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[deleted1157243]

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[chessknt]

By not a criminal act do you mean you were not charged/convicted of a misdemeanor or felony? That is the question credentialing applications ask--how would you respond to that question on an application now if you were being truthful?

A hospital may use any number of resources for a background check and they could easily pull state public records and if this information is available there I imagine it will be very easy to find. Lying on your application to them is a surefire way to guarantee you will not pass credentialing, then you get to have another thing to report.

 

[chessknt]

A DUI in NJ is not classified as a misdemeanor or felony, it is a traffic offense in the NJ state law so I would truthfully say no because it is not a criminal act in the state of NJ.

Then you fill out No to that section but I would have every expectation that this will get found if not at the state level then at the credentialing level for certain. You can't do anything about it but absolutely do not lie on any application in the hope that it won't be found because you will not pass credentialing after that.

 

[dozitgetchahi]

Made a dumb decision and got a DUI. I live in a state where DUI is not a criminal act and will not be reported to the FBI and would not show up on criminal background checks. I plan on applying for interstate medical license since I still qualify. Am I screwed for state licenses? For people that have an NJ license what types of disclosure questions do they ask or if they bring up traffic offenses at all in the application? Also, would hospitals ever run driving history because this is the only way that I believe they can find out?

You need an attorney, stat.

Many state license applications will ask something like “have you ever been convicted of a crime, excluding minor traffic offenses” but then they explicitly state that DUIs etc count. State licensing boards are very interested in DUIs, and having one on record can get you placed into the state PHP among many other things. I don’t think there is a single medical board in the country that is going to wave off a DUI as a “simple traffic offense”.

Talk to a good attorney that focuses on medical board representation.

 

[HemeOncHopeful19]

Find a lawyer that has experience with your state medical board.

Quit drinking and driving.

 

[gutonc]

You need an attorney, stat.

Many state license applications will ask something like “have you ever been convicted of a crime, excluding minor traffic offenses” but then they explicitly state that DUIs etc count. State licensing boards are very interested in DUIs, and having one on record can get you placed into the state PHP among many other things.

Talk to a good attorney that focuses on medical board representation.

As much as I hate giving lawyers money, I agree with this one. You actually might benefit from 2 attorneys, one familiar w/ med board stuff in your state and another one who does DUI stuff.

I can tell you that, in my state, the statewide credentialing application for all physicians asks "in the last 3 years, have you ever been charged* with a criminal violation (felony or misdemeanor)?" You will then have to explain the situation on another page.

I can tell you as a Dept Chair and credentials committee member who reviews and approves/denies these, that you are likely going to have to enter the state PHP, potentially do some sort of rehab program and keep your nose clean for awhile in order to completely clear your name. Not that you won't be able to get a license or credentials here, but you're going to have to jump through a bunch of hoops in order to do so. I suspect this will be true to varying degrees no matter what state you are licensed in or where you get privileges.
(* - Note that it says "charged" not convicted, so in this case you would have to answer yes.)

A note regarding the IMLC - While it's true that this streamlines the application process between states in the Compact, it's not automatic, and there are limitations. From their own website:
"In addition, you must:

• Not have any history of disciplinary actions toward your medical license
• Not have any criminal history
• Not have any history of controlled substance actions toward your medical license
• Not currently be under investigation"

Depending on how one interprets this, you (OP, obviously not @dozitgetchahi) currently tick somewhere between 0 and 2 of those boxes. You should assume that it's 2 until definitively proven otherwise.

While it's true that a DUI is not technically a criminal offense in NJ, the potential consequences (1st offense is fine up to $400, up to 30d in jail, 3 month suspension of driving privileges or 3 months of ignition interlock, 2d of mandatory "Intoxicated Driver Resource Center") sound a lot more severe than a speeding ticket. I suspect that medical boards (potentially NJ and likely other places) will think it sounds more criminal than "traffic".

To be clear, it's not all doom and gloom. You're going to be able to get licensed, and credentialed, and practice, etc, etc, etc. You're just probably going to need to spend some time and money to do so.