The Impact of Substance Abuse on Professional Licensing

September 22, 2023
The Law Firm of J.W. Stafford

Licensed professionals are no different than anyone else when it comes to suffering from substance abuse problems. In fact, professionals such as doctors and lawyers are statistically more likely to develop substance abuse problems than others. Not only can alcohol or drug abuse harm your personal life, but it can also do irreparable damage to your career. If you are a licensed professional worried about a substance abuse problem, a professional license defense attorney can help you protect your career.

Substance abuse can impact all aspects of a person’s life. For licensed professionals, this includes their careers. Not only can substance abuse on the job lead to employment-related consequences, but substance abuse, both on and off the job, can have professional licensing consequences as well.

Ways That Substance Abuse Can Harm Your Career

Many people in recovery will tell you that their alcohol and drug use was under control until it wasn’t. Unfortunately, many people do not get the help they need until they have done considerable harm to themselves and their careers. Not only does their substance abuse harm their physical health, but many addicts will experience severe depression, anxiety, and other mental health issues. As their lives spiral out of control, their alcohol and drug use tends to impact their career in the following ways:

  • Criminal charges such as DWI, public intoxication, or drug possession
  • Embezzlement and other financial malfeasance
  • Impaired judgment in providing client or patient services
  • Compromised trust with clients or patients due to inability to perform
  • Missed deadlines, appointments, and other failures

Once your substance abuse begins to compromise your service or professionalism, it can quickly lead to disciplinary action. If you are worried about how your substance abuse may affect your license, a professional license defense attorney can help you get out in front of the issue.

How Substance Abuse Can Impact Your Professional License

As a general rule, professional licensees in Maryland are held to a duty of competence and a duty of care. This means that lawyers, accountants, doctors, nurses, architects, and other licensed professionals must ensure that they practice within their professional capabilities, and they must ensure that they exercise their professional capabilities when serving their clients or patients.

Substance abuse can impair licensed professionals’ ability to meet these duties—and when licensed professionals fall short of their duties, this can lead to professional discipline. Licensed professionals in Maryland can find themselves facing sanctions in a few different ways. In some cases, clients or patients will file complaints. In others, professional licensing boards may receive reports from law enforcement authorities or other outside sources (i.e., in the case of a DUI). Licensed professionals often have an obligation to self-report complaints, arrests and other circumstances in which substance abuse impairs their professional practice as well. For those who have an obligation to self-report, failing to do so can increase the risk of facing substantial sanctions in a subsequent disciplinary proceeding.

Substance Abuse Can Harm Your License Even if You Keep It “Personal”

Make no mistake – your substance abuse could cause issues with your license even if you keep it out of the workplace. Allegations of personal misconduct due to being impaired can lead to an investigation and subsequent discipline. Drug or alcohol-related criminal charges can, of course, result in disciplinary action even if the incident occurred outside of work. The bottom line is that substance abuse can jeopardize your license even when you have kept it out of your professional life.

The Consequences You Face

Different professions have different standards and different penalties, but they all essentially use the same spectrum:

  • Reprimands, either public or private, for minor infractions
  • Suspension of your license, meaning that you will not be able to practice for a specified period of time
  • Revocation of your license, which is typically permanent

Additionally, substance abuse issues may result in:

  • Private or Public Reprimand – A formal warning that can increase the risk of more severe sanctions in the future.
  • Probation – Continuing practice under terms such as refraining from further substance abuse, obtaining treatment, or attending counseling.
  • Suspension – A time-limited prohibition on practicing, which may be followed by probation. Continuing to practice while suspended can lead to additional sanctions.
  • Revocation or Disbarment – In severe cases, this may be permanent, though reinstatement may be possible after a period of years in some cases.
  • Additional Sanctions – Such as restitution to affected clients or patients.

Depending on the severity of the problem and the circumstances of your case, the potential penalties you face can range from a private reprimand to revocation of your license. For example, a public intoxication charge that arose from attending a sporting event may result in only a minor punishment. A DWI charge where you caused injury to another driver may be dealt with more harshly.

Cases where the professional was impaired at work or their substance abuse otherwise impacted their professional services often receive the harshest consequences. That said, many professions are beginning to give instances of personal misconduct greater scrutiny in response to shifting attitudes when it comes to certain types of misconduct.

Considerations for Licensed Professionals Dealing with Substance Abuse

1. Help is Available

If you have a drug or alcohol problem, the most important thing to do is to seek help. Getting the help you need can not only save your career but also save your life. Whether you need in-patient treatment or an outpatient program, the sooner you get help, the sooner you can get your life back on track. Along with various forms of inpatient and outpatient treatment, licensed professionals can also seek help through their professional licensing associations in many cases. For example, lawyers can reach out to Lawyers Helping Lawyers, the Maryland State Bar Association’s Lawyer Assistance Program (LAP) provides additional resources, and the Maryland Physician Health Program (MPHP) provides similar support for health practitioners.

2. Self-Reporting May Be Necessary

If you have been arrested for DUI or drug possession, or if you have reason to believe that your substance abuse has impacted your professional practice, you may have an obligation to file a report with your licensing board. An experienced Maryland employment lawyer can help you determine if self-reporting is necessary and assist you with taking all necessary and appropriate action.

3. Professionals Have Several Options for Protecting Themselves During Disciplinary Proceedings

If you find yourself facing professional discipline related to substance abuse, you have several options for protecting yourself during your disciplinary proceeding. An experienced Maryland employment lawyer can assist you here as well, and at The Law Firm of J.W. Stafford, our lawyers have specific experience representing clients in professional licensing matters.

Lastly, a professional license defense attorney can help you find resources and navigate the potential ramifications if you have a substance abuse problem that you are worried could impact your license. Because they are a lawyer, they have a duty of confidentiality that prevents them from disclosing any information you give them. This can be helpful for getting out in front of the problem before you receive a complaint.

Contact Professional License Defense Attorney J.W. Stafford and His Team Today

It’s never too late to get the help you need. Call us today at 410-514-6099 or contact us online to schedule a confidential consultation.