2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 156 - Occupational Therapy › 7906 - Exempt Persons.

§ 7906. Exempt  persons. This article shall not be construed to affect
or prevent the following, provided that no title, sign, card  or  device
shall  be  used  in such manner as to tend to convey the impression that
the person rendering such service is a licensed occupational therapist:
(1) A licensed physician from practicing  his  or  her  profession  as
defined  under  article  one  hundred thirty-one and article one hundred
thirty-one-B of this title.
(2)  Qualified  members  of  other  licensed  or  legally   recognized
professions  from  performing  work  incidental to the practice of their
profession, except that such persons may not hold themselves  out  under
the title occupational therapist or as performing occupational therapy.
(3)  A  student  from  engaging  in  clinical  practice  as part of an
accredited program in  occupational  therapy,  pursuant  to  subdivision
three of section seventy-nine hundred four of this article.
(4)  An  occupational  therapy  assistant  student  from  engaging  in
clinical practice under the direction and supervision of an occupational
therapist  or  an  occupational  therapy  assistant  who  is  under  the
supervision  of  an  occupational  therapist,  as  part of an accredited
occupational therapy assistant program, as defined by  the  commissioner
and in accordance with the commissioner's regulations.
(5)  The  care  of  the  sick  by  any person, provided such person is
employed primarily in a domestic capacity. This shall not authorize  the
treatment  of  patients  in a home care service of any hospital, clinic,
institution or agency.
(6) An employee of a federal agency from using the title or practicing
as an occupational therapist insofar as such activities are required  by
his salaried position and the use of such title shall be limited to such
employment.
(7)  The following people from working under the direct supervision of
a licensed occupational therapist:
An individual employed by the state or  municipal  government  at  the
effective  date  of  this  article  who  performs supportive services in
occupational therapy solely for the time such person continues  in  that
employment.
(8)  Any  occupational  therapist  who  is  licensed in another state,
United States possession or country or  who  has  received  at  least  a
baccalaureate  degree  or its equivalent in occupational therapy and who
is either in this state for the purposes of (a)  consultation,  provided
such  practice  is  limited to such consultation; or (b) an occupational
therapist authorized to  practice  in  another  state  or  country  from
conducting  a  teaching  clinical  demonstration  in  connection  with a
program of basic clinical education, graduate education or post graduate
education  in  an  approved  school  of  occupational  therapy  or   its
affiliated  clinical facility or health care agency or before a group of
licensed occupational therapists; or (c) because he or she resides  near
a  border of this state, provided such practice is limited in this state
to the vicinity of such border and said occupational therapist does  not
maintain  an  office  or place to meet patients or receive calls in this
state.