§ 17-83-104 - Exemptions.
17-83-104. Exemptions.
This chapter shall not be construed to affect or prevent:
(1) Dietetics students who engage in clinical practice under the supervision of a dietitian as part of a dietetic education program approved or accredited by the American Dietetic Association and approved by the Arkansas Dietetics Licensing Board;
(2) A dietitian who is serving in the armed forces or the United States Public Health Service or is employed by the United States Department of Veterans Affairs from engaging in the practice of dietetics, provided that the practice is related to that service or employment;
(3) A cooperative extension home economist from performing nutrition tasks incidental to the practice of his or her profession, provided that the person does not hold himself or herself out under the title of dietitian or licensed dietitian;
(4) A duly licensed physician, pharmacist, or nurse from engaging in the practice of dietetics when incidental to the practice of his or her profession, provided that the person does not hold himself or herself out under the title of dietitian or licensed dietitian;
(5) Any person employed by, supervised by, under the guidance of, or in consultation with a licensed dietitian, such as a dietetic technician, home economist, dietary manager, or food service supervisor, from performing nutrition tasks in the practice of his or her profession, provided that the person does not hold himself or herself out under the title of dietitian or licensed dietitian;
(6) Any person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in human nutrition, food and nutrition, dietetics, public health nutrition, or food systems management;
(7) A nonresident dietitian practicing dietetics in this state, if:
(A) The dietetics are performed for no more than one hundred eighty (180) consecutive working days; and
(B) The dietitian:
(i) Is licensed under the laws of another state which has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or
(ii) Has met qualifications as specified in this chapter for the practice of dietetics;
(8) Any person who offers weight control programs prepared under the supervision of or approved by a registered dietitian or a licensed dietitian who is licensed under the laws of this state or another state which has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board, provided that the person does not hold himself or herself out under the title of dietitian or licensed dietitian;
(9) Any person employed by a hospital or long-term care facility licensed by the Department of Health or the Department of Human Services and operating under the rules and regulations of the agencies shall be exempt from this chapter, provided that the person's practice of dietetics is related to the employment;
(10) Any person employed by a facility which is conducted by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination, provided that the person's practice of dietetics is related to the employment;
(11) Any person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in animal nutrition and whose practice is related to the degree;
(12) Any health care professional or nutritionist from engaging in dietetics practice without a license under this chapter; or
(13) The sale of vitamins, over-the-counter health care products, or food supplements by persons who are not licensed under this chapter, nor shall this chapter prevent nutritionists from advising customers in regard to those products.