§ 8609 — Exempt persons

§ 8609. Exempt persons. This article shall not be construed to apply\nto:\n 1. the practice, conduct, activities, or services by any person\nlicensed or otherwise authorized to practice medicine within the state\npursuant to article one hundred thirty-one-B of this title, or by any\nperson registered to perform services as a physician assistant or\nspecialist assistant within the state pursuant to article one hundred\nthirty-one-B of this title, or by any person licensed to practice\ndentistry within the state pursuant to article one hundred thirty-three\nof this title, or by any person licensed to practice podiatry within the\nstate pursuant to article one hundred forty-one of this title, or by any\nperson certified as a nurse practitioner within the state pursuant to\narticle one hundred thirty-nine of this title, or by any person licensed\nto perform services as a respiratory therapist or respiratory therapy\ntechnician under article one hundred sixty-four of this title, or any\nperson licensed to practice midwifery within the state pursuant to\narticle one hundred forty of this title, or a person licensed to\npractice nursing pursuant to article one hundred thirty-nine of this\ntitle, or a person licensed to practice pursuant to article thirty-five\nof the public health law; provided, however, that no such person shall\nuse the titles licensed clinical laboratory technologist, licensed\ncytotechnologist, licensed histotechnologist, certified clinical\nlaboratory technician, or certified histotechnician, unless licensed or\ncertified under this article; or\n 2. clinical laboratory technology practitioners employed by the United\nStates government or any bureau, division, or agency thereof, while in\nthe discharge of the employee's official duties; or\n 3. clinical laboratory technology practitioners employed by the New\nYork State Department of Health Wadsworth Center Laboratory or the New\nYork City Department of Health and Mental Hygiene Public Health\nLaboratory, while in the discharge of the employee's official duties; or\n 4. clinical laboratory technology practitioners engaged in teaching or\nresearch, provided that the results of any examination performed are not\nused in health maintenance, diagnosis or treatment of disease and are\nnot added to the patient's permanent record; or\n 5. students or trainees enrolled in approved clinical laboratory\nscience or technology education programs or training programs described\nin subparagraph (iii) of paragraph (c) of subdivision one of section\neighty-six hundred ten of this article provided that these activities\nconstitute a part of a planned course in the program, that the persons\nare designated by a title such as intern, trainee, fellow or student,\nand the persons work directly under the supervision of an individual\nlicensed or exempt pursuant to subdivision one, two, four or eight of\nthis section; or\n 6. persons employed by a clinical laboratory to perform supportive\nfunctions not related to the direct performance of laboratory procedures\nor examinations; or\n 7. persons who are working in facilities registered pursuant to\nsection five hundred seventy-nine of the public health law and only\nperform waived tests as defined in section five hundred seventy-one of\nthe public health law pursuant to such registration; or\n 8. a director of a clinical laboratory holding a valid certificate of\nqualification pursuant to section five hundred seventy-three of the\npublic health law.\n