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How To Use This Section Of Our Website

In this section of our website, we have answered hundreds and hundreds of questions our clients have asked us over the years. Instead of looking all over the Internet for an answer to a question you have about health care law or license defense in New York, spend 10 seconds and see if we have answered it here. Here’s how to find your answer….

One, just to the right, you will see a SEARCH BOX. Just type your question in the box and press your enter key. Every answer on this site that is related to your question will fill your screen.

Or two, just below and to the right, are the Categories we’ve answered questions on. Just go the specific topic you have a question on and click the topic. Every question related to that topic will appear on your screen.

And remember, if you need assistance with health care law or license defense, call us at 212-577-6677.

The Controlled Substance act allows DEA to deny, suspend, or revoke a DEA registration in certain situations. Most common scenarios involving a summary action by DEA include providing false information on an the registration application, being convicted of a drug felony, or having a professional license suspended, revoked, or denied.

Other matters that will trigger a DEA registration suspension or revocation may be being debarred from participation in federal programs such as Medicaid and Medicare, or simply doing something that the agency will consider “inconsistent with the public interest”, which is really a catch all provision. The law enumerates the following in deciding what is considered the public interest:

1. The recommendation of the state licensing board or professional disciplinary authority.

2. The practitioner’s experience in dispensing controlled substances,

3. The practitioner’s criminal record that relates to the manufacture, distribution, or dispensing of controlled substances

If you are under investigation by the DEA Office of Diversion Control in New York or New Jersey, call our defense attorneys at (212) 577-6677 first to discuss your options.

Yes, you should expect that the Office of Professional Discipline (OPD) to investigate a Pharmacist in this situation and will want to learn more about the circumstances of your termination and whether or not you were involved in the theft of pills at the hospital where you worked.

It can be difficult to prove a negative, but if you’re in the habit of maintaining good records and can document proper handling of prescription drugs, you stand a good chance of avoiding sanction.

Since the hospital appears to believe that you had a role in the theft, even if it means just looking the other way while another employee stole drugs, you should be prepared for an investigation and to present evidence to investigators that you have conducted yourself professionally.

The rules of evidence in an administrative hearing are much lower than in criminal proceedings, so it’s important that your case is substantive and has ample supporting evidence.

Because of the risk of professional sanction you should work with experienced health care license defense attorneys who understand the OPD investigation process and can help you build a case that shows that you are a competent, ethical professional who conducted yourself properly.

This may even mean rebutting claims from your former employer or coworkers.

However your case is ultimately structured, the health care attorneys at Joseph Potashnik & Associates can help.

Call us at (212) 577-6677 to speak to an experienced professional license defense attorney today.

If you are convicted of DUI in New York, then the Office of Professional Medical Conduct will hear of it, and an investigation will commence.

One area of particular interest for investigators will be to ascertain whether the DUI represents a substance abuse problem on your part.

If there is any indication that you’ve been practicing drunk, or showing up to work hung over, then your license certainly may be in jeopardy.

If you’ve been arrested for DUI in New York, the important thing to remember is that an arrest is not a conviction, and it is possible to defend yourself against the charges against you.

You should work closely with experienced attorneys who understand both the criminal charges and the ramifications to your professional license.

At Joseph Potashnik & Associates, we are experienced criminal defense attorneys and experienced professional license defense attorneys for healthcare practitioners.

We offer a holistic approach to our clients facing criminal charges and the risk of professional sanction that follows.

Our team is with you every step of the way, protecting you from the worst of penalties in court and in an OPMC investigation.

Call us today at (212) 577-6677 and talk to an attorney who understands your full situation – and can help.

Investigations by the Office of Professional Discipline are not criminal matters, so while you are not required to sit for interviews with investigators, in most cases you’ll be better served by developing a strong case that supports your conduct and professionalism.

Failure to engage an investigation is likely to have negative consequences on your career and may result in punitive sanctions far beyond what would happen if you were represented by counsel and your defense was guided by experienced legal help.

Because your right to practice in a health care field is not protected by the constitution, you don’t have an inherent Fifth Amendment right against self-incrimination in an investigation, but experienced health care and professional license defense attorneys in New York can mean the difference between an investigation that ends with little fanfare and a permanent record of professional discipline that you’ll have to report every time you pursue a new job, renew your license, or negotiate to join a managed care network.

If you’ve been contacted by OPD, get help right away.

Even anonymous complaints must be investigated, but you can minimize your risk of penalty by calling (212) 577-6677 for a fast, confidential consultation with experienced NYC health care defense attorneys.

Providers who are convicted of fraud or other financial misconduct may have to wait as long as five years to reapply to the Medicare and Medicaid systems, a period of time that can end a career and shutter a business.

It is possible to avoid exclusion, either by fighting allegations of misconduct, or by appealing an exclusion promptly.

Even in instances where fraud has been committed, it is sometimes possible to win administrative discipline, rather than criminal prosecution, and retain your ability to work within Medicaid and Medicare.

The most significant choice you face when confronted with allegations of fraud or notification of exclusion is whether to fight the charges alone or with an attorney.

Experienced healthcare attorneys can ensure that you understand all of your options, and can build a case that protects your ability to continue to work in your field.

Call the New York health care law team at Joseph Potashnik & Associates today at (212) 577-6677 to schedule a consultation with an experienced attorney who can evaluate the totality of your case and show you strategies that will keep you in medicine.

Yes, if you were charged in a criminal case, it will have been reported to NYSED and the Office of Professional Medical Conduct will be watching.

If the charges relate in any way to your practice of medicine, then an acquittal may not stop investigators from considering allegations of misconduct against you. This may be true even if the charges are unrelated to your profession.

