§ 6510-b. Temporary surrender 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 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 incapacity 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 the department,
which may accept and hold such license during the period of such alleged
incapacity or the department may accept the surrender of such license
after agreement to conditions to be met prior to the restoration of the
license. The department shall give written notification of such
surrender 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, 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 to the commissioner of health or his designee, and where
appropriate to each hospital at which the professional has privileges,
is affiliated, or is employed. The licensee whose license is so
surrendered shall notify all persons who request professional services
that he or she has temporarily withdrawn from the practice of the
profession. 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 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 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, 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 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, 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. A surrendered license 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 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 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
licensees 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, including but not limited to procedures for the
submission of applications for the surrender of a license and for the
referral of cases for investigation or prosecution pursuant to section
sixty-five hundred ten of this article if a licensee fails to comply
with the conditions of an approved program of treatment. There shall be
an executive secretary appointed by the board of regents to assist the
committee. The executive secretary shall employ, or otherwise retain,
the services of a registered professional nurse with appropriate
qualifications 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. 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. In the case of a
determination 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 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 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 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
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. The license
must be returned unless charges are served pursuant to section
sixty-five hundred ten 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 temporary withdrawal
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
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
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
articles 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
professional 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.

8. Notwithstanding any other provision of law, the license and
registration of a licensed dentist or pharmacist who may be temporarily
incapacitated for the active practice of their profession licensed
pursuant to articles one hundred thirty-three and one hundred
thirty-seven of this title and whose alleged incapacity 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 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 surrender 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. All
other provisions of this section shall be applied to the professions of
dentistry and pharmacy in conformity with this subdivision.