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This entry was published on 2014-09-22
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Additional definition of professional misconduct, limited application
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 131-A
§ 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.