Who investigates and how it starts
For physicians and physician assistants in New York, misconduct complaints are investigated by the Office of Professional Medical Conduct within the Department of Health. Nurses, dentists, pharmacists, and many other licensed professionals fall under the State Education Department's Office of the Professions instead, which has its own procedures. Investigations can be triggered by patients, colleagues, hospitals, insurers, malpractice payments, or criminal matters, and many of them close without charges. Those that move forward can lead to a hearing before a committee, and the outcomes available at that stage vary widely. The investigation stage is where much of the shape of a case is set.
Before you speak with an investigator
An interview with an investigator is not an informal conversation, and what you say is recorded and can be used later. Talk with counsel before scheduling it, and do not alter, add to, or late-enter anything in a patient chart. Obtain copies of relevant records only through proper channels, and gather your CV, credentialing history, and any prior correspondence with the board or hospitals. Notify your malpractice carrier, since many policies include some coverage for license defense, and check whether your hospital privileges, insurers, or other states where you hold licenses impose their own reporting duties.
Planning the response
Many matters resolve during the investigation through an explanation supported by records or, in some cases, a negotiated outcome. Our first pass covers the letter and the underlying events, what the investigator is likely to focus on, and whether a written submission, an interview, or both makes sense. We also look at related exposure, such as a pending malpractice case, a hospital privileges action, or a criminal investigation, because statements in one forum can travel to another. Reports to the National Practitioner Data Bank and to other state boards can follow certain outcomes, so those consequences are weighed before any agreement is signed.
