2006 New York Code - Exempt Persons.



 
    § 6908. Exempt persons. 1. This article shall not be construed:
    * a.  As  prohibiting  (i)  the domestic care of the sick, disabled or
  injured by any family member, household  member  or  friend,  or  person
  employed  primarily  in a domestic capacity who does not hold himself or
  herself out, or accept employment  as  a  person  licensed  to  practice
  nursing  under  the  provision  of  this  article; provided that if such
  person is remunerated, the person does not hold himself or  herself  out
  as  one  who  accepts  employment  for  performing  such  care;  or  the
  administration of medications or treatment by child day  care  providers
  or  employees  or  caregivers  of  child  day  care  programs where such
  providers, employees or caregivers are acting under  the  direction  and
  authority of a parent of a child, legal guardian, legal custodian, or an
  adult  in  whose  care  a  child  has  been  entrusted  and who has been
  authorized by the parent to consent to any health care for the child and
  in compliance with the regulations of the office of children and  family
  services  pertaining to the administration of medications and treatment;
  or
    (ii) any person from the domestic administration of  family  remedies;
  or
    (iii)  the  providing  of  care  by  a person acting in the place of a
  person exempt under clause (i) of this  paragraph,  but  who  does  hold
  himself or herself out as one who accepts employment for performing such
  care,  where  nursing  services  are under the instruction of a licensed
  nurse, or under the instruction of a  patient  or  family  or  household
  member   determined   by   a   registered   professional   nurse  to  be
  self-directing and  capable  of  providing  such  instruction,  and  any
  remuneration is provided under section three hundred sixty-five-f of the
  social services law; or
    (iv) the furnishing of nursing assistance in case of an emergency;
    * NB Effective until March 31, 2007
    * a.  As  prohibiting  (i)  the domestic care of the sick, disabled or
  injured by any family member, household  member  or  friend,  or  person
  employed  primarily  in a domestic capacity who does not hold himself or
  herself out, or accept employment  as  a  person  licensed  to  practice
  nursing  under  the  provision  of  this  article; provided that if such
  person is remunerated, the person does not hold himself or  herself  out
  as one who accepts employment for performing such care; or
    (ii)  any  person from the domestic administration of family remedies;
  or
    (iii) the providing of care by a person  acting  in  the  place  of  a
  person  exempt  under  clause  (i)  of this paragraph, but who does hold
  himself or herself out as one who accepts employment for performing such
  care, where nursing services are under the  instruction  of  a  licensed
  nurse,  or  under  the  instruction  of a patient or family or household
  member  determined  by   a   registered   professional   nurse   to   be
  self-directing  and  capable  of  providing  such  instruction,  and any
  remuneration is provided under section thirty-six hundred twenty-two  of
  the  public  health  law  or  section  three hundred sixty-five-f of the
  social service law; or
    (iv) the furnishing of nursing assistance in case of an emergency;
    * NB Effective March 31, 2007
    b. As including services given by attendants in institutions under the
  jurisdiction of or subject to the visitation of the state department  of
  mental hygiene if adequate medical and nursing supervision is provided;
    c.  As  prohibiting  such  performance  of nursing service by students
  enrolled in registered schools or programs as may be incidental to their
  course of study;
    d. As prohibiting or preventing the practice of nursing in this  state
  by  any  legally  qualified  nurse  or practical nurse of another state,
  province, or country whose engagement requires him or her  to  accompany
  and  care  for  a  patient temporarily residing in this state during the
  period  of  such  engagement  provided such person does not represent or
  hold himself or herself out as a nurse or practical nurse registered  to
  practice in this state;
    e.  As prohibiting or preventing the practice of nursing in this state
  during an emergency or  disaster  by  any  legally  qualified  nurse  or
  practical  nurse  of  another  state,  province,  or  country who may be
  recruited by the American National Red Cross or  pursuant  to  authority
  vested  in  the  state  civil  defense  commission for such emergency or
  disaster service, provided  such  person  does  not  represent  or  hold
  himself  or  herself  out  as  a  nurse or practical nurse registered to
  practice in this state;
    f. As prohibiting or preventing the practice of nursing in this state,
  in obedience to the requirements of the laws of the  United  States,  by
  any  commissioned nurse officer in the armed forces of the United States
  or by any nurse employed in the United States veterans administration or
  United States public health service while engaged in the performance  of
  the  actual  duties  prescribed  for  him or her under the United States
  statutes, provided such person does not represent  or  hold  himself  or
  herself out as a nurse registered to practice in this state; or
    g.  As  prohibiting  the care of the sick when done in connection with
  the practice of the religious tenets of any church.

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