N.Y. Education Law § 7906: Exempt persons

§ 7906. Exempt persons. This article shall not be construed to affect

or prevent the following, provided that no title, sign, card or device

shall be used in such manner as to tend to convey the impression that

the person rendering such service is a licensed occupational therapist:

(1) A licensed physician from practicing his or her profession as

defined under article one hundred thirty-one and article one hundred

thirty-one-B of this title.

(2) Qualified members of other licensed or legally recognized

professions from performing work incidental to the practice of their

profession, except that such persons may not hold themselves out under

the title occupational therapist or as performing occupational therapy.

(3) A student from engaging in clinical practice as part of an

accredited program in occupational therapy, pursuant to subdivision

three of section seventy-nine hundred four of this article.

(4) An occupational therapy assistant student from engaging in

clinical practice under the direction and supervision of an occupational

therapist or an occupational therapy assistant who is under the

supervision of an occupational therapist, as part of an accredited

occupational therapy assistant program, as defined by the commissioner

and in accordance with the commissioner's regulations.

(5) The care of the sick by any person, provided such person is

employed primarily in a domestic capacity. This shall not authorize the

treatment of patients in a home care service of any hospital, clinic,

institution or agency.

(6) An employee of a federal agency from using the title or practicing

as an occupational therapist insofar as such activities are required by

his salaried position and the use of such title shall be limited to such

employment.

(7) The following people from working under the direct supervision of

a licensed occupational therapist:

An individual employed by the state or municipal government at the

effective date of this article who performs supportive services in

occupational therapy solely for the time such person continues in that

employment.

(8) Any occupational therapist who is licensed in another state,

United States possession or country or who has received at least a

baccalaureate degree or its equivalent in occupational therapy and who

is either in this state for the purposes of (a) consultation, provided

such practice is limited to such consultation; or (b) an occupational

therapist authorized to practice in another state or country from

conducting a teaching clinical demonstration in connection with a

program of basic clinical education, graduate education or post graduate

education in an approved school of occupational therapy or its

affiliated clinical facility or health care agency or before a group of

licensed occupational therapists; or (c) because he or she resides near

a border of this state, provided such practice is limited in this state

to the vicinity of such border and said occupational therapist does not

maintain an office or place to meet patients or receive calls in this

state.