§ 8410. Exemptions. Nothing contained in this article shall be\nconstrued to:\n 1. Apply to the practice, conduct, activities, services or use of any\ntitle by any person licensed or otherwise authorized to practice\nmedicine within the state pursuant to article one hundred thirty-one of\nthis title or by any person registered to perform services as a\nphysician assistant within the state pursuant to article one hundred\nthirty-one-B of this title or by any person licensed or otherwise\nauthorized to practice psychology within this state pursuant to article\none hundred fifty-three of this title or by any person licensed or\notherwise authorized to practice social work within this state pursuant\nto article one hundred fifty-four of this title, or by any person\nlicensed or otherwise authorized to practice nursing as a registered\nprofessional nurse or nurse practitioner within this state pursuant to\narticle one hundred thirty-nine of this title or by any person licensed\nor otherwise authorized to practice applied behavior analysis within the\nstate pursuant to article one hundred sixty-seven of this title;\nprovided, however, that no physician, physician's assistant, registered\nprofessional nurse, nurse practitioner, psychologist, licensed master\nsocial worker, licensed clinical social worker, licensed behavior\nanalyst or certified behavior analyst assistant may use the titles\n"licensed mental health counselor", "licensed marriage and family\ntherapist", "licensed creative arts therapist", or "licensed\npsychoanalyst", unless licensed under this article.\n 2. Prohibit or limit any individual who is credentialed under any law,\nincluding attorneys, rape crisis counselors, certified alcoholism\ncounselors and certified substance abuse counselors from providing\nmental health services within their respective established authorities.\n 3. Prohibit or limit the practice of a profession licensed pursuant to\nthis article by a student, intern or resident in, and as part of, a\nsupervised educational program in an institution approved by the\ndepartment.\n 4. Prohibit or limit the provision of pastoral counseling services by\nany member of the clergy or Christian Science practitioner, within the\ncontext of his or her ministerial charge or obligation.\n 5. Prohibit or limit individuals, churches, schools, teachers,\norganizations, or not-for-profit businesses, from providing instruction,\nadvice, support, encouragement, or information to individuals, families,\nand relational groups.\n 6. Prohibit or limit an occupational therapist from performing work\nconsistent with article one hundred fifty-six of this title.\n 7. Prohibit the practice of mental health counseling, marriage and\nfamily therapy, creative arts therapy or psychoanalysis, to the extent\npermissible within the scope of practice of such professions, by any\nnot-for-profit corporation or education corporation providing services\nwithin the state of New York and operating under a waiver pursuant to\nsection sixty-five hundred three-a of this title, provided that such\nentities offering mental health counseling, marriage and family therapy,\ncreative arts therapy or psychoanalysis services shall only provide such\nservices through an individual appropriately licensed or otherwise\nauthorized to provide such services or a professional entity authorized\nby law to provide such services.\n 8. (a) Prevent a person without a license from: performing assessments\nincluding but not limited to basic information collection, gathering of\ndemographic data, and informal observations, screening and referral used\nfor general eligibility for a program or service and determining the\nfunctional status of an individual for the purpose of determining need\nfor services; advising individuals regarding the appropriateness of\nbenefits they are eligible for; providing general advice and guidance\nand assisting individuals or groups with difficult day to day problems\nsuch as fi
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