The Osteopathic Medical Board of California (OMBC) and the Medical Board of California (MBC) regulate physicians in California. You can face disciplinary action if you violate the rules and regulations attached to the practice of medicine. The suspension of your medical license is one of the potential disciplinary actions you can face. The process of reinstating your license could be complex and lengthy. You can only have your license reinstated if you comply with the reinstatement requirements. In addition, you must prove to the disciplinary board that you have undergone adequate rehabilitation and possess enough competencies to practice again. You should hire a competent medical license defense attorney if you face disciplinary action, especially medical license suspension. 

The Length Of Medical License Suspension In California

Violating the professional code of conduct or a criminal offense conviction could result in adverse disciplinary action for professionals seeking a license to practice. License suspension and probation are the most common forms of disciplinary action. A medical license suspension is usually temporary, meaning you will not practice for some time. Your medical license is suspended when you are reported for committing a crime, or the licensing board is informed of your criminal conviction.

The Disciplinary Board could suspend your license for three years if you are a medical professional and are guilty of medical malpractice. You can commit medical malpractice if you fail to treat your patients appropriately. Medical malpractice cases arise from errors during diagnosis, treatment, and aftercare.

The Board could suspend your medical license for any of the following forms of malpractice:

  • Failing to order the necessary tests
  • Leaving foreign objects in the body of a patient during surgery
  • Wrong prescription of medication
  • Unnecessary surgical or medical procedures
  • Misdiagnosis or failure to diagnose a medical condition

Whether You Can Reinstate Your Medical License After a Suspension

It is possible to have your medical license reinstated after a suspension. You must, however, meet the minimum requirements first to qualify for reinstatement. The Disciplinary Board often sets the requirements you are supposed to fulfill. Some of the requirements could include:

  • You must not be serving a sentence for any crime, even parole or probation
  • If you decide to pursue a change to your disciplinary action, you should file your Petition for Modification at least one year after the effective date of the disciplinary action.
  • If your medical license was suspended because of mental or physical illness, you should seek a reinstatement one year after the suspension.
  • If your medical license was suspended because of unprofessional behavior, you should seek reinstatement three years after the suspension.

Apart from the above requirements, you must prove to the disciplinary board that your medical license should be reinstated by showing that you have undergone enough rehabilitation. You must also prove that you have kept your professional training and knowledge during the suspension period and deserve a second chance.

The Board can order you to provide different evidence based on the facts of the underlying disciplinary measure. You must prove that there is little chance of you committing a similar crime in the future and that you have undergone rehabilitation. For example, if the disciplinary board suspends your license because of chemical dependency, you must show that you attended a rehab program. It is also essential to show that you will continue participating in 12-step meetings. Additionally, you must provide evidence showing that you have undergone successful psychotherapy. Psychotherapy typically helps you to deal with the issues that make you consume alcohol or abuse drugs.

It could take a long time and a lot of money to file a petition for your medical license reinstatement. A medical license defense attorney can help determine whether your petition will go through. Sometimes, you could be ineligible for reinstatement, especially if your license has been recently suspended. In this case, your attorney can work to increase the likelihood of having your future petition approved.

Other Additional Requirements For The Petition For License Reinstatement

Apart from meeting the minimum requirements for a petition for the reinstatement of your medical license, you could present the following:

  • At least two verified recommendations from surgeons or physicians licensed in any state to the Disciplinary Board
  • Your colleagues, who have a personal understanding of you, could write the recommendations. Your colleagues can only do this if they know what you have been up to since your medical license suspension.

You could also present a brief and concise narrative statement highlighting your request and why it should be granted. The statement must include the following evidence:

  • Details and proof of rehabilitative efforts, like medical treatment and therapy programs
  • Evidence of continuing medical courses and education
  • Record of previous actions and petitions
  • A factual description of the crime

The narrative statement must have the following information before your license is reinstated:

  • The plans you have after the reinstatement of your license, including the type of medicine you will practice and where you will practice
  • How your rehabilitation will help you avoid the recurrence of the previous behavior
  • How you have been earning a living after the suspension of your license

All applicants pursuing reinstatement of their licenses could also be ordered to be fingerprinted. The California Department of Justice LIVE Scan service is responsible for fingerprinting. If you reside outside California, you can present two fingerprint cards completed by any law enforcement agency.

