§ 17-87-103 - Exceptions.
17-87-103. Exceptions.
This chapter does not prohibit:
(1) The furnishing of nursing assistance in an emergency;
(2) The practice of nursing that is incidental to their program of study by students enrolled in nursing education programs approved by the Arkansas State Board of Nursing;
(3) The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency while in the discharge of his or her official duties in installations where jurisdiction has been ceded by the State of Arkansas;
(4) The practice of any legally qualified and licensed nurse of another state, territory, or foreign country whose responsibilities include transporting patients into, out of, or through this state while actively engaged in patient transport that does not exceed forty-eight (48) hours in this state;
(5) Nursing or care of the sick when done in connection with the practice of the religious tenets of any church by its adherents;
(6) The care of the sick when done in accordance with the practice of religious principles or tenets of any well-recognized church or denomination that relies upon prayer or spiritual means of healing;
(7) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a graduate nurse anesthetist awaiting certification results while holding a temporary permit;
(8) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a registered nurse who is enrolled as a bona fide student pursuing a course in a nurse anesthesia school that is approved by a nationally recognized accrediting body and whose graduates are acceptable for certification by a nationally recognized certifying body, provided the giving or administering of the anesthetics is confined to the educational requirements of the course and under the direct supervision of a qualified instructor;
(9) Hospital-employed professional paramedics from administering medication for diagnostic procedures under the direction of a physician;
(10) The prescription and administration of drugs, medicines, or therapeutic devices in the presence of and under the supervision of an advanced practice nurse holding a certificate of prescriptive authority, a licensed physician, or licensed dentist by a registered nurse who is enrolled as a student in an advanced pharmacology course, provided the prescription or administration of drugs or medicines, or both, is confined to the educational requirements of the course and under the direct supervision of a qualified instructor; or
(11) (A) Health maintenance activities by a designated care aide for a:
(i) Competent adult at the direction of the adult; or
(ii) Minor child or incompetent adult at the direction of a caretaker.
(B) As used in this section:
(i) "Caretaker" means a person who is:
(a) Directly and personally involved in providing care for a minor child or incompetent adult; and
(b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (11)(B)(i)(a) of this section;
(ii) "Competent adult" means an individual who:
(a) Is eighteen (18) years of age or older; and
(b) Has the capability and capacity to make an informed decision; and
(iii) "Health maintenance activities" means activities that:
(a) Enable a minor child or adult to live in his or her home; and
(b) Are beyond activities of daily living that:
(1) The minor child or adult is unable to perform for himself or herself; and
(2) The attending physician, advanced practice nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker.
(C) As used in this section, "home" does not include:
(i) A nursing home;
(ii) An assisted living facility;
(iii) A residential care facility;
(iv) An intermediate care facility; or
(v) A hospice care facility.
(D) The board with the input of the Home Health Care Service Agency Advisory Council, the Arkansas Health Care Association, and the Arkansas Residential Assisted Living Association shall promulgate rules specifying which health maintenance activities are not exempted under this subdivision (11) and the minimal qualifications required of the designated care aide.