Ark. Code Ann. § 17-86-303 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-303
Massage therapist
Status: in_force

(a) For an applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program on or after January 1, 2024, in order to be issued a massage therapy learning permit, the applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program shall: (1) Furnish to the Department of Health satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll or has enrolled to send a copy of the enrollment contract, or equivalent confirmation of enrollment to the department; and (6) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (b) For an applicant who was issued a massage therapy learning permit on or after January 1, 2024, an applicant holding a massage therapy learning permit under subsection (a) of this section, upon graduating from a massage therapy school or completing a massage therapy apprenticeship program, shall: (1) Request that the massage therapy school or massage therapy apprenticeship program submit directly to the department either: (A) A transcript and credentials issued by a massage therapy school; or (B) A certificate of completion issued by a massage therapy apprenticeship program; (2) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; (3) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, since the date the massage therapy learning permit was issued, and submit a signed authorization to investigate and have information released to the department; (4) Submit a completed application provided by the department for issuance of licensure; and (5) Pay the specified fees as provided in subsection (d) of this section. (c) In order to be licensed as a massage therapist, the person seeking licensure under § 17-86-308 or subsection (g) of this section or through similar reciprocity provisions as provided by the rules established by the department shall: (1) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) (A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in-classroom instruction. (B) An applicant shall not submit his or her transcript directly to the department. (C) An applicant shall request that the massage therapy school submit the transcript directly to the department. (D) (i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department; (6) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; and (7) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department. (d) Fees are as follows: (1) Massage therapy learning permit application fee ............... $75.00 Nonrefundable under subsection (a) of this section (2) Reciprocity license application fee ............... 75.00 Nonrefundable under subsection (c) of this section (3) Original license fee ............... 80.00 under subsection (b) of this section or by reciprocity under subsection (c) of this section (4) Biennial renewal ............... 80.00 (5) Examination fee or reexamination fee ............... 25.00 (6) Duplicate license fee ............... 10.00 (7) Pocket card fee not to exceed ten dollars ($10.00). (e) A person shall not practice massage therapy unless he or she holds a valid massage therapy learning permit by the department or until his or her official license has been received from the department. (f) A person who attempts to procure or does procure a license in violation of this section shall be subject to the penalties provided for in § 17-86-103 . (g) A person who was enrolled in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program as of January 1, 2024, or has completed or graduated from a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program before January 1, 2024, may seek licensure as provided in subsection (c) of this section. Amended by Act 2023, No. 45,§ 5, eff. 8/1/2023. Amended by Act 2021, No. 136,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 990,§ 71, eff. 7/24/2019. Amended by Act 2019, No. 312,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2243, eff. 7/1/2019. Amended by Act 2017, No. 252,§ 13, eff. 8/1/2017. Amended by Act 2015, No. 1020,§ 14, eff. 10/1/2015. Amended by Act 2015, No. 1115,§ 26, eff. 7/22/2015. Amended by Act 2013, No. 1445,§ 10, eff. 8/16/2013. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 6; 1993, No. 1219, § 26; 1997, No. 840, § 9; 1999, No. 1461, § 11; 2009, No. 1305, § 5.

(a) For an applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program on or after January 1, 2024, in order to be issued a massage therapy learning permit, the applicant seeking enrollment in a massage therapy school or massage therapy apprenticeship program shall: (1) Furnish to the Department of Health satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll or has enrolled to send a copy of the enrollment contract, or equivalent confirmation of enrollment to the department; and (6) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department.

(1) Furnish to the Department of Health satisfactory proof that the applicant is eighteen (18) years of age or older;

(2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department;

(3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ;

(4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card;

(A) A valid photo identification card or driver's license, or both; and

(B) A Social Security card;

(5) Request the massage therapy school or massage therapy apprenticeship program in which the applicant is seeking to enroll or has enrolled to send a copy of the enrollment contract, or equivalent confirmation of enrollment to the department; and

(6) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department.

(b) For an applicant who was issued a massage therapy learning permit on or after January 1, 2024, an applicant holding a massage therapy learning permit under subsection (a) of this section, upon graduating from a massage therapy school or completing a massage therapy apprenticeship program, shall: (1) Request that the massage therapy school or massage therapy apprenticeship program submit directly to the department either: (A) A transcript and credentials issued by a massage therapy school; or (B) A certificate of completion issued by a massage therapy apprenticeship program; (2) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; (3) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, since the date the massage therapy learning permit was issued, and submit a signed authorization to investigate and have information released to the department; (4) Submit a completed application provided by the department for issuance of licensure; and (5) Pay the specified fees as provided in subsection (d) of this section.

(1) Request that the massage therapy school or massage therapy apprenticeship program submit directly to the department either: (A) A transcript and credentials issued by a massage therapy school; or (B) A certificate of completion issued by a massage therapy apprenticeship program;

(A) A transcript and credentials issued by a massage therapy school; or

(B) A certificate of completion issued by a massage therapy apprenticeship program;

(2) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department;

(3) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, since the date the massage therapy learning permit was issued, and submit a signed authorization to investigate and have information released to the department;

(4) Submit a completed application provided by the department for issuance of licensure; and

(5) Pay the specified fees as provided in subsection (d) of this section.

(c) In order to be licensed as a massage therapist, the person seeking licensure under § 17-86-308 or subsection (g) of this section or through similar reciprocity provisions as provided by the rules established by the department shall: (1) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older; (2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department; (3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ; (4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card; (5) (A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in-classroom instruction. (B) An applicant shall not submit his or her transcript directly to the department. (C) An applicant shall request that the massage therapy school submit the transcript directly to the department. (D) (i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department; (6) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; and (7) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department.

(1) Furnish to the department satisfactory proof that the applicant is eighteen (18) years of age or older;

(2) Make oath that the applicant has not been convicted of, found guilty of, or entered a plea of guilty or nolo contendere to any offense that would constitute a felony listed under § 17-3-102 or constitute the offense of prostitution, either in this state or another state, and submit a signed authorization to investigate and have information released to the department;

(3) Provide a state and federal criminal background check to the department as provided in § 17-86-104 ;

(4) Present the following issued in the same name as the applicant or licensee: (A) A valid photo identification card or driver's license, or both; and (B) A Social Security card;

(A) A valid photo identification card or driver's license, or both; and

(B) A Social Security card;

(5) (A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in-classroom instruction. (B) An applicant shall not submit his or her transcript directly to the department. (C) An applicant shall request that the massage therapy school submit the transcript directly to the department. (D) (i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department;

(A) Present a high school diploma, high school equivalency diploma approved by the Adult Education Section, or college transcript and credentials issued by a massage therapy school accepted by the department or an equivalent institution with no less than five hundred (500) hours of in-classroom instruction.

(B) An applicant shall not submit his or her transcript directly to the department.

(C) An applicant shall request that the massage therapy school submit the transcript directly to the department.

(D) (i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained. (ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department;

(i) If the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why the transcript can not be obtained.

(ii) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department;

(6) Furnish to the department satisfactory proof of passing an examination recognized and approved by the department; and

(7) Pay the specified fees as provided in subsection (d) of this section, which shall accompany a completed notarized application to the department.

(d) Fees are as follows: (1) Massage therapy learning permit application fee ............... $75.00 Nonrefundable under subsection (a) of this section (2) Reciprocity license application fee ............... 75.00 Nonrefundable under subsection (c) of this section (3) Original license fee ............... 80.00 under subsection (b) of this section or by reciprocity under subsection (c) of this section (4) Biennial renewal ............... 80.00 (5) Examination fee or reexamination fee ............... 25.00 (6) Duplicate license fee ............... 10.00 (7) Pocket card fee not to exceed ten dollars ($10.00).

(1) Massage therapy learning permit application fee ............... $75.00 Nonrefundable under subsection (a) of this section

(2) Reciprocity license application fee ............... 75.00 Nonrefundable under subsection (c) of this section

(3) Original license fee ............... 80.00 under subsection (b) of this section or by reciprocity under subsection (c) of this section

(4) Biennial renewal ............... 80.00

(5) Examination fee or reexamination fee ............... 25.00

(6) Duplicate license fee ............... 10.00

(7) Pocket card fee not to exceed ten dollars ($10.00).

(e) A person shall not practice massage therapy unless he or she holds a valid massage therapy learning permit by the department or until his or her official license has been received from the department.

(f) A person who attempts to procure or does procure a license in violation of this section shall be subject to the penalties provided for in § 17-86-103 .

(g) A person who was enrolled in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program as of January 1, 2024, or has completed or graduated from a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program before January 1, 2024, may seek licensure as provided in subsection (c) of this section.

Amended by Act 2023, No. 45,§ 5, eff. 8/1/2023.

Amended by Act 2021, No. 136,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 990,§ 71, eff. 7/24/2019.

Amended by Act 2019, No. 312,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2243, eff. 7/1/2019.

Amended by Act 2017, No. 252,§ 13, eff. 8/1/2017.

Amended by Act 2015, No. 1020,§ 14, eff. 10/1/2015.

Amended by Act 2015, No. 1115,§ 26, eff. 7/22/2015.

Amended by Act 2013, No. 1445,§ 10, eff. 8/16/2013.

Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 6; 1993, No. 1219, § 26; 1997, No. 840, § 9; 1999, No. 1461, § 11; 2009, No. 1305, § 5.
Ark. Code Ann. § 17-53-205 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-205
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 9.

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017.

Acts 1997, No. 1237, § 9.
Ark. Code Ann. § 17-95-1101 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Genetic Counselor Licensure Act". Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Arkansas Genetic Counselor Licensure Act".

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-25-409 — AR Code / Title 17 / Chapter 25 / Subchapter 4 / Section 17-25-409
Proceedings upon violation
Status: in_force

(a) Regarding any violation of this subchapter, the Contractors Licensing Board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (b) No proceedings under this section may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (c) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the circuit court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal. (d) All hearings and appeals therefrom under this section shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1989, No. 487, § 7; 1991, No. 783, § 9.

(a) Regarding any violation of this subchapter, the Contractors Licensing Board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.

(b) No proceedings under this section may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred.

(c) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any cease and desist order not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order. If the circuit court finds the order to have been properly issued, it may enforce it by any means by which injunctions are ordinarily enforced. However, nothing shall be construed herein to diminish the contractor's right to appeal.

