S T A T E O F N E W Y O R K
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8261
I N S E N A T E
June 18, 2010
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to accessing the profes-
sional assistance program for impaired professionals in the
professions of dentistry and pharmacy
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 is amended by adding a
new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSE OF A
LICENSED DENTIST OR PHARMACIST WHO MAY BE TEMPORARILY INCAPACITATED FOR
THE ACTIVE PRACTICE OF HIS OR HER PROFESSION LICENSED PURSUANT TO ARTI-
CLE ONE HUNDRED THIRTY-THREE OR ONE HUNDRED THIRTY-SEVEN OF THIS TITLE,
AND WHOSE ALLEGED INCAPACITY IS THE RESULT OF A PROBLEM OF DRUG OR ALCO-
HOL 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 SURREN-
DER 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. 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
PRACTICE. IN ADDITION TO THE FOREGOING, THE DEPARTMENT SHALL ALSO GIVE
WRITTEN NOTIFICATION OF SUCH SURRENDER OR OTHER LICENSE DISPOSITION, FOR
DENTISTS AND PHARMACISTS LICENSED PURSUANT TO ARTICLES ONE HUNDRED THIR-
TY-THREE AND ONE HUNDRED THIRTY-SEVEN OF THIS TITLE TO THE COMMISSIONER
OF HEALTH OR HIS OR HER DESIGNEE, AND WHERE APPROPRIATE TO EACH HOSPITAL
AT WHICH SUCH PROFESSIONAL HAS PRIVILEGES, IS AFFILIATED OR IS EMPLOYED.
THE LICENSEE WHOSE LICENSE IS SO SURRENDERED OR FOR WHICH SOME OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11827-06-0
S. 8261 2
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 TEMPORARY 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. WHERE THE
LICENSE IS TREATED AS SURRENDERED OR WHERE THE DISPOSITION OF THE
LICENSE REQUIRES THE LICENSEE TO OTHERWISE TEMPORARILY 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 SUBARTICLE, UNLESS THE
LICENSEE PRACTICES WHILE THE LICENSE IS INACTIVE; AND ANY SUCH PRACTICE
SHALL CONSTITUTE A VIOLATION OF SUBDIVISION EIGHT OF SUCH 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 SUBARTICLE, AND ONLY IF NO HARM TO A
PATIENT OR CLIENT 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 OR A LICENSE WHOSE DISPOSITION HAS
OTHERWISE 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 PRAC-
TICE 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 OR OTHER DISPOSITION OF THE LICENSE. THE
COMMITTEE ON DRUG AND ALCOHOL ABUSE APPOINTED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION SHALL ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
SUCH COMMITTEE SHALL RECOMMEND TO THE REGENTS SUCH RULES AS ARE NECES-
SARY TO CARRY OUT THE PURPOSES OF THIS SECTION, INCLUDING BUT NOT LIMIT-
ED TO PROCEDURES FOR THE SUBMISSION OF APPLICATIONS FOR THE SURRENDER OF
A LICENSE OR FOR THE OFFERING OF A LICENSE FOR SOME ALTERNATIVE DISPOSI-
TION, AND FOR THE REFERRAL OF CASES FOR INVESTIGATION OR PROSECUTION
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS SUBARTICLE IF A
LICENSEE FAILS TO COMPLY WITH THE CONDITIONS OF AN APPROVED PROGRAM OF
TREATMENT. 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. APPLICATION FOR THE SURRENDER OF A LICENSE OR FOR
THE OFFERING OF A LICENSE FOR SOME ALTERNATIVE DISPOSITION PURSUANT TO
THIS SUBDIVISION 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
S. 8261 3
COMPLETION OR FAILURE OF OR WITHDRAWAL FROM THE PROGRAM, SHALL BE
STRICTLY CONFIDENTIAL, AND SHALL NOT BE DISCLOSED BY THE COMMITTEE TO
ANY PERSON OR BODY WITHOUT THE CONSENT OF THE LICENSEE. THE IMMUNITY
FROM DISCIPLINARY ACTION CONFERRED BY THIS SUBDIVISION SHALL BE CONDI-
TIONED 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 REPRESEN-
TATION AS TO THE PROBABILITY OF SUCCESS OF THE PROGRAM OR ANY ASSUMPTION
OF FINANCIAL RESPONSIBILITY FOR ITS COSTS. THE IMMUNITY FROM DISCIPLI-
NARY ACTION CONFERRED BY SUBDIVISION FOUR OF THIS SECTION MAY BE REVOKED
BY THE COMMITTEE UPON A FINDING THAT THE LICENSEE HAS FAILED TO SUCCESS-
FULLY 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 SUBARTICLE. THE LICENSE SHALL 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 SUBDIVISION FOUR OF THIS SECTION. THE COMMISSION-
ER IS AUTHORIZED TO ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS OF
THIS SUBDIVISION, 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 WITHDRAWAL FROM
PRACTICE. NO INDIVIDUAL WHO SERVES AS A MEMBER OF A COMMITTEE WHOSE
PURPOSE IS TO CONFRONT AND REFER, EITHER TO TREATMENT OR TO THE DEPART-
MENT, 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 PROFES-
SIONALS AUTHORIZED TO PRACTICE UNDER THIS TITLE.
S 2. This act shall take effect immediately.
