March 22, 2020

Annette Palk
Supervising Medical Conduct Investigator
Office of Professional Medical Conduct
New York State Department of Health
Riverview Center
150 Broadway, Suite 355
Albany, New York 12204-2719

Emailed to [email protected] and faxed to (518)402-0866

Dear Ms. Palk:

This is to request that your office review the following information and provide me with a determination if
this physician licensed by your agency is in compliance with your agency’s standards and guidelines.

...... Back to L:J Select Hema

Physician ..... Search RuuHe Ci::J to print

Office locations:
Kelly Fink Brogan None reported
tlYS license Number: 236996 01-17-2017
Profile last updated by physician:
Date of NYS licensure: 07-15-2005
National Provider 10: 1316084700
• Education • Practice Info • Legal Actions • Professional Activities • Statement

• Field of Medicine • HIVSeMa!S • Offices • Languages Available • Health Plans

• Medicaid and Other Government Insurance Programs • Hospital Privileges

Field of Medicine
Last Updated 01·17·2017

Primary Field
Field
of Practice
Yes

Please click here to download a copy of Dr. Brogan’s publicly-posted CV, apparently dated 2014.

I first learned of Dr. Brogan via this March 19, 2020 article by investigative reporter Dean Sterling Jones,
This Goop Author is Spreading Discredited Pseudoscientific Theories About the Coronavirus:

Kelly Brogan, M.D., a New York Times bestselling author/psychiatrist who writes for Gwyneth
Paltrow’s alt-med Goop newsletter, has accrued over 30,000 views on Instagram by falsely claiming
the Coronavirus doesn’t exist. Her claims are based on the widely discredited theories of a notorious
German doctor accused of killing his patients

...(One) of Goop’s high-profile contributors is falsely claiming that the Coronavirus does not even
exist.

Kelly Brogan, M.D. — a Manhattan-based holistic psychiatrist and co-author of New York Times
bestselling book, “A Mind of Your Own: The Truth About Depression and How Women Can Heal
Their Bodies to Reclaim Their Lives” — made the claim in a March 16 video she originally shared
with subscribers of her online “health reclamation” programme, Vital Life Project, then
subsequently reposted on her personal site and social media accounts.

As of publication, the video has accrued approximately 30,000 views on Brogan’s Instagram
account, and has been shared hundreds of times on Facebook.

The video, A Message to Help Dispel Fear, is posted on Dr. Brogan’s website. Click here to download a copy.
Among other highlights of her 24-minute video advisory, Dr. Brogan -- a self-described “holistic
psychiatrist” who to my knowledge has no expertise in immunology – informs viewers (some of whom may
be current or former patients) that:

[14:00] She does not believe in the germ theory of disease, but she doesn’t “really know how that
happened for me...I just don’t believe it anymore.”

[12:00] "There is potentially no such thing as the coronavirus" because [13:09] “it’s not possible to
prove that any given pathogen has induced death.”

[13:40] That the current rising death toll caused by the coronavirus is “likely being accelerated by
the fear (of the virus) itself.” She also urges viewers not to believe mainstream news coverage of the
pandemic, but instead encourages them to seek alternative theories in order to [17:41] “feel that you
can live in a story that eases your fear and stablises your nervous system.”

[18:59] Dr. Brogan speculates that the United States government may be planning to "link our
passports to our vaccination records and restriction of travel" and which could lead to "totalitarian
governmental control that is not unlike the divide-and-conquer dehumanization agendas that
preceded the Holocaust."

Dr. Brogan’s website biography page includes these highlighted representations:

C 11} 181 8 IIV Ii https://kellybroganmd,com/aboul/bio/ I!I 110%

TinyURL! " Twitter 11Faeebook Il! Google News <D Google Translate Web .., 9 PMH prolle Q} Home I Scribd "Google Voice !

