Conduct that can lead there
A single clinical mistake does not by itself mean losing a license, although negligence that is serious enough, or a pattern of substandard care, can lead to discipline. Some of the most serious outcomes arise from conduct unrelated to clinical skill, such as fraud in billing or records, or impairment that affects practice. Certain criminal convictions, and discipline imposed by another state or a federal agency, can also prompt action in New York, since licensing boards share information. Failing to cooperate with an investigation, or knowingly making false statements during one, can become a charge of its own. Much depends on how the conduct is characterized, not only on what happened.
How the process unfolds in New York
For physicians, the Office of Professional Medical Conduct investigates complaints, and many investigations close without charges. When charges are brought, a hearing committee of the State Board for Professional Medical Conduct decides whether misconduct occurred and what penalty fits, and the possible outcomes run from censure and reprimand through restrictions and suspension to revocation. That decision can usually be taken to further review. Where there is an imminent danger to the public, the Commissioner of Health can suspend a license on an interim basis before a full hearing, which is the fastest way a practice can be stopped. Some matters are resolved through a consent agreement rather than a hearing.
Where the outcome is shaped
Much of the shaping happens before any charge, at the interview and in the written response. Speaking with counsel before that interview, obtaining the relevant records through proper channels, and showing remediation, such as further training or treatment, are all part of what the investigators and the board weigh. Consent agreements can avoid a hearing but carry lasting effects, including reports to the National Practitioner Data Bank and to other states where you hold a license. When we first meet, we go over what has been alleged, what stage the matter is in, and what else could be affected, such as hospital privileges, insurance participation, or a pending malpractice case.
