Ark. Code Ann. § 17-27-408 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-408
Licensed alcoholism and drug abuse counselor - License requirements
Status: in_force

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the license as a licensed alcoholism and drug abuse counselor to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a master's degree in the health or behavioral sciences field or other appropriate field from an accredited college or university. (b) The license shall be displayed in the licensee's principal place of practice and shall entitle the licensee to hold himself or herself forth to the public as providing services as authorized by this subchapter. Amended by Act 2013, No. 1249,§ 3, eff. 7/1/2013. Acts 1999, No. 1588, § 8; 2009, No. 443, § 2.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the license as a licensed alcoholism and drug abuse counselor to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a master's degree in the health or behavioral sciences field or other appropriate field from an accredited college or university.

(1) Is at least twenty-one (21) years of age;

(2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board;

(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience.

(B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board;

(3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research;

(A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education.

(B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research;

(4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board;

(5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met;

(6) Has submitted three (3) letters of reference;

(7) Has paid to the board an examination fee fixed by the board;

(8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession;

(9) Has signed a written agreement to abide by the code of ethics adopted by the board; and

(10) Holds a master's degree in the health or behavioral sciences field or other appropriate field from an accredited college or university.

(b) The license shall be displayed in the licensee's principal place of practice and shall entitle the licensee to hold himself or herself forth to the public as providing services as authorized by this subchapter.

Amended by Act 2013, No. 1249,§ 3, eff. 7/1/2013.

Acts 1999, No. 1588, § 8; 2009, No. 443, § 2.
Ark. Code Ann. § 17-88-307 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-307
Reregistration
Status: in_force

(a) (1) A renewal or reregistration fee which shall be determined by the Arkansas State Occupational Therapy Examining Committee shall be paid to the Arkansas State Medical Board by each occupational therapist who holds a license to practice occupational therapy in the State of Arkansas. (2) The committee will also establish additional requirements for license renewal which provide evidence of continued competency. (b) The reregistration fee shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated. (c) (1) Failure to reregister and pay the reregistration fee by the last day of the birth month of the license holder shall cause the license of any person so failing to pay the registration fee to expire automatically. (2) Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty, to be determined by the committee, for each year or part of a year it has been delinquent. (3) Any person who shall fail to reregister and pay the annual license fee for five (5) consecutive years shall be required to be reexamined by the board before his or her license may be reinstated. Acts 1977, No. 381, § 13; A.S.A. 1947, § 72-1913; Acts 1997, No. 313, § 1.

(a) (1) A renewal or reregistration fee which shall be determined by the Arkansas State Occupational Therapy Examining Committee shall be paid to the Arkansas State Medical Board by each occupational therapist who holds a license to practice occupational therapy in the State of Arkansas. (2) The committee will also establish additional requirements for license renewal which provide evidence of continued competency.

(1) A renewal or reregistration fee which shall be determined by the Arkansas State Occupational Therapy Examining Committee shall be paid to the Arkansas State Medical Board by each occupational therapist who holds a license to practice occupational therapy in the State of Arkansas.

(2) The committee will also establish additional requirements for license renewal which provide evidence of continued competency.

(b) The reregistration fee shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated.

(c) (1) Failure to reregister and pay the reregistration fee by the last day of the birth month of the license holder shall cause the license of any person so failing to pay the registration fee to expire automatically. (2) Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty, to be determined by the committee, for each year or part of a year it has been delinquent. (3) Any person who shall fail to reregister and pay the annual license fee for five (5) consecutive years shall be required to be reexamined by the board before his or her license may be reinstated.

(1) Failure to reregister and pay the reregistration fee by the last day of the birth month of the license holder shall cause the license of any person so failing to pay the registration fee to expire automatically.

(2) Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty, to be determined by the committee, for each year or part of a year it has been delinquent.

(3) Any person who shall fail to reregister and pay the annual license fee for five (5) consecutive years shall be required to be reexamined by the board before his or her license may be reinstated.

Acts 1977, No. 381, § 13; A.S.A. 1947, § 72-1913; Acts 1997, No. 313, § 1.
Ark. Code Ann. § 17-105-113 — AR Code / Title 17 / Chapter 105 / Section 17-105-113
Violation
Status: in_force

Following the exercise of due process, the Arkansas State Medical Board may discipline any physician assistant who: (1) Fraudulently or deceptively obtains or attempts to obtain a license; (2) Fraudulently or deceptively uses a license; (3) Violates any provision of this chapter or any rules adopted by the board pertaining to this chapter or any other laws or rules governing licensed healthcare professionals; (4) Is convicted of a felony listed under § 17-3-102 ; (5) Is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely perform as a physician assistant; (6) Has been adjudicated as mentally incompetent or has a mental condition that renders him or her unable to safely perform as a physician assistant; (7) Represents himself or herself as a physician; (8) Is negligent in practice as a physician assistant; (9) Demonstrates professional incompetence; (10) Violates patient confidentiality except as required by law; (11) Engages in conduct likely to deceive, defraud, or harm the public; (12) Engages in unprofessional or immoral conduct; (13) Prescribes, sells, administers, distributes, orders, or gives away a drug classified as a controlled substance for other than medically accepted therapeutic purposes; (14) Has been disciplined by this state or another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section; or (15) Fails to cooperate with an investigation conducted by the board. Amended by Act 2021, No. 634,§ 13, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1673, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 131, eff. 7/24/2019. Acts 1999, No. 851, § 13.

Following the exercise of due process, the Arkansas State Medical Board may discipline any physician assistant who:

(1) Fraudulently or deceptively obtains or attempts to obtain a license;

(2) Fraudulently or deceptively uses a license;

(3) Violates any provision of this chapter or any rules adopted by the board pertaining to this chapter or any other laws or rules governing licensed healthcare professionals;

(4) Is convicted of a felony listed under § 17-3-102 ;

(5) Is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely perform as a physician assistant;

(6) Has been adjudicated as mentally incompetent or has a mental condition that renders him or her unable to safely perform as a physician assistant;

(7) Represents himself or herself as a physician;

(8) Is negligent in practice as a physician assistant;

(9) Demonstrates professional incompetence;

(10) Violates patient confidentiality except as required by law;

(11) Engages in conduct likely to deceive, defraud, or harm the public;

(12) Engages in unprofessional or immoral conduct;

(13) Prescribes, sells, administers, distributes, orders, or gives away a drug classified as a controlled substance for other than medically accepted therapeutic purposes;

(14) Has been disciplined by this state or another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section; or

(15) Fails to cooperate with an investigation conducted by the board.

Amended by Act 2021, No. 634,§ 13, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1673, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 131, eff. 7/24/2019.

