On 11/3/08, new legislation became effective in New York making the disciplinary system more strict for physicians reported to the Office of Professional Medical Conduct (OPMC) for misconduct, and makes such information more accessible to consumers.
These law changes make it even more imperative for clinicians with addictive and psychological problems to seek immediate treatment to regain their health and avoid discipline. A report to OPMC can result in quick publicizing of charges, and possible losses of license, job, career, income, self-esteem, and thousands in legal fees. Colleagues in leadership positions should ensure such individuals get help ASAP. Such individuals can also self-refer or be referred to the Committee for Physician Health at 1-800-338-1833 or 518-436-4723.
A synopsis of the law changes include:
1. OPMC now makes charges against a physician public much sooner: after they are served vs. after an order is issued, and before appeals.
2. OPMC can more easily obtain a physician's personal medical records if they believe s/he may be impaired by addictive and psychiatric disorders.
3. Physicians must update their profiles every 6 months, a condition for license re-registration.
Other law changes involve mandating clinical competency exams, reviewing malpractice histories to see if doctors should be investigated, and more. Courts must also notify OPMC of physician misdemeanor and felony convictions, such as DWI's.
Go to www.abramslaw.com for an article fully describing the new law, "The Office of Professional Medical Conduct: How Changes In Public Health Law Section 230 May Affect You" by Lawrence F. Kobak, DPM, JD and Michael S. Kelton, Esq.
