335.081. Exempted practices and practitioners.

Exempted practices and practitioners.

335.081. So long as the person involved does not represent or holdhimself or herself out as a nurse licensed to practice in this state, noprovision of sections 335.011 to 335.096 shall be construed as prohibiting:

(1) The practice of any profession for which a license is requiredand issued pursuant to the laws of this state by a person duly licensed topractice that profession;

(2) The services rendered by technicians, nurses' aides or theirequivalent trained and employed in public or private hospitals and licensedlong-term care facilities except the services rendered in licensedlong-term care facilities shall be limited to administering medication,excluding injectable other than insulin;

(3) The providing of nursing care by friends or members of the familyof the person receiving such care;

(4) The incidental care of the sick, aged, or infirm by domesticservants or persons primarily employed as housekeepers;

(5) The furnishing of nursing assistance in the case of an emergencysituation;

(6) The practice of nursing under proper supervision:

(a) As a part of the course of study by students enrolled in approvedschools of professional nursing or in schools of practical nursing;

(b) By graduates of accredited nursing programs pending the resultsof the first licensing examination or ninety days after graduation,whichever first occurs;

(c) A graduate nurse who is prevented from attending the firstlicensing examination following graduation by reason of active duty in themilitary may practice as a graduate nurse pending the results of the firstlicensing examination scheduled by the board following the release of suchgraduate nurse from active military duty or pending the results of thefirst licensing examination taken by the graduate nurse while involved inactive military service whichever comes first;

(7) The practice of nursing in this state by any legally qualifiednurse duly licensed to practice in another state whose engagement requiressuch nurse to accompany and care for a patient temporarily residing in thisstate for a period not to exceed six months;

(8) The practice of any legally qualified nurse who is employed bythe government of the United States or any bureau, division or agencythereof, while in the discharge of his or her official duties or to thepractice of any legally qualified nurse serving in the armed forces of theUnited States while stationed within this state;

(9) Nonmedical nursing care of the sick with or without compensationwhen done in connection with the practice of the religious tenets of anychurch by adherents thereof, as long as they do not engage in the practiceof nursing as defined in sections 335.011 to 335.096.

(L. 1975 S.B. 108 § 15, A.L. 1982 S.B. 842, A.L. 1991 S.B. 358, A.L. 1995 S.B. 452, A.L. 1999 H.B. 343)