§ 6509 — Definitions of professional misconduct

§ 6509. Definitions of professional misconduct. Each of the following\nis professional misconduct, and any licensee found guilty of such\nmisconduct under the procedures prescribed in section sixty-five hundred\nten shall be subject to the penalties prescribed in section sixty-five\nhundred eleven:\n (1) Obtaining the license fraudulently,\n (2) Practicing the profession fraudulently, beyond its authorized\nscope, with gross incompetence, with gross negligence on a particular\noccasion or negligence or incompetence on more than one occasion,\n (3) Practicing the profession while the ability to practice is\nimpaired by alcohol, drugs, physical disability, or mental disability,\n (4) Being habitually drunk or being dependent on, or a habitual user\nof narcotics, barbiturates, amphetamines, hallucinogens, or other drugs\nhaving similar effects,\n (5) (a) Being convicted of committing an act constituting a crime\nunder:\n (i) New York State law or,\n (ii) Federal law or,\n (iii) The law of another jurisdiction and which, if committed within\nthis state, would have constituted a crime under New York State law;\n (b) Having been found guilty of improper professional practice or\nprofessional misconduct by a duly authorized professional disciplinary\nagency of another state where the conduct upon which the finding was\nbased would, if committed in New York state, constitute professional\nmisconduct under the laws of New York state;\n (c) Having been found by the commissioner of health to be in violation\nof article thirty-three of the public health law.\n (d) Having his license to practice medicine revoked, suspended or\nhaving other disciplinary action taken, or having his application for a\nlicense refused, revoked or suspended or having voluntarily or otherwise\nsurrendered his license after a disciplinary action was instituted by a\nduly authorized professional disciplinary agency of another state, where\nthe conduct resulting in the revocation, suspension or other\ndisciplinary action involving the license or refusal, revocation or\nsuspension of an application for a license or the surrender of the\nlicense would, if committed in New York state, constitute professional\nmisconduct under the laws of New York state.\n (6) Refusing to provide professional service to a person because of\nsuch person's race, creed, color, or national origin,\n (7) Permitting, aiding or abetting an unlicensed person to perform\nactivities requiring a license,\n (8) Practicing the profession while the license is suspended, or\nwilfully failing to register or notify the department of any change of\nname or mailing address, or, if a professional service corporation\nwilfully failing to comply with sections fifteen hundred three and\nfifteen hundred fourteen of the business corporation law or, if a\nuniversity faculty practice corporation wilfully failing to comply with\nparagraphs (b), (c) and (d) of section fifteen hundred three and section\nfifteen hundred fourteen of the business corporation law,\n (9) Committing unprofessional conduct, as defined by the board of\nregents in its rules or by the commissioner in regulations approved by\nthe board of regents,\n (10) A violation of section twenty-eight hundred three-d or\ntwenty-eight hundred five-k of the public health law.\n 11. A violation of section six thousand five hundred five-b of this\nchapter by a professional other than a professional subject to the\nprovisions of paragraph (f) of subdivision one of section twenty-eight\nhundred five-k of the public health law.\n (12) In the event that the department of environmental conservation\nhas reported to the department alleged misconduct by an architect or\nprofessional engineer in making a certification under section nineteen\nof the tax law (relating to the green building tax credit) the board of\nregents, upon a hearing and a finding of willful misconduct, may revoke\nthe license of such professional or prescribe such other penalty as it\ndetermines to be appropriate.\n (13) In the event that any agency designated pursuant to title four-B\nof article four of the real property tax law (relating to the green roof\ntax abatement) has reported to the department alleged misconduct by an\narchitect or engineer in making a certification under such title, the\nboard of regents, upon a hearing and a finding of willful misconduct,\nmay revoke the license of such professional or prescribe such other\npenalty as it determines to be appropriate.\n (14) In the event that any agency designated pursuant to title four-C\nof article four of the real property tax law (relating to the solar\nelectric generating system tax abatement) has reported to the department\nalleged misconduct by an architect or engineer in making a certification\nunder such title, the board of regents, upon a hearing and a finding of\nwillful misconduct, may revoke the license of such professional or\nprescribe such other penalty as it determines to be appropriate.\n