Denial, Suspension, Revocation, or Expiration of Certification Policy
Denial, Suspension, or Revocation of Certification for Cause
In its discretion, the Board of Directors, by a majority of the directors present and voting at a duly called and convened meeting thereof, may deny issuing a certificate or suspend or revoke a Diplomate’s certification for cause. “Cause” is based on the Board’s determination, following investigation and review, that the Candidate for certification or Diplomate:
- does not possess the required qualifications and requirements for certification, whether such deficiency was known to the Board or any Committee thereof before examination or at the time of issuance of the certificate, as the case may be; or
- failed to submit or withheld information in their application or made a material misstatement or any other misrepresentation to the Board or any Committee thereof, whether intentional or unintentional; or
- submitted a guilty plea or a plea of nolo contendere, accepted probation without verdict (PWOV) or accelerated rehabilitative disposition (ARD), and/or was convicted by a court of competent jurisdiction of any felony or misdemeanor involving moral turpitude or having a material relationship to the practice of medicine; or
- had adverse action taken with respect to their license to practice medicine in any state, province, or country, which action may include, without limitation, license revocation or suspension, the imposition of any requirement of probation, surveillance, supervision, or review, or voluntary surrender in lieu of disciplinary action; or was disciplined by any court or other body having proper jurisdiction and authority, including, without limitation, an institution at which they have been employed or have held medical staff privileges, because of any act or omission arising from the practice of medicine; or
- engaged in examination misconduct; the unauthorized acquisition, use, disclosure, publication, reproduction, or transmission of ABTS examination content before, during, or after an examination; or had knowledge of such activity and failed to report it to ABTS, whether or not such activities affected the individual’s performance; or
- had a history of chemical dependency or developed such during the certification process and failed to report same to the Board; or
- has engaged in any conduct that may pose a danger to patients or that violates the ABTS Professionalism and Code of Conduct Policy; or
- refused or otherwise failed to cooperate in an ABTS review of conduct that may form the basis of a denial, suspension, or revocation of certification.
Candidates for certification and Diplomates are under a continuing obligation to provide the Board, or its designees, with any information that may adversely affect the Diplomate’s certification. In making its determination, the Board may use information from any source and, if it deems appropriate, may request assistance from any committee or committees of the Board.
Suspension of Certification for Cause
Upon receipt of information that may form the basis of a revocation decision, the Executive Committee, in its discretion, may suspend a Diplomate’s certification pending the Board’s decision on revocation. Specifically, certification may be suspended if the Board receives information supporting a claim that the Diplomate may pose a risk to patients as supported by a federal or state court opinion or the determination of a public or private authority (e.g., state medical board; hospital medical staff).
Suspension is temporary and should be imposed only under limited circumstances when the risk to patients is objective and clear. At the conclusion of its investigation and review, the Board will either lift the suspension or issue a revocation determination. During the pendency of a suspension, the Diplomate’s certification will be changed to the “Not Certified-Suspended” category. Diplomates in that category must remove evidence of their certification from any and all materials setting forth their credentials.
ABTS will notify the American Board of Medical Specialties of all Diplomates whose certification category has been changed to “Not Certified-Suspended.”
Denial or Revocation of Certification for Cause
Upon denying a Candidate’s request for certification or revoking a Diplomate’s certification for cause, the Board will notify the Candidate or the Diplomate of its determination, including the cause therefor, in accordance with the Appeal Procedures of the American Board of Thoracic Surgery (“Appeal Procedures”).
Upon a revocation determination, the Diplomate’s certification will be changed to the “Not Certified-Revoked” category. Diplomates in that category must remove evidence of their certification from any and all materials setting forth their credentials.
The procedures available to a Candidate for certification wishing to challenge a denial of certification or to a Diplomate wishing to challenge a revocation determination are set forth in the Appeal Procedures.
Final Determination of Denial or Revocation of Certification
A revocation determination will become final upon the expiration of [the period for reconsideration or appeal set forth in the Appeals Procedures] when the Candidate for certification or Diplomate elects not to request reconsideration and/or appeal of a Board determination to deny or revoke their certification for cause; (or (ii) if and when a denial or revocation determination is upheld after the Candidate for certification or Diplomate has exhausted their rights of reconsideration and/or appeal pursuant to the Appeals Procedures.
The ABTS will notify the Candidate for certification or Diplomate of its final determination pursuant to [applicable section of the Appeal Procedures].
Once a revocation determination becomes final, the ABTS will change the former Diplomate’s status in its records from “Certified” to “Not Certified-Revoked.” The ABTS also will notify the American Board of Medical Specialties (ABMS) of the Diplomate’s change of certification category. The ABTS also may advise other third parties that the former Diplomate is no longer certified, including, without limitation, another medical specialty board that has issued the former Diplomate a certificate, the National Practitioner Data Bank, and state licensing boards.
Reinstatement of Certification
In the event a former Diplomate provides proof that the circumstances that led to the revocation of their certification have been corrected, the former Diplomate may request that the Board, in its discretion, allow them to complete the steps necessary for reinstatement of certification subject to the Appeals Procedures.
If the Board grants a request by a former Diplomate to pursue reinstatement of certification, the former Diplomate must complete all the steps necessary to regain certification and shall be subject to all the rules in force at the time of reinstatement, including certification and mandatory participation in Continuing Certification.
If the Board denies a request by a former Diplomate to pursue reinstatement of certification, the former Diplomate will be subject to the Appeals Procedures.