Conviction - How it Might Affect a License / PTAL Application

The Board frequently receives questions about criminal convictions and how they could affect an application for a physician's and surgeon's license and/or an application for a Postgraduate Training Authorization Letter (PTAL).

The Board is unable to provide legal advice. Every situation is different and is addresed on an individual basis. The Board reviews every conviction based not only on the conviction itself in relation to the statutes, but also on the underlying issues which led to the conviction. The laws do not differentiate between a felony and a misdemeanor conviction.

The Board does receive information regarding actions which have been expunged, and the application forms advise applicants to disclose all prior convictions including those that have been dismissed or expunged. In addition, pending charges must be reported by an applicant immediately upon notification of the charge. The Board will learn of these actions through the fingerprint criminal history check.

A conviction that does not, at first glance, appear to be substantially related to the qualifications, functions or duties of a physician, may, under closer scrutiny, be revealed otherwise (e.g; reckless driving, DUI's, and sex crimes). All information related to an applicant's criminal history is considered. The specific conviction; when it occurred; the circumstances surrounding the conviction; the number of convictions; compliance with the court's terms and conditions; and rehabilitation are factors considered when determining an applicant's eligibility for licensure. In addition, one of the more important criteria is disclosure of the conviction. Failure to disclose a conviction is considered to be dishonest, and therefore an egregious breach of ethics and unprofessional conduct.

The Board has three options relative to PTALs or licensure: issue a PTAL or license; deny a PTAL or license; or place a license on probation. These actions must be substantiated by appropriate evidence. The primary statutes relating to denial or probation of a PTAL or license are California Business and Professions Code Sections 480, 820, 2234, 2239, and 2305.