What if I Receive a Consent Order from the OPMC?

If you have a pending hearing for medical misconduct, you cannot necessarily enter a plea bargain because federal or state prosecutors are not the ones working against you, but rather the Office of Professional Medical Conduct (OPMC). However, the OPMC uses a system similar to plea bargaining, often referred to as a consent order. While you may be eager to sign off on this order to make this issue go away as quickly as possible, you must understand the serious implications it may have on your professional career as a physician. With all that being said, please read on to discover the best way to respond if you receive a consent order from the OPMC and how one of the seasoned New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you assess the cause and effect of each potential legal route.

How do OPMC consent orders work?

Put in its simplest terms, a consent order is a negotiated, legally-binding disciplinary agreement between you, a physician who has been accused of medical misconduct, and the New York State OPMC. It includes factual findings of your medical misconduct incident, along with your admission of being at fault. It also outlines the penalties that you have agreed to, such as censure and reprimand, probation in your professional practice, possibly with monitoring, drug testing, etc., a suspension or surrender of your medical license, or otherwise. Once you sign it and the OPMC Board approves of it, it becomes enforceable, publicly recorded, and personally reported to all relevant licensing boards.

What should I do if I receive an OPMC consent order?

You must understand that if you receive a consent order from the OPMC, you are not legally obligated to sign it, no matter how much outside pressure you may feel. Rather, you have the right to legal counsel before taking any action, which we strongly encourage you to exercise. This is because your lawyer may have experience in assessing consent orders and consider your unique case before advising you on whether to accept or reject it.

That is, the OPMC may have sent you a consent order in the first place because they are confident that they have strong enough evidence to use against you at an administrative hearing. Well, your lawyer may review the investigative records, expert reports, and other proof at hand to determine how accurate this judgment is. They may even identify procedural issues that may have been committed along the way, which may jeopardize the legitimacy of the OPMC’s case against you.

Otherwise, your lawyer may assure you that signing off on a consent order is in your best interest. This may be if you truly prioritize keeping this incident as confidential as possible, or if they have a strong suspicion that an administrative hearing will result in career-altering or career-ending consequences. From here, your lawyer may negotiate on your behalf for less severe penalties and make this disciplinary agreement that much more worthwhile.

In conclusion, we suggest you employ the services of one of the competent New York City OPMC/OPD misconduct defense lawyers from Walker Medical Law if you want the best possible chances at a positive legal outcome. We look forward to serving you.