Legislation
SECTION 230-A
Penalties for professional misconduct
Public Health (PBH) CHAPTER 45, ARTICLE 2, TITLE 2-A
* § 230-a. Penalties for professional misconduct. The penalties which
may be imposed by the state board for professional medical conduct on a
present or former licensee found guilty of professional misconduct under
the definitions and proceedings prescribed in section two hundred thirty
of this title and sections sixty-five hundred thirty and sixty-five
hundred thirty-one of the education law are:
1. Censure and reprimand;
2. Suspension of license, (a) wholly, for a fixed period of time; (b)
wholly, except to the limited extent required for the licensee to
successfully complete a course of retraining; (c) wholly, until the
licensee successfully completes a course of therapy or treatment
prescribed by the board; (d) wholly, until the licensee completes
rehabilitation to the satisfaction of the board; (e) wholly, until the
licensee complies with the terms or conditions of a board order; (f)
partially, until the licensee successfully completes a course of
retraining in the area to which the suspension applies; (g) partially,
for a specified period or until the licensee complies with the terms or
conditions of a board order;
3. Limitation of the license to a specified area or type of practice;
4. Revocation of license;
5. Annulment of license or registration;
6. Limitation on registration or issuance of any further license;
7. A fine not to exceed ten thousand dollars upon each specification
of charges of which the respondent is determined to be guilty;
8. A requirement that a licensee pursue a course of education or
training; and
9. A requirement that a licensee perform up to five hundred hours of
public service in a manner and at a time and place as directed by the
board. The board may stay such penalties in whole or in part or place
the licensee on probation with or without imposition of one of the
penalties provided pursuant to this section. Any fine imposed pursuant
to this section or pursuant to paragraph (m) of subdivision ten of
section two hundred thirty of this title may be sued for and recovered
in the name of the people of the state of New York in an action brought
by the attorney general. In such action, the findings, determinations
and order of the board shall be admissible evidence and shall be
conclusive proof of the violation and the penalty assessed.
* NB There are 2 § 230-a's
may be imposed by the state board for professional medical conduct on a
present or former licensee found guilty of professional misconduct under
the definitions and proceedings prescribed in section two hundred thirty
of this title and sections sixty-five hundred thirty and sixty-five
hundred thirty-one of the education law are:
1. Censure and reprimand;
2. Suspension of license, (a) wholly, for a fixed period of time; (b)
wholly, except to the limited extent required for the licensee to
successfully complete a course of retraining; (c) wholly, until the
licensee successfully completes a course of therapy or treatment
prescribed by the board; (d) wholly, until the licensee completes
rehabilitation to the satisfaction of the board; (e) wholly, until the
licensee complies with the terms or conditions of a board order; (f)
partially, until the licensee successfully completes a course of
retraining in the area to which the suspension applies; (g) partially,
for a specified period or until the licensee complies with the terms or
conditions of a board order;
3. Limitation of the license to a specified area or type of practice;
4. Revocation of license;
5. Annulment of license or registration;
6. Limitation on registration or issuance of any further license;
7. A fine not to exceed ten thousand dollars upon each specification
of charges of which the respondent is determined to be guilty;
8. A requirement that a licensee pursue a course of education or
training; and
9. A requirement that a licensee perform up to five hundred hours of
public service in a manner and at a time and place as directed by the
board. The board may stay such penalties in whole or in part or place
the licensee on probation with or without imposition of one of the
penalties provided pursuant to this section. Any fine imposed pursuant
to this section or pursuant to paragraph (m) of subdivision ten of
section two hundred thirty of this title may be sued for and recovered
in the name of the people of the state of New York in an action brought
by the attorney general. In such action, the findings, determinations
and order of the board shall be admissible evidence and shall be
conclusive proof of the violation and the penalty assessed.
* NB There are 2 § 230-a's