2006 Kentucky Revised Statutes - .040   Exemptions from application of chapter.

334A.040 Exemptions from application of chapter. (1) Nothing in this chapter, however, shall be construed to prevent a qualified person licensed in this state under any other law from engaging in the profession for which he is licensed. (2) Nothing in this chapter shall be construed to prevent qualified hearing aid dispensers from engaging in those practices and procedures used solely for the fitting and selling of hearing aids. (3) Nothing in this chapter shall be construed as restricting or preventing activities of a speech-language pathology or audiology nature or the use of the official title of the position for which they were employed on the part of the following persons: (a)  Speech-language pathologists or audiologists employed by the federal government, provided such persons are performing such activities solely within the confines or under the jurisdiction of the organization in which they are employed and do not offer to render speech-language pathology or audiology services as defined in subsections (4) and (6) of KRS 334A.020 to the public outside of the institutions or organizations in which they are employed. However, such persons may, without obtaining a license under this chapter, consult or disseminate their research findings and scientific information to other such accredited academic institutions or governmental agencies. They also may offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter; or (b)  Registered and practical nurses or others trained to perform audiometric testing under the direct supervision of a licensed physician or surgeon. (4) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided these activities and services constitute a part of the planned course of study and that such persons are designated by such title as "speech-language pathology intern," "speech-language pathology trainee," or other such title clearly indicating the training status appropriate to his level of training under the supervision of a licensed speech- language pathologist. (5) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of his planned course of study and that such persons are designated by such title as "audiology intern," "audiology trainee," or other such title clearly indicating the training status appropriate to his level of training, under supervision of a licensed audiologist. (6) Nothing in this chapter shall be construed as restricting a speech-language pathologist or audiologist from another state from offering his speech-language pathology or audiology services in this state provided such services are performed for no more than five days in any calendar year and provided that person meets the qualifications and requirements stated in the section on qualifications, except that such person need not apply for licensure under this chapter. However, a person from another state who is licensed or certified as a speech-language pathologist or audiologist by a similar board of another state, or territory of the United States, or of a foreign country or province whose standards are equivalent to or higher than, at the date of his certification or licensure, the requirements of this chapter and regulations duly adopted hereunder, or a person who meets the qualifications and requirements, and resides in a state or territory of the United States, or a foreign country or province which does not grant certification or license to speech-language pathologists, may also offer speech-language pathology services in this state for a total of not more than thirty (30) days in any calendar year without making application for licensure under this chapter. (7) Nothing in this chapter shall be construed as restricting a speech-language pathologist or audiologist who has all the qualifications necessary for licensure under this chapter, who is not certified or licensed by another administrative agency, and who has made application for licensure under this chapter from rendering speech-language pathology or audiology services within this state while awaiting licensure. Effective: March 31, 1988 History: Amended 1988 Ky. Acts ch. 152, sec. 2, effective March 31, 1988. -- Amended 1986 Ky. Acts ch. 483, sec. 4, effective July 15, 1986. -- Created 1972 Ky. Acts ch. 236, sec. 4.