§ 3510 — Suspension or revocation

§ 3510. Suspension or revocation. 1. The license, registration or\nintravenous contrast administration certificate of a radiologic\ntechnologist may be suspended for a fixed period, revoked or annulled,\nor such licensee censured, reprimanded, subject to a civil penalty not\nto exceed two thousand dollars for every such violation, or otherwise\ndisciplined, in accordance with the provisions and procedures defined in\nthis article, provided that no civil penalty shall be assessed for any\ncrime or misconduct that occurred outside the jurisdiction of New York\nstate upon decision after due hearing that the individual is guilty of\nthe following misconduct:\n (a) any fraud or deceit in the practice or has been guilty of any\nfraud or deceit in procuring a license, registration or certificate;\n (b) conviction in a court of competent jurisdiction, either within or\nwithout this state, of a crime involving moral character;\n (c) being a habitual abuser of alcohol or being dependent on or a\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens or\nother drugs having similar effects. Exceptions may be made for a\nlicensee who is maintained on an approved therapeutic regimen which does\nnot impair the ability to practice;\n (d) aiding and abetting in the practice of radiologic technology a\nperson who is not a registered radiologic technologist or who is\npracticing a form of radiologic technology which is beyond the scope of\nthe individual's license;\n (e) engaging in any practice beyond the scope of the practice of\nradiologic technology or beyond the scope of the individual's license as\ndefined in this article;\n (f) falsely impersonating a duly registered radiologic technologist or\nformer duly registered radiologic technologist, or is practicing\nradiologic technology under an assumed name;\n (g) unethical conduct as defined by rules promulgated by the\ncommissioner;\n (h) failure to obtain a certificate of registration as required by\nsection thirty-five hundred seven of this article;\n (i) applying radiation to a human being when not under the necessary\nsupervision of a duly licensed practitioner as defined in this article,\nor to any person or part of the human body other than those specified in\nthe law under which such practitioner is licensed;\n (j) expressing to a member of the public an interpretation of medical\ntest results;\n (k) using the prefix "Dr.", the word "doctor" or any suffix or affix\nto indicate or imply that the licensee is a duly licensed practitioner\nas defined in this article when not so licensed;\n (l) incompetence or negligence;\n (m) being convicted of a crime which has a direct relationship to the\nemployment or licensure at issue or poses an unreasonable risk to public\nsafety pursuant to article twenty-three-a of the correction law and is a\nconviction under (i) New York state law; (ii) federal law; or (iii) the\nlaw of another jurisdiction which, if committed within this state, would\nhave constituted professional misconduct under New York state law;\n (n) 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, if committed in New York state, would constitute professional\nmisconduct under the laws of New York state;\n (o) having been found guilty in an adjudicatory proceeding of\nviolating a state or federal statute or regulation, pursuant to a final\ndecision or determination, and when no appeal is pending, or after\nresolution of the proceeding by stipulation or agreement, and when the\nviolation would constitute professional misconduct under the laws of New\nYork state; or\n (p) having his or her license to practice as a radiologic technologist\nrevoked, suspended or having other disciplinary action taken, or having\nhis or her application for a license refused, revoked or suspended or\nhaving voluntarily or otherwise surrendered his or her license after a\ndisciplinary action was instituted by a duly authorized professional\ndisciplinary agency of another state, where the conduct resulting in the\nrevocation, suspension or other disciplinary action involving the\nlicense or refusal, revocation or suspension of an application for a\nlicense or the surrender of the license would, if committed in New York\nstate, constitute professional misconduct under the laws of New York\nstate. A radiologic technologist licensed in New York state who is also\nlicensed or seeking licensure in another state must immediately report\nto the department any revocation, suspension or other disciplinary\naction involving the out-of-state license or refusal, revocation or\nsuspension of an application for an out-of-state license or the\nsurrender of the out-of-state license.\n 2. (a) No person convicted of a felony shall continue to hold a\nlicense to practice radiologic technology, unless he or she has been\ngranted an executive pardon, a certificate of relief from disabilities\nor a certificate of good conduct for such felony and, the commissioner,\nin his or her discretion, restores the license after determining that\nthe individual does not pose a threat to patient health and safety.\n (b) A conviction of a felony shall include the conviction of a felony\nby any court in this state or by any court of the United States or by\nany court of any other state of the United States, and in the event that\na crime of which the practitioner of radiologic technology is convicted\nby any court of the United States or any other state is not a felony in\nthe jurisdiction in which the conviction is had but is substantially\nsimilar to a felony in the state of New York, then the conviction shall\nbe deemed a conviction of a felony for the purpose of this article.\n