3512 - Penalties. - New York Statutes

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