2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 130* - General Provisions › Sub Art. 3 - Professional Misconduct. › 6509 - Definitions of Professional Misconduct.

§ 6509. Definitions  of professional misconduct. Each of the following
is professional misconduct,  and  any  licensee  found  guilty  of  such
misconduct under the procedures prescribed in section sixty-five hundred
ten  shall  be subject to the penalties prescribed in section sixty-five
hundred eleven:
(1) Obtaining the license fraudulently,
(2) Practicing the  profession  fraudulently,  beyond  its  authorized
scope,  with  gross  incompetence, with gross negligence on a particular
occasion or negligence or incompetence on more than one occasion,
(3) Practicing  the  profession  while  the  ability  to  practice  is
impaired by alcohol, drugs, physical disability, or mental disability,
(4)  Being  habitually drunk or being dependent on, or a habitual user
of narcotics, barbiturates, amphetamines, hallucinogens, or other  drugs
having similar effects,
(5)  (a)  Being  convicted  of  committing an act constituting a crime
under:
(i) New York State law or,
(ii) Federal law or,
(iii) The law of another jurisdiction and which, if  committed  within
this state, would have constituted a crime under New York State law;
(b)  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 would, if committed in New  York  state,  constitute  professional
misconduct under the laws of New York state;
(c) Having been found by the commissioner of health to be in violation
of article thirty-three of the public health law.
(d)  Having  his  license  to  practice medicine revoked, suspended or
having other disciplinary action taken, or having his application for  a
license refused, revoked or suspended or having voluntarily or otherwise
surrendered  his 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.
(6) Refusing to provide professional service to a  person  because  of
such person's race, creed, color, or national origin,
(7)  Permitting,  aiding  or  abetting an unlicensed person to perform
activities requiring a license,
(8) Practicing the profession  while  the  license  is  suspended,  or
wilfully  failing  to register or notify the department of any change of
name or mailing address,  or,  if  a  professional  service  corporation
wilfully  failing  to  comply  with  sections  fifteen hundred three and
fifteen hundred fourteen of  the  business  corporation  law  or,  if  a
university  faculty practice corporation wilfully failing to comply with
paragraphs (b), (c) and (d) of section fifteen hundred three and section
fifteen hundred fourteen of the business corporation law,
(9) Committing unprofessional conduct, as  defined  by  the  board  of
regents  in  its rules or by the commissioner in regulations approved by
the board of regents,
(10)  A  violation  of  section  twenty-eight   hundred   three-d   or
twenty-eight hundred five-k of the public health law.
11.  A  violation  of section six thousand five hundred five-b of this
chapter by a professional other  than  a  professional  subject  to  the
provisions  of  paragraph (f) of subdivision one of section twenty-eight
hundred five-k of the public health law.
(12) In the event that the department  of  environmental  conservation
has  reported  to  the  department alleged misconduct by an architect or
professional engineer in making a certification under  section  nineteen
of  the tax law (relating to the green building tax credit) the board of
regents,  upon a hearing and a finding of willful misconduct, may revoke
the license of such professional or prescribe such other penalty  as  it
determines to be appropriate.
(13)  In the event that any agency designated pursuant to title four-B
of article four of the real property tax law (relating to the green roof
tax abatement) has reported to the department alleged misconduct  by  an
architect  or  engineer  in making a certification under such title, the
board of regents, upon a hearing and a finding  of  willful  misconduct,
may  revoke  the  license  of  such professional or prescribe such other
penalty as it determines to be appropriate.
(14) In the event that any agency designated pursuant to title  four-C
of  article  four  of  the  real property tax law (relating to the solar
electric generating system tax abatement) has reported to the department
alleged misconduct by an architect or engineer in making a certification
under such title, the board of regents, upon a hearing and a finding  of
willful  misconduct,  may  revoke  the  license  of such professional or
prescribe such other penalty as it determines to be appropriate.