N.Y. Education Law § 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that he or she has temporarily withdrawn from the practice of the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.