OPD Legal Representation Throughout New York State and NYC
At Norman Spencer Law Group, we provide aggressive legal representation to New York licensed professionals facing the Office of Professional Discipline (OPD). Over the years, we have successfully represented numerous clients facing disciplinary charges at all stages of the OPD process, from initial investigations to hearings. We offer comprehensive representation throughout New York State and NYC.
What is the Office of Professional Discipline?
The Office of Professional Discipline (OPD) is an agency within the New York State Department of Education. It is responsible for investigating and prosecuting professional misconduct among licensed professionals, excluding doctors and lawyers, who are regulated by other agencies. The New York Office of the Professions oversees 50 professions requiring state licensure, all under OPD jurisdiction.
The OPD has regional offices across New York State, including several in the NYC metropolitan area and more upstate. The main goal of the OPD is to protect the public by investigating and prosecuting complaints of misconduct against licensed professionals.
Who Are Our Typical OPD Clients?
Our New York professional license defense attorneys have represented hundreds of clients referred to the OPD for misconduct investigations. While we have represented many types of professionals, healthcare professionals are most frequently under scrutiny. Our typical clients include:
- Physical therapists
- Dentists
- Pharmacists
- Chiropractors
- Mental health professionals
- Social workers
- Podiatrists
- CPAs
Among these, nurses are the most targeted due to numerous industry-specific rules and regulations, making them more susceptible to allegations of misconduct.
What is Professional Misconduct?
The primary goal of the state licensing agency is to protect the public from professional misconduct, defined as the failure of a professional to practice according to expected standards. New York statutes define nearly 50 types of violations that constitute professional misconduct, including:
- Practicing with gross incompetence or negligence
- Practicing beyond the scope of the profession
- Being convicted of any crime
- Failure to maintain proper records
- Practicing without a license
- Engaging in fraudulent practices (including insurance fraud)
- Sexual misconduct
- Substance abuse
- HIPAA violations
Our OPD lawyers have extensive experience handling all possible disciplinary scenarios and possess a keen understanding of the OPD process and effective legal strategies to protect our clients.
What If a Professional Is Found Guilty of Misconduct?
Less serious cases of misconduct may be resolved with an advisory letter or administrative warning. More serious cases can result in penalties such as:
- Censure and reprimand
- Fines up to $10,000 per violation
- License suspension and/or probation
- License revocation in severe cases
Professionals may sometimes choose to voluntarily surrender their license, which can be beneficial in certain situations. However, with some exceptions, if your license is surrendered or revoked, you must wait at least three years to apply for restoration, and you must demonstrate to the Regents that you deserve it.
What is the OPD Investigative Process?
The OPD receives nearly 10,000 complaints annually against licensed professionals. Investigators assess these complaints to determine if there is sufficient evidence of misconduct, similar to how detectives gather evidence before turning a case over to prosecutors.
If you are the target of an OPD investigation, never discuss your case with the investigator before consulting an experienced New York OPD lawyer like those at our firm. When the investigation concludes, the investigator decides whether to close the case or refer it for prosecution, at which point an OPD prosecutor is assigned.
You will then choose between negotiating a consent agreement with the state, akin to a plea deal in a criminal case, or proceeding to a disciplinary hearing, essentially a trial. Discussing your options with an experienced professional license defense lawyer is crucial.
What Should You Do If You Are Investigated By the OPD?
Typically, you will be notified of a misconduct investigation via a letter signed by an OPD investigator, sometimes by telephone. As soon as you learn you are a target, contact our office to discuss your options. In disciplinary matters, our OPD lawyers are experts.
As a licensee, you are legally and professionally obligated to cooperate with the OPD and comply with their requests. This means providing requested documents, but you are not obligated to discuss anything with the investigator. In fact, you should not make any statements without consulting an attorney first, as these can be used against you.
Our OPD attorneys have developed effective techniques for dealing with OPD investigators, ensuring compliance while protecting your rights. Call us today if you have received an OPD investigation letter.
How to Choose the Right Lawyer for Your OPD Case
In New York, there is no shortage of lawyers. When facing legal issues, you want to choose one with the most experience in your specific situation and one you feel comfortable working with.
Norman Spencer Law Group has handled thousands of OPD cases across Nee York. Our success rate and experience are rarely matched. Unlike many competitors, we don’t just follow the OPD investigators’ instructions. We fight the allegations aggressively from the very beginning. Over the years, we have earned respect from the Office of Professional Discipline prosecutors, management, professional board members, and Administrative Law Judges. We are the natural best choice of a defense law firm for anyone facing professional misconduct investigation in New York.
Top 3 Reasons to Hire Norman Spencer Law Group To Handle Your OPD Investigation Case
1. Specialized Expertise in OPD Defense
Norman Spencer Law Group lawyers are experts in handling OPD investigations, providing a deep understanding of the specific regulations and legal nuances involved in professional discipline cases. Their extensive experience ensures that clients receive informed and strategic legal representation tailored to the complexities of the OPD process. With a history of successfully defending thousands of licensed professionals, the firm is well-equipped to navigate the intricacies of these cases and achieve favorable outcomes.
2. Proven Track Record of Success
The attorneys at Norman Spencer Law Group have a proven track record of successfully defending clients in OPD investigations. They have represented thousands of professionals, including nurses, physical therapists, dentists, and pharmacists, helping them avoid severe penalties and retain their licenses. Their history of positive outcomes demonstrates their ability to effectively advocate for their clients, whether through negotiating settlements or defending clients in disciplinary hearings.
3. Comprehensive and Aggressive Representation
Norman Spencer Law Group offers comprehensive legal services that cover all stages of the OPD process, from initial investigation to final hearings. They provide aggressive defense strategies to protect clients’ rights and professional reputations. The firm’s attorneys are known for their thorough preparation, attention to detail, and dedication to achieving the best possible results for their clients. By choosing Norman Spencer Law Group, clients benefit from a team that is committed to fighting tirelessly on their behalf, ensuring that their case is handled with the utmost care and expertise.
For more information or to schedule a confidential consultation, contact Norman Spencer Law Group today.
