Medical Do I need to wait for my ongoing matter with my state's board to be resolved before i apply for license in another state?

[lord999]

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I was terminated from anesthesia residency in 2017 after an episode of falling asleep in the OR. No patient was harmed in the episode. I underwent an exhaustive round of testing to rule out substance abuse but my program still terminated me, citing competency issues. Prior to this I had completed two prelim years in general surgery.

Shortly after my termination, the state Board moved to discipline me in the form of a retroactive revocation of my limited license, for the episodes of falling asleep. I hired a lawyer who recommended I undergo medical testing. My medical evaluation revealed that I had been suffering from two sleep disorders all along. My diagnosing physician argued with the board that I should not be disciplined because my episodes of falling asleep had been cause by the underlying sleep disorders worsened by chronic sleep deprivation that is common among residents. The Board persisted, an issued a statement of allegations against me, arguing that I deserved to be disciplined for not seeking medical help after my episode of falling asleep which undermined the public's trust in the medical profession. I have challenged the Board's allegation with our hearing set for February 2020.

My argument is that my symptoms of chronic sleep deprivation and burnout, consistent with the general experience of medical trainees, were a plausible explanation for the episode of nodding off to sleep in May 2016 in which no patient was harmed. Therefore, it was reasonable for me not to seek medical attention or suspect an underlying sleep disorder because a valid, alternative explanation existed for the episode in question. Both I and my lawyer are confident that the magistrate will rule in my favor and quash the Board's demand for a right to discipline me.

Since beginning my fight with the Board in 2016 to clear my name, I have completed a MPH from Harvard and have been working in life sciences consulting and health-tech. However, I am committed to return to clinical training. I did not participate in the last two match cycles because I assumed that my ongoing matter with the Board would effectively exclude me from serious consideration for any spot anywhere in the country. However, now with the date of my hearing set, I am optimistic about this coming year.

Here are my questions:

1. Is it possible to obtain a limited or complete medical license in any/other states while my matter with the board is going on? I am thinking about applying to unfilled residency/fellowship positions in the hope that my matter with the Board will have been resolved by the time I need to apply for my license in that state.
2. What are my chances of obtaining a limited/full license in a different state if my Board is successful in winning its appeal to impose a retroactive revocation of my limited license? Will this effectively make me ineligible for any medical license in any state in the future?

I have ECFMG certification and 2 years of GME experience so I am eligible for a full license in many other states. However, I have been deferring my application for a license in other states because of my understanding that I need to resolve my pending case with my state board. The increasing gap in clinical experience is making me a less competitive candidate with each passing month/year. I need to resume clinical work in any capacity as soon as possible.

Thank you very much!

Depends on the state, but for AZ, MN, and CA, no. You can still technically apply, but they will not grant the license until the pending action is resolved. There is general agreement among the states on this.

The NPDB - Querying

A query is a search for information in the NPDB regarding a health care practitioner or organization. The NPDB collects information on medical malpractice payments and certain adverse actions through reports submitted by entities eligible to report. This information is disclosed to entities...

www.npdb.hrsa.gov

Question: Did you receive a National Practitioner Data Bank (NPDB) report? You should have. If so, you'll still have to explain the circumstances when you apply. You can expect that any state is going to probably have to meet with you directly on the matter.

 

[gutonc]

Thank you for your response. I have not received a National Practitioner Data Bank (NPDB) report. In fact, prior to your mentioning, I did not even know of NPDB's existence. What is this and how does this apply to me?

It is exactly what it sounds like. A database of everyone with an NPI and any reported actions against them. This is mostly malpractice judgements but can be other things as well, including license suspension/revocation.

Also, once the pending matter is resolved in my favor, will I need to report this matter's occurrence in future license applications in other states? Does the mere history of this matter (even after it was resolved in my favor) represent a barrier in my ability to obtain a limited/full license in other states?

1. You don't know that it will be resolved in your favor. For your sake (assuming it's appropriate to do so), I hope that it is. But don't count your chickens and all that.
2. Yes. You will absolutely need to report it. Because it will be reported for you/about you. And if you don't also report it, you're toast.
3. The fact that you were terminated from a prior residency is a huge issue, possibly even bigger than the license revocation which you're so obsessed with. The likelihood of you getting a new medical license somewhere is very low. The chance of getting a new residency spot (in any specialty) is much, much lower.

 

[lord999]

Thank you for your response. I have not received a National Practitioner Data Bank (NPDB) report. In fact, prior to your mentioning, I did not even know of NPDB's existence. What is this and how does this apply to me?

Also, once the pending matter is resolved in my favor, will I need to report this matter's occurrence in future license applications in other states? Does the mere history of this matter (even after it was resolved in my favor) represent a barrier in my ability to obtain a limited/full license in other states?

As above, however, this is not a background investigation lookup either, this is something any prospective Board or institution who intends to employ you will have to look up for due diligence as someone on the CMS Exclusionary List for any reason cannot be hired and then work on certain patients. Privilege revocation and other removals are a secondary concern, but are looked up at the time of that check.

Furthermore, you ought to confirm that by looking yourself up (as you are allowed to) as a residency termination almost automatically requires one. I agree with @gutonc with one qualification that s/he would agree with, this isn't a question in the first place, if you even think about not bringing this up, I question your regulatory affairs training in your postgraduate. You should probably invest in a professional services lawyer who knows the regulations on this as your application will probably not go smoothly.

Also, the above and the following is not legal advice, but it's going to be hard to explain this away that you still could practice safely even with an unaddressed medical issue in an elevator talk. Even if you do prevail, it is unlikely that a Board is willing to issue a license without non-disciplinary practice restriction on medical grounds which would be an impediment to entering residency again.