The disciplinary board will set up a hearing with an Administrative Law Judge (ALJ) once you submit your petition. The board will do this through the Office of Administrative Hearings (OAH). The ALJ will preside over the hearing and rule within 30 days.

Your medical license defense attorney will table their evidence during the hearing. The attorney must prove that you have undergone successful rehabilitation. He/she must also prove that you will not commit the same violation in the future. Unfortunately, you cannot fight the suspension of your license during the hearing or at any point in the process. You can only challenge the suspension of your license by doing the following:

  • Practicing as a physician safely with no risks to the public
  • Providing evidence of personal improvement

Once the ALJ makes a ruling, the disciplinary board examines it and makes the final judgment. The ALJ's ruling is not binding on the Board. A final ruling could take one year from the date the Disciplinary Board receives the completed petition.

Whether You Should File A Petition For Reinstating Your Medical License

It is always a personal decision to have your medical license reinstated. Unfortunately, not every petition will go through. You could make several attempts before you succeed. The factor that the disciplinary board will consider before reinstating your license is the time taken since the previous suspension. This will help prove that you have made a permanent behavior change, which can reduce the possibility of you committing a similar crime in the future.

Your medical license will likely be reinstated if your petition goes through and if it was suspended because of your conduct. However, physicians who previously committed severe crimes could also have their medical licenses reinstated if they provide sufficient evidence. A reputable attorney can evaluate your case and develop a defense strategy that could secure a second chance. You will pay a fee to have your license reinstated. At a minimum, you will meet any cost of recovery at the time your license was suspended.

You should consider some factors when petitioning to have your license reinstated. They include:

  • Whether you will secure a job after reinstating your license
  • Whether you will serve probation after reinstating your license

In most cases, your petition can only go through with the help of a medical license defense attorney. An attorney has the knowledge to help you determine when to file a petition. Your attorney will also help you choose the best evidence for a favorable outcome. In addition, your attorney will create a defense strategy and gather evidence for the ALJ to show that you deserve a second chance.

Whether You Should Retake The Boards Exams To Have Your License Reinstated

When the disciplinary board suspends your medical license, you are not required to meet the initial requirements for re-licensing through the medical board. You will only need to file a petition for reinstatement and adhere to the procedure outlined by the OMBC or MBC. However, you must prove that you maintained your education and skills when your medical license was suspended.

Whether License Reinstatement Could Expunge Your Disciplinary Record

The Medical Boards in California aim to protect patients and the community by licensing and regulating surgeons and physicians. Your disciplinary record will remain public even if the Board decides you have undergone sufficient rehabilitation and reinstates your medical license. Sadly, it could be hard for you to secure a job or attract patients if you have a disciplinary record. You, therefore, must consider this factor in consultation with your attorney before filing your petition.

Probation and Filing a Petition For Reinstatement

Generally, a criminal conviction cannot prevent you from filing a petition to reinstate your medical license. However, you do not qualify to file a petition for reinstatement if you are on parole or serving probation. You can only file the petition after completing your probation.

During probation, you can start or continue working on rehabilitation and acquiring additional medical education. This rehabilitation will help you when you decide to pursue your license reinstatement. Your attorney will guide you on what you should do to enhance your chances of a successful petition for reinstatement.