Acts 1999, No. 851, § 13.
Ark. Code Ann. § 17-93-303 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-303
Physical therapists
Status: in_force

(a) (1) The Arkansas State Board of Physical Therapy shall license as a physical therapist each applicant who proves to the satisfaction of the board his or her fitness for licensure under the terms of this chapter. (2) The license shall be prima facie evidence of the right of that person to practice physical therapy subject to the conditions and limitations of this chapter. (b) Each physical therapist applicant shall: (1) Be at least twenty-one (21) years of age; (2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the board; (3) Have passed examinations selected and approved by the board; (4) Submit fees as determined by the board; and (5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the board and be responsible to the Division of Arkansas State Police 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 board all information obtained concerning the commission by the applicant of any offense listed. (c) (1) Upon payment of the fees, applicants shall be given examinations on the following subjects: the applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics, neurology, orthopedics, pediatrics, surgery, medical ethics, and technical procedures in the practice of physical therapy as defined in this chapter, and any other subjects the board considers necessary or desirable. (2) The national examination shall test entry-level competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation. (3) (A) (i) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (ii) The reexamination must take place within six (6) months after the first failure. (B) Before being approved by the board for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the board of having successfully completed additional clinical training or course work, or both, as determined by the board. (d) (1) (A) A license fee or renewal fee in an amount to be determined by the board shall be paid annually by each physical therapist who holds a license to practice physical therapy in the State of Arkansas. (B) The renewal fee shall be paid no later than March 1 of each year. (2) Failure to renew the license and pay the fee by March 1 shall cause the license of any person who fails to renew to expire automatically. (3) A delinquent licensee may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the board for each year or part of a year he or she has been delinquent. (e) An applicant for a license as a physical therapist who has been educated outside the United States shall: (1) Complete the application process, including payment of fees; (2) Provide written proof that the applicant's school of physical therapy is recognized by its own ministry of education or equivalent agency; (3) Undergo a credentials evaluation as directed by the board to determine that the applicant has met uniform criteria for educational requirements as further established by rules of the board; (4) Complete any additional education required by the board; (5) Pass the board-approved English proficiency examination if the applicant's native language is not English; (6) Pass all examinations required by the board under this chapter; and (7) Comply with all requirements in rules promulgated by the board. Amended by Act 2019, No. 990,§ 92, eff. 7/24/2019. Amended by Act 2019, No. 314,§ 1, eff. 7/24/2019. Acts 1959, No. 141, §§ 6, 7, 11; 1973, No. 139, § 2; 1979, No. 631, § 3; A.S.A. 1947, §§ 72-1322, 72-1323, 72-1327; Acts 1987, No. 503, § 2; 1991, No. 303, §§ 1, 2; 1993, No. 1219, § 21; 1995, No. 742, § 2; 2001, No. 1412, § 5; 2009, No. 1471, § 5.

(a) (1) The Arkansas State Board of Physical Therapy shall license as a physical therapist each applicant who proves to the satisfaction of the board his or her fitness for licensure under the terms of this chapter. (2) The license shall be prima facie evidence of the right of that person to practice physical therapy subject to the conditions and limitations of this chapter.

(1) The Arkansas State Board of Physical Therapy shall license as a physical therapist each applicant who proves to the satisfaction of the board his or her fitness for licensure under the terms of this chapter.

(2) The license shall be prima facie evidence of the right of that person to practice physical therapy subject to the conditions and limitations of this chapter.

(b) Each physical therapist applicant shall: (1) Be at least twenty-one (21) years of age; (2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the board; (3) Have passed examinations selected and approved by the board; (4) Submit fees as determined by the board; and (5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the board and be responsible to the Division of Arkansas State Police 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 board all information obtained concerning the commission by the applicant of any offense listed.

(1) Be at least twenty-one (21) years of age;

(2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the board;

(3) Have passed examinations selected and approved by the board;

(4) Submit fees as determined by the board; and

(5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the board and be responsible to the Division of Arkansas State Police 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 board all information obtained concerning the commission by the applicant of any offense listed.

(A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.

(B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints.

(C) The applicant shall sign a release of information to the board and be responsible to the Division of Arkansas State Police 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 board all information obtained concerning the commission by the applicant of any offense listed.

(c) (1) Upon payment of the fees, applicants shall be given examinations on the following subjects: the applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics, neurology, orthopedics, pediatrics, surgery, medical ethics, and technical procedures in the practice of physical therapy as defined in this chapter, and any other subjects the board considers necessary or desirable. (2) The national examination shall test entry-level competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation. (3) (A) (i) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (ii) The reexamination must take place within six (6) months after the first failure. (B) Before being approved by the board for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the board of having successfully completed additional clinical training or course work, or both, as determined by the board.

(1) Upon payment of the fees, applicants shall be given examinations on the following subjects: the applied sciences of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics, neurology, orthopedics, pediatrics, surgery, medical ethics, and technical procedures in the practice of physical therapy as defined in this chapter, and any other subjects the board considers necessary or desirable.

(2) The national examination shall test entry-level competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.

(3) (A) (i) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (ii) The reexamination must take place within six (6) months after the first failure. (B) Before being approved by the board for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the board of having successfully completed additional clinical training or course work, or both, as determined by the board.

(A) (i) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (ii) The reexamination must take place within six (6) months after the first failure.

(i) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure.

(ii) The reexamination must take place within six (6) months after the first failure.

(B) Before being approved by the board for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the board of having successfully completed additional clinical training or course work, or both, as determined by the board.

(d) (1) (A) A license fee or renewal fee in an amount to be determined by the board shall be paid annually by each physical therapist who holds a license to practice physical therapy in the State of Arkansas. (B) The renewal fee shall be paid no later than March 1 of each year. (2) Failure to renew the license and pay the fee by March 1 shall cause the license of any person who fails to renew to expire automatically. (3) A delinquent licensee may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the board for each year or part of a year he or she has been delinquent.

(1) (A) A license fee or renewal fee in an amount to be determined by the board shall be paid annually by each physical therapist who holds a license to practice physical therapy in the State of Arkansas. (B) The renewal fee shall be paid no later than March 1 of each year.

(A) A license fee or renewal fee in an amount to be determined by the board shall be paid annually by each physical therapist who holds a license to practice physical therapy in the State of Arkansas.

(B) The renewal fee shall be paid no later than March 1 of each year.

(2) Failure to renew the license and pay the fee by March 1 shall cause the license of any person who fails to renew to expire automatically.

(3) A delinquent licensee may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the board for each year or part of a year he or she has been delinquent.

(e) An applicant for a license as a physical therapist who has been educated outside the United States shall: (1) Complete the application process, including payment of fees; (2) Provide written proof that the applicant's school of physical therapy is recognized by its own ministry of education or equivalent agency; (3) Undergo a credentials evaluation as directed by the board to determine that the applicant has met uniform criteria for educational requirements as further established by rules of the board; (4) Complete any additional education required by the board; (5) Pass the board-approved English proficiency examination if the applicant's native language is not English; (6) Pass all examinations required by the board under this chapter; and (7) Comply with all requirements in rules promulgated by the board.

(1) Complete the application process, including payment of fees;

(2) Provide written proof that the applicant's school of physical therapy is recognized by its own ministry of education or equivalent agency;

(3) Undergo a credentials evaluation as directed by the board to determine that the applicant has met uniform criteria for educational requirements as further established by rules of the board;

(4) Complete any additional education required by the board;

(5) Pass the board-approved English proficiency examination if the applicant's native language is not English;

(6) Pass all examinations required by the board under this chapter; and

(7) Comply with all requirements in rules promulgated by the board.

Amended by Act 2019, No. 990,§ 92, eff. 7/24/2019.

Amended by Act 2019, No. 314,§ 1, eff. 7/24/2019.