(d) All hearings and appeals therefrom under this section shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1989, No. 487, § 7; 1991, No. 783, § 9.
Ark. Code Ann. § 17-14-308 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-308
Violation of law - Civil penalties, injunctions, and venue
Status: in_force

(a) (1) It is unlawful for a person not registered, licensed, or certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to perform an act or advertise to perform an act for which registration, licensure, or certification is required. (2) A person is guilty of a Class A misdemeanor if the person: (A) Acts as an appraiser within the meaning of this chapter without an appraiser classification; (B) (i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work. (ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from: (a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or (b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter. (iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or (C) Violates any other provision of this chapter. (b) (1) Upon application by the board, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which a registration, certificate, or license is required by the Arkansas Appraiser Licensing and Certification Act, § 17-14- 101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the acts or practices were performed or offered to be performed without a registration, license, or certificate; (B) Engaging in any practice or business authorized by a certificate, license, or registration issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the holder of the certificate, license, or registration presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder or licensee; or (C) Violating subdivision (a)(2) of this section. (2) Any person cosigning an appraisal with a state-registered, state-licensed, registered apprentice, or state-certified appraiser becomes subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (c) An action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County. (d) An action brought under this section shall be in addition to and not in lieu of any penalty provided by § 17-14-206 and may be brought concurrently with any other action to enforce the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. Amended by Act 2023, No. 628,§ 34, eff. 7/1/2023. Amended by Act 2019, No. 514,§ 13, eff. 7/24/2019. Acts 2001, No. 1256, § 16; 2009, No. 413, § 1; 2009, No. 628, § 19.

(a) (1) It is unlawful for a person not registered, licensed, or certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to perform an act or advertise to perform an act for which registration, licensure, or certification is required. (2) A person is guilty of a Class A misdemeanor if the person: (A) Acts as an appraiser within the meaning of this chapter without an appraiser classification; (B) (i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work. (ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from: (a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or (b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter. (iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or (C) Violates any other provision of this chapter.

(1) It is unlawful for a person not registered, licensed, or certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to perform an act or advertise to perform an act for which registration, licensure, or certification is required.

(2) A person is guilty of a Class A misdemeanor if the person: (A) Acts as an appraiser within the meaning of this chapter without an appraiser classification; (B) (i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work. (ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from: (a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or (b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter. (iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or (C) Violates any other provision of this chapter.

(A) Acts as an appraiser within the meaning of this chapter without an appraiser classification;

(B) (i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work. (ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from: (a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or (b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter. (iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or

(i) With an interest in a real estate transaction involving an appraisal, improperly influences or attempts to improperly influence the development, reporting, result, or review of a real estate appraisal through intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for services, or threat of exclusion from future appraisal work.

(ii) Subdivision (a)(2)(B)(i) of this section does not prohibit a person from: (a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or (b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter.

(a) Requesting an appraiser to: (1) Consider additional information concerning the real estate appraisal; (2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or (3) Correct errors in the appraisal report; or

(1) Consider additional information concerning the real estate appraisal;

(2) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or

(3) Correct errors in the appraisal report; or

(b) Withholding payment for an appraisal based upon a bona fide dispute concerning the appraiser's compliance with the appraisal standards adopted by the State Board of Appraisers, Abstracters, and Home Inspectors under this chapter.

(iii) A violation of this subdivision (a)(2)(B) is a ground for discipline against a person holding a license, certificate, or registration under this chapter; or

(C) Violates any other provision of this chapter.

(b) (1) Upon application by the board, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which a registration, certificate, or license is required by the Arkansas Appraiser Licensing and Certification Act, § 17-14- 101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the acts or practices were performed or offered to be performed without a registration, license, or certificate; (B) Engaging in any practice or business authorized by a certificate, license, or registration issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the holder of the certificate, license, or registration presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder or licensee; or (C) Violating subdivision (a)(2) of this section. (2) Any person cosigning an appraisal with a state-registered, state-licensed, registered apprentice, or state-certified appraiser becomes subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(1) Upon application by the board, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which a registration, certificate, or license is required by the Arkansas Appraiser Licensing and Certification Act, § 17-14- 101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the acts or practices were performed or offered to be performed without a registration, license, or certificate; (B) Engaging in any practice or business authorized by a certificate, license, or registration issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the holder of the certificate, license, or registration presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder or licensee; or (C) Violating subdivision (a)(2) of this section.

(A) Offering to engage or engaging in the performance of any acts or practices for which a registration, certificate, or license is required by the Arkansas Appraiser Licensing and Certification Act, § 17-14- 101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the acts or practices were performed or offered to be performed without a registration, license, or certificate;

(B) Engaging in any practice or business authorized by a certificate, license, or registration issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., upon a showing that the holder of the certificate, license, or registration presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder or licensee; or

(C) Violating subdivision (a)(2) of this section.

(2) Any person cosigning an appraisal with a state-registered, state-licensed, registered apprentice, or state-certified appraiser becomes subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(c) An action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County.

(d) An action brought under this section shall be in addition to and not in lieu of any penalty provided by § 17-14-206 and may be brought concurrently with any other action to enforce the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

Amended by Act 2023, No. 628,§ 34, eff. 7/1/2023.

Amended by Act 2019, No. 514,§ 13, eff. 7/24/2019.

Acts 2001, No. 1256, § 16; 2009, No. 413, § 1; 2009, No. 628, § 19.
Ark. Code Ann. § 17-40-338 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-338
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 82, eff. 9/1/2015. Acts 1977, No. 429, § 19; A.S.A. 1947, § 71-2140.

Repealed by Act 2015, No. 393,§ 82, eff. 9/1/2015.

Acts 1977, No. 429, § 19; A.S.A. 1947, § 71-2140.
Ark. Code Ann. § 17-92-106 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-106
Injunctions
Status: in_force

The Arkansas State Board of Pharmacy, in its discretion and in addition to various remedies now provided by law, may apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain repetitious violations of the pharmacy laws of this state. Acts 1955, No. 57, § 15; A.S.A. 1947, § 72-1039.

The Arkansas State Board of Pharmacy, in its discretion and in addition to various remedies now provided by law, may apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain repetitious violations of the pharmacy laws of this state.

Acts 1955, No. 57, § 15; A.S.A. 1947, § 72-1039.
Ark. Code Ann. § 17-48-205 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-205
Administrative violations and penalties
Status: in_force

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional surveyor who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of surveying; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing surveying while the professional surveyor's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional surveyor's seal, or permitting the professional surveyor's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional surveyor or under the professional surveyor's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of surveying; or (3) Subject to disciplinary action by another state, territory, the District of Columbia, a foreign country, the United States Government, or other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section. (b) The board may take the following action against a professional surveyor: (1) Suspend or revoke a certificate of licensure; (2) Refuse to issue, restore, or renew a certificate of licensure; (3) Place on probation, impose a fine, or reprimand; or (4) A combination of the above. (c) A person that violates this chapter or a rule of the board shall pay a civil penalty to the board of not more than five thousand dollars ($5,000) for each offense. (d) (1) The board shall adopt rules of professional conduct under § 17-48-104 that are to be provided to an applicant for licensure. (2) The board may amend these rules of professional conduct from time to time and shall notify each licensee in writing of the amendments. (e) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for a time not exceeding two (2) years of a firm when one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of their certificates of licensure under this section; (3) Place a firm on probation for a period and subject to the conditions as the board may specify; or (4) Levy a fine in an amount not more than five thousand dollars ($5,000) for each offense. (f) The board may levy a fine in an amount not more than five thousand dollars ($5,000) for each offense against nonlicensees that violate this chapter. Amended by Act 2019, No. 990,§ 55, eff. 7/24/2019. Acts 1967, No. 101, § 9; 1977, No. 807, § 5; A.S.A. 1947, § 71-2308; Acts 2005, No. 1178, § 14; 2009, No. 444, § 7; 2011, No. 898, § 4.

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional surveyor who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of surveying; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing surveying while the professional surveyor's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional surveyor's seal, or permitting the professional surveyor's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional surveyor or under the professional surveyor's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of surveying; or (3) Subject to disciplinary action by another state, territory, the District of Columbia, a foreign country, the United States Government, or other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section.

(1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of surveying; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing surveying while the professional surveyor's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional surveyor's seal, or permitting the professional surveyor's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional surveyor or under the professional surveyor's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol;

(A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization;

(B) Negligence, incompetency, or misconduct in the practice of surveying;

(C) Failure to comply with this chapter, the rules of the board, or an order of the board;

(D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;

(E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;

(F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;

(G) Aiding or assisting another person in violating this chapter or the rules of the board;

(H) Violating a term of probation imposed by the board;

(I) Using a seal or practicing surveying while the professional surveyor's license is suspended, revoked, nonrenewed, or inactive;

(J) Signing, affixing the professional surveyor's seal, or permitting the professional surveyor's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional surveyor or under the professional surveyor's direct supervision or control;

(K) Engaging in dishonorable, unethical, or unprofessional conduct of character likely to deceive, defraud, or harm the public;

(L) Providing false testimony or information to the board; or

(M) Habitual intoxication or addiction to the use of drugs or alcohol;

(2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of surveying; or

(A) A felony listed under § 17-3-102 ;

(B) A crime of which an essential element is dishonesty; or

(C) A crime that is directly related to the practice of surveying; or

(3) Subject to disciplinary action by another state, territory, the District of Columbia, a foreign country, the United States Government, or other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section.

(b) The board may take the following action against a professional surveyor: (1) Suspend or revoke a certificate of licensure; (2) Refuse to issue, restore, or renew a certificate of licensure; (3) Place on probation, impose a fine, or reprimand; or (4) A combination of the above.

(1) Suspend or revoke a certificate of licensure;

(2) Refuse to issue, restore, or renew a certificate of licensure;

(3) Place on probation, impose a fine, or reprimand; or

(4) A combination of the above.

(c) A person that violates this chapter or a rule of the board shall pay a civil penalty to the board of not more than five thousand dollars ($5,000) for each offense.

(d) (1) The board shall adopt rules of professional conduct under § 17-48-104 that are to be provided to an applicant for licensure. (2) The board may amend these rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.

(1) The board shall adopt rules of professional conduct under § 17-48-104 that are to be provided to an applicant for licensure.

(2) The board may amend these rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.

(e) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for a time not exceeding two (2) years of a firm when one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of their certificates of licensure under this section; (3) Place a firm on probation for a period and subject to the conditions as the board may specify; or (4) Levy a fine in an amount not more than five thousand dollars ($5,000) for each offense.

