If you are a licensed professional, it reflects the hard work you put into earning the license that supports your career and your ability to provide for your family. If you’re facing a drug charge, the potential consequences include not only legal fines and penalties but also the risk of losing your livelihood and the culmination of everything you’ve worked so hard to achieve.

If this is the challenging situation you find yourself in, don’t wait to consult with a dedicated Round Rock drug charge attorney who has considerable experience successfully guiding complex cases like yours toward favorable resolutions.

The Suspension or Revocation of Your License

If you are convicted of a drug charge, your professional license can take a direct hit in the form of suspension or revocation – in addition to other potential sanctions. The licensing boards for a wide range of fields are responsible for upholding the integrity of the professions they represent, and as a result, they implement strict ethical standards.

These standards of conduct are designed to help ensure the public’s overall well-being. Any breach of the trust extended by the professional license can lead to suspension for a finite term or total revocation, which means no longer being able to practice in your field. A drug charge is an example of such a breach and can lead to either revocation or suspension.

As a professional, you're expected to comply with the standards imposed by your profession’s licensing body. A drug charge speaks to your disregard for the rules and regulations and the legal and ethical responsibilities that guide your profession.

Trust Is a Pillar of Professional Relationships

The public turns to professionals – such as medical and legal professionals, counselors, therapists, and social workers when they need skilled guidance and help in specific areas, and a cornerstone of these relationships is trust.

Professionals are authorities in their respective fields, and when consumers can’t rely on their professionalism, the integrity of the practitioner in question and the integrity of the profession overall is tarnished. Drug charges chip away at this essential trust and, consequently, are treated harshly.

If you are facing a drug charge – or have concerns that one may be forthcoming – taking the steps necessary to protect yourself and your career is paramount.

What You Do in Private

Many people mistakenly believe that what they do in their own homes or in private is their concern and shouldn’t affect their careers, but when it comes to the illegal use of drugs, this simply isn’t the case. Legal and social consequences apply, and your career could also be on the line.

The kinds of drug issues that can lead to career concerns range from the relatively innocent to the very serious. Consider the following:

• Having a bad reaction to a drug that was legally prescribed to you but that caused you to behave erratically

• Using a small amount of recreational drugs in the privacy of your own home

• Getting high with friends at a concert or party

• Using illegal drugs regularly

• Having a substance abuse problem or a full-on addiction

The licensing board for your profession won’t be monitoring you for drug use at home or on your personal time, but it will pay close attention if the effects of your drug use spill over into your professional duties. At this point, sanctions can apply.

Specific Drug-Related Concerns that Can Affect Your Professional License

The kinds of drug-related issues that are most likely to get in the way of your career include:

• The chronic use of drugs or alcohol that leads to substance abuse or addiction – at this point, your ability to effectively do your job is very likely to be affected

• Impairment on the job – if you display signs of impairment on the job or are caught using drugs on the job, it can lead to immediate disciplinary action

• The improper handling of medications by medical professionals, such as pilfering drugs for your own use

• A drug-related charge, arrest, or conviction

A Note about Medical Professionals

While licensure for any profession can be called into question regarding illegal drug use, the medical profession is most closely associated with serious censure, including:

• Doctors

• Nurses

• Nurse practitioners and PAs

• Psychiatrists

• Pharmacists

• Other healthcare professionals who prescribe or dispense medications

Healthcare professionals have more direct access to medications, which leaves them more vulnerable to drug abuse. As a medical professional, you’re also more likely to experience harsher penalties in the face of an alleged professional breach – due to the very real risk you pose to the public’s health, safety, and overall well-being.

Using Marijuana Legally in Another State

Although recreational marijuana has been legalized in many of our neighboring states, it remains illegal in Texas. As such, a marijuana charge in Texas can directly affect your professional license.

Many professionals wonder if using marijuana legally in a state that’s legalized its recreational use will have any bearing on their careers, and the fact is that it can. The law’s standards don’t bind licensing boards, and because they shoulder an immense responsibility to the public, they often employ harsher restrictions.

Marijuana that you smoked legally elsewhere can still show up on a drug test, which the licensing board for your profession is likely to take very seriously.

Licensing Boards Have Their Own Policies

Licensing boards employ rules and standards that often exceed the restrictions imposed by the law, which means they can address matters that aren’t necessarily illegal. As a licensed professional, you must accept the board’s standards, and if these include a restriction against substance abuse, the legality of the substance in question will have no bearing.

