KRS 319B.090: Licensed health care practitioners and other professions not to be limited

or restricted by KRS Chapter 319B.

Nothing in this chapter or in the administrative regulations promulgated by the board

pursuant to this chapter shall be interpreted to limit or restrict:

(1) A licensed health care practitioner or provider from engaging in the full scope of

practice authorized by the license for that person's profession, training, or services;

(2) A person licensed as a physical therapist under KRS Chapter 3 27 or as an

occupational therapist under KRS Chapter 319A from engaging in that person's

profession pursuant to his or her education and training;

(3) A person licensed as an athletic trainer under KRS Chapter 311 from engaging in

that person's profession pursuant to his or her education and training;

(4) A person licensed as a physician under KRS Chapter 311 from engaging in that

person's profession pursuant to his or her education and training;

(5) A person licensed as a chiropractor under KRS Chapter 312 from engaging in that

person's profession pursuant to his or her education and training;

(6) A person licensed as a pharmacist under KRS Chapter 315 from engaging in that

person's profession pursuant to his or her education and training;

(7) A person certified as a therapeutic shoe fitter by a nationally recognized board from

engaging in that person's profession pursuant to his or her education and training

and within that person's scope of practice as defined by the certifying board;

(8) Individuals actin g under the supervision and control of a licensed pharmacist or

pharmacy from measuring, fitting, or adjusting any noncustom fabricated and fitted

device including but not limited to over -the-counter devices, so long as such

individual does not create a ca st, mold, or scan of a part of the human body for the

purpose of constructing a medical device to treat a patient's medical condition, and

so long as such individual meets one (1) of the following criteria for the device:

(a) Documented training from a man ufacturer or training from a licensed or

certified orthotist, prosthetist, or pedorthist;

(b) Certification or registration as a fitter of orthotic, prosthetic, or pedorthic

devices from a nationally recognized board or association such as the Board of

Certification/Accreditation, International (BOC), the National Community

Pharmacists Association (NCPA), or the American Board for Certification in

Orthotics, Prosthetics and Pedorthics, Inc. (ABC); or

(c) Direct supervision by a trained and experienced, or c ertified, or registered,

fitter of orthotic, prosthetic, or pedorthic devices; or

(9) Individuals acting under the supervision and control of a licensed pharmacist or

pharmacy from measuring, fitting, or adjusting any noncustom fabricated and fitted

pedorthic devices including but not limited to diabetic shoes, so long as the

individual meets the criteria of either subsection (8)(a) or (8)(b) of this section, and

so long as the individual does not create a cast, mold, or scan of a part of the human

body for the purpose of constructing a medical device to treat a patient's medical

problem.