Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-19 - DISCIPLINARY GUIDELINES › Section 64B15-19.0055 - Reinstatement of License

Current through Reg. 50, No. 138; July 16, 2024
(1) No license to
				practice osteopathic medicine in Florida which was revoked by the Board after
				June 5, 1983, or which was voluntarily relinquished after July 1, 1988, shall
				be subject to reinstatement unless leave to petition for reinstatement was
				specifically authorized in the final order. An osteopathic physician whose
				license was revoked or relinquished may, however, apply for relicensure unless,
				in the case of relinquishment, the osteopathic physician explicitly agreed
				never to reapply for licensure.
(2)
				When disciplinary action is taken against a licensee which results in the
				licensee's being unable to use the license for a period of time for reasons
				including, but not limited to, suspension, inactivation, or other restriction,
				but not including revocation subsequent to June 5, 1983, the licensee may
				petition for reinstatement of the license as follows:
(a) When the suspension, inactivation, or
				restriction is for a definite period of time and is not based upon the
				osteopathic physician's ability to safely engage in the practice of osteopathic
				medicine pursuant to Section
				 459.015(3),
				F.S., the license shall be reinstated upon expiration of the period of
				suspension if full compliance with the final order has been shown and the
				licensee has submitted documentation of completion of the continuing medical
				education requirements imposed on an active status licensee for all biennial
				licensure periods in which the licensee was suspended, inactive or under other
				restriction.
(b) When the
				suspension, inactivation, or other restriction is for a definite period of
				time, is based upon the osteopathic physician's ability to safely engage in the
				practice of osteopathic medicine, or both, the licensee shall demonstrate to
				the Board at the expiration of the period of suspension, or immediately prior
				thereto, compliance with the terms and conditions of the final order,
				completion of the continuing medical education requirements imposed on an
				active status licensee for all biennial licensure periods in which the licensee
				was suspended, inactive or under other restriction, and, where applicable, the
				ability to safely engage in the practice of osteopathic medicine in order to
				obtain reinstatement. The Board shall consider reinstatement at either the
				Board meeting immediately preceding expiration or at any Board meeting
				subsequent thereto. If the licensee is able to demonstrate compliance with the
				terms of the final order and, where applicable, the ability to safely engage in
				the practice of osteopathic medicine, the Board shall reinstate the
				license.
(c) When the suspension,
				inactivation, or other restriction is for a definite period of time or for an
				indefinite period of time, the licensee may petition the Board to consider
				reinstatement of a license acted against for an indefinite period of time or
				early reinstatement of a license acted against for a definite period of time.
				When such a petition is filed, it must include all documentation of the
				petitioner's compliance with the final order, completion of the continuing
				medical education requirements imposed on an active status licensee for all
				biennial licensure periods in which the licensee was suspended, inactive or
				under other restriction, petitioner's ability to safely engage in practice,
				petitioner's plan for the return to practice, and any other information which
				the petitioner would want the Board to consider if it grants the petition for
				consideration. If the plan for return to practice includes a period of
				supervised practice, the documentation should include the name of the proposed
				supervising physician and a written statement from the proposed supervising
				physician of his or her willingness to serve in that capacity. No oral
				testimony or personal appearance will be permitted at the time the Board hears
				a petition to consider reinstatement or early reinstatement. Upon the granting
				by the Board of the petition to consider such reinstatement or early
				reinstatement, the licensee shall, at a subsequent meeting, have an opportunity
				to demonstrate his or her ability to safely engage in the practice of
				osteopathic medicine and compliance with the terms of the final order. The
				Board shall reinstate the license upon a proper demonstration of competency and
				of compliance with the final order by the licensee.