ยง 7805. Exempt persons. Nothing contained in this article shall be
construed to prohibit:
1. The practice of massage therapy by any person who is authorized to
practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or
podiatry in accordance with the provisions of this title.
2. The practice of that massage which is customarily given in barber
shops or beauty parlors for the purpose of beautification by any
licensed barber or beauty culturist.
3. The practice of massage therapy by any person employed in a medical
institution licensed or chartered by the state of New York, provided
that such person is under the on-site supervision of a person licensed
to practice massage therapy or authorized to practice massage therapy by
subdivision one of this section, or by any person enrolled in a program
of a school or institute of massage therapy registered by the
department, or enrolled in a program which satisfies the requirements of
section seventy-eight hundred four of this article, provided that such
person is under the on-site supervision of a person licensed to practice
massage therapy or authorized to practice massage therapy by subdivision
one of this section.
4. The practice of massage therapy by any person duly employed as a
trainer by a professional athletic association, club or team, or as a
member of the physical education department of an accredited university,
college or high school.
5. The practice of massage therapy by any person employed by a
corporation or association organized exclusively for the moral or mental
improvement of men, women or children.
6. A massage therapist licensed and in good standing in another state
or country from conducting a teaching demonstration of modalities and
techniques that are within the practice of massage therapy in connection
with a program of continuing education that is conducted by approved
sponsors of continuing education by the department. Any massage
therapist conducting a teaching demonstration of modalities and
techniques in New York state pursuant to this subdivision shall be
subject to the personal and subject matter jurisdiction and disciplinary
and regulatory authority of the board of regents as if he or she is a
licensee and as if the exemption pursuant to this subdivision is a
license. Such massage therapist shall comply with the provisions of this
article, the rules of the board of regents, and the regulations of the
commissioner, relating to professional misconduct, disciplinary
proceedings and penalties for professional misconduct.