The New York State Department of Health, Office of Professional Medical Conduct (“OPMC” for short), is responsible for investigating complaints against and disciplining doctors, physician’s assistants, and unlicensed and licensed medical residents. The New York State Department of Education, Office of Professional Discipline (“OPD” for [...]

An investigation often arises when OPMC or OPD receives a complaint. Complaints may be submitted by current or former patients, current or former clients, your employer, or even a colleague. In fact, professionals have an affirmative duty to report colleagues who reasonably appear to be [...]

Professional misconduct includes but may not be limited to: Engaging in acts of gross incompetence or gross negligence on a single occasion, or negligence or incompetence on more than one occasion. Permitting or aiding an unlicensed person to perform activities requiring a license. Refusing a [...]

First, you should always open each letter or email communication received from a disciplinary agency. Ignoring communications can be considered misconduct in and of itself and failing to respond to the communication could result in a default judgment against you. Most importantly however, if you [...]

Every matter has a unique set of facts that make every resolution different. Your attorney may try and negotiate a mutually agreeable resolution before the need for any formal hearing. Potential penalties can include agreeing to attend a remedial program, such as an ethics course [...]

A professional misconduct hearing is much like a trial, where witnesses will be called and questioned, cross-examination of the witnesses occurs, subpoenas can be issued, and evidence will be presented. An Administrative Hearing Officer, who is an attorney admitted to practice in New York will [...]

Yes. Even if you have made mistakes in the past, it may still be possible for you to obtain a professional license in New York. These decisions are often made on a case by case basis. An attorney can help you through the application process [...]

When you apply for a license or to renew a license, you will be required to answer questions regarding criminal convictions, pending criminal charges, prior professional discipline, or currently pending professional discipline. It is important to be honest. If you are not sure whether something [...]

The question of past professional discipline may arise on job applications or in applications for a professional license in another state. In some states, if you have been subject to professional discipline or a crime in another state you must self-disclose this information proactively to [...]