S T A T E O F N E W Y O R K
________________________________________________________________________
8301--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 13, 2009
___________
Introduced by M. of A. LUPARDO, McDONOUGH, GOTTFRIED -- Multi-Sponsored
by -- M. of A. JOHN, REILLY, SAYWARD, TOWNSEND -- read once and
referred to the Committee on Higher Education -- recommitted to the
Committee on Higher Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, in relation to accessing the profes-
sional assistance program for impaired professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6510-b of the education law, as added by chapter
607 of the laws of 1985, subdivision 2 as amended and subdivision 7 as
added by chapter 290 of the laws of 2000, and subdivision 6 as added by
chapter 811 of the laws of 1987, is amended to read as follows:
S 6510-b. Temporary surrender OR OTHER DISPOSITION 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 THIS 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 incapaci-
ty 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 CIRCUM-
STANCES, IF THE DEPARTMENT DETERMINES THE HEALTH AND SAFETY OF THE
PUBLIC WILL BE ADEQUATELY PROTECTED THEREBY, during the period of such
alleged incapacity [or the]. THE department may accept the surrender of
such license after agreement to conditions to be met prior to the resto-
ration of the license OR THE DEPARTMENT MAY TREAT THE LICENSE AS NOT
SURRENDERED AND MAY IMPOSE CONDITIONS TO ALLOW THE LICENSEE TO RETAIN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11827-05-0
A. 8301--A 2
THE LICENSE. The department shall give written notification of such
surrender OR OTHER LICENSE DISPOSITION to the licensing authorities of
any other state or country in which the licensee is authorized to prac-
tice. In addition to the foregoing, the department shall also give writ-
ten notification of such surrender OR OTHER LICENSE DISPOSITION, 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]
TITLE to the commissioner of health or his designee, and where appropri-
ate to each hospital at which the professional has privileges, is affil-
iated, or is employed. The licensee whose license is so surrendered OR
FOR WHICH SOME OTHER DISPOSITION OF THE LICENSE HAS BEEN MADE shall
notify all persons who request professional services that he or she has
temporarily withdrawn from the practice of the profession IF SUCH TEMPO-
RARY WITHDRAWAL HAS BEEN REQUIRED OF THE LICENSEE BY THE DEPARTMENT.
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] WHERE THE LICENSE IS TREATED AS SURRENDERED OR WHERE THE
DISPOSITION OF THE LICENSE REQUIRES THE LICENSEE TO OTHERWISE TEMPORAR-
ILY WITHDRAW FROM PRACTICE, 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 OR OTHER DISPOSITION OF THE
LICENSE 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] SUBARTICLE, 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 OR OTHER DISPOSITION OF THE 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] SUBARTICLE, 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 OR OTHER DISPO-
SITION. A surrendered license OR A LICENSE WHOSE DISPOSITION HAS OTHER-
WISE RESULTED IN THE TEMPORARY WITHDRAWAL OF THE LICENSEE FROM PRACTICE
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 commis-
sioner, impose reasonable conditions on the licensee, if it determines
that because of the nature and extent of the licensee's former incapaci-
ty, 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 tempo-
rary surrender OR OTHER DISPOSITION 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 licen-
sees 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,
A. 8301--A 3
including but not limited to procedures for the submission of applica-
tions for the surrender of a license OR FOR THE OFFERING OF A LICENSE
FOR SOME ALTERNATIVE DISPOSITION and for the referral of cases for
investigation or prosecution pursuant to section sixty-five hundred ten
of this [article] SUBARTICLE if a licensee fails to comply with the
conditions of an approved program of treatment. There shall be an execu-
tive secretary appointed by the board of regents to assist the commit-
tee. The executive secretary shall employ, or otherwise retain, the
services of a registered professional nurse with appropriate qualifica-
tions 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] SUBARTICLE. 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 desig-
nate 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 determi-
nation 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 OR FOR THE OFFERING OF A
LICENSE FOR SOME ALTERNATIVE DISPOSITION 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 OR OTHER DISPOSITION 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 reha-
bilitation 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 consti-
tute 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] SUBARTICLE.
The license must be returned OR ANY OTHER DISPOSITION OF THE LICENSE
ANNULLED unless charges are served pursuant to section sixty-five
hundred ten OF THIS SUBARTICLE 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 ANY temporary with-
drawal 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 licen-
sees 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 indi-
vidual provided such action was taken without malice and within the
A. 8301--A 4
scope of such individual's function as a member of such committee, and
provided further that such committee has been established by and func-
tions 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 arti-
cles 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 profes-
sional 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.
S 2. This act shall take effect immediately.