Medical License Restoration After Suspension: Is it Possible?

September 30, 2024

Restoring a medical license after suspension is a complex and often challenging process, but it is possible in many cases. The journey to regain a medical license can vary significantly from person to person, depending on the reasons for the suspension. However, there are common steps that you can take to provide evidence of rehabilitation. Legal and professional guidance can be crucial in navigating this intricate process effectively and helping you get your physician employment back.

Why is Medical License Discipline Imposed?

Medical license discipline aims to address and correct issues affecting a healthcare professional’s ability to provide safe and effective care. It is imposed to protect patient safety, maintain professional standards, and correct unsafe practices. This includes addressing negligence, incompetence, unethical behavior, and substance abuse. The goal is to uphold the integrity of the medical profession and ensure that all practitioners meet high standards of care and conduct, safeguarding public health and maintaining trust in the healthcare system.

Types of Discipline in Georgia

In Georgia, if the Georgia Composite Medical Board decides to impose discipline, there are three types: probation, suspension, and revocation.

Probation: In this case, the Board imposes disciplinary action with monitored compliance over a set period of time. Terms vary and may include supervision, procedure restrictions, additional training, or treatment. Compliance with these conditions is essential and detailed in the Medical Board’s order.

Suspension: A suspended medical license means a healthcare provider must temporarily stop practicing medicine in Georgia. The provider can resume practice only after receiving permission from the Medical Board, which enforces the suspension.

Revocation: Revocation means a doctor’s medical license is permanently withdrawn by the Medical Board, prohibiting them from practicing in Georgia. It’s the most severe disciplinary action the Board can take.

Reasons for a Suspended Medical License

For a license to be suspended, rather than probation imposed, means that there was a fairly serious offense. Here are the types of conduct that could cause a medical license to be suspended:

  • Criminal Activity: Criminal activity is taken seriously. This includes convictions related to healthcare fraud, as well as other violent or serious offenses that are not directly related to the practice of medicine.
  • Fraudulent Activities: Fraudulent activities means engaging in fraudulent practices or misrepresentation.
  • Incompetence: Mistakes in healthcare will happen. However, certain mistakes demonstrate a significant lack of skill or knowledge in medical practice.
  • Mental Health Issues: Serious mental health conditions that can impact the ability to practice medicine competently must be treated.
  • Professional Misconduct: Gross negligence, unethical behavior, or failure to adhere to medical standards can cause a license to be suspended.
  • Substance Abuse: When a substance addiction affects the provider’s ability to practice safely, the license will be suspended. 

What Does the Medical License Restoration Process Look Like?

Getting your medical license back after a suspension can be pretty complex. For healthcare professionals looking to return to practice, it’s important to understand what’s involved. You’ll need to tackle the reasons behind the suspension, meet any conditions set by the board, and prove you’ve made real progress. Here are the basic steps to this process:

Understanding the Reason for Suspension: Before beginning the restoration process, it’s crucial to thoroughly understand the reasons behind the suspension. This helps address the root causes effectively and demonstrates genuine rehabilitation.

Compliance with Terms: Often, the medical board will impose specific terms that need to be met before a license can be reinstated. This might include completing continuing education courses, undergoing treatment for substance abuse or mental health issues, or fulfilling other requirements.

Filing a Petition: Physicians usually need to formally apply for reinstatement. This application will typically include evidence of compliance with any imposed terms, evidence of rehabilitation, and a detailed explanation of how the issues that led to suspension have been addressed.

Rehabilitation and Evidence: Demonstrating that the underlying issues have been resolved is crucial. This may involve presenting evidence of successful completion of treatment programs, providing letters of recommendation from professionals in the field, and showing evidence of continued professional development.

Decision and Appeal: After reviewing the application, the medical board will make a decision regarding the reinstatement of the license. If the petition is denied, there may be an option to appeal the decision, depending on the regulations of the jurisdiction.

Things That Affect License Restoration

Evidence of Rehabilitation: strong evidence showing that the physician has taken steps to address the issues that led to the suspension can greatly enhance the chances of restoration

Legal and Professional Guidance: engaging with legal professionals and consultants who specialize in medical license restoration can provide valuable guidance and improve the chances of a successful outcome

Severity of the Original Offense: more serious offenses may require a more extensive demonstration of rehabilitation and compliance

Time Elapsed: the amount of time since the suspension and the physician’s activities during that period can impact the decision, so demonstrating a long period of stable, compliant behavior can be beneficial to your case 

Contact a Medical License Defense Attorney

Restoring a medical license presents several challenges, such as proving that the underlying issues have been fully addressed, which can be particularly difficult if the issues are complex or ongoing. The process can also be very emotionally taxing and financially burdensome, demanding a lot of your time. Additionally, navigating regulatory requirements and ensuring compliance with all terms can also be difficult, as it requires you to pay careful attention to detail and thorough documentation.

Although the process of restoring a medical license after suspension is often challenging, it is frequently possible with the right approach and resources. Physicians seeking reinstatement must thoroughly understand the reasons for their suspension, comply with any terms set by the medical board, and provide substantial evidence of rehabilitation and readiness to return to practice. Consulting with an experienced medical license defense attorney and professional experts can also enhance the chances of a successful restoration of your medical license.

*Disclaimers: Thoughts shared here do not constitute legal advice nor do they form an attorney-client relationship.  All digital presentations by our firm or its attorneys are provided as a public informational resource.  Although intended to be correct and up to date as of the date posted, we cannot guarantee the accuracy of posted information, especially as it relates to individual situations.  We do not routinely update such information.  To determine up-to-date information about the subject matter of this information and proper application to a specific situation, it is important that you consult your healthcare attorney.  Our communications of information through the Internet shall not constitute “presence,” “doing business” or the practice of law in any location, even when a specific state or its laws/rules are referenced.  Our firm maintains offices in Georgia and no other state. Our attorneys are licensed in some, but not all, states.  For each client engagement we accept, our firm undertakes best efforts to ensure we are aware of and adhere to applicable jurisdictional requirements, which may include reviewing local rules, conducting relevant research and collaborating with, or referring a matter to, a local attorney.

We Look Forward to Working With You