Reviewed by Paul E. Walker

When a medical professional finds themselves in a situation where they may be disciplined and are being investigated by the Office of Professional Medical Conduct (OPMC), there are a lot of potential consequences. If you have strong legal representation, they may be able to help you work towards allowing you to keep your license. There may be situations in which you only receive an administrative warning.

Why an Administrative Warning Is a Good Outcome

An administrative warning is one of the more ideal situations because you will be able to continue practicing medicine. You should know that you are not completely off the hook with an administrative warning. The issuance of an administrative warning is one of the best-case scenarios if the investigation against you finds that you were doing something wrong. These are issued for very minor offenses and do not technically count as being disciplined.

Who Finds Out About an Administrative Warning?

If you receive an administrative warning, it will not be posted on your physician’s profile through the New York State Department of Health, will not be reported to the National Practitioners Data Bank, will not be reported to the hospitals where the medical professional admits patients, and will not be reported to insurance companies and HMOs in which the physician participates. In addition, if the physician is asked under oath whether he or she has been disciplined, they will be able to say that they have not been disciplined in this instance unless they have been for another matter. If necessary, the Board will also confirm that the physician or other medical professional has not been disciplined in the event that someone inquires about this matter.

What Is an OPMC Administrative Warning?

An administrative warning is a confidential, non-disciplinary action. Under Public Health Law § 230(10)(m), the OPMC Director may issue this warning, with the concurrence of a majority of the Committee on professional conduct when there is substantial evidence that misconduct of a minor or technical nature has occurred, or of substandard performance that does not amount to misconduct.

The statute provides examples of what warrants a minor or technical violation: isolated violations that involve professional advertising or public record keeping, and other violations that do not directly impact or impair the health, welfare, or safety of the public.

What an Administrative Warning Is Not

  • It is not an adjudication of guilt and cannot be used as evidence that you committed the alleged misconduct.
  • It is not posted on your physician profile or the department’s website.
  • It is not reported to the National Practitioner Data Bank.
  • It is not reported to hospitals where you hold admitting privileges, or to insurers and HMOs where you participate.
  • If you are asked whether you have ever been disciplined, you can answer no.

One Important Limit

While the warning itself is confidential, it is not erased. If a similar allegation is raised against you in the future, the statute allows the matter to be reopened, and further proceedings may be instituted.

How an Administrative Warning Compares to Other Outcomes

A minor or technical violation may also be sent to a violations committee instead, which is a disciplinary action. This committee may issue a censure and reprimand, require up to 25 hours of public service, and a fine of up to $500 for each specific violation. Unlike an administrative warning, the outcome of this is public. For more information, please refer to our post on why you received a censure letter of reprimand.

How Cases Get Resolved This Way

An administrative warning is typically the product of preparation rather than luck. In two matters our firm handled, one involving a claim of sexual contact with a former patient and the other a claim of theft of supplies that had already cost the client a job, both ended in administrative warnings following an OPMC interview.

In each case, we reviewed every text message, email, and piece of correspondence in advance so the client knew exactly which facts helped and which did not. Not every matter ends this way, and prior results do not guarantee a similar outcome, but the preparation is what makes the difference between a confidential warning and a public disciplinary order.

Contact an Experienced New York OPMC Attorney

If you have received an administrative warning in New York, it’s important to understand that you do not have to face this matter alone. At Walker Medical Law, we understand that this process can be incredibly overwhelming. That is why it is in your best interest to connect with an experienced attorney at our firm. Contact us today to learn how we can represent you during these complex matters.