Relates to accessing the professional assistance program

2 Co-sponsors

• Ruth Hassell-Thompson
• George Onorato

BILL NUMBER:S5753A

Title of bill

An act to amend the education law, in relation to accessing the professional assistance program for impaired professionals

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.

Summary of provisions

Section 1: Amends Education Law section 6510-b to allow the NYS Education Department Professional Assistance Program to accept impaired professionals into the program without having to require in all cases the surrender of the professional's license. Instead, the Education Department's authorized to make any other disposition of the license that is appropriate 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 professional who wishes 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 disposition 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 alternative 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

New Bill.

Fiscal implications

None.

Effective date

Immediate.