10.32.02.06

.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 Board for postdisciplinary reinstatement only pursuant to that order;

(2) The Board 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 Board; 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 Board 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(c) Written responses to any questions the Board may propose concerning the reasons the license was revoked or surrendered and the petitionerís current fitness to practice; and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(2) If a license was revoked or surrendered while the licensee was under investigation or subject to disciplinary charges, the Board may not consider the application for postdisciplinary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 Board 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 Board may grant postdisciplinary reinstatement subject to any terms and conditions the Board considers appropriate for public safety and the protection of the integrity and reputation of the profession;

(5) The Board 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 petitionerís history;

(c) May consider presentations from both the petitioner and the administrative prosecutorís office; and

(d) Shall make a recommendation to the full Board;

(6) The full Board shall consider the application form, the petitionerís responses to the written questions, and the supporting documentation and written arguments, if any, submitted by the petitioner and the administrative prosecutorís office, as well as the reinstatement inquiry panelís recommendation;

(7) The Board 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 Board decision denying reinstatement may set out when, if ever, a subsequent petition may be submitted.

C. The Board 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 Board 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 Board. The Board may not refund the fee except for extraordinary cause.