Without prior warning, you may learn that the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) is running an investigation against you in response to a misconduct complaint. With your whole career suddenly turned upside down, so to speak, you may wonder if you have to temporarily step down from your position and practice of medicine until the OPMC Board makes its final ruling. Well, if you require more clarity, please follow along to find out whether you can continue to work when your OPMC investigation and hearing are still pending and how one of the proficient New York OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you prepare for this legal battle ahead.

Can I still work while my OPMC investigation or hearing is pending?

When the OPMC first receives a medical misconduct complaint about you, it may assess whether the matter falls under its jurisdiction. Then, it may determine whether the matter is worth pursuing a formal investigation against you. Specifically, investigators may conduct a preliminary interview with the complainant and collect initial medical records. After this initial review, investigators may find reason to believe you pose an imminent danger to the public should you continue practicing medicine. If so, they may recommend taking immediate, interim action and place a summary suspension on your medical license until a verdict is reached from your hearing with the OPMC Board.

Even if the OPMC investigators do not order a summary suspension, given your at-will employment status, your employer may decide on their own to temporarily suspend you from the healthcare facility pending your OPMC hearing. That is, they may have their own procedure for handling medical misconduct complaints against their employees internally. And even if the OPMC ultimately finds you not guilty, they may still hold the legal right to terminate your employment indefinitely.

What are the potential outcomes of my OPMC investigation and hearing?

Regardless of whether or not the OPMC investigators decide to place an interim suspension of your medical license, your investigation and hearing may have any one of the following outcomes:

  • The OPMC may decide to dismiss the complaint if there is insufficient evidence of a medical misconduct act.
  • The OPMC may give an informal administrative warning, which will still remain on your professional record.
  • The OPMC may require your employer to hire a practice monitor or chaperone for you to continue practicing medicine.
  • The OPMC may require you to attend certain Continuing Medical Education (CME) courses before you continue practicing medicine.
  • The OPMC may require you to comply with certain disciplinary actions, such as paying fines or performing community service hours.
  • The OPMC may continue your medical license suspension for a certain timeframe or, worse, revoke your license entirely.

No matter what, you must cooperate with the OPMC investigation and hearing procedures. If you have made it this far, please do not hesitate to seek further information from one of the talented New York OPMC/OPD misconduct defense lawyers. The team at Walker Medical Law is willing and able to guide you through your future legal processes.