Office of Professional Medical Conduct (OPMC) FAQ
Frequently Asked Questions about the Office of Professional Medical Conduct (OPMC)
The Office of Professional Medical Conduct (OPMC) is a New York State Department of Health agency that receives complaints from patients, family members or friends of patients, health care workers, hospitals, medical societies, government agencies and other agencies.
After receiving a complaint, the OPMC conducts an investigation. If the complaint seems to be of some substance OPMC will ask the physician to attend an interview to explain the situation.
If after the interview OPMC feels misconduct has occurred it will bring formal charges against the physician and require the doctor to defend him/herself at a Hearing.
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This organization is a division of the Medical Society of the State of New York and it exists to help physicians, physicians in training and physician assistants who have difficulties with stress, substance abuse, psychiatric issues and other physical and emotional situations. If you are being investigated by OPMC for a substance abuse issue, it is extremely helpful if you are in a CPH program as OPMC will view that participation very favorably if a question arises as to whether or can continue to practice medicine. Alcoholism and drug addiction are the most common issues and the Committee For Physician Health programs are well versed in the methods which will help you overcome these very serious difficulties.
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If you have a substance abuse problem that requires you to go to rehabilitation you will likely have to be admitted to the facility for 8 to 12 weeks. Please note that your health insurance will probably pay for this rehabilitation. However, not all health insurance is the same. For example, if you are allowed to go home on weekends after, perhaps, being in the facility for 6 weeks please note that some health insurers will say that they will no longer pay for the rehabilitation after that occurs. The reasoning seems to be that if you are not required to be in the facility 100% of the time, then you are no longer in need of treatment. This is in my view nonsense, but you should be aware that it might happen.
Also, while you are in the rehabilitation program you are obviously not working and therefore not earning money. This is where your disability insurance policy comes into play. You can file for disability and the payment from the company might well be very substantial depending on the type of policy you have.
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You should continue to attend meetings for, perhaps, 5 years after you have been released and there should be random testing of your urine several times a month. This might seem like overkill, but it is not. You did not get addicted in 12 weeks and you will not beat the addiction in 12 weeks. Also, if you are investigated by OPMC they will again view your continued participation and random testing as your commitment to stay clean and therefore you have an excellent chance of continuing to practice medicine.
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The OPMC conducts an interview with the physician, giving the physician an opportunity to explain the situation being reviewed.
A committee comprised of two physicians and a lay person (all members of the Board for Professional Medical Conduct) can dismiss the case or can refer it for a Hearing.
A committee can also recommend that the physician's license be suspended summarily if the physician poses an immediate risk.
Additionally, OPMC, while investigating a complaint can obtain medical and hospital records, interview other patients, employees or co-workers and gather any other data available to look into the activities of the physician in question.
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Professional medical misconduct includes about 50 different kinds of behavior including fraudulently obtaining a medical license, discrimination during the course of treatment and incompetence.
A complete list of definitions and behavior considered to be professional misconduct can be obtained from New York Education Law Section 6530.
If you are charged with misconduct you will either have to reach the equivalent of a plea agreement in a criminal case, or defend yourself at a Hearing.
You certainly will need to the services of a seasoned attorney to assist you in the fight which will be one of the most important issues in your professional life.
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Generally, no, an error of judgement does not typically constitute professional misconduct. An error of judgment is not malpractice.
An error of medical judgment occurs when a physician has two or more acceptable treatment option, but chooses what in hindsight turns out to be the wrong one.
Please note that the option you chose can be one that is used by a significant minority of physicians. If the proof is that this minority option is accepted, then you will not be found to have committed malpractice.
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Impairment is when a physical disability prevents a doctor from practicing medicine with skill and dedication. Impairment also includes substance abuse. If you are abusing a substance you must admit it to yourself and proactively obtain treatment.
OPMC will help a physician who is honestly attempting to overcome an addiction but will not tolerate someone who is lying about the situation. Clearly, physicians who are addicted are a danger to their patients and OPMC is in the business of protecting patients.
If your impairment is a physical one, for instance you sustained a stroke, you must be honest with yourself. Are you really able to care for patients?
If the stroke has left you somewhat physically impairment but mentally you are undamaged, you might be well served to have your treating neurologist attend the interview and discuss your situation. As the treating physician, his opinions will carry a good deal of weight
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A hearing committee reviews the case referred from the investigation committee. The Hearing committee is also comprised of two physicians and a lay person.
OPMC and the physician may both present evidence pertaining to the complaint, and then the committee decides whether to dismiss the charges or issue a sanction against the physician.
This Hearing is in reality a trial and what is at stake is your medical license.
Clearly, you want to avoid being charged with misconduct and that is why an effective presentation at the interview is so important.
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An administrative warning is a "non-public" matter. It is non-disciplinary. This means that:
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It is not reported to the National Practictioner's Data Bank.
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It is not posted on the New York State Department of Health's Physicians' Profiles website.
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It is not reported to hospitals where the physician has admitting privileges.
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It is not reported to insurance companies or HMOs in which the physician is a participating provider.
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A physician may affirm under oath that s/he has never been disciplined.
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The Board will confirm to anyone who inquires that the physician has not been disciplined.
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The sanctions range in severity including administrative warnings, censure, reprimand, suspension of license,probation, retraining or even revocation of the license.
Please note that all of the above sanctions with the exception of an administrative warning will be posted under your name on the Department’s website.
This is public information and, obviously, this posting might serious damage your career.
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As with court cases, either OPMC or a physician can appeal the decision of the Hearing committee.
During the appeal process, the penalty handed down by the hearing committee is suspended until the Administrative Review Board (consisting of three physicians and two lay people) renders its decision.
Additional appeals can be directed the court.
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A physician is incompetent when s/he does not have the basic skills or knowledge to practice medicine. Gross incompetence is a complete and extreme lack of those skills and knowledge.
When incompetence is the issue, you must be completely prepared for the interview part of the process. It is mandatory that you impress the physician at the interview.
It is mandatory that you are able to convince the OPMC physician interviewer that you are in fact knowledgeable and up to date on medical issues in general and that you have an excellent grasp of the specific area of medicine that led to the investigation.
You usually have several weeks between the notification from OPMC and the interview, and you should use that time to refresh your knowledge on the subject.
Remember, you want to end this inquiry at the interview as you do not want to have to prove your competence in a Hearing where you will be asked questions for hours at a time over several days. That is not a situation that anyone would like to go through.
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The courts have had difficulty in defining the difference between "ordinary" negligence and "gross" negligence. But they do recognize a difference.
Gross negligence evinces a reckless disregard for the rights of others or smacks of intentional wrongdoing. In other words, gross negligence is an act or omission of an aggravated character, as distinguished from the failure to exercise ordinary care.
As you can imagine, if you are charged with gross negligence OPMC feels that you have committed an egregious act and they will seriously be considering suspending your license to practice.