New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 17 - Disciplinary Proceedings In The Professions › Section 17.6 - Surrender of license

Current through Register Vol. 46, No. 28, July 10, 2024
Disciplinary proceedings conducted pursuant to the provisions
				  of title VIII of the Education Law may be disposed of in accordance with the
				  following procedure:
(a) A licensee
				who is under investigation or against whom charges have been voted, who wishes
				to surrender his or her license to practice any of the professions enumerated
				in title VIII, shall notify the director of the Office of Professional
				Discipline or that officer's designee.
(b) An application to surrender a license
				shall be based upon a statement that the licensee admits guilt to at least one
				of the acts of misconduct alleged or charged, in full satisfaction of all
				allegations or charges, or does not contest the allegations or charges, or
				cannot successfully defend against at least one of the acts of misconduct
				alleged or charged. If the director or the director's designee, a designated
				member of the State Board for the applicable profession, and the licensee agree
				to such statement, and if a designated member of the Board of Regents
				thereafter agrees to such statement, and if the Committee on the Professions
				thereafter agrees to such statement, a written application, signed by the
				licensee, shall be submitted to the Board of Regents. The application shall be
				in such form and shall contain such substance as is acceptable to the director
				of the Office of Professional Discipline or the director's designee. The
				provisions of this section shall apply to licensees subject to disciplinary
				proceedings conducted pursuant to title VIII of the Education Law. They shall
				be applicable to individuals licensed or registered pursuant to article 131 or
				131-B of title VIII of the Education Law for those cases in which charges of
				professional misconduct were served on or before July 26, 1991, the effective
				date of chapter 606 of the Laws of 1991. They shall also be applicable to
				licensees and registrants subject to article 137 of the Education Law. With
				respect to such licensees subject to article 131 or 131-B of title VIII of the
				Education Law, the agreement of the director of the Office of Professional
				Medical Conduct or that officer's designee and the Commissioner of Health or
				his or her designee to the statement, and their signature on the application,
				shall be required in lieu of the agreement and signature of the director of the
				Office of Professional Discipline. With respect to such licensees subject to
				article 131 or 131- B of title VIII of the Education Law, the term State Board
				as used in this section means the State Board for Professional Medical Conduct.
				With respect to licensees and registrants subject to article 137 of the
				Education Law, the agreement of the executive secretary of the State Board of
				Pharmacy to the statement and his or her signature on the application shall
				also be required.
(c) In the event
				the application is not granted by the Board of Regents, nothing contained
				therein shall be binding upon the licensee or construed to be an admission of
				any act of misconduct alleged or charged, and such application shall not be
				used against the licensee in any way. The application shall be kept in strict
				confidence during the pendency of the disciplinary proceeding. In addition, any
				such denial by the Board of Regents shall be made without prejudice to the
				continuance of any disciplinary proceeding and the final determination by the
				Board of Regents pursuant to the provisions of the Education Law.
(d) In the event the Board of Regents grants
				the application, the commissioner or his or her designee shall issue an order
				in accordance therewith.