Section 844 IAC 7-1-6 - Surrendered licensesAuthority: IC 25-22.5-2-7
Affected: IC 25-22.5-3-1
Sec. 6.
(a) No person who has voluntarily surrendered his license or permit to practice medicine or osteopathic medicine in this state, or who surrenders such license or permit while disciplinary proceedings are pending, with written approval of the medical licensing board, shall be eligible for reinstatement unless that person establishes in a written request and by clear and convincing evidence before the medical licensing board that:(1) The person satisfies the requirements of IC 25-22.5-3-1.(2) The person has not engaged in the practice for which the person was licensed in this state or has attempted to do so from the date of surrender of his/her license.(3) The person can be safely recommended to the public and applicable professions as a person fit to be reinstated, and is able to practice his/her profession with reasonable skill and safety to patients.(4) The person is not under any physical, mental or medical disability, including addiction to intoxicants or drugs, which precludes or substantially inhibits the person from safely engaging in the practice of medicine or osteopathic medicine.(5) The person has not violated IC 25-22.5-6-2.1 prior to the surrender of licensure.(6) The person, during the period in which licensure has been surrendered, has kept abreast of current professional theory and practice.(b) As a condition precedent or subsequent to reinstatement of a surrendered license, the board may, in its discretion, require the person seeking reinstatement to: (1) obtain a complete physical and/or psychiatric examination at the person's expense;(2) participate in, and complete, courses of continuing medical education specified and approved by the board;(3) pass an examination specified by the board;(4) personally appear before board;(5) perform or refrain from performing such acts as the board may deem appropriate.(c) Any person whose license to practice medicine or osteopathic medicine has been surrendered may apply for reinstatement by filing with the medical licensing board ten (10) copies of a petition setting forth that the requirements of 844 IAC 7-1-6(a) have been satisfied or complied with, together with a nonrefundable filing fee of two hundred dollars ($200). Upon the filing as such petition and payment of the filing fee, the medical licensing board shall enter an order therein and, if reinstatement is denied and a request for hearing is filed within fifteen (15) days from the date of such denial, shall schedule a hearing. After the hearing the medical licensing board shall determine whether the petitioner has met the requirement set forth in 844 IAC 7-1-6(a), and shall determine whether, as a condition of reinstatement, disciplinary or corrective measures, including, but not limited to, reexamination, additional training or postgraduate education, or physical or psychiatric examinations should be imposed. The medical licensing board shall thereafter, upon satisfactory compliance with the requirements of 844 IAC 7-1-6 and of any and all disciplinary and corrective measures which may be imposed, enter an order denying or granting reinstatement, accompanied by any and all disciplinary or corrective measures imposed.
Any person filing for reinstatement shall be responsible for the payment of any and all costs incurred by the medical licensing board in conducting a hearing upon said petition for reinstatement which exceed the amount of the filing fee. Any such costs shall be paid by the petitioner within fifteen (15) days of the receipt of a statement therefor from the medical licensing board. In no event will there be any refund or rebate of any part of the filing fee.
In the event that a person is unable to pay the filing fee or costs or to give security therefor, the person shall file the (10) copies of a verified motion requesting waiver of the prepayment of such fees and costs accompanied by an affidavit executed on the person's personal knowledge stating that such person is unable to pay such fees and costs or to give security therefor. The affidavit shall be in the form specified by 844 IAC 7-1-2.
(d) In any case where a person surrenders his/her license to practice medicine or osteopathic medicine, said person shall:(1) Promptly notify or cause to be notified in the manner and method specified by the board, all patients then in the care of the licensee, or those persons responsible for the patient's care, of the surrender and of the licensee's consequent inability to act for or on their behalf in the licensee's professional capacity. Such notice shall advise all such patients to seek the services of another licensee in good standing of their own choice.(2) Promptly notify or cause to be notified all hospitals, medical and health care facilities where such licensee has privileges or staff status of the surrender, accompanied by a list of all patients then in the care of said licensee.(3) Notify in writing, by first class mail, the following organizations and governmental agencies of the surrender licensure:(A) Indiana Department of Public Welfare;(B) Social Security Administration;(C) the medical licensing board(s), or equivalent state agency, of each state in which the person is licensed, registered or approved;(D) Drug Enforcement Administration;(E) Indiana Hospital Association;(F) Indiana State Medical Association;(G) Indiana Pharmacists Association;(H) American Medical Association;(I) American Osteopathic Association;(J) Federation of State Medical Boards of the United States, Inc.(K) Indiana Association of Osteopathic Physicians and Surgeons(4) Make reasonable arrangements with said licensee's active patients for the transfer of all patient records, radiographic studies, and test results, or copes [sic.] thereof, to a succeeding licensee employed by the patient or by those responsible for the patient's care.(5) Within thirty (30) days after the date of license surrender, the licensee shall file an affidavit with the medical licensing board showing compliance with the provisions of 844 IAC 7-1-6(d) which time may be extended by the board. Such affidavit shall also state all other jurisdictions in which the licensee is still licensed.(6) Proof of compliance with this section shall be a condition precedent to any petition for reinstatement.(e) The board may, in its discretion, impose any conditions it deems appropriate regarding the acceptance or surrender of any license to practice medicine or osteopathic medicine including, but not limited to, the following, or any combination thereof: (1) periodic physical and/or psychiatric examination;(2) participation in continuing medical education courses;(3) periodic personal appearances before the board;(4) surrender of permits for the issuance of prescriptions for controlled substances;(5) the performance, or prohibition against performing, such acts as the board deems appropriate in the public interest or for purposes of rehabilitation or treatment, if cause therefor is established.(f) Whenever a person's license has been surrendered, and said person has not fully complied with the provisions of 844 IAC 7-1-6(d), or if said licensee has disappeared or died or is otherwise unable to comply with said section, the medical licensing board shall request the health professions service bureau or any state medical or osteopathic society to take such actions as may be appropriate to protect the interests of that person's patients.Medical Licensing Board of Indiana; 844 IAC 7-1-6; filed May 3, 1985, 10:44 am: 8 IR 1157; readopted filed Nov 9, 2001, 3:16 p.m.: 25 IR 1325; readopted filed Oct 4, 2007, 3:36 p.m.: 20071031-IR-844070050RFA