(1) Revoke a certificate of authorization;

(2) Suspend a certificate of authorization for a time not exceeding two (2) years of a firm when one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of their certificates of licensure under this section;

(3) Place a firm on probation for a period and subject to the conditions as the board may specify; or

(4) Levy a fine in an amount not more than five thousand dollars ($5,000) for each offense.

(f) The board may levy a fine in an amount not more than five thousand dollars ($5,000) for each offense against nonlicensees that violate this chapter.

Amended by Act 2019, No. 990,§ 55, eff. 7/24/2019.

Acts 1967, No. 101, § 9; 1977, No. 807, § 5; A.S.A. 1947, § 71-2308; Acts 2005, No. 1178, § 14; 2009, No. 444, § 7; 2011, No. 898, § 4.
Ark. Code Ann. § 17-25-101 — AR Code / Title 17 / Chapter 25 / Subchapter 1 / Section 17-25-101
Definition
Status: in_force

(a) (1) As used in this chapter, "contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more. (2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter. (b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter. (c) It is the intention of this definition to include all improvements, demolition, or structures, excepting only single-family residences. (d) (1) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. (2) Materials purchased by a person or an entity acting as a contractor in the construction, erection, alteration, or repair of his or her own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, concrete labor, or installation of playground equipment. (e) "Owner" means a person who owns property or is a lessee of property. (f) "Person" means any natural person, limited or general partnership, corporation, association, limited liability company, trust or other legal entity, and any organization capable of conducting business, or any combination thereof. (g) "Prime contractor" means a contractor who contracts directly with the owner of property. (h) "Subcontractor" means a person who contracts directly with a prime contractor or another subcontractor. Amended by Act 2019, No. 805,§ 1A, eff. 7/1/2020. Amended by Act 2019, No. 386,§ 12, eff. 7/24/2019. Amended by Act 2015, No. 1048,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 858,§ 1, eff. 7/22/2015. Acts 1965, No. 150, § 1; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; 1985, No. 180, § 1; A.S.A. 1947, § 71-701; Acts 1987, No. 495, § 1; 1989, No. 26, § 1; 1995, No. 553, § 1; 1999, No. 1358, § 1; 2007, No. 275, § 1.

(a) (1) As used in this chapter, "contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more. (2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter.

(1) As used in this chapter, "contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more.

(2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter.

(b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter.

(c) It is the intention of this definition to include all improvements, demolition, or structures, excepting only single-family residences.

(d) (1) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor. (2) Materials purchased by a person or an entity acting as a contractor in the construction, erection, alteration, or repair of his or her own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, concrete labor, or installation of playground equipment.

(1) Materials purchased by a prime contractor from a third party shall not be considered as part of the subcontractor's project if the prime contractor has the proper classification listed on a current contractor's license for the work being performed by the subcontractor.

(2) Materials purchased by a person or an entity acting as a contractor in the construction, erection, alteration, or repair of his or her own or its own property from a third party shall not be considered as a part of the subcontractor's project, provided that the subcontract is for wood framing, shingle roofing, painting, floor covering, concrete labor, or installation of playground equipment.

(e) "Owner" means a person who owns property or is a lessee of property.

(f) "Person" means any natural person, limited or general partnership, corporation, association, limited liability company, trust or other legal entity, and any organization capable of conducting business, or any combination thereof.

(g) "Prime contractor" means a contractor who contracts directly with the owner of property.

(h) "Subcontractor" means a person who contracts directly with a prime contractor or another subcontractor.

Amended by Act 2019, No. 805,§ 1A, eff. 7/1/2020.

Amended by Act 2019, No. 386,§ 12, eff. 7/24/2019.

Amended by Act 2015, No. 1048,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 858,§ 1, eff. 7/22/2015.

Acts 1965, No. 150, § 1; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; 1985, No. 180, § 1; A.S.A. 1947, § 71-701; Acts 1987, No. 495, § 1; 1989, No. 26, § 1; 1995, No. 553, § 1; 1999, No. 1358, § 1; 2007, No. 275, § 1.
Ark. Code Ann. § 17-99-301 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-301
License required - Exceptions
Status: in_force

(a) It shall be unlawful for any person to practice respiratory care or to profess to be a respiratory care practitioner or to use any initials, letters, words, abbreviations, or insignia which indicate that he or she is a respiratory care practitioner, or to practice or to assume the duties incident to respiratory care, without first obtaining from the Arkansas State Medical Board a license authorizing the person to practice respiratory care in this state. (b) (1) Nothing in this chapter shall be deemed to prohibit any person licensed under any act in this state from engaging in the practice for which he or she is licensed. (2) (A) A licensed physician or a licensed advanced practice nurse shall be exempt from the requirement of obtaining a license to practice respiratory care. (B) A licensed registered nurse or a licensed practical nurse qualified in and engaged in respiratory care under the supervision of a licensed physician or a licensed advanced practice nurse within the terms of their collaborative agreement shall be exempt from the requirement of obtaining a license to practice respiratory care. (C) A licensed allied health practitioner who passes an examination that included content in one (1) or more of the functions included in the definition of respiratory care in § 17-99-102 shall not be prohibited from performing such procedures for which he or she was tested. (3) Nothing in this chapter shall be construed to prohibit or to require a license hereunder with respect to: (A) The rendering of services in case of an emergency or acute care situation; (B) The administration of oxygen or other resuscitation procedures to participants in or spectators at athletic events; (C) Any person pursuing a course of study leading to a degree or certificate in respiratory care at an accredited or approved educational program approved by the Arkansas State Respiratory Care Examining Committee, if the activities and services constitute a part of the supervised course of study and the person is designated by a title which clearly indicates the student or trainee status; (D) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner; (E) The respiratory care practitioner who demonstrates advances in the art and techniques of respiratory care learned through formalized or specialized training; (F) Any person working in the military service or federal healthcare facilities when functioning in the course of his or her assigned duties; (G) (i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform. (ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations; (H) Medically trained personnel employed in a designated critical access hospital licensed as such by the Department of Health; and (I) The practice of respiratory care, when done in connection with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means of healing. Acts 1969, No. 168, § 15; A.S.A. 1947, § 72-1615; Acts 1987, No. 952, § 13; 1995, No. 1094, § 4; 2001, No. 1049, § 3.

(a) It shall be unlawful for any person to practice respiratory care or to profess to be a respiratory care practitioner or to use any initials, letters, words, abbreviations, or insignia which indicate that he or she is a respiratory care practitioner, or to practice or to assume the duties incident to respiratory care, without first obtaining from the Arkansas State Medical Board a license authorizing the person to practice respiratory care in this state.

(b) (1) Nothing in this chapter shall be deemed to prohibit any person licensed under any act in this state from engaging in the practice for which he or she is licensed. (2) (A) A licensed physician or a licensed advanced practice nurse shall be exempt from the requirement of obtaining a license to practice respiratory care. (B) A licensed registered nurse or a licensed practical nurse qualified in and engaged in respiratory care under the supervision of a licensed physician or a licensed advanced practice nurse within the terms of their collaborative agreement shall be exempt from the requirement of obtaining a license to practice respiratory care. (C) A licensed allied health practitioner who passes an examination that included content in one (1) or more of the functions included in the definition of respiratory care in § 17-99-102 shall not be prohibited from performing such procedures for which he or she was tested. (3) Nothing in this chapter shall be construed to prohibit or to require a license hereunder with respect to: (A) The rendering of services in case of an emergency or acute care situation; (B) The administration of oxygen or other resuscitation procedures to participants in or spectators at athletic events; (C) Any person pursuing a course of study leading to a degree or certificate in respiratory care at an accredited or approved educational program approved by the Arkansas State Respiratory Care Examining Committee, if the activities and services constitute a part of the supervised course of study and the person is designated by a title which clearly indicates the student or trainee status; (D) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner; (E) The respiratory care practitioner who demonstrates advances in the art and techniques of respiratory care learned through formalized or specialized training; (F) Any person working in the military service or federal healthcare facilities when functioning in the course of his or her assigned duties; (G) (i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform. (ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations; (H) Medically trained personnel employed in a designated critical access hospital licensed as such by the Department of Health; and (I) The practice of respiratory care, when done in connection with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means of healing.

(1) Nothing in this chapter shall be deemed to prohibit any person licensed under any act in this state from engaging in the practice for which he or she is licensed.

(2) (A) A licensed physician or a licensed advanced practice nurse shall be exempt from the requirement of obtaining a license to practice respiratory care. (B) A licensed registered nurse or a licensed practical nurse qualified in and engaged in respiratory care under the supervision of a licensed physician or a licensed advanced practice nurse within the terms of their collaborative agreement shall be exempt from the requirement of obtaining a license to practice respiratory care. (C) A licensed allied health practitioner who passes an examination that included content in one (1) or more of the functions included in the definition of respiratory care in § 17-99-102 shall not be prohibited from performing such procedures for which he or she was tested.

(A) A licensed physician or a licensed advanced practice nurse shall be exempt from the requirement of obtaining a license to practice respiratory care.

(B) A licensed registered nurse or a licensed practical nurse qualified in and engaged in respiratory care under the supervision of a licensed physician or a licensed advanced practice nurse within the terms of their collaborative agreement shall be exempt from the requirement of obtaining a license to practice respiratory care.

(C) A licensed allied health practitioner who passes an examination that included content in one (1) or more of the functions included in the definition of respiratory care in § 17-99-102 shall not be prohibited from performing such procedures for which he or she was tested.

(3) Nothing in this chapter shall be construed to prohibit or to require a license hereunder with respect to: (A) The rendering of services in case of an emergency or acute care situation; (B) The administration of oxygen or other resuscitation procedures to participants in or spectators at athletic events; (C) Any person pursuing a course of study leading to a degree or certificate in respiratory care at an accredited or approved educational program approved by the Arkansas State Respiratory Care Examining Committee, if the activities and services constitute a part of the supervised course of study and the person is designated by a title which clearly indicates the student or trainee status; (D) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner; (E) The respiratory care practitioner who demonstrates advances in the art and techniques of respiratory care learned through formalized or specialized training; (F) Any person working in the military service or federal healthcare facilities when functioning in the course of his or her assigned duties; (G) (i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform. (ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations; (H) Medically trained personnel employed in a designated critical access hospital licensed as such by the Department of Health; and (I) The practice of respiratory care, when done in connection with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means of healing.

