Berkowitz PhD Settlement - Professional Misconduct Inquiry

State of New Jersey

January 29, 2025 By Certified, Regular Mail and Email David L. Berkovitz, Ph.D. 349 Franklin Ave, Suite 208 Nutley, NJ 07119 dlbpsychology@yahoo.com Melanie Rowan Quinn, Esq. Malapero, Prisco, Klauber & Licata LLP Paramus Plaza IV 12 N State Route 17, Suite 212 Paramus, NJ 07652 mquinn@malaperoprisco.com Re: File #PSY-2019-07404 Modified Offer of Settlement In Lieu of Filing a Formal Disciplinary Action Dear Dr. Berkowitz: This letter is to advise you that the New Jersey State Board of Psychological Examiners (the Board) has had an opportunity to review information concerning allegations by a consumer which were found to be with basis. The Board is in receipt of information demonstrating that your interaction with the client was inappropriate in violation of N.J.S.A. 45:1:21(e) pertaining to professional misconduct. You responded to a prospective client failing to keep three appointments by stating, "You must have dementia." Thus, the Board has preliminarily found that probable cause exists to support a finding for professional misconduct in violation of N.J.S.A. 45:1:21(e). At this juncture, the Board has preliminarily concluded that the above violations are sufficient to warrant the initiation of formal disciplinary proceedings against you. Notwithstanding that decision, however, the Board has determined that it will first offer you an opportunity to settle this matter, and thereby avoid the initiation of disciplinary proceedings, should you consent to:

FILED

Date: February 3, 2026 Board of Psychological Examiners

124 HALSEY STREET, 6 FLOOR, NEWARK, NJ 07101 ∙ TELEPHONE: (973)504-6470 FAX: (973)792-4261 TH New Jersey is an Equal Opportunity Employer ∙ Printed on Recycled Paper and Recyclable STATE BOARD OF PSYCHOLOGICAL EXAMINERS DR. DALE G. CALDWELL JEREMY E. HOLLANDER MIKIE SHERRILL Lt. Governor Governor JENNIFER DAVENPORT Acting Attorney General DEPARTMENT OF LAW AND PUBLIC SAFETY Acting Director DIVISION OF CONSUMER AFFAIRS NEWARK, NJ 07101 PO BOX 45017

1. Cease and desist in the future from professional misconduct related to your interaction
   with clients.

2. Pay a civil penalty in the total amount of $250.00 (to be paid upon your signing of the
   acknowledgment at the bottom of this letter) for professional misconduct. Payment shall be sent by certified check, money order or bank cashier check payable to the State of New Jersey or by wire transfer, direct deposit or credit card payment deliver or mailed in care of the Board of Psychological Examiners, attention Benn Schulberg, Executive Director, P.O. Box 45017 Newark, New Jersey 07101. If you are willing to settle this matter on the offered settlement terms, you may do so by signing the acknowledgement at the bottom of this letter, and returning it to the Board office. Upon your signature, this letter will be a matter of public record. In the event you are unwilling to settle this matter on the offered terms, it will be referred to the Attorney General's office for the initiation of appropriate enforcement action. In such event, you will be afforded an opportunity to defend against the alleged violations. If an evidentiary hearing is deemed warranted the Board will either conduct that hearing at a date and time to be scheduled, or refer the matter to the Office of Administrative Law. You are advised, however, that in the event formal charges are filed, the Board may assess civil penalties in an amount greater than that herein offered settlement should any charges against you be sustained. Additionally, the Board may, if the facts are found to so warrant, enter an order, requiring you to reimburse certain monies and/or requiring you to pay costs incurred by the Board. Should you have any questions concerning this letter or the settlement offer herein, I suggest that you contact Deputy Attorney General, Tobey Palan who may be reached at (609) 696-5232. If you elect to settle this matter presently, you should sign the acknowledgment at the bottom of this letter and return it to the Board within fifteen (15) days following your receipt of this letter. In the event that the Board receives no response from you within fifteen (15) days, the Board's settlement offer will be withdrawn, and the matter will be referred to the Attorney General's Office for the initiation of appropriate enforcement proceedings. NEW JERSEY STATE BOARD OF PSYCHOLOGICAL EXAMINERS By: Benn Schulberg Executive Director

2/3/2026