The Office of Professional Discipline (OPD), which is part of the New York State Department of Education, investigates and prosecutes complaints brought against a broad range of professional license holders in New York State. These do not include physicians, physician assistants, and specialist assistants, who are covered by the Office of Professional Medical Conduct (OPMC) (link to other practice page). However, the OPD enforces discipline against many other categories of healthcare professionals, as well as many non-healthcare professionals.
Disciplinary action taken by the OPD can include revocation of the practitioner’s license, suspension or limitation of the license, probation, fines, censure and reprimand, continuing education classes, and community service. If you are found guilty of professional misconduct, the agency will make this information accessible to the public.
Given the OPD’s power to take away your license and the considerable damage that a disciplinary record could do to your professional reputation, an OPD investigation is a cause for concern. If you are notified that you are under investigation, immediately consult an attorney with experience representing licensed professionals before the OPD, to ensure your defense is well-prepared and your rights are protected.
At Schwartz, Conroy and Hack, we represent dentists, mental health practitioners, nurses, pharmacists, chiropractors, physical therapists, occupational therapists, podiatrists, acupuncturists, veterinarians, and other professionals in OPD investigations, disciplinary hearings, and appeals across a broad range of matters, including:
- Negligence or incompetence
- Impairment from alcohol or drugs
- Impairment from physical or mental disability
- Being convicted of a crime
- Practicing fraudulently
- Practicing beyond the profession’s authorized scope
- Failing to appropriately supervise persons who are authorized to practice only under the supervision of a licensed professional
- Unauthorized release of a patient’s personal information
- Guaranteeing that a cure will result from your services
- And many others
To conduct its investigation, the OPD may ask you to provide records that are relevant to the complaint. Your submission is subject to rules regarding timeliness and completeness, and failure to respond properly may result in additional penalties. The OPD may also request that you sit for an interview, which is generally voluntary. While the information you present at the interview may serve to exonerate you, it could have the opposite effect. Therefore, we strategize with our clients about whether it is in their best interest to participate in an OPD interview and, if they do participate, we represent them at the interview.
After these preliminary phases, the investigation may be closed, or it may proceed to an informal settlement conference, at which the OPD presents its case and we present arguments on behalf of our client. A Board of Regents member hears both sides and determines what they believe would be an appropriate settlement. You then have a short period of time to decide if you want to accept the settlement or proceed to a formal disciplinary hearing.
The vast majority of time, we are able to resolve OPD investigations without any charges being filed. When charges are filed, we are often able to successfully challenge the position of the agency or negotiate a resolution in which some measure of discipline is imposed, but less than what the agency was seeking. For instance, in cases where the state is seeking to temporarily suspend your license, we may be able to get this penalty reduced to a censure and reprimand.
If you are being investigated by the OPD, we are here to help you. We have the experience and expertise to protect your rights and defend you and your practice. Contact Schwartz, Conroy & Hack.