N.Y. Education Law § 8216: Exemptions; waiver

§ 8216. Exemptions; waiver. (1) A person who is validly registered as

a "specialist's assistant-acupuncture" in accordance with section

sixty-five hundred forty-one of this chapter and the commissioner's

regulations shall not be subject to the provisions of this article;

(2) Any person who is validly licensed under the provisions of the

former chapter nine hundred fifty-nine of the laws of nineteen hundred

seventy-four is deemed to be licensed pursuant to this article;

(3) Any person who is validly certified under the provisions of the

former chapter nine hundred fifty-nine of the laws of nineteen hundred

seventy-four shall continue to be certified to practice acupuncture and

may continue to use the title certified acupuncturist. The department

may establish rules and regulations providing for the certification of

physicians and dentists as acupuncturists, provided that such certified

acupuncturists do not represent themselves as licensed acupuncturists.

Certified acupuncturists seeking to become licensed acupuncturists shall

be subject to all provisions of this article;

(4) A person who does not otherwise possess the credentials or

qualifications required for the practice of acupuncture prescribed by

this article or the regulations promulgated hereunder or any other law

but who is authorized by the division of alcoholism and alcohol abuse,

the division of substance abuse services, or the department of health to

provide treatment for alcoholism, substance dependence, or chemical

dependency in a hospital or clinical program which has been approved for

such treatment by the division of alcoholism and alcohol abuse, the

division of substance abuse services, or the department of health and

who has been trained to practice acupuncture for the treatment of

alcoholism, substance dependence, or chemical dependency through an

educational program acceptable to the education department may

nevertheless practice acupuncture provided such practice is limited to

the treatment of alcoholism, substance dependence, or chemical

dependency in such clinical or hospital programs, or in a program that

if statutorily exempt from such approval meets standards approved by the

division of alcoholism and alcohol abuse, the division of substance

abuse services, or the department of health, and further provided that

such practice is done in accordance with regulations promulgated by the

division of alcoholism and alcohol abuse, the division of substance

abuse services, or the department of health. Such person shall work only

under the general supervision of a physician or dentist certified to

practice acupuncture or an individual licensed to practice acupuncture

in the state of New York pursuant to this article. Notwithstanding any

other law, rule or regulation to the contrary, persons authorized on or

before the effective date of this article to practice acupuncture for

the treatment of alcoholism, substance dependence, or chemical

dependency within a hospital or clinical program which has been approved

for such treatment by the division of alcoholism and alcohol abuse, the

division of substance abuse services, or the department of health may

nevertheless continue to practice acupuncture under the provisions of

this subdivision;

(5) Any person who is pursuing qualification for licensure through a

course of formal study pursuant to this article may practice acupuncture

without a license, provided such practice is limited to such study;

(6) Any person who has completed a formal course of study or a

tutorial apprenticeship acceptable to the department and in accordance

with the commissioner's regulations, prior to the effective date of this

article, and presents satisfactory proof of such completion, shall be

exempt from the education requirements set forth in subdivision two of

section eighty-two hundred fourteen of this article provided an

application pursuant to subdivision one of section eighty-two hundred

fourteen of this article is filed with the department not later than one

year from the effective date of this article, and in no event shall

participation in such tutorial apprenticeship or formal course of study

constitute a violation of this chapter.

(7) Any person who is pursuing qualification for certification through

a formal course of study in a registered program and any person

appointed to the faculty of such program may practice acupuncture

without a license, provided that such practice is limited to such

research, study and training.

(8) Any person who is licensed and in good standing to practice

acupuncture in another state or country may practice acupuncture in this

state without a license solely for the purpose of conducting clinical

training, practice demonstrations or clinical research that is within

the practice of acupuncture in connection with a program of basic

clinical education, graduate education, or post-graduate education in an

approved school of acupuncture or in its affiliated clinical facility or

health care agency, or before a group of licensed acupuncturists who are

members of a professional society. Any person practicing acupuncture in

New York state pursuant to this subdivision shall be subject to the

personal and subject matter jurisdiction and disciplinary and regulatory

authority of the board of regents as if he or she is a licensee and as

if the exemption pursuant to this subdivision is a license. Such

individual shall comply with the provisions of this article, the rules

of the board of regents, and the regulations of the commissioner,

relating to professional misconduct, disciplinary proceedings and

penalties for professional misconduct.