Reviewed by Paul E. Walker

Even after fiercely defending yourself in a hearing with the New York State Department of Health’s Office of Professional Medical Conduct (OPMC), the Board may still ultimately find you guilty of medical misconduct. With this guilty verdict, and depending on the extent of this alleged misconduct, the Board may decide to suspend or revoke your medical license. Being that your license is essentially a ticket to your livelihood and your way of earning a living, you may understandably want it reinstated sooner rather than later. Well, for this, please read on to discover how long it might take to get your medical license restored and how a seasoned New York medical license restoration lawyer at Walker Medical Law can help you get back to practicing medicine as soon as possible.

How Long Does It Take Until My Medical License Is Restored in New York?

In general, you are typically expected to wait at least three years until you have the opportunity to apply for a revoked or surrendered medical license to be restored. Under the Board of Regents’ rules, that period runs from the date the order was served, while a suspension typically ends in accordance with the terms of the order itself.

With this, though, you must understand that this restoration is not automatically granted. This is especially because the Board of Regents is made well aware of your history of medical misconduct, and therefore they may be wary of letting you interact with patients once more. Essentially, this is all to say that the restoration of your medical license is seen as a privilege rather than a right.

So, with your application, you must do everything in your power to prove that you deserve to earn your medical license back. For one, you may make clear your remorsefulness for the initial medical misconduct incident that got your license revoked in the first place. Then, you may demonstrate how you have been bettering yourself throughout this three-year waiting period, whether it be through participating in rehabilitation programs, attending Continuing Medical Education courses, or otherwise. Lastly, a $750 check must be made out to the New York State Education Department.

How Long Does Each Stage of Restoration Take?

It’s important to understand that once the three-year waiting period is over, you won’t simply be able to resume practicing medicine. Restoration takes several stages, and each one has a time frame. As such, it’s important to familiarize yourself with what you can expect:

  • Waiting period: The waiting period is at least three years from the service of the order of revocation or surrender, though the time that your license was suspended while the charges were pending may shorten the waiting period.
  • Scheduling the Peer Committee hearing: This may take six months to a year following the completion of your application, as the panel members, an administrative law judge, and your witnesses must all be available.
  • The hearing: Usually a single day.
  • The written recommendation: Often several months. In one of our cases, nine months passed between the hearing and a recommendation in favor of restoration.
  • Committee on the Professions: Three to ten months to schedule its interview. Once it issues its recommendation, you have 15 days to respond in writing.
  • Board of Regents: The final decision. The Regents may also require a proficiency examination if you have not kept current.

Altogether, even a successful restoration may take well over a year after you are first eligible for a restoration. Prior results do not guarantee a similar outcome. For more on each step, see our guides to the restoration process, eligibility after revocation, and proving you are fit to practice.

Is It Possible for My Medical License to Never Be Restored?

Unfortunately, at the time of your hearing with the OPMC, the Board may rule that your medical license is to be revoked rather than suspended. And with a revocation, you will generally have to wait at least three years before you can even petition to have it restored. So, if you are faced with this devastating ruling, it may be in your best interest to appeal it to the Administrative Review Board (ARB).

Within 45 days after both sides submit their briefs, the ARB may issue its decision to overturn a ruling by the OPMC, rendering your medical license temporarily suspended rather than revoked. However, you should understand that, according to OPMC, a revocation will take immediate effect and is not put on hold during the appeal.

Contact an Experienced New York OPMC Firm

Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal representation just yet. At the very least, they may serve as a shoulder to lean on or a listening ear. So when in doubt, please schedule an initial consultation with one of the competent OPMC/OPD misconduct defense lawyers from Walker Medical Law today.