NY Educ L § 6510-B (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 130* - General Provisions Sub Art. 3 - Professional Misconduct. 6510-B - Temporary Surrender of Licenses During Treatment for Drug or Alcohol Abuse.

§ 6510-b. Temporary surrender of licenses during treatment for drug or   alcohol  abuse. 1. The license and registration of a licensee who may be   temporarily incapacitated  for  the  active  practice  of  a  profession   licensed  pursuant  to title eight of this chapter, except professionals   licensed pursuant to article  one  hundred  thirty-one  or  article  one   hundred thirty-one-b thereof, and whose alleged incapacity is the result   of  a problem of drug or alcohol abuse which has not resulted in harm to   a patient or client, may be voluntarily surrendered to  the  department,   which may accept and hold such license during the period of such alleged   incapacity  or  the  department may accept the surrender of such license   after agreement to conditions to be met prior to the restoration of  the   license.   The  department  shall  give  written  notification  of  such   surrender to the licensing authorities of any other state or country  in   which  the  licensee  is  authorized  to  practice.  In  addition to the   foregoing, the department shall also give written notification  of  such   surrender,  for  professionals licensed pursuant to articles one hundred   thirty-two, one  hundred  thirty-three,  one  hundred  thirty-five,  one   hundred  thirty-seven, one hundred thirty-nine and one hundred forty-one   of this chapter to the commissioner of health or his designee, and where   appropriate to each hospital at which the professional  has  privileges,   is  affiliated,  or  is  employed.  The  licensee  whose  license  is so   surrendered shall notify all persons who request  professional  services   that  he  or  she  has  temporarily  withdrawn  from the practice of the   profession. The department  may  provide  for  similar  notification  of   patients  or  clients  and  of  other interested parties, as appropriate   under   the   circumstances   of   the   professional    practice    and   responsibilities  of the licensee. The licensure status of such licensee   shall be "inactive" and he or she shall not be  authorized  to  practice   the  profession  and shall refrain from practice in this state or in any   other state or country. The voluntary surrender shall not be  deemed  to   be  an  admission of disability or of professional misconduct, and shall   not be used as evidence of a violation of subdivision three or  four  of   section  sixty-five  hundred  nine  of this chapter, unless the licensee   practices while the license is "inactive"; and any such  practice  shall   constitute  a  violation  of  subdivision  eight  of  said  section. The   surrender of  a  license  under  this  subdivision  shall  not  bar  any   disciplinary  action  except  action based solely upon the provisions of   subdivision three or four of section sixty-five  hundred  nine  of  this   chapter,  and  only  if no harm to a patient has resulted; and shall not   bar any civil or criminal action or proceeding which  might  be  brought   without  regard  to  such  surrender.  A  surrendered  license  shall be   restored upon a showing to the satisfaction of the department  that  the   licensee is not incapacitated for the active practice of the profession,   provided  that  the department may, by order of the commissioner, impose   reasonable conditions on the licensee, if it determines that because  of   the  nature  and  extent  of  the  licensee's  former  incapacity,  such   conditions are necessary to protect the health, safety  and  welfare  of   the  public.  Prompt  written  notification of such restoration shall be   given to all licensing bodies  which  were  notified  of  the  temporary   surrender of the license.2.  There  shall  be  appointed within the department, by the board of   regents, a committee on drug and alcohol abuse, which shall  advise  the   board  of  regents  on  matters  relating  to  practice  by professional   licensees  with  drug  or  alcohol  abuse  problems,  and  which   shall   administer  the  provisions  of this section. The board of regents shall   determine the size, composition, and terms of office of such  committee,   a  majority  of  the members of which shall be persons with expertise in   problems of drug or alcohol abuse. The committee shall recommend to  the    board  of  regents such rules as are necessary to carry out the purposes   of this section,  including  but  not  limited  to  procedures  for  the   submission  of  applications  for the surrender of a license and for the   referral  of  cases for investigation or prosecution pursuant to section   sixty-five hundred ten of this article if a  licensee  fails  to  comply   with  the conditions of an approved program of treatment. There shall be   an executive secretary appointed by the board of regents to  assist  the   committee.  The  executive  secretary shall employ, or otherwise retain,   the  services  of  a  registered  professional  nurse  with  appropriate   qualifications  in  substance  abuse  and  addiction  to  assist  in the   implementation of the program authorized by section  six  thousand  five   hundred  ten-c of this article. Determinations by the committee relating   to licensees shall be made by panels of at least three  members  of  the   committee   designated  by  the  executive  secretary,  who  shall  also   designate a member of the state board for the licensee's  profession  as   the  ex-officio  non  voting  member  of  each  panel.  