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Part 18, Voluntary Surrender of License

Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

The committee on drug and alcohol abuse referred to in subdivision 2 of section 6510-b of the Education Law shall be known as the Committee for Professional Assistance.

A licensee authorized to practice a profession under title VIII of the Education Law, except professionals licensed pursuant to article 131 or 131-b of the Education Law, may apply to surrender the license pursuant to section 6510-b of the Education Law. The licensee shall file an application, consent to release of treatment records and such other information as the department shall require. The department may require the licensee to appear before staff or committee members in connection with the application.

In consultation with the Committee for Professional Assistance, the department may accept an application for voluntary surrender of the license if the following conditions are met:

  1. There has been no harm to the licensee's patients or clients that has resulted from a problem of drug or alcohol abuse. Any question of harm to a patient shall be investigated prior to the acceptance of the surrender of a license pursuant to Education Law, section 6510-b.
  2. The applicant presents a proposed program of treatment that is acceptable.
  3. The applicant accepts all monitoring requirements including a minimum of two years of monitoring by the committee or its designee. The minimum two years of monitoring shall include the period of active treatment.
  4. The applicant provides an acceptable plan for informing patients or clients, who request professional services, of temporary withdrawal from practice.

In consultation with the Committee for Professional Assistance the department may remove a participant from the program and refer the matter to the office of professional discipline for appropriate proceedings pursuant to section 6510 of the Education Law and the committee may revoke the immunity from disciplinary action granted to the licensee in accordance with the requirements of Education Law, section 6510-b(4) for the following reasons:

  1. failure to meet the conditions imposed upon acceptance into the program;
  2. evidence that patient or client harm resulted from the licensee's problem of drug or alcohol abuse; or
  3. other evidence that the licensee should not be permitted to continue in the program.

In consultation with the Committee for Professional Assistance, the department may reinstate a license to practice which has been voluntarily surrendered in accordance with this Part, upon satisfactory evidence that the participant has made sufficient progress in the treatment program and in meeting such other conditions as were imposed upon acceptance into the program and is not incapacitated for active practice. The department may require the individual to appear before staff or committee members in connection with the request for reinstatement of the license. In reinstating the license, the department may impose conditions on the licensee which are necessary to protect the health, safety and welfare of the public. The conditions may include, but are not limited to, participation in a treatment program including such monitoring as the committee and department may require, continuing professional education, practice under supervision and limitations on the scope and nature of practice. Such conditions shall be in effect for a period of time to be specified by the department. The licensee will be registered for the period in which the license is reinstated upon receipt of all applicable registration fees.

Committee actions may be taken by panels comprising at least three members of the committee. A majority vote shall be required for all recommendations and decisions made by the committee or panels constituted from its membership that pertain to accepting an application for the voluntary surrender of licenses, imposing conditions on a licensee, revoking immunity from disciplinary action, removing a participant from the program or restoration of a license to practice.

An appeal may be taken by the applicant to the Committee on the Professions from determinations of the Committee for Professional Assistance and/or the department pertaining to refusal to accept an application for the voluntary surrender of a license, the imposition of conditions on a license, the removal of the applicant from the program and the revocation of immunity from disciplinary action. The decision of the Committee on the Professions in such an appeal shall be final.