Acts 1959, No. 141, §§ 6, 7, 11; 1973, No. 139, § 2; 1979, No. 631, § 3; A.S.A. 1947, §§ 72-1322, 72-1323, 72-1327; Acts 1987, No. 503, § 2; 1991, No. 303, §§ 1, 2; 1993, No. 1219, § 21; 1995, No. 742, § 2; 2001, No. 1412, § 5; 2009, No. 1471, § 5.
Ark. Code Ann. § 17-38-201 — AR Code / Title 17 / Chapter 38 / Subchapter 2 / Section 17-38-201
Powers and duties generally - Definition
Status: in_force

(a) The State Board of Health shall have the following powers: (1) To ensure that the construction, installation, and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe and sanitary in order to safeguard the public health; (2) (A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable. (B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules; (3) To prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of apprentice plumbers; (4) To assign the duties of the Committee of Plumbing Examiners; (5) (A) To prescribe rules as to the use of corrugated stainless steel piping. (B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and (6) (A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year. (B) As used in subdivision (a)(6)(A) of this section, "qualified agency" means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules. (b) 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. (c) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. Among other things, it may: (1) Employ competent supervisors who shall be licensed plumbers or licensed engineers, employ other assistants, and prescribe qualifications and assign duties for the supervisors and assistants; (2) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and hold public meetings and attend or be represented at the meetings within or without the state; (3) Enter and inspect at reasonable hours plumbing installations on private or public property and disseminate information relative to the provisions of this chapter; (4) Prepare and cause to be printed such codes, bulletins, or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request; (5) Charge a reasonable fee for plumbing inspections; (6) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection; (7) Issue restricted licenses limited to gas fitter, residential and governmental maintenance, service line installation, solar mechanic, and hospital maintenance licenses if the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed and if the State Board of Health has adopted rules defining restrictions in the type of work allowed, geographical area served, and term of the type of restricted license; and (8) Prepare a list giving the names and addresses of all licensed plumbers and registered apprentice plumbers. (d) (1) The State Board of Health shall prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of plumbing apprentices. (2) The State Board of Health shall publish a list giving the names and addresses of all licensed plumbers, registered plumbers, and city plumbing inspectors. (e) The State Board of Health may issue special licenses and restricted licenses, including, but not limited to, gas licenses and other licenses which may cover a special phase of plumbing, provided that the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed. (f) The department shall issue a restricted gas utility license to all gas utilities having gas servicepersons. The license shall cover all of the servicepersons of the utility if the utility requires each serviceperson to be specially trained for this service. The utility shall be responsible to the department for each serviceperson and shall provide an identification card showing the utility name, utility license number, and the restricted service of the serviceperson. The utility shall register each serviceperson and his or her serial number with the department. (g) The State Board of Health shall allow the use of a harvested rainwater system used for a nonpotable purpose if the harvested rainwater system: (1) Is designed by a professional engineer licensed in Arkansas; (2) Is designed with appropriate cross-connection safeguards; and (3) Complies with the state plumbing code. (h) The department and the State Board of Health shall: (1) Accept plumbing plan review documents via email, via mail, or in person; and (2) Respond to an individual or entity submitting plumbing plan review documents via email, unless the individual or entity indicates that the individual or entity would prefer to receive the response via mail. Amended by Act 2019, No. 315,§ 1448, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1447, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1446, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1445, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1444, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1443, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1442, eff. 7/24/2019. Amended by Act 2019, No. 889,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 471, eff. 7/1/2019. Acts 1951, No. 200, § 2; 1975, No. 902, § 2; A.S.A. 1947, § 71-1206; Acts 1987, No. 816, § 2; 1993, No. 638, § 1; 1995, No. 982, § 1; 2003, No. 1217, §§ 5, 6; 2009, No. 361, § 1.

(a) The State Board of Health shall have the following powers: (1) To ensure that the construction, installation, and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe and sanitary in order to safeguard the public health; (2) (A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable. (B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules; (3) To prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of apprentice plumbers; (4) To assign the duties of the Committee of Plumbing Examiners; (5) (A) To prescribe rules as to the use of corrugated stainless steel piping. (B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and (6) (A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year. (B) As used in subdivision (a)(6)(A) of this section, "qualified agency" means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules.

(1) To ensure that the construction, installation, and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe and sanitary in order to safeguard the public health;

(2) (A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable. (B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules;

(A) To have general supervision of all plumbing and, according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall prescribe and publish and enforce minimum reasonable standards that shall be uniform as far as practicable.

(B) The Secretary of the Department of Health or any employee of the Department of Health designated by the State Board of Health may act for the State Board of Health except in adoption of rules;

(3) To prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of apprentice plumbers;

(4) To assign the duties of the Committee of Plumbing Examiners;

(5) (A) To prescribe rules as to the use of corrugated stainless steel piping. (B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and

(A) To prescribe rules as to the use of corrugated stainless steel piping.

(B) Such rules shall be no more stringent than the American National Standards for Interior Fuel Gas Piping Systems; and

(6) (A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year. (B) As used in subdivision (a)(6)(A) of this section, "qualified agency" means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules.

(A) To require that a survey and inspection for leaks, proper venting, and general condition of the natural gas piping system and gas utilization equipment connected thereto, including appliances, serving any school accredited by the State Board of Education shall be performed as frequently as necessary, but at intervals not exceeding one (1) year. School officials shall be responsible to ensure that these surveys and inspections are performed by a qualified agency and that proof of the survey results are provided to the Division of Protective Health Codes of the Department of Health by September 1 each year.

(B) As used in subdivision (a)(6)(A) of this section, "qualified agency" means any individual, firm, corporation, or company which either in person or through a representative is engaged in and is responsible for the installation, replacement, or repair of consumer gas piping, or the connection, installation, repair, or servicing of gas utilization equipment, and is experienced in such work and familiar with all precautions required and has complied with all requirements of the State Board of Health and the department and the codes and rules.

(b) 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.

(c) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. Among other things, it may: (1) Employ competent supervisors who shall be licensed plumbers or licensed engineers, employ other assistants, and prescribe qualifications and assign duties for the supervisors and assistants; (2) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and hold public meetings and attend or be represented at the meetings within or without the state; (3) Enter and inspect at reasonable hours plumbing installations on private or public property and disseminate information relative to the provisions of this chapter; (4) Prepare and cause to be printed such codes, bulletins, or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request; (5) Charge a reasonable fee for plumbing inspections; (6) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection; (7) Issue restricted licenses limited to gas fitter, residential and governmental maintenance, service line installation, solar mechanic, and hospital maintenance licenses if the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed and if the State Board of Health has adopted rules defining restrictions in the type of work allowed, geographical area served, and term of the type of restricted license; and (8) Prepare a list giving the names and addresses of all licensed plumbers and registered apprentice plumbers.

