Section 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 laboratory technologist, cytotechnologist, or
  certified laboratory technician, 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.