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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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New York Medical License Reinstatement Lawyer

By Spodek Law Group | July 27, 2023
(Last Updated On: October 13, 2023)

Last Updated on: 13th October 2023, 05:17 pm

New York Medical License Reinstatement Lawyer – A Guide for Doctors Seeking License Restoration

Losing your medical license can be devastating. As a doctor, being able to practice medicine is so important to who you are and what you do. But mistakes happen. There are many ways licenses can be revoked – allegations of incompetence, negligence, substance abuse, criminal convictions, and more. It happens more than you think.The good news is, there are options for getting your New York medical license back. It won’t be easy, but with the right legal help, reinstatement is possible. This article will walk you through the process and what to expect.

How New York Medical Licenses Get Revoked

In New York, physician licensing and discipline is governed by the State Education Department’s Office of Professional Medical Conduct (OPMC). They are the ones who investigate complaints and accusations against doctors. If the OPMC determines a doctor committed professional misconduct, they can impose penalties like fines, probation, limitations on practice, and suspension or revocation of license.Some common reasons for discipline and license revocation include:

  • Negligence and incompetence
  • Substance abuse
  • Fraudulent and immoral conduct
  • Criminal convictions
  • Sexual misconduct
  • Improper prescribing
  • Failure to maintain proper medical records

Doctors also sometimes voluntarily surrender their licenses to avoid formal charges and discipline. But whether your license was revoked or surrendered, the effect is the same – you cannot legally practice medicine in New York.

The Waiting Period for Reinstatement

If your New York medical license has been revoked, you’ll have to wait 3 years before you can apply to have it reinstated. Unfortunately there’s no way around this waiting period. It gives you time to get your affairs in order, receive treatment if substance abuse was involved, and develop a game plan for convincing the board you deserve your license back.After 3 years, you’ll need to get a copy of the medical license reinstatement application from the New York State Education Department’s OPMC. Make sure it’s the right form – you need the application for medical license reinstatement, not just initial licensure.

Gathering Evidence to Support Reinstatement

Your reinstatement application will need to include evidence that you are fit to practice again and deserve to get your license back. This usually comes in the form of written statements and affidavits from other physicians willing to advocate for you.Here are the witness requirements:

  • Five total witnesses – Three must be physicians, but all five can be physicians if you want. It helps to have some diversity.
  • All five witnesses must provide signed affidavits explaining why you should get your medical license reinstated. These statements are crucial so make sure you choose reliable people willing to write strong, persuasive affidavits.
  • Letters of recommendation from respected institutions or job offers can also help demonstrate you are ready to be a contributing member of the medical community again.

In addition to witness statements, be prepared to explain fully why you should be reinstated and what you will do if you are. Show how being a doctor is central to who you are. Discuss what you’ve done to correct past problems. Explain how you will avoid issues in the future.

The Medical License Reinstatement Hearing

After you submit your reinstatement application, a hearing will be scheduled within 6-12 months. Having a medical license attorney to represent you at the hearing is highly recommended. An experienced lawyer can help prepare you to testify and guide you through the process.Here’s an overview of what happens during the hearing:

  • You will have a chance to testify about why your license should be reinstated. Be honest, remorseful, and emphasize all the ways you are ready to practice again.
  • Your witnesses will also testify on your behalf. Make sure they are prepared with persuasive, relevant remarks.
  • Your lawyer and the OPMC’s lawyer will give opening and closing statements summing up the case.
  • The board will ask you questions about the circumstances surrounding your license revocation, your time away from medicine, and your plans if reinstated. Answer truthfully – they will likely already know the facts so lying will destroy your credibility.

