Revocation or Suspension of Certification and Diplomate Status

Article XI, Section 4 of the Board’s Bylaws provides that the Board, at its discretion, reserves the right to revoke the Certification and Diplomate status of any physician Certified by the Board.

These Procedures are adopted to establish an equitable, nondiscriminatory, and consistent process for considering issues involving the conduct of Diplomates who have been Certified and which might warrant revocation or suspension of Certification and Diplomate status or such other action as may be deemed appropriate in the sole and absolute discretion of the Board.

Proceedings

There are certain circumstances in which the Board will initiate proceedings against an individual holding Board Certification and Diplomate Status. Notwithstanding anything to the contrary contained herein, the Board reserves the right to initiate proceedings against a Diplomate for any reason, regardless of whether that reason is specifically articulated in this Policies and Procedures Manual.

The Board may initiate proceedings against a Diplomate pursuant to this subsection 5.1 if: (i) the Board is advised by the Federation of State Medical Boards (FSMB) or otherwise becomes aware through any source that one or more licenses of the Diplomate have been revoked, suspended, conditioned, limited, Restricted or otherwise subject to conditions, (ii) the Board discovers, either as a result of a complaint, report, or internal investigation, that the Certification issued to a Candidate for Certification may have been the result of a misrepresentation or misunderstanding, concerning the Candidate’s eligibility, qualifications, identity, or other relevant Certification requirement, whether or not such misrepresentation or misunderstanding could reasonably have been discovered by the Board before the Certification was granted; or (iii) any other reason as determined by the Board in its sole and absolute discretion.

Initial Review

The ABPM staff, in consultation with the Chief Executive Officer, shall initially review all proceedings to determine whether the allegations are sufficient to warrant a further investigation by the Board the result of which may be disciplinary action taken by the Board against the Diplomate.

In the case of information received from FSMB, the Chief Executive Officer shall take such action as is required:

1. To confirm that the Diplomate who is identified as the subject of action by a State Medical Board is, in fact, a Diplomate Certified by the Board and holding Diplomate status; and
2. To determine, precisely, the nature, duration and extent of the disciplinary action taken together with such background information as might be relevant to the determination of appropriate sanctions against the Diplomate.

In the case of a proceeding initiated by the Board or other source alleging that a Diplomate was granted Certification and Diplomate status because of a misrepresentation or misunderstanding, the Chief Executive Officer shall undertake such investigation as the Chief Executive Officer deems to be necessary and appropriate to establish, in the first instance, whether the allegations are sufficient to establish that the Diplomate’s Certification was granted in error.

In all other proceedings pursuant to this section 5, the Chief Executive Officer shall undertake such investigation as the Chief Executive Officer deems to be necessary and appropriate given the circumstances of the immediate allegations.

Notice to Diplomate

If it is determined by the Chief Executive Officer, after consultation with the Secretary, that the Diplomate who is identified as the subject of action by a State Medical Board is a Diplomate of the Board, the Chief Executive Officer shall:

1. Notify the Diplomate in writing by Certified Mail or Overnight Mail that the Board has initiated proceedings to revoke the Diplomate’s Certification and Diplomate status;
2. Enclose with such notice a copy of the order or other relevant documentation of the State Medical Board which identifies the action taken to revoke, Restrict, condition or otherwise limit the Diplomate’s license(s);
3. Invite the Diplomate to provide the Board in writing with any further information concerning the status of proceedings before the State Medical Board or any information in explanation or clarification of the action taken by the State Medical Board which the Diplomate desires to provide;
4. Provide the Diplomate with a copy of the procedures for processing complaints involving potential revocation or suspension of Certification and Diplomate status and which procedures are attached hereto as Appendix P.

If the Chief Executive Officer determines that it is possible a Diplomate was granted Certification and Diplomate status because of a misrepresentation or misunderstanding as to the Diplomate’s eligibility, qualifications, identity, or other relevant Certification requirement, the Chief Executive Officer shall report such determination to the Board. If the Board concurs in the Chief Executive Officer’s finding, the Chief Executive Officer shall:

1. Notify the Diplomate in writing by Certified Mail or Overnight Mail of the finding and the factual basis therefore;
2. Invite the Diplomate to provide such written response as the Diplomate may care to make to deny, refute, clarify, or otherwise dispute the finding;
3. Provide the Diplomate with a copy of the procedures for processing complaints involving potential revocation or suspension of Certification and Diplomate status (see Appendix P).

Response by Diplomate

The Diplomate shall have thirty (30) days to respond after either (i) the date the return receipt on the Certified Mail indicates that the letter of notification was received by the Diplomate or, (ii) the date the Overnight Mail indicates that the letter of notification was delivered to the Diplomate. The response should include copies of all relevant documentation and the names and addresses of any witnesses or other persons who might have information relevant to the allegations, facts, conduct, misunderstandings, or misrepresentations which are the subject of the proceeding.

The Diplomate’s response should be addressed to the Chief Executive Officer of the Board at its office in Chicago, Illinois, and must be sent by Certified Mail or Overnight Mail. If the Diplomate requires any further information from the Board to enable the preparation of the response or, because of extenuating circumstances or hardship, requires an extension of time within which to respond, the Diplomate shall address such requests and the justification therefore to the Chief Executive Officer at the Chicago office who shall provide such information and time extension as the Chief Executive Officer deems necessary and appropriate in the Chief Executive Officer’s sole and absolute discretion.

