Weiss Zarett Brofman | Sonnenklar & Levy, P.C. | Attorneys At Law

High Quality Services And Personal Attention

OPMC Reporter – Winter 2011

On Behalf of | Jan 1, 2011 | OPMC Reporter

Volume 1, Issue 1

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.

  • Fraudulent Practice & Failure to Maintain Accurate Patient Records
  • 5 years’ probation with a $50,000 fine. Physician is precluded from private practice and may only practice in a facility licensed pursuant to Article 28 of the New York Public Health Law and is required to perform 100 hours of community service in a non-medical setting. The allegations include knowingly, and with intent to deceive, submitted, or caused to be submitted, bills for services that were not in fact rendered with respect to the patients. Also failed to maintain patient records.
  • Misbranding of a Drug Held for Resale After Shipment in Interstate Commerce
  • 2 years license suspension stayed with 3 years of probation and 300 hours of community service requirement. The allegations include representing to patients that they were being injected with a solution which was approved for human use.
  • Violation of Terms of Order issued by NYS OPMC
  • License Suspension indefinite time until a modification order staying the suspension is issued by the New York State OPMC. The allegations include a violation of a New York Order requiring the doctor to remain drug and alcohol free.
  • Gross Negligence (more than one occasion), Fraudulent Practice, Filing False Report, Moral Unfitness, etc.
  • License Surrender and $30,000 Fine. The allegations include gross negligence, negligence on more than one occasion, fraudulent practice, filing a false report, ordering excessive tests and treatment, failure to maintain accurate patient records and moral unfitness.
  • Driving While Intoxicated
  • Indefinite license suspension for at least 9 months and until a modification order staying the suspension is issued by the NYS OPMC. The allegations include the physician failed to comply with an order issued under New York State Public Health Law Section 230(7) and was convicted in the Village of New Hartford, Oneida County, of Driving While Intoxicated.