§ 3510. Suspension or revocation. 1. The license, registration or
intravenous contrast administration certificate of a radiologic
technologist may be suspended for a fixed period, revoked or annulled,
or such licensee censured, reprimanded, subject to a civil penalty not
to exceed two thousand dollars for every such violation, or otherwise
disciplined, in accordance with the provisions and procedures defined in
this article, provided that no civil penalty shall be assessed for any
crime or misconduct that occurred outside the jurisdiction of New York
state upon decision after due hearing that the individual is guilty of
the following misconduct:

(a) any fraud or deceit in the practice or has been guilty of any
fraud or deceit in procuring a license, registration or certificate;

(b) conviction in a court of competent jurisdiction, either within or
without this state, of a crime involving moral character;

(c) being a habitual abuser of alcohol or being dependent on or a
habitual user of narcotics, barbiturates, amphetamines, hallucinogens or
other drugs having similar effects. Exceptions may be made for a
licensee who is maintained on an approved therapeutic regimen which does
not impair the ability to practice;

(d) aiding and abetting in the practice of radiologic technology a
person who is not a registered radiologic technologist or who is
practicing a form of radiologic technology which is beyond the scope of
the individual's license;

(e) engaging in any practice beyond the scope of the practice of
radiologic technology or beyond the scope of the individual's license as
defined in this article;

(f) falsely impersonating a duly registered radiologic technologist or
former duly registered radiologic technologist, or is practicing
radiologic technology under an assumed name;

(g) unethical conduct as defined by rules promulgated by the
commissioner;

(h) failure to obtain a certificate of registration as required by
section thirty-five hundred seven of this article;

(i) applying radiation to a human being when not under the necessary
supervision of a duly licensed practitioner as defined in this article,
or to any person or part of the human body other than those specified in
the law under which such practitioner is licensed;

(j) expressing to a member of the public an interpretation of medical
test results;

(k) using the prefix "Dr.", the word "doctor" or any suffix or affix
to indicate or imply that the licensee is a duly licensed practitioner
as defined in this article when not so licensed;

(l) incompetence or negligence;

(m) being convicted of a crime which has a direct relationship to the
employment or licensure at issue or poses an unreasonable risk to public
safety pursuant to article twenty-three-a of the correction law and is a
conviction under (i) New York state law; (ii) federal law; or (iii) the
law of another jurisdiction which, if committed within this state, would
have constituted professional misconduct under New York state law;

(n) 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, if committed in New York state, would constitute professional
misconduct under the laws of New York state;

(o) having been found guilty in an adjudicatory proceeding of
violating a state or federal statute or regulation, pursuant to a final
decision or determination, and when no appeal is pending, or after
resolution of the proceeding by stipulation or agreement, and when the
violation would constitute professional misconduct under the laws of New
York state; or

(p) having his or her license to practice as a radiologic technologist
revoked, suspended or having other disciplinary action taken, or having
his or her application for a license refused, revoked or suspended or
having voluntarily or otherwise surrendered his or her 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. A radiologic technologist licensed in New York state who is also
licensed or seeking licensure in another state must immediately report
to the department any revocation, suspension or other disciplinary
action involving the out-of-state license or refusal, revocation or
suspension of an application for an out-of-state license or the
surrender of the out-of-state license.

2. (a) No person convicted of a felony shall continue to hold a
license to practice radiologic technology, unless he or she has been
granted an executive pardon, a certificate of relief from disabilities
or a certificate of good conduct for such felony and, the commissioner,
in his or her discretion, restores the license after determining that
the individual does not pose a threat to patient health and safety.

(b) A conviction of a felony shall include the conviction of a felony
by any court in this state or by any court of the United States or by
any court of any other state of the United States, and in the event that
a crime of which the practitioner of radiologic technology is convicted
by any court of the United States or any other state is not a felony in
the jurisdiction in which the conviction is had but is substantially
similar to a felony in the state of New York, then the conviction shall
be deemed a conviction of a felony for the purpose of this article.