When Your Michigan Health Care License is Revoked or Suspended

What happens when a Michigan health care license is revoked or suspended? Not all suspended or revoked licenses can be reinstated. In cases where reinstatement is possible, having a knowledgeable and experienced attorney optimizes the chances of reinstatement.

An Application for Reinstatement of a Suspended/Revoked License or Registration must be filed, along with the appropriate fee, and supporting documents attached to the application. These include at least two affidavits in support of the application. These affidavits must be notarized and must contain statements indicating that the professional seeking reinstatement is of good moral character, able to resume the practice of the profession with reasonable skill and safety, and that it is in the public interest that the license be reinstated.

Guidelines for Michigan Health Care License Reinstatement

The Michigan Department of Licensing and Regulatory Affairs (LARA) Bureau of Health Care Services currently sets forth eight guidelines which, if applicable, must be satisfied in order for a Michigan health care professional's license to be reinstated:

• Participation in one or more community service or professional volunteer activities or programs since the revocation or suspension of the license or registration;
• If the applicant's license was suspended or revoked due to a substance abuse violation, successful completion of one or more substance abuse treatment programs;
• If the applicant's license or registration was suspended or revoked due to a mental, psychological, emotional, or physical disorder, the applicant has participated in an inpatient or outpatient treatment for mental, psychological, emotional and/or physical disorders.
• The applicant has complied with all terms of his or her order of discipline, including payment of any fines and costs specified in the order.
• Successful completion of one or more continuing education programs during the period of suspension or revocation, or completion of current literature concerning the practice of his or her particular profession.
• If the applicant was out of practice for a significant time period, participation in didactic or clinical training, including remedial education in areas previously found deficient, or successfully completion of an overall refresher course.
• Submission of an assessment or evaluation of the applicant’s professional skills and knowledge by an individual or entity qualified to make such an evaluation.
• A good-faith desire to be restored to the privilege of practicing the applicable profession in Michigan.

Michigan health care professionals are required to comply with other requirements for reinstatement of a license, including submitting to a criminal background check and fingerprinting. If a response is filed by the Bureau or Office of Attorney General, in opposition to the application within 30 days of the application's filing, a hearing on the matter will be scheduled. These hearings take precedence over Administrative Hearings, so you must be prepared to immediately proceed with your Reinstatement Hearing once your petition is submitted. The hearing may be scheduled within a matter of weeks.

Preparation for Hearing on Reinstatement

It cannot be emphasized strongly enough that a professional must be thoroughly prepared for any hearing regarding professional license reinstatement. The stakes are very high: if an application for reinstatement is rejected by the Board after a hearing, the applicant may be required to wait another full year before reapplying.

The best way to prepare for a reinstatement hearing is to enlist the help of a Michigan attorney who has extensive experience in health care licensing defense; most attorneys, unless they concentrate their practice in this field, are unfamiliar with this area of administrative law. Since this is a specialized area of the law, not all attorneys who are licensed in Michigan are familiar with this practice area. Keep in mind that an inexperienced attorney can actually permanently harm your license, and cost you needless fees and expenses. Carol Holmes, with decades of experience in this area of the law, can help you maximize your chances of demonstrating compliance with the guidelines for reinstatement.

If your license has been suspended or revoked, and you would like to explore the possibility of reinstatement, we invite you to contact our office by phone at 248-690-7059, toll free at 866-814-9004, by e-mail via carol@carolholmespc.com, or by using our online contact form. We look forward to working with you.