810 & CREDENTIALS

About Dr. Kelly Brogan

Kelly Brogan, M.D. is a holistic psychiatrist, author of the NY
Times Bestselling book, A Mind of Your Own, Own Your
Self, the children's book, A Time For Rain, and co-editor of
the landmark textbook, Integrative Therapies for
Depression. She is the founder of the online healing
program Vital Mind Reset, and the membership community,
Vital Life Project. She completed her psychiatric training
and fellowship at NYU Medical Center after graduating from
Cornell University Medical College, and has a B.S. from
M.I.T.in Systems Neuroscience. She is board certified in
Rsychiatry, Rsychosomatic medicine, and integrative holistic medicine, and is specialized in
a root-cause resolution approach to psychiatric syndromes and symptoms. She is on the

Training
• Board Certified in Integrative Holistic Medicine,~BI@

• Board Certified in Psychosomatic Medicine/ Consultation Psychiatry,lABPNJ

• Board Certified in Psychiatry,rABPNj

 Re: Dr. Brogan’s representations that she is “Board Certified in Psychiatry” and “Board Certified in
Psychosomatic Medicine/Consultation Psychiatry” by ABPN (the American Board of Psychiatry and
Neurology), according to that organization’s Certification and Status Verification System on March 20,
2020:

--
Name: Brogan, Kellv M.D. City: Tuckahoe State: NY

Specialty or Subspecialty Certification History Status as of 3/20/2020

Psychiatry Certified on 09/11/2009 Certification Status: Not Certified -
Certificate No. 60255 certificate valid through MOC Status: Not Meeting MOC Requirements

-
12131/2019 Clinical Status: unknown
Psychosomatic Certified on 06/0612011 Certification Status: Not Certified
Med/Consultation-Liaison certificate valid through MOe Status: Not Meeting MOe Requirements
Psychiatry· 12131/2021 Clinical Status: Unknown
Certificate No. 1091

Re: Dr. Brogan’s representation that she is “Board Certified in Integrative Holistic Medicine” by ABIHM
(the American Board of Integrative Holistic Medicine), according to a September 18, 2013 article by the
organization’s executive director, Nancy Sudak MD, it’s unclear if ABIHM still exists:

The ABIHM has offered the only peer reviewed, psychometrically validated exam in comprehensive
integrative holistic medicine since 2000, setting a standard for knowledge of integrative holistic
medicine for MD’s and DO’s as an independent board.

The American Board of Integrative Medicine (ABoIM) is the emerging board that is overseen by the
American Board of Physician Specialties (ABPS), and will require a fellowship level of training in
Integrative Medicine to sit for their exam.

In recognition of the new standard being set by the ABoIM, the ABIHM is discontinuing its board
certification exam exclusive to MDs and DOs after February 2014.

Thank you for reviewing the above information and I look forward to receiving the results of your findings.

Sincerely,

Peter M. Heimlich
[REDACTED]
Peachtree Corners, GA 30096 USA
ph: (208)474-7283
e-mail: [email protected]
website: http://medfraud.info
blog: http://the-sidebar.com
Twitter: https://twitter.com/medfraud_pmh
bio: http://tinyurl.com/ych7o7dr
 WYORK Department
TEOF
ORTUNITY.
of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D. LISA J. PINO, M.A., J.D.
Governor Commissioner Executive Deputy Commissioner

November 24, 2020

Peter M. Heimlich
3630 River Hollow Run
Peachtree Corners, GA 30096

OPMC # NY-20-03-1787

Dear Mr. Heimlich:

The Office of Professional Medical Conduct (OPMC) has received your information
regarding Kelly Brogan, M.D. The issues you raise fall within the jurisdiction of this office and
will be investigated.

Your information will be reviewed by an OPMC investigator, who may be reached at the
following address:

NYS Department of Health

Office of Professional Medical Conduct
Metropolitan Area Regional Office - New York City
90 Church Street, 4th Floor
New York, NY 10007
Attn: Sondra Stoss
Regional Program Director - MARO
212-417-4900

During this process the assigned investigator may contact you directly. Thank you for
bringing this matter to our attention.

Sincerely,

NM Cancelliere, RN
Nurse Investigator
Central Intake Unit
Office of Professional Medical Conduct

EmpJre State Plaza, Corning Tower, Albany, NY 12237 i health.ny.gov

2/26/24, 1:41 AM Final Actions

Physician
Physician Information
Search
Physician
Records

Physician Last Brogan

Name:
Physician First Kelly
Name:
Physician Middle Fink
Name:
Address: Address redacted

License Number: 236996

License Type: MD

Year of Birth: 1978

Effective Date: 12/12/2023

Action License surrender.

