Disciplinary proceedings can result in a range of sanctions, including suspending or revoking your professional license. However, once your suspension has ended or the circumstances that led to the revocation of your license have changed, you may be interested in reinstating your license. Unfortunately, reinstatement following disciplinary proceedings is not always straightforward and varies widely from one profession to the next.
The professional license defense lawyers of Bertolino, LLP, can help you navigate the reinstatement process and gather the evidence you need to support your reinstatement. We can fight back against denials of reinstatement and work with your licensing board or commission to obtain the license you need to resume your career. All professions have different procedures and policies for license reinstatement. A discussion of license reinstatement procedures for a few different professions follows.
Reinstating Your Medical License
Under Tex. Occ. Code § 164.151, the Texas Medical Board (TMB) has the authority to reissue a license to practice medicine to a person whose license has been canceled, revoked, or suspended. To apply for reissuance of a medical license, the individual must complete an application and pay the necessary fees. In addition, the applicant must prove that reinstatement of the medical license is in the public’s and the applicant’s best interest.
However, under Tex. Occ. Code § 164.152, an individual may not apply for reinstatement of a medical license any earlier than the first anniversary of the date that the license was revoked or the revocation became final. In addition, in the event of a denial, the individual may not reapply for reinstatement more than annually.
Certain individuals are ineligible for reinstatement of a medical license under Tex. Occ. Code § 164.153, including those whose license the TMB canceled, revoked, or suspended due to a felony conviction under:
- Tex. Health and Safety Code § 481 or 483
- Tex. Health and Safety Code § 485.033
- The Comprehensive Drug Abuse Prevention and Control Act of 1970, or 21 U.S.C. Section 801 et. seq.
The only exception to this prohibition on reinstatement is if the TMB makes an express determination based on substantial evidence in an investigative report indicating that reinstatement is in the best interests of the public and the applicant.
A decision by TMB to deny an application to reinstate or reissue a license is subject to judicial review. Under Tex. Occ. Code § 164.009, an applicant can appeal the denial of an application to a Travis County district court no more than 30 days after the TMB decision becomes final.
Reinstating Your Nursing License
As with a medical license, former nurses cannot reapply to have their nursing licenses reinstated until a full year has passed since the loss of their licenses, whether due to involuntary revocation or voluntary surrender. The individuals then must complete an application for reinstatement with the Texas Board of Nursing (BON), undergo a federal background check, and provide all required supporting documentation to be considered for reinstatement.
The supporting documentation will vary by the applicant and the reasons for the original license revocation or surrender. For instance, if the applicant has a history of drug or alcohol addiction, they must be able to demonstrate at least one year of sobriety. Examples of supporting documents might include:
- Discharge or completion documents from any inpatient or outpatient substance abuse treatment plan
- Letters from your treating physician, therapist, or counselor
- 12 months of random negative drug screens
- Documentation of regular sobriety support group attendance
- Letters of support from your sponsor
Likewise, if the applicant has a criminal history, they must submit documentation of all arrests, convictions, deferred adjudications, periods of probation, pre-trial diversions, and periods of incarceration.
An applicant must also submit three or more professional references from current or former employers and verify the completion of at least 20 contact hours of continuing nurse education.
BON Procedures for Considering Applications for Reinstatement
Once an individual has applied for reinstatement, they will receive either a proposed Reinstatement Agreed Order or an invitation to an informal conference to discuss the application for reinstatement. In the case of an informal conference, the applicant and their attorney will meet with a panel of BON staff. BON staff will ask the applicant to provide information and answer questions relevant to the application for reinstatement.
At the end of the informal conference, the BON panel will advise the applicant whether they recommend reinstatement of their nursing license. If the panel recommends reinstatement, the panel will mail the applicant a Reinstatement Agreed Order. The applicant can accept the Reinstatement Agreed Order, sign it, and return it to the BON for approval. However, if the BON rejects the Reinstatement Agreed Order, the applicant can request a public hearing or re-petition for reinstatement after the date specified.
On the other hand, if the BON panel denies your application for reinstatement, the applicant also can request a public hearing before an administrative law judge (ALJ) after the date specified.
We Are Here to Help You Get Your License Reinstated
When seeking to reinstate a professional license, you may be unsure where to turn first. Our professional license defense attorneys stand ready to represent your interests, defend you from any allegations against you, and support you as you work toward reinstatement. Call us today at (512) 515-9518 to reach the offices of Bertolino LLP, or contact us online.
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