2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 130* - General Provisions › Sub Art. 3 - Professional Misconduct. › 6509-A - Additional Definition of Professional Misconduct; Limited Application.

§ 6509-a. Additional  definition  of  professional misconduct; limited
  application.  Notwithstanding any inconsistent provision of this article
  or of any other provision  of  law  to  the  contrary,  the  license  or
  registration  of  a  person  subject  to  the provisions of articles one
  hundred thirty-two, one hundred thirty-three,  one  hundred  thirty-six,
  one   hundred   thirty-seven,   one  hundred  thirty-nine,  one  hundred
  forty-one, one hundred forty-three, one hundred forty-four, one  hundred
  fifty-six,  one  hundred  fifty-nine  and one hundred sixty-four of this
  chapter may be revoked, suspended or annulled  or  such  person  may  be
  subject  to  any  other  penalty  provided in section sixty-five hundred
  eleven of this article in accordance with the provisions  and  procedure
  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  per  centum  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,  university  faculty  practice
  corporations   or   groups   by  the  individual  members  thereof,  for
  professional services furnished by any 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 in groups or pooling  of  fees  or
  moneys  received  or  shared, division or apportionment of fees shall be
  permitted  with  respect  to  care  and  treatment  under  the  workers'
  compensation   law  except  as  expressly  authorized  by  the  workers'
  compensation law.  Nothing contained in this chapter  shall  prohibit  a
  medical or dental expense indemnity corporation pursuant to its contract
  with  the  subscriber  from  prorationing  a  medical  or dental expense
  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 medical or dental expense indemnity corporation
  and to the subscriber statements itemizing the services rendered by each
  such professional and the charges therefor.