Exceptions from licensing requirements

Ark. Code Ann. § 20-10-802 — under Long-Term Care Facilities and Services.

Ark. Code Ann. § 20-10-802

(1) The following persons are not required to be licensed under § 20-10-807:(1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home healthcare services only to a patient as a part of his or her private office practice when the home healthcare services are incidental to the private office practice;(2) The following healthcare professionals providing home healthcare services as a sole practitioner:(A) A registered nurse;(B) A licensed vocational nurse;(C) A physical therapist;(D) An occupational therapist;(E) A speech therapist;(F) A medical social worker; or(G) Any other healthcare professional as determined by the Department of Health;(3) An entity that solely provides therapy services not reimbursed under Medicare Part A by healthcare professionals licensed under §§ 17-93-101 — 17-93-312, § 17-88-101 et seq., or §§ 17-100-102 — 17-100-308;(4) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services;(5) An individual whose permanent residence is in the patient's residence;(6) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer;(7) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution;(8) A person who provides one (1) health service through a contract with a person licensed;(9) A durable medical equipment supply company;(10) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes;(11) A hospital or other licensed healthcare facility serving only inpatient residents;(12) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing;(13) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101, under a license or certificate from the Division of Developmental Disabilities Services; and(14) A licensed, certified Program of All-Inclusive Care for the Elderly provider in good standing under the administration of the Arkansas Medicaid Program and providing services to enrolled Program of All-Inclusive Care for the Elderly participants as part of the participants' documented individual care plans within the Program of All-Inclusive Care for the Elderly.

(1) A physician, dentist, registered nurse, or physical therapist who is currently licensed under the laws of this state who provides home healthcare services only to a patient as a part of his or her private office practice when the home healthcare services are incidental to the private office practice;

(2) The following healthcare professionals providing home healthcare services as a sole practitioner:(A) A registered nurse;(B) A licensed vocational nurse;(C) A physical therapist;(D) An occupational therapist;(E) A speech therapist;(F) A medical social worker; or(G) Any other healthcare professional as determined by the Department of Health;

(A) A registered nurse;

(B) A licensed vocational nurse;

(C) A physical therapist;

(D) An occupational therapist;

(E) A speech therapist;

(F) A medical social worker; or

(G) Any other healthcare professional as determined by the Department of Health;

(3) An entity that solely provides therapy services not reimbursed under Medicare Part A by healthcare professionals licensed under §§ 17-93-101 — 17-93-312, § 17-88-101 et seq., or §§ 17-100-102 — 17-100-308;

(4) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence and that neither maintains the official patient records nor directs patient services;

(5) An individual whose permanent residence is in the patient's residence;

(6) An employee of a person holding a license under this subchapter who provides home healthcare services only as an employee of the licensed person and who receives no benefit for providing home healthcare services other than wages from the employer;

(7) A home, nursing home, convalescent home, or other institution for individuals with disabilities or individuals who are elderly that provides health services only to residents of the home or institution;

(8) A person who provides one (1) health service through a contract with a person licensed;

(9) A durable medical equipment supply company;

(10) A pharmacy or wholesale medical supply company that furnishes those services that relate to drugs and supplies to persons in their homes;

(11) A hospital or other licensed healthcare facility serving only inpatient residents;

(12) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing services for those who depend upon spiritual means through prayer alone for healing;

(13) Persons providing services to one (1) or more individuals with intellectual or other developmental disabilities, as defined in § 20-48-101, under a license or certificate from the Division of Developmental Disabilities Services; and

(14) A licensed, certified Program of All-Inclusive Care for the Elderly provider in good standing under the administration of the Arkansas Medicaid Program and providing services to enrolled Program of All-Inclusive Care for the Elderly participants as part of the participants' documented individual care plans within the Program of All-Inclusive Care for the Elderly.