§ 6510-b. Temporary surrender of licenses during treatment for drug or\nalcohol abuse.
1.The license and registration of a licensee who may be\ntemporarily incapacitated for the active practice of a profession\nlicensed pursuant to title eight of this chapter, except professionals\nlicensed pursuant to article one hundred thirty-one or article one\nhundred thirty-one-b thereof, and whose alleged incapacity is the result\nof a problem of drug or alcohol abuse which has not resulted in harm to\na patient or client, may be voluntarily surrendered to the department,\nwhich may accept and hold such license during the period of such alleged\nincapacity or the department may accept the surrender of such license\nafter agreement to conditions to be met prior to the restoration of the\nlicense.
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§ 6510-b. Temporary surrender of licenses during treatment for drug or\nalcohol abuse. 1. The license and registration of a licensee who may be\ntemporarily incapacitated for the active practice of a profession\nlicensed pursuant to title eight of this chapter, except professionals\nlicensed pursuant to article one hundred thirty-one or article one\nhundred thirty-one-b thereof, and whose alleged incapacity is the result\nof a problem of drug or alcohol abuse which has not resulted in harm to\na patient or client, may be voluntarily surrendered to the department,\nwhich may accept and hold such license during the period of such alleged\nincapacity or the department may accept the surrender of such license\nafter agreement to conditions to be met prior to the restoration of the\nlicense. The department shall give written notification of such\nsurrender to the licensing authorities of any other state or country in\nwhich the licensee is authorized to practice. In addition to the\nforegoing, the department shall also give written notification of such\nsurrender, for professionals licensed pursuant to articles one hundred\nthirty-two, one hundred thirty-three, one hundred thirty-five, one\nhundred thirty-seven, one hundred thirty-nine and one hundred forty-one\nof this chapter to the commissioner of health or his designee, and where\nappropriate to each hospital at which the professional has privileges,\nis affiliated, or is employed. The licensee whose license is so\nsurrendered shall notify all persons who request professional services\nthat he or she has temporarily withdrawn from the practice of the\nprofession. The department may provide for similar notification of\npatients or clients and of other interested parties, as appropriate\nunder the circumstances of the professional practice and\nresponsibilities of the licensee. The licensure status of such licensee\nshall be "inactive" and he or she shall not be authorized to practice\nthe profession and shall refrain from practice in this state or in any\nother state or country. The voluntary surrender shall not be deemed to\nbe an admission of disability or of professional misconduct, and shall\nnot be used as evidence of a violation of subdivision three or four of\nsection sixty-five hundred nine of this chapter, unless the licensee\npractices while the license is "inactive"; and any such practice shall\nconstitute a violation of subdivision eight of said section. The\nsurrender of a license under this subdivision shall not bar any\ndisciplinary action except action based solely upon the provisions of\nsubdivision three or four of section sixty-five hundred nine of this\nchapter, and only if no harm to a patient has resulted; and shall not\nbar any civil or criminal action or proceeding which might be brought\nwithout regard to such surrender. A surrendered license shall be\nrestored upon a showing to the satisfaction of the department that the\nlicensee is not incapacitated for the active practice of the profession,\nprovided that the department may, by order of the commissioner, impose\nreasonable conditions on the licensee, if it determines that because of\nthe nature and extent of the licensee's former incapacity, such\nconditions are necessary to protect the health, safety and welfare of\nthe public. Prompt written notification of such restoration shall be\ngiven to all licensing bodies which were notified of the temporary\nsurrender of the license.\n 2. There shall be appointed within the department, by the board of\nregents, a committee on drug and alcohol abuse, which shall advise the\nboard of regents on matters relating to practice by professional\nlicensees with drug or alcohol abuse problems, and which shall\nadminister the provisions of this section. The board of regents shall\ndetermine the size, composition, and terms of office of such committee,\na majority of the members of which shall be persons with expertise in\nproblems of drug or alcohol abuse. The committee shall recommend to the\nboard of regents such rules as are necessary to carry out the purposes\nof this section, including but not limited to procedures for the\nsubmission of applications for the surrender of a license and for the\nreferral of cases for investigation or prosecution pursuant to section\nsixty-five hundred ten of this article if a licensee fails to comply\nwith the conditions of an approved program of treatment. There shall be\nan executive secretary appointed by the board of regents to assist the\ncommittee. The executive secretary shall employ, or otherwise retain,\nthe services of a registered professional nurse with appropriate\nqualifications in substance abuse and addiction to assist in the\nimplementation of the program authorized by section six thousand five\nhundred ten-c of this article. Determinations by the committee relating\nto licensees shall be made by panels of at least three members of the\ncommittee designated by the executive secretary, who shall also\ndesignate a member of the state board for the licensee's profession as\nthe ex-officio non voting member of each panel. In the case of a\ndetermination relating to a licensed nurse, at least one panel member\nmust be a registered professional nurse licensed by the state.