Professional disciplinary proceedings can result in harsh sanctions, including revoking your professional license. In this situation, it may seem like the end of your career. However, different professions have varying rules about when or if you can apply for reinstatement of your license after revocation. For example, the rules for reinstating a nursing license differ from those for reinstating a teaching certificate.
Whether a professional licensing board will grant your petition for reinstatement depends on the circumstances surrounding your revocation and the evidence you provide showing that you have overcome or resolved those circumstances. Nonetheless, obtaining your license following revocation can be challenging in almost all circumstances. In addition, some situations permanently disqualify you from holding a professional license. As a result, you need to contact a Texas professional license reinstatement attorney for immediate assistance if you want to apply for reinstatement of your professional license.
Reinstating Your Nursing License After Revocation
If the Texas Board of Nursing (BON) has revoked your nursing license, you can petition the BON to reinstate your license. However, under Tex. Occ. Code §301.467, you cannot petition for reinstatement until at least one year has passed since the BON issued the order revoking your license. Sometimes, a BON order may stipulate that you must wait a longer period before applying for reinstatement. At that point, you must submit a Petition for Reinstatement of Licensure, along with supporting documentation, which will vary according to your situation.
Examples of supporting documentation that you may have to submit with a reinstatement application include the following:
- Documented proof of at least one year of sobriety, as shown by:
- Discharge papers from any inpatient or outpatient treatment program for substance abuse;
- Letter from your treating physician indicating your ability to practice nursing safely;
- Letter from your past/current therapist/counselor; d) Random negative drug screens (12 months);
- Documentation of regular support group attendance (with signatures from chairpersons or others who can attest to your sobriety); and
- Letter of support from your sponsor.
- Documentation of your completion of any requirements of your criminal conviction, as shown by:
- Copies of the charges/indictment;
- Copies of the judgment/disposition; and
- Written verification from the Court or its officer of your compliance with and/or successful completion of probation/parole.
You also must include letters of reference from current or former employers or other professional references (preferably three or more letters) and documentation verifying that you have attended at least 20 hours of continuing nursing education programs.
Upon receipt of your petition, BON will either provide you with a proposed Reinstatement Agreed Order or schedule an informal conference to discuss your petition, typically within two to three months. At an informal conference, you will meet with a panel of BON staff at that conference and answer questions about your nursing competence and rehabilitation. The panel then will recommend whether you should receive a proposed Reinstatement Agreed Order. You can request a hearing before an administrative law judge if your petition is denied.
Reinstating Your Teaching Certificate After Revocation
19 Tex. Admin. Code §249.44 provides that if the State Board for Educator Certification (SBEC) has revoked an individual’s teaching certificate, they may not reapply for a teaching certificate any earlier than five years from the date that the SBEC revocation order became final. At that time, the individual may submit a new application for a teaching certificate to the Texas Education Agency (TEA) for consideration. The individual will be subject to the same requirements as an initial applicant for a teaching certificate.
In some cases, an SBEC order may specify that an individual must wait longer than five years to reapply for a teaching certificate. SBEC also may issue an order stating that a teaching certificate is permanently revoked without an opportunity to reapply or otherwise as it deems appropriate. A rejection by TEA of an application in this situation is not an administrative denial. Thus the individual has no right to request a hearing on the rejection of the reapplication.
However, if the individual is eligible to reapply for a teaching certificate and the TEA denies the reapplication, the individual does have the right to challenge the denial. More specifically, the individual can request a contested case hearing before an administrative law judge at the State Office of Administrative Hearings (SOAH). Even so, if the individual cannot obtain reinstatement of their teaching certificate, they may only reapply for a teaching certificate after five years have passed from the date of denial.
Get Help Obtaining Your Professional License Following Revocation Today
The revocation of your professional license can significantly affect your career and your ability to support yourself. However, in some circumstances, you may be able to reinstate your license. Contact the professional license reinstatement attorneys at Bertolino LLP, so we can investigate your case. You can call our office at (512) 515-9518 or visit us online to get more information about the services we can offer you.
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