License Applications, Denials and Reinstatement in Massachusetts
A past conviction, an old disciplinary action in another state, or a license that lapsed or was suspended doesn’t have to end a career in Massachusetts. But the path back runs through applications and petitions where the burden is on you, small disclosure mistakes become new violations, and the Board’s policies decide when you can even be considered. Call (978) 273-8337 before you file.
Help getting licensed, and getting back to practice.
I’ve been a registered respiratory therapist since 2005 and a registered nurse since 2010. As a respiratory therapist I spent many years at the bedside providing hands-on respiratory care. As a nurse I’ve worked in critical care and the intensive care unit of an acute care hospital, and I’ve held management roles in that setting. I help applicants present their history honestly and effectively, and help licensees build reinstatement petitions that show the Board what has changed.
— Richard Alan Gaudet, JD, RN, RRT
Nursing applicants: the good moral character requirement
To be licensed as a nurse in Massachusetts, or authorized as an APRN, you must show good moral character (GMC). The Board’s Licensure Policy 00-01 explains how it decides, and the Board also uses it as a guide for nurses who are already licensed. The burden of proving GMC is on the applicant.
The policy sorts histories into four tracks:
Track
Who falls into it
Result
Permanent exclusion
Conduct underlying certain felony convictions, such as crimes listed on the policy’s Attachment A, violent crimes showing extreme disregard of human life, trafficking or illegally manufacturing controlled substances, and exploitation or criminal mistreatment of a vulnerable person
Permanently barred from nursing practice in Massachusetts
Temporary (five-year) exclusion
Within five years before applying: a conviction that isn’t a permanent-exclusion offense, falsifying an application, or cheating on the NCLEX or another licensure exam
Ineligible until at least 5 years after the latest conviction or conduct and at least 1 year after completing all court-ordered requirements
Exception to temporary exclusion
Narrow: see below
Case-by-case review instead of waiting out the five years
Case-by-case evaluation
Everyone else with a history
The Board weighs the factors below
The exception to temporary exclusion is available only if you ask in writing, with documentation, and you meet every requirement:
Only one misdemeanor conviction in the past five years, or several from a single incident
No sentence of incarceration, even suspended, except a legally required minimum for a first OUI or similar offense
All court-ordered requirements, including probation, completed
Out-of-state conduct that would be a misdemeanor in Massachusetts
Conduct that was victimless and nonviolent
No open criminal cases
In a case-by-case evaluation, the Board considers the nature and seriousness of the conduct; your sustained rehabilitation; your age at the time; how often it happened; how recent it was; mitigating and aggravating circumstances; and whether you acknowledge your accountability and understand why it matters to nursing.
Other boards
Other boards’ applications and renewals typically ask about criminal history and prior discipline, and the same principles apply: disclose fully, document rehabilitation, and explain how the history relates, or doesn’t, to safe practice. A false or incomplete answer is often a more serious problem than the history itself; it can be charged as fraudulently obtaining a license (for example 261 CMR 4.03(1)(k); 263 CMR 6.03(1)(l); 247 CMR 10.03(1)(o), (p)).
If your application is denied
Under Licensure Policy 00-01, a nursing applicant found not to meet the GMC requirement will receive notice of the denial, the reasons, and the opportunity for review, and sometimes the requirements to meet before reapplying. You’re entitled to a hearing if you can reasonably substantiate specific factual disputes relevant to the decision; otherwise the Board may decide on written submissions. A final denial can be appealed to court under G.L. c. 30A, § 14.
Two cautions:
Watch the deadline in the notice. Where no statute or agency rule sets a deadline to request a hearing, the Standard Adjudicatory Rules give 30 days from the date the notice is sent (801 CMR 1.01(6)(b)).
A denial creates a record. The Board opens and then closes a complaint for reporting and tracking purposes, and an APRN applicant who already holds an RN license may face a complaint against that license.
Moving to Massachusetts with discipline elsewhere
Discipline by another state, for reasons substantially similar to Massachusetts grounds, is itself a ground for action at each of these Massachusetts health boards (for example 243 CMR 1.03(5)(a)(12); 261 CMR 4.03(1)(p); 234 CMR 9.03(1)(s); 263 CMR 6.03(1)(q); 247 CMR 10.03(1)(t); 251 CMR 1.10(6)(g); 258 CMR 30.03(1)(a)(10)). Expect the Massachusetts board to review the out-of-state order before licensing you, and to act on an existing Massachusetts license if you’re disciplined elsewhere.
