Page 19 - Rules of Admission and Practice

Basic HTML Version

(A) Order the practitioner concerned to show cause why he or she should not be suspended
for a specific or indefinite period; or
(B) refer the matter to the Committee for action under Rule 2 and, after receiving the
Committee's recommendation, either take no further action and close the case or order
the practitioner concerned to show cause why he or she should not be suspended for a
specific or indefinite period and
(C) after consideration of any show-cause response, if the Panel determines, by a
preponderance of the evidence, that the person is incapacitated and should not be
permitted to continue to practice, enter an order suspending the practitioner for a
specific or an indefinite period.
(2) All suspensions under this subsection are nondisciplinary.
(3) Copies of any order suspending a practitioner from practice will be mailed or sent, as
appropriate, to the list to which an order issued under subsection (a) above is required to be
mailed or sent.
(d) Application for Reinstatement.
(1) A former practitioner indefinitely suspended under subsection (c) above may apply for
reinstatement only by filing an application with the Clerk, but not until the expiration of at
least six months after the date of the suspension or last rejection of reinstatement or at such
shorter intervals as the Court may direct in the suspension order.
(2) The applicant must show by clear and convincing evidence that the disability has been
removed and that the applicant is fit to resume practice before the Court.
(A) The filing of the application waives any doctor-patient privilege with respect to
pertinent treatment and examination received during the period of disabilityunderlying
the suspension. The applicant may be required to disclose the name of every medical
practitioner and facility from whom or in which he or she received that treatment or
examination, and to furnish the Court with written consent for those persons or
facilities to divulge information or records concerning that examination or treatment.
(B) The Panel may take or direct appropriate actions to determine whether the disability has
been remedied, including review of appropriate documents or requiring an
examination, at the applicant's expense, by qualified medical experts designated by the
(3) If it appears that the applicant is no longer incapacitated, the Panel may:
(A) Reinstate the applicant; or