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There are numerous reasons why health care providers can lose their license. The common ones include gross misconduct, incompetence, immoral conduct, criminal convictions, and substance abuse. State laws normally administrate license issues. A physician can choose to surrender their license voluntarily, or the licensing board can revoke it. In order for a doctor to regain their license, they need to make an application for license reinstatement.
Medical license revocation verses license suspension
It is important to establish that license suspension refers to a temporary removal of your license privileges. The suspension can last from a week to about one year. When the license is suspended, the physician is asked to surrender it to the board. The board’s stipulations forbid you from practicing medicine until the license is restored. License revocation, on the other hand, is usually for an indefinite time frame. The license can be reinstated once certain requirements are met such as paying fines, completing a drug rehabilitation program, undertaking a drug screening or obtaining insurance.
Applying for a reinstatement
Once the stipulated waiting period is over, the physician is expected to contact the medical board. The board then issues the petitioner with a form to be filled. The form is referred to as a “Petition for Penalty Relief.” The form has a series of questions such as the address of record, disciplinary history, certificate number and attorney designation where applicable. The questionnaire also features information such as malpractice claims, disciplinary actions, addiction issues and criminal convictions. As evidenced, this process is complex and detailed. It is, therefore, advisable to seek the advice and guidance of a license reinstatement lawyer.
The investigation process
Once the completed questionnaire has been presented to the board, the investigations begin. The office that is nearest to the residential area of the petitioner is tasked with receiving the petition and conducting subsequent investigations. The investigating team will perform record checks, verify the information with the physicians and ask the applicant to verify their narrative statement. Once the verification process is complete, a copy of the revocation decision is attached to the petitioner’s file. The file is then handed over to the deputy attorney general during a hearing. Reinstatement hearings are mainly done in one day or half day.
The petitioner should present rehabilitation evidence during the hearing process. The petitioner bears the burden of proof during reinstatement hearings. The board will take into account the reasons for the revocation and petitioner’s rehabilitative efforts. Ultimately, the board will focus more on the gravity of the offense committed. The petitioner should, therefore, do a good job at demonstrating positive rehabilitation efforts since the license was revoked. The hearing process can be rigorous and intense. In light of this, the petitioner needs to be well prepared to give sufficient evidence to warrant a reinstatement.
The best person to guide you through the process is an experience license reinstatement lawyer. These lawyers have worked with other physicians and health care providers who have been in the same predicament. Their experience and expertise can work for you.