N.Y. Comp. Codes R. & Regs. tit. 14 § 853.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 853.15 - Penalties

(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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.15

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 4/1/2021

Amended New York State Register February 7, 2024/Volume XLVI, Issue 6, eff. 2/7/2024