When someone reports that a doctor, nurse, or other medical professional sexually abused them, a state licensing board decides what happens to that provider’s license.
In New York, complaints against physicians, physician assistants, and specialist assistants go to the Office of Professional Medical Conduct. Complaints against nurses, dentists, psychologists, and other licensed providers go to the state Education Department’s Office of the Professions. These boards can suspend or revoke a provider’s license, but they cannot compensate you for any abuse you endured.
Who Handles Sexual Abuse Complaints Against Medical Professionals?
It depends on the provider’s license:
- Doctors, physician assistants, and specialist assistants: the Office of Professional Medical Conduct, reachable at 1-800-663-6114.
- Nurses, dentists, psychologists, and most other licensed providers: the Office of the Professions, reachable at 1-800-442-8106.
Both agencies require complaints to be made in writing.
What Happens After You File a Complaint?
Once your written complaint arrives, the board reviews it and, if it raises possible misconduct, assigns an investigator. The Office of Professional Medical Conduct is required to look into every complaint it receives, even an anonymous one. Investigators usually interview the person who complained, gather records, and may interview the provider.
Medical staff on the board weigh in on whether the conduct fell below accepted standards. Serious cases go before a hearing panel that includes both licensed medical professionals and non-medical laypeople. Your identity as a complainant is kept confidential, though a provider may sometimes guess the source of the complaint based on the details.
What Counts as Sexual Misconduct by a Medical Provider?
State law treats the willful harassment, abuse, or intimidation of a patient, whether physical or verbal, as professional misconduct. In the context of sexual abuse, that can include sexual contact during an exam, exam-room conduct that serves no medical purpose, sexual comments or advances, or using the trust of the provider role to exploit a patient.
Poor bedside manner or a rude tone is not misconduct on its own. Conduct of a sexual nature, however, can cross the line.
What Can a Licensing Board Actually Do?
A board has authority over the provider’s license and ability to practice. Depending on the findings, penalties can include:
- Revocation or suspension of the provider’s license
- Limiting the provider’s license
- Censure or reprimand
- Fines
- Probation with monitoring
What a board cannot do is award you damages for what you went through. For that, you would need to pursue a separate civil claim.
How a Licensing Complaint Differs From a Lawsuit
A licensing complaint protects the public by disciplining the provider. A civil lawsuit aims to make you whole again. Through a civil lawsuit, you can seek compensation for therapy and medical costs, lost income, and the harm you suffered.
A civil case can also reach beyond the individual provider to the hospital or clinic that carelessly hired or supervised the provider.
Criminal charges can also be brought against the provider by prosecutors, and they can lead to jail time. A licensing complaint and investigation, civil lawsuit, and criminal case can all occur at the same time.
Deadlines for a civil claim depend on the specific facts. Because these rules are detailed and fact-specific, get advice before you rely on any single deadline, and before you give a recorded statement that could affect a later case.
Frequently Asked Questions
Will the provider know I filed the complaint?
Your identity is kept confidential during the process. A provider may assume you are the source of the complaint based on the details, but the board does not simply hand over your name.
Can I file a complaint and still sue?
Yes. A licensing complaint and a civil lawsuit are separate. You can pursue both, and one does not preclude the other.
Does a licensing complaint get me compensation?
No. A board can discipline the license but cannot award you money. Compensation can be pursued through a civil claim.
Your Options After Abuse by a Medical Provider
Reporting to a licensing board can help protect other patients, but does not compensate you for the harm you suffered. If you were sexually abused by a medical professional, a civil claim may let you seek real compensation and hold a careless institution responsible too. Before you file complaints or give statements, get advice from an attorney so your first steps protect every option open to you.
Megan Thomas Law, PLLC works with survivors of sexual abuse and harassment and can help you weigh the paths available. Reach out for a free, confidential consultation for qualifying cases. Contact Megan Thomas Law.
The information provided in this post is for general informational purposes only and is not intended as legal advice. Viewing this post, commenting, or engaging with it does not create an attorney-client relationship.
Author Bio
Megan Thomas
Founder
Megan brings a plethora of experience and a wealth of information to support her clients. Megan worked mainly in litigation before serving as the first female General Counsel for the Onondaga County Water Authority. Megan believes that employees need an even playing field in order to meet their potential in the workplace. She works tirelessly to stand up for her clients’ rights and help them regain their power.
Currently, she serves on multiple boards, including the Rosamond Gifford Zoo, the Central New York Women’s Bar Association, and the Hiscock Legal Aid Society. In addition, Megan is a member of Women’s United and the New York State Bar Association. She also volunteers her time as a t-ball coach. Megan was a recipient of the 40 Under Forty award.
"*" indicates required fields
As Featured In
