Provided by: Jennifer Kirschenbaum, Esq.
April 18, 2019
Question
Hi Jennifer,
The information you are helping me present to OPMC, will the complainant get a copy? I do not want to share my perspective with the patient, but think it is important to share with OPMC.
Thank you,
Dr. F
Answer
Understood. Its not unusual for there to be information that may work to exonerate you with OPMC, which is the licensing enforcement arm of DOH in New York for medical practitioners (similar to OPD), that you would not want shared with patients or other individuals that may have placed a complaint. Thankfully, NYS legislature has worked to protect confidentiality in an OPMC proceeding by passing a law stating the files of OPMC are confidential - But, that doesn't mean information you pass along may not make its way out. If you are charged with misconduct, the Settlements are public - inclusive of fact patterns giving rise to the charges. So, information you disclose may make its way into the settlement. Be guided accordingly...
S. 230-a. 10. of the Public Health Law states - "(v) The files of the office of professional medical conduct relating to the investigation of possible instances of professional misconduct shall be confidential and not subject to disclosure at the request of any person, except as provided by law in a pending disciplinary action or proceeding. The provisions of this paragraph shall not prevent the office from sharing information concerning investigations within the department and, pursuant to subpoena, with other duly authorized public agencies responsible for professional regulation or criminal prosecution."
