If you are a licensed medical professional and discover you are under investigation, you should contact a criminal defense lawyer in Suffolk County before speaking to any investigator. Investigations by the Office of Professional Medical Conduct (OPMC) or the Office of Professional Discipline (OPD) put your medical license at direct risk. A single investigation into a patient complaint, workplace report, or criminal charge can result in censure, probation, suspension, or license revocation. What you say when an investigator first contacts you will determine the outcome of your case.
At the Law Offices of Jason Bassett, P.C., our team provides strong representation for medical professionals facing allegations that threaten their livelihood. Attorney Jason Bassett brings deep insight from his time as a former Special Assistant Attorney General in the New York Medicaid Fraud Control Unit. With this background, we know exactly how a criminal matter can compromise your medical license, and how a licensing board case can trigger criminal charges. We defend clients across Long Island and work to protect your practice from every angle.
This guide explains what professional misconduct means under New York law, what triggers these investigations, the penalties you may face, and why early legal representation is critical. If your license is on the line, contact the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to speak with our team and start building your defense today.
What Is Professional Misconduct Under New York Law?
Licensed medical professionals in New York State must follow specific practice standards under state law. Failing to meet these requirements constitutes professional misconduct, and proven violations can result in disciplinary action up to the suspension or revocation of a medical license.
New York Education Law § 6530 defines physician misconduct, while New York Public Health Law § 230 establishes the Board for Professional Medical Conduct. These statutes classify actions like practicing with negligence, working while impaired, submitting false reports, and obtaining a fee through fraud as professional misconduct.
This regulatory oversight extends beyond physicians since physician assistants also fall under OPMC jurisdiction. The Office of Professional Discipline (OPD) under the New York State Education Department handles disciplinary proceedings for other healthcare professionals like nurses, pharmacists, dentists, and physical therapists.
Key Takeaway: Professional misconduct is any failure to meet the practice standards set by New York statutes and regulations, including negligence, impairment, fraud, and false reporting. When proven, it can support discipline up to and including revocation of a license.
Why Hire an Attorney the Moment You Learn of an Investigation?
Disciplinary actions pose a severe risk to your practice, which is why you should hire a Suffolk County criminal defense attorney the moment you learn about an investigation. You should never speak to an investigator without legal representation because early statements can easily be used against you as the case progresses.
Medical professionals sometimes worry that hiring a lawyer will make them look guilty to the board. Any agency investigating medical professionals understands that anyone accused of wrongdoing has a right to legal counsel, and they will not assume guilt just because you retained a lawyer.
Retaining an experienced attorney like Jason Bassett, Esq. signals to investigators that your rights will be protected throughout the entire process. You must treat every inquiry as a serious matter even when you are confident the accusation has no merit. Having legal counsel helps guard your career from unwarranted disciplinary actions and keeps the investigation focused on the facts.
Medical License Defense Attorney in Central Islip – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett has more than 25 years of experience defending individuals against powerful institutions, including prosecutors’ offices, police departments, and government agencies at both the state and federal level. He earned his Juris Doctor from Boston College Law School in 1999 and his Bachelor of Arts from the University of Pennsylvania in 1994, and he is admitted to practice in the State of New York and before the Eastern and Southern Districts of New York and the United States Court of Appeals for the Second Circuit.
Before building his defense practice, Mr. Bassett served as a Special Assistant Attorney General in the New York Attorney General’s Medicaid Fraud Control Unit, giving him firsthand knowledge of how misconduct and fraud cases against medical professionals are investigated and prosecuted. He is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the Suffolk County Criminal Bar Association, and he brings that combined criminal and regulatory experience to every case involving a licensed professional.
What Triggers an OPMC or OPD Investigation?
An investigation can begin from several different sources, and the medical professional is often the last person to find out it is underway. Recognizing these common triggers helps you know exactly when to contact legal counsel. The most frequent sources of a state inquiry include the following events:
- Patient complaints filed directly with the state
- Malpractice settlements, court judgments, or repeated claims
- Reports from a hospital, clinic, or employer regarding clinical privileges or termination
- Criminal charges or an arrest that can reach the licensing agency independently
- Mandatory reporting by other professionals who are required to report suspected misconduct
A single incident can trigger both a licensing inquiry and a criminal matter at the exact same time. Contacting an attorney early allows you to respond to both issues properly without one proceeding negatively affecting the other.
Can a Felon Acquire or Keep a Medical License in New York?
New York law does not automatically ban individuals with a felony record from holding or keeping a medical license. The state evaluates every situation uniquely by considering the type of felony, the time passed since the conviction, and the extent of your rehabilitation efforts.
A felony conviction for an already licensed professional triggers an immediate direct referral to the OPMC and places that existing license at severe risk. The licensing board will not let you contest the conviction itself during this proceeding. This direct connection shows exactly why the outcome of a criminal case and the outcome of a licensing case remain closely tied together.
Reviewing bodies demand complete honesty about your past along with clear evidence of personal development and a demonstrated commitment to the medical profession. A felony record will not act as an absolute bar to practicing medicine in New York, but it greatly raises the stakes of every legal decision you make during an investigation.
Can the Same Attorney Defend Criminal Charges and OPMC Hearings?
You can hire the same attorney to handle both your criminal defense and your administrative licensing case. The Law Offices of Jason Bassett, P.C. can defend medical professionals against criminal charges while also representing them before the Office of Professional Medical Conduct and the Office of Professional Discipline. Working with an attorney who manages both areas can help protect your rights without creating conflicts between the two proceedings.