\n 3. Application for the surrender of a license pursuant to this section\nshall be submitted to the committee, and shall identify a proposed\ntreatment or rehabilitation program, and shall include a consent to the\nrelease of all information concerning the licensee's treatment to the\ncommittee. All information concerning an application, other than the\nfact of the surrender of the license and the participation in the\nprogram and the successful completion or failure of or withdrawal from\nthe program, shall be strictly confidential, and may not be released by\nthe committee to any person or body without the consent of the licensee.\nThe immunity from disciplinary action conferred by this section shall be\nconditioned upon the approval of the treatment or rehabilitation program\nby the committee and its successful completion by the applicant and the\nelimination of the incapacity to practice. Approval of a treatment or\nrehabilitation program by the committee shall not constitute a\nrepresentation as to the probability of success of the program or any\nassumption of financial responsibility for its costs.\n 4. The immunity from disciplinary action conferred by this section may\nbe revoked by the committee upon a finding that the licensee has failed\nto successfully complete the program or that the incapacity to practice\nhas not been eliminated. Such revocation shall be made only after notice\nand an opportunity to be heard, but no adjudicatory hearing shall be\nrequired. The matter shall be referred for appropriate proceedings\npursuant to section sixty-five hundred ten of this chapter. The license\nmust be returned unless charges are served pursuant to section\nsixty-five hundred ten within thirty days after the revocation of the\napproval of the special treatment afforded by this section.\n 5. The commissioner is authorized to adopt regulations to carry out\nthe purposes of this section, including but not limited to the notice of\ntemporary inactive status to be required in different professions and\npractice situations and the measures required upon temporary withdrawal\nfrom practice.\n 6. No individual who serves as a member of a committee whose purpose\nis to confront and refer either to treatment or to the department\nlicensees who are thought to be suffering from alcoholism or drug abuse\nshall be liable for damages to any person for any action taken by such\nindividual provided such action was taken without malice and within the\nscope of such individual's function as a member of such committee, and\nprovided further that such committee has been established by and\nfunctions under the auspices of an association or society of\nprofessionals authorized to practice under this title.\n 7. In addition to the provisions of section two thousand eight hundred\nthree-e of the public health law, any entity licensed pursuant to\narticles thirty-six, forty and forty-four of the public health law, and\nany mental hygiene facilities, and correctional, occupational, school\nand college health services shall provide a report to the office of\nprofessional discipline when there is a suspension, restriction,\ntermination, curtailment or resignation of employment or privileges in\nany way related to a licensed nurse that is impaired when the impairment\nis alleged to have been caused by a drug-related problem. Any person,\nfacility, or corporation which makes a report pursuant to this section\nin good faith shall have immunity from any liability, civil or criminal,\nfor having made such a report except where the conduct constitutes\nnegligence, gross negligence or intentional misconduct. For the purpose\nof any proceeding, civil or criminal, the good faith of any person,\nfacility or corporation required to make a report shall be presumed.\nSuch presumption may be rebutted by any competent evidence.\n 8. Notwithstanding any other provision of law, the license and\nregistration of a licensed dentist or pharmacist who may be temporarily\nincapacitated for the active practice of their profession licensed\npursuant to articles one hundred thirty-three and one hundred\nthirty-seven of this title and whose alleged incapacity is the result of\na problem of drug or alcohol abuse which has not resulted in harm to a\npatient or client, may be voluntarily surrendered to, or voluntarily\noffered for any alternative disposition with the department, which may\naccept and hold such license or make any other disposition regarding\nsuch license deemed appropriate under the circumstances, if the\ndepartment determines the health and safety of the public will be\nadequately protected thereby, during the period of such alleged\nincapacity. The department may accept the surrender of such license\nafter agreement to conditions to be met prior to the restoration of the\nlicense or the department may treat the license as not surrendered and\nmay impose conditions to allow the licensee to retain the license. All\nother provisions of this section shall be applied to the professions of\ndentistry and pharmacy in conformity with this subdivision.\n