APPENDIX III of Cohen MH , A Fixed Star in Health Care Reform: The
Emerging Paradigm of Holistic Healing. Ariz. St. L.J. 27:79 (1995).
COPYRIGHT: ARIZONA STATE LAW JOURNAL. ALL RIGHTS RESERVED. REPRINTED WITH PERMISSION.
Definitions Compiled from New York State Statutes.
May perform medical services only when
under the supervision of a physician and only when such acts and
duties as are assigned to him are within the scope of practice
of such supervising physician. (STATUTE 6542(1)). Supervision does
not require physical presence. (STATUTE 6542(3)).544
May perform medical services only when
under the supervision of a physician and only when such acts and
duties as are assigned to him are related to the designated
medical specialty for which he is registered and are within the
scope of practice of his supervising physician. (STATUTE 6542(2)).
Authorized to detect and correct by manual or
mechanical means structural imbalance, distortion, or
subluxations in the human body for the purpose of removing nerve
interference and the effects thereof, where such interference is
the result of or related to distortion, misalignment or
subluxation of or in the vertebral column. (STATUTE 6551(1)). Not
permitted to use radio-therapy, fluoroscopy, or any form of
ionizing radiation except x-ray which shall be used for the
detection of structural imbalance, distortion or subluxations in
the human body. (STATUTE 6551(2)(a)). Not permitted to treat for any
infectious diseases such as pneumonia, any communicable
diseases, any cardiovascular-renal or cardio-pulmonary diseases,
any surgical condition of the abdomen, or any benign or
malignant neoplasms; cannot operate; reduce fractures or
dislocations; prescribe, administer, dispense or use drugs or
medicines in his practice; to use methods involving chemical or
biological means (unless performed by a clinical lab approved by
the Board); or to utilize electrical devices (except those
approved by the Board). (STATUTE 6551(3)). Authorized to use
nutritional counseling, including the dispensing of food
concentrates, food extracts, vitamins, minerals, and other
nutritional supplements approved by the Board, provided that the
doctoral program contained courses of study in nutrition. (STATUTE
6551(3)).
Authorized to diagnose, treat, operate or prescribe for
any disease, pain, injury, deficiency, deformity or physical
condition of the human mouth, including teeth, alveolar process,
gums or jaws, and adjacent tissues. (STATUTE 6601). Authorized to
furnish, supply, construct, reproduce or repair prosthetic
dentures, bridges, appliances or other structures to be used and
worn as substitutes for natural teeth, or in the treatment of
abnormal conditions of the teeth or jaws or adjacent tissues.
(STATUTE 6601). Authorized to place such devices in the mouth or
adjust the same. (STATUTE 6601). May perform physical evaluations in
conjunction with the provision of dental treatment. (STATUTE 6601).
Cannot employ general anesthesia or parenteral sedation at any
location other than a general hospital without a dental
anesthesia certificate. (STATUTE 6605-a(1)).
Authorized to remove calcareous deposits,
accretions and stains from the exposed surfaces of teeth; apply
topical agents indicated for a complete dental prophylaxis;
remove cement; place or remove rubber dam; remove sutures; place
matrix band; provide patient education; apply topical
medication; place and expose x-ray films; perform topical
fluoride applica tions and topical anesthetic applications;
polish teeth; take medical history; chart caries; take
impressions for study casts; place and remove temporary
restorations (must be done under supervision of licensed
dentist). (STATUTE 6606(1)).
Authorized to diagnose, treat, operate or
prescribe for any animal disease, pain, injury, deformity or
physical condition. (STATUTE 6701).
Authorized to perform such duties as are
required in carrying out medical orders as prescribed by a
licensed veterinarian requiring an understanding of veterinary
science. (STATUTE 6708(1)).
Authorized to evaluate, treat or prevent
disability, injury, disease or other condition of health using
physical, chemical and mechanical means including, but not
limited to heat, cold, light, air, water, sound, electricity,
massage, mobilization and therapeutic exercise. (STATUTE 6731(a)).
Authorized to perform and interpret tests and measurements to
assess pathophysiological, pathomechanical, and developmental
deficits of human systems to determine treatment, and assist in
diagnosis and prognosis. (STATUTE 6731(a)). (Treatment must be
rendered pursuant to a referral by a licensed physician,
dentist, podiatrist or nurse practitioner.) (STATUTE 6731(c)).
