Scope of article - exemption.

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(1) This article 230 does not apply to persons who are:

  1. Licensed pursuant to section 22-60.5-210 and who are not licensed under this article230 for work undertaken as part of their employment by, or contractual agreement with, the public schools; or

  2. Engaged in the practice of audiology or the practice of dispensing, fitting, or dealingin hearing aids in the discharge of their official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration.

  1. This article 230 does not apply to the wholesale sales of hearing aids.

  2. Nothing in this article 230 authorizes a hearing aid provider to engage in the practiceof medicine as defined in section 12-240-107.

  3. Nothing in this article 230 prohibits a business or licensee from hiring and employingunlicensed staff to assist with conducting business practices and to assist in dispensing hearing aids if the unlicensed staff are properly supervised by a licensee; except that the unlicensed staff may not conduct hearing tests or perform the initial fitting of hearing aids.

  4. This article 230 does not apply to the dispensing of hearing aids outside of this state.

  5. An audiologist licensed pursuant to article 210 of this title 12 is not required to obtain a license pursuant to this article 230.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1148, § 1, effective October 1. L. 2020: (4) amended, (HB 20-1218), ch. 299, p. 1485, § 5, effective September 1.

Editor's note: This section is similar to former § 12-5.5-102 as it existed prior to 2019.


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