§ 8609. Exempt persons. This article shall not be construed to apply
to:

1. the practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice medicine within the state
pursuant to article one hundred thirty-one-B of this title, or by any
person registered to perform services as a physician assistant or
specialist assistant within the state pursuant to article one hundred
thirty-one-B of this title, or by any person licensed to practice
dentistry within the state pursuant to article one hundred thirty-three
of this title, or by any person licensed to practice podiatry within the
state pursuant to article one hundred forty-one of this title, or by any
person certified as a nurse practitioner within the state pursuant to
article one hundred thirty-nine of this title, or by any person licensed
to perform services as a respiratory therapist or respiratory therapy
technician under article one hundred sixty-four of this title, or any
person licensed to practice midwifery within the state pursuant to
article one hundred forty of this title, or a person licensed to
practice nursing pursuant to article one hundred thirty-nine of this
title, or a person licensed to practice pursuant to article thirty-five
of the public health law; provided, however, that no such person shall
use the titles licensed clinical laboratory technologist, licensed
cytotechnologist, licensed histotechnologist, certified clinical
laboratory technician, or certified histotechnician, unless licensed or
certified under this article; or

2. clinical laboratory technology practitioners employed by the United
States government or any bureau, division, or agency thereof, while in
the discharge of the employee's official duties; or

3. clinical laboratory technology practitioners employed by the New
York State Department of Health Wadsworth Center Laboratory or the New
York City Department of Health and Mental Hygiene Public Health
Laboratory, while in the discharge of the employee's official duties; or

4. clinical laboratory technology practitioners engaged in teaching or
research, provided that the results of any examination performed are not
used in health maintenance, diagnosis or treatment of disease and are
not added to the patient's permanent record; or

5. students or trainees enrolled in approved clinical laboratory
science or technology education programs or training programs described
in subparagraph (iii) of paragraph (c) of subdivision one of section
eighty-six hundred ten of this article provided that these activities
constitute a part of a planned course in the program, that the persons
are designated by a title such as intern, trainee, fellow or student,
and the persons work directly under the supervision of an individual
licensed or exempt pursuant to subdivision one, two, four or eight of
this section; or

6. persons employed by a clinical laboratory to perform supportive
functions not related to the direct performance of laboratory procedures
or examinations; or

7. persons who are working in facilities registered pursuant to
section five hundred seventy-nine of the public health law and only
perform waived tests as defined in section five hundred seventy-one of
the public health law pursuant to such registration; or

8. a director of a clinical laboratory holding a valid certificate of
qualification pursuant to section five hundred seventy-three of the
public health law.