(A) The rendering of services in case of an emergency or acute care situation;

(B) The administration of oxygen or other resuscitation procedures to participants in or spectators at athletic events;

(C) Any person pursuing a course of study leading to a degree or certificate in respiratory care at an accredited or approved educational program approved by the Arkansas State Respiratory Care Examining Committee, if the activities and services constitute a part of the supervised course of study and the person is designated by a title which clearly indicates the student or trainee status;

(D) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner;

(E) The respiratory care practitioner who demonstrates advances in the art and techniques of respiratory care learned through formalized or specialized training;

(F) Any person working in the military service or federal healthcare facilities when functioning in the course of his or her assigned duties;

(G) (i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform. (ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations;

(i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform.

(ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations;

(H) Medically trained personnel employed in a designated critical access hospital licensed as such by the Department of Health; and

(I) The practice of respiratory care, when done in connection with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means of healing.

Acts 1969, No. 168, § 15; A.S.A. 1947, § 72-1615; Acts 1987, No. 952, § 13; 1995, No. 1094, § 4; 2001, No. 1049, § 3.
Ark. Code Ann. § 17-42-315 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-315
Criminal background check
Status: in_force

(a) (1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) (A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section. (B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks. (b) The check shall conform to applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the commission and shall be responsible for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the commission all releasable information obtained concerning the applicant. (e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed. (f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness. (g) (1) The provisions of subsection (f) of this section may be waived by the commission upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public. (h) (1) Any information received by the commission from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (i) Any information made available to the affected applicant for licensure or the person whose license is subject to sanctions shall be information pertaining to that person only. (j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check. (k) The commission may adopt rules to fully implement the provisions of this section. Amended by Act 2019, No. 315,§ 1464, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 45, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 8, eff. 8/1/2017. Acts 2005, No. 657, § 4; 2007, No. 53, § 2; 2007, No. 263, § 8.

(a) (1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) (A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section. (B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks.

(1) The Arkansas Real Estate Commission may require each original applicant for a license issued by the commission to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

(2) (A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section. (B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks.

(A) An applicant may sit for the licensing examination required by § 17-42-302(a)(4) while awaiting the results of a background check prescribed by this section.

(B) A license shall not be issued to an applicant until the commission receives and approves the state and federal criminal background checks.

(b) The check shall conform to applicable federal standards and shall include the taking of fingerprints.

(c) The applicant shall sign a release of information to the commission and shall be responsible for the payment of any fee associated with the criminal background check.

(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the commission all releasable information obtained concerning the applicant.

(e) At the conclusion of any background check required by this section, the Identification Bureau of the Division of Arkansas State Police shall be allowed to retain the fingerprint card of the applicant until notified by the commission that the person is no longer licensed.

(f) Except as provided in subsection (g) of this section, a person shall not receive or hold a license issued by the commission if the person has been convicted of or pleaded guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness.

(g) (1) The provisions of subsection (f) of this section may be waived by the commission upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions. (2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(1) The provisions of subsection (f) of this section may be waived by the commission upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions.

(A) An affected applicant for licensure; or

(B) The person holding a license subject to sanctions.

(2) Circumstances for which a waiver may be granted shall include, but not be limited to, the following: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(A) The age at which the crime was committed;

(B) The circumstances surrounding the crime;

(C) The length of time since the crime;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(h) (1) Any information received by the commission from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(1) Any information received by the commission from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation pursuant to this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative, or by the person whose license is subject to sanctions or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(i) Any information made available to the affected applicant for licensure or the person whose license is subject to sanctions shall be information pertaining to that person only.

(j) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.

(k) The commission may adopt rules to fully implement the provisions of this section.

Amended by Act 2019, No. 315,§ 1464, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 45, eff. 7/24/2019.

Amended by Act 2017, No. 252,§ 8, eff. 8/1/2017.

Acts 2005, No. 657, § 4; 2007, No. 53, § 2; 2007, No. 263, § 8.
Ark. Code Ann. § 17-5-101 — AR Code / Title 17 / Chapter 5 / Section 17-5-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Workforce Expansion Act of 2021". Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.

This chapter shall be known and may be cited as the "Workforce Expansion Act of 2021".

Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 17-89-401 — AR Code / Title 17 / Chapter 89 / Subchapter 4 / Section 17-89-401
Employment of apprentice dispensing opticians
Status: in_force

(a) (1) Licensed or registered opticians under this chapter may utilize apprentice dispensing opticians to engage in ophthalmic dispensing as defined in this chapter under their direct personal physical supervision and at the same location where the licensed or registered person dispenses. (2) However, no licensed or registered dispensing optician shall supervise more than three (3) apprentices at a given time. (b) Apprentices may be employed upon submission of an application for registration as an apprentice dispensing optician to the Arkansas Board of Dispensing Opticians and approval by the board and payment of a fee to the board in an amount to be determined by the board. Acts 1981, No. 589, § 14; A.S.A. 1947, § 72-2114; Acts 1995, No. 999, § 1.

(a) (1) Licensed or registered opticians under this chapter may utilize apprentice dispensing opticians to engage in ophthalmic dispensing as defined in this chapter under their direct personal physical supervision and at the same location where the licensed or registered person dispenses. (2) However, no licensed or registered dispensing optician shall supervise more than three (3) apprentices at a given time.

(1) Licensed or registered opticians under this chapter may utilize apprentice dispensing opticians to engage in ophthalmic dispensing as defined in this chapter under their direct personal physical supervision and at the same location where the licensed or registered person dispenses.

(2) However, no licensed or registered dispensing optician shall supervise more than three (3) apprentices at a given time.

(b) Apprentices may be employed upon submission of an application for registration as an apprentice dispensing optician to the Arkansas Board of Dispensing Opticians and approval by the board and payment of a fee to the board in an amount to be determined by the board.

Acts 1981, No. 589, § 14; A.S.A. 1947, § 72-2114; Acts 1995, No. 999, § 1.
Ark. Code Ann. § 17-42-319 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-319
Waiver of agency duties
Status: in_force

(a) A licensee shall perform the duties required under § 17-42-317 or § 17-42-318 unless the client agrees to waive these duties and signs a waiver of duties statement that contains: (1) A list of the fiduciary duties required of all licensees under § 17-42-316 ; (2) A list of the duties contained in § 17-42-317 or § 17-42-318 set forth in a manner that allows for the parties to indicate each duty that is being waived; and (3) The following language in at least 10-point boldface type: "Agreement to Waive By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney. ____________________ ____________________ Signature of Client Date ____________________ ____________________ Signature of Licensee Date" (b) If a licensee enters into an agency relationship containing the waivers outlined in this section, all reasonable efforts must be taken to inform other licensees that: (1) Any moneys of others, including without limitation earnest money, advance fees, or security deposits are not to be transmitted or kept by the licensee, notwithstanding other applicable statutes and rules; and (2) A licensee for a buyer or lessee remains authorized to present offers to buy, lease, or rent real property directly to the licensee's principal notwithstanding a: (A) Waiver under subsection (a) of this section; or (B) Conflicting statute or rule. Acts 2011, No. 877, § 1.

(a) A licensee shall perform the duties required under § 17-42-317 or § 17-42-318 unless the client agrees to waive these duties and signs a waiver of duties statement that contains: (1) A list of the fiduciary duties required of all licensees under § 17-42-316 ; (2) A list of the duties contained in § 17-42-317 or § 17-42-318 set forth in a manner that allows for the parties to indicate each duty that is being waived; and (3) The following language in at least 10-point boldface type: "Agreement to Waive By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney. ____________________ ____________________ Signature of Client Date ____________________ ____________________ Signature of Licensee Date"

(1) A list of the fiduciary duties required of all licensees under § 17-42-316 ;

(2) A list of the duties contained in § 17-42-317 or § 17-42-318 set forth in a manner that allows for the parties to indicate each duty that is being waived; and

(3) The following language in at least 10-point boldface type: "Agreement to Waive By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney. ____________________ ____________________ Signature of Client Date ____________________ ____________________ Signature of Licensee Date"

"Agreement to Waive

By signing below, I agree that the real estate licensee who represents me will not perform the duties that are initialed above. I also understand that in a proposed real estate transaction, no other real estate licensee will perform the waived duties, and I realize that I may need to hire other professionals such as an attorney.

____________________ ____________________

Signature of Client Date

____________________ ____________________

Signature of Licensee Date"

(b) If a licensee enters into an agency relationship containing the waivers outlined in this section, all reasonable efforts must be taken to inform other licensees that: (1) Any moneys of others, including without limitation earnest money, advance fees, or security deposits are not to be transmitted or kept by the licensee, notwithstanding other applicable statutes and rules; and (2) A licensee for a buyer or lessee remains authorized to present offers to buy, lease, or rent real property directly to the licensee's principal notwithstanding a: (A) Waiver under subsection (a) of this section; or (B) Conflicting statute or rule.

(1) Any moneys of others, including without limitation earnest money, advance fees, or security deposits are not to be transmitted or kept by the licensee, notwithstanding other applicable statutes and rules; and

(2) A licensee for a buyer or lessee remains authorized to present offers to buy, lease, or rent real property directly to the licensee's principal notwithstanding a: (A) Waiver under subsection (a) of this section; or (B) Conflicting statute or rule.

(A) Waiver under subsection (a) of this section; or

(B) Conflicting statute or rule.

Acts 2011, No. 877, § 1.
Ark. Code Ann. § 17-50-404 — AR Code / Title 17 / Chapter 50 / Subchapter 4 / Section 17-50-404
Property subject to forfeiture
Status: in_force

The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter: (1) Contraband property used or intended to be used in violation of § 17-50-104 ; (2) The proceeds gained from a violation of § 17-50-104 ; (3) Personal property acquired with proceeds gained from a violation of § 17-50-104 ; (4) (A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104 . (B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter. (C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent. (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties; (5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of § 17-50-104 ; (6) (A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange. (B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and (7) Property used in a violation of § 17-50-104 that has title of ownership with two (2) parties on the title or a cosigner if one (1) party on the title uses the property in violation of § 17-50-104 or receives titled property as the proceeds of the violation even if the second party claims that he or she did not have knowledge or involvement in the violation. Acts 2003, No. 855, § 1.

The following are subject to forfeiture upon the initiation of a civil proceeding filed by the prosecuting attorney and when so ordered by the circuit court in accordance with this subchapter:

(1) Contraband property used or intended to be used in violation of § 17-50-104 ;

(2) The proceeds gained from a violation of § 17-50-104 ;

(3) Personal property acquired with proceeds gained from a violation of § 17-50-104 ;

(4) (A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104 . (B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter. (C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent. (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;

(A) All conveyances, including vehicles and rigs, that are used or intended for use to facilitate a violation of § 17-50-104 .

