§ 8505. Exempt persons. This article shall not prohibit:

1. The practice of respiratory therapy as an integral part of a
program of study by students enrolled in approved respiratory therapy
education programs;

2. The performance of any of the modalities included in the definition
of respiratory therapy by any other duly licensed, certified or
registered health care provider, provided that such modalities are
within the scope of his or her practice;

3. Unlicensed assistants from being employed in a hospital, as defined
in article twenty-eight of the public health law, for purposes other
than the practice of respiratory therapy;

4. The practice of respiratory therapy by any legally qualified
respiratory therapy practitioner of any other state or territory who is
serving in the armed forces or the public health service of the United
States or who is employed by the veterans administration, while engaged
in the performance of his or her duties.

5. The provision of polysomnographic technology services, as defined
by the commissioner, by an individual, under the direction and
supervision of a licensed physician, who has obtained authorization
issued by the department. Such authorization shall be issued to
individuals who have met standards, including those relating to
education, experience, examination and character, as promulgated in
regulations of the commissioner. Such authorization shall be subject to
the full disciplinary and regulatory authority of the board of regents
and the department, pursuant to this title, as if such authorization
were a professional license issued under this article. The application
fee for such authorization shall be three hundred dollars. Each
authorization holder shall register with the department every three
years and shall pay a registration fee of three hundred dollars.