When a physician develops a substance abuse issue, it is generally treated as a form of misconduct and subsequently investigated by the Office of Professional Medical Conduct (OPMC). Depending on the outcome of the claim, a physician may face a suspended license, mandatory participation in treatment programs, monitoring, and even loss of employment.  As such, early legal guidance and proactive steps can often help determine whether or not you may continue practicing medicine in New York State

Why Physician Substance Abuse is Taken Seriously

Unfortunately, when a New York City doctor is accused of a substance abuse issue, regardless of whether or not the allegation is false, it can have an immense impact on the career, reputation, and livelihood of a doctor. In the event that the allegations are found to be true, it can be an immensely dangerous situation, as any doctor who is not functioning at 100% of his/her mental capacity can be a danger to patients. Also, this situation can sound the death knell for the physician’s career, as no one wants the liability of employing such a physician, even if rehabilitation has supposedly been accomplished.

Regulators treat substance abuse cases in New York City aggressively because they can have a direct impact on the safety and well-being of patients. As such, even unfounded allegations can trigger investigations and employment consequences.

How Do NYC Physicians’ Substance Abuse Cases Begin?

In New York, substance abuse allegations are generally handled as professional misconduct under medical law. This means physicians can face disciplinary action, ultimately impacting their license, such as revocation, probation, or suspension.

These cases come to us in several different ways. First, some physicians realize that they have a drug problem and they contact the firm. This situation is the easiest to deal with, as the first massive step has been taken.

Scenario 1. Physician Self-Reports and Seeks Help Early

  • The physician recognizes the problem before their employer or state regulatory agencies do
  • The physician is likely still employed
  • They begin immediate treatment or enrollment in a facility or program
  • They may be subject to random urine toxicology screenings
  • Must decide whether to use the Committee for Physician Health (CPH) or an alternative program
  • Early intervention may prevent formal disciplinary action
  • Physicians who proactively enter treatment may continue practicing

Scenario 2. Physician Is Accused or Reported by Employer

  • The physician may be found incoherent or impaired at work
  • Allegations of narcotics theft may arise
  • Can result in the immediate termination of employment
  • The case will be reported to the OPMC, which will begin an investigation
  • Reports may arise from coworkers, medical facility staff, or patients
  • Even allegations without evidence may trigger investigations

What Happens After a New York City OPMC Investigation Begins?

When OPMC becomes involved, they begin their own investigation. This will include an interview with the physician, and an experienced New York medical defense attorney can help you prepare for that interview and attend the meeting.

Important Steps in the Investigation Process

  • The OPMC will initiate a formal investigation with trained investigators
  • They will review all employment records, employee files, and patient complaints
  • The OPMC will evaluate the allegations of substance abuse
  • You will submit supporting documentation, like toxicology reports, evaluations, and professional references
  • If the OPMC determines a substance abuse allegation has legal standing, they may recommend disciplinary action or further monitoring

What Evidence Can Help Support a Physician?

  • Toxicology reports and screening results
  • Letters from employers
  • Letters from counselors at a substance abuse treatment program or facility
  • Proof of ongoing treatment and compliance

Can a Physician Continue Practicing in New York City After an Allegation?

A problem that always arises is whether the physician can or should continue to work at a different facility or on his or her own after the accusation is made and the physician has been terminated from the place where the issue was raised. This situation is very complicated, and each case has to be evaluated on its own set of facts.

When Continuing to Practice May Be Possible

  • The physician is in active treatment
  • The physician has clean toxicology reports
  • There is no evidence of harm to patients
  • The physician is complying with restrictions or monitoring
  • They have strong support from their employer

When Temporary License Surrender May Occur

  • Temporary license surrender is a non-disciplinary order
  • This is reported to the National Practitioner Data Bank
  • The physician cannot work during this time
  • A hearing may take years to occur
  • If reinstated, there will likely be restrictions on the license

Contact a New York City Medical Defense Attorney Today

This area of the law is extremely important and the decisions the physician and the lawyer make will be very, very significant. You have to understand all of the ramifications of your decisions, and this can only be done by looking into the future and knowing what consequences there might be. As such, working with the team at Walker Medical Law is imperative, as our firm proudly represents physicians and other medical providers throughout New York. There are many moving parts, and your entire career can depend on what actions you take early in the process; accordingly, you have to have advice that gives you a clear picture of these issues. That is why it is in your best interest to contact our firm today.