For nurses with discipline based on substance use, SARP may be an option: its eligibility rules allow an active restriction from another licensing body if the discipline was substance-based and the Massachusetts Board declined to take reciprocal action. See SARP for nurses.
Reinstatement after a suspension
A fixed-term suspension: at the Board of Medicine, a license suspended for a set period is automatically reinstated when the period ends (243 CMR 1.05(3)(a)).
A suspension with conditions: at the Respiratory Care, Dentistry and PA Boards, an order can set conditions you must meet before the Board will even consider a petition to reinstate or remove restrictions (261 CMR 4.04(2)(c)(1); 234 CMR 9.04(2)(c)(1); 263 CMR 6.04(2)(c)(1)). Read your order closely: the conditions are your roadmap.
Psychologists on supervised probation return to unsupervised practice only after the Board reviews the supervisor’s reports and meets with you and the supervisor (251 CMR 1.09(3)(f)).
Reinstatement after revocation
Revocation is the hardest road back. At the Board of Medicine (243 CMR 1.05(3)(b), (4)):
Rule
Detail
Earliest petition
5 years after revocation, unless the Board orders otherwise
Standard
Discretionary; granted only if reinstatement would advance the public interest
Filing
In the Board’s form, original plus ten copies
If denied
No new petition for at least 2 years, unless the Board orders otherwise
Surrender and resignation
A Pharmacy Board surrender agreement must include provisions addressing reinstatement (247 CMR 10.06(6)(b)), so negotiate them before you sign.
At the Medicine and Psychologists Boards, a resignation during a complaint is final and can’t be reconsidered or appealed (243 CMR 1.05(5); 251 CMR 1.09(4)). There is no reinstatement path to plan for.
If your license lapsed and you kept practicing
Practicing after a license expires is a ground for discipline at every board on the newer template and at Pharmacy (261 CMR 4.03(1)(i); 234 CMR 9.03(1)(l); 263 CMR 6.03(1)(j); 247 CMR 10.03(1)(i)). Stop practicing, renew or reinstate the license, and get advice on how to disclose the gap. These cases can often be resolved by agreement, especially a first, unintentional lapse.
Building a strong application or petition
Disclose everything the question asks, in plain terms, with the court records attached.
Show completion: certified dockets showing that probation, fines and court-ordered programs are finished.
Take accountability. The Nursing Board lists acknowledgment of responsibility as a factor; minimizing or blaming others hurts.
Address the Board’s specific concern, whether competence, impairment, honesty or boundaries, with evidence aimed at it.
Add credible references: supervisors, colleagues and treatment providers who know the history.
Meet every condition in a prior order before you petition, and prove it.
Applying with a history, or trying to get your license back?
Call or text (978) 273-8337, or send a message. I help applicants and licensees across Massachusetts, in person in Middleton or by video.
Frequently asked questions
Can I get a Massachusetts nursing license with a criminal record? Often, yes. Under Licensure Policy 00-01, only conduct underlying certain serious felonies leads to permanent exclusion. Other convictions within five years usually mean a temporary exclusion, with a narrow exception, and older history is reviewed case by case.
How long after a conviction can I apply for a nursing license? Unless you qualify for the exception, generally at least five years after the latest conviction or conduct and at least one year after completing all court-ordered requirements, whichever is later.
What if my license application is denied? You will receive notice of the reasons and an opportunity for review. You are entitled to a hearing if you can substantiate specific factual disputes, and a final denial can be appealed to court under G.L. c. 30A, § 14.
How long after revocation can a physician seek reinstatement? Generally no sooner than five years, unless the Board orders otherwise. Reinstatement is discretionary, and after a denial a physician must generally wait two years to petition again (243 CMR 1.05).
I practiced on an expired license. What should I do? Stop practicing, renew or reinstate the license, and get advice before you disclose the gap. Practicing after expiration is a ground for discipline, but these cases can often be resolved by agreement.
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, and an experienced administrative law practitioner who represents licensed professionals in board investigations, responses and hearings. He has been a respiratory therapist since 2005 and a registered nurse since 2010, including in critical care. He earned his J.D. in 2020 and was admitted to the Massachusetts bar in January 2021 and to the U.S. District Court for the District of Massachusetts in 2021. He is a member of the Massachusetts Bar Association. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