Description for
DOH Webpage:
Misconduct The physician did not contest the allegations, in full satisfaction of the charges of
Description for misconduct, by failing to maintain accurate patient medical records regarding one
DOH Webpage: patient.
License
Limitations or
Conditions for
DOH Webpage:
Board Order:

BRD 236996.pdf

Return to Welcome Page

Return to Professional Misconduct and Professional Discipline

https://apps.health.ny.gov/pubdoh/professionals/doctors/conduct/factions/PhysicianDetailsAction.action?finalActionId=13579 1/1
 WYORK Department
TEOF
ORTUNITY_
of Health
KATHY HOCHUL JAMES V. McDONALD, M.D., M.P.H. JOHANNE E. MORNE, M.S.
Governor Commissioner Acting Executive Deputy Commissioner

December 5,2023

CERTIFIED MAIL-RETURN RECEIPT REQUESTED

Re: License No. 236996

Dear Dr. Brogan:

Enclosed is a copy of the New York State Board for Professional Medical Conduct (BPMC) Order
No. 23-253. This order and any penalty provided therein goes into effect December 12, 2023.

You are required to deliver your license and registration within 5 days of the effective date
of the surrender provision to: clo Physician Monitoring Unit, NYS DOH - OPMC, Riverview Center,
Suite 355,150 Broadway, Albany, NY 12204-2719.

If your license is framed, please remove it from the frame and only send the parchment paper
on which your name is printed. Our office is unable to store framed licenses.

If the document(s) are lost, misplaced or destroyed, you are required to submit to this office an
affidavit to that effect. Please complete and sign the affidavit before a notary public and return it to the
Office of Professional Medical Conduct. The enclosed Board Order checklist requires your review and
compliance as it relates to your Order.

Please direct any questions to: NYS DOH - OPMC, Riverview Center, Suite 355, 150 Broadway,
Albany, NY 12204-2719, telephone # (518) 402-0846.

Sincerely,

David Besser, M.D.

Executive Secretary
Board for Professional Medical Conduct

Enclosure

cc: David M. Dince, Esq.

Aaronson, Rappaport, Feinstein & Deutsch, LLP.
600 Third Avenue, 5th Floor
New York, New York 10016

Empire State Plaza, Corning Towel', Albany, NY 12237 i health.ny.qov

, ,.

NEW YORK STAiE DEPARTMENTOf HEALTH

.STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT BPMC No. 23-253
IN THE MATTER
SURRENDER
OF
ORDER
KELLY FtNK BROGAN, M.D.

Upon the application of (Respondent) KELLY FINK BROGAN, M.D. to surrender the

Respondent's IIGense as a physician In the State of New York, which is made a part of this

Surrender Order, it Is

ORDERED, that.the Surrender, and .Itstenns, are adopted and ltls further

ORDERED, that Respondent's name be stricken ~rom the roster of physIcians In the

State 'of New York; it is further

ORDERED, that this Order shall.he effective upon Issuance by the Board, either

"& by maHing of a copy of this Surrender Order, either by first class maU to

Respondent at the address In the attached Surrender of License application

or by certified-mail to Respondent's attomeyj--QR_

.. upon facsimile transmission to Respondent or Respondent's attorney,

Whichever is first,

SO ORDERED.

DATE: 12/04/2023
THOMAS
Chair
State Board for Professional Medical Conduct
• • If

1
NEW YORK STATE DEPARTMENT OF HEALTH
STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

IN THE MATTER SURRENDER

OF .r: SbENSE
L.__ K_E_L_L_y_F_IN_K_B_R_O_G_A_N_,_M_._D_. ----.I ~~gER

KELL Y FINK BROGAN, M.D., represents that all of the following statements are

true:

That on or about July 15, 2005, I was licensed to practice as a physician in the

State of New York, and issued License No. 236996 by the New York State Education

Department.

My current address'

.1 understand that the New York State Board for Professional Medical Conduct

(Board) has charged me with one or more specifications of professional misconduct, as set

forth in a Statement of Charges, marked as Exhibit "A", which Is attached to and part of

this Surrender of License.

