New York Medical License Defense Attorney
Our firm is one of the very few New York law firms that focus on defending physicians and physician’s assistants in criminal and professional licensing matters with the Office of Professional Medical Conduct (OPMC). In fact, defending New York physicians is one of our primary practice areas.
Attending and graduating from medical school, surviving medical residency, and keeping up with rigid everyday requirements of a medical practice are all remarkable achievements that only few accomplish. Being a practicing physician is definitely a matter of special pride for you and your family. Your practice, your livelihood, and your social standing all depend on your medical license. This is why when your medical license is in jeopardy, it is so essential to seek an experienced New York medical license defense attorney to represent you.
What is Professional Medical Misconduct in New York
In New York, the NY Education law Section 6530 sets forth the list of actions considered professional medical misconduct. This is not a full list but the most common issues for which result on physician’s discipline in New York.
Obtaining the license fraudulently;
Practicing the profession fraudulently or beyond its authorized scope;
Practicing the profession while impaired by alcohol, drugs, physical disability, or mental disability;
Alcohol and drug abuse
Practicing with a psychiatric condition which impairs the licensee’s ability to practice;
Being convicted of a crime or improper professional practice or professional misconduct by another state, or being disciplined by another state;
Permitting or helping an unlicensed person to perform activities requiring a license;
Practicing the profession while the license is suspended or inactive
Kick backs for patient referrals
Illegal fee splitting
Moral unfitness to practice medicine;
Making false statements or reports or failing to file a report required by law or by the department of health or the education department,
Performing unauthorized professional services
Failing to respond within thirty days to written communications from the department of health and to make available any relevant records withÂ Â respect to an inquiry or complaint about the licensee’s professional misconduct
Failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient
Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensee
Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient
OPMC Investigations in New York – what to do
Many factors may trigger an investigation and a disciplinary action that could cost you loss of your medical license. Both New York statutes define numerous actions that are considered professional misconduct. If a medical doctor is found to have committed professional misconduct, which includes being convicted of a crime, the licensing agency, at the request of the OPMC will surely take a disciplinary action that is likely to effectively restrict or terminate your practice.
No disciplinary action takes place without a prior investigation. If you know that you are under investigation by a state administrative or law enforcement agency, there are two options open to you. You may handle the situation yourself or you may exercise your rights and seek legal counsel.
Remember, however, that lawyers do not practice medicine and physicians should not be practicing law. If you attempt to resolve the issue without an experienced NY medical defense attorney, hoping that voluntary cooperation will make the problems disappear, you are wrong. Any information obtained during the investigation will become part of the OPMC investigative report and will be used against you. You may substantially complicate your case if you try to handle it yourself.
We recommend that physicians never discuss any details of their cases with anyone, especially the OPMC investigators. If you receive a letter from the OPMC informing you that you are subject to an investigation, you have a duty to comply with any document requests but you have no duty to make any statements with the investigators. You should contact our office right away when you receive the OPMC letter prior to contacting the investigator.
Criminal Defense of New York Physicians
Attorneys with the criminal defense group of Joseph Potashnik & Associates PC are experts on providing the most effective defense to physicians accused of criminal activities in state and federal courts. Most of our physicians clients face charges related to healthcare fraud such as Medicare fraud, Medicaid fraud, private insurance fraud, and no-fault fraud. We also represent physicians charged with diversion of narcotics, drunk driving, and sex crimes. We have extensive working experience dealing with just about any law enforcement agency involved in prosecution of doctors in New York including:
• The Inspector General
• The FBI
• District Attorney’s Office
• Medicaid Fraud Control Unit of the Attorney General’s Office
• The DEA
If you are facing criminal charges in any court or if you are a target of a criminal investigation you need a defense attorney who understand the nuances of medical practice as well as the criminal justice system. Contact Joseph Potashnik and Associates today to discuss your case.
READ MORE: Physicians under government investigations