Last Updated on: 1st August 2023, 01:29 am

The practice of medicine is governed by many rules. All those who wish to enter the medical field must be prepared to abide by such rules. Medical professionals are subject to supervision by the state. In New York State, the Office of Professional Medical Conduct is a branch of the New York State Department of Health. This office is entrusted by the state investigate all complaints of medical misconduct. The office also holds disciplinary hearings and monitors the conduct of those members of the medical profession who may have been forced to surrender their medical license for a temporary period in the past. The office has broad powers. They can determine who can keep a medical license, who must surrender it for a period of time and who is forced to surrender this license completely. The loss of a medical license, even on a temporary basis, can be quite devastating.

A member of the medical profession in New York may be called upon to answer charges in front of this board. Their peers will judge their actions and determine what might happen to them should evidence of any form of criminal misconduct come to light. There are many possible penalties including the loss of a medical license and the right to practice medicine in New York State. Earning a medical license typically comes about after many years of hard work. A nursing or medical degree requires years of training and study. When this license is taken away, the person is not allowed to practice medicine. Those who cannot practice their profession face all sorts of difficulties. Even the temporary loss of a license can make it hard for people to regain their professional footing. This is one of many reasons why anyone who is facing this issue should be aware of what can happen.

Required Investigations

Complaints about a given person may be filed with this office. Once a complaint is made, the office is required by law to open up an investigation. Some claims may be immediately dismissed with no consequence. However, others may be go on for a time as the office believes there may evidence enough to continue. There are many steps that may be taken as part of this process. At the very least, the doctor will be notified in writing of the exact nature of the complaint against them. Investigators may call the physician and ask them to testify as to the specifics of the complaint.

Testifying in front of the Office of Professional Medical Conduct can be extremely stressful. A doctor may be accused of many types of misbehavior. They might be charged with operating under the influence of substances that make it hard for them to uphold the required medical standards of their profession. A doctor may also be accused of other types of misconduct including performing services that were not authorized by their patients or refusing to provide required services because of a patient’s membership in a legally protected class such as race or sex.

This office has a great deal of power over members of the medical profession. Members of the office can decide what evidence to bring out, what evidence to dismiss and what kind of questions the doctor may face when testifying under oath. Members of this organization can decide to immediately dismiss all charges as there’s no evidence to back them up or call upon the doctor’s staffers and other peers. They retain the right to ask the doctor to speak and the right to use all statements against that doctor.

An allegation of this kind is very serious. Even the potential appearance of misconduct can create long lasting issues for any doctor. This is why all those who are facing this office need to have the best possible legal counsel with them during this difficult time. A skilled attorney will walk them through the entire procedure and what may or may not happen. They will also lay out all of their options and help them decide what to say during any investigation. An attorney will also help the doctor realize what might happen if the allegations are considered proven. Working with an OPMC defense lawyer is imperative.