Physicians can only practice medicine if they possess a license. The medical practitioner must follow certain requirements and criteria for a license. His medical license may be revoked or suspended by the medical board of his State if he fails to meet the standards and criteria. The purpose is not to discipline the doctor, but to protect the general public. The law confers on the Board the responsibility for public safety.
A medical practitioner is required to pass through a school, examinations and numerous background checks before being granted a medical license. Time and money will also be invested in order to establish a reliable career.
Considering all the responsibilities encountered by a medical practitioner, license suspension or revocation is one of the worst fears of every medical practitioner as it would have a tremendous impact on their ability to work in the future.
This does not happen instantly as there are a series of accusations and events that can lead to license suspension, but the next line of action must be decided immediately.
Who initiates the action and handles the case?
The disciplinary case is usually initiated by patients, their family members, health care facility administrators, and other medical experts. When disciplinary matters become serious, it could lead to license suspension or revocation.
This disciplinary action is usually implemented by the Federation of State Medical Boards (FSMB). The board investigates the allegations of any professional malpractice, misconduct and criminal activity that can occur within and outside the workplace.
The FSMB can suspend the license of any physician based on the following reasons.
- Professional misconduct
- Negligence and malpractice.
- Unlawful drug prescriptions.
- Sexual harassment.
- Fraud, bad faith, and misrepresentation.
- Alcohol or drug abuse.
- Conviction of a crime.
What happens after a license has been suspended?
After the board decides, an approved letter will be sent to the physician that will indicate this decision. This will be accompanied by a document that will provide details concerning the reasons the license has been suspended as well as the sanctioning fines.
Although the decision of the board is usually final, the physician still has a right to a hearing that must be requested within 30 days from the accredited letter. Once there is no response from the physician within the timeframe, the decision will be a default and they can proceed with their planned action.
If a physician’s license is suspended, he needs to quit his practice in his state or jurisdiction temporarily until the authorizing Medical Board permits him to do so. Once the administrative investigation has been concluded or when all Board conditions are met, a suspended license may be restored.
The Hearing
A date for a response to a request for a hearing is usually indicated in the letter sent from the medical board. The hearing will give the attorney of the physician an opportunity to negotiate the details of the decision. Since it is just a hearing and not an appeal, the avenue for negotiation is very limited.
The decision of the medical board can also be contested during the hearing, but substantial evidence must be provided that will prove the error or omission of the facts used as the basis of their judgment.
It is necessary to explain explicitly the facts and explanations relating to any professional decision you make while reacting to a complaint. To help your status, you need to have succinct yet reliable medical information. Your response will decide the punitive course of action of the Board.
Requesting documentation from the medical board
The attorney for the physician can make a request for all the facts collected by the medical board such as interviews from witnesses, testimonies and employment records.
Although, convincing the medical board to change their decision is usually very hard, doing this can still provide the opportunity of discovering any error or flaw that can help to retain the medical license.
Post Hearing
The medical board will notify the physician after the hearing in a few weeks and might change their decision and comply with few or all of the physician’s request depending on the convincing abilities of the physician’s attorney.
Otherwise, they might retain their original decision and suspend the license, although the physician still has the opportunity to appeal the decision but during this time, the medical personnel will have no medical license.
Appeal
Appealing the decision of the medical board is also possible. This process involves hiring a personal investigator, carrying out interviews and developing a case that will be presented before the medical board.
There is also the option of appealing to a higher court after the first round of appeals before an administrative judge which is the second and final appeal process.
Irrespective of the decision of the higher courts, the medical board has the authority to overrule the judgment of the high court to ensure the license remains revoked.
License Revocation Is Not Permanent
A medical practitioner has a waiting period of 3 years after license revocation before a petition for the reinstatement of the license can be approved. This is usually different for every state.
This process involves a lot of stress, time-consuming, although lucrative for the attorney of the medical practitioner.
The attorney and the physician will put together statements from employers, witnesses, remediation course letters, volunteer letters, as well as psychiatric evaluation to submit a petition to the medical board for the reinstatement of the medical license.
The potency of this petition and the medical board will then determine if the license becomes reinstated completely or just a contingent license.
Associated Costs
The cost implications when appealing for license suspension are usually not cheap irrespective of the amount that is charged by the attorney.
A medical practitioner might have to take CME courses and remediation courses that might require traveling, pay an attorney, notary, an investigator and so on.
The inability to make money as a result of the revocation will also be compounded by these costs.
Are you in a difficult situation where your medical license is suspended? Contact us for help. Please contact us if you are at risk of losing your medical license.
