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.
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(212) 300-5196What 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?
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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.
You are a licensed pharmacist in New York City who just received a letter from the Office of Professional Discipline stating that a complaint has been filed against you for alleged dispensing errors and professional misconduct. The letter demands that you appear for an interview and produce all related pharmacy records within 30 days.
Should I cooperate with the OPD investigation on my own, or do I need a defense lawyer before responding to their demands?
You should not respond to the OPD or attend any interview without experienced legal counsel representing you. Under New York Education Law Section 6510, the OPD has broad investigative authority to suspend or revoke your professional license, and anything you say during their interview can be used against you in formal disciplinary proceedings. An experienced OPD defense attorney can review the complaint, prepare you for the interview, negotiate with investigators, and protect your rights throughout the process. Many professionals who attempt to handle OPD matters alone inadvertently make admissions that escalate what might have been a minor complaint into a full hearing before the Board of Regents.
This is general information only. Contact us for advice specific to your situation.
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.
