§ 17-100-104 — Exemptions

Nothing in this chapter shall be construed as preventing or restricting: (1) A physician or surgeon from engaging in the practice of medicine in this state; (2) A hearing aid dealer from engaging in the business of fitting and selling hearing aids in this state in accordance with § 17-84-101 et seq.; (3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed; (4) (A) A person from performing speech-language pathology or audiology services solely within the confines or under the jurisdiction of a public school system if that person holds a valid and current certificate as a speech therapist or speech-language pathologist issued by the Division of Elementary and Secondary Education. (B) However, without obtaining a license under this chapter, such a person may consult with or disseminate his or her research findings and other specific information to speech-language pathologists and audiologists outside the jurisdiction of the school district by which he or she is employed. Such a person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. (C) The person may additionally elect to be subject to this chapter; (5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if the activities and services constitute a part of a supervised course of study and if the persons are designated as speech-language pathology interns, speech-language pathology trainees, audiology interns, audiology trainees, or by other such titles clearly indicating the training status appropriate to their level of training; (6) (A) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described in § 17-100-302(b) . (B) The performance of speech-language pathology or audiology services in this state by a person not a resident of this state who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by § 17-100-302(b) , or who is the holder of the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology or audiology or its equivalent, if such services are performed in the state for no more than thirty (30) days in any fiscal year and are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter; (7) A person from performing speech-language pathology or audiology services solely within the confines of the person's duties as an employee of the State of Arkansas, provided that the person was an employee of the State of Arkansas on January 1, 1993, and, furthermore, this exemption applies to such state employees who subsequently transfer to another agency of the state; or (8) (A) A person from performing speech-language pathology services solely within the confines of the person's duties as an employee of any entity licensed or certified as a developmental disability services community provider by the Division of Developmental Disabilities Services, if that person holds a minimum of a bachelor's degree in speech-language pathology and is supervised by a licensed speech-language pathologist. (B) The supervision of the bachelor's level personnel shall be in accordance with the rules adopted by the Board of Examiners in Speech-Language Pathology and Audiology. (C) The board shall adopt rules that set forth the scope and restrictions relating to bachelor's level personnel. (D) These persons shall be required to comply with state rules as speech-language pathology support personnel no later than January 1, 1997.

Legislative History

Amended by Act 2019, No. 315,§ 1648, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2251, eff. 7/1/2019. Amended by Act 2013, No. 219,§ 2, eff. 8/16/2013. Acts 1975, No. 277, § 9; 1980 (1st Ex. Sess.), No. 44, § 1; A.S.A. 1947, § 72-1809; Acts 1993, No. 121, § 4; 1995, No. 826, § 3.