(B) No conveyance used as a common carrier by any person in business as a common carrier is subject to forfeiture unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter.

(C) No conveyance is subject to forfeiture under this subchapter by reason of any act or omission established by the owners to have been committed or omitted without the owners' knowledge or consent.

(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party or parties;

(5) All materials including pumping equipment, casing, piping, motors, and other equipment used or intended for use in violation of § 17-50-104 ;

(6) (A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange. (B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and

(A) Everything of value furnished or intended to be furnished in exchange for a violation of § 17-50-104 or all profits, proceeds, or property, excluding real property, traceable to such an exchange.

(B) It may be presumed that the property described in subdivision (6)(A) of this section was acquired with proceeds gained from a violation of § 17-50-104 and is subject to forfeiture; and

(7) Property used in a violation of § 17-50-104 that has title of ownership with two (2) parties on the title or a cosigner if one (1) party on the title uses the property in violation of § 17-50-104 or receives titled property as the proceeds of the violation even if the second party claims that he or she did not have knowledge or involvement in the violation.

Acts 2003, No. 855, § 1.
Ark. Code Ann. § 17-33-301 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-301
License required
Status: in_force

(a) It is unlawful for any person to engage in HVACR work without the appropriate license or registration provided by this chapter, unless exempted pursuant to this chapter. (b) It is unlawful for any licensee to allow a nonlicensed person to use his or her Arkansas HVACR license number for any purpose. Acts 1991, No. 277, § 5.

(a) It is unlawful for any person to engage in HVACR work without the appropriate license or registration provided by this chapter, unless exempted pursuant to this chapter.

(b) It is unlawful for any licensee to allow a nonlicensed person to use his or her Arkansas HVACR license number for any purpose.

Acts 1991, No. 277, § 5.
Ark. Code Ann. § 17-92-104 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-104
Privilege tax unaffected
Status: in_force

Nothing in this act shall be construed to repeal or anywise interfere with the collection of the privilege taxes now levied, or that may be levied, for state, county, or city purposes on the business of hawking, peddling, or street vending of goods, wares, and merchandise. Acts 1891, No. 50, § 15, p. 80; C. & M. Dig., § 3681; Pope's Dig., § 4620; A.S.A. 1947, § 72-1036.

Nothing in this act shall be construed to repeal or anywise interfere with the collection of the privilege taxes now levied, or that may be levied, for state, county, or city purposes on the business of hawking, peddling, or street vending of goods, wares, and merchandise.

Acts 1891, No. 50, § 15, p. 80; C. & M. Dig., § 3681; Pope's Dig., § 4620; A.S.A. 1947, § 72-1036.
Ark. Code Ann. § 17-102-101 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-101
Title
Status: in_force

This chapter shall be known as the "Arkansas Acupuncture Practices Act". Acts 1997, No. 816, § 1.

This chapter shall be known as the "Arkansas Acupuncture Practices Act".

Acts 1997, No. 816, § 1.
Ark. Code Ann. § 17-86-311 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-311
Disciplinary actions and penalties
Status: in_force

(a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license upon any one (1) of the following grounds: (1) A felony listed under § 17-3-102 or the offense of prostitution, either in this state or another state; (2) Malpractice or gross incompetency; (3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities; (4) Habitual drunkenness or habitual use of any illegal drugs; (5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school; (6) Unprofessional conduct; (7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department; (8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy; (9) Failure of any licensee to comply with this chapter; or (10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school. (b) (1) The State Board of Health shall establish by rule the penalty system to be imposed under this section. (2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit. (3) (A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid. (4) (A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter. (c) (1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited. (2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage. (3) A suspension of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years. (d) (1) Charges may be brought by any person. (2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath. (e) In denying, suspending, or revoking any license, the committee shall afford any party review as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as otherwise provided by the rules of the State Board of Health. Amended by Act 2021, No. 136,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1535, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1534, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 72, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 38, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 27, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 20, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 19, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 18, eff. 8/16/2013. Acts 1981, No. 875, § 12; A.S.A. 1947, § 72-1212; Acts 1991, No. 1217, § 1; 1993, No. 714, § 14; 1997, No. 840, § 17; 1999, No. 1461, § 19; 2009, No. 1305, § 12.

(a) The Massage Therapy Technical Advisory Committee may deny, suspend, place on probation, or revoke a license upon any one (1) of the following grounds: (1) A felony listed under § 17-3-102 or the offense of prostitution, either in this state or another state; (2) Malpractice or gross incompetency; (3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities; (4) Habitual drunkenness or habitual use of any illegal drugs; (5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school; (6) Unprofessional conduct; (7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department; (8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy; (9) Failure of any licensee to comply with this chapter; or (10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school.

(1) A felony listed under § 17-3-102 or the offense of prostitution, either in this state or another state;

(2) Malpractice or gross incompetency;

(3) The use in advertisements of untruthful or improbable statements or flamboyant, exaggerated, or extravagant claims concerning the licensee's professional excellence or abilities;

(4) Habitual drunkenness or habitual use of any illegal drugs;

(5) Serving alcoholic beverages at the clinic or school in a room where massage therapy is being performed or in a massage therapy school;

(6) Unprofessional conduct;

(7) Failure to comply with the Department of Health's Massage Therapy Code of Ethics or any valid rule or order of the department;

(8) Invasion of the field of practice of any profession for which a license is required, the diagnosis of ailments, diseases, or injuries of human beings, the performance of osseous adjustments, prescription of medications, or other breaches of the scope of practice of massage therapy;

(9) Failure of any licensee to comply with this chapter; or

(10) Failure to have licensed personnel to perform massage therapy techniques in his or her clinic or school.

(b) (1) The State Board of Health shall establish by rule the penalty system to be imposed under this section. (2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit. (3) (A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid. (4) (A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter.

(1) The State Board of Health shall establish by rule the penalty system to be imposed under this section.

(2) Whenever the committee finds that the holder of a license, certificate of registration, or other permit issued by the department is guilty of a violation of the rules of the department or the laws of the state pertaining to any occupation, profession, or business licensed or regulated by the department, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of license, certificate of registration, or other permit.

(3) (A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department. (B) The license, certificate of registration, or permit shall be suspended until the penalty is paid.

(A) Upon imposition of a penalty in lieu of suspension or revocation of license, certificate of registration, or other permit, the committee may require that the licensee or permit holder pay a penalty to the department.

(B) The license, certificate of registration, or permit shall be suspended until the penalty is paid.

(4) (A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results. (B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction. (C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation. (D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law. (E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter.

(A) The penalty may be imposed in lieu of revocation or suspension of a license, certificate, or other permit only if the committee formally finds that the public health, safety, welfare, and morals would not be impaired and that the payment of the penalty will achieve the desired disciplinary results.

(B) The minimum penalty imposed by the committee in lieu of revocation or suspension of a license, certificate, or other permit shall be twenty-five dollars ($25.00) and the maximum penalty one thousand dollars ($1,000) per infraction.

(C) The authority of the committee to impose penalties under this section is not affected by any other civil or criminal proceeding concerning the same violation.

(D) A person penalized by the committee under this chapter may appeal any order of the committee in the manner currently provided by law.

(E) In addition to any other sanctions authorized by this chapter, the committee may impose a civil penalty as provided in this subsection against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure under this chapter.

(c) (1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited. (2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage. (3) A suspension of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years.

(1) The massage therapist-patient relationship is founded on mutual trust. Sexual misconduct is prohibited.

(2) The committee shall revoke the license of a person who engages in the practice of massage of the breasts unless the massage therapist: (A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and (B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage.

(A) Engages in the practice of massage of the breasts for therapeutic and medical purposes including without limitation the reduction of scar tissue following a surgery on the breast, release of myofascial binding, or improving lymphatic flow; and

(B) Has received at least forty-eight (48) hours of continuing education credits in lymphatic massage, myofascial massage, or oncology massage.

(3) A suspension of a license under subdivisions (c)(1) and (2) of this section shall be for a period of three (3) years.

(d) (1) Charges may be brought by any person. (2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath.

(1) Charges may be brought by any person.

(2) Any accusation of any of the offenses enumerated in this section may be filed with the committee. The accusations shall be in writing, signed by the accuser, and verified under oath.

(e) In denying, suspending, or revoking any license, the committee shall afford any party review as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and as otherwise provided by the rules of the State Board of Health.

Amended by Act 2021, No. 136,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1535, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1534, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 72, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 38, eff. 7/24/2019.

Amended by Act 2015, No. 1020,§ 27, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 20, eff. 8/16/2013.

Amended by Act 2013, No. 1445,§ 19, eff. 8/16/2013.

Amended by Act 2013, No. 1445,§ 18, eff. 8/16/2013.

Acts 1981, No. 875, § 12; A.S.A. 1947, § 72-1212; Acts 1991, No. 1217, § 1; 1993, No. 714, § 14; 1997, No. 840, § 17; 1999, No. 1461, § 19; 2009, No. 1305, § 12.
Ark. Code Ann. § 17-80-204 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-204
Authority
Status: in_force

The Arkansas Medical Society, Inc. shall have the authority to establish a physicians' health committee and the Arkansas State Dental Association shall have the authority to establish a dentists' health committee to undertake the functions and responsibilities to carry out the purposes of this subchapter and may include any of the following: (1) Contracting with providers of treatment programs; (2) Receiving and evaluating reports of suspected impairment from any source; (3) Intervening in cases of verified impairment; (4) Referring impaired physicians or dentists to treatment programs; (5) Monitoring the treatment and rehabilitation of impaired physicians or dentists; (6) Providing posttreatment monitoring and support of rehabilitated impaired physicians and dentists; and (7) Performing such other activities as the committees deem necessary to accomplish the purposes of this subchapter. Acts 1993, No. 1220, § 4.

The Arkansas Medical Society, Inc. shall have the authority to establish a physicians' health committee and the Arkansas State Dental Association shall have the authority to establish a dentists' health committee to undertake the functions and responsibilities to carry out the purposes of this subchapter and may include any of the following:

(1) Contracting with providers of treatment programs;

(2) Receiving and evaluating reports of suspected impairment from any source;

(3) Intervening in cases of verified impairment;

(4) Referring impaired physicians or dentists to treatment programs;

(5) Monitoring the treatment and rehabilitation of impaired physicians or dentists;

(6) Providing posttreatment monitoring and support of rehabilitated impaired physicians and dentists; and

(7) Performing such other activities as the committees deem necessary to accomplish the purposes of this subchapter.

