State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-163 > 8410

§  8410.  Exemptions.  Nothing  contained  in  this  article  shall be  construed to:    1. Apply to the practice, conduct, activities, services or use of  any  title  by  any  person  licensed  or  otherwise  authorized  to practice  medicine within the state pursuant to article one hundred thirty-one  of  this  title  or  by  any  person  registered  to  perform  services as a  physician assistant within the state pursuant  to  article  one  hundred  thirty-one-B  of  this  title  or  by  any  person licensed or otherwise  authorized to practice psychology within this state pursuant to  article  one  hundred  fifty-three  of  this  title  or by any person licensed or  otherwise authorized to practice social work within this state  pursuant  to  article  one  hundred  fifty-four  of  this  title, or by any person  licensed or otherwise authorized to practice  nursing  as  a  registered  professional  nurse  or nurse practitioner within this state pursuant to  article one hundred thirty-nine of this title; provided,  however,  that  no  physician,  physician's  assistant,  registered  professional nurse,  nurse practitioner, psychologist,  licensed  master  social  worker,  or  licensed  clinical  social  worker  may  use the titles "licensed mental  health counselor", "licensed marriage and family  therapist",  "licensed  creative  arts  therapist", or "licensed psychoanalyst", unless licensed  under this article.    2. Prohibit or limit any individual who is credentialed under any law,  including  attorneys,  rape  crisis  counselors,  certified   alcoholism  counselors  and  certified  substance  abuse  counselors  from providing  mental health services within their respective established authorities.    3. Prohibit or limit the practice of a profession licensed pursuant to  this article by a student, intern or resident in,  and  as  part  of,  a  supervised  educational  program  in  an  institution  approved  by  the  department.    4. Prohibit or limit the provision of pastoral counseling services  by  any  member  of the clergy or Christian Science practitioner, within the  context of his or her ministerial charge or obligation.    5.  Prohibit  or  limit  individuals,  churches,  schools,   teachers,  organizations, or not-for-profit businesses, from providing instruction,  advice, support, encouragement, or information to individuals, families,  and relational groups.    6.  Prohibit  or  limit an occupational therapist from performing work  consistent with article one hundred fifty-six of this title.    7. Prohibit the practice of mental  health  counseling,  marriage  and  family  therapy,  creative arts therapy or psychoanalysis, to the extent  permissible within the scope of practice of  such  professions,  by  any  not-for-profit  corporation  or education corporation providing services  within the state of New York and operating under a  waiver  pursuant  to  section  sixty-five  hundred  three-a  of this title, provided that such  entities offering mental health counseling, marriage and family therapy,  creative arts therapy or psychoanalysis services shall only provide such  services through  an  individual  appropriately  licensed  or  otherwise  authorized  to provide such services or a professional entity authorized  by law to provide such services.

