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The Office of Professional Discipline (OPD) investigates and prosecutes cases of illegal practice, ensuring the protection of the public. With the support of professional associations, OPD seeks to establish a dedicated unit for effective monitoring and adjudication.
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The Office of Professional DisciplineFor Professional Practice Committee Public Session 2008 Louis J. Catone Professional Conduct Officer Presented on 3/18/2008
Protect the Public from Illegal Practice • SED has authority to civilly prosecute unlicensed practitioners • The Regents have adopted regulations to begin a skeletal implementation, but to fully carry out this responsibility, a new unit is needed - solely dedicated to investigating, prosecuting, monitoring, and adjudicating illegal practice cases • Professional associations representing over 700,000 licensees support a $3.33 annual surcharge • No new State $$ requested Need to address complaints of illegal practice continues
ILLEGAL PRACTICE CASES INVESTIGATED BY OPD • HOME HELPER INC. /HURTIG EVANS, INC. Two companies were providing unlicensed nurses to various state agencies defrauding the state in excess of 3.5 million dollars. • WILLIAM DAVID RAMIREZ Ramirez engaged in Illegal Practice of Medicine performing cosmetic surgery at his residence resulting in the permanent disfigurement of some patients.. • MICHAEL SORODSKY Sorodsky was engaged in the illegal practice of medicine by claiming to be able to cure untreatable cancer conditions. • HANNA MASSAGE INC. Investigation uncovered five spas offering massage by unlicensed individuals that actually was a front for prostitution.
Summary Suspension Factors • Legal Factors: • Screening Factors: • Serious actual harm • Potentially serious harm • Repetitive negligence or incompetence
Steps In The Summary Suspension Process • OPD serves the licensee with a petition for summary suspension. • The licensee responds in writing to the petition. • OPD replies in writing to the licensee’s response. • OPD presents an oral argument before a member of the Board of Regents, outlining the particulars of the case. • The individual member of the Board of Regents reports to the full Board. • The Board of Regents makes a determination on the case, approving or disapproving the summary suspension. • An expedited investigation, prosecution and completion of regular disciplinary proceedings follow a summary suspension. This proceeding involves a full scale panel hearing, when appropriate.