The Medical Board’s Decision on Reinstatement

After the hearing concludes, the board will issue a recommendation on whether to reinstate your license. This recommendation gets sent to you, your attorney, and the Committee on the Professions.The Committee on the Professions has final say on whether your license will actually be restored. They formally consider the board’s recommendation along with your full application.There are a few different potential outcomes:

  • Full Reinstatement – Best case, the board recommends reinstatement and the Committee grants it. Your license is restored in full with standard renewal requirements.
  • Probationary Reinstatement – The Committee reinstates your license but with certain conditions like close monitoring, practice limitations, mandated therapy, etc. You must comply with these terms to keep your license.
  • Continued Revocation – If the board does not recommend reinstatement, the Committee is highly unlikely to go against that suggestion. Few cases result in outright denial, but it does happen occasionally.

The waiting is agonizing, but with an experienced medical license reinstatement lawyer guiding you through the process, there is hope. Many doctors in your shoes have successfully had their licenses restored in New York. It takes hard work and perseverance, but you can do it too.

Finding the Right New York Medical License Reinstatement Attorney

Having an excellent lawyer makes all the difference in getting your medical license reinstated. This is not something you want to handle alone. Find an attorney who specializes in New York medical license defense with a proven track record of success.Look for these important qualities in the right lawyer:

  • Deep knowledge of OPMC processes – Navigating license reinstatement requires understanding the system and key players inside and out. You want someone intimately familiar with the OPMC’s policies and procedures.
  • Relationships with OPMC officials – A lawyer who has worked with the OPMC before and has professional contacts there can help tremendously. Those relationships provide valuable insight into how the board operates.
  • Experience representing doctors – Handling physician misconduct cases is a niche area of law. Seek out a lawyer with extensive experience specifically representing doctors in licensing disputes.
  • Successful track record – Look for a lawyer and firm with a history of winning license reinstatement cases. Check reviews and ask for case results.
  • Empathy and commitment – The right lawyer will treat you with compassion, understand this is about more than just your career, and fully commit to your case. Make sure they have time for you.
  • Reasonable fees – Lawyers with the experience you need are not cheap. But look for fair rates and flexible payment options. Avoid lawyers quoting fees that seem exorbitant.

Thoroughly research lawyers’ credentials and consult with several before choosing who to hire. This is a decision you can’t afford to get wrong, so take your time.

The Waiting Period: How to Prepare for Reinstatement

Waiting the required 3 years before applying for reinstatement can feel endless. Here are some productive things you can do during this time:

  • Work in healthcare – If possible, take a non-clinical healthcare job to show your commitment to the field. Anything from medical writing to pharmaceutical sales to device tech support helps.
  • Consider relocating – It may be easier to get reinstated in another state depending on the reason for revocation. Each state has its own process.
  • Enroll in continuing education – Complete CME courses to address deficiencies and show your desire to stay current on medical knowledge.
  • Obtain specialty certification – Earning board certification demonstrates your expertise and can help convince the OPMC you are ready to practice again.
  • Seek counseling – If substance abuse or mental health issues were related to your revocation, get treatment and document your progress. Ongoing support groups also help.
  • Do community service – Giving back to the community makes a good impression. Volunteer at free clinics or support groups related to your specialty.
  • Network – Attend medical conferences and rebuild connections in the healthcare field. You’ll need physician advocates for testimony.
  • Research requirements – Fully understand New York’s reinstatement process and requirements so you are prepared to start your application promptly at 3 years.
  • Stay up to date – Carefully follow developments in your specialty by reading journals and taking CME courses. You’ll need to show your knowledge is current.

This waiting period is the perfect opportunity to show the OPMC you are ready and eager to return to practice as a better, wiser doctor.

Conclusion: There Is Hope for Medical License Reinstatement

Losing your hard-earned medical license is difficult, but it does not have to be the end. With determination and the right legal guidance, many doctors in your situation have successfully had their licenses reinstated in New York.Find an experienced New York medical license reinstatement attorney to improve your chances. Be honest and thoughtful when applying for reinstatement. Gather persuasive evidence of your rehabilitation. And remember, the OPMC wants to know you are safe to practice again.Although the process is arduous, reinstatement is possible if you have the right help. Do not give up hope. Focus on showing the OPMC you deserve to be a doctor again. With dedication and time, you can get your career back.

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