(1) Employ competent supervisors who shall be licensed plumbers or licensed engineers, employ other assistants, and prescribe qualifications and assign duties for the supervisors and assistants;

(2) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and hold public meetings and attend or be represented at the meetings within or without the state;

(3) Enter and inspect at reasonable hours plumbing installations on private or public property and disseminate information relative to the provisions of this chapter;

(4) Prepare and cause to be printed such codes, bulletins, or other documents as may be necessary and furnish copies thereof to those engaged in the plumbing business and to the public upon request;

(5) Charge a reasonable fee for plumbing inspections;

(6) Furnish upon request of the owner of the building or of the plumber making the plumbing installation, recommendations or a certificate of inspection;

(7) Issue restricted licenses limited to gas fitter, residential and governmental maintenance, service line installation, solar mechanic, and hospital maintenance licenses if the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed and if the State Board of Health has adopted rules defining restrictions in the type of work allowed, geographical area served, and term of the type of restricted license; and

(8) Prepare a list giving the names and addresses of all licensed plumbers and registered apprentice plumbers.

(d) (1) The State Board of Health shall prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of plumbing apprentices. (2) The State Board of Health shall publish a list giving the names and addresses of all licensed plumbers, registered plumbers, and city plumbing inspectors.

(1) The State Board of Health shall prescribe rules as to the qualifications, examination, and licensing of master plumbers and journeyman plumbers and for the registration of plumbing apprentices.

(2) The State Board of Health shall publish a list giving the names and addresses of all licensed plumbers, registered plumbers, and city plumbing inspectors.

(e) The State Board of Health may issue special licenses and restricted licenses, including, but not limited to, gas licenses and other licenses which may cover a special phase of plumbing, provided that the licensee has demonstrated competency for the particular phase of plumbing for which the person is licensed.

(f) The department shall issue a restricted gas utility license to all gas utilities having gas servicepersons. The license shall cover all of the servicepersons of the utility if the utility requires each serviceperson to be specially trained for this service. The utility shall be responsible to the department for each serviceperson and shall provide an identification card showing the utility name, utility license number, and the restricted service of the serviceperson. The utility shall register each serviceperson and his or her serial number with the department.

(g) The State Board of Health shall allow the use of a harvested rainwater system used for a nonpotable purpose if the harvested rainwater system: (1) Is designed by a professional engineer licensed in Arkansas; (2) Is designed with appropriate cross-connection safeguards; and (3) Complies with the state plumbing code.

(1) Is designed by a professional engineer licensed in Arkansas;

(2) Is designed with appropriate cross-connection safeguards; and

(3) Complies with the state plumbing code.

(h) The department and the State Board of Health shall: (1) Accept plumbing plan review documents via email, via mail, or in person; and (2) Respond to an individual or entity submitting plumbing plan review documents via email, unless the individual or entity indicates that the individual or entity would prefer to receive the response via mail.

(1) Accept plumbing plan review documents via email, via mail, or in person; and

(2) Respond to an individual or entity submitting plumbing plan review documents via email, unless the individual or entity indicates that the individual or entity would prefer to receive the response via mail.

Amended by Act 2019, No. 315,§ 1448, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1447, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1446, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1445, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1444, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1443, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1442, eff. 7/24/2019.

Amended by Act 2019, No. 889,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 471, eff. 7/1/2019.

Acts 1951, No. 200, § 2; 1975, No. 902, § 2; A.S.A. 1947, § 71-1206; Acts 1987, No. 816, § 2; 1993, No. 638, § 1; 1995, No. 982, § 1; 2003, No. 1217, §§ 5, 6; 2009, No. 361, § 1.
Ark. Code Ann. § 17-14-408 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-408
Prohibited activities
Status: in_force

(a) An employee, director, officer, or agent of an appraisal management company or any other third party acting as a joint venture partner with or independent contractor for an appraisal management company shall not improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal, including without limitation through the use of intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for appraisal services, or threat of exclusion from future appraisal work. (b) A registrant shall not: (1) Require an appraiser to collect the appraisal fee from a borrower, homeowner, or other third party; (2) Require an appraiser to provide the registrant with the appraiser's digital signature or seal; (3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser, including without limitation by: (A) Removing the appraiser's signature or seal; or (B) Adding or removing information to or from the appraisal report; (4) (A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser. (B) Written notice shall include written evidence of: (i) The appraiser's illegal conduct; (ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules; (iii) Substandard performance; or (iv) Otherwise improper or unprofessional behavior; (5) Enter into contracts or agreements with an independent appraiser for the performance of appraisal services unless the independent appraiser is licensed or certified in good standing with the State Board of Appraisers, Abstracters, and Home Inspectors; (6) Request that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the appraiser completes an appraisal report; (7) (A) Except as provided in subdivision (b)(7)(B) of this section, provide to an appraiser an anticipated, estimated, encouraged, or desired value for a property or a proposed or target amount to be loaned to the borrower. (B) A copy of the sales contract for purchase transactions may be provided; (8) Commit an act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; or (9) An appraisal management company shall not require an: (A) Employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this subchapter; or (B) Appraiser on the appraisal management company's appraiser panel to pay or reimburse the appraisal management company for the Appraisal Management Company National Registry fee. (c) Subsection (a) of this section does not prohibit an appraisal management company from requesting that an independent appraiser: (1) Provide additional information about the basis for a valuation; (2) Correct objective factual errors in an appraisal report; or (3) Provide further detail, substantiation, or explanation for the appraiser's value conclusion. Amended by Act 2023, No. 628,§ 41, eff. 7/1/2023. Amended by Act 2017, No. 535,§ 7, eff. 3/20/2017. Amended by Act 2013, No. 516,§ 1, eff. 8/16/2013. Acts 2009, No. 628, § 1.

(a) An employee, director, officer, or agent of an appraisal management company or any other third party acting as a joint venture partner with or independent contractor for an appraisal management company shall not improperly influence or attempt to improperly influence the development, reporting, result, or review of a real estate appraisal, including without limitation through the use of intimidation, coercion, extortion, bribery, blackmail, threat of nonpayment or withholding payment for appraisal services, or threat of exclusion from future appraisal work.

(b) A registrant shall not: (1) Require an appraiser to collect the appraisal fee from a borrower, homeowner, or other third party; (2) Require an appraiser to provide the registrant with the appraiser's digital signature or seal; (3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser, including without limitation by: (A) Removing the appraiser's signature or seal; or (B) Adding or removing information to or from the appraisal report; (4) (A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser. (B) Written notice shall include written evidence of: (i) The appraiser's illegal conduct; (ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules; (iii) Substandard performance; or (iv) Otherwise improper or unprofessional behavior; (5) Enter into contracts or agreements with an independent appraiser for the performance of appraisal services unless the independent appraiser is licensed or certified in good standing with the State Board of Appraisers, Abstracters, and Home Inspectors; (6) Request that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the appraiser completes an appraisal report; (7) (A) Except as provided in subdivision (b)(7)(B) of this section, provide to an appraiser an anticipated, estimated, encouraged, or desired value for a property or a proposed or target amount to be loaned to the borrower. (B) A copy of the sales contract for purchase transactions may be provided; (8) Commit an act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; or (9) An appraisal management company shall not require an: (A) Employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this subchapter; or (B) Appraiser on the appraisal management company's appraiser panel to pay or reimburse the appraisal management company for the Appraisal Management Company National Registry fee.

