N.Y. Education Law § 6531: Additional definition of professional misconduct, limited application

§ 6531. Additional definition of professional misconduct, limited

application. Notwithstanding any inconsistent provision of this article

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

registration of a person subject to the provisions of this article and

article one hundred thirty-one-B of this chapter may be revoked,

suspended, or annulled or such person may be subject to any other

penalty provided in section two hundred thirty-a of the public health

law in accordance with the provisions and procedures 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 percent 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, or university faculty practice

corporations or groups by the individual members thereof, for

professional services furnished by an 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 groups, or pooling of fees or

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

permitted with respect to and treatment under the workers' compensation

law. Nothing contained in this chapter shall prohibit a corporation

licensed pursuant to article forty-three of the insurance law pursuant

to its contract with the subscribed from prorationing a medical or

dental expenses 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 corporation licensed pursuant to

article forty-three of the insurance law and to the subscriber

statements itemizing the services rendered by each such professional and

the charges therefor.