Revocation of Diploma or Certificate
Candidates for Certification, Maintenance of Certification (MOC) and physicians holding Diplomate Status must hold an unrestricted active license to engage in the practice of medicine in all of the states and territories in which they are licensed, subject to the exceptions hereinafter specified.
A physician's license shall be deemed "restricted" for purposes of this policy if, as a result of final action by a State or other legally constituted Medical Board (hereinafter "State Medical Board"), the physician shall have:
- had his/her license revoked or surrendered his/her license in lieu of revocation;
- had his/her license suspended for a specified period of time or until specified conditions have been met and the suspension is no longer in effect;
- been placed on probation and the probationary period had not expired;
- been made subject to special conditions or requirements which are still in effect, (including, but not limited to, supervision, chaperoning during the examination of patients, additional training beyond that required of all physicians for the maintenance of licensure) and regardless of whether or not such conditions or requirements are imposed by order of the State Medical Board or are the result of a voluntary agreement between the physician and the State Medical Board.
Letters of concern or reprimand, not resulting in one of the stipulations which are enumerated in 1-4 above shall not be considered a restriction on the physician's license, even if such letters are made part of the physician's record. Likewise, a physician who has voluntarily entered into a rehabilitation program for chemical dependency or a practice improvement plan with the approval of a State Medical Board shall not be considered for purposes of this policy, to have a restriction on his/her license to practice medicine.
Upon receipt of Notice that the license of a physician seeking to sit for Certification and then subsequently apply for MOC has been revoked or restricted, as herein defined, such Physician shall be disqualified from sitting for any ABOG Certifying Examination or enter the MOC process until such restriction has been removed or expires.
Upon receipt of Notice that a Diplomate's license has been revoked or restricted, as herein defined, the Board has the authority and may at its discretion, undertake proceedings, consistent with due process, to revoke his/her Diplomate Status. Once revoked, the Diplomate Status of the physician shall be reinstated only after the revocation or restriction on his/her license has been removed or expires and then only on such terms as the Board deems appropriate, considering, among others things, the period of time the physician has not been able to engage in the unrestricted practice of medicine and his/her specialty.
Upon receipt of Notice that the license of a Candidate or Diplomate has been revoked or restricted under an order which nevertheless permits him/her to continue to practice medicine, the Board has the authority and shall at its discretion undertake proceedings, consistent with due process, to determine whether or not such restriction is of such nature and extent as to preclude consideration for Certification and the MOC program until the revocation or restriction is removed. In making such determination, the Board must evaluate such restrictions or revocations in accordance with pre-established standards, which are objective and non-discriminatory and are applied consistently and uniformly.
The Board shall require each Diplomate or any physician seeking to sit for Board Certification and subsequently participate in MOC to provide the Board with complete information concerning revocation or any and all restrictions placed on his/her license within sixty (60) days after its imposition. Such information shall include, but not be limited to, the identity of the State Medical Board imposing the restriction, as well as the restriction's duration, basis, and specific terms and conditions.
The Board shall also periodically review the database of the Federation of State Medical Boards, as appropriate and when available, to identify any Candidates or Diplomates who have failed to disclose license restrictions in a timely manner. However, the Candidate or Diplomate has the affirmative obligation to advise the Board of all revocations or restrictions and to inform the Board when such restrictions or revocations expire or are otherwise removed. Candidates or Diplomates who are discovered not to have made timely disclosure shall be required to show cause why their Candidate or Diplomate status should not be withdrawn, deferred or otherwise sanctioned, and the Board may defer further consideration or reinstatement of Diplomate status until such showing is satisfactorily made.
Each candidate, when making application, signs an agreement regarding disqualification or revocation of their diploma, certificate, or other evidence of qualification for cause. Disqualification or Diplomate revocation also may occur whenever:
- the physician shall not, in fact, have been eligible to receive the diploma or certificate, irrespective of whether or not the facts constituting such ineligibility were known to or could have been ascertained by this Board, its members, directors, examiners, officers, or agents at or before the time of issuance of such diploma or certificate;
- any rule governing examination for a diploma or certificate shall have been violated by the physician but the fact of such violation shall not have been ascertained until after the issuance of his diploma or certificate;
- the physician shall have violated the moral or ethical standards of the practice of medicine then accepted by organized medicine in the locality where the Diplomate is practicing and, without limitation of the foregoing, the forfeiture, revocation or suspension of their license to practice medicine, or the expulsion from, or suspension from the rights and privileges of membership in a local, regional or national organization of their professional peers shall be evidence of a violation of such standards of the ethical practice of medicine;
- the physician has been convicted of a felony or has pled guilty to a felony;
- the physician shall fail to comply with the rules and regulations of this Board;
- the issuance of, or receipt of such diploma, certificate or other evidence of qualification shall have been contrary to or in violation of the Certificate of Incorporation or the By-laws of this Board.
Upon revocation of any diploma or certificate by this Board as aforesaid, the holder shall return their diploma or certificate and other evidence of qualification to the Executive Director of the Board and their name shall be removed from the list of certified specialists.
Policy approved on 4/22/2014