Medicine is highly regulated. If you have the misfortune of being convicted and imprisoned, is there a path back to practicing medicine?
I have had clients who served time in prison. They are now gainfully employed in the practice of medicine.
So, the answer is yes, it IS possible. But it’s not guaranteed. Or easy.
Let’s start with California. If you had a license, you can petition to get it back. Business and Professions Code 2307.
(a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation.
(b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the certificate or the decision ordering that disciplinary action:
- At least five years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after three years.
- At least two years for early termination of probation or after more than one-half of the probation term has elapsed, whichever is greater.
- At least one year for modification of a condition, or reinstatement of a license surrendered or revoked for mental or physical illness, or termination of probation of less than three years….
(g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board shall automatically reject a petition for early termination or modification of probation if the board files a petition to revoke probation while the petition for early termination or modification of the probation is pending. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of three years from the effective date of the prior decision following a hearing under this section.
So, if you had a prior license, and it was revoked or surrendered because you were incarcerated, you can reapply after a waiting period.
There are exceptions – for sex crimes. Or sexual abuse, misconduct, or sexual relations with a patient.
(i) (1) The board shall not reinstate the certificate of a person under any of the following circumstances:
(A) The person’s certificate has been surrendered because the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision(a) of Section 729.
(B) The person’s certificate has been revoked based on a finding by the board that the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.
(C) The person was convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
(D) The person has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the conviction has been appealed, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
What about a lifetime ban? Can the state impose a mandatory lifetime ban on practicing? In California, it is not clear that the state has that authority. Of course one could apply, and the Medical Board of California (MBC) could just sit on it or not approve. But I do not see anything supporting a lifetime ban, at least at the level of the Medical Board of California.
I have seen plea agreements where the physician agrees with the prosecutor/court to not apply for a license again. Still, it’s not clear such a term would be enforceable. Further, it would be difficult to see how any state could force another state to accept such an outcome.
The boards of medicine will make an initial determination based on whether you can even apply, then weigh your past record and make a decision about a new license, based on its determination of fitness for duty. If you show compassion and remorse, and demonstrate you are competent to practice, at some point you should be given a reasonable shot at applying. Will that Board of Medicine grant you a license, restricted or unrestricted? Hard to say. The tighter the supply/demand ratio for the specialty you practice, the more likely you will have a shot at a “yes.”
Getting back into practice requires a license, at a minimum. Then other practical details kick in. Can you get hospital privileges? DEA license? In-network status with insurers? Medicare/Medicaid? Board certification? How long have you been out of practice, and do you need a pathway for re-entry to retrain?
Still, for many doctors who have paid their debt to society, they do not want to be remembered for a mistake they made. Many want a path to redemption. And practicing medicine is one way to start over.
What do you think?
