2006 New York Code - Removal Of Physicians From Lists Of Those Authorized To Render Medical Care Or To Conduct Independent Medical Examinations.

 
    § 13-d. Removal of physicians from lists of those authorized to render
  medical  care  or  to  conduct  independent medical examinations. 1. The
  medical society of the county in which the physician's office is located
  at the time or a board designated by such  county  society  or  a  board
  representing  duly  licensed  physicians  of any other school of medical
  practice in such county shall investigate, hear and make  findings  with
  respect  to  all  charges  as to professional or other misconduct of any
  authorized physician as herein provided under rules and procedure to  be
  prescribed  by  the  medical  appeals unit, and shall report evidence of
  such misconduct, with their findings  and  recommendation  with  respect
  thereto,  to  the  chair.  Failure to commence such investigation within
  sixty days from the date the charges are referred to the society by  the
  chair  or  submit  findings  and recommendations relating to the charges
  within one hundred eighty days from the date the  charges  are  referred
  shall  empower  the  chair to appoint, as a hearing officer, a member of
  the board, employee, or other qualified  hearing  officer  to  hear  and
  report  on the charges to the chair. A qualified hearing officer, who is
  neither a member of the board, or employee thereof shall be  paid  at  a
  reasonable per diem rate to be fixed by the chair.
    Such  investigation,  hearing, findings, recommendation and report may
  be made by the society or board of an adjoining county upon the  request
  of  the medical society of the county in which the alleged misconduct or
  infraction of this chapter occurred,  subject  to  the  time  limit  and
  conditions  set  forth herein. The medical appeals unit shall review the
  findings and recommendation of such medical society or board, or hearing
  officer appointed by the chair upon application of the accused physician
  and may reopen the matter and receive further  evidence.  The  findings,
  decision  and  recommendation  of such society, board or hearing officer
  appointed by the chair or medical appeals unit shall be advisory to  the
  chair only, and shall not be binding or conclusive upon him or her.
    2.  The  chair  shall remove from the list of physicians authorized to
  render medical care  under  this  chapter,  or  to  conduct  independent
  medical  examinations  in  accordance  with paragraph (b) of subdivision
  four of section thirteen-a of this article, the name  of  any  physician
  who  he or she shall find after reasonable investigation is disqualified
  because such physician:
    (a)  has  been  guilty  of  professional  or   other   misconduct   or
  incompetency  in  connection  with  medical services rendered under this
  chapter; or
    (b) has exceeded the limits of his or her professional  competence  in
  rendering medical care or in conducting independent medical examinations
  under  this  chapter,  or has made materially false statements regarding
  his  or  her  qualifications  in  his  or  her   application   for   the
  recommendation  of  the  medical society or board as provided in section
  thirteen-b of this article; or
    (c) has failed to transmit copies of  medical  reports  to  claimant's
  attorney  or  licensed  representative as provided in subdivision (f) of
  section thirteen of this article; or  has  failed  to  submit  full  and
  truthful medical reports of all his or her findings to the employer, and
  directly  to  the  chair or the board within the time limits provided in
  subdivision  four  of  section  thirteen-a  of  this  article  with  the
  exception  of injuries which do not require (1) more than ordinary first
  aid or more than two treatments by a physician or person rendering first
  aid, or (2) loss of time from regular  duties  of  one  day  beyond  the
  working day or shift; or
    (d)  knowingly  made  a  false  statement  or  representation  as to a
  material fact in any medical report made pursuant to this chapter or  in
  testifying  or  otherwise providing information for the purposes of this
  chapter; or
    (e)  has  solicited, or has employed another to solicit for himself or
  herself or for another, professional treatment, examination or  care  of
  an injured employee in connection with any claim under this chapter; or
    (f)  has  refused  to  appear  before,  to  testify,  to  submit  to a
  deposition, or to answer upon request  of,  the  chair,  board,  medical
  appeals  unit  or  any  duly  authorized officer of the state, any legal
  question, or to produce any relevant book or paper concerning his or her
  conduct under any  authorization  granted  to  him  or  her  under  this
  chapter; or
    (g)  has directly or indirectly requested, received or participated in
  the division, transference, assignment, rebating, splitting or refunding
  of a fee for, or has  directly  or  indirectly  requested,  received  or
  profited  by  means  of  a  credit  or other valuable consideration as a
  commission, discount or gratuity in connection with  the  furnishing  of
  medical  or surgical care, an independent medical examination, diagnosis
  or treatment or service, including X-ray examination and  treatment,  or
  for  or  in connection with the sale, rental, supplying or furnishing of
  clinical laboratory services or supplies, X-ray laboratory  services  or
  supplies,  inhalation  therapy  service or equipment, ambulance service,
  hospital or medical supplies, physiotherapy or other therapeutic service
  or equipment, artificial limbs, teeth or eyes,  orthopedic  or  surgical
  appliances  or  supplies,  optical  appliances,  supplies  or equipment,
  devices for aid of hearing, drugs, medication or  medical  supplies,  or
  any  other goods, services or supplies prescribed for medical diagnosis,
  care or treatment, under this chapter; except that  reasonable  payment,
  not  exceeding  the technical component fee permitted in the medical fee
  schedule,  established  under  this  chapter  for  X-ray   examinations,
  diagnosis  or treatment, may be made by a physician duly authorized as a
  roentgenologist to any hospital furnishing facilities and equipment  for
  such  examination,  diagnosis  or treatment, provided such hospital does
  not also submit a charge for the same  services.  Nothing  contained  in
  this  paragraph shall prohibit such physicians who practice as partners,
  in groups or as a professional corporation or as  a  university  faculty
  practice  corporation  from  pooling fees and moneys received, either by
  the partnership, professional corporation, university  faculty  practice
  corporation or group by the individual members thereof, for professional
  services furnished by any individual professional member, or employee of
  such  partnership,  corporation  or  group,  nor shall the professionals
  constituting the partnerships, corporations,  or  groups  be  prohibited
  from  sharing,  dividing or apportioning the fees and moneys received by
  them or by the partnership, corporation or group in  accordance  with  a
  partnership or other agreement.
    3.  Any person who violates or attempts to violate, and any person who
  aids another to violate  or  attempts  to  induce  him  to  violate  the
  provisions  of paragraph (g) of subdivision two of this section shall be
  guilty of a misdemeanor.
    4. Nothing in this section shall  be  construed  as  limiting  in  any
  respect  the  power  or duty of the chairman to investigate instances of
  misconduct, either before or after investigation by a medical society or
  board as herein provided, or to temporarily suspend the authorization of
  any physician that he may believe to be guilty of such misconduct.