Policy on Revocation/Suspension of Certificate
Any certificate issued by the American Board of Cosmetic Surgery, Inc. (Board) may be subject to sanction, revocation, or suspension at any time that the Board of Trustees shall determine in their sole judgment that the Diplomate holding the Certificate (“certificate holder” or “holder”) was not properly qualified to receive it or is no longer properly qualified to retain it.
The Trustees of the Board may consider sanction, revocation, or suspension for just and sufficient reason, including but not limited to any of the following: The Diplomate did not possess the necessary qualifications nor meet the requirements to receive the certificate at the time it was issued; falsified any part of the application or other required documentation; made any material misstatement or omission to the Board, whether or not the Diplomate or the Board knew of such deficiencies at the time; (REVOCATION)
The Diplomate misrepresented his or her status with regard to Board certification, including any misstatement of fact about being Board certified in any specialty; (REVOCATION)
The Diplomate engaged in conduct resulting in a revocation, suspension, qualification or other limitation of his or her license to practice medicine or dentistry in any jurisdiction; (SUSPENSION)
The Diplomate engaged in conduct resulting in the expulsion, suspension, disqualification or other limitation from professional membership in a local, regional, national or other organization of professional peers; (SUSPENSION)
The Diplomate engaged in conduct resulting in revocation, suspension, or other limitation of privileges to practice surgery in a health care institution; (SUSPENSION)
The Diplomate failed to abide by the by-laws of the Board in any regard including payment of mandatory sustaining dues. (REVOCATION)
Following the sanction imposed by the Board, the holder of a revoked or suspended certificate will be given written notice of sanction by registered or certified mail, or confirmed overnight delivery to the last address that the holder has provided to the Board. Sanction is final upon the mailing of the notification.
Upon revocation of certification, the holder’s name shall be removed from the Board membership list of certified surgeons and the holder is required to return the issued certificate to the Board.
Upon suspension of certification, the holder’s name will be removed from the Board membership list of certified surgeons; and the certificate holder will not be able to claim board certification by the ABCS.
Upon receipt of written documentation that: the holder’s license to practice medicine is clear and unrestricted; and/or the holder has been reinstated in the local, regional, national or other professional organization of peers that had expelled, suspended, or disqualified the holder; and/or the holder’s revoked, suspended, or limited privileges to practice surgery in the health care institution had been reinstated, the holder may apply for reissuance of board certification.
The Board sanction shall be terminated by affirmative vote of the Board of Trustees after appropriate review of the holder’s licensure and performance, and the holder shall be returned to the membership list of certified surgeons with a status of “good standing.” The interpretation clarification of a “clear and unrestricted” license, reinstatement in a professional peer organization, and the reinstatement of operating privileges in a health care institution is subject to the sole and absolute discretion of the Board of Trustees of the ABCS.
Individuals may appeal the decision to revoke or suspend a certificate by complying with the American Board of Cosmetic Surgery’s Policy Regarding Reconsideration and Appeals. Failure to make a timely appeal within 2 years will result in a loss of appeal rights.
Policy Regarding Reconsideration and Appeals
The American Board of Cosmetic Surgery, Inc., being dedicated to the principles of fairness, consistency and equality in its dealings with its Diplomates, Candidates and potential candidates, hereby establishes the following policy with regard to resolution of questions or dissatisfactions arising therefrom:
1. Questions or complaints regarding the requirements and rules of the Board on individual credentials and admissibility to the examinations shall be referred to the Credentials Committee. With respect to the Certifying Examination there will be considered on reconsideration or appeal only fraud or misconduct by the examiners, not the content of the examination, the sufficiency or accuracy of the answers given, or any other matter.
2. Reconsideration: Except when an appeal has been denied on the basis of a requirement specified in the by-laws of the Corporation, any Diplomate, Candidate or potential candidate who considers an action of the Board adverse to his interest, to be based upon unfairness, inconsistency or inequality may request reconsideration. The request must be made in writing within 90 days of receipt of notice from the Board of the action in question. The request shall be accompanied by such documentation as the requestor may consider appropriate to support the request. The request for reconsideration will be brought before the Credentials Committee at the next regular meeting of that Committee, and the decision of the Committee shall be reported to the Trustees at their next regular meeting. Within 30 days following the meeting of the Trustees, the requestor shall be notified, in writing, of the Credentials Committee action and the reasons therefore.
