Kentucky Statutes 334A.040 – Exemptions from application of chapter
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(1) Nothing in this chapter shall be construed to prevent a qualified person licensed in this state under any other law from engaging in the profession for which the person 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, if they 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 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, if these activities and services constitute a part of the planned course of study and if 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 or her 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, if these activities and services constitute a part of the planned course of study and if such persons are designated by such title as “audiology intern,” “audiology trainee,” or other such title clearly indicating the training status appropriate to his or her 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 or her speech- language pathology or audiology services in this state if the services are performed for no more than five (5) days in any calendar year and if 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.
(7) This chapter shall not apply to a person while he or she is engaged in the practice of fitting hearing instruments and assistive listening devices if his or her practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution, or nonprofit organization, which is primarily supported by voluntary contributions.
(8) This chapter shall not be construed to prevent any person who is a medical or osteopathic physician licensed to practice in the Commonwealth of Kentucky from treating or fitting hearing instruments to the human ear, which includes the making of ear molds.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 53, sec. 6, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 46, sec. 8, effective July 14, 2022. — Amended 2008 Ky. Acts ch.
165, sec. 8, effective July 15, 2008. — 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.
(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.
Terms Used In Kentucky Statutes 334A.040
- Audiologist: means one who is licensed to practice audiology. See Kentucky Statutes 334A.020
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, organization, or corporate body, except that only individuals can be licensed under this chapter. See Kentucky Statutes 334A.020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(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, if they 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 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, if these activities and services constitute a part of the planned course of study and if 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 or her 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, if these activities and services constitute a part of the planned course of study and if such persons are designated by such title as “audiology intern,” “audiology trainee,” or other such title clearly indicating the training status appropriate to his or her 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 or her speech- language pathology or audiology services in this state if the services are performed for no more than five (5) days in any calendar year and if 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.
(7) This chapter shall not apply to a person while he or she is engaged in the practice of fitting hearing instruments and assistive listening devices if his or her practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution, or nonprofit organization, which is primarily supported by voluntary contributions.
(8) This chapter shall not be construed to prevent any person who is a medical or osteopathic physician licensed to practice in the Commonwealth of Kentucky from treating or fitting hearing instruments to the human ear, which includes the making of ear molds.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 53, sec. 6, effective June 29, 2023. — Amended
2022 Ky. Acts ch. 46, sec. 8, effective July 14, 2022. — Amended 2008 Ky. Acts ch.
165, sec. 8, effective July 15, 2008. — 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.