Reviewed by Paul E. Walker
Key Takeaways
- OPMC is part of the Department of Health and oversees physicians, physician assistants, and specialist assistants.
- It must investigate every complaint, and ignoring its written requests can be misconduct.
- Penalties range from censure to revocation, including fines and public service.
All physicians must meet strict standards in their practice. Mistakes made by a physician due to negligence can lead to serious consequences. This may prompt an accusation of medical misconduct. When a doctor is accused of medical misconduct, an investigation will be launched by the Office of Professional Medical Conduct (OPMC). To learn more about the role of the OPMC in this process, continue reading.
If you are facing an OPMC investigation, reach out to our knowledgeable New York City medical malpractice attorney. Our legal team will walk you through the steps of the legal process ahead.
What Is the Role of the OPMC?
The OPMC supervises medical professionals and has the job of ensuring that medical professionals conduct themselves both ethically and morally. When a complaint is filed against a medical professional, the OPMC will investigate in search of evidence of misconduct. OPMC, which is a part of New York’s Department of Health, oversees physicians, physician assistants, and specialist assistants. Under Public Health Law § 230, OPMC must investigate every complaint received.
The committee of the OPMC consists of two physicians and one non-physician. The OPMC committee investigates the following complaints:
- Billing fraud
- Insurance fraud
- Sexual misconducts
- Substance abuse issues
Failure to respond to a written request from OPMC within 30 days may be considered misconduct in and of itself under Education Law § 6530.
The OPMC handles the following tasks:
- Educate the medical community about misconduct
- Discipline and prosecute physicians who have been charged with misconduct
- Investigate complaints against medical professionals
- Monitor physicians who are on probation
- Monitor physicians who have had their medical license restored after it was revoked
- Monitor the Committee for Physician Health
Who Sits on the State Board for Professional Medical Conduct?
By law, the board has at least 18 physicians licensed in New York for five or more years, including two osteopathic physicians, and at least seven lay members. The health commissioner appoints most members, the Board of Regents appoints 20%, and terms last three years.
What Happens During an OPMC Investigation?
During an OPMC investigation, the OPMC will interview employees, patients, and co-workers of the physician who is being investigated regarding accusations of misconduct. The OPMC will question the physician in order to help decide if the physician is guilty of misconduct. There are a few possibilities that may occur if the physician is found guilty. The physician may receive a letter of reprimand, receive a censure letter of reprimand, face probation, or lose their medical license. Under Public Health Law § 230-a, penalties also include fines of up to $10,000 per charge, up to 500 hours of public service, and license limitations.
It is important that medical professionals who are facing OPMC investigations seek the guidance of a skilled medical malpractice attorney who has experience handling OPMC investigations.
Contact an Experienced New York OPMC & OPD Lawyer
If you are under investigation by the Office of Professional Medical Conduct, it is imperative to connect with an experienced New York attorney at Walker Medical Law. Our firm understands how complicated these matters can be to navigate, which is why we are committed to helping you through these difficult times. Contact us today to discuss your circumstances with a member of our firm.
