2023 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.