N.Y. Comp. Codes R. & Regs. tit. 8 § 29.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 29.18 - Unprofessional conduct in waived entities

(a) An entity that is issued a waiver pursuant to section 6503-a or 6503-b of the Education Law shall be under the supervision of the Board of Regents and subject to the disciplinary procedures and penalties set forth in subarticle 3 of article 130 of the Education Law. Any such waiver shall be subject to suspension, revocation or annulment for cause, and any entity holding such a waiver shall be subject to disciplinary proceedings and penalties in the same manner, to the same extent, and for the same reasons as individuals and professional entities practicing the same profession, as provided in title VIII of the Education Law and this Part. For purposes of this subdivision, a certificate of waiver shall be considered the same as a license to practice a profession.

(b) Failure to disclose information. It shall be unprofessional conduct for an entity issued a waiver pursuant to section 59.14 or 59.15 of this Title to have failed to disclose all information required by the department in order to make an accurate determination of the entity's waiver application. This shall include the failure to notify the department that a director or officer of the entity has committed an act which raises a reasonable question as to moral character.

(c) Professional services. It shall be unprofessional conduct for an entity operating under a waiver pursuant to section 6503-a or 6503-b of the Education Law to practice any profession licensed pursuant to title VIII of the Education Law or to hold itself out to the public as authorized to provide professional services, except as authorized by section 6503-a or 6503-b of the Education Law or otherwise authorized by law.

(d) In accordance with section 6503-b (7) of the Education Law, a special education school or early intervention agency granted a waiver under section 59.15 of this Title that conducts or contracts for a component of a multi-disciplinary evaluation that involves the practice of medicine by an individual subject to disciplinary proceedings in accordance with sections 230 and/or 230-b of the Public Health Law shall be subject to the pre-hearing procedures and hearing procedures as are provided with respect to individual licensees in title 2-A of article 2 of the Public Health Law.

(e) Penalties for professional misconduct. The Board of Regents may impose upon an entity found guilty of unprofessional conduct under this section those penalties and fines authorized in section 6511 of the Education Law.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 29.18