§ 8505 — Exempt persons

§ 8505. Exempt persons. This article shall not prohibit:\n 1. The practice of respiratory therapy as an integral part of a\nprogram of study by students enrolled in approved respiratory therapy\neducation programs;\n 2. The performance of any of the modalities included in the definition\nof respiratory therapy by any other duly licensed, certified or\nregistered health care provider, provided that such modalities are\nwithin the scope of his or her practice;\n 3. Unlicensed assistants from being employed in a hospital, as defined\nin article twenty-eight of the public health law, for purposes other\nthan the practice of respiratory therapy;\n 4. The practice of respiratory therapy by any legally qualified\nrespiratory therapy practitioner of any other state or territory who is\nserving in the armed forces or the public health service of the United\nStates or who is employed by the veterans administration, while engaged\nin the performance of his or her duties.\n 5. The provision of polysomnographic technology services, as defined\nby the commissioner, by an individual, under the direction and\nsupervision of a licensed physician, who has obtained authorization\nissued by the department. Such authorization shall be issued to\nindividuals who have met standards, including those relating to\neducation, experience, examination and character, as promulgated in\nregulations of the commissioner. Such authorization shall be subject to\nthe full disciplinary and regulatory authority of the board of regents\nand the department, pursuant to this title, as if such authorization\nwere a professional license issued under this article. The application\nfee for such authorization shall be three hundred dollars. Each\nauthorization holder shall register with the department every three\nyears and shall pay a registration fee of three hundred dollars.\n