Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-107-101 — 17-107-106) › Section 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 United States Government or any bureau, division, or agency of the United States 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 healthcare 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 §
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 healthcare professional within this state, or prevent a member of any healthcare profession or any person employed by or supervised by a licensed healthcare professional from doing work of a nature consistent with the person's training, so long as the licensed healthcare 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 healthcare 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.
Acts 2007, No. 174, § 1.