New York Governor Kathy Hochul is pushing to expand forced hospitalization laws. This change opens the door for more professionals to conduct psychiatric evaluations for involuntary commitment.

Currently, only psychiatrists can decide whether to hospitalize someone against their will. The proposed bill will give nurse practitioners and some social workers this power. Supporters believe this will streamline the process and ease pressure on psychiatrists. Yet, this expansion may expose medical providers to investigations and legal challenges.

These regulatory changes create uncertainty, making it easier for medical professionals to unintentionally cross their scope of practice.

If a licensing board is reviewing your scope of practice, the Lento Law Firm's Professional License Defense Team can help. Call us at 888-535-3686 or message us here.

How Changing Scope of Practice Rules Create Liability Risks

Policymakers view these changes as a way to expand mental health care access. As the scope of practice rules develops, medical professionals may face unknown risks, including board investigations and disciplinary actions.

Licensing rules provide a clear definition of the legal actions permitted for each medical profession. Exceeding these limits, even under new legislative changes, can lead to board intervention. Many professionals think new laws will protect them from board discipline, but in reality, that's not how it works.

Licensing boards work separately from changes in the law. A provider acting beyond their traditional scope may still face misconduct allegations.

Key risks include:

• Medical professionals doing evaluations may not have training in psychiatry. This can raise the risk of misdiagnosis or harm to patients.
• Board disciplinary actions: If a licensing board finds a provider has exceeded its scope of practice, it may start an investigation. The board can take several actions based on the findings. It may impose sanctions, need more training, or suspend or revoke the provider's license.
• Professionals can still face disciplinary action from licensing boards, even with legal justification. This can happen even with government support for expanding their roles.

How Licensing Boards Respond to Scope of Practice Violations

Unlike criminal courts, licensing boards do not need proof beyond a reasonable doubt.

Licensing boards only need enough evidence to decide if a provider broke professional rules. Because of this lower standard, they can take disciplinary action even when there are questions about intent or negligence.

Risks of exceeding one's legal scope:

• Licensing boards can investigate complaints, interview people, and request documents. Even an anonymous complaint can trigger a full inquiry.
• Disciplinary Actions: If a board finds a provider acted beyond its scope, it can issue sanctions. This may include fines, mandatory retraining, suspensions, or even permanent license revocation.
• Career and Reputational Harm: Even if a provider defends themselves successfully, board actions remain on public record, potentially harming future job opportunities, insurance credentialing, and professional reputations.

Protect Your License Before It's Too Late

Professionals need to know their legal and board obligations. The scope of practice rules periodically evolves. Complying with new laws does not guarantee protection from board-imposed disciplinary actions.

If you face an investigation for the scope of practice violations, the Lento Law Firm's Professional License Defense Team can help you. We simplify the process. Call the Lento Law Firm today at 888-535-3686 or send us a message here to safeguard your career.