Dentists are licensed specialists, and all professions requiring a license in New York are subject to strict standards of professional conduct. With the exception of doctors, their assistants, lawyers and several other professions, the professional misconduct of all other professions, including dentists, is investigated and prosecuted by the Department of Professions of the New York State Department of Education. In fact, the OPD (Office of Professional Discipline) is a prosecution unit of the Department of Education. When, after an investigation, the OPD determines that professional misconduct has occurred, the case is reviewed by the Board of Regents, which is the ultimate licensing agency in New York with the authority to issue licenses and remove them. The Council conducts all disciplinary proceedings and examines cases that are pending.
Professional dental misconduct in New York occurs when a licensed dentist in his professional capacity acts below with the exception of dental practice standards. As a dentist, there are many ways in which you can be investigated for professional negligence. The most common charges may include gross incompetence or gross negligence one or more times, allowing or helping an unlicensed person to perform actions requiring a license, to refuse patient care because of race, religion, color or national origin, the practice goes beyond the dental profession , breach of trust in a patient, conviction for a crime, refusal to return a file on demand, neglect by a patient in an emergency situation, unnecessary or not authorized dental work, performing dental work under the influence of alcohol or drugs, and patient abuse, sexually or physically.
In recent years, various agencies have stepped up efforts to combat health fraud. This has led to an increase in criminal prosecutions and convictions for insurance and fraud with Medicaid. A recent history of disciplinary ORDs against dentists in New York shows that a significant number of dentists disciplined by the Council were actually prosecuted for fraud, ranging from filing false reports to Medicaid fraud.
If a New York dentist is convicted of professional misconduct or agrees to charges of misconduct, fines may include reprimand and reprimand, high fines of up to $ 10,000 for each violation, suspension and even permanent revocation of the license. Other fines may be that they are not allowed to participate in specific insurance plans or the Medicaid program.
The CCP investigation is very similar to a criminal investigation, and too many suspects greatly complicate their future defense by agreeing to an interview with the investigator. In matters of professional discipline, the suspect has fewer rights than the defendant in a criminal case. Similarly, the prosecution agency has more flexibility and rights than the district attorney in criminal prosecution. A mistake associated with voluntariness with the investigator can seriously damage your case.
This does not mean that in contact with the investigator, the dentist should be rude. Most likely, the only correct way to cope with the situation at that time would be to politely tell the investigator that you are happy to cooperate and will do this after consulting with a lawyer. The rest must be handled by a professional in such proceedings. In a situation that may be the most difficult in your life, to cope with this without help is to gamble with your career and livelihood.
