N.Y. Education Law § 8407: Boundaries of professional competency

§ 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, 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.

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.