Attorney Jason Bassett understands how a criminal matter can affect a medical license and how administrative proceedings can impact a criminal case. These two legal systems operate on separate tracks but can influence each other. The table below outlines the key differences between the two proceedings.
| Factor | Criminal Case | OPMC / OPD Licensing Case |
|---|---|---|
| Who decides | Judge or jury in court | OPMC Hearing Committee, an administrative body |
| What is at stake | Fines, probation, or incarceration | Censure, probation, suspension, or license revocation |
| Burden of proof | Proof beyond a reasonable doubt | Preponderance of the evidence |
| Effect on the other matter | A conviction can trigger a direct referral to the OPMC | Findings can shape the outcome of a criminal case |
What Happens If a Physician Is Convicted of a Crime?
The OPMC handles post-conviction disciplinary proceedings through direct referral hearings. These expedited hearings take place under New York Public Health Law after a physician receives a criminal conviction, including one entered through a plea deal. A physician cannot contest their underlying criminal conviction during this proceeding because the OPMC Hearing Committee solely decides what punishment they will face.
A physician should immediately hire an experienced defense attorney to help reduce the severity of the final penalty. Legal counsel can guide you through the necessary steps to demonstrate full accountability and active rehabilitation to the hearing committee. Showing clear evidence of repentance and rehabilitation serves as the foundation of a direct referral defense and helps protect a medical license.
Key Takeaway: A physician cannot challenge the underlying criminal conviction during a direct referral hearing. The committee only decides the penalty, so the defense strategy must focus entirely on proving accountability and rehabilitation to protect the license.
Should You Attend an OPMC Interview Without a Lawyer?
New York law requires the OPMC to offer you the opportunity for an interview before referring your case to an Investigation Committee. While you have the right to decline this meeting, unrepresented medical professionals can easily make mistakes during these proceedings. Consulting with a defense attorney before deciding whether to participate helps protect your rights and your career.
The OPMC conducts these interviews only after completing a thorough initial investigation. Before requesting a meeting, investigators have already reviewed medical records, spoken with patients, and consulted other doctors in your field. This interview serves as a final step before the agency presents your case to the Investigation Committee.
The Investigation Committee functions much like an administrative grand jury. It reviews the file to decide if sufficient evidence exists to bring formal charges of professional misconduct. Statements made during an interview can influence whether the committee chooses to move forward with formal charges.
What Penalties Can the OPMC Impose on a Long Island Physician?
Under New York Public Health Law § 230-a, the OPMC has the authority to issue a wide range of disciplinary penalties based on the specific findings and your prior practice history. The board can impose sanctions that include the following outcomes.
- Censure and reprimand: A formal finding of misconduct placed on your permanent record.
- Monetary fines: Financial penalties assessed for each violation.
- Probation: Mandatory period of practice monitoring, supervision, or required education.
- Practice limits: Specific conditions placed on how and where you can practice medicine.
- License suspension: Partial or full temporary withdrawal of your medical license.
- License revocation: Complete termination of your ability to practice medicine in New York.
An experienced attorney may be able to argue for a lesser sanction by presenting mitigating testimonial evidence from medical experts, employers, or peers to show the committee that appropriate clinical protocols and patient safety measures are in place. The main objective is protecting your license and allowing you to continue practicing medicine whenever the facts permit.
Key Takeaway: Penalties under New York law range from formal censures and fines to probation, practice restrictions, suspension, and full license revocation. The severity of the penalty depends on the misconduct found and the strength of the mitigation presented on your behalf.
Speak With a Suffolk County Medical License Defense Lawyer
If you have learned that you are under investigation, the decisions you make now can affect your license, your finances, and your ability to keep working.
Attorney Jason Bassett represents medical professionals throughout Suffolk County and Long Island in both criminal matters and licensing hearings. His background in state prosecution gives him direct insight into how these cases are built and defended.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a confidential consultation. Our office is located at 320 Carleton Ave # 4200, Central Islip, NY 11722, and we serve medical professionals across Suffolk County. Reach out before you speak to any investigator to protect your rights and career from the start.
Frequently Asked Questions About Medical Professional Investigations
Should I speak to an investigator before hiring a lawyer?
No medical professional should speak to an investigator without legal representation. Statements made during an early interview can be used against you in both administrative licensing cases and criminal proceedings. Having an attorney involved from the start helps protect your legal rights and prevents inadvertent admissions.
Will hiring a lawyer make me look guilty to the OPMC?
No. State investigators expect licensed professionals to seek legal counsel, so retaining a lawyer simply shows that you take the inquiry seriously and want to protect your career. Hiring defense counsel is a standard protective step and does not imply wrongdoing.
Can I refuse an OPMC interview?
You are not required to attend an OPMC interview. New York law mandates that the agency offer you the opportunity to speak, but participating remains entirely optional. Because statements made during this meeting can be used to build a case against you, consult a defense attorney before deciding whether to attend.
Can I fight the conviction at a direct referral hearing?
No. A direct referral hearing addresses only the professional consequences of a conviction rather than the conviction itself. The hearing committee evaluates the matter solely to determine your disciplinary penalty. Your defense strategy must focus on demonstrating accountability and active rehabilitation to protect your medical license.
What penalties can the OPMC impose?
Under New York law, the OPMC can issue a censure and reprimand, assess monetary fines, place you on probation, restrict your practice, suspend your license, or order full license revocation. The severity of the penalty depends on the specific findings and the strength of the mitigating evidence presented on your behalf.
Does a felony conviction end a medical career in New York?
A felony conviction does not lead to an automatic loss of your license in every case. A felony record triggers an immediate OPMC direct referral hearing where the board reviews the specific offense, the time passed since the conviction, and your rehabilitation efforts before deciding on a penalty.
Can one attorney handle both my criminal case and my OPMC hearing?
You can retain the same attorney for both matters. The Law Offices of Jason Bassett, P.C. defends medical professionals against criminal charges while representing them before the OPMC and OPD. Managing both proceedings together prevents statements or decisions in one case from harming your outcome in the other.