(1) Require an appraiser to collect the appraisal fee from a borrower, homeowner, or other third party;

(2) Require an appraiser to provide the registrant with the appraiser's digital signature or seal;

(3) Alter, amend, or change an appraisal report submitted by a licensed or certified appraiser, including without limitation by: (A) Removing the appraiser's signature or seal; or (B) Adding or removing information to or from the appraisal report;

(A) Removing the appraiser's signature or seal; or

(B) Adding or removing information to or from the appraisal report;

(4) (A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser. (B) Written notice shall include written evidence of: (i) The appraiser's illegal conduct; (ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules; (iii) Substandard performance; or (iv) Otherwise improper or unprofessional behavior;

(A) Allow the removal of an independent appraiser from an appraiser panel without prior written notice to the appraiser.

(B) Written notice shall include written evidence of: (i) The appraiser's illegal conduct; (ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules; (iii) Substandard performance; or (iv) Otherwise improper or unprofessional behavior;

(i) The appraiser's illegal conduct;

(ii) A violation of the minimum reporting standards under § 17-14-202(b) or other applicable statutes or rules;

(iii) Substandard performance; or

(iv) Otherwise improper or unprofessional behavior;

(5) Enter into contracts or agreements with an independent appraiser for the performance of appraisal services unless the independent appraiser is licensed or certified in good standing with the State Board of Appraisers, Abstracters, and Home Inspectors;

(6) Request that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the appraiser completes an appraisal report;

(7) (A) Except as provided in subdivision (b)(7)(B) of this section, provide to an appraiser an anticipated, estimated, encouraged, or desired value for a property or a proposed or target amount to be loaned to the borrower. (B) A copy of the sales contract for purchase transactions may be provided;

(A) Except as provided in subdivision (b)(7)(B) of this section, provide to an appraiser an anticipated, estimated, encouraged, or desired value for a property or a proposed or target amount to be loaned to the borrower.

(B) A copy of the sales contract for purchase transactions may be provided;

(8) Commit an act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; or

(9) An appraisal management company shall not require an: (A) Employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this subchapter; or (B) Appraiser on the appraisal management company's appraiser panel to pay or reimburse the appraisal management company for the Appraisal Management Company National Registry fee.

(A) Employee of the appraisal management company who is an appraiser to sign an appraisal that is completed by another appraiser who contracts with the appraisal management company in order to avoid the requirements of this subchapter; or

(B) Appraiser on the appraisal management company's appraiser panel to pay or reimburse the appraisal management company for the Appraisal Management Company National Registry fee.

(c) Subsection (a) of this section does not prohibit an appraisal management company from requesting that an independent appraiser: (1) Provide additional information about the basis for a valuation; (2) Correct objective factual errors in an appraisal report; or (3) Provide further detail, substantiation, or explanation for the appraiser's value conclusion.

(1) Provide additional information about the basis for a valuation;

(2) Correct objective factual errors in an appraisal report; or

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

Amended by Act 2023, No. 628,§ 41, eff. 7/1/2023.

Amended by Act 2017, No. 535,§ 7, eff. 3/20/2017.

Amended by Act 2013, No. 516,§ 1, eff. 8/16/2013.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-3-104 — AR Code / Title 17 / Chapter 3 / Section 17-3-104
Rules
Status: in_force

(a) A licensing entity shall adopt or amend rules necessary for the implementation of this chapter. (b) (1) When adopting or amending rules to implement this chapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (2) A licensing entity shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.

(a) A licensing entity shall adopt or amend rules necessary for the implementation of this chapter.

(b) (1) When adopting or amending rules to implement this chapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (2) A licensing entity shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) When adopting or amending rules to implement this chapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(A) On or before January 1, 2020; or

(B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(2) A licensing entity shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 17-80-501 — AR Code / Title 17 / Chapter 80 / Subchapter 5 / Section 17-80-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Medical Ethics and Diversity Act". Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Medical Ethics and Diversity Act".

Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-31-308 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-308
Reciprocity
Status: in_force

Upon application therefor and the payment of a fee set by the Arkansas Forestry Commission, the commission may issue a certificate of registration as a registered forester in Arkansas to any qualified person of any state of the United States or its possessions, or Canada, provided that: (1) The person is a legally registered forester or the equivalent in the person's own state or province and has submitted evidence satisfactory to the commission that the person is so registered and that the requirements therein are substantially equivalent to the requirements of registration under this chapter; and (2) The state in which the person is so registered will accept the certificates of registration issued by the commission on a reciprocal basis. Amended by Act 2023, No. 691,§ 92, eff. 7/1/2023. Acts 1969, No. 535, § 19; A.S.A. 1947, § 71-2419; Acts 1999, No. 993, § 12.

Upon application therefor and the payment of a fee set by the Arkansas Forestry Commission, the commission may issue a certificate of registration as a registered forester in Arkansas to any qualified person of any state of the United States or its possessions, or Canada, provided that:

(1) The person is a legally registered forester or the equivalent in the person's own state or province and has submitted evidence satisfactory to the commission that the person is so registered and that the requirements therein are substantially equivalent to the requirements of registration under this chapter; and

(2) The state in which the person is so registered will accept the certificates of registration issued by the commission on a reciprocal basis.

Amended by Act 2023, No. 691,§ 92, eff. 7/1/2023.

Acts 1969, No. 535, § 19; A.S.A. 1947, § 71-2419; Acts 1999, No. 993, § 12.
Ark. Code Ann. § 17-38-204 — AR Code / Title 17 / Chapter 38 / Subchapter 2 / Section 17-38-204
Local regulatory authority - Exceptions
Status: in_force

(a) A city, town, or county having a system of either water, sewerage, or gas utility, or a combination of utilities, by ordinance, rules, regulations, or customer contract shall prescribe rules and regulations governing plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the Department of Health. (b) A plumbing installation shall not be: (1) Installed in any building within this state except in accordance with or exceeding the minimum requirements of the department; or (2) Started without the prescribed licenses, permits, and acceptable plan review of plumbing plans and specifications when required. (c) A city, town, sewerage district, water district, sewer association, water association, utility gas system, or county having a system of either water, sewerage, or gas utility, or a combination of utilities, shall establish a system of permits and inspections to assure that the public health and safety is protected. (d) Reasonable fees for inspections may be charged. (e) This chapter does not prohibit a city, town, or county from having full authority to provide full supervision of the inspection of plumbing and plumbers by enactment of ordinances or regulations by the legal local government body. (f) (1) However, when a system of either water, sewerage, or gas has been or will be established and has not provided for a local board or inspector to supervise plumbing or gas, the department may take immediate charge and entire control of the plumbing inspection program. (2) The State Board of Health shall prescribe full rules including permits, permit fees, and inspections. (g) When the plumbing control program of a county, city, town, water district, water association, sewerage district, sewer association, or water, sewer, or gas utility fails to provide a program at least equal to the minimum requirements of the department, the department shall take measures to meet the minimum state requirements to protect the public health and safety of the county, city, town, water district, water association, sewerage district, or water, sewer, or gas utility. (h) (1) If a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county enacts an ordinance or regulation to provide for plan reviews of plumbing plans, the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may have an employee who is certified as a plumbing and natural gas inspector perform plan reviews of plumbing plans. (2) (A) (i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be: (a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or (b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state. (ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion. (B) The department shall not require the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county to relinquish or surrender a fee submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county. (C) The maximum allowable fee for a plan review under subdivision (h)(1) of this section shall not exceed the fees set out in § 20-7-123(b)(2) . (3) (A) An employee who performs a plan review under subdivision (h)(1) of this section has the responsibility to ensure that the plumbing plan meets state requirements. (B) The department may audit or inspect the records of an employee who performs a plan review under subdivision (h)(1) of this section. (4) This section does not: (A) Create a cause of action against a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county for any resulting damages or failures of the plumbing plan; or (B) Prohibit a person from seeking a plan review from and paying a fee to the department in lieu of seeking a plan review from and paying a fee to a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county. (5) A plumbing plan review under this section includes a review of the plumbing as defined in § 17-38-101 and the water supply, water lines, and sewage line designs. Amended by Act 2019, No. 889,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 157,§ 1, eff. 8/1/2017. Acts 1951, No. 200, §§ 4, 5; 1975, No. 902, §§ 4, 5; A.S.A. 1947, §§ 71-1208, 71-1209; Acts 1987, No. 816, §§ 4, 5.

