Our New York Medical License Reinstatement Lawyers help doctors to regain their medical licenses. We are based in New York City, and we can help you negotiate the morass of laws concerning the healthcare industry. Explore our site to comprehend better our health law practice and how our attorneys can help you face the unique problems pertaining to healthcare law.
How Doctors Lose Their Licenses
A physician can lose his or her license in countless ways. Commonly, they are charged with incompetence, criminal convictions, gross negligence, substance abuse, fraudulent practice, and immoral conduct. States regulate all licensure issues. In New York, where we work, the New York Education Law controls physicians’ licensure and professional discipline, administered by the Office of Professional Medical Conduct. A doctor accused of misconduct could lose his medical license by either surrendering it or having the licensing agency revoke it. No matter how the physician lost his or her license, he or she must put in an application for license reinstatement before he or she can regain his license — which is what we help with.
License Suspension Versus License Revocation
Suspension removes medical license privileges temporarily — anywhere between a week to a year. You may have to surrender your actual physical license to the state board office , and you cannot legally practice your vocation until after the suspension is lifted or terminated and your license returned.
Though your license is automatically restored to you after the suspension is over, license revocation lasts indefinitely — until certain conditions such as paying fines, completing drug screening, and obtaining insurance are fulfilled.
We assist our clients in deciding whether or not they can get medical license restoration. We evaluate and review their cases per statutory requirements, and we fill out applications for license restoration, send out necessary documentation to relevant persons and offices, following medical license restoration to make sure our clients’ license restoration applications are sent to the state boards and processed on time.
We consistently and regularly talk with our clients about the status of their medical license restoration. Our medical license attorneys commit to keeping our clients’ records confidential. Our BBB (Better Business Bureau) A+ ratings testify to the quality of our services. We are committed to quality.
Our New York Medical License Reinstatement Lawyers know every state’s medical licensing restoration requirements. Fast and accurate completion of your license restoration application we offer and provide supporting documentation in order to make sure of swift processing of your medical license restoration requests and your credentials.
To allow you to focus on your day-to-day activities, we simplify the license restoration process, and our services are risk-free with money back guarantees. We promise that our error will not deny you your license restoration.
Feel comfortable about us and our services. Call us now to make an appointment to find out more about our services. We have successfully represented a number of healthcare professionals; we can help you, too. Whether you are up against significant legal challenges, need daily legal guidance, or are trying to proactively build your business to comply with the healthcare laws, we offer effective, efficient legal representation. Because of our experience and our creative, outside-the-box thinking, we often can solve your problems with new, unique approaches and strategies you could not find elsewhere. We guide our clients through the legal aspects of healthcare, leaving them free to work on patient care and other business issues. Try us.
Most professionals in the healthcare industry can practice only when they have a license. Doctors and nurses are required to meet certain standards to receive a license. Failure to meet industry standards can result in the revocation or suspension of your medical practice license by your state board. The purpose of a medical license revocation or suspension is not to punish the professional but to protect the public. State boards are required to maintain public health and that is why they have been given the authority to revoke and suspend medical licenses.
Each state in the U.S. has a medical board that has been given the mandate to grant or revoke medical licenses to professionals in the healthcare industry. When complaints are filed against certain medical professionals, the board will review the details of the case and decide necessary steps to take including issuing a warning and revoking or suspending the license of the medical professional.
There are many reasons why professionals can lose their license including incompetence, gross negligence, criminal offences, and immorality. Doctors are likely to lose their medical licenses if they practice medicine beyond the authority of their licenses. State laws set reasons for medical license revocation.
Each state sets the actual reasons and circumstances that could lead to medical license revocation. The reasons for medical license suspension or revocation must be specific. Courts and state boards will rule against medical license revocation if the reasons offered for revocation are vague or general and are not supported by more specific reasons. State medical boards have the independence to make rulings on a case-by-case basis.
Defense against Charges
Some of the defenses against medical practice violation include denial of due process, self-incrimination, and violation of equal protection clause. Despite these defenses, state boards can revoke or suspend a doctor’s license in case of negligence and incompetence because the board has a responsibility to protect public health.
Difference between Medical License Suspension and License Revocation
A medical license suspension is a temporary removal of medical license privileges, which can last anywhere from a week to a year. If your medical license is suspended, you may be asked to surrender your physical license to the office of the state board. You will not be able to legally practice medicine until the suspension is lifted or suspension period is over and your license restored.
While you will get your license automatically restored once the suspension period ends, license revocation takes effect for an indefinite period until certain conditions such as paying fines, obtaining insurance and completing drug screening are met.
How Healthcare Law Associates can help
Healthcare Law Associates has experienced professionals with knowledge in medical license restoration procedures. Our satisfied and recurring clients have trusted us to provide medical license restoration services for many years. Our medical license restoration lawyers can help cut the license restoration processing time to less than half the reported average.
We help our clients determine the eligibility for medical license restoration by evaluating and reviewing their cases as per statutory requirements. We complete license restoration applications, send out required documentation to relevant bodies, and follow up on the medical license restoration to ensure our clients’ medical license restoration applications are processed and forwarded to the state boards on time.
