Arkansas Code § 17-107-104 - Exemptions

Nothing in this chapter shall be construed to restrict:

(1) The practice of orthotics, prosthetics, or pedorthics by:

(A) An individual who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties;

(B) A student enrolled in an orthotic education program, prosthetic education program, or pedorthic education program;

(C) An orthotic resident or prosthetic resident; or

(D) A student participating in a pedorthic work experience program or internship approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

(2) A licensed health care practitioner from engaging in the full scope of practice of the practitioner's profession or from doing work within the standards and ethics of his or her respective professions;

(3) An individual from sizing a prefabricated device, including without limitation, diabetic shoes and similar devices, for a customer if the individual:

(A) Is acting under the supervision and control of a pharmacist or pharmacy licensed under ยง 17-92-101 et seq.;

(B) Does not cast, measure, mold, or scan a part of the human body for the purpose of constructing an external device intended to treat a customer's medical condition; and

(C) Can provide satisfactory evidence of one (1) of the following:

(i) The individual has documentation of training from an orthotist, a prosthetist, a pedorthist, or a manufacturer approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

(ii) The individual is certified or registered as an orthotic fitter or a pedorthic fitter by a nationally recognized board or association approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board; or

(iii) The individual works under the direct supervision of an orthotic fitter or pedorthic fitter who is certified or registered by a nationally recognized board or association approved by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board;

(4) (A) Any other licensed health care professional within this state, or prevent a member of any health care profession or any person employed by or supervised by a licensed health care professional from doing work of a nature consistent with the person's training, so long as the licensed health care professional does not hold himself or herself out to the public as a licensee under this chapter.

(B) The exemption created in subdivision (4)(A) of this section expressly exempts licensure manufacturers' representatives so long as the process of measuring and fitting of the orthotic, prosthetic, or pedorthic device takes place under the supervision of a qualified member of a licensed health care profession within this state; and

(5) A licensed athletic trainer from engaging in the full scope of practice of the athletic trainer's profession or from doing work within the standards and ethics of the Arkansas State Board of Athletic Training.

Section: Previous  17-107-102  17-107-103  17-107-104  17-107-105  17-107-106    Next

Last modified: November 15, 2016