Professional Discipline and Licensing

There is virtually nothing more important to any health care practitioner than his or her license to practice. Allegations of impropriety or the commencement of disciplinary actions can affect licensure, putting professional reputations and livelihoods on the line. Martin Clearwater & Bell LLP (MCB) has created a practice area devoted specifically to Professional Discipline & Licensing matters, and our expert attorneys will stop at nothing to defend clients against these kinds of threats.

MCB’s Professional Discipline and Licensing team is dedicated to representing health care professionals whenever Office of Professional Medical Conduct (OPMC) and/or Office of Professional Discipline (OPD) investigations have been initiated. We provide guidance and assistance to health care professionals throughout the disciplinary process in areas such as medical records review, preparation for and participation in interviews with the Investigator, and negotiation of Consent Orders.

Additionally, we represent physicians and other health care providers in a full range of defense-of-license matters. These typically originate from allegations of gross negligence or incompetence, inappropriate behavior, billing fraud, substance abuse, and so forth.

WHO WE REPRESENT:

Our clients include physicians, medical practices, ambulatory surgery centers, laboratories, chiropractors, nurses, and other medical providers and health-related businesses.

WHAT WE HANDLE:

The attorneys in our Professional Discipline & Licensing have extensive experience representing professionals before licensing committees and helping them navigate this stressful process.

The types of issues and allegations we encounter include:

  • Being convicted of a crime
  • Engaging in gross incompetence or gross negligence
  • Practicing under the influence of drugs or alcohol
  • Refusing to treat based on race, creed, color, or national origin
  • Practicing beyond the scope of the profession
  • Releasing confidential information without authorization
  • Engaging in sexual misconduct
  • Writing fraudulent prescriptions
  • Performing unnecessary work or unauthorized services
  • Denial of a Professional License
  • Requests for Modification of Discipline
  • Petitions for Reinstatement of a Professional License

HOW WE HELP:

The Firm has a solid history of interacting with numerous licensing and disciplinary agencies in the tri-State area, including:

  • Office of Professional Medical Conduct (OPMC)
  • Office of Professional Discipline (OPD)
  • The Justice Center
  • The Physician Health Program for New York State the Committee for Physician Health (CPH)  
  • New York State Office of Alcoholism and Substance Abuse Services (OASAS)

Our attorneys:

  • Defend individual hospital staff members, physicians and hospital centers in investigations and disciplinary proceedings across all professional and governmental forums
  • Provide risk management advice/assistance and develop and implement corrective risk management strategies as necessary
  • Proactively identify systemic problems and potential areas of liability
  • Establish effective policies and protocols to ensure future compliance
  • Craft presentations to educate medical staff on legal/medical issues involved in daily practice
  • Provide clients with 24-hour, on-call access to a partner with expertise in all aspects of health care law
  • Represent all categories of health care providers in defense-of-license matters

Related Insights

MCB Congratulates Our Four New Partners!

Martin Clearwater & Bell LLP Announces Four New Partners of the Firm Effective January 1, 2020 – Michael F. Bastone, Jayne L. Brayer, Conrad A. Chayes, Jr. and Elizabeth J. Sandonato Martin Clearwater & Bell LLP (MCB) is pleased to announce the promotion of...

Professional Discipline & Licensing Alert: Physician Practice Groups

New Law in New York State Requiring Office Signage Regarding Patients Reporting Rights to the Office Professional Medical Conduct (OPMC) On October 7, 2020, a new law was enacted in New York State requiring that all physician practices post signage in their offices...

Partner Peter T. Crean is Named “Lawyer of The Year” for Legal Malpractice Defense in New York City by Best Lawyers 2020

NEW YORK, NEW YORK, September 2019 - Martin Clearwater & Bell LLP is proud to congratulate Senior Partner Peter T. Crean on his recognition by Best Lawyers® as 2020 “Lawyer of the Year” in the category of Legal Malpractice Law – Defendants – New York City to be...

Let’s Work Together