Criminal Charges and Your Massachusetts Professional License

An arrest for OUI, a drug charge, an assault allegation after a family argument: for most people, it’s a criminal case. For a nurse, physician, pharmacist or other licensed professional, it’s also a license case, and the two run on different rules and different clocks. A plea that looks like a good deal in court can count as a conviction before your licensing board. Some boards require you to report an arrest or charge yourself, in as little as 14 days. Call (978) 273-8337 before you enter a plea or file anything with your Board.

Your license, protected alongside your criminal case.

I’ve been a registered respiratory therapist since 2005 and a registered nurse since 2010. As a respiratory therapist I spent many years at the bedside providing hands-on respiratory care. As a nurse I’ve worked in critical care and the intensive care unit of an acute care hospital, and I’ve held management roles in that setting. I focus on the licensing side of a criminal case and work with your criminal defense attorney, so that pleas, admissions and statements are made with your license in mind.

— Richard Alan Gaudet, JD, RN, RRT

How your Board finds out

Don’t assume the Board won’t learn about a charge. Boards hear about criminal cases from:

Your own report, where the board requires one
Renewal applications, which typically ask about charges and convictions
Employers, especially after an arrest affects your work schedule or a drug test
News coverage, court records and other agencies
Complainants, such as an alleged victim or a family member

At most Massachusetts health boards, giving the Board false information, including a false answer on a renewal, is a separate ground for discipline. Concealment usually turns a manageable case into a serious one.

The rules by board

Board	Is a criminal conviction a ground for discipline?	Must you report it yourself?	Source
Pharmacy	Yes, any crime	Yes: any arrest, pending charge or conviction, within 14 calendar days	247 CMR 10.03(1)(n); 20.03(3)
Dentistry	Yes, any crime	Yes: any charge or conviction, in writing, within 30 calendar days	234 CMR 9.03(1)(t), (jj)
Medicine	Yes: “conviction of any crime”	Not set out in the discipline rule; answer renewal questions truthfully	243 CMR 1.03(5)(a)(7)
Nursing	Yes, any crime	Not set out in the discipline rule; answer renewal questions truthfully	244 CMR 7.03(1)(s)
Respiratory Care	Yes, any crime	Not set out in the discipline rule	261 CMR 4.03(1)(r)
Physician Assistants	Yes, any crime	Not set out in the discipline rule	263 CMR 6.03(1)(s)
Social Workers	Yes, if it “reasonably calls into question” your fitness or ability to practice	Not set out in the discipline rule	258 CMR 30.03(1)(a)(9)

Even where the discipline rule doesn’t require a self-report, the Board can still act once it learns of a conviction. The question becomes when and how the Board hears about it, and what you’ve already said.

The CWOF trap

In Massachusetts criminal court, a continuance without a finding (CWOF) is often a good result: if you meet the conditions, the case is dismissed. To some licensing boards, it’s a conviction. The Pharmacy and Dentistry Boards define “conviction” to include (247 CMR 10.02; 234 CMR 2.03):

A guilty verdict or finding of guilt
A plea of guilty or no contest (nolo contendere) accepted by the court
An admission to sufficient facts to warrant a finding of guilt
A continuance without a finding

That applies “whether or not sentence has been imposed.” And under both definitions, a conviction is conclusive evidence that you committed the crime in a Board proceeding based on it. You can’t argue at the Board that you didn’t do it.

This is why the plea decision in your criminal case should be made with your license in mind. Sometimes a trial, a pretrial diversion, or a negotiated outcome without an admission protects your license far better than a quick CWOF.

The charges boards take most seriously

Any crime can be a ground for action at most boards, but some charges draw far more attention because they connect to patient safety or professional trust:

Drug offenses, especially anything involving controlled substances from a workplace
OUI, particularly a second offense or a case with a high blood-alcohol reading, because boards look for substance use problems
Assault, domestic violence and threats
Theft, fraud and billing offenses
Any offense involving a patient or client, including sexual offenses

For those, a board may not wait for the criminal case to finish. In the most serious cases, it can summarily suspend a license before any hearing. See Summary suspension.

While the criminal case is pending

A Board investigation and a criminal case can run at the same time, and what you say in one can be used in the other. A written response to the Board, an interview with a Board investigator, or a statement at an investigative conference can end up in the prosecutor’s file. Before you give the Board anything about the facts of a pending charge, your license lawyer and your criminal defense lawyer should agree on what to say and when.

Where a board requires a report of a pending charge (Pharmacy and Dentistry), the report can usually be limited to the fact of the charge, the court and the docket number, without a statement about the facts. Write it carefully.

Renewal and application questions

Renewal and license applications ask about criminal history. Answer truthfully and completely. A false or incomplete answer can be charged as fraudulently obtaining a license or renewal, a separate and often more serious ground than the underlying offense (for example 261 CMR 4.03(1)(k); 263 CMR 6.03(1)(l); 247 CMR 10.03(1)(o), (p)). If you’re unsure whether something must be disclosed, ask before you submit.

Consequences beyond your Board

A criminal case involving drugs, health care fraud or patients can also affect:

Your DEA registration and state controlled-substance registration
Your ability to bill Medicare and Medicaid, through federal exclusion for certain health-care-related convictions
Licenses in other states, which may act on a Massachusetts conviction or Board action
Hospital privileges, employment and credentialing

These should be part of the plea discussion too.

If you’ve been arrested or charged

Hire a criminal defense attorney, and tell them right away that you hold a professional license.
Call a license-defense lawyer before your arraignment, if possible, and certainly before any plea, admission or CWOF.
Check whether your board requires a self-report (Pharmacy: within 14 calendar days of an arrest or charge; Dentistry: within 30 calendar days), and calendar the deadline.
Don’t talk to your employer, coworkers or the Board about the facts until your lawyers agree on what to say.
Answer your next renewal truthfully, with your lawyer’s help on the wording.
If substance use is involved, consider an evaluation or treatment early. It can help in both cases, but discuss timing with your lawyers first.
Keep copies of everything: the complaint or citation, docket number, conditions of release, and every court order.

Charged with a crime and worried about your license?

Call or text (978) 273-8337, or send a message. I work with your criminal defense attorney to protect your license, for licensed professionals across Massachusetts, in person in Middleton or by video.

Frequently asked questions

Do I have to report an arrest to my licensing board? It depends on your board. The Pharmacy Board requires a report of any arrest, pending charge or conviction within 14 calendar days, and the Dentistry Board requires a written report of a criminal charge or conviction within 30 calendar days. Other boards’ discipline rules don’t set out a self-reporting duty, but renewal applications typically ask about criminal history.

Is a CWOF a conviction for my license? For the Pharmacy and Dentistry Boards, yes: their rules define a conviction to include a continuance without a finding, an admission to sufficient facts, and a no-contest plea. Ask a license lawyer how your own board treats it before you agree to one.

Will an OUI cost me my license? Not necessarily. A board looks at whether the offense raises concerns about safe practice, especially substance use. How you handle reporting, the plea, and any evaluation or treatment can affect the outcome.

Should I talk to the Board while my criminal case is pending? Not about the facts, until your license lawyer and your criminal defense lawyer agree on what to say. Statements to the Board can be used in the criminal case.

Can the Board act before my criminal case is over? Yes. A board doesn’t have to wait for the criminal outcome, and in serious cases it can summarily suspend a license before any hearing.

About the Author

Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, and an experienced administrative law practitioner who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010, including in critical care. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.

ABOUT THIS ARTICLE

This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.