7208-a. Exempt persons in or related to the profession of geology. Nothing in this article shall be construed to affect or prevent:
1. The employment and supervision of interns and other persons qualified by education or experience by professional geologists as assistants in the performance of geological services, or as consultants or employees in special fields related to but not uniquely geology, provided that the professional geologist employing or supervising such persons shall not be relieved of any responsibility whatsoever by delegation to such persons.
2. The practice of professional engineering by a professional engineer licensed pursuant to this article to practice engineering in this state or an entity authorized pursuant to section seventy-two hundred ten of this article to provide engineering in this state, including the investigation, acquisition, evaluation, and interpretation of the physical and chemical properties of the soil, rock, groundwater, earth materials and data related thereto, and the performance of activities as specified in section seventy-two hundred four-a of this article, provided that no such person shall use the designation, or hold himself or herself out as a "professional geologist," unless licensed as such in this state, and provided further that nothing in this chapter shall preclude a licensed professional engineer or authorized entity from offering to provide or providing the work enumerated in this subdivision, however categorized, on the grounds that such licensed professional engineer or authorized entity is not licensed to practice geology.
3. The practice of land surveying by any person that is licensed or otherwise authorized to practice land surveying in this state, provided that no such person shall use the designation or hold himself or herself out as a "professional geologist" unless licensed as such in this state.
4. The execution of work by contractors or by others of work prepared by a professional geologist, or the superintendence of such work as a superintendent, foreman or inspector.
5. The practice of the profession of geology by officers and employees of this state practicing solely as officers and employees; provided, however, that this exemption shall not apply to officers and employees of the state of New York who commence employment or the performance of work related activities after the effective date of this section.
6. The execution of geological research and/or teaching conducted at accredited educational institutions and not-for-profit research institutions, conducted solely through those institutions.
7. Work customarily performed by physical or natural scientists provided such work does not include geological investigations, being in responsible charge of geological work, or the drawing of geological conclusions and recommendations.
8. Work customarily performed by water well drillers who have received a certificate of registration pursuant to section 15-1525 of the environmental conservation law.
Last modified: February 3, 2019