Legislation

§ 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.