Sec. 61-5.1. Application

This Subpart applies to every individual who operates a mobile laser, except for mobile lasers that:

(a) are subject to the regulatory powers and jurisdiction of the New York State Department of Health or the New York City Department of Health;

(b) are used in the healing of humans when done by or under the supervision of an individual licensed to practice medicine in the State of New York;

(c) are used in the healing of animals when done by or under the supervision of an individual licensed to practice veterinary medicine in the State of New York;

(d) are used exclusively in research and development;

(e) are used by professional engineers and land surveyors licensed to practice in the State of New York; or

(f) by reason of their design and construction cannot emit radiation that exceeds 1 X 10-7 joules/cm or 1 X 10-5 watts /cm when measured 10 centimeters from the exterior surfaces of such mobile lasers.