Bill Text: NY S08372 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for temporary surrender of the license of a dentist or pharmacist with a drug or alcohol abuse problem, or such other disposition as determined by department of education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-10-01 - SIGNED CHAP.549 [S08372 Detail]

Download: New_York-2009-S08372-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8372
                                   I N  S E N A T E
                                     June 25, 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:
    1    Section  1. Section 6510-b of the education law is amended by adding a
    2  new subdivision 8 to read as follows:
    3    8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LICENSE AND  REGIS-
    4  TRATION OF A LICENSED DENTIST OR PHARMACIST WHO MAY BE TEMPORARILY INCA-
    5  PACITATED  FOR THE ACTIVE PRACTICE OF THEIR PROFESSION LICENSED PURSUANT
    6  TO ARTICLES ONE HUNDRED THIRTY-THREE AND  ONE  HUNDRED  THIRTY-SEVEN  OF
    7  THIS  TITLE  AND  WHOSE ALLEGED INCAPACITY IS THE RESULT OF A PROBLEM OF
    8  DRUG OR ALCOHOL ABUSE WHICH HAS NOT RESULTED IN HARM  TO  A  PATIENT  OR
    9  CLIENT,  MAY  BE  VOLUNTARILY SURRENDERED TO, OR VOLUNTARILY OFFERED FOR
   10  ANY ALTERNATIVE DISPOSITION WITH THE DEPARTMENT, WHICH  MAY  ACCEPT  AND
   11  HOLD  SUCH  LICENSE OR MAKE ANY OTHER DISPOSITION REGARDING SUCH LICENSE
   12  DEEMED APPROPRIATE UNDER THE CIRCUMSTANCES, IF THE DEPARTMENT DETERMINES
   13  THE HEALTH AND SAFETY OF THE PUBLIC WILL BE ADEQUATELY PROTECTED  THERE-
   14  BY,  DURING  THE  PERIOD  OF SUCH ALLEGED INCAPACITY. THE DEPARTMENT MAY
   15  ACCEPT THE SURRENDER OF SUCH LICENSE AFTER AGREEMENT TO CONDITIONS TO BE
   16  MET PRIOR TO THE RESTORATION OF THE LICENSE OR THE DEPARTMENT MAY  TREAT
   17  THE  LICENSE  AS  NOT SURRENDERED AND MAY IMPOSE CONDITIONS TO ALLOW THE
   18  LICENSEE TO RETAIN THE LICENSE. ALL OTHER  PROVISIONS  OF  THIS  SECTION
   19  SHALL  BE  APPLIED  TO  THE  PROFESSIONS  OF  DENTISTRY  AND PHARMACY IN
   20  CONFORMITY WITH THIS SUBDIVISION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17897-01-0