§ 6509-F — Limited exemption from professional misconduct; legally protected health activity

§ 6509-f. Limited exemption from professional misconduct; legally\nprotected health activity. 1. As used in this section, the term "health\ncare practitioner" means a person who is licensed, certified, or\nauthorized under this title and acting within their lawful scope of\npractice and includes, but is not limited to persons subject to articles\none hundred thirty-one, one hundred thirty-one-B, one hundred\nthirty-six, one hundred thirty-seven, one hundred thirty-seven-A, one\nhundred thirty-nine, one hundred forty, one hundred fifty-three, one\nhundred fifty-four, one hundred fifty-six, one hundred fifty-nine, or\none hundred sixty-three of this title or any other person designated as\na health care practitioner by law, rule, or regulation.\n 2. Any legally protected health activity, as defined by section 570.17\nof the criminal procedure law, by a health care practitioner acting\nwithin their scope of practice, shall not, by itself, constitute\nprofessional misconduct under this title, or any other law, rule or\nregulation governing the licensure, certification, or authorization of\nsuch practitioner, nor shall any license, certification, or\nauthorization of a health care practitioner be revoked, suspended, or\nannulled, or otherwise subject to any other penalty or discipline\nprovided in the public health law or this title solely on the basis that\nsuch health care practitioner engaged in legally protected health\nactivity.\n 3. Nothing in this section shall be construed to expand the scope of\npractice of any individual licensed, certified, or authorized under this\ntitle, nor does this section give any such individual the authority to\nact outside their scope of practice, as defined in this title.\n