Default Decision

If the Diplomate fails to respond to the Board’s letter of notification within the time provided for in subsection 5.4 above, including any extensions thereof authorized by the Chief Executive Officer in writing, and assuming that the subject of the proceeding has not otherwise been resolved, the Board shall conclude that all of the factual allegations of the complaint concerning the Diplomate’s conduct or status are true and shall impose such sanction as the Board, in its sole and absolute discretion deems warranted. The sanction shall be determined by the Board at the meeting immediately following the expiration of the time for the Diplomate to respond to the Board’s letter of notification.

Board Decision

If the Diplomate responds in a timely manner to the Board’s letter of notification and provides information which could refute, correct, clarify, or explain the facts alleged in the complaint together with appropriate documentation, the Chief Executive Officer shall submit such information and documentation to the Board. The Board shall review the record so created and request the Chief Executive Officer to obtain any additional information from the Diplomate, the State Medical Board, or any other person or organization which could assist the Board in considering the merits of the complaint or the appropriate sanction against the Diplomate.

Upon receipt of all information which the Board requests and is reasonably obtainable, the Board will render a decision and determine an appropriate sanction, if any against the Diplomate.

The decision of the Board shall be final and binding on the Board and the Diplomate. The Diplomate shall be notified of the decision within thirty (30) days after it is rendered by the Board.

In the event of revocation of Certification, the Diplomate shall immediately return the Certificate and all copies thereof to the Board Offices in Chicago and shall remove all references to ABPM Certification from directories, business cards, advertising, and other displays in which the Diplomate is identified as Certified by, or a Diplomate of, the ABPM.

Requests for Reinstatement of Certification after Revocation/Suspension/Sanction

No request for reinstatement of Certification or Diplomate status or other relief from a revocation, suspension, sanction or other disciplinary action taken or otherwise imposed on a Diplomate pursuant to this Policies and Procedures Manual shall be accepted by the Board for a period of two (2) years after the decision is rendered by the Board, unless the terms and conditions of the sanction imposed by the Board allows for a shorter period within which the former Diplomate may seek reinstatement.

Requests for reinstatement of Certification or Diplomate status shall be reviewed by the full Board and the Board shall have the sole power and authority to determine whether the information and documentation is sufficient to grant the requested reinstatement. Such review will require payment by the former Diplomate seeking reinstatement of the then-current initial Certification application fee. The request for reinstatement should be addressed to the Chief Executive Officer of the Board at its office in Chicago, Illinois and must be sent by Certified Mail or Overnight Mail. The written request should provide all relevant information, supporting documentation, and must be accompanied by the then-current reinstatement fee.

Reinstatement will be on a case-by-case basis but, in each instance, the following general criteria will be included as part of the process.

1. The reason for the revocation, suspension or other sanction of the former Diplomate’s Certificate has been removed, resolved or otherwise satisfied.
2. The former Diplomate must hold an active, valid and unrestricted medical license in all states, US territories, or Canadian provinces in which the former Diplomate is licensed to practice medicine at the time of reinstatement.
3. The former Diplomate has completed 100 CME credits within the previous five years, 30 credits of which must be specific to the former Diplomate’s ABPM Certification(s).
4. The former Diplomate must have completed a quality improvement activity offered through any of the Preventive Medicine Specialty Societies within the previous five years.
5. The former Diplomate must have completed one Patient Safety Course within the previous five years.
6. The Diplomate has paid ABPM the then-current reinstatement fee.

Any former Diplomate who has not achieved the above requirements shall have 24 months from the time of submitting a request for Reinstatement within which to complete these requirements. Thereafter, and if the former Diplomate has not achieved these requirements within this 24-month window, that former Diplomate’s request for reinstatement of Certification shall be denied by the ABPM and such denial shall be made part of the former Diplomate’s electronic file.

Determinations made by the Board pursuant to this subsection 5.7 shall be binding on the Board and the former Diplomate and not subject to further review.

A reinstated Certificate will be dated from the effective date of the Board’s reinstatement and, subject to the Diplomate’s continued compliance with all licensure requirements, the ABPM’s Policies and Procedures Manual, and all other ABPM Certification requirements and policies as they may exist from time to time, will remain valid through December 31 on the tenth year from the date the Diplomate’s Certificate was most recently issued/renewed prior to it being revoked, suspended or sanctioned by the Board.

All reinstated Certificates shall be subject to the Bylaws, all licensure requirements, the ABPM’s Policies and Procedures Manual, and all other ABPM Certification requirements and policies as they may exist from time to time.

Reinstatement of Certification after Revocation/Suspension/Sanction of a Non-Time-Limited Certificate

Requests for reinstatement of a Non-Time-Limited Certificate shall be governed by subsection 5.7 of this Policies and Procedures Manual.

In the event a Diplomate holding a Non-Time-Limited Certificate has such Certificate revoked or suspended pursuant to this Policies and Procedures Manual, such Certificate, if reinstated by the Board, shall become a Time-Limited Certificate. The Diplomate’s Time-Limited Certificate will have an effective date beginning on the first day of the month after the date of reinstatement and, subject to the Diplomate’s continued compliance with all licensure requirements, the ABPM’s Policies and Procedures Manual, and all other ABPM Certification requirements and policies as they may exist from time to time (including but not limited to CCP requirements), will remain valid through a date certain as determined by the Board in its sole and absolute discretion.