Frequently Asked Questions - Enforcement

You may verify a license through our online license verification service. If you need to contact OP directly about the status of a license, call 518-474-3817 Ext. 570, fax 518-474-1449, or for an e-mail response contact us. You can also contact the specific State board for the profession.

Please see the list of licensed professions for more information about the services offered by licensed professionals.

You may search our site by year, month, and profession for summaries of Regents disciplinary actions taken since 1994. You may also search for an individual's, entity's or establishment's status, and any applicable disciplinary actions, with our Online Verification Search. Applicable disciplinary information will be listed under the Enforcement Actions tab within the search results.

Complaints are accusations of professional misconduct; those that do not result in disciplinary action are confidential. Disciplinary records for physicians, physician assistants, and specialist assistants are available from the Department of Health's Office of Professional Medical Conduct at https://www.health.state.ny.us/nysdoh/opmc/main.htm.

If an action has been taken against a licensee or registrant for professional misconduct, you may contact OP's Public Information Unit by e-mail at dplsdsu@nysed.gov or call 518-474-3817 ext. 330 for a copy of the official disciplinary record.

"Good standing" means that the licensee is permitted to practice. Licensees who have been the subject of disciplinary action are considered to be in "good standing" unless they have had their license revoked or suspended.

Malpractice suits are different from complaints about professional misconduct. Malpractice is handled by the insurance and court systems; for information about malpractice actions, you may wish to contact your County Clerk's office or local court system.

You or your establishment will need to complete a complaint form (29 KB). Send the completed complaint form directly to the regional office closest to where the incident took place or fax it to our main professional discipline office at 212-951-6537.

If you would like to speak with someone first about professional misconduct or unlicensed practice, you may call 1-800-442-8106, contact our nearest regional office, or e-mail conduct@nysed.gov for more information. Please note, complaints must be submitted in writing and cannot be filed by phone. See instructions.

No. If you think you may have been the victim of professional misconduct, file a complaint form (29 KB). The Office of the Professions will investigate the complaint and determine if misconduct has occurred.

The Office of Professional Discipline does not have the authority to get involved in fee disputes; except for programs such as Worker's Compensation and Medicaid, where fees are set by law, licensees can charge whatever they believe appropriate. We can assist you, however, if you believe that you were charged for work that was not done or which was done poorly.

Staff in the appropriate regional office follow up on each complaint. Below briefly outlines steps that are taken after the Professional Discipline Complaint Form is received.

1. The complaint information is logged in and reviewed by the Office of Professional Discipline (OPD) regional office's Supervising Investigator.
2. Based on the complaint information:
   1. The Supervising Investigator officially opens a case, and a file is generated; or
   2. If it is found that the case is not within our jurisdiction or the complainant cannot provide proof of a violation, the case is immediately closed, and the complainant is notified as to why.
3. The Supervising Investigator assigns the case to a Senior Investigator.
4. The Senior Investigator begins fact gathering and interviews for the case, which also includes attempting to contact the complainant.
5. After the Senior Investigator has captured all the pertinent investigative findings, a three-way screening is conducted by the assigned Senior Investigator, a Prosecuting Attorney, and a NYS Board Member of the related profession. During the screening, a decision is determined if the case should move forward to Prosecutions for charges.
   1. If the case is found not to be a chargeable offense, the case is classified as a "No action" and assigned to the Director of Investigations for closing.

   2. If it is agreed that the case is a chargeable offense, it follows the review and approval flow of:

      Supervising Investigator → Deputy Director → Director of Investigations → OPD Executive Director

6. If the Executive Director for OPD approves the case for moving forward, it is closed in the Investigations Division and transferred to the Prosecutions Division of OPD to 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.

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.