New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS
Section 853.15 - Penalties
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 853.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Penalties. Any person who engages in misconduct as defined in this Part shall be subject to one or more of the following penalties imposed by the commissioner, or as otherwise authorized by law:
(1) Administrative reprimand. Written notice
citing an initial instance of misconduct or misconduct of a minor or technical
nature. Such notice may include instructions to obtain remedial education and
training, an assessment and any recommended course of therapy or treatment,
supervision and/or payment of a fine within a stated period of time. Failure to
comply with terms of an administrative reprimand within the specified time
shall be grounds for suspension of the credential until the credentialed person
submits documentation satisfactory to the Office establishing
compliance.
(2) Suspension. A
suspended credential is invalid until the terms and conditions of suspension
are met.
(i) A credentialed professional
whose credential has been suspended shall not use the title during the period
of suspension.
(ii) A suspension
does not stay, alter or extend the renewal period during which the suspension
occurs. A credential expiring during the period of suspension may be extended
pursuant to state administrative procedure law, provided a complete and timely
renewal application pursuant to section
853.11(a)(2) of
this Part was received by the Office.
(iii) Release of the suspension is subject to
Office approval of documented compliance with any terms and conditions of the
suspension. Conditions to end a suspension may include, but need not be limited
to:
(a) completion of remedial education and
training;
(b) supervised work
experience;
(c) an assessment and
completion of a course of therapy or treatment developed and approved by a
qualified professional with expertise in the identified area of
impairment;
(d) payment of any
fines as determined by the Office.
(3) Denial of renewal. A credential renewal
may be denied for a stated period of time and subject to terms and conditions.
Conditions may include, but need not be limited to:
(i) completion of prescribed remedial
education and training;
(ii)
supervised work experience;
(iii)
completion of a course of therapy or treatment developed and approved by a
qualified professional with expertise in the identified area of
impairment;
(iv) adjudication of
any open complaint; and
(v)
payment of any fees due or fines assessed as determined by the
Office.
(4) Revocation.
A credential may be revoked. A credentialed professional whose credential has
been revoked pursuant to this section shall not engage in any professional
activities authorized by the credential on and after the date of
revocation.
(5) Denial of
Application. A pending application by any person applying for a credential
issued by the Office may be denied.
(b) Considerations. Penalties are assessed upon a finding that a complaint is likely to be valid. Such finding may be based on consideration of the following factors, among others:
(1) danger to service
recipients;
(2) patterns of
misconduct;
(3) impairment and
willingness to address such impairment;
(4) mitigating or aggravating factors and
extenuating circumstances.
(c) Fines. Fines may be imposed in an amount determined by the Office.
(d) Staff Exclusion List. Placement by the Justice Center on the Staff Exclusion List constitutes grounds for revocation of any existing credential or denial of any application.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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