OPMC investigations are not criminal matters, and the agency has the power to discipline licensed professionals even in the absence of a criminal conviction.

Certainly, a win in criminal court puts you in a much better position to withstand allegations from OPMC investigators than a conviction or guilty plea would.

If the facts of the case are simply that you were wrongly arrested and the charges against you were baseless, that may end any interest from OPMC.

On the other hand, the complexity of our legal system often means that cases are dismissed or defendants are found not guilty while questions linger, and in these circumstances, you should prepare yourself for further scrutiny.

If you’ve received notice that OPMC has questions related to a criminal charge against you, treat it with the same seriousness with which you treated those charges.

Your ability to practice at all may be in jeopardy, and it’s vital that you get the same level of legal support you would take on for a criminal matter or a malpractice suit.

Our attorneys protect physicians who are facing investigation by the OPMC, and ensure that they are prepared and fully defended in all interactions with investigators.

Call us today at (212) 577-6677 and talk to an experienced professional license defense attorney in New York City.

The Office of Professional Discipline is charged with protecting the public by treating all complaints as good-faith reports, so even a single complaint may result in an investigation.

While this is well intended, the fact that complaints can be filed anonymously means that pharmacists must be prepared to protect themselves when OPD investigators contact them.

Complaints can come from anyone, and when the target is a pharmacist, they often involve allegations that the medication administered was incorrect, the dosage was wrong, or pills were missing.

When a patient has experienced harm from a prescription medication, even one that was properly filled, they may allege that you failed to inform them of possible side effects, or that you failed to investigate potential interactions with other medications they receive from you.

Many complaints are simply without merit, and you will work with your attorney to compile written documentation that demonstrates that you behaved ethically and properly and fulfilled your role in a professional manner.

Other complaints are less clear cut, and in that instance, an experienced OPD attorney can mean the difference between professional sanction and a closed case that finds that you acted appropriately.

When the OPD contacts you about a complaint, protect yourself. Contact experienced OPD attorneys who can take over communication with investigators and ensure that your rights are fully protected.

Call (212) 577-6677 today to talk to an experienced professional pharmacy license defense attorney in New York City.

It is always a good idea to hire independent counsel when facing a disciplinary investigation by OPD or OPMC, especially when the complaint names multiple parties.

While the practice or hospital may have counsel available to you, keep in mind that the priorities of an in-house attorney working for an institution or business may not be the same as your priorities.

For objective guidance in the investigation and hearing process, you are protected best by your own nursing license attorney.

In cases like yours, it may be alleged that you were practicing outside of your specialty, or performing treatments beyond the scope of your license.

In these instances, our team of experienced health care license defense attorneys are equipped to analyze the charting and other evidence related to the incident and help you build a clear and persuasive defense of your actions.

We put you – not your employer or others named in a complaint – first, and prioritize protecting your ability to continue your career.

Sometimes professionals make mistakes, or a situation with a patient will change suddenly, requiring emergency measures.

We make sure that whatever the facts, you have the ability to tell your story in clear, defensible language that demonstrates your professionalism and competence.

Complaints can come from anywhere, and can turn into nightmares for capable professionals who deserve better.

You should protect yourself and your career to the greatest extent possible any time disciplinary action is possible.

Call Joseph Potashnik & Associates at (212) 577-6677 and talk to an experienced professional license defense attorney today.

Not necessarily. While a criminal conviction, even at the misdemeanor level, is considered professional misconduct by OPD, the specifics of your case will dictate the level of sanction.

Factors that will be considered include any previous history of criminal convictions or professional misconduct, the type of crime you were convicted of, its impact on victims, and whether it connects to your practice as a dentist.

While OPD has the right to revoke your license, dentists who are represented by experienced license defense attorneys stand a good chance of resolving the matter with a lower level of disciplinary action.

Before you plead guilty or go to court on your misdemeanor charge, you should contact criminal defense attorneys with experience in healthcare license defense.

The attorneys at Joseph Potashnik & Associates don’t only protect clients during an OPD investigation.

We see clients through their legal matter, and address their professional discipline matter at the same time.

Because of the stakes that dentists face, our first priority is minimizing the criminal charges against you, or beating them outright.

While winning in court won’t necessarily stop an OPD investigation, it puts you on much stronger ground to defend yourself from the most significant penalties OPD can levy.

We ensure that you are fully protected both in court and in OPD interviews and hearings.

Call us today at (212) 577-6677 and talk to an attorney who knows how to protect professionals facing criminal and professional discipline.

Some policies do, so you should check with your provider. Even if your policy doesn’t cover these costs, you should strongly consider investing in experienced legal guidance to get you through an OPD investigation.

Your license and your livelihood are at stake any time a complaint is lodged against you, and given the expense of time and money in becoming a dentist in New York, it only makes sense to protect yourself.

Think of an OPD investigation the same way you would a malpractice suit.

You wouldn’t walk into a deposition or a court room without a knowledgeable attorney at your side, and you shouldn’t begin discussions with OPD without the same level of competent advice in an investigation.

Keep in mind that you are not required to talk to investigators if they happen to show up and want to discuss the events in question.

You are strongly advised to politely ask to reschedule, and then contact an experienced OPD attorney who can properly evaluate your situation and provide capable legal guidance to protect your license and your practice.

The attorneys at Joseph Potashnik & Associates specialize in the defense of healthcare professionals facing investigation by OPD and OPMC.

We make sure our clients avoid common pitfalls in the investigation process, and are properly prepared for any face to face interviews or hearings with investigators.

Don’t take chances on your future. Call us today at (212) 577-6677 and talk to an experienced OPD defense attorney today.