N.Y. Education Law Section 8407
Boundaries of professional competency

* 1. It shall be deemed practicing outside the boundaries of his or her professional competence for a person licensed pursuant to this article, in the case of treatment of any serious mental illness, to provide any mental health service for such illness on a continuous and sustained basis without a medical evaluation of the illness by, and consultation with, a physician regarding such illness. Such medical evaluation and consultation shall be to determine and advise whether any medical care is indicated for such illness. For purposes of this section, “serious mental illness” means schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, panic disorder, obsessive-compulsive disorder, attention-deficit hyperactivity disorder and autism. * NB Effective until June 24, 2024 * 1. It shall be deemed practicing outside the boundaries of his or her professional competence for a person licensed pursuant to this article, in the case of treatment of any serious mental illness, to provide any mental health service for such illness on a continuous and sustained basis without a medical evaluation of the illness by, and consultation with, a physician regarding such illness, unless such licensed professional has been issued a privilege to diagnosis and develop assessment-based treatment plans by the department. Such medical evaluation and consultation shall be to determine and advise whether any medical care is indicated for such illness. For purposes of this section, “serious mental illness” means schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, panic disorder, obsessive-compulsive disorder, attention-deficit hyperactivity disorder and autism. * NB Effective June 24, 2024 2. Any individual whose license or authority to practice derives from the provisions of this article shall be prohibited from:

(a)

prescribing or administering drugs as defined in this chapter as a treatment, therapy, or professional service in the practice of his or her profession; or

(b)

using invasive procedures as a treatment, therapy, or professional service in the practice of his or her profession. For purposes of this subdivision, “invasive procedure” means any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical or other means. Invasive procedure includes surgery, lasers, ionizing radiation, therapeutic ultrasound, or electroconvulsive therapy.

Source: Section 8407 — Boundaries of professional competency, https://www.­nysenate.­gov/legislation/laws/EDN/8407 (updated Jul. 1, 2022; accessed Nov. 25, 2023).

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Accessed:
Nov. 25, 2023

Last modified:
Jul. 1, 2022

§ 8407’s source at nysenate​.gov

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