N.Y. Public Health Law § 3510: Suspension or revocation

§ 3510. Suspension or revocation. 1. The license, registration or

intravenous contrast administration certificate of a radiologic

technologist may be suspended for a fixed period, revoked or annulled,

or such licensee censured, reprimanded, subject to a civil penalty not

to exceed two thousand dollars for every such violation, or otherwise

disciplined, in accordance with the provisions and procedures defined in

this article, provided that no civil penalty shall be assessed for any

crime or misconduct that occurred outside the jurisdiction of New York

state upon decision after due hearing that the individual is guilty of

the following misconduct:

(a) any fraud or deceit in the practice or has been guilty of any

fraud or deceit in procuring a license, registration or certificate;

(b) conviction in a court of competent jurisdiction, either within or

without this state, of a crime involving moral character;

(c) being a habitual abuser of alcohol or being dependent on or a

habitual user of narcotics, barbiturates, amphetamines, hallucinogens or

other drugs having similar effects. Exceptions may be made for a

licensee who is maintained on an approved therapeutic regimen which does

not impair the ability to practice;

(d) aiding and abetting in the practice of radiologic technology a

person who is not a registered radiologic technologist or who is

practicing a form of radiologic technology which is beyond the scope of

the individual's license;

(e) engaging in any practice beyond the scope of the practice of

radiologic technology or beyond the scope of the individual's license as

defined in this article;

(f) falsely impersonating a duly registered radiologic technologist or

former duly registered radiologic technologist, or is practicing

radiologic technology under an assumed name;

(g) unethical conduct as defined by rules promulgated by the

commissioner;

(h) failure to obtain a certificate of registration as required by

section thirty-five hundred seven of this article;

(i) applying radiation to a human being when not under the necessary

supervision of a duly licensed practitioner as defined in this article,

or to any person or part of the human body other than those specified in

the law under which such practitioner is licensed;

(j) expressing to a member of the public an interpretation of medical

test results;

(k) using the prefix "Dr.", the word "doctor" or any suffix or affix

to indicate or imply that the licensee is a duly licensed practitioner

as defined in this article when not so licensed;

(l) incompetence or negligence;

(m) being convicted of a crime which has a direct relationship to the

employment or licensure at issue or poses an unreasonable risk to public

safety pursuant to article twenty-three-a of the correction law and is a

conviction under (i) New York state law; (ii) federal law; or (iii) the

law of another jurisdiction which, if committed within this state, would

have constituted professional misconduct under New York state law;

(n) 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, if committed in New York state, would constitute professional

misconduct under the laws of New York state;

(o) having been found guilty in an adjudicatory proceeding of

violating a state or federal statute or regulation, pursuant to a final

decision or determination, and when no appeal is pending, or after

resolution of the proceeding by stipulation or agreement, and when the

violation would constitute professional misconduct under the laws of New

York state; or

(p) having his or her license to practice as a radiologic technologist

revoked, suspended or having other disciplinary action taken, or having

his or her application for a license refused, revoked or suspended or

having voluntarily or otherwise surrendered his or her 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. A radiologic technologist licensed in New York state who is also

licensed or seeking licensure in another state must immediately report

to the department any revocation, suspension or other disciplinary

action involving the out-of-state license or refusal, revocation or

suspension of an application for an out-of-state license or the

surrender of the out-of-state license.

2. (a) No person convicted of a felony shall continue to hold a

license to practice radiologic technology, unless he or she has been

granted an executive pardon, a certificate of relief from disabilities

or a certificate of good conduct for such felony and, the commissioner,

in his or her discretion, restores the license after determining that

the individual does not pose a threat to patient health and safety.

(b) A conviction of a felony shall include the conviction of a felony

by any court in this state or by any court of the United States or by

any court of any other state of the United States, and in the event that

a crime of which the practitioner of radiologic technology is convicted

by any court of the United States or any other state is not a felony in

the jurisdiction in which the conviction is had but is substantially

similar to a felony in the state of New York, then the conviction shall

be deemed a conviction of a felony for the purpose of this article.