OLR Research Report

September 25, 2012




By: Nicole Dube, Associate Analyst

This report summarizes the process a physician must complete to reinstate a license he or she voluntarily surrendered.

The Department of Public Health (DPH) and the Connecticut Medical Examining Board (CMEB) share the responsibility for licensing and disciplining physicians. DPH performs the board's licensure-related tasks and investigates complaints of professional misconduct. CMEB's primary role is to advise DPH in performing these functions and to make final disciplinary decisions (see OLR Report 2009-R-0435 for greater detail).

If DPH receives a complaint of professional misconduct against a physician, the physician may choose to voluntarily surrender his or her license prior to or during a pending investigation or other disciplinary proceeding. A physician who does so can write to DPH about his or her intention to request licensure reinstatement. Upon receiving the letter, DPH will send the physician a reinstatement application along with specific instructions and information that must accompany the application. If the physician has been out of practice for more than six months, CMEB reviews the application. And, according to DPH, if the physician has been out of practice for more than two years, he or she must complete the Federation of State Medical Board's Special Purpose Exam. This is a computerized, multiple-choice examination focusing on core clinical knowledge and science principles necessary to safely and effectively practice medicine. CMEB may also recommend additional coursework, a skills evaluation, or other assessment, depending on the issues identified in the original complaint that led to the voluntary surrender. DPH includes the following language in all voluntary surrender agreements:

“I understand and agree that if I seek a new license or to reinstate my license at any time in the future, the allegations contained in Petition Number XXXX-XXXXXXXX shall be deemed true. I further understand that any such application must be made to the Department which shall have absolute discretion as to whether said license shall be issued or reinstated and, if so, whether said license shall be subject to conditions.

I hereby waive any right to a hearing I may have regarding any request that my license be reinstated or that a new license be issued and also waive any right that I may have to appeal or otherwise challenge the disposition of any such request.”

DPH must seek CMEB's recommendation on whether to grant licensure reinstatement and, if it does, any associated terms and conditions.

If a physician had a statement of charges pending with CMEB at the time of voluntary surrender, and DPH recommends licensure reinstatement, CMEB must agree to the terms and conditions and sign the reinstatement consent order.