N.Y. Education Law § 7208-a: Exempt persons in or related to the profession of geology

§ 7208-a. Exempt persons in or related to the profession of geology.

Nothing in this article shall be construed to affect or prevent:

1. The employment and supervision of interns and other persons

qualified by education or experience by professional geologists as

assistants in the performance of geological services, or as consultants

or employees in special fields related to but not uniquely geology,

provided that the professional geologist employing or supervising such

persons shall not be relieved of any responsibility whatsoever by

delegation to such persons.

2. The practice of professional engineering by a professional engineer

licensed pursuant to this article to practice engineering in this state

or an entity authorized pursuant to section seventy-two hundred ten of

this article to provide engineering in this state, including the

investigation, acquisition, evaluation, and interpretation of the

physical and chemical properties of the soil, rock, groundwater, earth

materials and data related thereto, and the performance of activities as

specified in section seventy-two hundred four-a of this article,

provided that no such person shall use the designation, or hold himself

or herself out as a "professional geologist," unless licensed as such in

this state, and provided further that nothing in this chapter shall

preclude a licensed professional engineer or authorized entity from

offering to provide or providing the work enumerated in this

subdivision, however categorized, on the grounds that such licensed

professional engineer or authorized entity is not licensed to practice

geology.

3. The practice of land surveying by any person that is licensed or

otherwise authorized to practice land surveying in this state, provided

that no such person shall use the designation or hold himself or herself

out as a "professional geologist" unless licensed as such in this state.

4. The execution of work by contractors or by others of work prepared

by a professional geologist, or the superintendence of such work as a

superintendent, foreman or inspector.

5. The practice of the profession of geology by officers and employees

of this state practicing solely as officers and employees; provided,

however, that this exemption shall not apply to officers and employees

of the state of New York who commence employment or the performance of

work related activities after the effective date of this section.

6. The execution of geological research and/or teaching conducted at

accredited educational institutions and not-for-profit research

institutions, conducted solely through those institutions.

7. Work customarily performed by physical or natural scientists

provided such work does not include geological investigations, being in

responsible charge of geological work, or the drawing of geological

conclusions and recommendations.

8. Work customarily performed by water well drillers who have received

a certificate of registration pursuant to section 15-1525 of the

environmental conservation law.