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Long Island physician assistant license defense lawyers

It is imperative that all physician assistants (PAs) gain familiarity with the Office of Professional Medical Conduct (OPMC), including what they are responsible for investigating. Within the purview of the OPMC are the many actions of PAs. As licensed professionals, this includes what happens in a PAs personal and professional life.

Role of the OPMC

The regulatory powers of the OPMC are extensive and include investigating complaints about physicians, PAs and specialist assistants. They also monitor practitioners that must comply with Orders of the State Board for Professional Medical Conduct. When misconduct is found, the OPMC is responsible for disciplining PAs.

PA misconduct is vaguely defined, yet aggressively disciplined by the OPMC. Misconduct can include anything considered to be an inaccurate application or report. It can also be an accusation of misconduct that is criminal in nature, substance use, family or marital difficulties, an inappropriate prescription, financial indiscretion, psychological issues, inappropriate behavior, postings on the Internet or relationship issues. Potential matters of misconduct are wide-ranging.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Professional Activities

All PAs should expect ongoing scrutiny by the OPMC as they investigate complaints of malpractice and negligence. They also investigate employment issues related to termination, discrimination, alleged sexual harassment, colleague relationships and a hostile work environment, among others. Scrutiny by the OPMC can include areas that are nonclinical in nature, such as secondary employment, academic study, immoral conduct or inappropriate behavior, even if it occurs while serving in a voluntary capacity.

Personal Life

Using alcohol in a manner that causes “inappropriate” behavior can result in an OPMC investigation, even if it did not have an impact on a patient. The same applies to the improper use of legal drugs or the use of illegal drugs. A PA that is found to be intoxicated while driving will likely be investigated by the OPMC. Failing to pay child support or alimony in a timely manner, being subjected to a restraining order, or receiving a complaint of stalking or harassment can result in an OPMC investigation and subsequent action.

The prevalence of technology has expanded the scope of investigations by the OPMC to include “inappropriate” actions related to texting, e-mail messages, blog entries and social media posts. Other personal matters that might be considered misconduct and result in an OPMC investigation include delinquency judgments, bankruptcy and defaulting on a student loan.

All Facets of Life

The OPMC has the right to investigate all facets of a PAs life when an issue of misconduct arises that calls for discipline. In the event that a Long Island PA’s license is the subject of misconduct and a disciplinary authority from another state revokes their license, the OPMC will consider an equivalent action in New York. It is possible that “boundary violations” will be considered professional misconduct.

Constitutional Matters

Despite due process protections offered to all citizens by the Constitution of the United States, PAs are denied these rights. According to the OPMC, PAs must comply with ethical standards that are higher than that of citizens. They believe this is part of the checks and balances required for public safety. This has caused PAs in New York to be deprived of their constitutional right to due process. The current manner in which PAs are investigated and disciplined is flawed and unconstitutional.

Denial of Right to Counsel

The OPMC consistently does not inform PAs of their right to counsel, despite state and federal laws. Upon receiving complaints, the OPMC misinforms PAs of their right to obtain legal assistance. An experienced attorney should be obtained to protect the rights of the PA that is being investigated. This can prevent involuntary self-incrimination. PAs have the right to direct the OPMC to their attorney and have no further direct contact. Some OPMC investigators provide inaccurate information regarding the need for respondents to sign correspondence.

Evidence Disclosure

PAs may be unable to review medical records obtained by the OPMC prior to their fact-finding interview. This may happen when a former employer denies access to those files. This issue makes the fact-finding interview process unfair.

Denial of a Speedy Trial

OPMC investigations have no statute of limitations, which means a PA can be investigated for an issue that occurred many years ago. This is beyond what is fundamentally fair. There are instances when evidence is no longer available and witnesses disappear or forget events. It’s also possible for the PA to forget the details of what occurred. Extending a PAs exposure to administrative punishment indefinitely is irrational.

Conclusion

The OPMC asserts that PAs are privileged to practice medicine under the oversight of the OPMC. A PAs personal and professional life is subject to investigations that can result in wide-ranging sanctions, up to license revocation. PAs can and should support efforts to make OPMC processes fair for all parties involved.

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