Cannot use roentgen rays or radium, or use electricity for
surgical purposes such as cauterization. (STATUTE 6731(b)).
Authorized to perform such
patient-related activities as are assigned by the supervising
physical therapist. Cannot evaluate, test, interpret, plan or
modify patient programs. (STATUTE 6738(a)).
Authorized to prepare, compound, preserve, or
dispense drugs, medicines and therapeutic devices on the basis
of prescriptions or other legal authority. (STATUTE 6801).
Authorized to diagnose and treat
human responses to actual or potential health problems through
such services as casefinding, health teaching, health counseling
and provision of care supportive to or restorative of life and
well-being; execute medical regimens prescribed by a licensed
physician, dentist or other health care provider. (STATUTE 6902(2)).
Cannot practice medicine or dentistry. (STATUTE 6909(2)).
Authorized to perform tasks and
responsibilities within the framework of casefinding, health
teaching, health counseling and provision of supportive and
restorative care under the direction of a registered
professional nurse or licensed physician, dentist or other
licensed health care provider. (STATUTE 6902(2)). Cannot practice
medicine or dentistry. (STATUTE 6909(2)).
Authorized to practice registered
professional nursing, which may include the diagnosis of illness
and physical conditions and the performance of therapeutic and
corrective measures within a specialty area of practice, in
collaboration with a licensed physician qualified to collaborate
in the specialty involved. (STATUTE 6902(3)(a)). (Services must be
performed in accordance with a written practice agreement and
written practice protocols). (STATUTE 6902(3)(a)). After successfully
completing the appropriate program, may issue prescriptions for
drugs, devices and immunizing agents in accordance with the
practice agreement and practice protocols. (STATUTE 6902(3)(b)).
Authorized to manage normal pregnancies, child birth
and postpartum care as well as primary preventive reproductive
health care of essentially healthy women; includes newborn
evaluation, resuscitation and referral for infants. (STATUTE
6951(1)). Must practice in accordance with a written agreement
between the midwife and a liscenced physician or hospital. (STATUTE
6951(1)). Authorized to prescribe and administer drugs,
immunizing agents, diagnostic tests and devices, and to order
laboratory tests (limited to the practice of midwifery and
subject to the limitations in the written agreement). (STATUTE 6951).
Must complete a program first. (STATUTE 6951(2)).
Authorized to diagnose, treat, operate and prescribe
for any disease, injury, deformity or other condition of the
foot or operate on the bones, muscles or tendons of the feet for
the correction of minor deficiencies and deformities of a
mechanical and functional nature. (STATUTE 7001). Can treat simple
and uncomplicated fractures of the bones of the foot; administer
only local anesthetics for therapeutic purposes as well as for
anesthesia; treat under general anesthesia administered by
authorized persons; use non-narcotic postoperative sedatives.
(STATUTE 7001). Cannot treat any other part of the human body nor
treat fractures of the malleoli or cutting operations upon the
malleoli. (STATUTE 7001). Can administer or prescribe narcotics if
certified by New York education department. (STATUTE 7001).
Authorized to diagnose any optical deficiency,
optical deformity, visual anomaly or muscular anomaly of the
human eye; aid or correct such deficiency, deformity, or anomaly
by prescribing, providing, adapting or fitting lenses, or by
prescribing or providing orthoptics or vision training. (STATUTE
7101(1)). Use of drugs is limited to topical application to the
surface of the eye and diagnostic examination of the eye. (STATUTE
7101(1)). (Optometrist must first be approved and certified by
the education department.) (STATUTE 7101).
Authorized to adapt and fit
lenses for the correction of deficiencies, deformities or
anomalies of the human eyes, on written prescriptions from a
licensed physician or optometrist. (STATUTE 7121). Can replace or
duplicate such lenses without prescription. (STATUTE 7121). Can fit
contact lenses only under personal supervision of a licensed
physician or optometrist. (STATUTE 7121).
Statute does not define what a psychologist is
authorized to do once licensed. (STATUTE 7601).
