New York Dental License Defense Attorney
Office Of Professions Investigations & Hearings
Earning a dental license took you years and cost you substantial amount of money. Your dental practice and your livelihood depend on your licensure. A charge of professional misconduct, if not defended properly, may result in a dental license suspension, or permanently halt your ability to practice dentistry.
The Attorneys at Joseph Potashnik and Associates represent dentists in the New York metro area in all disciplinary matters involving allegations of professional misconduct, as well as in criminal matters.
Our dental license defense attorneys are skilled in laws and regulations that govern practice of dentistry in New York. We are also experienced criminal defense and appeals attorneys able to provide you with valuable expertise throughout the representation.
When Do You Need A Dental License Attorney In New York City
Dentistry in New York is controlled by several statutes and regulations, particularly Article 133 of New York Education Law. Professional misconduct of New York dentists is defined in Part 29 of Rules of the Board of Regents and section 6509 of New York Education Law.
Every dentist found to have committed professional misconduct is subject to discipline. In New York, the following are the common examples of professional misconduct:
- Being convicted of a crime
- Practicing fraudulently
- Practicing beyond the authorized scope of practice
- Practicing with gross incompetence or negligence
- Practicing while being intoxicated or impaired by alcohol, drugs, or mental disability
- Habitually using drugs
- Unlawful fee splitting
- Allowing professional duties to be performed by unauthorized persons
- Sexually or physically abusing patients
- Filing false reports
- Failing to maintain proper records
- Ordering excessive and unnecessary tests
A disciplinary process against a New York dentist may be triggered by filing of a complaint with the Regional Office of Professional Discipline (OPD) which will then investigate the complaint.
Attorney For Dentists – Criminal Matters
If a dentist is convicted of a crime or enters into certain plea agreements with the District Attorney?s Office, the state Department of Probation will notify the Department of Education of the case disposition and an investigation will be automatically initiated.
What Happens When the OPD Investigates New York Dentists
During the course of investigation, the dentist will be contacted by an OPD investigator. Although the Dental Licensee has a duty to cooperate with investigation, at this point it is absolutely crucial to consult with an attorney experienced with OPD actions before discussing the case with investigators. Any information obtained by the agency in the course of the investigation will become part of the investigative report, which is often extremely damaging to the licensee’s case and could cost you your dental license.
When contacted by an investigator concerning a misconduct matter, call our experienced New York dental license defense attorneys immediately. We will discuss the case with you and take over the handling of the matter. The same applies when you are under investigation by a law enforcement agency for any criminal activity.
Criminal conviction is in itself professional misconduct. Any information you provide will be used against you and make your defense more difficult. When approached by law enforcement investigators, insist on discussing the matter with an attorney before providing any information at all.
When a New York dentist is found guilty of committing professional misconduct, he or she will be subject to a disciplinary action that may include a reprimand, suspension, revocation, and maximum fines of up to $10,000 per charge. Medicaid, Medicare, and third-party parties such as hospitals and insurance companies may also bar participation or membership of dentists found guilty of professional misconduct or crime.
Our New York OPD defense attorneys have successfully represented numerous New York licensed dentists in disciplinary matters. Here are some of our representative cases:
- Represented a dentist accused by a former patient of negligence. The dentist was also accused of poor record keeping. The case was resolved by an administrative warning
- Represented a dentist charged with gross negligence that resulted in serious and permanent injury to a patient. The original offer of discipline was a one year suspension but we negotiated the penalty to a three months suspension.
- Defended several dentists in an insurance fraud case brought up by the NYS Attorney General. All cases were resolved by a non-criminal disposition.
Of course, each case is different and we cannot guarantee you similar results. However, we do guarantee that in our office you will find tireless and aggressive advocates who will pursue your case until the optimal outcome is reached….with the goal of keeping your dentists license.
If you are a New York dentist under investigation for unprofessional conduct or criminal activity, call our office immediately to set up a confidential consultation with a NY Dental License Defense Attorney.