We communicate with our clients regularly regarding the status of their medical license restoration. At Healthcare Law Associates, we are committed to maintaining the confidentiality of our clients’ records. Our A+ ratings with the Better Business Bureau speak to the quality of our services. We are dedicated to providing quality services.
Healthcare Law Associates provides quality medical restoration services at affordable rates. In addition, our medical license restoration services are tax deductible. Our custom software makes the process for applying for medical license restoration, much simpler; in many cases; all we need from our clients is their signatures. We electronically send relevant information to our clients to reduce printing costs and paper waste. Our medical licensing restoration consultants will ensure you get your medical license restored, and has 100% licensure rate.
Healthcare Law Associates licensing specialists are equipped with the knowledge of each state’s licensing restoration requirements. We provide accurate and fast completion of your medical license restoration application and ensure quick processing of your credentials and medical license restoration requests by providing supporting documentation.
We simplify the medical license restoration process so that you can focus on your day-to-day activities. Our medical license restoration services come with risk-free and money back guarantees. We guarantee that you will not be denied license restoration due to an error on our part.
We want you to feel comfortable using our services. Call us today to request an appointment to learn more about our medical license restoration services.
The responsibility for investigating and adjudicating complaints against physicians as well as physician assistants is with the New York State Health Department’s Office of Professional Medical Conduct (OPMC). The state Board for Professional Medical Conduct is also responsible. Every year the OPMC receives thousands of complaints from the public, health care professionals and institutions. It is their job to investigate every one of them. The results of these investigations annually lead to hundreds of physicians being disciplined.
Complaints submitted to OPMC are reviewed and assigned as quickly as possible. A medical licensee who is under investigation is expected to help the investigation. They must make their records available. Failure to cooperate is considered misconduct according to the New York State Education Law. A medical licensee is permitted to have an attorney with them during any interview or at any stage of the investigation. If there is not enough evidence to suggest misconduct, the investigation is terminated. Should an investigation show evidence of misconduct, the case is then given to an investigative committee. If the committee feels the physician is an imminent threat to the public, it may recommend the physician’s medical license be suspended. When this is done, charges are filed against the physician. A hearing concerning the misconduct is then scheduled. The case is ordered to a hearing where it will go before another committee board. The committee will determine if a penalty is appropriate. The decision can be appealed by either side to an Administrative Review Board.
It’s important for physicians to know that all final disciplinary actions, as well as suspensions, are public information. When charges are filed against a physician, the charges will be public information once the physician is served. The information associated with previously closed complaints, actions that have been dismissed as well as investigations that are ongoing will be kept confidential. The names and identities of those involved in the complaint are also confidential. The files created during the investigations are also kept confidential. This information is not permitted to be disclosed to the physicians or those who registered the complaint.
The board has been given authority by the state of New York to take specific actions when it comes a physician’s license. This includes a variety of suspensions including partial, actual or fixed periods of suspension. Issuing a license limitation and requiring the physician obtain education and training and more. They can issue a fine, require community service, provide censure or reprimand as well as issue a license annulment. They can also revoke a physician’s license.
Even when a physician has had their medical license revoked, there are opportunities to have it reinstated. A person will be able to reapply for their medical license three years after it has been revoked. There is no way around this. The first step is to get a copy of the medical license restoration application. They are available online. It’s important to remember this application must be from the New York Department of Education. Not the New York Department of Health. A person who is trying to get their medical license reinstated needs to have five witnesses. Three of them must be physicians. All five can be physicians. There needs to be five affidavits explaining why the physician with a revoked medical license should be permitted to get the license back.
Main Hearing Questions
There will be two fundamental questions a physician will be asked to answer during the reinstatement process. The first is why should the physician be reinstated. Good answers will involve how important being a physician is to the person. They can explain how they’ve corrected their problems and want to be once again a good member of the medical community. The other question will be what will the physician do if they are reinstated. This is a very important question. If a physician has a witness who is offering to take them into their medical practice, this will help. Having a job offered from a respected institution can also help get a person’s medical license reinstated.
After the application for reinstatement has been properly completed and submitted, a hearing will be scheduled. This will happen within six months to a year after the application has been received. When a physician goes to this hearing, it will be in their best interest to have an attorney who can guide them through the process. At the hearing, the physician will have an opportunity to testify. Their witnesses will testify as to why the physician should have their medical license reinstated. There will be a court reporter to record everyone’s testimony. The Board for Professional Medical Conduct will have a prosecutor. The physician’s lawyer can ask questions of the witnesses. The board’s prosecutor will have an opportunity to cross-examine the witnesses. The board can also produce their own witnesses. The physician can provide documents to help make their case for reinstatement. The burden of proof is on the physician who wants to be reinstated. The physician’s lawyer and board’s prosecutor will each have an opportunity to give opening and closing statements.
When the hearing concludes, the board will issue its recommendation. This recommendation will be sent to the physician and their attorney. The board’s recommendation will also be sent to the Committee on the Professions. This is where the Application for Restoration is formally considered.
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