Alcohol, for instance, is not illegal, but you can lose your license in response to alcohol abuse.

Your Ability to Do Your Job

The licensing board is focused on your ability to do your job effectively while maintaining the public’s trust. Just because a drug is legal doesn’t mean it can’t impair your ability to perform your job at the highest level. This is not to mention the fact that it can mar your standing and credibility with your patients or clientele.

Events that Often Trigger Investigations

While a wide range of events can trigger investigations by professional boards in response to drug issues, some are more common than others. Consider the following:
 

• A drug charge, arrest, or conviction – in and of itself – can be all the grounds necessary for your license to be suspended or revoked.

• When a drug test at work leads to drug detection, your employer may report it directly to the licensing board.

• If you’re observed using drugs or are overheard talking about drug usage, the observer can report what they saw or heard to the licensing board.

• Coworkers and supervisors can also file complaints in response to alleged impairment on the job. Common causes include a perceived display of flawed judgment or erratic behavior or smelling of alcohol or marijuana.

If You Have a Drug Conviction in Another State

If you have a drug conviction in another state, it can prevent you from obtaining licensure in Texas. Licensing boards generally run criminal background checks, and your drug conviction in another state is public information.

Further, licensing boards typically require licensees to disclose any criminal convictions – whether you have one on your record at the time of application or are convicted during your tenure as a licensee. Failure to do so demonstrates a lack of professional integrity and wrongdoing that can cost you your license.

If a Complaint Has Been Filed Against You with the Licensing Board

While different licensing boards have their own protocols regarding the filing of drug-related complaints and attendant disciplinary actions, most follow the same basic outline.

The Investigation

The licensing board will begin with an investigation to ensure there is enough evidence to proceed, which is a requirement in response to complaints. In the process, you’ll likely be asked to respond to the complaint in question either in person or in writing. The board may also take the testimony of any witnesses and compile all relevant documentation.

Having skilled legal counsel in your corner at this juncture can make a serious difference in the outcome of the investigation.

The Option of a Consent Order

If the licensing board finds sufficient evidence that the complaint against you is valid, it may present you with the option of negotiating a consent order. This involves reaching a legally binding agreement between the licensing board, you, and the state, and it amounts to you admitting to the offense in question and accepting the disciplinary action the board prescribes.

Consent orders are designed to bypass the immense expense and time expenditure associated with formal hearings. Accepting the terms of a consent order without the informed guidance of a formidable drug-charge attorney is not in your best interests.

The Formal Hearing

If a mutually acceptable consent order can’t be negotiated, isn’t offered, or isn’t advised, the licensing board may call a formal hearing regarding the complaint made against you. This can lead to a requirement for either of the following:

• Your appearance in front of the board

• The appearance of you and the licensing board before an administrative law judge

Regardless of how your case proceeds, it’s always to your advantage to have a practiced drug charge attorney on your side.

The Final Determination

From here, the licensing board will decide whether or not they will be taking disciplinary action against you. Such actions can include a range of sanctions that extend to license suspension or revocation.

Appeal

At this point, you may have the right to appeal the licensing board’s decision to the appellate court – as long as you didn’t sign off on a consent order. Successful appeals, however, are generally based on the licensing board making a significant error during the proceedings.

Licensing boards have more flexibility when it comes to investigating complaints than the legal system does when it comes to investigating crimes. For example, the board may find that there simply isn’t enough evidence against you to proceed or that the violation in question doesn’t require disciplinary measures.

Penalties Other than License Loss

Not every incident involving illegal – or restricted – drug use leads to license loss. Other penalty options include:

• A license revocation for a specified period

• A License restriction that limits the professional services you can perform

• A probationary period in which your work will be monitored and check-ins will be required

• A reprimand that amounts to a warning

• Imposed fines and fees

• Imposed conditions that allow you to retain your license

Speak with an Experienced Round Rock Drug Charge Attorney Today

Brett Pritchard at The Law Office of Brett H. Pritchard is a well-respected Round Rock drug charge attorney who appreciates how important your professional license is to your future, and will fiercely advocate for your case’s best possible resolution. Learn more by contacting or calling us at 254-781-4222 to schedule your free consultation today.