Law Offices of Douglas P. Mayer | Nassau County | Long Island | New York
Professional License Defense
The Office of
Professional Discipline (OPD) investigates allegations of misconduct across a
wide range of professions in New York State, which include Registered Nurses,
Licensed Practical Nurses, as well as several other health care specialties. The
Office of Professional Medical Conduct investigates allegations of misconduct
against physicians, physician assistants and specialist assistants.
The Law Office of Douglas P. Mayer offers zealous advocacy to licensed professionals through every step of the OPD investigative process. From initial inquiries and investigations to hearings and beyond, Mr. Mayer stands by his clients to help minimize the risk of severe penalties such as revocation of their professional license. Mr. Mayer has successfully represented many New York nurses in all disciplinary matters before the Department of Education, Office of Professional Discipline (OPD) and the Department of Health involving allegations of professional misconduct, as well in criminal matters.
In New York, the NYS Education Department’s Office of the Profession Discipline (OPD) investigates and prosecutes professional misconduct of nurses. The Board of Regents, on the other hand, is responsible for the final disposition of all disciplinary matters.
A
nurse practicing in New York may be found to have committed professional
misconduct for any of the following:
- Being convicted of a crime;
- Practicing fraudulently;
- Practicing beyond the authorized scope of practice;
- Practicing with gross incompetence or negligence;
- Practicing while being intoxicated or impaired by alcohol, drugs, or mental disability;
- Habitually using drugs;
- Unlawful fee splitting;
- Allowing professional duties to be performed by unauthorized persons;
- Sexually or physically abusing patients;
- Filing false reports;
- Failing to maintain proper records;
In
addition to complaints made by patients and their families, visitors, and even
your employer for any of the preceding infractions, if a nurse is arrested for
an unrelated crime and after a criminal conviction, the state Department of
Probation will notify the Department of Education of the case disposition and
the matter will be further investigated by the OPD. The licensee may be
contacted by an investigator who may request documents or insist on a personal
interview.
Therefore,
it is crucial to seek legal consultation with an attorney before speaking with
an OPD investigator. The investigative report, which is often extremely
damaging to the licensee’s case, becomes part of the prosecuting attorney’s decision-making
process as whether to proceed with the case or find the complaint "unfounded”
against the licensee.
The
same applies when you are under investigation by a law enforcement agency for
any criminal activity. Voluntary statements, confessions, and admissions will
not alleviate your plight but will only make it more difficult. When approached
by law enforcement investigators, insist on discussing the matter with an
attorney before providing any information at all.