Restoration after removal from a register: waiting periods and procedures compared

Waiting periods compared

Doctors and nurses in the UK

Section 41 of the Medical Act 1983 lets a Medical Practitioners Tribunal restore an erased doctor ¹. No application may be made within five years of erasure, or within twelve months of an earlier application ¹. A doctor who was provisionally registered before erasure is restored to provisional registration ¹.

Article 33 of the Nursing and Midwifery Order 2001 sets the same five-year and twelve-month limits for nurses and midwives ². The committee must be satisfied that the applicant is a fit and proper person to practise, having regard to the circumstances that led to the order, and may require extra education or training ². After a second failed application, it may suspend the right to apply indefinitely, with a review possible every three years ². Appeals go to the court within 28 days ².

Dentists in the UK

The GDC says its Professional Conduct Committee has worked under two legal frameworks since the Dentists Act 1984 was amended on 31 July 2006 ³. Under the old rules an erased dentist may apply 10 months after erasure, and under the new rules five years after ³. Under the new rules the committee may restore a name subject to conditions ³.

Restoration after leaving for other reasons, such as working abroad, a career break or not completing renewal, uses a restoration application ³. The CPD evidence needed depends on time away. Under 12 months needs a declaration, 12 months to five years needs evidence for the current cycle, and over five years needs five years of verifiable CPD ³. The GDC aims to assess complete applications within 15 working days ³.

Solicitors and California doctors

Under section 47 of the Solicitors Act 1974, a former solicitor who was struck off may apply to the Solicitors Disciplinary Tribunal to be restored to the roll, and a solicitor suspended for an unspecified period may apply for the suspension to end ⁴.

Section 2307 of California's Business and Professions Code sets minimum periods before a petition ⁵. It is five years for reinstatement after revocation or surrender for unprofessional conduct, or three years if the revocation order says so. It is one year for reinstatement after revocation for mental or physical illness ⁵. A petition needs at least two verified recommendations from licensed physicians, and is not considered during a criminal sentence ⁵. The board may not reinstate in some cases involving sexual misconduct with patients ⁵.

Lapsed registration and EU alerts

A lapse for non-renewal is different. The Medical Board of Australia says a doctor removed for not renewing must make a fast-track application and cannot practise until the register is updated ⁶.

Inside the EU, alerts sent through IMI about a restricted professional must be deleted within three days of the revoking decision or the end of the restriction ⁷.