NY STATE
DEPARTMENT OF HEALTH
Education Law 6530
Definitions of Professional Misconduct
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Each of the following is professional misconduct, and any licensee
found guilty of such misconduct under the procedures prescribed in
section two hundred thirty of the public health law shall be subject to
penalties as prescribed in section two hundred thirty-a of the public
health law except that the charges may be dismissed in the interest of
justice:
4. Practicing the profession with gross negligence on a particular
occasion;
5. Practicing the profession with incompetence on more than one
occasion;
6. Practicing the profession with gross incompetence;
16. A willful or grossly negligent failure to comply with substantial
provisions of federal, state, or local laws, rules, or regulations
governing the practice of medicine;
17. Exercising undue influence on the patient, including the promotion
of the sale of services, goods, appliances, or drugs in such manner as
to exploit the patient for the financial gain of the licensee or of a
third party;
20. Conduct in the practice of medicine which evidences moral unfitness
to practice medicine;
21. Willfully making or filing a false report, or failing to file a
report required by law or by the department of health or the education
department, or willfully impeding or obstructing such filing, or
inducing another person to do so;
22. Failing to make available to a patient, upon request, copies of
documents in the possession or under the control of the licensee which
have been prepared for and paid for by the patient or client;
23. Revealing of personally identifiable facts, data, or information
obtained in a professional capacity without the prior consent of the
patient, except as authorized or required by law;
25-a. With respect to any non-emergency treatment, procedure or surgery
which is expected to involve local or general anesthesia, failing to
disclose to the patient the identities of all physicians, except
medical residents in certified training programs, podiatrists and
dentists, reasonably anticipated to be actively involved in such
treatment, procedure or surgery and to obtain such patient's informed
consent to said practitioners' participation;
30. Abandoning or neglecting a patient under and in need of immediate
professional care, without making reasonable arrangements for the
continuation of such care, or abandoning a professional employment by a
group practice, hospital, clinic or other health care facility, without
reasonable notice and under circumstances which seriously impair the
delivery of professional care to patients or clients;
31. Willfully harassing, abusing, or intimidating a patient either
physically or verbally;
32. Failing to maintain a record for each patient which accurately
reflects the evaluation and treatment of the patient, provided,
however, that a physician who transfers an original mammogram to a
medical institution, or to a physician or health care provider of the
patient, or to the patient directly, as otherwise provided by law,
shall have no obligation under this section to maintain the original or
a copy thereof. Unless otherwise provided by law, all patient records
must be retained for at least six years. Obstetrical records and
records of minor patients must be retained for at least six years, and
until one year after the minor patient reaches the age of eighteen
years;
http://www.health.state.ny.us/nysdoh/opmc/laws/6530.htm