Petitions for Penalty Relief: Modification of Professional License Probation Terms and Conditions
Probation is not only expensive, but it can seriously impact a healthcare professional’s career and job prospects. Circumstances change; If you are currently serving a term of Board imposed license probation and are practicing under certain terms, condition, or restrictions, imposed by your licensing board, it may be time to request your licensing board modify the current terms and conditions of your probation or end the probation term entirely. This is done through filing a pleading called a Petition for Penalty Relief.
Each of California’s professional licensing boards have a slightly different process for petitioning for a modification of the terms and conditions of a licensee’s probation. Most California licensing boards will allow a licensee to petition for a modification of the terms and conditions of their disciplinary order after at least one year has elapsed, assuming the licensee is in full compliance with their probation requirements. Most boards will allow licensees to petition for penalty relief to end the probation after two years’ time has elapsed. Under both scenarios, licensees bear the burden of proof to prove that probation is no longer necessary in order to protect the public; essentially, the probationer must convince an Administrative Law Judge (“ALJ”) to make a recommendation to the Board that the licensee is safe to practice without continuing the Board’s terms and conditions of probation.
In order to get the petition for penalty relief process started, at a minimum, the probationer is expected submit an application and written narrative describing everything the probationer has learned while being on probation and why the probationer no longer requires the terms and conditions imposed by the Board in order practice safely. They must also submit declarations in support of the modification or termination of probation by at least two licensees who are familiar with the probationer’s current practice. It is also paramount to provide as much mitigation and rehabilitation evidence as you can, including additional letters of support, proof of completion of remedial coursework and other continuing education or updated certification.
Typically, after a petition for penalty relief is submitted, a hearing will be scheduled in front of an ALJ who will consider testimony and documentary evidence from the licensee and any witnesses. The ALJ will draft a Proposed Decision for the Board to consider.
Contact Our California Healthcare License Defense Law Firm
If you have any questions about the petition for penalty relief process, fill out our online form or call us at (650) 212-4900 or toll free at 800-LAW-MDJD (800-529-6353) for a FREE consultation. Our healthcare licensing defense attorneys can analyze your particular circumstances and help guide you through the process of building mitigation evidence that will be persuasive to your licensing board.