With few exceptions, health professionals must hold valid state licenses in order to practice in the military.  As the “issuing authorities” for those licenses, state professional boards have the power and obligation to “accept, investigate, and act upon” information of misconduct.  There is no military forum with the power to act on a medical license issued by a state board, meaning that if the state licensing boards do not act, no agency will.

In some states, anyone can file a complaint against health professionals licensed in that state.

Against psychologists licensed in New York

The NY Department of Education’s Office of Professional Discipline (OPD) is the agency charged with investigating and prosecuting professional misconduct of psychologists and all other non-medical health professionals.

NY State Psychology Laws, Rules and Regulations

NY State Psychology Board

Complaint Form

Instructions for Filing a Complaint

Complete a complaint form and send directly to the regional office nearest you or fax it to the main professional discipline office at 212-951-6537.  To speak with someone first, call the complaint hotline at 1-800-442-8106, contact the nearest regional office, or e-mail [email protected] for more information.

OPD confirms that the professional’s guilt need not be proven at the outset:

If you think you may have been the victim of professional misconduct, file a complaint form. The Office of the Professions will look into the complaint and determine if misconduct has occurred.

Following Up on a Complaint

[After you file a complaint,] [s]taff in the appropriate regional office follow up on each complaint. Members of the State Board for the profession may be consulted during the investigation. If substantial evidence of misconduct is found, we will pursue disciplinary action. Cases of illegal (unlicensed) practice may be handled administratively, or they may be referred after investigation to the State Attorney General for criminal prosecution. …

You may contact the investigator assigned to your complaint at any time during the investigation to learn about the status of your complaint. You will also be informed if the complaint has been referred for further action. …

Almost all investigations are completed within 9 months or less. The time needed to prosecute cases varies, although many cases are concluded through negotiated settlements. Complicated cases may take 2 years or more (from initial complaint to final action) to resolve. If you file a professional misconduct complaint, you will be informed of the status of your complaint and the final outcome.

Disciplinary Actions

… Minor forms of misconduct may be handled through advisory letters or administrative warnings issued by the Office of the Professions; these administrative actions are confidential. The penalties for more serious misconduct range from a fine to the revocation of the license to practice, in accordance with the nature of the misconduct and its consequences. The Board of Regents, which oversees the State Education Department and its Office of the Professions, reviews and takes final action on the most serious professional discipline cases.

If the disciplined professional’s license to practice has not been revoked or suspended, the Office of the Professions may monitor the professional to ensure that probationary terms–such as periodic employer reports or retraining courses–are met.

…  With limited exceptions, individuals who have surrendered their licenses or had their licenses revoked must wait at least three years to apply for license restoration. While the Board of Regents has the authority to restore a professional license, such restoration is not a right. The former licensee must prove that he or she is worthy of the privilege of having a professional license.

Professional Misconduct

Professional misconduct is the failure of a licensed professional to meet expected standards of practice.  The Board of Regents, which licenses individuals in 48 professions defined in Education Law, is responsible for the final disposition of all disciplinary matters. You may search our site by name or by month of action for summaries of final disciplinary actions.

Professional misconduct is defined in Education Law and in the Rules of the Board of Regents.  See list of relevant laws and regulations here. Professional misconduct includes the following:

• Engaging in acts of gross incompetence or gross negligence on a single occasion, or negligence or incompetence on more than one occasion
• Permitting or aiding an unlicensed person to perform activities requiring a license
• Refusing a client or patient service because of race, creed, color, or national origin
• Practicing beyond the scope of the profession
• Releasing confidential information without authorization
• Being convicted of a crime
• Failing to return or provide copies of records on request
• Being sexually or physically abusive
• Abandoning or neglecting a patient in need of immediate care
• Performing unnecessary work or unauthorized services …

A range of penalties that includes censure and reprimand, fines (up to $10,000 for each violation), suspensions and/or probationary terms may be imposed on licensees who have committed misconduct. The Board of Regents takes final action on the most serious cases of misconduct. In severe cases of misconduct, the Regents may revoke the professional’s license. Information on uncontested determinations in which a licensee has been assessed a fine for committing an infraction of a minor and technical nature are available by phone: 518-474-3817, fax: 518-474-1449 or e-mail: [email protected], or by writing to the Office of the Professions.

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For information on how to file a complaint against physicians, physician assistants and specialist assistants, see the NY Department of Health’s Office of Professional Medical Conduct and Physician Discipline (OPMC).