§ 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.