2.1 The decision of the Credentials Committee shall be considered final, unless the complainant, within 30 days after having been advised thereof, gives written notification to the Board that he wishes to institute a Personal Appeal, requests a hearing and sets forth the reasons for disagreement with the findings of the Credentials Committee.
3. Personal Appeals: The process of Personal Appeal shall consist of two phases, Informal and Formal.
3.1 Informal Hearing: When a request for a Personal Appeal is received, the hearing shall be scheduled at the next regular meeting of the Credentials Committee. The appellant shall be notified in writing, at least 30 days prior to the meeting, of the time and location at which he should appear. The appellant shall be afforded the opportunity to appear in person and present such oral and written evidence in his own behalf as he may desire. The members of the Committee shall have the right to question the appellant concerning anything in his record or presented by him. Upon completion of the hearing the Committee shall, in closed session, reach a finding by majority vote. The finding of the Committee and any recommendations shall be reported to the Trustees.
3.1.1 The Committee shall report to the Trustees nothing more than the issue(s) addressed at the appeal and its findings and recommendations. Neither the identification of the appellant, nor any of the details upon which the findings and recommendations were based shall be reported nor discussed. The Trustees may approve the recommendations of the Committee or may direct that action be deferred pending a Formal Hearing before the Trustees. The appellant shall be notified in writing within 30 days as to the action taken and the reason for it.
3.1.2 In the event the appellant is not satisfied by the action taken as a result of the Informal Personal Hearing, he must, within 30 days after having been advised thereof, give notification, in writing, to the American Board of Cosmetic Surgery, Inc., that he is taking a formal appeal therefrom, requests such a hearing before the Trustees, and sets forth the reasons for his disagreement with the findings of the Informal Hearing. No request for a Formal Hearing having been received within the time periods stipulated in 3.1.1 and 3.1.2 above, the findings shall be final and binding upon both the appellant and the American Board of Cosmetic Surgery, Inc.
3.2 Formal Hearing: When an appeal for a Formal Hearing is received, the procedure shall be as follows: 3.2.1 The Hearing Panel shall consist of at least five Trustees of the American Board of Cosmetic Surgery, Inc. who have not had a personal relationship with the appellant or direct involvement with the education of the appellant, who have not examined or graded the appellant, and who have not participated in the committee decision that is the subject of the appeal.
3.2.2 The appellant shall be notified in writing of the identity of the Trustees who will conduct the hearing and shall have the privilege of challenge for cause only. Such challenges must be made in writing by the appellant within 30 days following receipt by the appellant of the notice of membership on the panel. The Executive Committee of the Board, advised by Legal Counsel, shall rule upon the challenge, and its ruling shall be final. The appellant shall be notified in writing of such actions.
3.2.3 Hearings shall normally be conducted at the time and place of regular meetings of the Trustees of the American Board of Cosmetic Surgery, Inc.
3.2.4 The appellant shall be notified in writing of the time and place of the hearing at least 60 days prior to the date set therefore. At the hearing the appellant shall appear in person, may be accompanied by counsel if he so desires, may present witnesses and other evidence in his own behalf. The Hearing Panel may also call such witnesses and consider such other evidence as it may deem appropriate. The appellant and appellant’s counsel, as well as the hearing panel and the legal counsel of the American Board of Cosmetic Surgery, Inc. shall have the opportunity to examine all documents and physical evidence considered by the panel and to question all witnesses heard by it.
3.2.5 Upon completion of the hearing, the Panel of Trustees, in closed session, shall make a determination by simple majority vote.
3.2.6 The determination made by the Panel of Trustees of the American Board of Cosmetic Surgery, Inc., shall be final and binding upon the Board and the appellant, and shall be transmitted to the appellant in writing within 30 days of the close of the hearing.
