Office of Professional Medical Conduct - Frequently Asked Questions

The following are questions frequently asked of the staff of the Office of Professional Medical Conduct. This office, which is part of the New York State Department of Health, investigates all reports of possible professional misconduct by physicians and physician assistants.

What does the Office of Professional Medical Conduct do?

The mission of the Office of Professional Medical Conduct (OPMC) is to protect the public through the investigation of professional discipline issues involving physicians and physician assistants. OPMC is responsible for investigating all complaints of misconduct, coordinating disciplinary hearings which may result from an investigation, monitoring physicians whose licenses have been restored after a temporary license surrender and monitoring physicians and physician assistants placed on probation as a result of disciplinary action.

If you feel that your doctor has committed misconduct, you should file a report with the Office of Professional Medical Conduct. Reports of misconduct are kept confidential.

What is misconduct?

Examples of medical misconduct include (but are not limited to): practicing fraudulently, practicing with gross incompetence or gross negligence; practicing while impaired by alcohol, drugs, physical disability or mental disability; being convicted of a crime; filing a false report; guaranteeing that treatment will result in a cure; refusing to provide services because of race, creed, color or ethnicity; performing services not authorized by the patient; harassing, abusing or intimidating a patient; ordering excessive tests; and abandoning or neglecting a patient in need of immediate care.

Certain types of complaints are not considered misconduct and therefore are not under the jurisdiction of OPMC. These include complaints regarding fees (unless they represent fraud), and complaints about a physician’s attitude, communication skills or rude behavior. OPMC does not condone uncaring behavior but such actions do not, by themselves, constitute misconduct.

Who do I contact about filing a misconduct complaint?

To discuss filing a misconduct complaint against a physician or physician assistant, contact the Office of Professional Medical Conduct, NYS Department of Health, 433 River Street, Troy NY 12180-2299. Phone: 518-402-0836 or 1-800-663-6114. All complaints are kept confidential.

Complaints against other licensed professionals should be directed to the Office of Professional Discipline, NYS Education Department, 475 Park Ave. South, 2nd Floor, New York, NY 10016-6901.

What happens once I make a complaint?

Once a written complaint has been received, it is reviewed by investigative and medical staff at the Office of Professional Medical Conduct. All complaints are kept confidential. A charge of misconduct is serious and there must be sufficient evidence of a possible violation before a hearing is held. If the investigation reveals sufficient evidence, an investigative committee determines if disciplinary action is warranted. A Health Department attorney prepares a notice of hearing and a Statement of Charges.

At that point, a disciplinary hearing is held before a committee of the Board for Professional Medical Conduct. The Board is composed of physicians, physician assistants and lay members who fulfill major roles in the disciplinary process by serving on investigative, hearing and license restoration committees. The Hearing Committee, which is composed of two physicians and one layperson, makes a finding of guilt or innocence and imposes a penalty if appropriate. The licensee and the Director of the OPMC may appeal the decision to an Administrative Review Board.

The Board for Professional Medical Conduct has the authority to revoke or suspend a physician’s license. The Board can also limit a physician’s license, issue a censure and reprimand, order education and/or retraining, levy a fine or require community service. The Board cannot direct a physician to reimburse a patient, change a diagnosis or alter an opinion.

Will I be interviewed or have to testify about my complaint?

The person who makes a complaint (the complainant) usually is interviewed. The interview may be conducted over the telephone or in person. If a disciplinary hearing is held, the complainant may be requested to testify.

Have there been complaints about my physician in the past?

Complaints against physicians are public information only if they result in a final disciplinary action. To learn if a physician has been disciplined, access the Medical Conduct web site at www.health.state.ny.us or call OPMC at 1-800-663-6114. There is no fee for this information.

How can I find out if my physician is licensed in New York State?

Contact the State Education Department, Division of Professional Licensing Services, Cultural Education Center, Albany NY 12230. Phone: 518-474-3817. Web site: www.op.nysed.gov. The State Education Department can also tell you where a physician attended medical school.

How can I find out if my physician is board-certified?

Many doctors become certified in a specialty by completing special training and passing formal examinations. To find out if your physician is board-certified, access the American Board of Medical Specialties web site at www.abms.org or call 1-866-275-2267.

Can your office recommend a physician for me?

The Office of Professional Medical Conduct cannot give any recommendation for, or against, a physician or physician assistant; the office can only inform you whether a disciplinary action has been taken against the physician/physician assistant.

For information on how to locate a physician in your area, you may want to contact your county or state’s Medical Society.

Can a physician refuse to accept me as a patient?

Physicians are generally free to accept or reject patients, however, a doctor may not discriminate against patients on the basis of race, gender or creed.

Does a physician have the right to terminate me as a patient?

Yes, a physician can stop seeing a patient. Although no regulations require a physician to provide advance notice, typically he/she would give the patient two to four weeks to locate a new physician.

How much can a physician charge for services?

Generally, physician fees are not regulated in New York State. Complaints regarding fees are not under the jurisdiction of the Office of Professional Medical Conduct unless they represent fraud (for example, a charge for tests or services not provided).

How can I get a copy of my medical records and is there a fee?

You can request a copy of your medical records from your physician. The cost can be no more than 75 cents per copied paper page.

A physician cannot refuse to let a patient see medical records because of an unpaid bill. For more information, contact the Access to Patient Information Program at 1-800-663-6114.

How long must a physician keep medical records?

Physicians must keep patient records for six years after the last visit. Records for children are kept for one year after the child’s 18th birthday.

Additional Information:

  • All final disciplinary actions are public information. Information on closed complaints, dismissed actions and on-going investigations is not available to the public.
  • Because medical conduct investigations are complex, it often takes months to resolve complaints. Cases that go to hearing typically take longer.
  • Actions taken by the Board for Professional Medical Conduct against physicians are different than malpractice actions. Malpractice cases are heard in civil court and seek financial awards for patients or families who claim harm by a physician. Contact your County Clerk’s office for information related to malpractice.