36-31-4. Certain activities not proscribed or restricted. Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of:

(1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed; or

(2) Any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency of it, if such person provides occupational therapy solely under the direction or control of the organization by which he is employed; or

(3) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by a title which clearly indicates his status as a student or trainee; or

(4) Any person fulfilling the supervised fieldwork experience requirements of subdivision 36-31-6 (4), if the experience constitutes a part of the experience necessary to meet the requirement of that section; or

(5) Any person employed as an occupational therapy aide; or

(6) Any person performing occupational therapy services in the state if these services are performed for no more than ten days in a calendar year in association with an occupational therapist licensed under this chapter, if:

(a) The person is licensed under the law of another state which has licensure requirements at least as stringent as the requirements of this chapter, or

(b) The person meets the requirements for certification as an occupational therapist, registered or a certified occupational therapy assistant, established by the American occupational therapy association; or

(7) Any person when providing therapy as related services as defined in a student's individualized educational plan, the therapy shall not be an activity which supplants or duplicates the educational instruction program provided by the teaching profession.Source: SL 1986, ch 323, § 4.