New York · State Board for Psychology

What Happens When a Complaint Is Filed Against a Psychologist in New York

Receiving word that a complaint has been filed against you is unsettling for any psychologist. In New York, a single complaint is enough to open an inquiry, and the letter often arrives with little context. Understanding who handles the matter, what the law actually requires, and what the early stages look like can replace a great deal of that uncertainty with a clear picture of the road ahead.

Who handles complaints against psychologists in New York

New York is unusual. In most states a single professional board investigates and disciplines its own licensees, but here the responsibility is split. Complaints against physicians, physician assistants and specialist assistants go to the State Department of Health's Office of Professional Medical Conduct. Complaints against psychologists — and almost every other licensed profession — are handled by the New York State Education Department's Office of the Professions.

Within the Office of the Professions, the investigative and prosecutorial arm is the Office of Professional Discipline (OPD). The State Board for Psychology, one of the state boards that advises the Department, does not investigate complaints itself; its professional members instead sit on the hearing panels that later decide contested cases. Final disciplinary decisions rest with the Board of Regents, which oversees the Education Department. So although a title may refer loosely to the “State Board for Psychology,” the machinery that actually processes a complaint is OPD, the State Board, and the Regents working in sequence.

How a complaint reaches the Office of Professional Discipline

Under Education Law §6510, a complaint of professional misconduct may be made by any person to the Education Department, and the Department must investigate each complaint that alleges conduct constituting misconduct. Complaints against psychologists most often come from clients or former clients, family members, colleagues, employers or, occasionally, insurers. They can also arrive as referrals — from other agencies, from the courts after a criminal conviction, or from the Attorney General's office.

Complaints must be made in writing; OPD does not open matters on the strength of a phone call alone. A complainant is usually asked to describe what happened and, where relevant, to sign an authorization releasing treatment records so the investigation can proceed. From your side, the first sign is typically a letter from an OPD investigator asking for records or a written account.

What counts as professional misconduct

Not every complaint describes conduct the law treats as misconduct. Education Law §6509 and the Rules of the Board of Regents (8 NYCRR Part 29) together set out more than forty categories, from practising with gross negligence, gross incompetence or negligence on more than one occasion, to fraud, moral unfitness, and practising beyond the authorized scope of the profession.

For psychologists, the categories that surface most often are boundary and dual-relationship issues, breaches of confidentiality, exploiting the client relationship for financial or personal gain, inadequate record-keeping, and practising outside one's area of competence. Part 29 also captures willfully harassing, abusing or intimidating a client and revealing personally identifiable information obtained in a professional capacity without consent. A complaint that does not fit any recognized category can be closed at an early stage.

The first stage: investigation and review

Once a complaint is received, OPD investigates. An investigator may contact your practice, request copies of the relevant records, ask for a signed written statement, and in some cases require you to answer questions on the record. The results are then referred to a professional conduct officer designated by the Board of Regents.

The officer applies a specific test. If there is not substantial evidence of professional misconduct, or if further proceedings are not warranted, no further action is taken and the matter ends. If, after consulting a professional member of the State Board for Psychology, the officer finds substantial evidence and decides that proceedings are warranted, the case moves forward to charges. Many complaints do not get past this filter — but the ones that do should be taken seriously from the outset.

Possible early outcomes

An early-stage matter can resolve in several ways. It may be dismissed for lack of substantial evidence. A minor or technical issue — an isolated advertising or record-keeping lapse that does not affect public safety — may be handled through expedited procedures before a violations committee, which can issue a censure and reprimand and a limited fine. Where the evidence points toward discipline, the Department may offer a consent order as an alternative to a full hearing, allowing the matter to be settled on agreed terms.

If the complaint touches on alcohol or substance use rather than harm to a client, the Office of the Professions also runs a confidential Professional Assistance Program that allows eligible licensees to step back and complete treatment. What you should not do is treat any of these routes as a formality: each has consequences for your license and your record, and each rewards a prepared, reflective response.

This article is general information for licensed psychologists in New York and does not constitute legal advice. Regulatory processes and the law can change, and every case turns on its own facts. If you are the subject of a complaint or investigation, seek advice from a qualified professional-license attorney or your defense organization. Last updated July 7, 2026.