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

When it comes to your professional license, there is perhaps nothing that you hold more scared. The years of sacrifice that went into earning it says something about your character. It is also the one document that adds validity to what you do. It gives you permission to practice in your field throughout the state of New York, serving clients in your chosen profession. Needless to say, your license defines who are you are as a professional. That is why it is always an emotionally troubling experience to find out that you are the subject of a professional misconduct inquiry. At the same time, it is important that you understand the severity of such charges. In addition to other reprimands that could result, it is possible that your license will be taken away. This is why you will want a NY OPD defense lawyer ready to defend you from day one.

What Prompts An Investigation?

To better understand the function of the New York State Education Department’s Office of Professional Discipline (OPD), it is first necessary to know what prompts an investigation. It seems that well-intended professionals today are constantly being questioned about the integrity of their work. In many cases, those charges completely lack foundation. However, there are instances where the charges do have merit and need to result in disciplinary action. It is as a result of this that the OPD must investigate any accusation of misconduct levied against a professional who has been granted a license to practice in a particular field in the state of New York.

Some of the more commonly cited charges that the OPD in New York may investigate include the following:

• Suspected of being under the influence of drugs or alcohol during the performance of professional duties
• Violation any part of HIPAA
• Engaging in sexual misconduct while on the job
• Being suspected of some level of insurance fraud
• Performing a duty that is outside the scope of the license that has been granted
• Allowing someone to perform a duty without a license when one is required
• Failure to maintain necessary records and documentation
• Having a criminal conviction
• Accused of gross incompetence
• Accused of gross negligence

How Are You Notified?

You might wonder how you even find out that you have been accused of some form of professional misconduct in the first place. The first indication that you will likely have is when you receive an official letter from the OPD. You will not want to ignore this letter, even though your first inclination may be to do so. You will also want to begin fighting the charges right away, but it is best to take a deep breath and call a professional and experienced defense lawyer.

Once you receive that letter, you will need to respond in some way. In some cases, this will be a simple acknowledgment. In order cases, you may be asked to turn over some documents or other requested information. It is necessary for you to do so, so it is in your best interest to go ahead and comply. However, you do not have to speak to the OPD. Do not grant any request for an interview without speaking to an attorney first. You might feel that you have nothing to hide, and you may want to do everything you can to quickly clear your name, but there is a set process you need to follow first.

Why Do You Need a Lawyer

Facing an investigation by the Office of Professional Discipline is serious. Actions taken by this panel could be to reject the charges against you as being baseless, but it could also involve your license being rescinded. This is a fight for your professional career. You will want a lawyer guiding you through the entire process. You will have questions. Your attorney can answer each of those questions and represent you in front of a hearing, should there be one.

If you have received a letter informing you that you are under investigation by the OPD, do not delay in contacting our office for legal representation.