Unfortunately, the New York State Education Department’s Office of Professions receives thousands of complaints of illegal medical practices each year, and hundreds of cases are substantiated. This has become an alarmingly prevalent issue as medical institutions downsize to reduce costs and subsequently use unlicensed assistive personnel to provide licensed professional services to patients. Or, those who were once licensed to practice medicine in New York State, or studied it but never acquired the proper licensure, proceed with administering this professional care. With all that being said, please follow along to find out why you should not withhold the truth about your license to practice medicine and how one of the proficient New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law can assist you if you run into any issues.
What happens if I withhold the truth about my license to practice medicine?
Simply put, the New York State Attorney General may prosecute an individual who practices medicine without a license for a felony conviction. Of note, the same charge may be given to any licensed medical professional who, on three or more consecutive occasions, has been caught aiding and abetting an unlicensed individual with this practice. This is because they have a duty of care in reporting such suspicious activities amongst their colleagues. And so, the criminal consequences associated with this Class E felony conviction include imprisonment for up to four years, probation for up to five years, fines of up to $5,000 or double the defendant’s financial gain, potential post-release supervision, and a permanent criminal record.
What happens if I act beyond the scope of my profession?
It is worth mentioning that a first or second offense of assisting or enabling an unlicensed individual to practice medicine may be left to the New York State Education Department’s Office of Professions. This Office also handles cases in which licensed medical professionals practice beyond the scope of their profession. For example, a licensed practical nurse who administers certain IV medications or prescribes medications to a patient. This is because New York State law clearly distinguishes between an unlicensed individual practicing medicine versus a licensed individual practicing beyond their specialty. The former may constitute a criminal offense, while the latter may signify a medical misconduct offense.
With this, the Office of Professions may take disciplinary action against an individual’s medical license rather than imposing criminal penalties on them. This means an individual may receive a censure and reprimand to deter them from continuing this unauthorized patient care. Or, in more severe cases, they may get their medical license temporarily suspended or permanently revoked. If they are ever able to reinstall their license, they may be subject to probationary monitoring or new limitations on the scope of their profession, among other restrictions. This is not to mention mandatory completion of education, training, and community service hours.
The first step toward preparing yourself for this legal action is to retain the services of one of the talented New York City OPMC/OPD misconduct defense lawyers. Look no further than Walker Medical Law.
