After several hospitals in New York state recently came under fire for acting as environments that tolerated sexual harassment by medical professionals, Governor Cuomo introduced legislation to hold violators accountable. The 30-day budget amendment allows the New York State Department of Health Commissioner to require any physician who has been charged with felony misconduct in their medical practice to stop practicing immediately. In addition, the amendment would allow law enforcement to get a search warrant for the accused physician’s home, vehicle, computer, workplace, and office, as well as their personal belongings. This piece of legislation also reduces the amount of time available to obtain relevant documentation in an effort to speed up the process. The time period to submit relevant information has been shorted from 30 days to 10 days.
The Commissioner of the New York State Department of Health stated that under current state law, there is no way for the Department to take actional quickly against physicians accused of misconduct. The changes in this legislation would also require that a hearing concludes within 90 days of the physician’s suspension. Physicians charged with felony misconduct can be required to stop practicing partially or fully, depending on the Health Commissioner’s judgment on the situation.
If you are a medical professional who has been accused of misconduct, contact our firm today.
If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.