Issues to Consider when Applying to Restore your License

If your medical license has been revoked, you must wait three years before applying for the restoration of the license. When you do apply you must send the application and other documents with a check in the sum of $750.00 to the State Education Department.

This application is not one that can be done simply by filling in the blanks. You must understand the thinking and philosophy of the Board of Regents before you begin to apply for restoration.  Restoration will be granted only when the Board finds a compelling reason to grant the application when compared to the misconduct that was the underlying cause of the revocation of the license.

You have to understand that the issuance of a medical license is not a right that citizens have, it is instead a privilege that the State can permit or deny. You have to earn this privilege and in this situation you have a steep mountain to climb to convince the Board that your license should be restored.

In judging whether to restore a license, the Board looks at every aspect of your situation. This evaluation includes whether you are remorseful regarding the conduct that caused your license to be revoked. Please note that taking the position that the State was wrong in taking your license in the first place is usually not a good place to start. You already argued this case and the decision was against you.

Also, the Board will judge whether the conduct that led to your revocation might occur again. This is certainly important in substance abuse and sexual misconduct situations. The Board will have in mind the protection of patients and will have to be convinced that you will not again commit the same types of acts that got you in trouble in the first place. In these areas the Board will be looking for rehabilitation efforts to give it an assurance that there will not be an undue risk to the public if your license is restored.

You must additionally convince the Board that you are now competent to practice as a medical provider. To do this, you must show that you have kept up with current medical thinking and that means that you should be able to prove that you have been continuing to learn during the period of time that you were without your license. This cannot be done by attending some CME courses a few months before you submit your application.

Note that you have the burden of proof to convincingly show that your license should be restored. This is no small hurdle and you must prepare accordingly. With your application you must submit a Supporting Affidavit from at least five people who know the circumstances of the revocation of your license and are willing to testify about your conduct and behavior since your license was revoked. Please note that three of these people must be licensed in your profession.

Suffice it to say, if you are in the position of having to try to have your medical license restored you must plan for the application almost from the day your license was revoked. You must convince the Board that you are serious about regaining your license and that you have taken action to correct whatever was the cause of your revocation. The Board must feel confident that you will not revert to the behavior that led to the problem in the first place and you have the job
of giving that confidence.

This situation is certainly difficult by any definition. Therefore, give yourself the best possible opportunity to regain your license by consulting with a lawyer who has specific experience in this area of the law and who can guide you through this trying process.

This informational blog post was brought to you by Paul E. Walker, an experienced New York City OPMC & OPD Lawyer.