License Restoration

Information for Medical Professionals

What steps can you take to restore a suspended license?

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FAQs about Licence Restoration

License Restoration

Can sanction Orders on the OPMC website be expunged?

If you were sanctioned by OPMC perhaps 15 years ago you might want to ask OPMC to remove the public sanction from its website.  The regulations say that OPMC must keep the sanction Order public for 10 years.  So, it would seem that OPMC has the discretion to take an old sanction Order off the website.  However, in my experience OPMC will simply not remove any Order.  I suppose you could go to court to say that OPMC is acting in an arbitrary fashion when it refuses to remove a very old sanction, but that would be expensive and I am not at all sure a court would substitute its judgment for that of OPMC.

Can records at the OPD be expunged?

Requests can be made but for the most part OPD will not remove a sanction unless there is truly a compelling reason.  You should try to have it removed, do not be surprised if the answer is no.

Is there a fee to restore my licence?

Yes, the application fee to restore a suspended New York Physician’s license is $750.00 payable to the Department of Education.

Restoration of a suspended physician’s license in New York

If you have lost your medical license in New York state, you truly have an uphill climb to have the license restored.  You really have to start the restoration process the day your license is revoked.  You can apply for restoration after three years from the date of revocation but you have to really be dedicated to do all of the things necessary to give yourself a fighting chance to have the license restored.  Please see my article on this subject.

FAQs About Nurses

Nurses

Can a nurse maintain a license in a substance abuse situation?

The answer is a qualified yes.  A nurse, like a doctor, must start with rehabilitation therapy and that might convince the Department of Education that the nurse is capable of treating patients without being a danger to those patients.  The entire situation has to be handled very carefully with an experienced lawyer.

What can be done to prevent a claim of overbilling by an HMO?

As a medical provider in private practice if you are going to bill an HMO I recommend that you and your staff retain a billing firm to give instruction as to how to properly bill your services.  Not only will this information keep you out of a billing issue with the HMO, but you will also learn how to legally maximize your billing to capture the highest amount permitted.  You want to avoid a claim of over billing because not only could that claim cost you a very large amount in repayments, but you also might be in an allegation of fraud situation with the Department of Health or the Department of Education.

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