Question

Should a physician who has/had a substance abuse addiction be permitted to retain their license to practice medicine? What are the laws or ethics in your new york state on this subject?

Answer 1

If a physician has a substance abuse addiction then he should be sent to complete an appropriate treatment program. In America if physician are sent for treatment then The physician showed a remarkable absistence rates , due to motivation to maintain licensure and to continue professional practice , but with the extensive treatment and long term monitoring is required . Many physician can successfully return to practice with a solid addiction recovery program and monitoring system in place and if he is returning to practice then he should engage in his state's. PHP which is mandatory participation.

LEGAL OR ETHICAL ASPECTS

The legal aspects in this case can be very complex and thorny . Firstly , is to Safeguards- patients by removing the physician from practice and counselling physician to take leave for treatment.

Secondly , the state medical licensing board require physician to self-report

In New York many laws are made as

-. Federal laws like American with Disabilities Act and State Civil Rights Laws are made to protect the physician ,who have substances abuse addiction and they are sent for Treatment. They are given reasonable accommodation for recovering from addiction like modified work schedule.

These laws also mandate job Protection upto 12 weeks , during a medical law for addiction treatment

-. Employer and hospital can also Impose restriction on employment , and hospitals should spell out the consequences of failure to comply with the return to work condition.