Acts 1993, No. 1220, § 4.
Ark. Code Ann. § 17-80-503 — AR Code / Title 17 / Chapter 80 / Subchapter 5 / Section 17-80-503
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Conscience" means the religious, moral, or ethical beliefs or principles of a medical practitioner, healthcare institution, or healthcare payer. (B) "Conscience" of an institutional entity or corporate body may be determined by reference to existing or proposed documents, including without limitation any published religious, moral, or ethical guidelines or directives, mission statements, constitutions, bylaws, articles of incorporation, policies, regulations, or other relevant documents; (2) (A) "Discriminate" means to take an adverse action against, or communicate a threat of adverse action to, any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare institution, or healthcare payer to decline to participate in a healthcare service on the basis of the conscience of the medical practitioner, healthcare institution, or healthcare payer, including without limitation: (i) Termination; (ii) Refusal of staff privileges; (iii) Refusal of board certification; (iv) Adverse administrative or disciplinary action; (v) Demotion; (vi) Loss of career specialty; (vii) Reduction of wages, benefits, or privileges; (viii) Refusal to award any grant, contract, or other program; (ix) Refusal to provide residency training opportunities; (x) Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution; (xi) Reassignment to a different shift or job title; (xii) Addition or increase of administrative duties; (xiii) Denial, deprivation, or disqualification of licensure; (xiv) Disqualification from or withholding of financial aid or other financial assistance; and (xv) Any other penalty or disciplinary retaliatory action, whether executed or threatened. (B) "Discrimination" does not include the negotiation or purchase of insurance by a nongovernment entity; (3) "Healthcare institution" means a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity involved in providing healthcare services, including without limitation: (A) A hospital; (B) A clinic; (C) A medical center; (D) An ambulatory surgical center; (E) A private physician's office; (F) A pharmacy; (G) A nursing home; (H) A medical training facility; (I) An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and (J) Any other institution or location where healthcare services are provided to an individual; (4) "Healthcare payer" means an employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any healthcare service provided to a patient, whether the payment is made in whole or in part; (5) "Healthcare service" means medical care provided to a patient at any time over the entire course of treatment, including without limitation: (A) Initial examination; (B) Patient referral; (C) Counseling or psychological therapy; (D) Therapy; (E) Testing; (F) Research; (G) Diagnosis or prognosis; (H) Instruction; (I) Dispensing or administering, or both, of any drug, medication, or device; (J) Set up or performance of a surgery or other procedure; (K) Recordkeeping and recordmaking procedures and notes related to treatment; and (L) Other care or services provided by a medical practitioner or healthcare institution; (6) "Medical practitioner" means an individual who is: (A) A physician; (B) A physician assistant; (C) An advanced practice registered nurse or other nurse practitioner; (D) A pharmacist; (E) A medical researcher or laboratory technician to the extent that he or she is requested to actively and materially participate in medical research or testing that violates his or her conscience; (F) A counselor, social worker, psychologist, or other mental health professional to the extent that he or she is requested to actively and materially provide or participate in a type of counseling or referral for a healthcare service that violates his or her conscience; (G) A student of counseling, psychology, social work, or other mental health studies to the extent that he or she is asked to actively and materially participate in a type of counseling or referral for a healthcare service that violates his or her conscience; or (H) A nurse, pharmacy technician, surgical technician, allied health professional, student, faculty member, contractor, or employee who is requested to actively and materially participate in a surgery, procedure, or medication administration or dispensing that violates his or her conscience; and (7) "Participate" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing any healthcare service or any form of healthcare service. Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) (A) "Conscience" means the religious, moral, or ethical beliefs or principles of a medical practitioner, healthcare institution, or healthcare payer. (B) "Conscience" of an institutional entity or corporate body may be determined by reference to existing or proposed documents, including without limitation any published religious, moral, or ethical guidelines or directives, mission statements, constitutions, bylaws, articles of incorporation, policies, regulations, or other relevant documents;

(A) "Conscience" means the religious, moral, or ethical beliefs or principles of a medical practitioner, healthcare institution, or healthcare payer.

(B) "Conscience" of an institutional entity or corporate body may be determined by reference to existing or proposed documents, including without limitation any published religious, moral, or ethical guidelines or directives, mission statements, constitutions, bylaws, articles of incorporation, policies, regulations, or other relevant documents;

(2) (A) "Discriminate" means to take an adverse action against, or communicate a threat of adverse action to, any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare institution, or healthcare payer to decline to participate in a healthcare service on the basis of the conscience of the medical practitioner, healthcare institution, or healthcare payer, including without limitation: (i) Termination; (ii) Refusal of staff privileges; (iii) Refusal of board certification; (iv) Adverse administrative or disciplinary action; (v) Demotion; (vi) Loss of career specialty; (vii) Reduction of wages, benefits, or privileges; (viii) Refusal to award any grant, contract, or other program; (ix) Refusal to provide residency training opportunities; (x) Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution; (xi) Reassignment to a different shift or job title; (xii) Addition or increase of administrative duties; (xiii) Denial, deprivation, or disqualification of licensure; (xiv) Disqualification from or withholding of financial aid or other financial assistance; and (xv) Any other penalty or disciplinary retaliatory action, whether executed or threatened. (B) "Discrimination" does not include the negotiation or purchase of insurance by a nongovernment entity;

(A) "Discriminate" means to take an adverse action against, or communicate a threat of adverse action to, any medical practitioner, healthcare institution, or healthcare payer as a result of a decision by a medical practitioner, healthcare institution, or healthcare payer to decline to participate in a healthcare service on the basis of the conscience of the medical practitioner, healthcare institution, or healthcare payer, including without limitation: (i) Termination; (ii) Refusal of staff privileges; (iii) Refusal of board certification; (iv) Adverse administrative or disciplinary action; (v) Demotion; (vi) Loss of career specialty; (vii) Reduction of wages, benefits, or privileges; (viii) Refusal to award any grant, contract, or other program; (ix) Refusal to provide residency training opportunities; (x) Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution; (xi) Reassignment to a different shift or job title; (xii) Addition or increase of administrative duties; (xiii) Denial, deprivation, or disqualification of licensure; (xiv) Disqualification from or withholding of financial aid or other financial assistance; and (xv) Any other penalty or disciplinary retaliatory action, whether executed or threatened.

(i) Termination;

(ii) Refusal of staff privileges;

(iii) Refusal of board certification;

(iv) Adverse administrative or disciplinary action;

(v) Demotion;

(vi) Loss of career specialty;

(vii) Reduction of wages, benefits, or privileges;

(viii) Refusal to award any grant, contract, or other program;

(ix) Refusal to provide residency training opportunities;

(x) Refusal to authorize the creation, expansion, improvement, acquisition, affiliation, or merger of a healthcare institution;

(xi) Reassignment to a different shift or job title;

(xii) Addition or increase of administrative duties;

(xiii) Denial, deprivation, or disqualification of licensure;

(xiv) Disqualification from or withholding of financial aid or other financial assistance; and

(xv) Any other penalty or disciplinary retaliatory action, whether executed or threatened.

(B) "Discrimination" does not include the negotiation or purchase of insurance by a nongovernment entity;

(3) "Healthcare institution" means a public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity involved in providing healthcare services, including without limitation: (A) A hospital; (B) A clinic; (C) A medical center; (D) An ambulatory surgical center; (E) A private physician's office; (F) A pharmacy; (G) A nursing home; (H) A medical training facility; (I) An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and (J) Any other institution or location where healthcare services are provided to an individual;

(A) A hospital;

(B) A clinic;

(C) A medical center;

(D) An ambulatory surgical center;

(E) A private physician's office;

(F) A pharmacy;

(G) A nursing home;

(H) A medical training facility;

(I) An individual, association, corporation, or other entity attempting to establish a new healthcare institution or operating an existing healthcare institution; and

(J) Any other institution or location where healthcare services are provided to an individual;

(4) "Healthcare payer" means an employer, health plan, health maintenance organization, insurance company, management services organization, or any other entity that pays for or arranges for the payment of any healthcare service provided to a patient, whether the payment is made in whole or in part;

(5) "Healthcare service" means medical care provided to a patient at any time over the entire course of treatment, including without limitation: (A) Initial examination; (B) Patient referral; (C) Counseling or psychological therapy; (D) Therapy; (E) Testing; (F) Research; (G) Diagnosis or prognosis; (H) Instruction; (I) Dispensing or administering, or both, of any drug, medication, or device; (J) Set up or performance of a surgery or other procedure; (K) Recordkeeping and recordmaking procedures and notes related to treatment; and (L) Other care or services provided by a medical practitioner or healthcare institution;

(A) Initial examination;

(B) Patient referral;

(C) Counseling or psychological therapy;

(D) Therapy;

(E) Testing;

(F) Research;

(G) Diagnosis or prognosis;

(H) Instruction;

(I) Dispensing or administering, or both, of any drug, medication, or device;

(J) Set up or performance of a surgery or other procedure;

(K) Recordkeeping and recordmaking procedures and notes related to treatment; and

(L) Other care or services provided by a medical practitioner or healthcare institution;

(6) "Medical practitioner" means an individual who is: (A) A physician; (B) A physician assistant; (C) An advanced practice registered nurse or other nurse practitioner; (D) A pharmacist; (E) A medical researcher or laboratory technician to the extent that he or she is requested to actively and materially participate in medical research or testing that violates his or her conscience; (F) A counselor, social worker, psychologist, or other mental health professional to the extent that he or she is requested to actively and materially provide or participate in a type of counseling or referral for a healthcare service that violates his or her conscience; (G) A student of counseling, psychology, social work, or other mental health studies to the extent that he or she is asked to actively and materially participate in a type of counseling or referral for a healthcare service that violates his or her conscience; or (H) A nurse, pharmacy technician, surgical technician, allied health professional, student, faculty member, contractor, or employee who is requested to actively and materially participate in a surgery, procedure, or medication administration or dispensing that violates his or her conscience; and

(A) A physician;

(B) A physician assistant;

(C) An advanced practice registered nurse or other nurse practitioner;

(D) A pharmacist;

(E) A medical researcher or laboratory technician to the extent that he or she is requested to actively and materially participate in medical research or testing that violates his or her conscience;

(F) A counselor, social worker, psychologist, or other mental health professional to the extent that he or she is requested to actively and materially provide or participate in a type of counseling or referral for a healthcare service that violates his or her conscience;

(G) A student of counseling, psychology, social work, or other mental health studies to the extent that he or she is asked to actively and materially participate in a type of counseling or referral for a healthcare service that violates his or her conscience; or

(H) A nurse, pharmacy technician, surgical technician, allied health professional, student, faculty member, contractor, or employee who is requested to actively and materially participate in a surgery, procedure, or medication administration or dispensing that violates his or her conscience; and

(7) "Participate" means to provide, perform, assist with, facilitate, refer for, counsel for, advise with regard to, admit for the purposes of providing, or take part in any way in providing any healthcare service or any form of healthcare service.

Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-26-104 — AR Code / Title 17 / Chapter 26 / Subchapter 1 / Section 17-26-104
Unlawful practices
Status: in_force

(a) (1) It is unlawful for any person, firm, or corporation to violate this chapter or a rule adopted by the Cosmetology Technical Advisory Committee pursuant to this chapter. (2) Evidence of a violation may result in a criminal or civil penalty. (3) Each day of a violation is a separate offense. (b) (1) Being found guilty of a criminal penalty is an unclassified misdemeanor and is punishable by a fine in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both fine and imprisonment. (2) After being found guilty of an unclassified misdemeanor under this section, a subsequent charge under this section is a Class C misdemeanor. (3) All prosecuting attorneys of the state and all political subdivisions of the state shall enforce this chapter and prosecute any person or entity violating it. (c) (1) Being found in violation of a civil penalty under this section may result in suspension of license, revocation of license, fine, or any combination. (2) For good cause shown and pursuant to rules of the committee, the committee may revoke, suspend, or refuse to renew at any time any license issued under this chapter on any of the grounds for disciplinary actions under § 17-26-105 . (3) (A) The committee shall suspend the license of any person licensed under this chapter who has been adjudged by a court of competent jurisdiction to be insane or legally incompetent. (B) The record of the adjudication shall be prima facie evidence that the person is insane or legally incompetent within the meaning of subdivision (c)(3)(A) of this section. (C) The committee shall not reinstate a license that has been suspended under subdivision (c)(3)(A) of this section, except upon proof that the licensee has been restored to a mental condition that would allow the licensee to comply with the requirements of this chapter. (4) (A) Whenever the committee finds that a licensee or a holder of a permit issued by the committee is guilty of a violation of the rules of the committee or the laws of this state pertaining to any occupation, profession, or business licensed or regulated by the committee, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of the license or permit. (B) Upon imposition of a penalty in lieu of suspension or revocation of a license or permit, the committee may require that the licensee or permit holder pay a penalty to the committee for the violation with the condition that the license or permit may be suspended until the penalty is paid. (C) (i) Before the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney. (ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result. (5) (A) The committee shall establish by rule the penalty system to be imposed under this section. (B) The minimum penalty shall be twenty-five dollars ($25.00), and a maximum penalty of one thousand dollars ($1,000) is authorized if the penalty is imposed by the committee in lieu of revocation or suspension of a license or permit. (C) The committee shall establish by rule an option that mandates a person to attend a health and safety training course in lieu of or in addition to paying a penalty. (6) The power of the committee to impose penalties shall not be affected by any other civil or criminal proceeding concerning the violation. (d) The committee may refuse to issue a license to any person upon reasonable evidence that the person would jeopardize the health and safety of the public. (e) Any person penalized by the committee under this chapter may appeal any order of the committee in the manner provided by law. (f) The committee may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any act that requires licensure under this chapter. Acts 1955, No. 358, Art. 13; A.S.A. 1947, § 71-881; Acts 1993, No. 1056, § 7; 2007, No. 223, § 3; 2011, No. 859, § 2.

(a) (1) It is unlawful for any person, firm, or corporation to violate this chapter or a rule adopted by the Cosmetology Technical Advisory Committee pursuant to this chapter. (2) Evidence of a violation may result in a criminal or civil penalty. (3) Each day of a violation is a separate offense.

(1) It is unlawful for any person, firm, or corporation to violate this chapter or a rule adopted by the Cosmetology Technical Advisory Committee pursuant to this chapter.

(2) Evidence of a violation may result in a criminal or civil penalty.

(3) Each day of a violation is a separate offense.

(b) (1) Being found guilty of a criminal penalty is an unclassified misdemeanor and is punishable by a fine in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both fine and imprisonment. (2) After being found guilty of an unclassified misdemeanor under this section, a subsequent charge under this section is a Class C misdemeanor. (3) All prosecuting attorneys of the state and all political subdivisions of the state shall enforce this chapter and prosecute any person or entity violating it.

(1) Being found guilty of a criminal penalty is an unclassified misdemeanor and is punishable by a fine in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both fine and imprisonment.

(2) After being found guilty of an unclassified misdemeanor under this section, a subsequent charge under this section is a Class C misdemeanor.

(3) All prosecuting attorneys of the state and all political subdivisions of the state shall enforce this chapter and prosecute any person or entity violating it.

(c) (1) Being found in violation of a civil penalty under this section may result in suspension of license, revocation of license, fine, or any combination. (2) For good cause shown and pursuant to rules of the committee, the committee may revoke, suspend, or refuse to renew at any time any license issued under this chapter on any of the grounds for disciplinary actions under § 17-26-105 . (3) (A) The committee shall suspend the license of any person licensed under this chapter who has been adjudged by a court of competent jurisdiction to be insane or legally incompetent. (B) The record of the adjudication shall be prima facie evidence that the person is insane or legally incompetent within the meaning of subdivision (c)(3)(A) of this section. (C) The committee shall not reinstate a license that has been suspended under subdivision (c)(3)(A) of this section, except upon proof that the licensee has been restored to a mental condition that would allow the licensee to comply with the requirements of this chapter. (4) (A) Whenever the committee finds that a licensee or a holder of a permit issued by the committee is guilty of a violation of the rules of the committee or the laws of this state pertaining to any occupation, profession, or business licensed or regulated by the committee, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of the license or permit. (B) Upon imposition of a penalty in lieu of suspension or revocation of a license or permit, the committee may require that the licensee or permit holder pay a penalty to the committee for the violation with the condition that the license or permit may be suspended until the penalty is paid. (C) (i) Before the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney. (ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result. (5) (A) The committee shall establish by rule the penalty system to be imposed under this section. (B) The minimum penalty shall be twenty-five dollars ($25.00), and a maximum penalty of one thousand dollars ($1,000) is authorized if the penalty is imposed by the committee in lieu of revocation or suspension of a license or permit. (C) The committee shall establish by rule an option that mandates a person to attend a health and safety training course in lieu of or in addition to paying a penalty. (6) The power of the committee to impose penalties shall not be affected by any other civil or criminal proceeding concerning the violation.

(1) Being found in violation of a civil penalty under this section may result in suspension of license, revocation of license, fine, or any combination.

(2) For good cause shown and pursuant to rules of the committee, the committee may revoke, suspend, or refuse to renew at any time any license issued under this chapter on any of the grounds for disciplinary actions under § 17-26-105 .

(3) (A) The committee shall suspend the license of any person licensed under this chapter who has been adjudged by a court of competent jurisdiction to be insane or legally incompetent. (B) The record of the adjudication shall be prima facie evidence that the person is insane or legally incompetent within the meaning of subdivision (c)(3)(A) of this section. (C) The committee shall not reinstate a license that has been suspended under subdivision (c)(3)(A) of this section, except upon proof that the licensee has been restored to a mental condition that would allow the licensee to comply with the requirements of this chapter.

(A) The committee shall suspend the license of any person licensed under this chapter who has been adjudged by a court of competent jurisdiction to be insane or legally incompetent.

(B) The record of the adjudication shall be prima facie evidence that the person is insane or legally incompetent within the meaning of subdivision (c)(3)(A) of this section.

(C) The committee shall not reinstate a license that has been suspended under subdivision (c)(3)(A) of this section, except upon proof that the licensee has been restored to a mental condition that would allow the licensee to comply with the requirements of this chapter.

(4) (A) Whenever the committee finds that a licensee or a holder of a permit issued by the committee is guilty of a violation of the rules of the committee or the laws of this state pertaining to any occupation, profession, or business licensed or regulated by the committee, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of the license or permit. (B) Upon imposition of a penalty in lieu of suspension or revocation of a license or permit, the committee may require that the licensee or permit holder pay a penalty to the committee for the violation with the condition that the license or permit may be suspended until the penalty is paid. (C) (i) Before the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney. (ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result.

(A) Whenever the committee finds that a licensee or a holder of a permit issued by the committee is guilty of a violation of the rules of the committee or the laws of this state pertaining to any occupation, profession, or business licensed or regulated by the committee, the committee may impose a penalty on the licensee or permit holder in lieu of suspension or revocation of the license or permit.

(B) Upon imposition of a penalty in lieu of suspension or revocation of a license or permit, the committee may require that the licensee or permit holder pay a penalty to the committee for the violation with the condition that the license or permit may be suspended until the penalty is paid.

(C) (i) Before the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney. (ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result.

(i) Before the imposition of a penalty, the committee shall hold an investigation and hearing after notice to the licensee or his or her attorney.

(ii) The penalty may be imposed in lieu of revocation or suspension of a license or permit only if the committee finds that the public health, safety, welfare, and morals would not be impaired and that the penalty achieves the desired disciplinary result.

(5) (A) The committee shall establish by rule the penalty system to be imposed under this section. (B) The minimum penalty shall be twenty-five dollars ($25.00), and a maximum penalty of one thousand dollars ($1,000) is authorized if the penalty is imposed by the committee in lieu of revocation or suspension of a license or permit. (C) The committee shall establish by rule an option that mandates a person to attend a health and safety training course in lieu of or in addition to paying a penalty.

(A) The committee shall establish by rule the penalty system to be imposed under this section.

(B) The minimum penalty shall be twenty-five dollars ($25.00), and a maximum penalty of one thousand dollars ($1,000) is authorized if the penalty is imposed by the committee in lieu of revocation or suspension of a license or permit.

(C) The committee shall establish by rule an option that mandates a person to attend a health and safety training course in lieu of or in addition to paying a penalty.

(6) The power of the committee to impose penalties shall not be affected by any other civil or criminal proceeding concerning the violation.

(d) The committee may refuse to issue a license to any person upon reasonable evidence that the person would jeopardize the health and safety of the public.

(e) Any person penalized by the committee under this chapter may appeal any order of the committee in the manner provided by law.

(f) The committee may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any act that requires licensure under this chapter.

