The primary role of the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) is to monitor a medical professional’s practices to ensure they are keeping up with the standard of care, along with addressing any complaints made against them. And when any suspicions arise, the OPMC may investigate you, then interview you, then provide a hearing on their final verdict. Continue reading to learn how to prepare for your OPMC hearing and how one of the experienced OPMC/OPD misconduct defense lawyers at Walker Medical Law can stand by your side throughout.
What should I do to prepare for my OPMC hearing?
First, the OPMC will call you for an interview. You must take this interview seriously, as it may be your only opportunity to explain your perspective on the matter at hand. Then comes the hearing, which may be considered similar to a trial. At your OPMC hearing, you should prepare for the following sequence of events:
- A hearing committee, made up of two physicians and a lay member, may order that you have your medical license temporarily suspended if they believe that your practice is an immediate threat to your patients or the public.
- A hearing committee may review evidence from the investigation and additional evidence introduced by both sides.
- A hearing committee may listen to witnesses called on or questioned by both sides (i.e., current and former patients, colleagues, employers, etc).
- A hearing committee may listen to you testify (and an adverse inference may be drawn if you do not).
- A hearing committee may deliberate to eventually rule on your case and determine whether a penalty is warranted.
- You may appeal the hearing committee’s decision to an Administrative Review Board, made up of three physicians and a lay member.
What else should I expect?
Notably, the OPMC is required to investigate every complaint that they receive. So, having to go through an investigation, interview, and hearing does not necessarily mean that your career is over. They may just find you not guilty. This closed complaint or dismissed complaint may be kept confidential.
Unfortunately, there is still the possibility that you are found guilty of medical misconduct. With this, you may expect the hearing committee to sentence you to a medical license revocation, suspension, or limitation, along with potential fines, community service hours, and education courses. These disciplinary actions may be made public information. This is why it is highly recommended that you properly prepare for your hearing and that you are supported by legal representation throughout.
You must remember that there is a countdown for your OPMC hearing. So you should not wait too long before contacting one of the skilled OPMC/OPD misconduct defense lawyers from Walker Medical Law.
