N.Y. Laws » CHAPTER Education / TITLE The Professions / ARTICLE Medicine
New York Consolidated Laws

N.Y. Education Law § 6521 (2026)

Definition of practice of medicine

✓ current as of May 2026
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§ 6521. Definition of practice of medicine.  The practice of the
profession of medicine is defined as diagnosing, treating, operating or
prescribing for any human disease, pain, injury, deformity or physical
condition.
Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1981–2023 · leading case: Matter of Evergreen Assn., Inc. v. Schneiderman, 2017 NY Slip Op 5086 (N.Y. App. Div. 2017).
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Matter of Evergreen Assn., Inc. v. Schneiderman, 2017 NY Slip Op 5086 (N.Y. App. Div. 2017). · cites it 2× “Pursuant to Education Law § 6522, “[o]nly a person licensed or otherwise authorized under this article shall practice medicine or use the title ‘physician,’ ” and pursuant to Education Law § 6521, “[t]he practice of the profession of medicine is defined as diagnosing, treating,…”
Perez v. Fitzgerald, 115 A.D.3d 177 (N.Y. App. Div. 2014). · cites it 3× “health-related activities constitute “medical treatment” or bear a “substantial relationship to the rendition of medical treatment by a licensed physician” under the standard established in Bleiler was addressed by the Court of Appeals in Karasek v LaJoie ( 92 NY2d 171 [1998]),…”
Koultukis v. Phillips, 285 A.D.2d 433 (N.Y. App. Div. 2001). · cites it 2× “Here, the DOB’s interpretation of the term “medical office” in Zoning Resolution § 22-14 to include only medical professionals as defined by Education Law § 6521, but not chiropractors as defined by Education Law § 6551, cannot be termed unreasonable, and its inclusion of…”
Matter of Roberts v. New York State Bd. for Prof'l Med. Conduct, 2023 NY Slip Op 01928 (N.Y. App. Div. 2023). · cites it 2× “As relevant here, "[t]he practice of the profession of medicine is defined as diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition" (Education Law § 6521). The definition of "physical" encompasses "[o]f, relating to,…”
Sledziewski v. Cioffi, 137 A.D.2d 186 (N.Y. App. Div. 1988). “Louis, then the hospital’s head nurse of general surgery and urology, who averred that the diagnosis of a patient’s condition and diagnostic testing constitute the practice of medicine beyond the scope of nursing practice (see, Education Law § 6521). The record further confirms…”
Karasek v. LaJoie, 699 N.E.2d 889 (NY 1998). “With respect to the specific mental health related activities of psychologists, article 153 of the Education Law provides for the licensing of psychologists, but, unlike the statutory analogue for social workers (Education Law art 154) and physicians (Education Law § 6521), it…”
Gross v. Ambach, 522 N.E.2d 1043 (NY 1988). · cites it 2× “On motion of petitioner, the AO ruled that performance of an autopsy is not the "practice of medicine” as that term is defined in Education Law § 6521. She dismissed the charges on the ground that the State Board for Professional Medical Conduct thus lacked subject matter…”
People v. Mayer, 1 A.D.2d 461 (N.Y. App. Div. 2003). “The grand jury could certainly conclude from this evidence that Mayer had engaged in the unauthorized practice of medicine {see Education Law § 6521). Dismissal of counts 8 through 19, which was predicated on the dismissal of the underlying counts 1 through 7, therefore, was…”
Naughright v. Weiss, 857 F. Supp. 2d 462 (S.D.N.Y. 2012). “The phrase “medical malpractice” in CPLR § 214-a is not limited to physicians and extends beyond conduct that falls within the definition of the “practice of medicine” found in N.Y. Educ. Law § 6521 . See Bleiler, 65 N.”
Stilloe v. Contini, 190 A.D.2d 419 (N.Y. App. Div. 1993). “The practice of the profession of medicine includes prescribing for any disease or physical condition (Education Law § 6521). It cannot be determined on the record, as a matter of law, that plaintiff’s relationship with Contini had ceased.”
Andrew Carothers, M.D., P.C. v. Progressive Ins., 42 Misc. 3d 30 (N.Y. App. Term. 2013). “Education Law § 6521 defines the practice of the profession of medicine as “diagnosing, treating, operating or prescribing for any human disease, pain, injury, deformity or physical condition.”
Foreman v. Ambach, 525 F. Supp. 722 (S.D.N.Y. 1981). “Law § 7002 (McKinney 1977): Practice of podiatry and use of title “podiatrist”.”
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