17-53-106. Construction and applicability.

17-53-106. Construction and applicability. (a) This chapter shall not be construed to limit the professional pursuits of: (1) A health educator serving in the United States Armed Forces or the United States Public Health Service or employed by the United States Department of Veterans Affairs, provided that the person's practice of health education is related to the person's service or employment; (2) A licensed physician, pharmacist, nurse, social worker, psychologist, psychological examiner, licensed professional counselor, dietician, dental hygienist, physical therapist, or occupational therapist if the person's practice of health education is incidental to the practice of his or her profession, provided that those persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified; (3) Any person who has received a doctoral degree from an accredited United States college or university in or with a concentration in health education; (4) A nonresident health educator practicing health education in this state if: (A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and (B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education; (5) A teacher of health education in an elementary or secondary school who meets the certification requirements as set forth by the Division of Elementary and Secondary Education; (6) A health educator who engages in the practice of health education in a hospital licensed by the State of Arkansas; (7) Any occupational safety and health professional, such as an industrial hygienist, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified; and (8) Employees who work under the guidance of a licensed physician, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified. (b) Students may engage in the practice of health education, provided that such practice is performed under the supervision of a certified health education specialist or a certified professional health educator and is part of the academic requirements leading to a degree in or with a concentration in health education. (c) Volunteers, staff, or agents working under the direction of a charitable organization registered with the office of the Attorney General or a nonprofit corporation may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified. (d) Employees of nursing homes may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (e) Community volunteers may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (f) When invited by school officials, parents or volunteers may conduct health education-related activities in private or public school classrooms or assemblies, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (g) This chapter is not intended to apply to foundations, state agencies, any other groups, and other professional boards and associations and their continuing education efforts.