Section 8216. Exemptions; waiver

(1) A person who is validly registered as
  a   "specialist's  assistant-acupuncture"  in  accordance  with  section
  sixty-five hundred forty-one of  this  chapter  and  the  commissioner's
  regulations shall not be subject to the provisions of this article;
    (2)  Any  person  who  is validly licensed under the provisions of the
  former chapter nine hundred fifty-nine of the laws of  nineteen  hundred
  seventy-four is deemed to be licensed pursuant to this article;
    (3)  Any  person  who is validly certified under the provisions of the
  former chapter nine hundred fifty-nine of the laws of  nineteen  hundred
  seventy-four  shall continue to be certified to practice acupuncture and
  may continue to use the title certified  acupuncturist.  The  department
  may  establish  rules and regulations providing for the certification of
  physicians and dentists as acupuncturists, provided that such  certified
  acupuncturists  do  not represent themselves as licensed acupuncturists.
  Certified acupuncturists seeking to become licensed acupuncturists shall
  be subject to all provisions of this article;
    (4) A person  who  does  not  otherwise  possess  the  credentials  or
  qualifications  required  for  the practice of acupuncture prescribed by
  this article or the regulations promulgated hereunder or any  other  law
  but  who  is authorized by the division of alcoholism and alcohol abuse,
  the division of substance abuse services, or the department of health to
  provide treatment for  alcoholism,  substance  dependence,  or  chemical
  dependency in a hospital or clinical program which has been approved for
  such  treatment  by  the  division  of alcoholism and alcohol abuse, the
  division of substance abuse services, or the department  of  health  and
  who  has  been  trained  to  practice  acupuncture  for the treatment of
  alcoholism, substance dependence,  or  chemical  dependency  through  an
  educational   program   acceptable   to  the  education  department  may
  nevertheless practice acupuncture provided such practice is  limited  to
  the   treatment   of   alcoholism,  substance  dependence,  or  chemical
  dependency in such clinical or hospital programs, or in a  program  that
  if statutorily exempt from such approval meets standards approved by the
  division  of  alcoholism  and  alcohol  abuse, the division of substance
  abuse services, or the department of health, and further  provided  that
  such  practice is done in accordance with regulations promulgated by the
  division of alcoholism and alcohol  abuse,  the  division  of  substance
  abuse services, or the department of health. Such person shall work only
  under  the  general  supervision  of a physician or dentist certified to
  practice acupuncture or an individual licensed to  practice  acupuncture
  in  the  state of New York pursuant to this article. Notwithstanding any
  other law, rule or regulation to the contrary, persons authorized on  or
  before  the  effective  date of this article to practice acupuncture for
  the  treatment  of  alcoholism,  substance   dependence,   or   chemical
  dependency within a hospital or clinical program which has been approved
  for  such treatment by the division of alcoholism and alcohol abuse, the
  division of substance abuse services, or the department  of  health  may
  nevertheless  continue  to  practice acupuncture under the provisions of
  this subdivision;
    (5) Any person who is pursuing qualification for licensure  through  a
  course of formal study pursuant to this article may practice acupuncture
  without a license, provided such practice is limited to such study;
    (6)  Any  person  who  has  completed  a  formal  course of study or a
  tutorial apprenticeship acceptable to the department and  in  accordance
  with the commissioner's regulations, prior to the effective date of this
  article,  and  presents  satisfactory proof of such completion, shall be
  exempt from the education requirements set forth in subdivision  two  of
  section   eighty-two  hundred  fourteen  of  this  article  provided  an
  application pursuant to subdivision one of  section  eighty-two  hundred

  fourteen of this article is filed with the department not later than one
  year  from  the  effective  date  of this article, and in no event shall
  participation in such tutorial apprenticeship or formal course of  study
  constitute a violation of this chapter.
    (7) Any person who is pursuing qualification for certification through
  a  formal  course  of  study  in  a  registered  program  and any person
  appointed to the  faculty  of  such  program  may  practice  acupuncture
  without  a  license,  provided  that  such  practice  is limited to such
  research, study and training.