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New York Physician Assistant License Defense Lawyer

Every Physician Assistant’s (PA) Awareness of OPMC Areas of Inquiry

Introduction

Every physician assistant (PA) must be aware of the menacing presence of the Office of Professional Medical Conduct (OPMC) areas of inquiry. What can OPMC investigate about their PA free-time activities in their own homes? Unfortunately, OPMC says as licensed professionals how PAs conduct their lives is at all times within OPMC purview.

The Reach of the OPMC

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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The OPMC has extensive regulatory powers. The New York State Department of Health says, “OPMC investigates complaints about physicians, physician assistants and specialist assistants and monitors practitioners who are subject to Orders of the State Board for Professional Medical Conduct.” The OPMC is the agency that imposes professional discipline upon PAs for misconduct.

Misconduct, however, as aggressively but vaguely defined by OPMC can be any type of inaccurate report or application, a mere accusation of criminal misconduct, substance use, an inappropriate prescription, marital or family difficulties, psychological problems, financial indiscretion, and any “inappropriate” behavior, relationships, or Internet postings. Potential areas of OPMC inquiry are indeterminate.

Professional Life

Every PA is subject to constant scrutiny. OPMC investigates not only complaints of negligence or malpractice but also employment matters of discrimination, termination, co-worker relations, alleged sexual harassment, hostile work environments, and the like. The scrutiny extends to nonclinical areas of academic study, secondary employment, or to any conduct allegedly “immoral” or “inappropriate” even during voluntary service.

Personal and Family Life

Use of alcohol with “inappropriate” behavior with no effect on any patient might set off an OPMC investigation. Any use of illegal drugs or improper use of legal drugs also might be cause for license revocation. A charge of driving while intoxicated is a quick referral to the OPMC. Failure to pay alimony or child support on time, subjection to a restraining order, and complaints of harassment or stalking all have been subject matters of OPMC investigations and actions.

The electronic age has increased the scope of OPMC investigations to cover “inappropriate” e-mails, texting, social website postings, and blogs. Bankruptcy, delinquency judgments, and student loan defaults may be evidence of misconduct in OPMC eyes.

All Aspects of Life

Essentially, the OPMC may investigate all aspects of a PA’s life for misconduct calling for disciplinary action. If another state medical disciplinary authority revokes a PA license or imposes any other discipline, OPMC will consider the New York PA license for reciprocal treatment. Dual relationships with patients or their family members, what the OPMC sees as “boundary violations,” have been deemed professional misconduct.

Constitutional Concerns

The United States Constitution guarantees basic due process protections to all citizens; nevertheless, OPMC has denied PAs their most basic constitutional rights. The OPMC argues that as licensees PAs must be subject to ethical standards higher than those for citizens generally to satisfy public safety demands for expeditious and comprehensive review. Any governmental system with incomplete checks and balances can rationalize a maximal number of PA license suspensions and revocations as necessary for public safety. The State of New York should reconsider and revise its flawed investigatory and disciplinary procedures and aim to protect the public without unconstitutional tactics and results. Failure to correct such abuses will continue to deprive New York PAs of constitutional due process rights.

Denial of Right to Counsel

The OPMC position is that it need not adhere to state and federal law on the right to counsel. OPMC routinely fails to advise targeted PAs of their right to assistance from attorneys. OPMC investigators on receipt of complaints misinform physicians of their right and authority to interview practice staff immediately. At this point, experienced counsel should be present to protect the PA’s right against involuntary self-incrimination, yet OPMC purposefully denies PAs under investigation access to counsel in accord with their constitutional rights.

Another clearly-settled legal right is that, after notice of representation personally or through counsel, there should be no further OPMC direct contact with the represented party without counsel’s presence or knowledge and assent. Some OPMC offices insist that without correspondence signed by the disciplinary respondent investigators will continue direct contacts with additional questioning about the facts at issue.

Denial of Right to Speedy Trial

There is no statute of limitations on OPMC investigations. PAs face the threat of investigation and legal action for matters that occur decades ago. OPMC recently pursued a PA on charges of misconduct allegedly occurring 13 years previously. Fundamental fairness demands a set time period after which PAs need not fear prosecutions for acts or omissions in the remote past unfairly difficult to defend. Evidence disappears, witness memories fade, and witnesses themselves disappear, leaving the PA under investigation unable to recall for defense details of the course of patient care.

Moreover, as a matter of public policy there is no rationale for extending a physician’s exposure to administrative punishment beyond that to civil liability for medical malpractice. If a patient must pursue a right to legal redress within a specific period of time, there is no need to extend that period for disciplinary action against the treating PA.

Right to Discovery of Evidence

The OPMC may retrieve medical records from the office of the PA under investigation, from hospitals, or from previous medical employers without the PA’s knowledge or consent. If the hospital or former employer denies the PA access to the records, there remains no way for the PA to review the records before the fact-finding interview except by access to those obtained by the OPMC.

No PA can participate fairly in the OPMC fact-finding interview process without copies of pertinent medical records or a reasonable opportunity to review them well in advance of any fact-finding proceeding. The OPMC, however, provides the PA merely a supervised records review, severely limiting the right to review of the events in question. Some cases cover many days, even months, of care and treatment with patient charts hundreds of pages long with many diagnostic test results. Adequate review of such cases is impossible in a single short session. OPMC must provide every PA under investigation with a complete copy of all records to which the PA lacks independent access.

Right to an Impartial Hearing

There is an actual need for separation between OPMC and the administrative law judges who preside over medical disciplinary cases. In Troy as a case in point, the judges and the OPMC share office space in an environment that encourages ex parte communications. Such separation is a necessary confirmation of an independent and objective judiciary.

Additional administrative process reform measures should include

  • Promulgation of policies and procedures for assignment of judges and hearing panel members to particular cases.
  • Judicial authority to order pre-hearing and intra-hearing discovery.
  • Formal recognition of the fundamental OPMC obligation to produce exculpatory evidence.
  • Establishment of OPMC burden of proof by clear and convincing, not mere preponderance of, evidence.
  • A clear definition of “moral unfitness” * or removal of the term from the statute.

Conclusions

OPMC takes the position that the State of New York bestows upon the PA not an earned constitutional right but an official privilege to practice medicine subject to OPMC oversight into any area of professional or personal life. OPMC sanctions range from warnings to permanent license revocations.

Far too few PAs are aware of the gross inequities that would befall them as OPMC targets. Increased awareness may bring in increased involvement. With the support of organized medicine, physicians and PAs can make the OPMC process fair to both the complainants and respondents.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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