Authorized to engage in social
casework, social group work, community organization,
administration of a social work program, social work education,
social work research, or any combination of these in accordance
with social work principles and methods. (STATUTE 7701). Purpose is
to help individuals, families, groups and communities to prevent
or to resolve problems caused by social or emotional stress. (STATUTE
7701).
Authorized to stroke, knead, tap and
vibrate the muscular structure of the human body with hands or
vibrators for the purpose of improving muscle tone and
circulation. (STATUTE 7801).
Authorized to evaluate the client and
plan and utilize a program of purposeful activities to develop
or maintain adaptive skills, designed to achieve maximal
physical and mental functioning of the patient in his daily life
tasks. (STATUTE 7901). Program must be prescribed or referred by a
physician or nurse practitioner. (STATUTE 7901). Cannot practice
medicine or psychology, including psychotherapy. (STATUTE 7901).
Authorized to
provide nutrition care services that include assessing nutrition
needs and food patterns, planning for and directing the
provision of food appropriate for physical and nutrition needs,
and providing nutrition counseling. (STATUTE 8001(3)).
Authorized to apply principles,
methods and procedures of measurement, prediction, non-medical
diagnosis, testing, counseling, consultation, rehabilitation and
instruction related to the develop ment and disorders of speech,
voice and/or language for the purpose of preventing,
ameliorating or modifying such disorder conditions in
individuals and/or groups. (STATUTE 8201).
Authorized to apply principles, methods and
procedures of measurement, testing, evaluation, consultation,
counseling, instruction and habilitation or rehabilitation
related to hearing, its disorder and relation to communication,
impairments for the purpose of non-medical diagnosis,
prevention, identification, amelioration or modification of such
disorders and conditions in individuals and/or groups. (STATUTE 8203).
Authorized to treat, by means of mechanical,
thermal or electrical stimulation effected by the insertion of
needles or by the application of heat, pressure or electrical
stimulation at a point or combination of points on the surface
of the body predetermined on the basis of the theory of the
physiological interrelationship of body organs with an
associated point or combination of points for diseases,
disorders and dysfunctions of the body for the purpose of
achieving a therapeutic or prophylactic effect. (STATUTE 8211(a)).
Must advise patient to consult a licensed physician regarding
the patient's condition and must have patient sign a form
attesting to patient's notice of such advice. (STATUTE 8211(b)).
Authorized to perform athletic training, under
the supervi sion of a physician, in secondary schools,
institutions of post-secondary education, and professional
athletic organizations. (STATUTE 8351). Can carry out comparable
functions on orthopedic athletic injuries, excluding spinal cord
injuries, in a health care organization, under the supervision
of a physician. (STATUTE 8351). Cannot recondition neurologic
injuries, conditions or disease. (STATUTE 8351). Also authorized to
apply principles, methods and procedures for managing athletic
injuries, including the preconditioning, conditioning and
reconditioning of an individual who has suffered an athletic
injury, through the use of appropriate preventative and
supportive devices, under the supervision of a physician and
recognizing illness and referring to the appropriate medical
professional with implementation of treatment pursuant to
physician's orders. Can instruct coaches, athletes, parents,
medical personnel and communities of care and prevention of
athletic injuries. (STATUTE 8352).
Authorized, at the direction of a
physician, to perform cardiopulmonary evaluation, which includes
the acquisition, analysis and interpretation of data obtained
from physiological specimens, performing diagnostic tests,
studies and research of the cardiopulmonary system and
neurophysiological studies related to respiratory care. (STATUTE
8501). Authorized, at the direction of a physician, to perform
respiratory therapy treatment tech niques, which includes the
application and monitoring of medical gases (excluding
anesthetic gases) and environmental control systems, mechanical
ventilatory support, artificial airway care, bronchopulmonary
hygiene, pharmacologic agents related to respiratory care
procedures and cardio pulmonary rehabilitation related and
limited to respiratory care. (STATUTE 8501). Authorized to educate
the patient, family and public. (STATUTE 8501). May super vise
respiratory therapy technicians. (STATUTE 8502(2)).
Authorized to work under the
supervision of a licensed respiratory therapist or physician
performing tasks and responsi bilities within the framework of
the practice of respiratory therapy. (STATUTE 8508).