2023 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.