It's a lot easier to lose a driver's license than a medical license if you're arrested for drunk driving.
This week, the Wall Street Journal reported the bombshell news that the superstar doctor who heads North Carolina Blue Cross Blue Shield (BCBS) had been arrested for driving while impaired.
That was the first national news of the well-known CEO's arrest, which had only become public in North Carolina last week, almost 3 months after the incident on June 22. Conway reportedly drove 90 miles erratically, 4 miles of which were captured on video by a trailing motorist now .
Conway's bio on the BCBS website indicates that he still works as a part-time hospitalist. He trained as a pediatrician. And before he came to BCBS in late 2017, he worked for the Centers for Medicare and Medicaid Services (CMS) as Deputy Administrator for Innovation and Quality and also as director of the Center for Medicare and Medicaid Innovation. His bio says he was one of the driving forces behind the national movement to value-based care.
A check of his medical license at the North Carolina Medical Board shows he still has an active medical license and has clinical privileges at UNC Medical Center in Chapel Hill. BCBS is based in Durham.
The facts of Conway's driving and arrest as reported by the media and by the police report appear on the surface to be rather serious. North Carolina rates DWI offenses with what they call aggravating factors that can worsen the charges and the punishment. And they also have grossly aggravating factors. One of the most severe is having minor children in the vehicle. That can elevate the offense to one that mandates at least 30 days in jail and 18-24 months of supervised probation, according to Sanford, NC attorney trial attorney Chas Post III, of the Sanford, North Carolina, law firm Post Foushee Patton, which concentrates on driving-while-impaired cases.
Conway had his two small daughters, ages 7 and 9, in the back seat of the SUV when it crashed into another vehicle. Fortunately, there were no reported injuries.
Another apparent bad fact was that he refused a Breathalyzer test. You can refuse a field sobriety test in North Carolina but not a Breathalyzer test. Post says that usually results in a one-year suspension of a driver's license.
And the arresting officer who took Conway to jail reported that he was cursing, reminding him who he was, and threatening to call the governor.
Now North Carolina law says that grossly aggravating factors in DWI can be countered by mitigating factors. One such factor is a fast substance abuse evaluation and rehab. Conway quickly submitted to 30 days of inpatient rehab after the arrest. Post said that time already served will be used to argue for no jail time when Conway's case gets to court.
According to a to the state's insurance commissioner, Mike Causey, the board concluded that "Dr. Conway could continue to provide strong leadership to Blue Cross NC."
Causey, however, lambasted the BCBS board for a cover-up and called for Conway's resignation. And this week, Conway resigned, claiming on social media he had been .
But, can Conway still provide safe patient care?
A call to UNC Health Care about whether he still had clinical privileges was answered by this statement by Alan Wolf, Manager of Media Relations:
"Dr. Conway has privileges and works occasional shifts at UNC Medical Center, but hasn't worked a shift since May. Otherwise, we can't share any confidential personnel information."
Jean Brinkley, communications director for the state medical board, confirmed that the board is aware of Conway's arrest.
Medical board investigations are confidential under North Carolina law, so Brinkley said she could not confirm or deny the existence of an investigation into Conway.
Brinkley said that licensees are required to self-report DWIs within 30 days but noted that the board contracts with a private service that searches arrest records to match with license holders. She said the board usually knows of arrests within 24 hours and initiates an investigation shortly thereafter.
Brinkley said the board does not have to wait for a trial and conviction to act against a doctor's medical license. "The Board is more concerned with the underlying conduct, and with ensuring patient safety, than with the final disposition of the case," she said.
A review of policies of other state medical boards shows that first DWIs for doctors are often treated more leniently especially if the offense involves only alcohol, there are no traffic deaths or injuries, and the doctor was not on his/her way to work.
States give their medical boards leeway to take immediate action based on "unprofessional conduct" that can immediately endanger patients. And often states try to send doctors and other health professionals to professional health programs for rehabilitation.
It does appear that regulatory due process allows medical license holders a long time to dispute threatened loss of licensure or license restrictions even after felony convictions for DWI.
That's not a luxury most driver's license holders have.
, has been a cardiologist in private practice in San Antonio for the past four decades and has a litigation practice in healthcare law.