Meeting of the Board of Regents | December 2009

Summary

Issue for Discussion

Does the Board of Regents or the State Education Department have the authority to accept the non-disciplinary surrender of a professional license?

Reason(s) for Consideration

For information and discussion.

Proposed Handling

Presentation to the Professional Practice Committee.

Background Information

Education Law section 6502(1) provides that, “[a] license shall be valid during the life of the holder unless revoked, annulled or suspended by the board of regents….”  That section of law has historically been held to prohibit the voluntary non-disciplinary surrender of a professional license.  Licensees wishing to cease practicing have the option of relying on subdivision 4 of section 6502 which states, “[a]ny licensee who is not engaging in the practice of his profession in this state and does not desire to register shall so advise the department.  Such licensee shall not be required to pay [a registration fee].”

The legislature subsequently amended Title VIII of the Education Law to allow one type of non-disciplinary surrender, for participation in the professional assistance program due to substance abuse issues.  No other statutory provision addresses the granting of surrenders for non-disciplinary purposes.  However, section 17.6 of the Rules of the Board of Regents allows for the voluntary surrender of a professional license in cases where a licensee is under investigation or against whom charges have been voted. 

Recently the issue of voluntarily surrendering a professional license was discussed in the context of dually licensed individuals who practice medicine and dentistry.  This discussion was prompted by the promulgation of laws related to office based surgeries.  However, the Health Department, in consultation with the SED, deemed it beyond their lawful authority to accept voluntary surrenders in those non-disciplinary cases. 

At the November Regents meeting, there was discussion that suggested an interest in accepting voluntary surrenders in non-disciplinary cases.  The acceptance of such surrenders could enable certain retired professionals an opportunity to avoid obligations that may be associated with possessing an inactive license.  Nonetheless, we recognize that there may be legal hurdles to implementing non-disciplinary surrenders and that the adoption of any such policy should not create an unintended escape route from the professional discipline process.

Additional discussions will be held within the Department to consider the authority of the Board of Regents or the State Education Department to accept the non-disciplinary surrender of a professional license.