[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.304]

[Page 190]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                    Subpart D_Professional Employees
 
Sec. 541.304  Practice of law or medicine.

    (a) The term ``employee employed in a bona fide professional 
capacity'' in section 13(a)(1) of the Act also shall mean:
    (1) Any employee who is the holder of a valid license or certificate 
permitting the practice of law or medicine or any of their branches and 
is actually engaged in the practice thereof; and
    (2) Any employee who is the holder of the requisite academic degree 
for the general practice of medicine and is engaged in an internship or 
resident program pursuant to the practice of the profession.
    (b) In the case of medicine, the exemption applies to physicians and 
other practitioners licensed and practicing in the field of medical 
science and healing or any of the medical specialties practiced by 
physicians or practitioners. The term ``physicians'' includes medical 
doctors including general practitioners and specialists, osteopathic 
physicians (doctors of osteopathy), podiatrists, dentists (doctors of 
dental medicine), and optometrists (doctors of optometry or bachelors of 
science in optometry).
    (c) Employees engaged in internship or resident programs, whether or 
not licensed to practice prior to commencement of the program, qualify 
as exempt professionals if they enter such internship or resident 
programs after the earning of the appropriate degree required for the 
general practice of their profession.
    (d) The requirements of Sec. 541.300 and subpart G (salary 
requirements) of this part do not apply to the employees described in 
this section.