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Andrea, Esq.
Andrea, Esq., Attorney
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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med school student arrested for drugs end with misd. submits

Customer Question

med school student arrested for drugs end with misd. submits to NYS impaired physician pgm, earns physician State License and doing well in residency, offered a job at same hospital asks if said misd. conviction is reportable on physician profile [ NYPHL 2995-a] I say that inasmuch as event was treated by the NYS Office of Professional conduct datum is not intended to be reportable; see regs sec 1000.2 (a) "..if applicable..."
Submitted: 6 years ago.
Category: Legal
Expert:  MugsyMD replied 6 years ago.

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Hello, and I am pleased to help, use of my answers are for educational purposes only.
From someone who reviews privleges - he needs to report and talk about it with the committee if asked, if he HIDES this, then he might never get hired because then he would have to ALSO report why he got denied privleges - and then he might never ever get hired and privleges.
Customer: replied 6 years ago.
Relist: Inaccurate answer.
The question was not about hospital privileges. The question is about reportability on the initial information form to the Physicians Registry.
Are you an attorney? It seems not. Are you informed as to the policies of the NYSDOH and the confidentiality of the Office of Professional Conduct as to how it deals with those in its corrective/rehab programs? It seems not. Are you familiar with the NYSDOH Physicians Registry, specifically its Dictionary which states: "None Reported - You will see this term throughout the Physician Profile. It means no information was self-reported by the physician or no information is discloseable or the information is not applicable."
Expert:  MugsyMD replied 6 years ago.
I'll switch this to the legal side - you are asking on the medical side - we are doctors on this side.
Expert:  Andrea, Esq. replied 6 years ago.
Thank you for your question,

 

My name isXXXXX am a licensed, practicing Attorney with 25 years experience and since the medical expert has opted out, I will be glad to help with your question

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum. The attorneys on JustAnswer are glad to answer questions and give information, but JustAnswer is not a law firm, so we cannot take on client representation and no attorney-client relationship is formed

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Answer

 

I have read NYPHL 2995-a, and if you are asking if the conviction is reportable on a physician's profile, I would have to say that the physician should report it because of the following reasons:

 

1. First, New York Criminal Procedure Law requires the New York probation department to report all convictions of New York licensees to disciplinary agencies. Such reports are sent every three months.

 

2. Second, prosecutors or other sources may inform the OPMC of criminal prosecution.

 

3. Lastly, during the license renewal process the licensee is required to disclose facts related to criminal background.

Additionally, from an employment aspect, when the physician is filling out employment applications where the propective employer will conduct a background check before offering any position of employment, the physician who was convicted would definitely have to report this because his conviction is a matter of public record and will show up on any background check. If the physician answers that he has never been convicted of any crime, or fails to disclose it, he will be discovered to have been less than honest.

 

A way that the physician can overcome this is to complete whatever penalty was given by the Court, complete any probation on which he has been placed and then file a Petition with the Court to have his record expunged, thereby erasing any negative matters on his background report.

 

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Please press "ACCEPT" so that I may receive credit for assisting you

 

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Edited by ANDREA, on 11/1/2010 at 6:00 PM EST
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Although the point of my question has not come across and the answere has relied on the statute and missed out on the facts, I am accepting that answer.
Expert:  Andrea, Esq. replied 6 years ago.

Thank you for accepting my Answer, I appreciate it greatly

 

 

 

Stay well and Kindest Regards,

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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