LICENSURE INVESTIGATIONS/BOARD ACTIONS
If you have a license to practice your profession in New York, and you receive a notice or other contact from the Office of Professional Medical Conduct (OPMC) or the Office of Professional Discipline (OPD), it is imperative that you consult an attorney. The OPMC is a division of the New York State Department of Health, and it is charged with investigating complaints made against Medical Doctors and Physician Assistants. Within the Department of Education, the OPD has a similar mandate for investigating most every other licensed professional.
Investigations by these agencies can result in professional discipline including license suspension and even revocation. You have a right to assistance from an attorney throughout the course of an investigation. Most professional liability policies include coverage that will pay for your legal fees and expenses. You should not participate in one of these interviews without an attorney experienced in such proceedings. Our team can help.
All health care professionals who possess a DEA certificate to prescribe controlled substances, and all pharmacists who are licensed to fill those prescriptions, are subject to possible administrative investigation by the DEA. The first time you may learn that you are the subject of an investigation could be when the agents show up at your office unannounced. Many health care professionals feel they have no choice but to submit to an interview without prior notice, opportunity to prepare, or even the assistance of legal counsel. That belief is as dangerous as it is erroneous. You have a right to have an attorney present whenever you speak to DEA and other federal law enforcement agents, and you should avail yourself of that right. Statements made to DEA agents can be used against you in administrative and/or criminal proceedings. In addition, making a false statement to a federal agent is a felony, so it is critical that you have the benefit of legal counsel and careful preparation before speaking to federal agents.