2006 New York Code - 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  that  he  or  she  has  temporarily  withdrawn  from the practice of the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.