§ 7906 — Exempt persons

§ 7906. Exempt persons. This article shall not be construed to affect\nor prevent the following, provided that no title, sign, card or device\nshall be used in such manner as to tend to convey the impression that\nthe person rendering such service is a licensed occupational therapist:\n (1) A licensed physician from practicing his or her profession as\ndefined under article one hundred thirty-one and article one hundred\nthirty-one-B of this title.\n (2) Qualified members of other licensed or legally recognized\nprofessions from performing work incidental to the practice of their\nprofession, except that such persons may not hold themselves out under\nthe title occupational therapist or as performing occupational therapy.\n (3) A student from engaging in clinical practice as part of an\naccredited program in occupational therapy, pursuant to subdivision\nthree of section seventy-nine hundred four of this article.\n (4) An occupational therapy assistant student from engaging in\nclinical practice under the direction and supervision of an occupational\ntherapist or an occupational therapy assistant who is under the\nsupervision of an occupational therapist, as part of an accredited\noccupational therapy assistant program, as defined by the commissioner\nand in accordance with the commissioner's regulations.\n (5) The care of the sick by any person, provided such person is\nemployed primarily in a domestic capacity. This shall not authorize the\ntreatment of patients in a home care service of any hospital, clinic,\ninstitution or agency.\n (6) An employee of a federal agency from using the title or practicing\nas an occupational therapist insofar as such activities are required by\nhis salaried position and the use of such title shall be limited to such\nemployment.\n (7) The following people from working under the direct supervision of\na licensed occupational therapist:\n An individual employed by the state or municipal government at the\neffective date of this article who performs supportive services in\noccupational therapy solely for the time such person continues in that\nemployment.\n (8) Any occupational therapist who is licensed in another state,\nUnited States possession or country or who has received at least a\nbaccalaureate degree or its equivalent in occupational therapy and who\nis either in this state for the purposes of (a) consultation, provided\nsuch practice is limited to such consultation; or (b) an occupational\ntherapist authorized to practice in another state or country from\nconducting a teaching clinical demonstration in connection with a\nprogram of basic clinical education, graduate education or post graduate\neducation in an approved school of occupational therapy or its\naffiliated clinical facility or health care agency or before a group of\nlicensed occupational therapists; or (c) because he or she resides near\na border of this state, provided such practice is limited in this state\nto the vicinity of such border and said occupational therapist does not\nmaintain an office or place to meet patients or receive calls in this\nstate.\n