§ 43-40-03 — Persons and practices not affected by chapter

This chapter does not prevent or restrict the practice, services, or activities of:
1. Services by a person licensed by the state and working within the standards and
ethics of that person's profession, if that person does not represent to the public that
the person is an occupational therapist or occupational therapy assistant.

2. Any person employed as an occupational therapist or occupational therapy assistant
by the United States or any agency of it, if the person provides occupational therapy
solely under the direction or control of the organization by which employed.
3. Any person performing occupational therapy consultation, continuing education,
inservice, or preservice training in this state, if these services are performed for no
more than thirty days in a calendar year, if:
a. The person is licensed or registered under the law of another state which has
regulatory requirements at least as stringent as the requirements of this chapter;
or
b. The person meets the requirements for certification as an occupational therapist
registered or a certified occupational therapy assistant, established by a national
occupational therapy certifying agency approved by the board.