Fighting Lengthy Medical License Suspension

The Disciplinary Board can suspend your medical license if you engage in criminal acts or professional misconduct. The period of license suspension will vary depending on the crime you commit. The Disciplinary Board will schedule a hearing before suspending your license. You will have a chance to contest the suspension during the hearing. You should do the following when defending your medical license to avoid a lengthy license suspension:

Avoid Panic During The Suspension Hearing

You could panic about the punishment if you face a criminal charge or violate your professional code of conduct. You can present several arguments to reduce the length of your license suspension or have your license reinstated. Avoid panic during the suspension hearing. You will feel more confident with an experienced medical licensed defense attorney.

Inform Your Board Of Your Intent to Defend Your License

You must be ready to defend yourself when the licensing agency notifies you of an allegation against you about professional misconduct. Never give up without presenting a defense notice to the Board. This helps you secure your right to defend your medical license from lengthy suspension. You must review all the paperwork regarding your case before you begin the defense process and adhere to the proper instructions for your license suspension hearing.

You could face a default ruling if you fail to inform the board of your intent to defend your medical license. A default ruling means the judge suspends your license for long without listening to your account of events.

Avoid Responding To The Board Alone

The licensing board will contact you or notify you of their intentions to suspend your medical license once they learn of your criminal offense. Once you receive the notification, the response you give the Board could affect the outcome of your case. You should avoid responding to the Board alone and consult a reputable defense attorney for guidance.

You will worsen your situation if you respond without proper guidance because you will likely divulge information. Your attorney will guide you on the information you should relay to the Board. Your attorney will also ensure that the licensing board follows the proper investigation process and protects your legal rights.

The attorney you choose will determine the outcome of your case. Ensure that you select an attorney who understands the following:

  • Your legal rights during the investigation — A reasonable attorney will protect your rights when you undergo an investigation for license suspension.
  • The rules and practices of the state bar court — Your attorney must understand the laws to adhere to when facing a license suspension hearing.
  • Investigation procedures and methods — It is crucial that your attorney understands the procedures the licensing board uses to investigate your offense. This could help develop the best defense against lengthy license suspensions. It could also result in the reinstatement of your license.
  • Your attorney should understand the possible disciplinary actions you could face when developing a defense for your license suspension. He/she should also know the proper measures to prevent lengthy license suspensions.

Appealing The Suspension of Your Medical License

The Disciplinary Board could suspend your medical license if you are guilty of a criminal offense, drug use, or other professional violations. If this happens, you cannot practice while your license is suspended. This action can cause you to lose your job and livelihood. However, you can appeal the ruling of the Disciplinary Board. The Board's ruling will be overturned if your appeal goes through. You could appeal the suspension of your medical license because of the following reasons:

Biased Ruling

You have a right to appeal the suspension of your license if you have sufficient evidence to show that the disciplinary board gave you an unfair ruling.

Procedural Errors

The Disciplinary Board must follow the proper procedure before suspending your medical license. If you prove that the appropriate process was not followed during the suspension, you can have your suspension period reduced or your license suspension prevented.

Lack of Evidence

The Disciplinary Board must provide sufficient evidence to show that you committed a crime before approving the suspension of your medical license. A case built based on someone else's word without sufficient evidence might not be strong enough to have your license suspended.

Errors In The Ruling

The disciplinary board's judgment must be based on the evidence provided regarding your behavior. If you can prove that the judgment contradicts the evidence provided in the ruling, you could prevent the suspension of your license. The licensing board could re-evaluate the facts of your charges and issue a new ruling.

Find a Medical License Attorney Near Me

Worrying about your career's fate is expected when the disciplinary board suspends your medical license. However, you should not despair. There is still room to fight for the reinstatement of your license. You should hire a skilled licensed defense attorney to help you negotiate with the board to reinstate your medical license.

The Legal Guardian has experienced medical license attorneys representing surgeons, physicians, and other licensed professionals in license suspension cases. We will handle your case through the investigations until the final ruling is reached. Our attorneys will do everything they can to achieve the best possible outcome for your case. We have helped many medical professionals reinstate their medical licenses in Long Beach and can do the same for you. Call us at 866-448-6811 to talk to one of our attorneys.