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 853.18 - Application following revocation
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 853.18
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Permission to apply following revocation.
(1) A credentialed professional whose
credential has been revoked may not apply for a credential without first
submitting a written request for permission to apply as a credentialed
professional.
(2) Such request may
not be submitted until five (5) years or more after the effective date of the
revocation. Such request must include a statement detailing the reasons why
permission to apply should be granted and must include the current contact
information of the person requesting permission to apply.
(3) The commissioner shall review the request
and the submitted basis therefore, and shall grant or deny permission to apply
based on the following:
(i) the presence or
absence of demonstrated evidence that clearly shows the misconduct that formed
the basis of the revocation has been thoroughly addressed;
(ii) the seriousness and nature of the
misconduct which formed the basis of the revocation, particularly as related to
service recipient safety and welfare;
(iii) if requested by the commissioner, an
assessment of the applicant by a QHP approved by the Office or, when
appropriate, a qualified problem gambling professional approved by the Office;
and
(iv) the risk that service
recipient safety and quality of care could be jeopardized in any way by
granting the requestor permission to apply for renewal or reactivation of a
credential.
(b) Permission to apply following denial of an application. An applicant whose application is denied pursuant to section 853.15(a)(5) of this Part may not apply again for a credential without first submitting a written request for permission to apply as a credentialed professional. Such requests shall be subject to the same provisions of this section applicable to requests for permission to apply after revocation.
(c) Notice of decision.
(1) The person requesting permission to apply
will be sent a notice of decision by certified mail, return receipt requested,
and e-mail address to the mailing address and e-mail address included with the
request. Such notice of decision shall be deemed received three (3) days after
mailing.
(2) If permission to apply
has been granted, the notice of decision will include information detailing the
procedures that must be followed by the applicant as well as any additional
terms and conditions which may be required by the commissioner.
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