Becoming a physician takes a lot of time and effort, and once you’ve gone through all the work to become one, the practice still requires being able to juggle a lot of moving parts. For physicians practicing in Upstate New York, their license isn’t just something to display or something to brag about; it’s the foundation of the career they have chosen. Whether you work at Upstate University Hospital, Golisano Children’s Hospital, or St. Joseph’s Health, issues with your license can have real consequences for you and for your patients.
If you or someone you know is facing licensing problems or disciplinary issues with the New York State Department of Health (DOH) Office of Professional Medical Conduct (OPMC), the LLF National Law Firm can help. We can help you at every step of the process, from responding to a complaint to tackling an investigation and even negotiating a solution that will allow you to keep your career and your practice. Call us today at 888-535-3686 or fill out our online form to schedule a consultation with our Professional License Defense Team.
You don’t have to face these allegations alone. The LLF National Law Firm can be your ally to help you protect your license, your career, and your reputation.
How to Defend Your License in the Upstate New York Region
Complaints against physicians in Upstate New York are handled by the New York State Health Department’s Office of Professional Medical Conduct (OPMC) and the state Board for Professional Medical Conduct. The Board is the institution in charge of granting licenses for physicians in the state, but the Office of Professional Medical Conduct (OPMC) is the one in charge of investigating complaints involving physicians and enforcing New York statutes.
That means they also decide what action, if any, needs to be taken, which can range from reprimand, fine, restriction of practice, remedial education, administrative cost, probation, license suspension, or license revocation.
In Upstate New York, disciplinary procedures will follow these steps:
- All processes begin with a complaint filed in front of the Office of Professional Medical Conduct. Complaints can come from patients, health facilities, colleagues, or even a third party.
- Complaints will then be reviewed by OPMC investigative and medical staff in order to establish if there’s a possible misconduct and if the OPMC has jurisdiction over the matter.
- If the complaint raises possible misconduct issues, it will be assigned to investigators. The investigation will typically involve interviewing the complainant, the physician, and others involved. In general, complainants’ identities are kept confidential.
- If you are facing an investigation, the OPMC will expect cooperation. That involves interviews and making whatever records they might need available. Failure to respond to written communications from the state Health Department and to make available any relevant records with respect to an inquiry constitutes misconduct.
- Complaints that raise issues outside OPMC’s jurisdiction can be referred to the appropriate agency. If this happens, the complainant and physician will be notified.
- If enough evidence of misconduct is found during the investigation, the case is presented to an investigation committee consisting of two physicians and one layperson drawn from the board. This committee will then recommend to the Director any of the following: a hearing, additional investigation, a dismissal of the matter, or non-disciplinary warnings or consultations.
- The committee may recommend to the state health commissioner that the physician’s license be summarily suspended if they determine the physician poses an imminent danger to the public health.
- If it doesn’t rise to that level but there is evidence suggesting misconduct, or if the commissioner orders a suspension, charges are filed against the physician, and a hearing is scheduled.
- If there is not enough evidence of misconduct, the investigation is terminated, and the case is closed. Complainants and physicians are then notified by letter.
- Cases that are ordered to a hearing have to be seen by another committee of the board, which also consists of two physicians and a lay member. This committee will hear and review evidence from both sides. The committee then rules on the case and determines if a penalty is warranted.
- All decisions can be appealed by either side to an Administrative Review Board composed of three physicians and two lay members of the board.
What are the Penalties for Misconduct?
The Board has full authority to take the following actions against a physician’s license.
- Revocation
- Suspension, which can be an actual or partial suspension for a fixed period of time or an actual or partial suspension until a physician completes retraining, education, or rehabilitation.
- License limitation to a specified area or type of practice.
- A requirement that a physician pursue a course of education or training.
- License or registration annulment.
- Censure and reprimand.
- A fine, which cannot exceed $10,000 for each finding of guilt.
- Community service of up to 500 hours.
The state Public Health Law 230(18) also gives OPMC the authority to monitor physicians who have been placed on probation. The physician’s license may be placed on probation for a fixed period of time, with terms and conditions set for the physician during that term. Those conditions can include randomly selected patient records, periodic visits to OPMC, employment of a practice monitor or chaperone, among others.
Common Physician License Problems in Upstate New York
You don’t have to be a “bad doctor” to face disciplinary action. But if you find yourself in that situation, it’s unlikely people will give you the benefit of the doubt or take your word for it. That’s why it’s important to act.
Most complaints against physicians typically fall into the following categories: quality-of-care issues, issues with prescriptions, documentation issues in general, whether it’s paper documentation or EMR, and complaints about professionalism issues, be it due to inappropriate relationships or harassment claims, or allegations of practicing under the influence of alcohol or drugs.