Acts 1955, No. 358, Art. 13; A.S.A. 1947, § 71-881; Acts 1993, No. 1056, § 7; 2007, No. 223, § 3; 2011, No. 859, § 2.
Ark. Code Ann. § 17-29-305 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-305
Funeral establishments - Examinations - Licenses
Status: in_force

(a) (1) Funeral establishment licenses shall be issued, upon application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, only after examination of the establishment to be licensed reveals that the requirements of the board for an establishment license have been met. The fee shall accompany the application for a funeral establishment license. (2) All funeral establishment licenses expire on December 31 of each year. (3) The board shall grant or deny each application for a license under this section after it is filed. (4) A person who has filed an application for a license shall not be prosecuted for a violation of this subchapter unless the applicant is properly notified that the application was denied by the board before the violation occurred. (b) (1) (A) An owner of a funeral establishment shall: (i) Notify the board in writing at least thirty (30) days before a change of ownership of the funeral establishment occurs; and (ii) Supply information requested by the board concerning the change of ownership. (B) The board shall develop and promulgate rules to provide a transfer of ownership of a funeral establishment, including the transferability of a license issued under this subchapter. (2) If there is a change in the name of the establishment, a new license shall be issued in the new name if the requirements for licenses as established in this section are met. Amended by Act 2017, No. 788,§ 13, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 26, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 25, eff. 7/22/2015. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1997, No. 839, § 4; 1999, No. 1138, § 5; 2011, No. 874, § 3.

(a) (1) Funeral establishment licenses shall be issued, upon application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, only after examination of the establishment to be licensed reveals that the requirements of the board for an establishment license have been met. The fee shall accompany the application for a funeral establishment license. (2) All funeral establishment licenses expire on December 31 of each year. (3) The board shall grant or deny each application for a license under this section after it is filed. (4) A person who has filed an application for a license shall not be prosecuted for a violation of this subchapter unless the applicant is properly notified that the application was denied by the board before the violation occurred.

(1) Funeral establishment licenses shall be issued, upon application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, only after examination of the establishment to be licensed reveals that the requirements of the board for an establishment license have been met. The fee shall accompany the application for a funeral establishment license.

(2) All funeral establishment licenses expire on December 31 of each year.

(3) The board shall grant or deny each application for a license under this section after it is filed.

(4) A person who has filed an application for a license shall not be prosecuted for a violation of this subchapter unless the applicant is properly notified that the application was denied by the board before the violation occurred.

(b) (1) (A) An owner of a funeral establishment shall: (i) Notify the board in writing at least thirty (30) days before a change of ownership of the funeral establishment occurs; and (ii) Supply information requested by the board concerning the change of ownership. (B) The board shall develop and promulgate rules to provide a transfer of ownership of a funeral establishment, including the transferability of a license issued under this subchapter. (2) If there is a change in the name of the establishment, a new license shall be issued in the new name if the requirements for licenses as established in this section are met.

(1) (A) An owner of a funeral establishment shall: (i) Notify the board in writing at least thirty (30) days before a change of ownership of the funeral establishment occurs; and (ii) Supply information requested by the board concerning the change of ownership. (B) The board shall develop and promulgate rules to provide a transfer of ownership of a funeral establishment, including the transferability of a license issued under this subchapter.

(A) An owner of a funeral establishment shall: (i) Notify the board in writing at least thirty (30) days before a change of ownership of the funeral establishment occurs; and (ii) Supply information requested by the board concerning the change of ownership.

(i) Notify the board in writing at least thirty (30) days before a change of ownership of the funeral establishment occurs; and

(ii) Supply information requested by the board concerning the change of ownership.

(B) The board shall develop and promulgate rules to provide a transfer of ownership of a funeral establishment, including the transferability of a license issued under this subchapter.

(2) If there is a change in the name of the establishment, a new license shall be issued in the new name if the requirements for licenses as established in this section are met.

Amended by Act 2017, No. 788,§ 13, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 26, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 25, eff. 7/22/2015.

Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1997, No. 839, § 4; 1999, No. 1138, § 5; 2011, No. 874, § 3.
Ark. Code Ann. § 17-4-110 — AR Code / Title 17 / Chapter 4 / Section 17-4-110
Responsibilities of occupational licensing entities
Status: in_force

An occupational licensing entity shall: (1) Submit proposed rules authorized under § 17-4-106 to the Administrative Rules Subcommittee of the Legislative Council for review and approval before the proposed rules are promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) If the proposed rules are not approved as required under § 17-4-109 , provide automatic occupational licensure to an individual listed in § 17-4-104 ; (3) Post prominently on the occupational licensing entity's website a link entitled "Military Member Licensure" that directly leads to information applicable to an individual listed in § 17-4-104 ; and (4) Provide to the House Committee on Aging, Children and Youth, Legislative and Military Affairs an annual report stating the number of individuals granted automatic occupational licensure and expedited occupational licensure under this chapter. Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

An occupational licensing entity shall:

(1) Submit proposed rules authorized under § 17-4-106 to the Administrative Rules Subcommittee of the Legislative Council for review and approval before the proposed rules are promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) If the proposed rules are not approved as required under § 17-4-109 , provide automatic occupational licensure to an individual listed in § 17-4-104 ;

(3) Post prominently on the occupational licensing entity's website a link entitled "Military Member Licensure" that directly leads to information applicable to an individual listed in § 17-4-104 ; and

(4) Provide to the House Committee on Aging, Children and Youth, Legislative and Military Affairs an annual report stating the number of individuals granted automatic occupational licensure and expedited occupational licensure under this chapter.

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-17-114 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-114
Civil penalty
Status: in_force

(a) (1) Whenever the Auctioneer's Licensing Board finds that the holder of a license issued by the board is guilty of a violation of the rules of the board or the laws of the State of Arkansas pertaining to any occupation, profession, or business licensed or regulated by the board, it shall have the power and authority to impose a civil penalty and suspension or revocation of the license. (2) Upon imposition of a civil penalty, the board shall have the power and authority to require that the licensee pay a penalty to the board in regard to the violation with the sanction that the license may be suspended until the penalty is paid. (3) Before the imposition of any penalty, the board shall hold an investigation and hearing after notice to a licensee or his or her attorney. The penalty may be imposed only if the board formally finds that the public health, safety, welfare, and morals would not be impaired thereby and that payment of the penalty will achieve the desired disciplinary result. (b) No penalty imposed by the board may exceed a total of one thousand dollars ($1,000). The power and authority of the board to impose these penalties shall not be affected by any other civil or criminal proceeding concerning the same violation. (c) If any person upon whom the board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the board's decision to impose the penalty, the amount of the fine shall be considered to be a debt owed to the board and may be collected by civil action by the board. (d) Any person penalized by the board under this chapter may appeal any order of the board in the manner now provided by law. (e) In addition to any other sanctions authorized by this chapter, the board may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions of this chapter. (f) The board is authorized to promulgate rules to implement the provisions of this chapter. Amended by Act 2019, No. 315,§ 1349, eff. 7/24/2019. Acts 1999, No. 1333, § 3; 2003, No. 1748, § 1.

(a) (1) Whenever the Auctioneer's Licensing Board finds that the holder of a license issued by the board is guilty of a violation of the rules of the board or the laws of the State of Arkansas pertaining to any occupation, profession, or business licensed or regulated by the board, it shall have the power and authority to impose a civil penalty and suspension or revocation of the license. (2) Upon imposition of a civil penalty, the board shall have the power and authority to require that the licensee pay a penalty to the board in regard to the violation with the sanction that the license may be suspended until the penalty is paid. (3) Before the imposition of any penalty, the board shall hold an investigation and hearing after notice to a licensee or his or her attorney. The penalty may be imposed only if the board formally finds that the public health, safety, welfare, and morals would not be impaired thereby and that payment of the penalty will achieve the desired disciplinary result.

(1) Whenever the Auctioneer's Licensing Board finds that the holder of a license issued by the board is guilty of a violation of the rules of the board or the laws of the State of Arkansas pertaining to any occupation, profession, or business licensed or regulated by the board, it shall have the power and authority to impose a civil penalty and suspension or revocation of the license.

(2) Upon imposition of a civil penalty, the board shall have the power and authority to require that the licensee pay a penalty to the board in regard to the violation with the sanction that the license may be suspended until the penalty is paid.

(3) Before the imposition of any penalty, the board shall hold an investigation and hearing after notice to a licensee or his or her attorney. The penalty may be imposed only if the board formally finds that the public health, safety, welfare, and morals would not be impaired thereby and that payment of the penalty will achieve the desired disciplinary result.

(b) No penalty imposed by the board may exceed a total of one thousand dollars ($1,000). The power and authority of the board to impose these penalties shall not be affected by any other civil or criminal proceeding concerning the same violation.

(c) If any person upon whom the board has levied a civil penalty fails to pay the civil penalty within sixty (60) days of the board's decision to impose the penalty, the amount of the fine shall be considered to be a debt owed to the board and may be collected by civil action by the board.

(d) Any person penalized by the board under this chapter may appeal any order of the board in the manner now provided by law.

(e) In addition to any other sanctions authorized by this chapter, the board may impose a civil penalty as provided in this section against any unlicensed person, firm, or corporation practicing or offering to practice any actions requiring licensure pursuant to the provisions of this chapter.

(f) The board is authorized to promulgate rules to implement the provisions of this chapter.

Amended by Act 2019, No. 315,§ 1349, eff. 7/24/2019.

Acts 1999, No. 1333, § 3; 2003, No. 1748, § 1.
Ark. Code Ann. § 17-38-203 — AR Code / Title 17 / Chapter 38 / Subchapter 2 / Section 17-38-203
Regulation of training
Status: in_force

(a) The State Board of Health shall prescribe rules governing plumbing apprentice training committees and, in cooperation with educational authorities, assist in related training programs for plumbers. (b) Any university, college, or school offering a full-time recognized course in plumbing or any recognized national educational program is exempt from the requirements of subsection (a) of this section, provided that the educational program meets or exceeds the national plumbing apprenticeship requirements. Amended by Act 2019, No. 315,§ 1450, eff. 7/24/2019. Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207.

(a) The State Board of Health shall prescribe rules governing plumbing apprentice training committees and, in cooperation with educational authorities, assist in related training programs for plumbers.

(b) Any university, college, or school offering a full-time recognized course in plumbing or any recognized national educational program is exempt from the requirements of subsection (a) of this section, provided that the educational program meets or exceeds the national plumbing apprenticeship requirements.

Amended by Act 2019, No. 315,§ 1450, eff. 7/24/2019.

Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207.