Applicability of chapter.

(a) General rule.--This chapter applies to, and the word "institution" in this chapter means, any institution which applies to itself, either as part of its name or in any other manner, the designation of "college," "university" or "seminary" in such a way as to give the impression that it is an educational institution conforming to the standards and qualifications prescribed by the State board. Nothing is this chapter shall be construed to expand the powers of the State board with respect to any institution heretofore existing.

(b) Exceptions.--Notwithstanding subsection (a), this chapter does not apply to any:

(1) Incorporated or unincorporated theological seminary without power to confer degrees.

(2) Public instrumentality subject to the policy supervision and direction of the State board.