N.Y. Education Law § 8512: Exempt persons

§ 8512. Exempt persons. This article shall not prohibit:

1. a respiratory therapy student or a respiratory therapy technician

student from engaging in clinical assistance under the supervision of a

licensed respiratory therapist or a licensed or otherwise legally

authorized physician as an integral part of a program of study by

students enrolled in an approved respiratory therapy technician program

or in a clinical facility or health care agency affiliated with the

program for respiratory therapy technicians; or

2. the performance of any of the tasks or responsibilities included in

the definition of respiratory therapy technician by any other duly

licensed, certified or registered health care provider, provided that

such tasks or responsibilities are within the scope of his or her

practice; or

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 technician; or

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.