OPMC ATTORNEYS IN NEW YORK
Our New York City based defense firm has represented numerous physicians and registered physician assistants before the Office of Professional Medical Conduct (OPMC) in the state of New York.
While many New York doctors have never heard the name, the OPMC is authorized by law to investigate professional misconduct allegedly committed by physicians and physician assistants. When an investigation begins, it is in your best interests to retain a talented New York OPMC Defense Attorney.
What Happens If a Complaint Is Filed Against Me With The OPMC?
Once a professional misconduct is filed against a New York physician, the OPMC will investigate the allegations. Unless the OPMC does not have jurisdiction over the case or does not have sufficient evidence against the licensee, the investigation will go on.
The OPMC will then notify the physician, generally by mail or by telephone, often requesting an interview. In some cases, patient records will be requested. It is important to know, that while the licensee has an obligation to cooperate with the disciplinary authorities and must provide any requested documentation, one is not obligated to agree to an interview.
In fact, no physician should be speaking with any investigators prior to seeking legal advice.
In those cases, where the physician does submit to an OPMC interview, the agency will prepare a Report of Interview and make it available to the physician.
If the initial OPMC investigation determines that there is sufficient evidence of professional misconduct, the case will be referred to the Investigation Committee. Members of an Investigation Committee are two doctors and a lay person.
The committee reviews the case further and makes a recommendation on whether a disciplinary hearing is necessary. At that time formal disciplinary charges will be drafted. Depending on whether this decision by the Investigative Committee is unanimous or not, the charges may become public.
In some cases, if it is considered that the physician in question represents serious and immediate risk to the public health, the committee may recommend that the physician’s license be summarily suspended before a hearing.
If the case goes to a hearing, a hearing committee of two doctors and a lay person is appointed. The hearing committee serves in the capacity of a judge, a trier of fact. Although, an administrative law judge is present at the hearing, the committee members will be the ones to decide on guilt or innocence. If the committee finds that misconduct has been committed, it will then decide on the penalties.
In New York, available penalties in medical disciplinary cases are: reprimand, probation, suspension, license annulment, license limitation, and license revocation. There could also be heavy monetary fines, community services, and retraining.
Most OPMC cases are resolved before they reach the hearing stage. An equivalent of a plea bargain in criminal proceedings, an application for consent order is the most common way of resolution of disciplinary matters. An application for consent order requires the physician to admit wrongdoing but allows avoiding more severe penalties.
May I Appeal a Hearing Committee Decision?
New York law provides for an administrative review of a determination made by the Hearing Committee. Either a physician or the OPMC may file an appeal with the Administrative Review Board. The ARB consists of three doctors and two lay persons.
The next step in the appellate process is challenging the hearing committee or the ARB decision in state court under CPLR Article 78. These cases are difficult to win because the licensee has the burden of proof that the agency’s decision was arbitrary and capricious.
If you are a New York physician under investigation by the OPMC, or other health care professional facing the same issue, call our office now to speak with an experienced OPMC attorney!