Learn more about Spodek Law Group and how we can help with your case.
What Is OPD?
OPD is short for Office of Professional Discipline. It is a part of the Department of Education. The Department of Education has the power to investigate licensed professionals who have been accused of professional misconduct. Any licensed professional can be investigated except for doctors and lawyers. They are governed by other agencies.
The Typical OPD Clients
Our OPD defense lawyers have represented several types of clients. Some of the people that we typically represent include the following.
Registered nurses and licensed practical nurses
Dentists
Physical therapists
Mental health professionals
Chiropractors
Podiatrists
Certified public accountants
Nurses are often the target of professional misconduct allegations because there are a number of regulations and rules that they have to follow.
What Is Professional Misconduct?
The purpose of a state licensing agency is to protect the public from professional misconduct. Professional misconduct is defined as the act of failing to adhere to the professional standards that have been set by the agency. The Board of Regents in New York can enforce disciplinary action if one is convicted of professional misconduct. Here is a list of examples of professional misconduct.
Performing services that are outside of one's scope of practice and training
Being convicted of any type of crime
Drug and alcohol abuse
HIPAA violations
Not keeping the proper documentation and records
Practicing without a license
Allowing another person to practice without a license
Insurance fraud and any other type of fraud
Our OPD defense lawyers have handled a variety of scenarios. We understand the OPD process. We know what legal strategies we can use in order to protect our clients.
What to Expect if I am Investigated by the Office of Professional Discipline?
An OPD investigator will contact you. This will likely be via letter. However, they may choose to contact you via telephone. You are legally required to comply with the requests of the OPD. If they tell you to provide documents, then you will have to do that. You could be charged with misconduct if you ignore a request.
However, you do not have to have a conversation with the investigator. If you choose to speak to them, then you should not do so without speaking with an attorney first. It is important to note that everything you say can be used against you.
What Happens if I Am Found Guilty of Professional Misconduct?
The severity of the misconduct will determine the potential consequences that you can face. If your case is not serious, then you may receive a warning or advisory letter. The consequences will be more drastic if you are found of serious misconduct. You could be fined up to $10,000. You could also get your license revoked.
Keep in mind that it is possible to get your license back after it has been revoked. However, you will have to wait at least three years before you apply for another license. It can be difficult for you to get your license revoked. You will have to prove to the Board of Regents that you deserve to have your license back.
Why It Is Important to Hire an Attorney
It is imperative that you hire an attorney as soon as possible. You need a lawyer to guide you because one wrong statement can greatly reduce your chances of having a successful outcome. We will be able to tell you what steps you need to take.
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