries
• Private investigators
• Professional boxing, martial arts, and wrestling
• Real estate appraisers
• Real estate brokers and salespersons
• Security guards
• Sellers of travel
• Timeshares and timeshare salespersons
• Whitewater river outfitters
• Home inspectors

Health Professions (RCW 18.130.040)

• Acupuncturists
• Animal massage practitioners
• Athletic trainers
• Chemical dependency counselors
• Chiropractors
• Dental hygienists
• Dietitians and nutritionists
• Dentists
• Denturists
• Emergency medical and ambulance services regulated under RCW 18.73 or 18.71.205
• Health care assistants
• Hearing and speech therapists
• Hypnotherapists
• Licensed mental health counselors
• Marriage and family therapists
• Massage operators and businesses
• Midwives
• Naturopaths
• Nursing home administrators
• Nursing assistants
• Nursing care providers
• Occupational therapists
• Ocularists
• Opticians who dispense
• Optometrists
• Orthotists and prosthetists
• Osteopaths
• Pharmacists
• Physical therapists
• Physicians
• Podiatrists
• Psychologists
• Radiologic technologists
• Recreational therapists
• Registered counselors regulated under RCW 18.19
• Registered nurses
• Respiratory care practitioners
• Sex offender treatment providers
• Social workers
• Surgical technologists
• Veterinarians
• X-ray technicians

Convictions for sexual and domestic violence charges extend far beyond jail time. Your livelihood can be at stake. Call attorneys who have knowledge and experience in these increasingly complicated area of law and work on these kinds of cases every day. Contact a lawyer at Rhodes and Meryhew LLP.