Tenacious, Proactive Representation for Medical Professionals Targeted by the OPMC.

The Office of Professional Medical Conduct (OPMC), which is part of the New York State Department of Health, accepts and investigates complaints about the alleged misconduct of physicians, physician assistants, and specialist assistants and determines whether to take disciplinary action against these professionals. Disciplinary action 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. The agency also makes practitioners’ disciplinary records publicly accessible on its website. 

Given the OPMC’s power to revoke your license and the significant harm that a disciplinary record can have on your professional reputation, a notice of an investigation must be taken seriously. If you learn you are under investigation, immediately consult an attorney with experience representing healthcare practitioners before the OPMC.

At Schwartz, Conroy and Hack, we represent physicians, physician assistants, and specialist assistants in OPMC investigations, disciplinary hearings, and appeals across a broad range of matters, including:

• Gross negligence
• Gross incompetence
• Impairment from alcohol or drugs
• Impairment from physical or mental disability
• Practicing fraudulently
• Refusing to provide service because of the patient’s race, creed, or other protected characteristic
• Neglecting a patient in need of immediate care
• Ordering excessive tests or treatments
• And more

To conduct its investigation, the OPMC may ask you to provide all records relating to the relevant patient or patients. Your submission is subject to rules regarding timeliness and completeness, and failure to respond properly may result in additional penalties and discipline.

The OPMC may also request that you sit for an interview, which is generally voluntary. The interview allows you to give your side of the story and, in some cases, may convince the OPMC that no charges are warranted. In other cases, however, information you share during the interview may lead to charges. Therefore, whether it is advisable to participate in an OPMC interview must be carefully weighed on a case-by-case basis. Further, you should never be interviewed by the OPMC without an attorney present.  

In the vast majority of cases, the OPMC will close its investigation 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 state was seeking. For instance, in cases where the state is seeking a revocation of your license, we may be able to negotiate a temporary suspension. Or we may be able to get a suspension reduced to a censure and reprimand.

If you are being investigated by the OPMC, 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.