(a) A city, town, or county having a system of either water, sewerage, or gas utility, or a combination of utilities, by ordinance, rules, regulations, or customer contract shall prescribe rules and regulations governing plumbing not in conflict and equal to or exceeding the minimum standards prescribed by the Department of Health.

(b) A plumbing installation shall not be: (1) Installed in any building within this state except in accordance with or exceeding the minimum requirements of the department; or (2) Started without the prescribed licenses, permits, and acceptable plan review of plumbing plans and specifications when required.

(1) Installed in any building within this state except in accordance with or exceeding the minimum requirements of the department; or

(2) Started without the prescribed licenses, permits, and acceptable plan review of plumbing plans and specifications when required.

(c) A city, town, sewerage district, water district, sewer association, water association, utility gas system, or county having a system of either water, sewerage, or gas utility, or a combination of utilities, shall establish a system of permits and inspections to assure that the public health and safety is protected.

(d) Reasonable fees for inspections may be charged.

(e) This chapter does not prohibit a city, town, or county from having full authority to provide full supervision of the inspection of plumbing and plumbers by enactment of ordinances or regulations by the legal local government body.

(f) (1) However, when a system of either water, sewerage, or gas has been or will be established and has not provided for a local board or inspector to supervise plumbing or gas, the department may take immediate charge and entire control of the plumbing inspection program. (2) The State Board of Health shall prescribe full rules including permits, permit fees, and inspections.

(1) However, when a system of either water, sewerage, or gas has been or will be established and has not provided for a local board or inspector to supervise plumbing or gas, the department may take immediate charge and entire control of the plumbing inspection program.

(2) The State Board of Health shall prescribe full rules including permits, permit fees, and inspections.

(g) When the plumbing control program of a county, city, town, water district, water association, sewerage district, sewer association, or water, sewer, or gas utility fails to provide a program at least equal to the minimum requirements of the department, the department shall take measures to meet the minimum state requirements to protect the public health and safety of the county, city, town, water district, water association, sewerage district, or water, sewer, or gas utility.

(h) (1) If a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county enacts an ordinance or regulation to provide for plan reviews of plumbing plans, the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may have an employee who is certified as a plumbing and natural gas inspector perform plan reviews of plumbing plans. (2) (A) (i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be: (a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or (b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state. (ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion. (B) The department shall not require the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county to relinquish or surrender a fee submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county. (C) The maximum allowable fee for a plan review under subdivision (h)(1) of this section shall not exceed the fees set out in § 20-7-123(b)(2) . (3) (A) An employee who performs a plan review under subdivision (h)(1) of this section has the responsibility to ensure that the plumbing plan meets state requirements. (B) The department may audit or inspect the records of an employee who performs a plan review under subdivision (h)(1) of this section. (4) This section does not: (A) Create a cause of action against a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county for any resulting damages or failures of the plumbing plan; or (B) Prohibit a person from seeking a plan review from and paying a fee to the department in lieu of seeking a plan review from and paying a fee to a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county. (5) A plumbing plan review under this section includes a review of the plumbing as defined in § 17-38-101 and the water supply, water lines, and sewage line designs.

(1) If a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county enacts an ordinance or regulation to provide for plan reviews of plumbing plans, the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may have an employee who is certified as a plumbing and natural gas inspector perform plan reviews of plumbing plans.

(2) (A) (i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be: (a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or (b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state. (ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion. (B) The department shall not require the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county to relinquish or surrender a fee submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county. (C) The maximum allowable fee for a plan review under subdivision (h)(1) of this section shall not exceed the fees set out in § 20-7-123(b)(2) .

(A) (i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be: (a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or (b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state. (ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion.

(i) All plumbing plans approved under subdivision (h)(1) of this section shall not be required to be: (a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or (b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state.

(a) Submitted with a payment of a fee to the department if a fee is submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county; or

(b) Reviewed by the department if an engineer licensed in this state has prepared the plumbing plan and the employee described under subdivision (h)(1) of this section is a licensed engineer in this state.

(ii) However, a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county may submit a plumbing plan to the department for an advisory opinion.

(B) The department shall not require the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county to relinquish or surrender a fee submitted to the city, town, sewerage district, water district, sewer association, water association, utility gas system, or county.

(C) The maximum allowable fee for a plan review under subdivision (h)(1) of this section shall not exceed the fees set out in § 20-7-123(b)(2) .

(3) (A) An employee who performs a plan review under subdivision (h)(1) of this section has the responsibility to ensure that the plumbing plan meets state requirements. (B) The department may audit or inspect the records of an employee who performs a plan review under subdivision (h)(1) of this section.

(A) An employee who performs a plan review under subdivision (h)(1) of this section has the responsibility to ensure that the plumbing plan meets state requirements.

(B) The department may audit or inspect the records of an employee who performs a plan review under subdivision (h)(1) of this section.

(4) This section does not: (A) Create a cause of action against a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county for any resulting damages or failures of the plumbing plan; or (B) Prohibit a person from seeking a plan review from and paying a fee to the department in lieu of seeking a plan review from and paying a fee to a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county.

(A) Create a cause of action against a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county for any resulting damages or failures of the plumbing plan; or

(B) Prohibit a person from seeking a plan review from and paying a fee to the department in lieu of seeking a plan review from and paying a fee to a city, town, sewerage district, water district, sewer association, water association, utility gas system, or county.

(5) A plumbing plan review under this section includes a review of the plumbing as defined in § 17-38-101 and the water supply, water lines, and sewage line designs.

Amended by Act 2019, No. 889,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 157,§ 1, eff. 8/1/2017.

