Section 6908. Exempt persons  


Latest version.
  • 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;
        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.