REVIEW OF ADVERSE DECISIONS
The American Board of Dermatology recognizes a candidate's
right of appeal following an adverse action at any stage of the certification
process. Within the residency program, trainees must be accorded due process in
compliance with provisions established by the parent institution and as
stipulated in the Essentials of Accredited Residencies in Graduate Medical
Education, (effective July 1, 1992) of the
Accreditation Council for Graduate Medical Education.
Any candidate for certification (primary specialty or
subspecialty) or maintenance of certification shall be given prompt written
notice of any adverse decision by the Board. Such notice shall briefly state the
reason for the adverse decision. It shall advise whether or not the candidate
has a right to appeal the decision and shall include a copy of this document.
A candidate found to have engaged in cheating or other
irregular behavior in connection with an examination may appeal the Board's
finding, any consequent invalidation of the candidate's examination and any
disbarment from future examinations. Such appeal must be received in the Board
office within 30 days of mailing the notification of the finding by the Board.
A. APPEALABLE DECISIONS
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Request for Appeal
Any physician (a) whose credentials for eligibility to sit
for an ABD examination have not been approved, or (b) who has been denied
certification for a reason other than receipt of a failing grade on the
examination, or (c) whose certification or maintenance of certification has
been revoked, or (d) whose application for reinstatement has been denied,
shall have a right to appeal the adverse decision by submitting a written
request for appeal in compliance with this policy on Review of Adverse
Decisions. Such request must contain a concise statement of why the
physician believes that the adverse decision was improper, must include any
supporting material that the physician wishes to have considered, and must
be received in the Office of the Board within 30 days after the date of the
Board's notice of an adverse decision. The request may also include a
request for a hearing. If a proper request for appeal is not received within
30 days, the adverse decision shall constitute the final decision of the
Board
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Review by Appeals Committee
Each proper and timely request for appeal will be reviewed
by an Appeals Committee consisting of three individuals appointed by the
President. No member of the Appeals Committee shall have participated in the
adverse decision under review unless that decision was made by the full
Board of Directors. The Appeals Committee, after reviewing the request for
appeal, shall either (a) affirm, reverse, or modify the adverse decision or
(b) grant a hearing if one has been requested and the Committee determines
that a hearing might be useful.
If the Appeals Committee determines that a hearing might
be useful, it shall schedule a hearing within 60 days after that
determination. Not less than 30 days prior to the scheduled date of the
hearing, the Appeals Committee shall notify the physician in writing of the
date, time, and place of the hearing. The Appeals Committee, at its sole
discretion, may determine whether legal counsel for the physician may be
present at the hearing and the extent to which such counsel may participate.
The physician's written intent to appear at the hearing
must be received in the Office of the Board not later than 14 days before
the scheduled date of the hearing. A physician who chooses to appear shall
be given the opportunity to make a statement summarizing his/her position.
The Appeals Committee shall not be bound by technical rules of evidence
usually employed in legal proceedings, but may consider any evidence it
deems appropriate. A record of the proceedings shall be kept. A copy of the
hearing record shall be made available to the physician upon payment of the
cost of reproduction. All expenses incurred by the physician in connection
with the hearing shall be borne by the physician.
Following the hearing, the Appeals Committee shall
determine whether to affirm, reverse, or modify the adverse decision. The
physician shall be promptly notified in writing of the action of the Appeals
Committee and the reason for the action. The Committee's action in
affirming, reversing, or modifying the adverse decision shall be subject
only to ratification by the Board of Directors.
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Review by the Board of Directors
The action of the Appeals Committee shall be reviewed no
later than the next regularly scheduled meeting of the Board of Directors.
The Board of Directors shall ratify the action of the Appeals Committee
unless it finds that action to have been arbitrary, unreasonable, or not
sustained by the record. The physician shall be promptly notified of the
Board's decision. The decision of the Board of Directors shall constitute
the final action of the Board on the matter.
B. NON-APPEALABLE DECISIONS
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Decisions by Residency Program or Program Director
Decisions by a physician's Residency Program, Program
Director, or sponsoring institution regarding credit for training or any
other matter shall not be appealable to the Board. Any disagreement by a
physician with such decisions should be communicated to the Residency
Program, Program Director, or sponsoring institution. The Board will not
second-guess judgments of these entities. However, the physician may contact
the Board to determine what further steps, if any, may be available.
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Decisions Based on Failure of a Certifying Examination
Adverse decisions based on a physician's receipt of a
failing grade on an ABD examination shall not be appealable. Instead, the
physician may, within 30 days after the mailing of the examination results,
request rescoring of the examination by hand. Such request must be
accompanied by payment of a fee of $35. Upon receipt of a proper and timely
request for rescoring, the Board shall have the examination rescored by
hand. It shall communicate the rescored results to the physician promptly
after receiving those results.
REAPPLICATION AFTER REVOCATION OF CERTIFICATION OR
RECERTIFICATION
A physician whose certification or recertification has been
revoked may apply for reinstatement as a Diplomate when the physician believes
that the circumstances underlying the Board’s action have been satisfactorily
resolved. The physician shall apply by providing a written statement setting
forth in detail the changes in circumstances.The Board shall consider such
statement and determine whether to reinstate the physician’s certification or
The physician shall be promptly notified of the Board’s decision.