2012 New York Consolidated Laws
EDN - Education
Title 8 - THE PROFESSIONS
Article 130* - GENERAL PROVISIONS
Sub Art. 3 - (6509 - 6511) Professional misconduct.
6509 - Definitions of professional misconduct.

 
    § 6509. Definitions  of professional misconduct. Each of the following
  is professional misconduct,  and  any  licensee  found  guilty  of  such
  misconduct under the procedures prescribed in section sixty-five hundred
  ten  shall  be subject to the penalties prescribed in section sixty-five
  hundred eleven:
    (1) Obtaining the license fraudulently,
    (2) Practicing the  profession  fraudulently,  beyond  its  authorized
  scope,  with  gross  incompetence, with gross negligence on a particular
  occasion or negligence or incompetence on more than one occasion,
    (3) Practicing  the  profession  while  the  ability  to  practice  is
  impaired by alcohol, drugs, physical disability, or mental disability,
    (4)  Being  habitually drunk or being dependent on, or a habitual user
  of narcotics, barbiturates, amphetamines, hallucinogens, or other  drugs
  having similar effects,
    (5)  (a)  Being  convicted  of  committing an act constituting a crime
  under:
    (i) New York State law or,
    (ii) Federal law or,
    (iii) The law of another jurisdiction and which, if  committed  within
  this state, would have constituted a crime under New York State law;
    (b)  Having  been  found  guilty  of improper professional practice or
  professional misconduct by a duly authorized  professional  disciplinary
  agency  of  another  state  where the conduct upon which the finding was
  based would, if committed in New  York  state,  constitute  professional
  misconduct under the laws of New York state;
    (c) Having been found by the commissioner of health to be in violation
  of article thirty-three of the public health law.
    (d)  Having  his  license  to  practice medicine revoked, suspended or
  having other disciplinary action taken, or having his application for  a
  license refused, revoked or suspended or having voluntarily or otherwise
  surrendered  his license after a disciplinary action was instituted by a
  duly authorized professional disciplinary agency of another state, where
  the  conduct  resulting  in  the   revocation,   suspension   or   other
  disciplinary  action  involving  the  license  or refusal, revocation or
  suspension of an application for a  license  or  the  surrender  of  the
  license  would,  if committed in New York state, constitute professional
  misconduct under the laws of New York state.
    (6) Refusing to provide professional service to a  person  because  of
  such person's race, creed, color, or national origin,
    (7)  Permitting,  aiding  or  abetting an unlicensed person to perform
  activities requiring a license,
    (8) Practicing the profession  while  the  license  is  suspended,  or
  wilfully  failing  to register or notify the department of any change of
  name or mailing address,  or,  if  a  professional  service  corporation
  wilfully  failing  to  comply  with  sections  fifteen hundred three and
  fifteen hundred fourteen of  the  business  corporation  law  or,  if  a
  university  faculty practice corporation wilfully failing to comply with
  paragraphs (b), (c) and (d) of section fifteen hundred three and section
  fifteen hundred fourteen of the business corporation law,
    (9) Committing unprofessional conduct, as  defined  by  the  board  of
  regents  in  its rules or by the commissioner in regulations approved by
  the board of regents,
    (10)  A  violation  of  section  twenty-eight   hundred   three-d   or
  twenty-eight hundred five-k of the public health law.
    11.  A  violation  of section six thousand five hundred five-b of this
  chapter by a professional other  than  a  professional  subject  to  the
  provisions  of  paragraph (f) of subdivision one of section twenty-eight
  hundred five-k of the public health law.

    (12) In the event that the department  of  environmental  conservation
  has  reported  to  the  department alleged misconduct by an architect or
  professional engineer in making a certification under  section  nineteen
  of  the tax law (relating to the green building tax credit) the board of
  regents,  upon a hearing and a finding of willful misconduct, may revoke
  the license of such professional or prescribe such other penalty  as  it
  determines to be appropriate.
    (13)  In the event that any agency designated pursuant to title four-B
  of article four of the real property tax law (relating to the green roof
  tax abatement) has reported to the department alleged misconduct  by  an
  architect  or  engineer  in making a certification under such title, the
  board of regents, upon a hearing and a finding  of  willful  misconduct,
  may  revoke  the  license  of  such professional or prescribe such other
  penalty as it determines to be appropriate.
    (14) In the event that any agency designated pursuant to title  four-C
  of  article  four  of  the  real property tax law (relating to the solar
  electric generating system tax abatement) has reported to the department
  alleged misconduct by an architect or engineer in making a certification
  under such title, the board of regents, upon a hearing and a finding  of
  willful  misconduct,  may  revoke  the  license  of such professional or
  prescribe such other penalty as it determines to be appropriate.