Section 6531. Additional definition of professional misconduct, limited application

Notwithstanding any inconsistent provision of this article  or any  other  provisions  of  law  to  the  contrary,  the  license  or
  registration  of  a person subject to the provisions of this article and
  article one  hundred  thirty-one-B  of  this  chapter  may  be  revoked,
  suspended,  or  annulled  or  such  person  may  be subject to any other
  penalty provided in section two hundred thirty-a of  the  public  health
  law in accordance with the provisions and procedures of this article for
  the following:
    That  any person subject to the above-enumerated articles has directly
  or indirectly requested,  received  or  participated  in  the  division,
  transference,  assignment, rebate, splitting, or refunding of a fee for,
  or has directly requested, received or profited by means of a credit  or
  other  valuable  consideration as a commission, discount or gratuity, in
  connection  with  the  furnishing  of  professional  care  or   service,
  including  x-ray examination and treatment, or for or in connection with
  the sale,  rental,  supplying,  or  furnishing  of  clinical  laboratory
  services  or supplies, x-ray laboratory services or supplies, inhalation
  therapy service or equipment, ambulance  service,  hospital  or  medical
  supplies,  physiotherapy  or  other  therapeutic  service  or equipment,
  artificial limbs, teeth or eyes, orthopedic or  surgical  appliances  or
  supplies, optical appliances, supplies, or equipment, devices for aid of
  hearing,  drugs,  medication,  or  medical supplies, or any other goods,
  services,  or  supplies  prescribed  for  medical  diagnosis,  care,  or
  treatment under this chapter, except payment, not to exceed thirty-three
  and  one-third  percent  of  any  fee  received  for  x-ray examination,
  diagnosis, or treatment, to any hospital furnishing facilities for  such
  examination,  diagnosis, or treatment. Nothing contained in this section
  shall prohibit such persons from practicing as partners, in groups or as
  a  professional  corporation  or  as  a  university   faculty   practice
  corporation,  nor  from  pooling fees and moneys received, either by the
  partnerships, professional corporations, or university faculty  practice
  corporations   or   groups   by  the  individual  members  thereof,  for
  professional services furnished by an individual professional member, or
  employee of such partnership,  corporation,  or  group,  nor  shall  the
  professionals  constituting  the partnerships, corporations or groups be
  prohibited from sharing, dividing, or apportioning the fees  and  moneys
  received  by  them  or  by  the  partnership,  corporation,  or group in
  accordance with a partnership or other agreement; provided that no  such
  practice  as  partners,  corporations,  or groups, or pooling of fees or
  moneys received or shared, division or apportionment of  fees  shall  be
  permitted  with respect to and treatment under the workers' compensation
  law. Nothing contained in this  chapter  shall  prohibit  a  corporation
  licensed  pursuant  to article forty-three of the insurance law pursuant
  to its contract with the  subscribed  from  prorationing  a  medical  or
  dental  expenses  indemnity allowance among two or more professionals in
  proportion to the services rendered by each  such  professional  at  the
  request  of  the subscriber, provided that prior to payment thereof such
  professionals shall submit both to the corporation licensed pursuant  to
  article   forty-three  of  the  insurance  law  and  to  the  subscriber
  statements itemizing the services rendered by each such professional and
  the charges therefor.