New York Education Code § 6510-B

Temporary surrender of licenses during treatment for drug or alcohol abuse
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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license is so\nsurrendered shall notify all persons who request professional services\nthat he or she has temporarily withdrawn from the practice of the\nprofession.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 commi

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