Provided by: Jennifer Kirschenbaum, Esq.
September 12, 2017
Question:
Jennifer,
I just received a notice from the NYS Office of Professional Medical Conduct, requesting that I submit to an interview what should I do?
Thanks, Dr. P
Answer:
As many New York practitioners are aware, when contacted by the respective professional misconduct authority (OPMC or OPD in NY), an interview is often offered immediately - and billed positively as "an opportunity" for the practitioner to meet face to face with the agency and discuss why an investigation is open - basic information of what is under review is typically provided in advance.
A major concern with submitting to an interview is actually the informality of the setting and the broad purview of the reviewing agency. The licensing division investigating misconduct at the State level is, for each state, granted broad ranging authority and discretion to investigate, and also to charge licensee's with misconduct where the ramifications may possibly be loss of licensure, or even referral for criminal prosecution. Marching in for an interview without performing due diligence on what is under review, and also arming yourself with protections is quite possibly the worst decision a licensee can make. Also, whether or not to attend is absolutely a case-by-case decision.
Example - review of a case where there are many professional witnesses backing up services might be an example where we would counsel we can present a compelling argument for closure without interview submission v. isolated treatment resulting in complaint where no witnesses or support available and more of a "he said, she said". In either case, do not engage with OPMC or OPD directly; engage experienced counsel and a firm that will have your best interest and license at heart. Anyone looking to trot you in a first course or lunch for an investigator without proper assessment and options presented it not someone you want to work with.
For immediate assistance with OPMC or OPD or Board of Medical Conduct - call meor Michael Foster, Esq. as soon as you receive notice.
We are on the MLMIC and PRI approved counsel list, as well as other specialty insurers throughout the country. That means you may not have to pay us (assuming you have coverage).
