§ 6531 — Additional definition of professional misconduct, limited application

§ 6531. Additional definition of professional misconduct, limited\napplication. Notwithstanding any inconsistent provision of this article\nor any other provisions of law to the contrary, the license or\nregistration of a person subject to the provisions of this article and\narticle one hundred thirty-one-B of this chapter may be revoked,\nsuspended, or annulled or such person may be subject to any other\npenalty provided in section two hundred thirty-a of the public health\nlaw in accordance with the provisions and procedures of this article for\nthe 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\ntreatment under this chapter, except payment, not to exceed thirty-three\nand one-third percent 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, or university faculty practice\ncorporations or groups by the individual members thereof, for\nprofessional services furnished by an individual professional member, or\nemployee 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 groups, or pooling of fees or\nmoneys received or shared, division or apportionment of fees shall be\npermitted with respect to and treatment under the workers' compensation\nlaw. Nothing contained in this chapter shall prohibit a corporation\nlicensed pursuant to article forty-three of the insurance law pursuant\nto its contract with the subscribed from prorationing a medical or\ndental expenses indemnity allowance among two or more professionals in\nproportion to the services rendered by each such professional at the\nrequest of the subscriber, provided that prior to payment thereof such\nprofessionals shall submit both to the corporation licensed pursuant to\narticle forty-three of the insurance law and to the subscriber\nstatements itemizing the services rendered by each such professional and\nthe charges therefor.\n