§ 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.