Conduct-related accusations, which can range from claims of impairment, unprofessional behavior, harassment, to inappropriate relationships, require immediate attention. The LLF National Law Firm can help you:
- Understand if the alleged conduct fits within New York statutes and regulations.
- Ensure that your response to the complaint is complete, while making sure it doesn’t contain any information that can be used against you.
- Prepare the best defense plan possible, including the best way to present your side of the story, what documentation to provide, and what concessions you should make to the Board, if any.
Administrative, documentation, bureaucratic issues, EMR documentation problems, or even chart deficiencies are also issues that can land you in trouble. The LLF National Law Firm can help you there, too. We can assist you with:
- Clarifying what happened to make sure you aren’t punished for a mistake that has already been corrected.
- Collecting evidence to establish that no patients were harmed by the conduct being investigated and to prove that there was no malicious intent.
- Helping negotiate a settlement with the Board or hospital, if needed.
No matter how careful you are, it’s likely that as a physician, you will face investigations in your career. And the investigations don’t just have to come from the OPMC; they can come from medical staff offices, peer review committees, and corporate compliance teams at major employers like Upstate University Hospital, Golisano Children’s Hospital, or St. Joseph’s Health.
Investigations are not fun, and sometimes you might be tempted to ignore what’s going on, or to think that just telling the truth will make it all go away. But it’s not that simple. It’s important to treat any and all investigations against your license seriously. But you don’t have to do that by yourself. As a physician, your job is to know medicine and treat patients, not to understand how the disciplinary process for your profession works.
That’s where the LLF National Firm comes in. We can take the point in all your licensing problems, so you can focus on your own practice without having to worry about navigating a process you don’t understand and aren’t an expert in. The LLF National Law Firm Professional License Defense Team understands how licensing boards work and how the New York State Department of Health (DOH) Office of Professional Medical Conduct (OPMC) operates, as well as what the process entails. We can handle the disciplinary process for you while you focus on your practice. Contact the LLF National Law Firm’s Professional License Defense Team and safeguard your job and your future.
Why You Should Not Handle License Defense Alone
Licensing matters can affect your ability to do your job and earn your livelihood, and it’s important to understand that if you’re facing an investigation, it’s not as simple as just explaining what happened to the OPMC. New York licensing authorities are public protection agencies, not neutral mediators, which means they are not required to give you the benefit of the doubt.
This means that any information you provide to the board can be used against you, and that honest attempts to correct a mistake or clarify something can sometimes be portrayed as dishonesty. That’s why it’s important to have an ally who understands how the process works and how the Board thinks.
The LLF National Law firm can help. We are familiar with the process in New York, and our defense work in Upstate New York includes:
- Making sure you understand not just the allegations against you, but also how the disciplinary process works and what will be expected from you at every step of the process. We will also advise you of the possible ramifications to your career and your livelihood in case you are found responsible, to make sure you enter the process with all the information you need.
- Being by your side at every step of the process, providing a sounding board and dedicated attention to the proceedings.
- Helping you respond to the initial complaint is one of the most important steps. Your initial response should be clear, concise, and provide the Office of Professional Medical Conduct (OPMC) with all the information they need to continue on with their investigation, but it should not leave you open to further scrutiny or undermine your defense in any way.
- Making sure the Office of Professional Medical Conduct (OPMC) has us down as the point of contact for all communications, so you always have someone on your corner who can be vigilant about the information or documentation that the Office of Professional Medical Conduct (OPMC) is acquiring about you.
- Helping you prepare for any interviews and tackle any request the Office of Professional Medical Conduct (OPMC) has, whether they be oral or written, to make sure you are at no point surprised by the questions you are being asked.
- If needed, negotiate any settlements offered to make sure that they serve your interests, including suggesting changes that might benefit you over what the Board has offered.
- Representing you at any and all hearings, including in front of New York courts.
The LLF National Law Firm:
- Understands the Office of Professional Medical Conduct (OPMC) processes and expectations.
- Is prepared for the ways hospital procedures can interact with Office of Professional Medical Conduct (OPMC) decisions in New York, and we have a strategy for how to manage the overlap between the two so that you end up with the best possible outcome, not just in front of the OPMC, but also in front of the hospital.
- Can navigate Board correspondence and advise you on when to negotiate and when to litigate.
Physician License Defense Help in the Upstate New York Region
If the New York State Department of Health (DOH) Office of Professional Medical Conduct (OPMC) has been in touch with you regarding any issues with your license, what you do now is crucial. This is a scary time, but you don’t have to face any of what comes alone.
The LLF National Law Firm is here for you. Give us a call at 888-535-3686 or fill out our online form and schedule a consultation with our Professional License Defense Team.