§ 8512. Exempt persons. This article shall not prohibit:

1. a respiratory therapy student or a respiratory therapy technician
student from engaging in clinical assistance under the supervision of a
licensed respiratory therapist or a licensed or otherwise legally
authorized physician as an integral part of a program of study by
students enrolled in an approved respiratory therapy technician program
or in a clinical facility or health care agency affiliated with the
program for respiratory therapy technicians; or

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

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 technician; or

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.