New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.15 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Penalties.
Any person who engages in misconduct as defined in
				this Part shall be subject to one or more of the following penalties imposed by
				the commissioner, or as otherwise authorized by law:
(1) Administrative reprimand. Written notice
				citing an initial instance of misconduct or misconduct of a minor or technical
				nature. Such notice may include instructions to obtain remedial education and
				training, an assessment and any recommended course of therapy or treatment,
				supervision and/or payment of a fine within a stated period of time. Failure to
				comply with terms of an administrative reprimand within the specified time
				shall be grounds for suspension of the credential until the credentialed person
				submits documentation satisfactory to the Office establishing
				compliance.
(2) Suspension. A
				suspended credential is invalid until the terms and conditions of suspension
				are met.
(i) A credentialed professional
				whose credential has been suspended shall not use the title during the period
				of suspension.
(ii) A suspension
				does not stay, alter or extend the renewal period during which the suspension
				occurs. A credential expiring during the period of suspension may be extended
				pursuant to state administrative procedure law, provided a complete and timely
				renewal application pursuant to section
				853.11(a)(2)  of
				this Part was received by the Office.
(iii) Release of the suspension is subject to
				Office approval of documented compliance with any terms and conditions of the
				suspension. Conditions to end a suspension may include, but need not be limited
				to:
(a) completion of remedial education and
				training;
(b) supervised work
				experience;
(c) an assessment and
				completion of a course of therapy or treatment developed and approved by a
				qualified professional with expertise in the identified area of
				impairment;
(d) payment of any
				fines as determined by the Office.
(3) Denial of renewal. A credential renewal
				may be denied for a stated period of time and subject to terms and conditions.
				Conditions may include, but need not be limited to:
(i) completion of prescribed remedial
				education and training;
(ii)
				supervised work experience;
(iii)
				completion of a course of therapy or treatment developed and approved by a
				qualified professional with expertise in the identified area of
				impairment;
(iv) adjudication of
				any open complaint; and
(v)
				payment of any fees due or fines assessed as determined by the
				Office.
(4) Revocation.
				A credential may be revoked. A credentialed professional whose credential has
				been revoked pursuant to this section shall not engage in any professional
				activities authorized by the credential on and after the date of
				revocation.
(5) Denial of
				Application. A pending application by any person applying for a credential
				issued by the Office may be denied.