In the case of a   determination relating to a licensed nurse, at least  one  panel  member   must be a registered professional nurse licensed by the state.3. Application for the surrender of a license pursuant to this section   shall  be  submitted  to  the  committee,  and shall identify a proposed   treatment or rehabilitation program, and shall include a consent to  the   release  of  all  information concerning the licensee's treatment to the   committee. All information concerning an  application,  other  than  the   fact  of  the  surrender  of  the  license  and the participation in the   program and the successful completion or failure of or  withdrawal  from   the  program, shall be strictly confidential, and may not be released by   the committee to any person or body without the consent of the licensee.   The immunity from disciplinary action conferred by this section shall be   conditioned upon the approval of the treatment or rehabilitation program   by the committee and its successful completion by the applicant and  the   elimination  of  the  incapacity to practice. Approval of a treatment or   rehabilitation  program  by  the  committee  shall  not   constitute   a   representation  as  to  the probability of success of the program or any   assumption of financial responsibility for its costs.4. The immunity from disciplinary action conferred by this section may   be revoked by the committee upon a finding that the licensee has  failed   to  successfully complete the program or that the incapacity to practice   has not been eliminated. Such revocation shall be made only after notice   and an opportunity to be heard, but no  adjudicatory  hearing  shall  be   required.  The  matter  shall  be  referred  for appropriate proceedings   pursuant to section sixty-five hundred ten of this chapter. The  license   must   be  returned  unless  charges  are  served  pursuant  to  section   sixty-five hundred ten within thirty days after the  revocation  of  the   approval of the special treatment afforded by this section.5.  The  commissioner  is authorized to adopt regulations to carry out   the purposes of this section, including but not limited to the notice of   temporary inactive status to be required in  different  professions  and   practice  situations and the measures required upon temporary withdrawal   from practice.6. No individual who serves as a member of a committee  whose  purpose   is  to  confront  and  refer  either  to  treatment or to the department   licensees who are thought to be suffering from alcoholism or drug  abuse   shall  be  liable for damages to any person for any action taken by such   individual provided such action was taken without malice and within  the   scope  of  such individual's function as a member of such committee, and   provided further  that  such  committee  has  been  established  by  and   functions   under   the   auspices  of  an  association  or  society  of   professionals authorized to practice under this title. 7. In addition to the provisions of section two thousand eight hundred   three-e of the public  health  law,  any  entity  licensed  pursuant  to   articles  thirty-six, forty and forty-four of the public health law, and   any mental hygiene facilities, and  correctional,  occupational,  school   and  college  health  services  shall  provide a report to the office of   professional  discipline  when  there  is  a  suspension,   restriction,   termination,  curtailment  or resignation of employment or privileges in   any way related to a licensed nurse that is impaired when the impairment   is alleged to have been caused by a drug-related  problem.  Any  person,   facility,  or  corporation which makes a report pursuant to this section   in good faith shall have immunity from any liability, civil or criminal,   for having made such a  report  except  where  the  conduct  constitutes   negligence,  gross negligence or intentional misconduct. For the purpose   of any proceeding, civil or criminal, the  good  faith  of  any  person,   facility  or  corporation  required  to make a report shall be presumed.   Such presumption may be rebutted by any competent evidence.8. Notwithstanding  any  other  provision  of  law,  the  license  and   registration  of a licensed dentist or pharmacist who may be temporarily   incapacitated for the  active  practice  of  their  profession  licensed   pursuant   to   articles   one  hundred  thirty-three  and  one  hundred   thirty-seven of this title and whose alleged incapacity is the result of   a problem of drug or alcohol abuse which has not resulted in harm  to  a   patient  or  client,  may  be voluntarily surrendered to, or voluntarily   offered for any alternative disposition with the department,  which  may   accept  and  hold  such  license or make any other disposition regarding   such  license  deemed  appropriate  under  the  circumstances,  if   the   department  determines  the  health  and  safety  of  the public will be   adequately  protected  thereby,  during  the  period  of  such   alleged   incapacity.  The  department  may  accept  the surrender of such license   after agreement to conditions to be met prior to the restoration of  the   license  or  the department may treat the license as not surrendered and   may impose conditions to allow the licensee to retain the  license.  All   other  provisions of this section shall be applied to the professions of   dentistry and pharmacy in conformity with this subdivision.