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-163 > 8410

§  8410.  Exemptions.  Nothing  contained  in  this  article  shall be  construed to:    1. Apply to the practice, conduct, activities, services or use of  any  title  by  any  person  licensed  or  otherwise  authorized  to practice  medicine within the state pursuant to article one hundred thirty-one  of  this  title  or  by  any  person  registered  to  perform  services as a  physician assistant within the state pursuant  to  article  one  hundred  thirty-one-B  of  this  title  or  by  any  person licensed or otherwise  authorized to practice psychology within this state pursuant to  article  one  hundred  fifty-three  of  this  title  or by any person licensed or  otherwise authorized to practice social work within this state  pursuant  to  article  one  hundred  fifty-four  of  this  title, or by any person  licensed or otherwise authorized to practice  nursing  as  a  registered  professional  nurse  or nurse practitioner within this state pursuant to  article one hundred thirty-nine of this title; provided,  however,  that  no  physician,  physician's  assistant,  registered  professional nurse,  nurse practitioner, psychologist,  licensed  master  social  worker,  or  licensed  clinical  social  worker  may  use the titles "licensed mental  health counselor", "licensed marriage and family  therapist",  "licensed  creative  arts  therapist", or "licensed psychoanalyst", unless licensed  under this article.    2. Prohibit or limit any individual who is credentialed under any law,  including  attorneys,  rape  crisis  counselors,  certified   alcoholism  counselors  and  certified  substance  abuse  counselors  from providing  mental health services within their respective established authorities.    3. Prohibit or limit the practice of a profession licensed pursuant to  this article by a student, intern or resident in,  and  as  part  of,  a  supervised  educational  program  in  an  institution  approved  by  the  department.    4. Prohibit or limit the provision of pastoral counseling services  by  any  member  of the clergy or Christian Science practitioner, within the  context of his or her ministerial charge or obligation.    5.  Prohibit  or  limit  individuals,  churches,  schools,   teachers,  organizations, or not-for-profit businesses, from providing instruction,  advice, support, encouragement, or information to individuals, families,  and relational groups.    6.  Prohibit  or  limit an occupational therapist from performing work  consistent with article one hundred fifty-six of this title.    7. Prohibit the practice of mental  health  counseling,  marriage  and  family  therapy,  creative arts therapy or psychoanalysis, to the extent  permissible within the scope of practice of  such  professions,  by  any  not-for-profit  corporation  or education corporation providing services  within the state of New York and operating under a  waiver  pursuant  to  section  sixty-five  hundred  three-a  of this title, provided that such  entities offering mental health counseling, marriage and family therapy,  creative arts therapy or psychoanalysis services shall only provide such  services through  an  individual  appropriately  licensed  or  otherwise  authorized  to provide such services or a professional entity authorized  by law to provide such services.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-163 > 8410

§  8410.  Exemptions.  Nothing  contained  in  this  article  shall be  construed to:    1. Apply to the practice, conduct, activities, services or use of  any  title  by  any  person  licensed  or  otherwise  authorized  to practice  medicine within the state pursuant to article one hundred thirty-one  of  this  title  or  by  any  person  registered  to  perform  services as a  physician assistant within the state pursuant  to  article  one  hundred  thirty-one-B  of  this  title  or  by  any  person licensed or otherwise  authorized to practice psychology within this state pursuant to  article  one  hundred  fifty-three  of  this  title  or by any person licensed or  otherwise authorized to practice social work within this state  pursuant  to  article  one  hundred  fifty-four  of  this  title, or by any person  licensed or otherwise authorized to practice  nursing  as  a  registered  professional  nurse  or nurse practitioner within this state pursuant to  article one hundred thirty-nine of this title; provided,  however,  that  no  physician,  physician's  assistant,  registered  professional nurse,  nurse practitioner, psychologist,  licensed  master  social  worker,  or  licensed  clinical  social  worker  may  use the titles "licensed mental  health counselor", "licensed marriage and family  therapist",  "licensed  creative  arts  therapist", or "licensed psychoanalyst", unless licensed  under this article.    2. Prohibit or limit any individual who is credentialed under any law,  including  attorneys,  rape  crisis  counselors,  certified   alcoholism  counselors  and  certified  substance  abuse  counselors  from providing  mental health services within their respective established authorities.    3. Prohibit or limit the practice of a profession licensed pursuant to  this article by a student, intern or resident in,  and  as  part  of,  a  supervised  educational  program  in  an  institution  approved  by  the  department.    4. Prohibit or limit the provision of pastoral counseling services  by  any  member  of the clergy or Christian Science practitioner, within the  context of his or her ministerial charge or obligation.    5.  Prohibit  or  limit  individuals,  churches,  schools,   teachers,  organizations, or not-for-profit businesses, from providing instruction,  advice, support, encouragement, or information to individuals, families,  and relational groups.    6.  Prohibit  or  limit an occupational therapist from performing work  consistent with article one hundred fifty-six of this title.    7. Prohibit the practice of mental  health  counseling,  marriage  and  family  therapy,  creative arts therapy or psychoanalysis, to the extent  permissible within the scope of practice of  such  professions,  by  any  not-for-profit  corporation  or education corporation providing services  within the state of New York and operating under a  waiver  pursuant  to  section  sixty-five  hundred  three-a  of this title, provided that such  entities offering mental health counseling, marriage and family therapy,  creative arts therapy or psychoanalysis services shall only provide such  services through  an  individual  appropriately  licensed  or  otherwise  authorized  to provide such services or a professional entity authorized  by law to provide such services.