§ 6530. Definitions of professional misconduct. Each of the following\nis professional misconduct, and any licensee found guilty of such\nmisconduct under the procedures prescribed in section two hundred thirty\nof the public health law shall be subject to penalties as prescribed in\nsection two hundred thirty-a of the public health law except that the\ncharges may be dismissed in the interest of justice:\n 1. Obtaining the license fraudulently;\n 2. Practicing the profession fraudulently or beyond its authorized\nscope;\n 3. Practicing the profession with negligence on more than one\noccasion;\n 4. Practicing the profession with gross negligence on a particular\noccasion;\n 5. Practicing the profession with incompetence on more than one\noccasion;\n 6. Practicing the profession with gross incompetence;\n 7. Practicing the profession while impaired by alcohol, drugs,\nphysical disability, or mental disability;\n 8. Being a habitual abuser of alcohol, or being dependent on or a\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens,\nor other drugs having similar effects, except for a licensee who is\nmaintained on an approved therapeutic regimen which does not impair the\nability to practice, or having a psychiatric condition which impairs the\nlicensee's ability to practice;\n 9. (a) Being convicted of committing an act constituting a crime\nunder:\n (i) New York state law or,\n (ii) federal law or,\n (iii) the law of another jurisdiction and which, if committed within\nthis state, would have constituted a crime under New York state law;\n (b) Having been found guilty of improper professional practice or\nprofessional misconduct by a duly authorized professional disciplinary\nagency of another state where the conduct upon which the finding was\nbased would, if committed in New York state, constitute professional\nmisconduct under the laws of New York state;\n (c) Having been found guilty in an adjudicatory proceeding of\nviolating a state or federal statute or regulation, pursuant to a final\ndecision or determination, and when no appeal is pending, or after\nresolution of the proceeding by stipulation or agreement, and when the\nviolation would constitute professional misconduct pursuant to this\nsection;\n (d) Having his or her license to practice medicine revoked, suspended\nor having other disciplinary action taken, or having his or her\napplication for a license refused, revoked or suspended or having\nvoluntarily or otherwise surrendered his or her license after a\ndisciplinary action was instituted by a duly authorized professional\ndisciplinary agency of another state, where the conduct resulting in the\nrevocation, suspension or other disciplinary action involving the\nlicense or refusal, revocation or suspension of an application for a\nlicense or the surrender of the license would, if committed in New York\nstate, constitute professional misconduct under the laws of New York\nstate;\n (e) Having been found by the commissioner of health to be in violation\nof article thirty-three of the public health law;\n 10. Refusing to provide professional service to a person because of\nsuch person's race, creed, color or national origin;\n 11. Permitting, aiding or abetting an unlicensed person to perform\nactivities requiring a license;\n 12. Practicing the profession while the license is suspended or\ninactive as defined in subdivision thirteen of section two hundred\nthirty of the public health law, or willfully failing to register or\nnotify the department of education of any change of name or mailing\naddress, or, if a professional service corporation, willfully failing to\ncomply with sections fifteen hundred three and fifteen hundred fourteen\nof the business corporation law or, if a university faculty practice\ncorporation wilfully failing to comply with paragraphs (b), (c) and (d)\nof section fifteen hundred three and section fifteen hundred fourteen of\nthe business corporation law;
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