N.Y. Comp. Codes R. & Regs. tit. 14 § 853.16

Current through Register Vol. 46, No. 25, June 18, 2024

Section 853.16 - Summary action and other remedial actions

The commissioner may take the following actions when deemed appropriate:

(a)Summary action.

(1) Suspension. Whenever the commissioner has reasonable grounds to believe that a credentialed professional has acted, or is acting, in a manner that threatens the health, welfare or safety of the public or of any individual receiving services, the commissioner may immediately suspend a credential for a period of 180 days or until a final agency determination in any pending or related disciplinary, Justice Center or criminal proceeding, whichever period is longest.

(i) Such suspension shall be effective upon receipt of notice pursuant to section 853.17 of this Part by the credentialed professional.

(ii) All additional terms of a suspended credential pursuant to section 853.15 of this Part are applicable to a summary suspension.

(2) Summary revocation. Upon notice to the Office that a credentialed professional has been included on the Staff Exclusion list pursuant to section 853.16 of this Part, the commissioner shall revoke such person's credential.

(b)Dismissal with Guidance. A written notice of caution and counseling may be issued with dismissal of a complaint pursuant to section 853.14 of this Part.

(c)Annulment. The commissioner may summarily annul a credential determined to have been issued or renewed on the basis of mistake of fact or clerical error.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.16

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