NY Educ L § 8216 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 160 - Acupuncture 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.