Reviewed by Paul E. Walker

Key Takeaways

  • The goal is to end the case at the interview, before charges are filed.
  • You are entitled to 20 days’ notice, counsel, and a stenographer.
  • Expect statements you have not seen, since there is no discovery beforehand.

If you get called to an interview with the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD), this is where you will want your misconduct case to start and end. And so, you must be prepared to explain yourself with nothing but the truth. Follow along to find out how pivotal your OPMC or OPD interview is and how a proficient OPMC/OPD misconduct defense lawyer at Walker Medical Law can help you properly train for this.

How Important Is It to Prepare for My OPMC or OPD Interview?

You should know that when you are summoned to an interview with the OPMC or OPD, your medical license is in jeopardy. You cannot predict what may happen at an administrative hearing, so your goal should be to end the investigation at the interview portion. Ending it here is ideal, as it means no charges will be placed against you and your file will be closed.

How Do I End the OPMC or OPD Investigation at the Interview?

At your interview, you will have to explain yourself and the issue at hand, why you did or did not do what you have been accused of, etc.

With this, you must understand that you cannot defend the indefensible. That is, you will be speaking in front of investigators and physicians who have years of experience with these interviews. So, you can expect that they can easily detect if the story you are sharing is untrue.

In addition, they will compare your story with that of other witnesses and claimants. So if your version does not match up with theirs, that will raise a red flag. Therefore, it is best to answer all questions from memory and based on the documented facts.

Our advice is that, sometimes, you have to admit that you have committed misconduct and that you are taking the necessary steps so that you do not do this again. This is because recognizing that you did something wrong and showing how you corrected this wrong is better than lying. With lying, you are, more likely than not, going to prolong this process, be charged with misconduct, and lose your license.

What the Interview Notice Must Tell You

If you are a physician, physician assistant, or specialist assistant, Public Health Law § 230 gives you several protections before an OPMC interview:

  • At least 20 days’ written notice, describing the conduct being investigated, the issues, the time frame, and the patients involved
  • The right to be represented by counsel at the interview
  • The right to bring a stenographer, at your own expense
  • A copy of the interviewer’s report, sent within 30 days after the interview

Use that notice. It tells you which records, dates, and patients to review before you walk in. Note too that failing to respond to the Department’s written requests within 30 days is itself misconduct under Education Law § 6530, so silence is not an option.

Other People Have Already Given Statements

It’s important to understand that there is no discovery before the interview. As such, you will not see what colleagues, supervisors, or patients have told investigators until they have read it to you, and people will typically provide statements that protect themselves.

In one OPD matter we handled, a nurse was questioned about whether regulations were followed as a patient was passing away. Though several other nurses had been involved, none discussed the matter with our client beforehand, which informed us that their accounts may attempt to shift blame to her. Our client answered from her memory and the documented record. The investigator read two statements blaming her, and a third that matched her account. After a month, the file on our client was closed. Prior results do not guarantee a similar outcome.

The lesson is to prepare for accusations you have not heard yet. You should review the charts and timeline with your lawyer, identify who else was present, and decide in advance how you will handle being confronted with a version of events you did not anticipate.

What Actually Works at the Interview

In our experience, OPMC can respond favorably to a physician who recognizes a problem and has already fixed it.

In one case we handled, a physician provided an IV antibiotic to a diabetic patient in the office after relying on the patient’s description of his kidney function. The patient then ended up on permanent dialysis. At the interview, our client explained that he should not have taken the patient’s word about the test results, and that in the five years since, he has obtained the underlying laboratory results every time. Additionally, he explained he no longer administers the antibiotic outside of a hospital setting. Our client also brought literature supporting his original decision but did not hide behind it. Ultimately, OPMC closed the file with no additional action a few weeks later. Prior results do not guarantee similar outcomes.

How Can a Lawyer Help Me Prepare for My Interview?

Importantly, you may come across an issue where there will be an unknown accusation against you. This unknown accusation may be completely different from the situation that occurred and what you prepared to defend. And so, a lawyer can help you navigate how to handle this situation.

Contact an Experienced New York OPMC/OPD Defense Firm

All in all, you can never be too prepared for your interview. That is why it’s critical to connect with an experienced attorney at Walker Medical Law. Our firm will do everything in our power to help you navigate these complex times. Contact a talented OPMC/OPD misconduct defense lawyer when you get the chance. We look forward to hearing from you.