N.Y. Education Law § 8505: Exempt persons

§ 8505. Exempt persons. This article shall not prohibit:

1. The practice of respiratory therapy as an integral part of a

program of study by students enrolled in approved respiratory therapy

education programs;

2. The performance of any of the modalities included in the definition

of respiratory therapy by any other duly licensed, certified or

registered health care provider, provided that such modalities are

within the scope of his or her practice;

3. Unlicensed assistants from being employed in a hospital, as defined

in article twenty-eight of the public health law, for purposes other

than the practice of respiratory therapy;

4. The practice of respiratory therapy by any legally qualified

respiratory therapy practitioner of any other state or territory who is

serving in the armed forces or the public health service of the United

States or who is employed by the veterans administration, while engaged

in the performance of his or her duties.

5. The provision of polysomnographic technology services, as defined

by the commissioner, by an individual, under the direction and

supervision of a licensed physician, who has obtained authorization

issued by the department. Such authorization shall be issued to

individuals who have met standards, including those relating to

education, experience, examination and character, as promulgated in

regulations of the commissioner. Such authorization shall be subject to

the full disciplinary and regulatory authority of the board of regents

and the department, pursuant to this title, as if such authorization

were a professional license issued under this article. The application

fee for such authorization shall be three hundred dollars. Each

authorization holder shall register with the department every three

years and shall pay a registration fee of three hundred dollars.