§ 6509-A — Additional definition of professional misconduct; limited application

§ 6509-a. Additional definition of professional misconduct; limited\napplication. Notwithstanding any inconsistent provision of this article\nor of any other provision of law to the contrary, the license or\nregistration of a person subject to the provisions of articles one\nhundred thirty-two, one hundred thirty-three, one hundred thirty-six,\none hundred thirty-seven, one hundred thirty-nine, one hundred\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\nfifty-six, one hundred fifty-nine and one hundred sixty-four of this\nchapter may be revoked, suspended or annulled or such person may be\nsubject to any other penalty provided in section sixty-five hundred\neleven of this article in accordance with the provisions and procedure\nof this article for the following:\n That any person subject to the above enumerated articles, has directly\nor indirectly requested, received or participated in the division,\ntransference, assignment, rebate, splitting or refunding of a fee for,\nor has directly requested, received or profited by means of a credit or\nother valuable consideration as a commission, discount or gratuity in\nconnection with the furnishing of professional care, or service,\nincluding x-ray examination and treatment, or for or in connection with\nthe sale, rental, supplying or furnishing of clinical laboratory\nservices or supplies, x-ray laboratory services or supplies, inhalation\ntherapy service or equipment, ambulance service, hospital or medical\nsupplies, physiotherapy or other therapeutic service or equipment,\nartificial limbs, teeth or eyes, orthopedic or surgical appliances or\nsupplies, optical appliances, supplies or equipment, devices for aid of\nhearing, drugs, medication or medical supplies or any other goods,\nservices or supplies prescribed for medical diagnosis, care or treatment\nunder this chapter, except payment, not to exceed thirty-three and\none-third per centum of any fee received for x-ray examination,\ndiagnosis or treatment, to any hospital furnishing facilities for such\nexamination, diagnosis or treatment. Nothing contained in this section\nshall prohibit such persons from practicing as partners, in groups or as\na professional corporation or as a university faculty practice\ncorporation nor from pooling fees and moneys received, either by the\npartnerships, professional corporations, university faculty practice\ncorporations or groups by the individual members thereof, for\nprofessional services furnished by any individual professional member,\nor employee of such partnership, corporation or group, nor shall the\nprofessionals constituting the partnerships, corporations or groups be\nprohibited from sharing, dividing or apportioning the fees and moneys\nreceived by them or by the partnership, corporation or group in\naccordance with a partnership or other agreement; provided that no such\npractice as partners, corporations or in groups or pooling of fees or\nmoneys received or shared, division or apportionment of fees shall be\npermitted with respect to care and treatment under the workers'\ncompensation law except as expressly authorized by the workers'\ncompensation law. Nothing contained in this chapter shall prohibit a\nmedical or dental expense indemnity corporation pursuant to its contract\nwith the subscriber from prorationing a medical or dental expense\nindemnity allowance among two or more professionals in proportion to the\nservices rendered by each such professional at the request of the\nsubscriber, provided that prior to payment thereof such professionals\nshall submit both to the medical or dental expense indemnity corporation\nand to the subscriber statements itemizing the services rendered by each\nsuch professional and the charges therefor.\n