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Published June 14, 2026 Author: Jordan Fensterman, Esq. Executive Partner and Director of of the OPMC & OPD Defense Practice at Abrams Fensterman, LLP. 516-368-9430 |
What Happens If a Physician Is Charged With a Crime in New York?
A charge alone does not automatically become a professional misconduct case the way a conviction does, but that does not mean a physician who has only been charged is safe. Depending on the crime and the physician’s own conduct, OPMC can still open an investigation, and in the most serious cases, can move to suspend a license before the criminal case is ever resolved.
Does Being Charged With a Crime Automatically Trigger an OPMC Case?
Education Law Section 6530(9)(a) requires a conviction, not a charge. Abrams Fensterman notes that OPMC can still investigate the conduct, and a felony charge with an imminent danger finding can trigger Summary Suspension under Public Health Law Section 230(12)(b) before trial.
How OPMC Can Still Act Before Any Conviction
If the conduct underlying the charge, rather than the charge itself, fits one of the other 50+ grounds of misconduct in Section 6530, such as moral unfitness to practice medicine or willfully harassing, abusing, or intimidating a patient, OPMC can investigate and prosecute that conduct on its own timeline, independent of whatever happens in criminal court. For how OPMC investigations unfold outside the criminal context, see the firm’s overview of the standard OPMC investigation process.
Felony Charges and the Risk of Summary Suspension Before Trial
Felony charges carry the most immediate exposure. Under Public Health Law Section 230(12)(b), the NYS DOH Commissioner of Health can issue a Summary Suspension Order against a physician who has simply been charged with a felony, without waiting for conviction, if the Commissioner determines the alleged conduct constitutes an imminent danger to the public health or well-being of the people. That suspension order is not permanent by default: if the felony charge is later dismissed, withdrawn, or reduced to a non-felony charge, the summary suspension order may terminate. A hearing on the underlying issue must still commence within ninety days of service of the Order.
Charges That Tend to Draw the Closest OPMC Scrutiny
DWI Arrest, Especially Involving Injury
An arrest for driving while intoxicated, particularly one involving an injury, does not itself trigger Section 6530(9)(a) before conviction, but the underlying conduct can still draw an OPMC inquiry into fitness to practice while the criminal case is pending.
Assault Charge Involving an Employee or Patient
A pending assault charge involving a patient or staff member can prompt an independent OPMC look at whether the conduct amounts to willfully harassing, abusing, or intimidating a patient under Section 6530(31), or moral unfitness to practice under Section 6530(20), separate from how the criminal case resolves.
Sexual Abuse or Sexual Misconduct Charges
These carry the highest exposure of any charge type, since the underlying conduct alone, even absent a conviction, can support a moral unfitness inquiry under Section 6530(20), and for psychiatrists, any sexual contact with a patient is a distinct ground under Section 6530(44).
Drug-Related Charges
A pending drug charge can raise questions under the impairment and substance-dependency grounds in Section 6530, independent of the criminal outcome, particularly where the conduct suggests impairment while treating patients.
Charges Unrelated to the Practice of Medicine
A pending charge for fraud or another offense with no connection to patient care will not trigger Section 6530(9)(a) before conviction, but it does not place a physician outside OPMC’s reach if the underlying conduct implicates another misconduct ground.
Does a Misdemeanor Charge Put My License at Risk Too?
A pending misdemeanor charge can still be examined separately.
Can OPMC Find Out About an Arrest Even Without a Report From the Physician?
Yes. Physicians and hospital administrators are required to report information that reasonably appears to show a licensee is guilty of professional misconduct, which can include conduct connected to a pending arrest, independent of whether the physician discloses the charge personally. Ex-spouses, competitors, journalists, and former partners, amongst many others, may also file reports.
Why the Criminal Case and Any OPMC Exposure Need Coordinated Defense From the Moment of Arrest
The earliest decisions in a criminal case, including how a charge is negotiated down or whether a plea to a lesser offense is entered, can determine whether Section 6530(9)(a) ever comes into play at all and can shape whether the underlying conduct draws separate OPMC attention. A physician facing a new charge needs counsel who understands both the criminal exposure and the licensing exposure from the outset, not counsel brought in only after a conviction has already been entered.
How Abrams Fensterman Defends Physicians Facing Criminal Charges
Led by Jordan Fensterman, Executive Partner and Director of the OPMC Defense and OPD Defense Practice at Abrams Fensterman, LLP, in junction with Michael Bass, former head litigator and Deputy General Counsel at the NYS Department of Health (DOH), physicians are represented from the moment a criminal charge is filed, working to protect the license before any conviction occurs and, where a conviction cannot be avoided, positioning the physician for the strongest possible penalty argument at that later stage.
For examples of how these cases have been resolved, see the firm’s OPMC defense results and success stories. Physicians who are also facing a related civil claim can review the firm’s medical malpractice defense practice for how parallel matters are coordinated. A physician whose charge later results in a conviction should also review what happens after an OPMC referral proceeding begins. A physician facing a new criminal charge should contact the firm immediately, before any plea is entered, at (516) 368-9430.
Frequently Asked Questions
Does being arrested mean I will lose my medical license?
No. An arrest or charge alone does not create professional misconduct under Section 6530(9)(a). Exposure depends on whether the charge is a felony paired with an imminent danger finding, or whether the underlying conduct fits another misconduct ground.
Can OPMC suspend my license before my criminal case is decided?
Only if the Commissioner of Health determines the alleged conduct constitutes an imminent danger to the health of the people under Public Health Law Section 230(12)(b).
Do I need a different lawyer for the OPMC side than for my criminal case?
Coordinated counsel is strongly recommended, as most criminal defense attorneys do not have experience defending physician licenses, and since decisions made early in the criminal case can affect both the criminal outcome and any separate OPMC license exposure.
Contact Jordan Fensterman
A criminal charge can create immediate medical licensing and OPMC concerns even before a conviction occurs. Jordan Fensterman provides coordinated guidance to New York physicians facing criminal charges, OPMC investigations, Summary Suspension risk, professional misconduct allegations, and related regulatory exposure.
