N.Y. Education Law § 6509: Definitions of professional misconduct

§ 6509. Definitions of professional misconduct. Each of the following

is professional misconduct, and any licensee found guilty of such

misconduct under the procedures prescribed in section sixty-five hundred

ten shall be subject to the penalties prescribed in section sixty-five

hundred eleven:

(1) Obtaining the license fraudulently,

(2) Practicing the profession fraudulently, beyond its authorized

scope, with gross incompetence, with gross negligence on a particular

occasion or negligence or incompetence on more than one occasion,

(3) Practicing the profession while the ability to practice is

impaired by alcohol, drugs, physical disability, or mental disability,

(4) Being habitually drunk or being dependent on, or a habitual user

of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs

having similar effects,

(5) (a) Being convicted of committing an act constituting a crime

under:

(i) New York State law or,

(ii) Federal law or,

(iii) The law of another jurisdiction and which, if committed within

this state, would have constituted a crime under New York State law;

(b) Having been found guilty of improper professional practice or

professional misconduct by a duly authorized professional disciplinary

agency of another state where the conduct upon which the finding was

based would, if committed in New York state, constitute professional

misconduct under the laws of New York state;

(c) Having been found by the commissioner of health to be in violation

of article thirty-three of the public health law.

(d) Having his license to practice medicine revoked, suspended or

having other disciplinary action taken, or having his application for a

license refused, revoked or suspended or having voluntarily or otherwise

surrendered his license after a disciplinary action was instituted by a

duly authorized professional disciplinary agency of another state, where

the conduct resulting in the revocation, suspension or other

disciplinary action involving the license or refusal, revocation or

suspension of an application for a license or the surrender of the

license would, if committed in New York state, constitute professional

misconduct under the laws of New York state.

(6) Refusing to provide professional service to a person because of

such person's race, creed, color, or national origin,

(7) Permitting, aiding or abetting an unlicensed person to perform

activities requiring a license,

(8) Practicing the profession while the license is suspended, or

wilfully failing to register or notify the department of any change of

name or mailing address, or, if a professional service corporation

wilfully failing to comply with sections fifteen hundred three and

fifteen hundred fourteen of the business corporation law or, if a

university faculty practice corporation wilfully failing to comply with

paragraphs (b), (c) and (d) of section fifteen hundred three and section

fifteen hundred fourteen of the business corporation law,

(9) Committing unprofessional conduct, as defined by the board of

regents in its rules or by the commissioner in regulations approved by

the board of regents,

(10) A violation of section twenty-eight hundred three-d or

twenty-eight hundred five-k of the public health law.

11. A violation of section six thousand five hundred five-b of this

chapter by a professional other than a professional subject to the

provisions of paragraph (f) of subdivision one of section twenty-eight

hundred five-k of the public health law.

(12) In the event that the department of environmental conservation

has reported to the department alleged misconduct by an architect or

professional engineer in making a certification under section nineteen

of the tax law (relating to the green building tax credit) the board of

regents, upon a hearing and a finding of willful misconduct, may revoke

the license of such professional or prescribe such other penalty as it

determines to be appropriate.

(13) In the event that any agency designated pursuant to title four-B

of article four of the real property tax law (relating to the green roof

tax abatement) has reported to the department alleged misconduct by an

architect or engineer in making a certification under such title, the

board of regents, upon a hearing and a finding of willful misconduct,

may revoke the license of such professional or prescribe such other

penalty as it determines to be appropriate.

(14) In the event that any agency designated pursuant to title four-C

of article four of the real property tax law (relating to the solar

electric generating system tax abatement) has reported to the department

alleged misconduct by an architect or engineer in making a certification

under such title, the board of regents, upon a hearing and a finding of

willful misconduct, may revoke the license of such professional or

prescribe such other penalty as it determines to be appropriate.