Administrative Law Topics: Reinstatement / Termination of Probation

Ob-Gyn Wins Early Termination of Probation

A California Ob-Gyn was one of a small group of specialists serving a rural area.  A patient whom the physician had previously treated , having delivered her children, presented with complaints of unusual, continuous bleeding.  The doctor asked the patient to undergo a pelvic exam and Pap smear to help determine the cause of bleeding.  The patient demurred, saying she had just undergone a Pap smear and exam with her primary care physician who referred her to the Ob-Gyn.  She said she was embarrassed and uncomfortable undergoing further examination.

Medical Board Grants Petition for Early Termination of Probation

A California medical Resident suffered a criminal conviction based on a plea to “wet reckless” (reckless driving with alcohol involvement) in the second year of residency, just prior to PGY-3 (Post-graduate year 3).  In PGY-3 residents are required to acquire a license from the Medical Board of California in order to complete their residency program in-state. 

Medical Board Petition to Terminate Probation Early Granted

A psychiatrist was put on probation by the Medical Board of California following an administrative law hearing in 2010 after an accusation charging negligence and record keeping violations had been filed.  The doctor was found negligent for failing to provide adequate means for patients to make contact on an emergency basis, as well as record keeping violations.  The term of probation imposed was five years, with requirements that courses in Ethics and Record Keeping be completed.

CTC Grants Teacher's Petition for Reinstatement

When a teaching credential is revoked for misconduct, it can be difficult to obtain reinstatement.  Only deserving cases will merit that remedy, and they must be presented with sensitivity and professionalism.

Recently, our office represented a teacher whose credential had been revoked almost 20 years ago for misconduct involving a student. The teacher had made several previous petitions for reinstatement, all of them unsuccessful.

Several factors made the difference this time, including:

Reinstatement Physician Interview: Medical Board of California--Law & Policy

Reinstatement Interview: A Physician's Petition for Reinstatement with the Medical Board of California--a Matter of Law and Policy

Reinstatement of a California Medical License

The Medical Board of California has a form entitled Petition for Penalty Relief, which is used for three purposes:

(1)   Petition for reinstatement of a revoked or surrendered medical license;

(2)   Petition for early termination of probation; and

(3)   Petition for modification of probation terms.

Department of Real Estate reinstates revoked salesperson's license after rehabilitation from federal loan fraud conviction

In 2009, the California Real Estate Commissioner granted our petition for reinstatement of a real estate salesperson's license. The license had been revoked in 1997 because of a federal criminal conviction for submitting a false bank loan application. A key factor in this case was the strength of the rehabilitation evidence.