§ 3512. Penalties. 1. It shall be a misdemeanor for a person to:

Terms Used In N.Y. Public Health Law 3512

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intravenous contrast administration certificate: means a certificate granted and issued by the department under this article to administer and inject contrast media. See N.Y. Public Health Law 3501
  • License: means a license granted and issued by the department under this article to practice radiography, radiation therapy technology or nuclear medicine technology. See N.Y. Public Health Law 3501
  • Radiologic technologist: means a person who is licensed under this article to practice radiography or radiation therapy or nuclear medicine. See N.Y. Public Health Law 3501
  • Radiologic technology: means the practice of radiography, radiation therapy and nuclear medicine technology. See N.Y. Public Health Law 3501

(a) sell or fraudulently obtain or furnish a radiologic technologist diploma, license, record or certificate of registration or intravenous contrast administration certificate;

(b) practice radiologic technology under cover of a diploma, license, registration or certificate illegally or fraudulently obtained or signed or issued unlawfully, or under fraudulent representation or mistake of fact in material regard;

(c) practice radiologic technology under a false or assumed name;

(d) practice or act as entitled to practice radiologic technology without a valid license or certificate, without a license appropriate to the purposes for which radiation is applied on human beings, or after having been convicted of a felony which has not been reported to the department; or

(e) otherwise violate any of the provisions of this article.

2. Such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine not to exceed two thousand dollars for every such violation, or by both such fine and imprisonment for each separate violation.

3. All violations of this article, when reported to the department and duly substantiated by affidavits or other satisfactory evidence, shall be investigated and if the report is found to be true and the complaint substantiated, the department shall report such violation to the attorney general and request prompt prosecution of such violation.

4. In the prosecution of any criminal action for violation of this article by the attorney general or his or her deputy, the attorney general or his or her deputy may exercise all the powers and perform all the duties with respect to such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform, and in such action or proceeding the district attorney shall only exercise such powers and perform such duties as are required of him or her by the attorney general or the deputy attorney general so attending.