N.Y. Education Law § 6509-f: Limited exemption from professional misconduct; legally protected health activity

§ 6509-f. Limited exemption from professional misconduct; legally

protected health activity. 1. As used in this section, the term "health

care practitioner" means a person who is licensed, certified, or

authorized under this title and acting within their lawful scope of

practice and includes, but is not limited to persons subject to articles

one hundred thirty-one, one hundred thirty-one-B, one hundred

thirty-six, one hundred thirty-seven, one hundred thirty-seven-A, one

hundred thirty-nine, one hundred forty, one hundred fifty-three, one

hundred fifty-four, one hundred fifty-six, one hundred fifty-nine, or

one hundred sixty-three of this title or any other person designated as

a health care practitioner by law, rule, or regulation.

2. Any legally protected health activity, as defined by section 570.17

of the criminal procedure law, by a health care practitioner acting

within their scope of practice, shall not, by itself, constitute

professional misconduct under this title, or any other law, rule or

regulation governing the licensure, certification, or authorization of

such practitioner, nor shall any license, certification, or

authorization of a health care practitioner be revoked, suspended, or

annulled, or otherwise subject to any other penalty or discipline

provided in the public health law or this title solely on the basis that

such health care practitioner engaged in legally protected health

activity.

3. Nothing in this section shall be construed to expand the scope of

practice of any individual licensed, certified, or authorized under this

title, nor does this section give any such individual the authority to

act outside their scope of practice, as defined in this title.