NY Pub Health L § 3510 (2021)
2021 New York Laws PBH - Public Health Article 35 - Practice of Radiologic Technology Title 3 - Violations; Penalties 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.