§ 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.