Senate Bill S8372

                                BILL NUMBER:S8372

TITLE OF BILL:

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

PURPOSE:

Allows the New York state Education Department's professional Assistance
Program for impaired professionals to accept people into the program in
appropriate situations without having to surrender their license for the
professions of dentistry and pharmacy.

SUMMARY OF PROVISIONS:

Section 1: Amends Education Law section 6510-b to add a new subdivision
(8)to allow the NYS Education Department Professional Assistance Program
to accept impaired professionals in the fields of dentistry and pharma-
cies into the program without having to require in all cases the surren-
der of the professional's license. Instead, the Education Department's
authorized to make any other disposition of the license that is appro-
priate for the professional, which may or may not include the surrender
of the license, if the Department determines that the health and safety
of the public will be adequately protected.
              

Section 2: Immediate effective date.

JUSTIFICATION:

Under existing law, any impaired dentists and persons licensed as phar-
macists who wish to enter the New York State Education Department's
Professional Assistance Program (PAP) must surrender their license to do
so. This disadvantages impaired professionals who are already in active
treatment programs for their addictive illness and are fully capable of
practicing in the interim. It discourages such people from availing
themselves of the help services that the PAP can provide to them. The
bill would eliminate that barrier and allow the PAP the discretion to
accept people into the program without having to require the surrender
of a license. Instead, the PAP could make any alternative license dispo-
sition that would be appropriate to the individual professional's
circumstances. It could still include requiring the surrender of a
license, but it could also include less drastic, more appropriate alter-
native disposition if the Department determines that the health and
safety of the public will be adequately protected. This will make the
PAP more effective in helping impaired professionals and that, in turn,
will benefit the public.

LEGISLATIVE HISTORY:

This bill is similar to S.8261 which passed the Senate in June 2010.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.