(a)

1. (1) The act exempts from its licensing requirements persons who:

   1. (A) Hold other licenses; or
   2. (B) Engage in certain limited activities.
2. (2) A person providing home health services as defined in the act, in addition to the limited activities for which an exemption would otherwise be available, shall obtain a license to provide the home healthcare services.

(b) The following persons are not required to be licensed under Arkansas Code § 20-10-802:

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

2. (2) The following healthcare professionals providing home health service as a sole practitioner:

   1. (A) A registered nurse;
   2. (B) A licensed vocational nurse;
   3. (C) A physical therapist;
   4. (D) An occupational therapist;
   5. (E) A speech therapist;
   6. (F) A medical social worker; or
   7. (G) Any other healthcare professional as determined by the Division of Health Facilities Services;

3. (3) A nonprofit registry operated by a national or state professional association or society of licensed healthcare practitioners, or a subdivision thereof, that:

   1. (A) Operates solely as a clearinghouse to put consumers in contact with licensed healthcare practitioners who will give care in a patient's residence; and
   2. (B) Neither maintains the official patient records nor directs patient services;
4. (4) An individual whose permanent residence is in the patient's residence;

5. (5) An employee of a person holding a license under this act who:

   1. (A) Provides home health services only as an employee of the licensed person; and
   2. (B) Receives no benefit for providing home health services other than wages from the employer;
6. (6) A home, nursing home, convalescent home, or other institution for the disabled or aged that provides health services only to residents of the home or institution;
7. (7) A person who provides one (1) health service through a contract with a person licensed;
8. (8) A durable medical equipment supply company;
9. (9) A pharmacy or wholesale medical supply company that furnishes those services, to persons in their homes, that relate to drugs and supplies;
10. (10) A hospital or other licensed healthcare facility serving only inpatient residents;
11. (11) A visiting nurse service or home aide service constructed by and for the adherents of a religious denomination for the purpose of providing service for those who depend upon spiritual means through prayer alone for healing; and
12. (12) Persons providing services to one (1) or more developmentally disabled persons, as defined in Arkansas Code § 20-48-101, under a license or certificate from the Division of Developmental Disabilities Services of the Department of Human Services.