Are convicted felons allowed to get registered as medical assistants then not be allowed to work in the field?

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Are convicted felons allowed to get registered as medical assistants then not be allowed to work in the field?

My husband is a convicted felon, was allowed to get funding for college, permitted to take the test to get registered as a Medical Assistant, hired by a huge hospital network, and only then was told he cannot work with elderly or children. Now we have a $20,000 debt from financial aid for school, and he is not allowed to work in that field.

Asked on August 14, 2010 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every state is different in terms of what it allows for registration or licensure in each field.  If your husband is a convicted felon and disclosed it on his college application, then he was allowed to obtain a college degree.  This is not a right but a privilege.  He was given his degree and his next phase was to take the test.  Usually most state agencies who license or handle the registration of such professionals require a detailed application with a portion dealing with the applicant's criminal record.  If your husband was allowed to take the test after full disclosure, you need to determine if the application or instructions mention that all applicants are allowed to take the examination prior to a final determination on the applicant's background check and integrity as some call it for licensure.  If he was precluded from working with the elderly and children, he still appears to be able to work with other groups.  Consider in this situation speaking with a labor law attorney who can help determine if a) he should not have been allowed to test and b) if he was improperly discriminated against. I don't believe you will have much luck with respect to the school matter but it won't hurt to discuss the educational portion with counsel, as well.


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