Regulatory Agencies

NYS Agencies Concerned with Addiction-Related Impaired Nursing Practice

State Education Department (SED): The NYS Education Department issues licenses to members of 47 licensed professions. For the public's safety and welfare, SED is responsible for ensuring that all licensed professionals (except medical professionals, including physicians, physician assistants and specialist assistants) comply with license requirements. Two offices within SED have specific functions relating to impaired nursing practice: the Office of Professional Discipline and the Professional Assistance Program:

• The Office of Professional Discipline (OPD): OPD investigates and prosecutes licensed professionals charged with mental or physical impairment, incompetence, malpractice or misconduct, including accusations of patient harm. The licensed professional charged with an offense through OPD can anticipate involvement with this disciplinary system for the duration of an investigation. If a license is revoked by the Board of Regents via the disciplinary system (OPD), licensees must wait a minimum of three (3) years before applying for license restoration.
• The Professional Assistance Program (PAP): Established pursuant to Section 6510-b, Article 130, Title VIII, of the New York State Education Law. PAP is a resource for licensed professionals who “may be temporarily incapacitated for the active practice of a profession”…“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 a client...” Professionals may voluntarily and confidentially surrender their license. PAP makes it possible for licensed professionals to seek treatment without being subject to professional discipline charges. This immunity is limited to:
  • 6509-3: Practicing the profession while the ability to practice is impaired by alcohol, drugs
  • 6509-4: Being habitually drunk or being dependent on, or a habitual user of, narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects.
  PAP is administered by SED through recommendations from the Committee for Professional Assistance. Enrolling in the PAP has several advantages, including:
  • The license is voluntarily surrendered; this action is confidential and not reflected on the licensee’s permanent record
  • License restoration occurs when participants and treatment personnel determine a return to practice is safe for the practitioner and the public, and such application for restoration is approved by the PAP
  • The PAP provides structure and motivation to maintain sobriety
  • Employers may be more receptive to retaining workplace nurses willing to participate

  Scenario Sally is a recovering addict, having abused heroin and benzodiazapines. She sought treatment on her own, and her job and license were never in jeopardy. While Sally appears committed to maintaining sobriety, she has a history of relapses. Although she has never been reported, it is strongly recommended Sally voluntarily enter PAP, providing monitoring of her sobriety for at least two years after practice reentry.