New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 29 - Unprofessional Conduct
Section 29.4 - Special provisions for the profession of medicine
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 29.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Unprofessional conduct in the practice of medicine shall include all conduct prohibited by sections 29.1 and 29.2 of this Part except as provided in this section, and shall also include the following:
(1) knowingly or willfully performing a
complete or partial autopsy on a deceased person without lawful
authority;
(2) failing to comply
with a signed agreement to practice medicine in New York State in an area
designated by the Commissioner of Education as having a shortage of physicians
or refusing to repay medical education costs in lieu of such required service,
or failing to comply with any provision of a written agreement with the State
or any municipality within which the licensee has agreed to provide medical
service, or refusing to repay funds in lieu of such service as consideration of
awards made by the State or any municipality thereof for his or her
professional education in medicine, or failing to comply with any agreement
entered into to aid his or her medical education;
(3) a physician who prescribes or dispenses
lenses or frames for the correction of vision shall be subject to the
provisions of sections 29.8 and
29.9 of this Part relating to
unprofessional conduct in optometry and/or ophthalmic dispensing;
(4) in the conduct of psychological research,
failing to undertake reasonable efforts to remove the possible harmful
aftereffects of emotional stress as soon as the design of the research permits,
or failing to inform prospective research subjects or their authorized
representatives fully of the danger of serious aftereffects, if such danger
exists, before they are utilized as research subjects;
(5) in the interpretation of the provisions
of section 29.1(b)(5) of this
Part and in the treatment of sexual dysfunction as well as in other areas of
the practice of psychiatry:
(i) immoral
conduct shall include any physical contact of a sexual nature between physician
and patient; but immoral conduct shall not include the use of films and/or
other audiovisual aids with individuals or groups in the development of
appropriate responses to overcome sexual dysfunction;
(ii) in therapy groups, immoral conduct shall
include activities which promote explicit physical sexual contact between group
members during sessions.
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