| Consequences of Criminal Indictment or Conviction | | | | experienced New York medical license defense |
| for a New York Physician | | | | attorney will be able to predict the probably outcome |
| For most of us, being charged with a crime carries | | | | of the disciplinary hearing. While criminal conviction will |
| with it a set of usual evils: fines, imprisonment, and | | | | result in professional discipline, it is not at all certain |
| the stigma of criminal record. Others, such as licensed | | | | that the doctor's license will be suspended or |
| professionals, will suffer more. This article is about | | | | revoked. A properly presented defense may use |
| legal consequences a New York physician may face | | | | mitigating factors that could significantly minimize |
| as the result of being charged with or convicted of a | | | | potential disciplinary measures taken by the |
| crime. | | | | Department of Education. For example, one could |
| In New York, both felonies and misdemeanors are | | | | expect the penalties to be less severe if the crime |
| crimes. If you plead guilty or are convicted at trial of | | | | has very little connection to the practice of medicine, |
| either a felony or a misdemeanor, you will have a | | | | if it is a relatively minor offense, if the crime |
| criminal record. Being convicted of a crime is also | | | | "victimless", if the doctor has no prior criminal history, |
| professional misconduct in New York. It is virtually | | | | if public would not be endangered by the doctor's |
| certain that a New York physician convicted of a | | | | practice of medicine, and the like. Others factors such |
| crime will face a disciplinary action against their | | | | as the licensee's personal character, proven track of |
| medical license. The agency responsible for disciplining | | | | community involvement and the like may be |
| New York physicians is the Office of Professional | | | | considered. More serious cases will result in more |
| Medical Conduct, usually referred to as the OPMC. | | | | severe penalties. Potential disciplinary sanctions |
| There are a few ways the OPMC finds out about a | | | | against a New York doctor may include censure and |
| doctor's criminal conviction. First, New York Criminal | | | | reprimand in less serious matters and suspension or |
| Procedure Law requires the New York probation | | | | revocation when the conviction was for a more |
| department to report all convictions of New York | | | | serious crime. Other penalties include hefty fines, |
| licensees to disciplinary agencies. Such reports are | | | | probation, restrictions on practice, and community |
| sent every three months. Second, prosecutors or | | | | service. |
| other sources may inform the OPMC of criminal | | | | In our jurisprudential system a person stands |
| prosecution. Lastly, during the license renewal process | | | | innocent until proven guilty. Simple accusation or |
| the licensee is required to disclose facts related to | | | | criminal indictment will not bring about professional |
| criminal background. | | | | discipline. However, in some aspects, physicians |
| It is commonly believed that only prosecutions | | | | charged with crimes enjoy much less protection than |
| related to the practice of medicine will result in | | | | the rest of criminal defendants. For example, when a |
| professional discipline. That is not so. The truth is, any | | | | Medicaid provider is indicted for what would be a |
| criminal conviction for any criminal act is professional | | | | crime in New York and the alleged accusation relates |
| misconduct. The state disciplines doctors for anything | | | | to medical billing, providing of healthcare services, or |
| from shoplifting to drunk driving to assault to white | | | | managing a healthcare-related operation, the provider |
| collar and business crimes. Obviously, potential | | | | will be suspended from the program even though he |
| disciplinary sanctions will depend on the nature of the | | | | or she has not been convicted yet. |
| crime committed and many additional factors. An | | | | |