Please read on, then contact an experienced OPMC/OPD misconduct defense attorney to learn what the OPMC investigative process looks like in New York.
What are the steps of the OPMC investigative process in New York?
Generally, the Office of Professional Medical Conduct (OPMC) conducts its investigations in the following fashion:
- OPMC investigative and medical staff review written complaints.
- Investigators are assigned to complaints that raise possible misconduct issues. OPMC medical coordinators provide clinical guidance as complainants, doctors and others involved are interviewed over the phone or in person.
- Licensees who are under investigation are expected to cooperate in the investigative process, to participate fully and openly in the interview process and to make records relevant to an inquiry available upon request. Failure to respond to written communications from the state Health Department and to make available any relevant records with respect to an inquiry about the licensee’s professional misconduct by themselves constitute misconduct. A physician may have legal counsel present at any time during the investigatory process.
- Complaints that raise issues outside OPMC’s jurisdictions may be referred to the appropriate agency.
- If an investigation uncovers sufficient evidence to suggest misconduct, the case is presented to an investigation committee consisting of two physicians and one lay person drawn from the board. This committee can recommend a hearing, additional investigation, a dismissal of the matter or non-disciplinary warnings or consultations.
- The physician’s license may be summarily suspended if the investigation committee determines the physician poses an imminent danger to public health.
- The physician may face charges if the investigation committee finds evidence suggesting misconduct or if the commissioner orders a summary suspension.
- If the committee does not find sufficient evidence suggesting misconduct, they may terminate and close the case.
- Cases ordered to hearing go before another committee of the board, which hears and reviews evidence from both sides.
- The committee rules on the case and determines if a penalty is called for.
- Either side may appeal a decision to an Administrative Review Board.
As you can no doubt see, an OPMC investigation is long and involved, which is why you should avail yourself of the quality legal representation available through our firm. Our attorneys will fight doggedly every step of the way to preserve your good name and professional reputation. Not only is your career on the line, but potentially the rest of your life, so please do not hesitate to call us today.
Contact our experienced New York City firm
When a medical professional is accused of misconduct, they must retain strong legal representation. 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.