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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.

If you’ve been fired by a hospital in New York, your termination will be reported to licensing authorities.

This is often enough to trigger an investigation against you by OPD, which can result in further sanction beyond your prior termination.

It is fair to say that nurses who find themselves in this situation are in significant jeopardy of a career-destroying event.

At this stage, you should strongly consider retaining counsel to look into your termination from the hospital.

If OPD does contact you with additional questions, you’ll have an attorney at your side who is familiar with the particulars of your case, and may even have crafted a legal rebuttal against the actions of your former employer.

The steps you take now can make the difference between a long career in nursing and the end of one.

While OPD may not automatically investigate you after losing a job, there are many risks when your professional life is shaken up for conduct.

Call our NYC healthcare license defense attorneys today at (212) 577-6677 and get your nursing career back on track.

If something has happened on the job and you’re not sure whether it has attracted the attention of the Office of Professional Discipline, your best strategy is usually to just wait and see.

If OPD has questions for you, they won’t hesitate to let you know via a certified letter.

If you receive a letter from OPD, your first call should be experienced legal counsel who will represent your interests alone. A hospital or practice may offer you the use of their in-house legal counsel, but understand that those individuals represent their employer, not you.

You have the right to independent counsel, and are entitled to be fully informed and represented at all stages of an OPD matter.

If OPD is investigating you, it means that you have legitimate concerns about your career, your future, and your ability to obtain work after a professional sanction.

Don’t take risks that can leave you without options. Call our OPD/OPMC professional license defense team today at (212) 577-6677 and protect yourself.

A Physician Assistant who is facing investigation by the Office of Professional Medical Conduct faces the same risk of sanction that doctors do, and should take appropriate steps to protect themselves.

First, retain counsel with experience in OPMC matters. Attorneys who routinely work with medical professionals and understand the OPMC process and methodology are vital.

If an investigation blows up and results in a finding of misconduct, it can negatively impact your career forever – or end it right there.

You’ll face all the potential outcomes a physician will face, from administrative warnings that are searchable by the public, to a permanent revocation of your license to practice.

Our team takes over communications with OPMC and makes sure you’re fully informed and fully prepared for situations like interviews or hearings.

We’ll be there to make sure you’re properly represented and your rights are protected.

In the vast majority of cases, we can end an OPMC investigation before it gets to a dangerous place for you professionally.

In the most serious cases, our goal is to minimize your exposure to sanction.

Physician Assistants deserve the same level of care that every health care professional enjoys.

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

Yes, a nurse who is suspected of substance abuse or chemical addiction can sometimes keep their license, but much depends on how you choose to approach the situation.

Taking steps like entering drug rehabilitation or substance abuse counseling demonstrates a willingness to take responsibility for your conduct.

Working to remedy the cause of the problem won’t only help you keep your career, but could save your life.

Any medical professional dealing with substance abuse problems should prioritize his or her health and wellbeing over the immediate concerns about their license.

Once the core problem is being addressed and you’re taking responsible steps to ensure that you can practice safely, our team can help you deal with Office of Professional Discipline contacts, as well as any investigation your employer may be considering.

It’s not easy to come back after a substance abuse issue impacts your career, but with experienced representation, you stand the best chance.

We can help you put it all back together again. Call (212) 577-6677 and talk to an experienced health care license defense attorney today.

All medical professionals know that OPMC has the power to revoke a professional license when it finds significant wrongdoing, but many aren’t aware of the range of possible sanctions that OPMC can take against practitioners in New York.

Licenses can be suspended as well as revoked, and the time frame may be definite or contingent on certain things.

Education or additional training may also be mandated, and probationary periods can be imposed to ensure that professionals only engage in ways that OPMC considers safe and appropriate.

OPMC also has the ability to mandate community service in cases of misconduct, up to 500 hours.

This can significantly impact your time with patients and your earnings. You are also subject to fines of up to $10,000 per violation, and will at least have a public censure or reprimand that is available to anyone with an internet connection.

With proper representation, investigations may never lead to the hearing level, and formal charges are rare.

If OPMC is taking a close look at you, call our NYC health care attorneys today at (212) 577-6677 and let us protect you.

