Legal Aspects of Healthcare
Brett R. Myers Module 2 SLP BHM 443: Legal Aspects of Healthcare Dr. Holly Orozco 25 October 2010 Brett R Myers BHM 443 Dr. Holly Orozco There are 2 classifications of crimes that criminals in the United States can be charge with either a misdemeanor or a felony. Depending on what state someone commits a crime determines what classification of crime they are charged with. Many states take the crime and the max incarceration period into consideration when determining what to classify ones crime as.
If one is charged with a misdemeanor they normally will not be incarcerated for longer than a year. Examples of misdemeanors are theft under a certain dollar amount, vandalism, public intoxication, and or reckless driving. The financial burden of a misdemeanor compared to a felony is lower as well. If charged with a felony they will normally stay long after a year. Examples of felonies could be money laundering, murder, or manslaughter. Under the classification of a felony some jurisdictions also classify felonies into degrees or grades of seriousness for example class 1-6 felony and aggravated felony.
When a healthcare professional is charged with a crime there careers could potentially be over. In the state of New York when a healthcare professional commits a felony even if not deemed medical misconduct or even involving their practice their license to practice medicine can be revoked. The state of Arizona as well will revoke all license of a physician if charged with not only felonies but also has the choice even if convicted of a misdemeanor. The Food and Drug Administration does have the authority to disbar physicians who are committed of felonies in all states.
With being Military a military physician can be held accountable in both civilian and military courts if charged with a crime. With doing my research over these questions to me the penalty for committing a simple misdemeanor can be pretty harsh on a physician.
References http://www. craiggillespie. com/professional-licensing. html Collateral Consequences of Criminal Convictions of Physicians. (Michael S. Kelton 2006) http://www. superpages. com/supertips/definition-of-felony. html