Reviewed by Paul E. Walker

Key Takeaways

  • An accusation is enough: OPMC must investigate any complaint about alcohol use, even if you believe your work is unaffected.
  • Penalties vary: Outcomes range from censure and fines to suspension until treatment, probation, or revocation.
  • Early treatment helps: Entering a rehabilitation program before OPMC gets involved can protect your license.

Medical professionals are just like anyone else and may face hardship in their lives. This may include alcoholism. In this case, they may be concerned about their ability to maintain their medical career while battling their addiction. It is important that medical professionals who have an addiction problem do not allow it to impact their practice and their patients. In the case that it does, the medical professional may face consequences after being investigated by the OPMC.

If you are facing an OPMC investigation and are concerned about the potential loss of your medical license, continue reading to discover your options. If you require a medical law attorney for your legal matters, reach out to an experienced New York City OPMC lawyer who will walk you through each step of the process. Don’t hesitate to contact our firm to schedule an initial consultation today.

Is My Job at Risk Due to Alcoholism?

Medical professionals who are suffering from alcoholism can be at risk of losing their job. Any type of medical treatment or advisement that is done under the influence can result in severe harm to the patient.

In the case that a patient or even a peer believes that the medical professional has a substance abuse problem, or that they have performed medical treatment under the influence of alcohol, a complaint can be registered with the Office of Professional Medical Conduct (OPMC). Once a complaint is registered with the OPMC, they will launch an investigation into the medical professional’s career.

The OPMC may feel as if they are unable to continue practicing medicine if they are believed to be impaired due to their alcoholism. If a patient suffers harm as a result, they are also eligible to pursue a malpractice lawsuit.

What Happens if You Are Accused of Alcoholism at Work?

Accusations alone can trigger investigations, even if you believe that your drinking does not overlap with your ability to work and practice medicine. OPMC is required to investigate every complaint in accordance with Public Health Law § 230.

Additionally, a board committee may order a medical or psychiatric examination if impairment is suspected.

Habitual alcohol abuse is, in and of itself is misconduct under Education Law § 6530. For more information on drunk driving charges, please refer to our information on DWIs and your medical license.

What Consequences Can I Face?

The consequences a medical professional may face regarding their alcoholism will depend on the situation and the findings of the OPMC’s investigation. Most commonly, the OPMC’s punishment will be censure and reprimand. The individual may also be subject to a fine or increased liability insurance. Under Public Health Law § 230-a, the board can also suspend a license until treatment is completed or impose probation, and serious cases can end in revocation.

How Can I Protect Myself?

It is possible for medical professionals to avoid these consequences by recognizing their alcohol addiction and seeking help. As soon as the individual recognizes their problem, they can go to the Committee on Physicians Health to enter a program of rehabilitation. It is possible for the medical professional to not have their license revoked permanently if the OPMC recognizes the effort made to correct the addiction and change their life for the better.

The committee is required to report a physician to OPMC who poses imminent danger or otherwise refuses treatment. If you want more information, please see our guide to physician substance abuse.

Contact Our Experienced New York City Professional Defense Firm

If you are a medical professional accused of alcoholism or other misconduct, it’s in your best interest to connect with an experienced attorney with Walker Medical Law. Our firm understands how complicated these matters can be, which is why we are committed to fighting for your best interests. Contact us today to learn how we can represent you.