Getting a Medical License Reinstated After Suspension
When a physician’s medical license is suspended after a medical license investigation, there are profound consequences for the provider and the healthcare institution. Most importantly, the provider is unable to practice. Fortunately, there is a possibility of license reinstatement. Here are tips for getting a medical license reinstated in Georgia.
About Physician Discipline in Georgia
The Georgia Composite Medical Board makes decisions regarding discipline that are proportional to the wrongness of the conduct. Disciplinary actions by the Medical Board in Georgia include probation, suspension, and revocation. Probation places a licensee under monitoring for a set period, with terms that may include supervision, procedure restrictions, additional training, or medical/psychiatric treatment. Suspension requires the provider to temporarily stop practicing medicine in Georgia until the Board permits them to resume. Revocation is the most severe action, permanently withdrawing the license and prohibiting the individual from practicing medicine in Georgia.
Reasons for Suspension
The best way to avoid the sometimes challenging process of getting one’s medical license reinstated is to avoid the suspension in the first place. While each individual suspension is different, these are the most common reasons for medical license suspension:
Professional Misconduct
Professional misconduct includes violations of ethical codes, exploitation of patients, or inappropriate relationships. Examples include sexual misconduct with patients, falsifying medical records, misrepresenting credentials, or engaging in discriminatory practices. Physicians may also face suspension if they fail to maintain professional boundaries, engage in fraudulent billing, or violate patient confidentiality laws such as HIPAA.
Criminal Convictions
Criminal activity is another major cause for license suspension. Physicians convicted of crimes, particularly those related to drugs, fraud, or violent offenses, are often subject to immediate action by the medical board. Drug-related offenses may include possession, distribution, or prescription drug diversion. Fraudulent activity, such as insurance or Medicare fraud, can also lead to suspension because it demonstrates dishonesty and a risk to the public.
Substance Abuse and Impairment
Physicians who struggle with substance abuse may pose a serious risk to patient safety. Alcohol or drug addiction, including misuse of prescription medications, can impair clinical judgment and performance. State medical boards may suspend a license if a physician is unable to practice safely due to addiction. Many boards require physicians to participate in rehabilitation programs, random drug testing, and monitoring as conditions for reinstatement.
Negligence and Incompetence
Medical license suspension can also result from professional negligence or incompetence. Repeated errors in patient care, failure to meet the standard of care, or grossly inadequate treatment can trigger disciplinary action. Physicians may be required to undergo remedial training, peer review, or supervised practice before their license is reinstated.
Failure to Comply with Regulatory Requirements
Physicians are required to comply with state regulations and licensing requirements, including continuing medical education (CME) and timely license renewals. Failure to meet these obligations can result in suspension until compliance is restored. Additionally, failure to cooperate with a board investigation or to respond to complaints can lead to disciplinary action.
Getting a Medical License Reinstated in Georgia
Each state has its own requirements for medical license reinstatement. If the physician is licensed in Georgia, the Georgia Composite Medical Board puts forth specific requirements.
Reinstatement of a medical license is considered at the discretion of the Medical Board. A license that has been revoked generally cannot be considered for reinstatement until at least two years have passed. If a request is denied, the Board may require another two-year waiting period before a new application is reviewed. Applicants must show they have maintained current medical knowledge, skills, and the physical and mental ability to practice safely. The Board may require a meeting with the applicant and may also require examinations or other remedial steps if the individual has not practiced medicine for an extended period. Applicants must submit a reinstatement application, required fees, proof of continuing education, and documentation verifying citizenship or legal immigration status before reinstatement can be considered.
First, all submitted documents must be in the original, unaltered, and official form when required. Copies should be 8½ x 11 inches, and faxed or double-sided copies are not accepted. Since February 2005, applicants may include certain primary source documents themselves, provided they follow the Board’s guidelines.
Primary source verification includes reference forms from licensed physicians who have known the applicant for at least six months. Two forms are needed. Each must be completed and signed by the reference and submitted in a sealed envelope. Altered or faxed forms are not accepted. Applicants must also request their own records from the National Practitioner Data Bank (NPDB) and the Healthcare Integrity and Protection Data Bank (HIPDB) and send the unopened response directly to the Board. This is unless they have only ever held a temporary, limited, training license, or are licensed in Canada.
Other primary source documents must come directly from the issuing authority. This includes verification of all medical licenses held, whether permanent, temporary, training, or limited. Each state or jurisdiction must send official license verification directly to the Board, including dates and the method of licensure.
Documents the applicant provides themselves include: completed application pages, a malpractice questionnaire detailing any complaints, settlements, or dismissals, and proof of continuing medical education (CME) credits totaling 80 hours over the last two years. Applicants also need to submit a notarized affidavit, a current passport-style photo, and a complete CV outlining education, employment, and medical activities, explaining any gaps. Board certification documents should be included if applicable.
If the applicant wants someone else to handle the reinstatement process on their behalf, a notarized Specific Power of Attorney is required to authorize discussions about the application.
Contact a Medical License Defense Attorney
A medical license defense attorney can assist healthcare professionals in protecting and restoring their ability to practice. Having an advocate in one’s corner during the reinstatement process can make a huge difference, not just in providing support but in achieving the best outcome.