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New York Pharmacist License OPD Defense Lawyers
Defense Lawyers for NYC Pharmacist License Issues
We have a lot of experience representing numerous New York licensed pharmacists in all types of government investigations. Pharmacists are obligated to continuously keep their license in good standing in order to successfully practice their profession in the State of New York. If you are found guilty of professional misconduct or get convicted of a criminal offense, your license could get suspended or it could even be revoked. If you are a pharmacist who has learned of an impending audit or investigation, you should call an experienced health care defense attorney who has first hand experience in defending pharmacists in matters related to licensing.
How Does a Misconduct Investigation of a New York Pharmacist Work?
New York pharmacists are subject to professional discipline by the State Department of Education, Office of Professional Discipline (OPD). An investigation for misconduct can be initiated pursuant to complaints against the pharmacist, or on the existence of a criminal conviction. Either way, the stakes are high and no pharmacist can afford to make any critical missteps. During the investigation, the pharmacist will be contacted by a letter sent by an OPD investigator by mail. As a licensee, you are required to comply with any investigations into your practices. You may be required to submit any documents that the investigator requests from you for the purposes of the investigation. Nonetheless, you have no obligation to meet with or speak to the investigator. Our advice is that you refrain from doing so without first consulting your lawyer. Any and all statements you make, no matter how casual, can and likely will be weighed against you and will characteristically be interpreted in a negative light. The investigators are known to also demand records and get statements from witnesses. Before giving up any information at all, you should make it your business to review everything with your attorney.
These misconduct investigations are often intertwined with audits or investigation by other agencies that may suspect fraud, substandard care, controlled substances violations, or other possible infractions. Be aware that whatever statements and/or information you submit or anyone else (like witnesses, for example) offers OPD in the course of a professional misconduct investigation may be used by other agencies as well. For an optimal outcome, find yourself an attorney with expertise in all aspects of healthcare investigations as they specifically relate to licensed pharmacists. The attorneys on our team have handled hundreds of OPD cases at all stages and it’s more than likely that we can help you with your case.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
There are some cases in which we can actually convince OPD to end the investigation without any effects. In the event that the investigator finds that there is sufficient evidence of a pharmacist’s misconduct, he or she then creates a report and refers it to the investigative committee. At that stage, a prosecutor will be assigned to your case and we can connect with them directly to resolve your matter.
At times, prosecutors may appear to be willing to settle. We will look over their proposals and advise you as to the possible collateral effects so that you can make an informed decision. There are certain types of admission that may have adverse repercussions such as possible exclusion from Medicare and Medicaid, which can hit most pharmacists pretty hard.
Usually, investigations targeting pharmacists tend to focus on fraud, controlled substances violations, and improper handling of medication and/or labels. A finding of misconduct in any of these offenses that has been committed could potentially result in the loss of the pharmacist’s license, plus additional penalties that can include fines, exclusion from programs, and referral for criminal prosecution. Pharmacists should also be aware that they could be deemed liable for fraud if an investigator finds that they enabled another person to commit fraud. Are you a pharmacist who is concerned about possible allegations of fraud or drug violations? If so, then you should consult our experienced health law attorneys. We can assist you in establishing proactive compliance programs and other effective mechanisms that will minimize the occurrence of violations through prevention, early detection, and effective correction, all without interfering with your day-to-day operations.
Allegations of professional misconduct could also arise from improper advertising, violating anti-kickback statutes, practicing under the influence of alcohol or drugs, negligence in proper record-keeping, and even failure to pay court-ordered child support. Any pharmacist who has been convicted of a crime, even one that is unrelated to their pharmaceutical practice, can also be charged with misconduct and lose his or her license. If you are a pharmacist and you have been charged with any type of crime, be certain that your lawyer is also well versed in health care law and will be equipped to put together a complete defense that takes into account the need to protect your professional license.
An additional area of concern is addiction to alcohol and drug. If this is an issue for you, while your top priority should be getting help to overcome the addiction, it is equally important to do that in a manner that will not jeopardize your license. Talk with your attorney to determine what the best avenue to take to bring any alcohol and controlled substances issues under control.
There are cases in which self-reporting a violation can result in a mitigation of consequences. Before you decide to go that route, you should speak with your healthcare lawyer for guidance as to whether self-reporting in this specific situation will behoove you, and if so, what is the best method for undertaking it. Do not ever volunteer any information to any agency without speaking with your attorneys first.
There are pharmacists who, upon learning that they are being investigated, believe that since, from their perspective, they have done nothing wrong, that the investigators will ultimately come to understand this and end the investigation. Sadly, the chances of this occurring are relatively low. After an investigation has commenced, you are under suspicion and every single irregularity or error will be counted against you. It is for this reason that it is imperative that you retain an expert health care attorney the very moment you discover that you are under investigation. The attorneys on our team will use their experience and knowledge to strategize and come up with the most effective defense on your case.
Apart from the OPD, other investigations that can affect your license can be initiated by one or more agencies, including the Department of Justice, the DEA, the FDA, the Office of Civil Rights, and state and local law enforcement including the Medicaid Fraud Control Unit and the Office of Medicaid Inspector General. Our lawyers have successfully represented pharmacists in their interactions with a wide range of investigating and prosecuting agencies. We go hard to protect your license and to obtain the best possible outcomes. Our attorneys are at your disposal. We represent pharmacists at every stage of the investigation process, including appeals, criminal prosecutions, and disciplinary hearings.