Acts 1951, No. 200, §§ 4, 5; 1975, No. 902, §§ 4, 5; A.S.A. 1947, §§ 71-1208, 71-1209; Acts 1987, No. 816, §§ 4, 5.
Ark. Code Ann. § 17-12-201 — AR Code / Title 17 / Chapter 12 / Subchapter 2 / Section 17-12-201
Creation - Members
Status: in_force

(a) There is created the Arkansas State Board of Public Accountancy. (b) (1) The board shall consist of seven (7) members, appointed by the Governor for terms of five (5) years. (2) Five (5) members of the board shall be residents of this state who are certified public accountants. (3) (A) Two (2) members of the board shall be residents of this state and shall not be actively engaged in or retired from the profession of accounting. (B) Both members of the board appointed under subdivision (b)(3)(A) of this section shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions appointed under subdivision (b)(3)(A) of this section may not be held by the same person. (c) (1) Vacancies occurring during a term shall be filled by appointment for the unexpired term. (2) Upon the expiration of the term of office, a member shall continue to serve until his or her successor shall have been appointed and shall have qualified. (3) The Governor shall remove from the board any professional member whose license has become void or has been revoked or suspended and, after hearing, may remove any member of the board for neglect of duty or other just cause. (4) Board members who have completed a full term may be reappointed for one (1) additional five-year term. (5) Appointment to fill an unexpired term is not to be considered a complete term. (d) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 759,§ 1, eff. 4/12/2023. Acts 1975, No. 160, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-612; Acts 1997, No. 250, § 122; 1999, No. 180, §§ 8, 9.

(a) There is created the Arkansas State Board of Public Accountancy.

(b) (1) The board shall consist of seven (7) members, appointed by the Governor for terms of five (5) years. (2) Five (5) members of the board shall be residents of this state who are certified public accountants. (3) (A) Two (2) members of the board shall be residents of this state and shall not be actively engaged in or retired from the profession of accounting. (B) Both members of the board appointed under subdivision (b)(3)(A) of this section shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions appointed under subdivision (b)(3)(A) of this section may not be held by the same person.

(1) The board shall consist of seven (7) members, appointed by the Governor for terms of five (5) years.

(2) Five (5) members of the board shall be residents of this state who are certified public accountants.

(3) (A) Two (2) members of the board shall be residents of this state and shall not be actively engaged in or retired from the profession of accounting. (B) Both members of the board appointed under subdivision (b)(3)(A) of this section shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions appointed under subdivision (b)(3)(A) of this section may not be held by the same person.

(A) Two (2) members of the board shall be residents of this state and shall not be actively engaged in or retired from the profession of accounting.

(B) Both members of the board appointed under subdivision (b)(3)(A) of this section shall be appointed from the state at large subject to confirmation by the Senate.

(C) The two (2) positions appointed under subdivision (b)(3)(A) of this section may not be held by the same person.

(c) (1) Vacancies occurring during a term shall be filled by appointment for the unexpired term. (2) Upon the expiration of the term of office, a member shall continue to serve until his or her successor shall have been appointed and shall have qualified. (3) The Governor shall remove from the board any professional member whose license has become void or has been revoked or suspended and, after hearing, may remove any member of the board for neglect of duty or other just cause. (4) Board members who have completed a full term may be reappointed for one (1) additional five-year term. (5) Appointment to fill an unexpired term is not to be considered a complete term.

(1) Vacancies occurring during a term shall be filled by appointment for the unexpired term.

(2) Upon the expiration of the term of office, a member shall continue to serve until his or her successor shall have been appointed and shall have qualified.

(3) The Governor shall remove from the board any professional member whose license has become void or has been revoked or suspended and, after hearing, may remove any member of the board for neglect of duty or other just cause.

(4) Board members who have completed a full term may be reappointed for one (1) additional five-year term.

(5) Appointment to fill an unexpired term is not to be considered a complete term.

(d) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 759,§ 1, eff. 4/12/2023.

Acts 1975, No. 160, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-612; Acts 1997, No. 250, § 122; 1999, No. 180, §§ 8, 9.
Ark. Code Ann. § 17-81-206 — AR Code / Title 17 / Chapter 81 / Subchapter 2 / Section 17-81-206
Duties and powers
Status: in_force

(a) (1) The Arkansas State Board of Chiropractic Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its functions. (2) Each member of the board may receive expense reimbursement and stipends in accordance with §§ 25-16-901 , 25-16-902 , and 25-16-904 - 25-16-908 . (3) All of the disbursements provided for in this section shall be out of the fees and fines collected by the board. (b) The board is authorized to: (1) Promulgate suitable rules for carrying out its duties under the provisions of this chapter; (2) Sue and be sued; (3) Have an official seal which shall bear the words "Arkansas State Board of Chiropractic Examiners"; (4) Provide a Secretary of the Arkansas State Board of Chiropractic Examiners' certificate. The certificate of the secretary of the board under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the board and shall likewise be accepted in the courts of the state as the best evidence as to the registration and nonregistration of any person under the requirements of this chapter; (5) Adopt and, from time to time, revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter; (6) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses therefor; (7) Keep a record of all its proceedings; (8) Employ a Director of the Arkansas State Board of Chiropractic Examiners, in consultation with the Secretary of the Department of Health, as may be necessary to carry out the work of the board, who shall have their duties and compensation prescribed by the board within appropriations for that purpose; (9) Examine, license, and renew the licenses of duly qualified applicants. The board shall have exclusive jurisdiction to determine who shall be permitted to practice chiropractic in the State of Arkansas; and (10) Conduct disciplinary proceedings as provided in this chapter. (c) (1) In the performance of its duties, the board may issue subpoenas for the purpose of examining into any facts or conditions properly pending before the board for action, including without limitation persons, records, or documents. (2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts. (3) All persons subpoenaed by the board are entitled to their pay and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts. Amended by Act 2019, No. 315,§ 1509, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1508, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4869, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4868, eff. 7/1/2019. Amended by Act 2017, No. 397,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 397,§ 2, eff. 8/1/2017. Acts 1971, No. 706, §§ 6, 9; 1977, No. 199, § 3; 1981, No. 51, § 2; 1983, No. 504, § 1; A.S.A. 1947, §§ 72-420, 72-423; Acts 1987, No. 354, § 2; 1997, No. 250, § 154; 1999, No. 1553, § 4.

(a) (1) The Arkansas State Board of Chiropractic Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its functions. (2) Each member of the board may receive expense reimbursement and stipends in accordance with §§ 25-16-901 , 25-16-902 , and 25-16-904 - 25-16-908 . (3) All of the disbursements provided for in this section shall be out of the fees and fines collected by the board.

(1) The Arkansas State Board of Chiropractic Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its functions.

(2) Each member of the board may receive expense reimbursement and stipends in accordance with §§ 25-16-901 , 25-16-902 , and 25-16-904 - 25-16-908 .

(3) All of the disbursements provided for in this section shall be out of the fees and fines collected by the board.

(b) The board is authorized to: (1) Promulgate suitable rules for carrying out its duties under the provisions of this chapter; (2) Sue and be sued; (3) Have an official seal which shall bear the words "Arkansas State Board of Chiropractic Examiners"; (4) Provide a Secretary of the Arkansas State Board of Chiropractic Examiners' certificate. The certificate of the secretary of the board under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the board and shall likewise be accepted in the courts of the state as the best evidence as to the registration and nonregistration of any person under the requirements of this chapter; (5) Adopt and, from time to time, revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter; (6) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses therefor; (7) Keep a record of all its proceedings; (8) Employ a Director of the Arkansas State Board of Chiropractic Examiners, in consultation with the Secretary of the Department of Health, as may be necessary to carry out the work of the board, who shall have their duties and compensation prescribed by the board within appropriations for that purpose; (9) Examine, license, and renew the licenses of duly qualified applicants. The board shall have exclusive jurisdiction to determine who shall be permitted to practice chiropractic in the State of Arkansas; and (10) Conduct disciplinary proceedings as provided in this chapter.