I am applying to the State Board for Professional Medical Conduct for permission to

surrender my license as a physician in the State of New York on the grounds that I agree

not to contest the allegations, in full satisfaction of the charges against me.

lask the Board to accept my Surrender of License, and I agree to be bound by all of

the terms set forth in attached Exhibit "B P

•

I understand that, if the Board does not accept my 'Surrender of License, none of its

terms shall bind me or constitute an admission of any of the acts of misconduct alleged;
 2
this application shall not be used against me In any way and shall be kept in strict

confidence; and the Board's denial shall be without prejudice to the pending disciplinary

proceeding and the Board's final determination pursuant to the Public Health Law.

I agree that, if the Board accepts my Surrender of License, the Chair of the Board

shall issue a Surrender Order in accordance with its terms. I agree that this Order shall

take effect upon its issuance by the Board, either by mailing of a copy of the Surrender

Order by first class mail to me at the address in this Surrender of l.lcense, or to my

attorney by certified mall, or Upon facsimile transmission to me or my attorney, whichever

is first. The Surrender Order, this agreement, and all attached exhibits shall be public

documents, with only patient identities or other confidential lnformatlon, if any, redacted.

As public documents, they may be posted on the Department's website{s). OPMC shall

report this action to .the National Practitioner Data Bank, the Federation of State Medical

Boards, and any other entities that the Director of OPMC shall deem appropriate.
I ask the Board to accept this Surrender of License, which I- submit of my own free

will and not under duress, compulsion or restraint. In consideration of the value to me of

the Board's acceptance of this Surrender of License, allowing me to resolve this matter

without the various risks and burdens of a hearing on the merits, 1knowingly waive my

right to contest the Surrender Order for which I apply, whether administratively or judicially,

and I agree to be bound by the Surrender Order.

I understand and agree that the attorney for the Department, the Director of the

Office of Professional Medical Conduct and the Chair of the State Board for Professional

Medical Conduct each retain complete discretion either to enter into the proposed
· '.

3
agreement and Order, based upon my application, efta decline to do so. I further

understand and agree that no prior Of separate written or oral communication can limit that

dlscretlon.

DATE 11/28/2023·
KELLY FINK BROGAN, M.D.
RESPONDENT
 4
The undersigned agree to Respondent's attached Surrender of License and Order
and to its proposed penalty, terms and conditions.

OATE: \ l\V~\ 1--'S

DA M. DINCE, ESQ.
Attorney for Respondent

DATE: 29 November 2023

DAVIDW.
Associate Attorney
Bureau of Professional Medical Conduct

DATE: 12/04/2023
Director
Office of Professional Medical Conduct
EXHIBIT" A"
NEWYORKSTATE DEPARTMENT OF HEALTH
STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT

STATEMENT
IN THE MATIER
OF
OF
CHARGES
KELLY FINK BROGAN, M.D.

KELLY FINK BROGAN, M.D., the Respondent, was authorized to practice medicine
in New York State on or about July 15, 2005, by the issuance of llcense number 236996

by the New York State Education Department.

FACTUAL ALLEGATIONS

A. During the periods between in or about 2009 through in or about 2015,

Respondent failed to maintain an adequate medical record regarding Respondent's care

of Patient A (Patient A is identified in the Appendix).

SPECIFICATION OF CHARGE

FIRST SPECIFICATION
FAILURE TO MAINTAIN RECORDS

RespondenU;> charged with commijtj09__Qrofessional mlsconductas gefjl1ed in N.Y.

Edue. Law § 6530(32) by failing to maintain a re~ord for each patient which accurately

reflects the evaluation and treatment of the patient, as alleged in the facts of:

1. The facts in Paragraph A.

DATE: November 'Zq,2023
Albany, New York

Bureau of Professional Medical Conduct

 EXHIBIT "B"

Requirements for Closing a Medical Practice Following a

Revocation. Surrender, Limitation or Suspension of a Medical License

l, Licensee shall immediately cease and desist from engaging in the practice of
medicine in New York State, or under Licensee's New York license, in
accordance with the terms of the Order. In addition, Licensee shall refrain from
providing an opinion as to professional practice or Its application and from
representing that Licensee is eligible to practice medicine ..

