Trap of Misconduct
Many Physicians run into the trap of misconduct without knowing until it is too late. A Physician several
years ago had run into this issue, when three of this patients had sued him. He was treating these
patients for cancer. The suit by these patients sought to invoke the Federal Declaratory and Injunctive
relief against the N. Y. Pub. Health Law, Sub. Sec. 230(10)(k) and (l) (McKinney Supp. 1977) which grants
subpoena power to the Executive Secretary of the New York State Board of Professional Medical
Conduct.1 (board) At this point there is no going back to think what happened. Especially if you are
con5dent you had done no wrong.
It starts as a nasty investigation into the claim of misconduct, and the subpoenaed patient records of all
the patients. The thing in getting these records under the HIPPA laws is somewhat difficult. It is
unconstitutional under the First, Fourth, Fi8h, Ninth, and the Fourteenth Amendments because
unconsented disclosure to the Board of the Patients’ identities and their con5dential medical records.
This can take some time in getting permission for the Board to get the authorization of consent, by that
time the damage to your reputation has been made dirty. The thing is it has no real claim of the patient,
but that of the State.
You feel that you, the Physician, has a right to treat, administer medication in a private and con5dential
manner. The Physicians should have the right of opinion and belief in the professional practices. Think
again. Especially when it comes to the types of medications used under the New York State Controlled
