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To ensure public protection in New York State, the New York State Education Department's Office of the Professions (OP) investigates and prosecutes professional misconduct in all professions except medicine. Professional misconduct is the failure of a licensed professional to meet expected standards of practice. 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
• Practicing under the influence of alcohol or other drugs