Reviewed by Paul E. Walker
If you are a medical professional and have had your license revoked, you are most likely looking into the reinstatement process. If at least three years have passed since the revocation order was served, you may send a $750 check to the State Education Department and apply for license reinstatement. Here are some of the questions you may have:
Restoring Your Medical License, Step by Step
- Wait three years: Board of Regents rules generally require three years from service of the revocation or surrender order (see eligibility after revocation).
- File: Send the application and $750 fee to the State Education Department.
- Peer Committee hearing: The committee hears your case and makes a recommendation (Nehorayoff v. Mills). See proving fitness to practice.
- Committee on the Professions: It adds its own recommendation, and you may respond within 15 days without new evidence.
- Regents decision: The Board of Regents decides and may require a proficiency exam. See the restoration timeline.
How Can You Lose Your Medical License?
Practicing medicine is a privilege, not a right, and if you are found guilty of breaching the standard of care, you may have your medical license removed. Sexual misconduct, substance abuse issues, negligence, fraud, felony convictions, and more may all constitute a medical license revocation.
Can a Revoked Medical License be Reinstated?
Often, medical professionals who are found guilty of professional misconduct feel overwhelming regret or shame, despite the fact that they may be able to petition for a license reinstatement. Unfortunately, the process is quite a long haul. During the restoration procedure, you must demonstrate that you are truly remorseful for your actions, that you have undergone rehabilitation, and that you are constantly re-educating yourself on all of the latest medical innovations by providing documentation proving you have attended all CME courses up to the time of your hearing.
Generally, it is best to own up to your mistakes. It is far better to acknowledge your mistakes and prove that you have moved on and are ready to practice honorably than to continue denying what got your license revoked, to begin with. Additionally, it helps if you have witnesses present who are willing to testify on your behalf. Respected physicians who can confirm your capacity to competently and responsibly serve others are a big help.
What Questions Will They Ask at a Medical License Reinstatement Hearing?
The Peer Committee will ask you questions to the effect of “why should you be reinstated?” and “what will you do if you are reinstated?” You must have a well-thought-out answer on-hand, not only to get your license back, but because those in charge of others’ wellness should have a genuine desire to do their job honestly and effectively. If you provide insufficient answers to these questions, you may not have your license reinstated.
What Happens After the Hearing Concludes?
Following the hearing, the Peer Committee will make a recommendation, which is sent to the Committee on the Professions for its own recommendation. Next, the Board of Regents will decide if it should reinstate your license based on the information provided by you and your attorney, as well as the answers you gave during the hearing.
Case Result: A Restored License Following Narcotics Addiction
In a case our firm handled, a physician whose license was revoked as a result of a narcotics addiction had it restored following the testimony of his psychiatrist and a CPH representative. Both spoke to the physician’s years of treatment and clean drug tests, prompting the restoration of his license with probation and continued monitoring. You can find more information about our license restoration services. Prior results do not guarantee a similar outcome.
Contact Our Experienced New York City Professional Defense Firm
If you are a medical professional accused of professional misconduct, it is imperative to retain the legal representation of an experienced attorney with Walker Medical Law. Our firm is committed to helping those facing allegations fight for the best possible outcome for their unique circumstances. When you need help, do not hesitate to contact our firm today.
