Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 32 - BOARD OF PHYSICIANS
Chapter 10.32.02 - Hearings Before the Board of Physicians
Section 10.32.02.06 - Post Disciplinary Reinstatement of a License
Universal Citation: MD Code Reg 10.32.02.06
Current through Register Vol. 51, No. 19, September 20, 2024
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disciplinary panel may propose concerning the reasons the license was revoked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(2) If a license was revoked or surrendered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.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
