Provided by: Jennifer Kirschenbaum, Esq.
November 28, 2017
I live in CT and had an issue (DWI) that I dealt with. I went through the process with CT Board review last year. Now I received a letter from NY. NY's discipline offer is worse the CT. Now what?
Dr. S, you've been subject to the "ME TOO"' action. By maintaining a NY License, you are now being targeted by your other lincensure jurisdiction for a piece of the putative action. Any other jurisdiction you maintain a license will also likely initiate an investigation and action, so do not be surprised. Why wouldn't NY initiate when a fine is included in most penalties?
A "ME TOO" in NY often mirrors the penalty of the origin state, but not always. As with all legal documents, the devil is in the details. No consent order should be executed without review (and probably) negotiation by experienced counsel. Your license could be impacted here and also in other states based on your agreement.
As you point out, the NYS proposed order does not mirror CT - that happens. For a matter like this, I have to see it to give advice. Sometimes the penalties state by state are not the same. Sometimes misdemeanor classes are different, or different sentencing guidelines. Or, sometimes you get a state looking to just be more putative than another. It really goes case by case, investigator by investigator, sometimes.
Send it over and we'll take a look. Yes, you'll be on the clock for this one.