No, charging a co-pay when a patient missed an appointment exposes you to charges of insurance fraud, because co-pays are defined as a reimbursement for services that were provided.

When a patient no-shows, you’ve provided no services, and billing for co-pays is definitely a bad idea.

In order to both encourage patients to show up for scheduled appointments and to be reimbursed for your practice’s preparation for an appointment when a patient doesn’t show, you should formulate a no-show policy and prominently post it in your office.

When patients are fully informed of a fee for skipping appointments without appropriate notice, it is appropriate to make reasonable, good faith collections efforts to recover those funds.

But a practice that substitutes a co-pay for a no-show fee is in serious danger, and will ultimately find itself being audited by its insurance partners.

When you receive an audit notice, call our New York City health care defense attorneys right away at (212) 577-6677.

A consensual sexual relationship with a colleague probably isn’t professional misconduct according to OPMC, but it may very well violate sexual harassment or fraternization policies in your workplace, which can carry significant penalty, including termination.

If you are dismissed from a hospital or other health care facility, it will be reported to the Department of Health, who will then report the dismissal to OPMC – where you may find yourself the subject of an investigation.

It’s convoluted, but can become a serious issue if there are any complaints – even anonymous ones – of sexual harassment or misconduct against you in OPMC’s files.

Workplace romances happen, but it’s vital that you and your partner know your workplace’s policies and take whatever steps are required to protect your employer from liability for sexual harassment or other problems.

For help understanding and protecting your rights, call (212) 577-6677 for a consultation with an experienced New York health care defense attorney.


Can Records Of Past OPMC Sanctions Be Expunged?

Theoretically, yes, a very old OPMC sanction can be “expunged” in the sense that there is no rule that it remain on OPMC’s website forever.

Current regulations suggest a 10-year window in which sanctions would remain visible, but OPMC seems to have no resources allocated to removing very old sanctions from public view.

If you received a sanction more than a decade ago and have contacted OPMC about removing it from public listings without success, contact our OPMC and License Defense team. We can take over communications with OPMC for you, and continue to press the matter on your behalf.

You don’t have to be haunted by a sanction from early in your career.

Call our experienced NYC Health Care Attorneys at (212) 577-6677 and learn how you can protect your reputation.

Physicians are often in the unenviable position of dealing with people who are frightened and vulnerable, and having to perform what can amount to very invasive tests and procedures.

While hospitals and practices typically have protocols in place to protect physicians from these sorts of allegations, there are still times when a patient may believe that a physician acted inappropriately in the normal course of an exam, test, or other therapeutic activity.

When this happens, it’s common for the physician’s first instinct to be a feeling that they are being accused in an effort to lay grounds for a malpractice damage award for the patient, but in our practice, we find that a more conciliatory response usually produces a satisfactory conclusion without alienating a patient and elevating the temperatures on a potential legal action.

Our team of experienced health care attorneys can respond to complaints and allegations in a clear, formal, and unemotional way, giving investigators or superiors ample evidence to conclude that the allegations are false, without attacking the complaining patient or minimizing their experience.

By keeping all responses within the realm of the procedure in question and answering each point thoroughly and fairly, we can head off greater problems before they begin.

When you are facing allegations of inappropriate conduct, our team can help protect you.

Call us today at (212) 577-6677 and schedule a consultation right away.

Because OPMC allows anyone in the public to make complaints against physicians in New York, the risk of a vindictive or unstable patient or former patient using the platform to exact retribution for a perceived wrong is substantial.

OPMC is required by law to investigate all allegations made against practitioners, with the result being thousands of baseless claims wasting the time of investigators, but potentially damaging the careers of capable professionals who’ve done nothing wrong.

Once OPMC contacts you about a complaint, you should call for experienced legal help right away.

In a situation like yours, our firm might explore a two-pronged approach, taking over communication with OPMC and advising you of your rights and appropriate strategies.

At the same time, we would look into whether the former patient in question is engaging in behavior that meets stalking or harassment thresholds in order to pursue legal relief for you.

All cases are unique, but what any OPMC-involved case shares is the need for a practitioner to quickly get legal guidance to protect themselves, their business, and their future.

Call our NYC medical license defense team at (212) 577-6677 today to schedule a consultation with an experienced OPMC defense lawyer.