§ 8407 — Boundaries of professional competency

New York § 8407

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 163: Mental Health Practitioners

Text

§ 8407. Boundaries of professional competency. 1. It shall be deemed\npracticing outside the boundaries of his or her professional competence\nfor a person licensed pursuant to this article, in the case of treatment\nof any serious mental illness, to provide any mental health service for\nsuch illness on a continuous and sustained basis without a medical\nevaluation of the illness by, and consultation with, a physician\nregarding such illness, unless such licensed professional has been\nissued a privilege to diagnosis and develop assessment-based treatment\nplans by the department. Such medical evaluation and consultation shall\nbe to determine and advise whether any medical care is indicated for\nsuch illness. For purposes of this section, "serious mental illness"\nmeans schizophrenia, schizoaffective disorder, bipolar disorder, major\ndepressive disorder, panic disorder, obsessive-compulsive disorder,\nattention-deficit hyperactivity disorder and autism.\n 2. Any individual whose license or authority to practice derives from\nthe provisions of this article shall be prohibited from:\n (a) prescribing or administering drugs as defined in this chapter as a\ntreatment, therapy, or professional service in the practice of his or\nher profession; or\n (b) using invasive procedures as a treatment, therapy, or professional\nservice in the practice of his or her profession. For purposes of this\nsubdivision, "invasive procedure" means any procedure in which human\ntissue is cut, altered, or otherwise infiltrated by mechanical or other\nmeans. Invasive procedure includes surgery, lasers, ionizing radiation,\ntherapeutic ultrasound, or electroconvulsive therapy.\n