OPMC Reporter
Summer 2012 / Volume 1, Issue 3
Provided to MSSNY by Kern Augustine Conroy & Schoppmann, P.C.

 

The Office of Professional Medical Conduct (“OPMC”) is the investigative and prosecutorial agency charged with bringing actions against the physicians in the state of New York. By bringing these actions to the forefront, it is hoped that awareness will aid physicians in the risk management of their practice and the protection of their license to practice medicine.

  • Habitual Use of Alcohol
    License suspension for three years, stayed with probation for five years. The physician did not contest the charge of being a habitual user of alcohol.
  • Convicted in the United State District Court, Southern District of Florida for Money Laundering and Disciplined by the Florida State Board of Medicine for Prescribing Excessive and Inappropriate Controlled Substances
    Pursuant to New York State Public Health Law Section 230(12)(b), the physician may not practice medicine in New York State or in any other jurisdiction where his practice is predicated on holding a valid New York State medical license. This order remains in effect until the conclusion of the New York State Board for Professional Medical Conduct hearing proceedings. The physician is charged with having been convicted in the United States District Court, Southern District of Florida of conspiring to commit money laundering and for having been disciplined by the Florida State Board of Medicine for prescribing excessive and inappropriate amounts of controlled substances to five patients.
  • Disciplined by the Massachusetts State Board of Registration for Inappropriate Boundaries with a Patient and Failing to Maintain Accurate Patient Records
    The physician did not contest the charge of having been disciplined by the Massachusetts State Board of Registration for failing to manage appropriate boundaries with a female patient and failing to maintain accurate patient records. The physician surrendered his license.
  • One or More Charges of Negligence, Being a Habitual User and Having a Psychiatric Condition Impairing Ability to Practice Medicine
    License suspension for three years, stayed with probation for five years. The physician asserted that he could not successfully defend against at least one of the charges of negligence on more than one occasion; being a habitual user or having a psychiatric condition which impaired his ability to practice medicine and failing to maintain accurate patient records. While on probation the physician shall only practice medicine when his practice is being supervised by a licensed; board certified physician in an appropriate specialty and he is being monitored by qualified health care professional monitors.
  • Disseminating Indecent Material to Minors
    License revocation. The Hearing Committee sustained the charge finding the physician guilty of having been convicted in the County Court, Westchester, New York of attempting to disseminate indecent material to minors. Previously the physician had agreed not to engage in the practice of medicine in New York State until the final disposition of the current investigation being conducted by the Office of Professional Medical Conduct.
  • Patient Abuse, Moral Unfitness and Failing to Maintain Adequate Patient Records
    License suspension for three years, stayed with probation for two years. The physician has a permanent license limitation requiring him to have a chaperone present when treating female patients. The Hearing Committee sustained the charges finding the physician guilty of patient abuse; moral unfitness and failing to maintain adequate patient records. The physician has a permanent license limitation requiring him to have a chaperone present when treating female patients.
  • Failing to Use Accepted Infection Control Practices
    Indefinite suspension until such time the physician satisfies the conditions and remediation requirements contained in the order. When the suspension has been lifted, the physician will be placed on probation for three years. The Review Board affirmed the Hearing Committee's determination of November 16, 2011 finding the physician guilty of failing to use accepted infection control practices. The Review Board modified the penalty placing the physician on probation for three years once the suspension has been lifted. Previously on July 14, 2011 the physician's New York State license was summarily suspended by the New York State Commissioner of Health. While on probation the physician may only practice medicine when his practice is being monitored by a licensed physician; board certified in an appropriate specialty.
  • Violation of Article 33 of the Public Health Law Involving Controlled Substances, Negligence and Failing to Maintain Accurate Patient Records
    Probation for five years and the physician is permanently restricted from prescribing medications for family members. The physician must submit to a psychiatric evaluation within thirty days of the effective date of the order and complete any course of treatment and therapy deemed necessary. The Hearing Committee sustained the charges finding the physician guilty of having violated Article 33 of the Public Health Law; negligence on more than one occasion; gross negligence and failing to maintain accurate patient records. The physician is permanently restricted from prescribing medications for family members. During the period of probation the physician may only practice medicine; when his practice is being monitored by a physician board certified in an appropriate specialty.

Increased awareness will hopefully result in an increased willingness among physicians to take action to make the OPMC process fair to both the complainants and the physicians. A fair and just disciplinary system should be a goal that no one can, or should argue or work against. Any questions call Kern Augustine Conroy & Schoppmann, P.C. at 800-445-0954, or email at info@DrLaw.com.