NEW YORK DENTAL LICENSE DEFENSE ATTORNEYS

Attorneys at Joseph Potashnik and Associates PLLC represent defend New York dentists in all disciplinary matters involving allegations of professional misconduct as well in criminal matters.

Our New York dental license defense attorneys are skilled in laws and regulations that govern practice of dentistry in New York. We are also experienced criminal defense and appeals attorneys able to provide you with valuable expertise throughout the representation.

Dentistry in New York is controlled by several statutes and regulations, particularly Article 133 of New York Education Law. Professional misconduct of New York dentists is defined in Part 29 of Rules of the Board of Regents and section 6509 of New York Education Law. Please click here to learn more on what constitutes professional misconduct for New York dentists.

A dentist practicing in New York may be found to have committed professional misconduct for any of the following:

Being convicted of a crime;
Practicing fraudulently;
Practicing beyond the authorized scope of practice;
Practicing with gross incompetence or negligence;
Practicing while being intoxicated or impaired by alcohol, drugs, or mental disability;
Habitually using drugs;
Unlawful fee splitting;
Allowing professional duties to be performed by unauthorized persons;
Sexually or physically abusing patients;
Filing false reports;
Failing to maintain proper records;
Ordering excessive and unnecessary tests.

A disciplinary process against a New York dentist may be triggered by filing of a complaint with the Regional Office of Professional Discipline (OPD) which will then investigate the complaint. If you are convicted of a crime or enter into certain plea agreements with the District Attorney?s Office, the state Department of Probation will notify the Department of Education of the case disposition and an investigation will be automatically initiated.

During the course of investigation, the dentist will be contacted by an OPD investigator. Although the licensee has a duty to cooperate with investigation, at this point it is absolutely crucial to consult with an attorney experienced in the OPD actions before discussing the case with investigators. Any information obtained by the agency in the course of the investigation will become part of the investigative report, which is often extremely damaging to the licensee?s case. When contacted by an investigator concerning a misconduct matter, call our exper

ienced New York dental license defense attorneys immediately. We will discuss the case with you and take over the handling of the matter. The same applies when you are under investigation by a law enforcement agency for any criminal activity. Criminal conviction is in itself professional misconduct. Any information you provide will be used against you and make your defense more difficult. When approached by law enforcement investigators, insist on discussing the matter with an attorney before providing any information at all.

When a New York dentist is found guilty in committing professional misconduct, he or she will be subject to a disciplinary action that may include a reprimand, suspension, revocation, and maximum fines of up to $10,000 per charge. Medicaid, Medicare, and third-party parties such as hospitals and insurance companies may also bar participation or membership of dentists found guilty of professional misconduct or crime.

If you are under investigation for unprofessional conduct or criminal activity, call our office immediately to set up a confidential consultation.

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