Law Offices of Douglas P. Mayer

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.

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