New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 29 - Unprofessional Conduct
Section 29.1 - General provisions
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 29.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Unprofessional conduct shall be the conduct prohibited by this section. The provisions of these rules applicable to a particular profession may define additional acts or omissions as unprofessional conduct and may establish exceptions to these general prohibitions.
(b) Unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law, except for cases involving those professions licensed, certified or registered pursuant to the provisions of article 131 or 131-B of such law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of chapter 606 of the Laws of 1991, shall include:
(1) willful or grossly
negligent failure to comply with substantial provisions of Federal, State or
local laws, rules or regulations governing the practice of the
profession;
(2) exercising undue
influence on the patient or client, including the promotion of the sale of
services, goods, appliances or drugs in such manner as to exploit the patient
or client for the financial gain of the practitioner or of a third
party;
(3) directly or indirectly
offering, giving, soliciting, or receiving or agreeing to receive, any fee or
other consideration to or from a third party for the referral of a patient or
client or in connection with the performance of professional
services;
(4) permitting any person
to share in the fees for professional services, other than: a partner,
employee, associate in a professional firm or corporation, professional
subcontractor or consultant authorized to practice the same profession, or a
legally authorized trainee practicing under the supervision of a licensed
practitioner. This prohibition shall include any arrangement or agreement
whereby the amount received in payment for furnishing space, facilities,
equipment or personnel services used by a professional licensee constitutes a
percentage of, or is otherwise dependent upon, the income or receipts of the
licensee from such practice, except as otherwise provided by law with respect
to a facility licensed pursuant to article 28 of the Public Health Law or
article 13 of the Mental Hygiene Law;
(5) conduct in the practice of a profession
which evidences moral unfitness to practice the profession;
(6) willfully making or filing a false
report, or failing to file a report required by law or by the Education
Department, or willfully impeding or obstructing such filing, or inducing
another person to do so;
(7)
failing to make available to a patient or client, 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;
(8) revealing of personally identifiable
facts, data or information obtained in a professional capacity without the
prior consent of the patient or client, except as authorized or required by
law;
(9) practicing or offering to
practice beyond the scope permitted by law, or accepting and performing
professional responsibilities which the licensee knows or has reason to know
that he or she is not competent to perform, or performing without adequate
supervision professional services which the licensee is authorized to perform
only under the supervision of a licensed professional, except in an emergency
situation where a person's life or health is in danger;
(10) delegating professional responsibilities
to a person when the licensee delegating such responsibilities knows or has
reason to know that such person is not qualified, by training, by experience or
by licensure, to perform them;
(11)
performing professional services which have not been duly authorized by the
patient or client or his or her legal representative;
(12) advertising or soliciting for patronage
that is not in the public interest:
(i)
Advertising or soliciting not in the public interest shall include, but not be
limited to, advertising or soliciting that:
(a) is false, fraudulent, deceptive or
misleading;
(b) guarantees any
service;
(c) makes any claim
relating to professional services or products or the cost or price therefor
which cannot be substantiated by the licensee, who shall have the burden of
proof;
(d) makes claims of
professional superiority which cannot be substantiated by the licensee, who
shall have the burden of proof; or
(e) offers bonuses or inducements in any form
other than a discount or reduction in an established fee or price for a
professional service or product.
(ii) The following shall be deemed
appropriate means of informing the public of the availability of professional
services:
(a) informational advertising not
contrary to the foregoing prohibitions; and
(b) the advertising in a newspaper,
periodical or professional directory or on radio or television of fixed prices,
or a stated range of prices, for specified routine professional services,
provided that if there is an additional charge for related services which are
an integral part of the overall service being provided by the licensee, the
advertisement shall so state, and provided further that the advertisement
indicates the period of time for which the advertised prices shall be in
effect;
(iii)
(iii)
(a)
all licensees placing advertisements shall maintain, or cause to be maintained,
an exact copy of each advertisement, transcript, tape or videotape thereof as
appropriate for the medium used, for a period of one year after its last
appearance. This copy shall be made available for inspection upon demand of the
Education Department;
(b) a
licensee shall not compensate or give anything of value to representatives of
the press, radio, television or other communications media in anticipation of
or in return for professional publicity in a news item.
(iv) Testimonials, demonstrations,
dramatizations, or other portrayals of professional practice are permissible
provided that they otherwise comply with the rules of professional conduct and
further provided that the following conditions are satisfied:
(a) the patient or client expressly
authorizes the portrayal in writing;
(b) appropriate disclosure is included to
prevent any misleading information or imagery as to the identity of the patient
or client;
(c) reasonable
disclaimers are included as to any statements made or results achieved in a
particular matter;
(d) the use of
fictional situations or characters may be used if no testimonials are included;
and
(e) fictional client
testimonials are not permitted;
(13) failing to respond within 30 days to
written communications from the Education Department or the Department of
Health and to make available any relevant records with respect to an inquiry or
complaint about the licensee's unprofessional conduct. The period of 30 days
shall commence on the date when such communication was delivered personally to
the licensee. If the communication is sent from either department by registered
or certified mail, with return receipt requested, to the address appearing in
the last registration, the period of 30 days shall commence on the date of
delivery to the licensee, as indicated by the return receipt;
(14) violating any term of probation or
condition or limitation imposed on the licensee by the Board of Regents
pursuant to Education Law, section 6511.
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