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OPMC and OPD License Defense FAQs

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OPMC and OPD License Defense Lawyers Guiding You Through Every Step

Our lawyers are available to represent Doctors, Physician’s Assistants, and other healthcare professionals and medical practices throughout New York State. Partner Jordan Fensterman is involved in all aspects of the medical license defense process.

We are ready to serve you with 5 locations throughout NY, including NYC, Manhattan Long Island, Brooklyn, White Plains, Rochester & Albany.

For further information about OPMC and OPD actions, please call 516-328-2300. 

OPMC and OPD License Defense FAQs

  • What is the Office of Professional Medical Conduct (“OPMC”)?

    OPMC is a branch of the New York State Department of Health that is responsible for investigating and prosecuting complaints brought against physicians and physicians assistants.

  • What is the Office of Professional Discipline (“OPD”)?

    OPD is a branch of the New York State Department of Education that is responsible for investigating and prosecuting complaints brought against over fifty licensees in New York.

  • How to Manage OPMC / OPD Investigations

    When medical professionals become subjects of investigations or actions with the Office of Professional Medical Conduct (OPMC), it is crucial for them to contact an attorney. When nurses, pharmacists, podiatrists, chiropractors and many other licensees become the subject of investigations or actions with the Office of Professional Discipline (OPD), it is critical for them to contact an attorney.


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  • Who can make a complaint to OPMC or OPD?

    Short answer: Anyone. Disgruntled patients or clients, family members of patients or clients, insurance companies, disgruntled current or former employees, jealous competitors, hospitals, and state agencies are the most frequent sources of OPMC complaints. OPMC also monitors malpractice settlements and news sources for potential professional misconduct.

  • How many complaints must be made before OPMC or OPD begins an investigation?

    One. A single complaint will trigger a surface level analysis of the situation in question. Under the law, the OPMC and OPD are required to look into each and every complaint that is filed.

  • Who are the people at OPMC and OPD who investigate complaints?

    OPMC investigators are generally healthcare professionals such as registered nurses or individuals with investigatory backgrounds such as former police officers and insurance investigators. OPD investigators are generally individuals with backgrounds working for other State agencies conducting audits and/or investigating conduct.

  • What To Know About OPMC and OPD Penalties

    What penalties may be imposed against a physician or physicians assistant if OPMC determines that he is guilty of professional misconduct? What penalties may be imposed against nurses, dentists, pharmacists and other licensee’s if OPD determines they are guilty of professional misconduct?


    For OPMC, in the least severe cases (where the violation is deemed to be "minor" or "technical" in nature), the penalty may be as small as an Administrative Warning (i.e., a non-disciplinary notice which outlines the problems that have been found and recommendations for a remedial course of action). An administrative warning is not discoverable by others and is not published anywhere online.

     
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  • If I am found guilty of professional misconduct by a Hearing Committee in an OPMC or OPD matter, am I out of options at that point?

    No. After a Hearing Committee determination is handed down, a practitioner or licensee may appeal to the Administrative Review Board. An unsatisfied practitioner may thereafter appeal that determination to the New York State Courts. However, a practitioner may only appeal to the NYS Courts after all of his administrative remedies have been exhausted.

  • I have been asked by OPMC or OPD to come in for an interview. In OPMC they informed me the interview would be with their investigator and their medical coordinator. Am I obligated to attend the interview?

    NO, you are not required to go for an interview with an OPMC or OPD investigator. OPMC is required under the law to allow you the opportunity to be interviewed prior to moving forward with an investigation. In contrast, OPD is not required to offer the licensee an opportunity to interview. In a majority of circumstances, going to the interview is recommended as long as you are fully prepared in advance. However, prior to making this very important decision, consulting with an attorney knowledgeable in the OPMC or OPD process is highly recommended. One wrong statement during any interview can cause tremendous problems for a licensee.

  • If I am found guilty of committing professional misconduct, will this be publicized?

    ​YES. If you are found guilty of any OPMC / OPD professional misconduct, information will appear in the National Practitioner Data Bank (applicable to doctors only and viewable by only medical professionals), on the New York State Physician Profile (doctors only and viewable by the entire public) and will be posted on the OPMC or OPD websites. The information will also be reported to other licensing agencies, accrediting agencies, employers, Hospitals, HMOs, Specialty Certification Boards, and others. Physicians are also required to report findings of misconduct on their NYS Physician Profile.

  • Does a physician having an agreement or contract with a discount deal website such as Groupon, Social Living, etc., constitute a professional misconduct according to the Office of Professional Medical Conduct?

    Maybe. New York State Education Law Article 131-A Section 6531 states in part that a physician may have their license revoked, suspended, annulled, or be subject to other penalties if they "...directly or indirectly requested, received or participated in the transference, assignment, rebate, splitting, or refunding of a fee for, or has directly requested, received or profited by means of a credit or other valuable consideration as a commission, discount or gratuity, in connection with the furnishing of professional care or service...".

    The agreements with the websites described above may or may not constitute professional misconduct pursuant to above referenced section depending upon the specific language and provisions of each agreement. Certain arrangements are permissible. Attorney Jordan Fensterman on behalf of certain physician clients worked closely with those in power in OPMC around 2010 to facilitate agreeable arrangements for physicians that would be permissible to enter in to with discount deal websites. The specifics of the allowable language discussed during those conversations helped shape the framework that went into place for how physicians can enter in to these arrangements.

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