Appeals Process for Suspended or Revoked Certificates and Restricted Medical License Determinations
Should a certificate be revoked or suspended, or a medical license be deemed restricted, the ABAI affords the physician an appeals process for review of such decisions. The physician will be notified in writing that his/her certificate has been suspended or revoked, or that his/her medical license has been deemed restricted. Upon notification of such action, the physician has thirty (30) days to respond by stating, in writing, with appropriate supporting documentation, why his/her Diplomate status should be preserved and/or why his/her medical license should not be deemed restricted. In addition, within thirty (30) days of the suspension or revocation, the physician may request the opportunity to appear personally or by counsel before the ABAI Ethics and Professionalism Committee (EPC).
From the time of the physician's personal appearance before the EPC or from receipt of the physician's written appeal (whichever occurs later), the EPC has 30 days to uphold its determination of revocation or suspension of the Diplomate's certificate and/or its determination that the physician's medical license is restricted. The Board will notify the physician of the EPC's decision, the basis for the decision, and his/her right to appeal the EPC's decision to the ABAI Board of Directors within 30 days of notification. If the physician appeals the EPC's decision to the Board within the time specified, the Board will review only the information submitted to and considered by the EPC.
The Board may uphold, reverse or remand the EPC's decision. If the Board disagrees with the EPC's decision, it may reverse the decision or remand the matter to the EPC for further consideration. The Board will inform the physician and the EPC in writing of its decision. The Board's decision will be final, except in the case of a remand, in which case, the EPC's decision on remand will be final.
To be reconsidered for reinstatement of certification due to action taken against a medical license, the physician must provide written documentation to the ABAI that the license has been restored without restrictions. Upon successful reinstatement or remedy of a restricted medical license, certification may be regained by successful completion of the ABAI's MOC program.