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This entry was published on 2024-06-28
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SECTION 8407
Boundaries of professional competency
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 163
§ 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.