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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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