New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Unprofessional conduct shall be the conduct prohibited by this section. The
				provisions of these rules applicable to a particular profession may define
				additional acts or omissions as unprofessional conduct and may establish
				exceptions to these general prohibitions.
(b) Unprofessional conduct in the practice of
				any profession licensed, certified or registered pursuant to title VIII of the
				Education Law, except for cases involving those professions licensed, certified
				or registered pursuant to the provisions of article 131 or 131-B of such law in
				which a statement of charges of professional misconduct was not served on or
				before July 26, 1991, the effective date of chapter 606 of the Laws of 1991,
				shall include:
(1) willful or grossly
				negligent failure to comply with substantial provisions of Federal, State or
				local laws, rules or regulations governing the practice of the
				profession;
(2) exercising undue
				influence on the patient or client, including the promotion of the sale of
				services, goods, appliances or drugs in such manner as to exploit the patient
				or client for the financial gain of the practitioner or of a third
				party;
(3) directly or indirectly
				offering, giving, soliciting, or receiving or agreeing to receive, any fee or
				other consideration to or from a third party for the referral of a patient or
				client or in connection with the performance of professional
				services;
(4) permitting any person
				to share in the fees for professional services, other than: a partner,
				employee, associate in a professional firm or corporation, professional
				subcontractor or consultant authorized to practice the same profession, or a
				legally authorized trainee practicing under the supervision of a licensed
				practitioner. This prohibition shall include any arrangement or agreement
				whereby the amount received in payment for furnishing space, facilities,
				equipment or personnel services used by a professional licensee constitutes a
				percentage of, or is otherwise dependent upon, the income or receipts of the
				licensee from such practice, except as otherwise provided by law with respect
				to a facility licensed pursuant to article 28 of the Public Health Law or
				article 13 of the Mental Hygiene Law;
(5) conduct in the practice of a profession
				which evidences moral unfitness to practice the profession;
(6) willfully making or filing a false
				report, or failing to file a report required by law or by the Education
				Department, or willfully impeding or obstructing such filing, or inducing
				another person to do so;
(7)
				failing to make available to a patient or client, upon request, copies of
				documents in the possession or under the control of the licensee which have
				been prepared for and paid for by the patient or client;
(8) revealing of personally identifiable
				facts, data or information obtained in a professional capacity without the
				prior consent of the patient or client, except as authorized or required by
				law;
(9) practicing or offering to
				practice beyond the scope permitted by law, or accepting and performing
				professional responsibilities which the licensee knows or has reason to know
				that he or she is not competent to perform, or performing without adequate
				supervision professional services which the licensee is authorized to perform
				only under the supervision of a licensed professional, except in an emergency
				situation where a person's life or health is in danger;
(10) delegating professional responsibilities
				to a person when the licensee delegating such responsibilities knows or has
				reason to know that such person is not qualified, by training, by experience or
				by licensure, to perform them;
(11)
				performing professional services which have not been duly authorized by the
				patient or client or his or her legal representative;
(12) advertising or soliciting for patronage
				that is not in the public interest:
(i)
				Advertising or soliciting not in the public interest shall include, but not be
				limited to, advertising or soliciting that:
(a) is false, fraudulent, deceptive or
				misleading;
(b) guarantees any
				service;
(c) makes any claim
				relating to professional services or products or the cost or price therefor
				which cannot be substantiated by the licensee, who shall have the burden of
				proof;
(d) makes claims of
				professional superiority which cannot be substantiated by the licensee, who
				shall have the burden of proof; or
(e) offers bonuses or inducements in any form
				other than a discount or reduction in an established fee or price for a
				professional service or product.
(ii) The following shall be deemed
				appropriate means of informing the public of the availability of professional
				services:
(a) informational advertising not
				contrary to the foregoing prohibitions; and
(b) the advertising in a newspaper,
				periodical or professional directory or on radio or television of fixed prices,
				or a stated range of prices, for specified routine professional services,
				provided that if there is an additional charge for related services which are
				an integral part of the overall service being provided by the licensee, the
				advertisement shall so state, and provided further that the advertisement
				indicates the period of time for which the advertised prices shall be in
				effect;
(iii)
(iii)
(a)
				all licensees placing advertisements shall maintain, or cause to be maintained,
				an exact copy of each advertisement, transcript, tape or videotape thereof as
				appropriate for the medium used, for a period of one year after its last
				appearance. This copy shall be made available for inspection upon demand of the
				Education Department;
(b) a
				licensee shall not compensate or give anything of value to representatives of
				the press, radio, television or other communications media in anticipation of
				or in return for professional publicity in a news item.
(iv) Testimonials, demonstrations,
				dramatizations, or other portrayals of professional practice are permissible
				provided that they otherwise comply with the rules of professional conduct and
				further provided that the following conditions are satisfied:
(a) the patient or client expressly
				authorizes the portrayal in writing;
(b) appropriate disclosure is included to
				prevent any misleading information or imagery as to the identity of the patient
				or client;
(c) reasonable
				disclaimers are included as to any statements made or results achieved in a
				particular matter;
(d) the use of
				fictional situations or characters may be used if no testimonials are included;
				and
(e) fictional client
				testimonials are not permitted;
(13) failing to respond within 30 days to
				written communications from the Education Department or the Department of
				Health and to make available any relevant records with respect to an inquiry or
				complaint about the licensee's unprofessional conduct. The period of 30 days
				shall commence on the date when such communication was delivered personally to
				the licensee. If the communication is sent from either department by registered
				or certified mail, with return receipt requested, to the address appearing in
				the last registration, the period of 30 days shall commence on the date of
				delivery to the licensee, as indicated by the return receipt;
(14) violating any term of probation or
				condition or limitation imposed on the licensee by the Board of Regents
				pursuant to Education Law, section 6511.