The Sanders Firm, P.C. is committed to protecting the rights of civil service applicants and employees and ensuring full compliance with New York State’s Education Law.

We categorically reject the NYPD’s claim that it is exempt from the state’s professional licensing requirements when conducting psychological evaluations for the purposes of hiring, disqualification, or employment-related fitness determinations. This position is legally baseless and undermines the credibility and integrity of the public employment system.

Under New York Education Law §§ 7604 and 7605, only individuals who are licensed by the New York State Education Department (NYSED)—or who possess a valid limited permit and are under appropriate supervision—may lawfully practice psychology. The act of observing, evaluating, interpreting, diagnosing, or recommending disqualification based on mental fitness falls squarely within the statutory definition of psychological practice under § 7601-a(1).

Contrary to misleading interpretations, the Professional Policing Act (PPA) of 2021 and its implementing regulations in 9 NYCRR Part 6000 do not contain any language exempting law enforcement agencies or their contractors from these licensure requirements. Nor do these regulations function as licensing statutes. They establish administrative mandates—not legal authority to bypass the statutory framework governing the licensed professions.

Moreover, Education Law § 6512 makes the unlicensed practice of psychology a Class E felony, and § 6513 makes the unauthorized use of protected titles such as “psychologist” or “Dr.” a Class A misdemeanor. These provisions apply without exception to all individuals and entities operating within New York State.

The Sanders Firm, P.C. has uncovered and documented credible evidence that unlicensed individuals have performed psychological evaluations not only of NYPD applicants, but also of current officers and employees—including in contexts such as probationary dismissals, internal discipline, medical leave reviews, and so-called “fitness-for-duty” assessments. In each of these cases, unqualified individuals have issued findings that result in career-altering consequences under the false color of clinical authority. This is not a procedural irregularity; it is a direct violation of state law. We believe that both individual actors and institutional decision-makers must be held legally accountable.

We call on the Equal Employment Opportunity Commission (EEOC) and other relevant federal authorities to investigate whether the use of unlicensed individuals in civil service psychological evaluations violates national employment standards, including the Uniform Guidelines on Employee Selection Procedures (UGESP). At the state level, we call on the New York State Education Department (NYSED), the Office of the Professions, the Department of Civil Service, the Municipal Police Training Council (MPTC), and the New York State Legislature to take immediate enforcement action against all forms of unauthorized psychological practice in public employment. This includes not only applicant screenings, but any evaluative process affecting employment status, probationary standing, promotional eligibility, or ongoing fitness for duty. At the municipal level, we urge the New York City Council to conduct oversight and demand accountability from city agencies—especially the NYPD—who rely on unlawful, unlicensed evaluators under the guise of psychological fitness screening.

We further urge all oversight bodies—federal, state, and municipal—to reaffirm that psychological services rendered in public employment contexts must be provided only by duly licensed professionals acting in full compliance with Education Law, civil service protections, and applicable federal equal employment standards.

We will continue to investigate and litigate these unlawful practices to safeguard due process, preserve professional integrity, and ensure that no applicant, officer, or public employee is subjected to illegal and unregulated psychological evaluations.

If you believe you were assessed, disqualified, or disciplined based on an evaluation conducted by someone who is not a licensed psychologist in the State of New York, contact our office.