N.Y. Education Law § 6509-a: Additional definition of professional misconduct; limited application

§ 6509-a. Additional definition of professional misconduct; limited

application. Notwithstanding any inconsistent provision of this article

or of any other provision of law to the contrary, the license or

registration of a person subject to the provisions of articles one

hundred thirty-two, one hundred thirty-three, one hundred thirty-six,

one hundred thirty-seven, one hundred thirty-nine, one hundred

forty-one, one hundred forty-three, one hundred forty-four, one hundred

fifty-six, one hundred fifty-nine and one hundred sixty-four of this

chapter may be revoked, suspended or annulled or such person may be

subject to any other penalty provided in section sixty-five hundred

eleven of this article in accordance with the provisions and procedure

of this article for the following:

That any person subject to the above enumerated articles, has directly

or indirectly requested, received or participated in the division,

transference, assignment, rebate, splitting or refunding of a fee for,

or has directly requested, received or profited by means of a credit or

other valuable consideration as a commission, discount or gratuity in

connection with the furnishing of professional care, or service,

including x-ray examination and treatment, or for or in connection with

the sale, rental, supplying or furnishing of clinical laboratory

services or supplies, x-ray laboratory services or supplies, inhalation

therapy service or equipment, ambulance service, hospital or medical

supplies, physiotherapy or other therapeutic service or equipment,

artificial limbs, teeth or eyes, orthopedic or surgical appliances or

supplies, optical appliances, supplies or equipment, devices for aid of

hearing, drugs, medication or medical supplies or any other goods,

services or supplies prescribed for medical diagnosis, care or treatment

under this chapter, except payment, not to exceed thirty-three and

one-third per centum of any fee received for x-ray examination,

diagnosis or treatment, to any hospital furnishing facilities for such

examination, diagnosis or treatment. Nothing contained in this section

shall prohibit such persons from practicing as partners, in groups or as

a professional corporation or as a university faculty practice

corporation nor from pooling fees and moneys received, either by the

partnerships, professional corporations, university faculty practice

corporations or groups by the individual members thereof, for

professional services furnished by any individual professional member,

or employee of such partnership, corporation or group, nor shall the

professionals constituting the partnerships, corporations or groups be

prohibited from sharing, dividing or apportioning the fees and moneys

received by them or by the partnership, corporation or group in

accordance with a partnership or other agreement; provided that no such

practice as partners, corporations or in groups or pooling of fees or

moneys received or shared, division or apportionment of fees shall be

permitted with respect to care and treatment under the workers'

compensation law except as expressly authorized by the workers'

compensation law. Nothing contained in this chapter shall prohibit a

medical or dental expense indemnity corporation pursuant to its contract

with the subscriber from prorationing a medical or dental expense

indemnity allowance among two or more professionals in proportion to the

services rendered by each such professional at the request of the

subscriber, provided that prior to payment thereof such professionals

shall submit both to the medical or dental expense indemnity corporation

and to the subscriber statements itemizing the services rendered by each

such professional and the charges therefor.