§ 20-10-802 — Exceptions from licensing requirements

The following persons are not required to be licensed under § 20-10-807 : (1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home health services only to a patient as a part of his or her private office practice when the services are incidental to the office practice; (2) The following healthcare professionals providing home healthcare services as a sole practitioner: (A) A registered nurse; (B) A licensed vocational nurse; (C) A physical therapist; (D) An occupational therapist; (E) A speech therapist; (F) A medical social worker; or (G) Any other healthcare professional as determined by the Department of Health; (3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services; (4) An individual whose permanent residence is in the patient's residence; (5) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer; (6) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution; (7) A person who provides one (1) health service through a contract with a person licensed; (8) A durable medical equipment supply company; (9) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes; (10) A hospital or other licensed healthcare facility serving only inpatient residents; (11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing; and (12) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101 , under a license or certificate from the Division of Developmental Disabilities Services.

Legislative History

Amended by Act 2019, No. 1035,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 16, eff. 7/24/2019. Acts 1987, No. 956, § 2; 2003, No. 1783, § 1.