3510 - Suspension or revocation.

§  3510.  Suspension  or  revocation.  1. The license, registration or  intravenous  contrast  administration  certificate  of  a   radiological  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, 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; or    (l) incompetence or negligence.    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.