§ 8216 — Exemptions; waiver

§ 8216. Exemptions; waiver. (1) A person who is validly registered as\na "specialist's assistant-acupuncture" in accordance with section\nsixty-five hundred forty-one of this chapter and the commissioner's\nregulations shall not be subject to the provisions of this article;\n (2) Any person who is validly licensed under the provisions of the\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\nseventy-four is deemed to be licensed pursuant to this article;\n (3) Any person who is validly certified under the provisions of the\nformer chapter nine hundred fifty-nine of the laws of nineteen hundred\nseventy-four shall continue to be certified to practice acupuncture and\nmay continue to use the title certified acupuncturist. The department\nmay establish rules and regulations providing for the certification of\nphysicians and dentists as acupuncturists, provided that such certified\nacupuncturists do not represent themselves as licensed acupuncturists.\nCertified acupuncturists seeking to become licensed acupuncturists shall\nbe subject to all provisions of this article;\n (4) A person who does not otherwise possess the credentials or\nqualifications required for the practice of acupuncture prescribed by\nthis article or the regulations promulgated hereunder or any other law\nbut who is authorized by the division of alcoholism and alcohol abuse,\nthe division of substance abuse services, or the department of health to\nprovide treatment for alcoholism, substance dependence, or chemical\ndependency in a hospital or clinical program which has been approved for\nsuch treatment by the division of alcoholism and alcohol abuse, the\ndivision of substance abuse services, or the department of health and\nwho has been trained to practice acupuncture for the treatment of\nalcoholism, substance dependence, or chemical dependency through an\neducational program acceptable to the education department may\nnevertheless practice acupuncture provided such practice is limited to\nthe treatment of alcoholism, substance dependence, or chemical\ndependency in such clinical or hospital programs, or in a program that\nif statutorily exempt from such approval meets standards approved by the\ndivision of alcoholism and alcohol abuse, the division of substance\nabuse services, or the department of health, and further provided that\nsuch practice is done in accordance with regulations promulgated by the\ndivision of alcoholism and alcohol abuse, the division of substance\nabuse services, or the department of health. Such person shall work only\nunder the general supervision of a physician or dentist certified to\npractice acupuncture or an individual licensed to practice acupuncture\nin the state of New York pursuant to this article. Notwithstanding any\nother law, rule or regulation to the contrary, persons authorized on or\nbefore the effective date of this article to practice acupuncture for\nthe treatment of alcoholism, substance dependence, or chemical\ndependency within a hospital or clinical program which has been approved\nfor such treatment by the division of alcoholism and alcohol abuse, the\ndivision of substance abuse services, or the department of health may\nnevertheless continue to practice acupuncture under the provisions of\nthis subdivision;\n (5) Any person who is pursuing qualification for licensure through a\ncourse of formal study pursuant to this article may practice acupuncture\nwithout a license, provided such practice is limited to such study;\n (6) Any person who has completed a formal course of study or a\ntutorial apprenticeship acceptable to the department and in accordance\nwith the commissioner's regulations, prior to the effective date of this\narticle, and presents satisfactory proof of such completion, shall be\nexempt from the education requirements set forth in subdivision two of\nsection eighty-two hundred fourteen of this article provided an\napplication pursuant to subdivision one of section eighty-two hundred\nfourteen of this article is filed with the department not later than one\nyear from the effective date of this article, and in no event shall\nparticipation in such tutorial apprenticeship or formal course of study\nconstitute a violation of this chapter.\n (7) Any person who is pursuing qualification for certification through\na formal course of study in a registered program and any person\nappointed to the faculty of such program may practice acupuncture\nwithout a license, provided that such practice is limited to such\nresearch, study and training.\n (8) Any person who is licensed and in good standing to practice\nacupuncture in another state or country may practice acupuncture in this\nstate without a license solely for the purpose of conducting clinical\ntraining, practice demonstrations or clinical research that is within\nthe practice of acupuncture in connection with a program of basic\nclinical education, graduate education, or post-graduate education in an\napproved school of acupuncture or in its affiliated clinical facility or\nhealth care agency, or before a group of licensed acupuncturists who are\nmembers of a professional society. Any person practicing acupuncture in\nNew York state pursuant to this subdivision shall be subject to the\npersonal and subject matter jurisdiction and disciplinary and regulatory\nauthority of the board of regents as if he or she is a licensee and as\nif the exemption pursuant to this subdivision is a license. Such\nindividual shall comply with the provisions of this article, the rules\nof the board of regents, and the regulations of the commissioner,\nrelating to professional misconduct, disciplinary proceedings and\npenalties for professional misconduct.\n