Client Alert: OPMC CONSIDERING MODIFICATION OF LICENSE LIMITATIONS FOR PHYSICIANS & PHYSICIAN'S ASSISTANTS


By Michael Kelton and Jordan Fensterman

OPMC CONSIDERING MODIFICATION OF LICENSE LIMITATIONS FOR PHYSICIANS AND PHYSICIAN’S ASSISTANTS

WHO WILL JOIN IN THE FIGHT AGAINST CORONAVIRUS

The New York State Department of Health, Office of Professional Medical Conduct (“OPMC”), is accepting requests to modify license limitations set forth in existing OPMC Orders,so as to enable otherwise qualified physicians and physician’s assistants to join in the fight against the coronavirus in hospital and facility settings. OPMC is using an expedited review process to bypass the normal, arduous bureaucratic process that usually takes place when a physician or physician’s assistant applies for modification or removal of a license limitation. OPMC will consider each request on a case-by-case basis. Factors such as the nature of the license limitation, the amount of time that has passed since the limitation was imposed, the conduct of the licensee since the limitation was imposed, the licensee’s having kept abreast of the medicine and the licensee’s specialty and/or area of expertise are all factors which may be considered. While we expect that the granting of such modifications will likely be temporary and conditional, it may provide the licensee with an opportunity to demonstrate his/her dedication to the medical community and the public at large, and his/her trustworthiness and skill set, should the licensee later request that such modification be made permanent.

If you are a physician or physician’s assistant who is interested in seeking a modification of your current license limitation, and if you are willing to assist in the fight against the coronavirus in New York, please contact Michael S. Kelton, Esq. at mkelton@abramslaw.com or Jordan Fensterman, Esq. at jfensterman@abramslaw.com.

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