§ 7805 — Exempt persons

§ 7805. Exempt persons. Nothing contained in this article shall be\nconstrued to prohibit:\n 1. The practice of massage therapy by any person who is authorized to\npractice medicine, nursing, osteopathy, physiotherapy, chiropractic, or\npodiatry in accordance with the provisions of this title.\n 2. The practice of that massage which is customarily given in barber\nshops or beauty parlors for the purpose of beautification by any\nlicensed barber or beauty culturist.\n 3. The practice of massage therapy by any person employed in a medical\ninstitution licensed or chartered by the state of New York, provided\nthat such person is under the on-site supervision of a person licensed\nto practice massage therapy or authorized to practice massage therapy by\nsubdivision one of this section, or by any person enrolled in a program\nof a school or institute of massage therapy registered by the\ndepartment, or enrolled in a program which satisfies the requirements of\nsection seventy-eight hundred four of this article, provided that such\nperson is under the on-site supervision of a person licensed to practice\nmassage therapy or authorized to practice massage therapy by subdivision\none of this section.\n 4. The practice of massage therapy by any person duly employed as a\ntrainer by a professional athletic association, club or team, or as a\nmember of the physical education department of an accredited university,\ncollege or high school.\n 5. The practice of massage therapy by any person employed by a\ncorporation or association organized exclusively for the moral or mental\nimprovement of men, women or children.\n 6. A massage therapist licensed and in good standing in another state\nor country from conducting a teaching demonstration of modalities and\ntechniques that are within the practice of massage therapy in connection\nwith a program of continuing education that is conducted by approved\nsponsors of continuing education by the department. Any massage\ntherapist conducting a teaching demonstration of modalities and\ntechniques in New York state pursuant to this subdivision shall be\nsubject to the personal and subject matter jurisdiction and disciplinary\nand regulatory authority of the board of regents as if he or she is a\nlicensee and as if the exemption pursuant to this subdivision is a\nlicense. Such massage therapist shall comply with the provisions of this\narticle, the rules of the board of regents, and the regulations of the\ncommissioner, relating to professional misconduct, disciplinary\nproceedings and penalties for professional misconduct.\n