Md. Code Regs. 10.32.02.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.02.06 - Post Disciplinary Reinstatement of a License

A. Postdisciplinary reinstatement after an order of suspension is subject to the following conditions:

(1) If an order suspends a license for a certain period of time, the respondent may petition the disciplinary panel that issued the order to suspend for postdisciplinary reinstatement only pursuant to that order;

(2) The disciplinary panel may not entertain early termination of the suspension;

(3) If termination of a suspension is made contingent on the happening of an event, the respondent shall establish the occurrence of the event to the satisfaction of the disciplinary panel; and

(4) If a health care practitioner whose license is suspended fails to renew the suspended license when that license expires, the health care practitioner may petition the disciplinary panel for termination of suspension only after applying for and meeting the requirements for reinstatement set out in COMAR 10.32.01.10.

B. Postdisciplinary reinstatement of a revoked or surrendered license is subject to the following conditions:

(1) A petitioner for postdisciplinary reinstatement of a revoked or surrendered license shall submit the following:

(a) A written application for reinstatement on a form prescribed by the Board;

(b) The appropriate fee;

(c) Written responses to any questions the disciplinary panel may propose concerning the reasons the license was revoked or surrendered and the petitioner's current fitness to practice; and

(d) Evidence of the completion of continuing medical education credits to the same extent as if the petitioner had been continuously licensed;

(2) If a license was revoked or surrendered while the licensee was under investigation or subject to disciplinary charges, the disciplinary panel may not consider the application for postdisciplinary reinstatement unless:

(a) If the letter of surrender indicates that the surrender or the revocation order is for a certain length of time, the time period has expired; or

(b) If the letter of surrender or revocation order does not indicate a time certain, 3 years have passed since the date of the order; and

(c) If the letter of surrender makes reinstatement contingent on certain conditions, those conditions have occurred;

(3) The disciplinary panel may grant postdisciplinary reinstatement of a revoked or surrendered license only in accordance with the terms of the order of revocation or the letter of surrender;

(4) The disciplinary panel may grant postdisciplinary reinstatement subject to any terms and conditions the disciplinary panel considers appropriate for public safety and the protection of the integrity and reputation of the profession;

(5) The disciplinary panel that issued the order to revoke or suspend may convene a reinstatement inquiry panel which:

(a) May conduct an informal inquiry which shall include, if requested, an opportunity for the petitioner to have a personal interview with the panel;

(b) May consider the petitioner's history; and

(c) May consider presentations from both the petitioner and the administrative prosecutor's office.

(6) The disciplinary panel shall consider the application form, the petitioner's responses to the written questions, and the supporting documentation and written arguments, if any, submitted by the petitioner and the administrative prosecutor's office, as well as the reinstatement inquiry panel's recommendation;

(7) The disciplinary panel shall determine in its discretion if postdisciplinary reinstatement is in the interest of the health and welfare of the general public and consistent with the best interest of the profession; and

(8) A disciplinary panel decision denying reinstatement may set out when, if ever, a subsequent petition may be submitted.

C. The disciplinary panel shall issue a final written order on the postdisciplinary reinstatement application that:

(1) Reinstates the license of the petitioner without conditions;

(2) Reinstates the license of the petitioner with one or more of the following conditions:

(a) Probation;

(b) Requirements for supervision;

(c) Further review of competence or performance;

(d) Limitations on practice; or

(e) Other conditions that the disciplinary panel considers necessary; or

(3) Denies reinstatement.

D. An order granting or denying postdisciplinary reinstatement is an order resulting from formal disciplinary action.

E. A petition for postdisciplinary reinstatement may be withdrawn only with the permission of the disciplinary panel. The disciplinary panel may not refund the fee except for extraordinary cause.

Md. Code Regs. 10.32.02.06

Regulations .06, Hearing Procedures, repealed effective November 7, 1994 (21:22 Md. R. 1877)
Regulations .06, Hearing Before the Board of Physician Quality Assurance, adopted effective November 7, 1994 (21:22 Md. R. 1877)
Regulation .06 amended effective 42:4 Md. R. 433, eff.3/2/2015