N.Y. Education Law § 8609: Exempt persons

§ 8609. Exempt persons. This article shall not be construed to apply

to:

1. the practice, conduct, activities, or services by any person

licensed or otherwise authorized to practice medicine within the state

pursuant to article one hundred thirty-one-B of this title, or by any

person registered to perform services as a physician assistant or

specialist assistant within the state pursuant to article one hundred

thirty-one-B of this title, or by any person licensed to practice

dentistry within the state pursuant to article one hundred thirty-three

of this title, or by any person licensed to practice podiatry within the

state pursuant to article one hundred forty-one of this title, or by any

person certified as a nurse practitioner within the state pursuant to

article one hundred thirty-nine of this title, or by any person licensed

to perform services as a respiratory therapist or respiratory therapy

technician under article one hundred sixty-four of this title, or any

person licensed to practice midwifery within the state pursuant to

article one hundred forty of this title, or a person licensed to

practice nursing pursuant to article one hundred thirty-nine of this

title, or a person licensed to practice pursuant to article thirty-five

of the public health law; provided, however, that no such person shall

use the titles licensed clinical laboratory technologist, licensed

cytotechnologist, licensed histotechnologist, certified clinical

laboratory technician, or certified histotechnician, unless licensed or

certified under this article; or

2. clinical laboratory technology practitioners employed by the United

States government or any bureau, division, or agency thereof, while in

the discharge of the employee's official duties; or

3. clinical laboratory technology practitioners employed by the New

York State Department of Health Wadsworth Center Laboratory or the New

York City Department of Health and Mental Hygiene Public Health

Laboratory, while in the discharge of the employee's official duties; or

4. clinical laboratory technology practitioners engaged in teaching or

research, provided that the results of any examination performed are not

used in health maintenance, diagnosis or treatment of disease and are

not added to the patient's permanent record; or

5. students or trainees enrolled in approved clinical laboratory

science or technology education programs or training programs described

in subparagraph (iii) of paragraph (c) of subdivision one of section

eighty-six hundred ten of this article provided that these activities

constitute a part of a planned course in the program, that the persons

are designated by a title such as intern, trainee, fellow or student,

and the persons work directly under the supervision of an individual

licensed or exempt pursuant to subdivision one, two, four or eight of

this section; or

6. persons employed by a clinical laboratory to perform supportive

functions not related to the direct performance of laboratory procedures

or examinations; or

7. persons who are working in facilities registered pursuant to

section five hundred seventy-nine of the public health law and only

perform waived tests as defined in section five hundred seventy-one of

the public health law pursuant to such registration; or

8. a director of a clinical laboratory holding a valid certificate of

qualification pursuant to section five hundred seventy-three of the

public health law.