2. Within 5 days-of the Order's effective date, Licensee shall deliver Licensee's
oriqinal llcense to practice mediolne ·in New York State and current biennial
registration to the Office of Professional Medical Conduct (OPMC) at Riverview
Center, 150 Broadway, Suite 355, Albany, New York 12204-2719.

3. Within 15 days of the Order's effective date, Licensee shall notify all patients of
the cessation or limitation of Licensee's medical practice, and shall refer all
patients to another licensed 'practicing physician for continued care, as
appropriate. Licensee shall notify, in writing, each health care plan with which
the licensee contracts or is employed, and each hospital where Licensee has
privileges, that Licensee has ceased medical practice. Within 45 days of the
Order's effective date, Licensee shall provide OPMC with written documentation
that all patients and hospitals have been notified of the cessation of Licensee's
medical practice. .

4. Licensee shall make arrangements for the transfer and maintenance of all
patient medical records. Within 30 days of. the Order's effective date, Licensee
shall notify OPMC of these arrangements, including the name, address, and
telephone number of an appropriate and acceptable contact person who shall
have access to these records. Original records shall be retained for at least 6
years afterthelast date of service rendere-d-to a patient or, in the case-ot-a-
minor, for at least 6 years after the last date of service or 3 years after the
patient reaches the age of majority, whichever time period is longer, Records
shall be maintained in a safe and secure place that is reasonably accessible to
former patients. The arrangements shall include provisions to ensure that the
information In the record is kept confidential and is available only to authorized
persons. When a patlent or a patient's representative requests a copy of the
patient's medical record, or requests that the original medical record be sent to
another health care provider, a copy of the record shall be promptly provided or
forwarded at a reasonable cost to the patient (not to exceed 75 cents per paqe.)
Radioqraphlc, sonoqraphlc and similar materials shall be provided at cost. A
qualified person shall not be denied access to patient information solely because
of an inability to pay.

5. In the event that Licensee holds a Drug Enforcement Administration (DEA)

certificate for New York State .• Licensee shall, within 15 days of the Order's
 effective date, advise the DEA, in writing, of the licensure action and shalf
surrender Licensee's DEA controlled substance privileges for New York State to
the DEA. Licensee shall promptly surrender any unused DEA #222 U.S. Official
Order Forms Schedules 1 and 2 for New YorkState to the DEA. All submissions
to the DEA shall be addressed to Diversion Program Manager, New York Field
Division, U.S. Drug Enforcement Administration, 99 Tenth Avenue, New York,
NV 10011. .

6. Within 15 days of the Order's effective date, Licensee shall return any unused
New York state official prescription forms to the Bureau of Narcotic Enforcement
of the New York State Department of Health. If no other licensee is providing
services at Licensee's practice locanon, Licensee shall property dispose of all
medications.

7. Within 15 days of the Orders effective date, Licensee shall remove from the
public domain any representation that Licensee is eligible to practice medicine,
including atl related signs, advertisements, professional listings (whether in
telephone directories, Internet or otherwise), professional stationery or billings.
Licensee shall not share, occupy, or use office space In which another licensee
provides health care services.

8. Licensee shall not charge, receive or share any fee or distribution of dividends
for professional services rendered by Licensee or others while Licensee is .
barred from engaging in the practice of medicine. licensee may be
compensated for the reasonable value of services lawfully rendered, and
disbursements incurred on a patient's behalf, prior to the Order's effective date.

9. If Licensee is a sharehofder.in any professional servIce corporation organized to

engage in the practice of medicine, LIcensee shall divest all financial Interest in
the professional services corporation, in accordance with New York Business
Corporation Law. Such divestiture shall occur within 90 days. If Licensee is the
sole shareholder in-a professional services corporation-the corporation must be··
dissolved or sold within 90 days of the Order's effective date.

10. Failure to comply with the above directives may result in a civil penalty or
criminal penalties as may be authorized by governing law. Under N.Y. Educ.
Law § 6512, it is a Class E Felony, punishable by Imprisonment for·up to 4
years; to practice the profession of medicine when a professlonal Ilcense has
been suspended, revoked or annulled. Such punishment is 1J1 addition to the
penalties for professional misconduct set forth in N.Y. PUb. Health Law § 230-a,
which Include fines of up to $10,000 for each specification of charges of which
the LIcensee Is found guilty, and may include revocation of a suspended license.