(1) Promulgate suitable rules for carrying out its duties under the provisions of this chapter;

(2) Sue and be sued;

(3) Have an official seal which shall bear the words "Arkansas State Board of Chiropractic Examiners";

(4) Provide a Secretary of the Arkansas State Board of Chiropractic Examiners' certificate. The certificate of the secretary of the board under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the board and shall likewise be accepted in the courts of the state as the best evidence as to the registration and nonregistration of any person under the requirements of this chapter;

(5) Adopt and, from time to time, revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter;

(6) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses therefor;

(7) Keep a record of all its proceedings;

(8) Employ a Director of the Arkansas State Board of Chiropractic Examiners, in consultation with the Secretary of the Department of Health, as may be necessary to carry out the work of the board, who shall have their duties and compensation prescribed by the board within appropriations for that purpose;

(9) Examine, license, and renew the licenses of duly qualified applicants. The board shall have exclusive jurisdiction to determine who shall be permitted to practice chiropractic in the State of Arkansas; and

(10) Conduct disciplinary proceedings as provided in this chapter.

(c) (1) In the performance of its duties, the board may issue subpoenas for the purpose of examining into any facts or conditions properly pending before the board for action, including without limitation persons, records, or documents. (2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts. (3) All persons subpoenaed by the board are entitled to their pay and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts.

(1) In the performance of its duties, the board may issue subpoenas for the purpose of examining into any facts or conditions properly pending before the board for action, including without limitation persons, records, or documents.

(2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.

(3) All persons subpoenaed by the board are entitled to their pay and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts.

Amended by Act 2019, No. 315,§ 1509, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1508, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4869, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4868, eff. 7/1/2019.

Amended by Act 2017, No. 397,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 397,§ 2, eff. 8/1/2017.

Acts 1971, No. 706, §§ 6, 9; 1977, No. 199, § 3; 1981, No. 51, § 2; 1983, No. 504, § 1; A.S.A. 1947, §§ 72-420, 72-423; Acts 1987, No. 354, § 2; 1997, No. 250, § 154; 1999, No. 1553, § 4.
Ark. Code Ann. § 17-82-405 — AR Code / Title 17 / Chapter 82 / Subchapter 4 / Section 17-82-405
Annual registration
Status: in_force

(a) (1) For dental assistants who perform expanded duties, all permits issued by the Arkansas State Board of Dental Examiners shall continue in full force and effect until forfeited, suspended, or revoked. (2) However, on January 1 of odd-numbered years every dental assistant must register his or her permit with the board on forms prepared and furnished by the board. (b) A registration fee of not more than sixty dollars ($60.00) to be fixed by the board must be paid to the board upon the filing of the form duly executed with the board. (c) The procedures for registration and penalties for failure to register permits of dentists as stated in §§ 17-82-310 - 17-82-314 will apply to the registration of permits by dental assistants. Acts 1985, No. 473, § 5; A.S.A. 1947, § 72-575; Acts 2003, No. 377, § 8.

(a) (1) For dental assistants who perform expanded duties, all permits issued by the Arkansas State Board of Dental Examiners shall continue in full force and effect until forfeited, suspended, or revoked. (2) However, on January 1 of odd-numbered years every dental assistant must register his or her permit with the board on forms prepared and furnished by the board.

(1) For dental assistants who perform expanded duties, all permits issued by the Arkansas State Board of Dental Examiners shall continue in full force and effect until forfeited, suspended, or revoked.

(2) However, on January 1 of odd-numbered years every dental assistant must register his or her permit with the board on forms prepared and furnished by the board.

(b) A registration fee of not more than sixty dollars ($60.00) to be fixed by the board must be paid to the board upon the filing of the form duly executed with the board.

(c) The procedures for registration and penalties for failure to register permits of dentists as stated in §§ 17-82-310 - 17-82-314 will apply to the registration of permits by dental assistants.

Acts 1985, No. 473, § 5; A.S.A. 1947, § 72-575; Acts 2003, No. 377, § 8.
Ark. Code Ann. § 17-28-204 — AR Code / Title 17 / Chapter 28 / Subchapter 2 / Section 17-28-204
Hearing - Appeal
Status: in_force

All hearings conducted by the Board of Electrical Examiners of the State of Arkansas and all appeals taken from the decisions of the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1997, No. 1289, § 6.

All hearings conducted by the Board of Electrical Examiners of the State of Arkansas and all appeals taken from the decisions of the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1997, No. 1289, § 6.
Ark. Code Ann. § 17-19-111 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-111
Fees
Status: in_force

(a) Notwithstanding any other provisions of this chapter to the contrary, and notwithstanding any other provisions of Arkansas law to the contrary, a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 is hereby required to charge, collect, and remit the following fees into the Bail Bondsman Board Fund for the support, personnel, maintenance, and operations of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board and for the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission, in addition to any other fees, taxes, premium taxes, levies, or other assessments imposed in connection with the issuance of bail bonds under Arkansas law. (b) (1) In addition to the bail or appearance bond premium or compensation allowed under § 17-19-301 , each licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 shall charge and collect as a nonrefundable fee for the Bail Bondsman Board Fund an additional fee of ten dollars ($10.00) per bail bond for giving bond for each bail and appearance bond issued by the licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 by or through its individual licensees. (2) The fee shall be collected quarterly and then reported and filed with the board no later than fifteen (15) calendar days after the end of each quarter. (3) The notarized quarterly reporting form and a notarized annual reconciliation form as to all fees collected for the Bail Bondsman Board Fund shall be filed by each professional bail bond company on forms prescribed by the board and at the times and in the manner as the board shall prescribe in conformity with this section. (4) A paper-processing charge of fifteen dollars ($15.00) shall be collected on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reporting requirements contained in this section and to further defray the surety's costs incurred in the collection of all fees due, owing, and collected on behalf of the Bail Bondsman Board Fund and the surety's costs incurred in the preparation of all required reports submitted in conformance with the standards established by the American Institute of Certified Public Accountants. (c) (1) The board may grant an extension for the filing of the report and fees for good cause shown upon timely written request. (2) Absent an extension for good cause shown, each licensed professional bail bond company failing to report or pay these fees shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency. (3) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties. (d) (1) Upon collection of the fees and any monetary penalties, the board shall deposit or fund: (A) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board; and (B) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission. (2) The fees and penalties shall be in addition to all other fees, licensure or registration fees, taxes, assessments, levies, or penalties payable to any federal or state office, court, agency, board, or commission or other public official or officer of the state, or its political subdivisions, including counties, cities, or municipalities, by a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 . (3) (A) Each bail bondsman is required to assist in collection of the fees but is exempt from the payment of the fees to the Bail Bondsman Board Fund unless he or she misappropriates or converts such moneys to his or her own use or to the use of others not entitled to the fees. (B) In that case, the board shall proceed on behalf of the Bail Bondsman Board Fund with any civil or criminal remedies at its disposal against the individual responsible. (C) Upon criminal conviction of the individual responsible for fraudulent conversion of the moneys due the Bail Bondsman Board Fund, the individual responsible shall pay restitution to the Bail Bondsman Board Fund, and the court shall incorporate a finding to that effect in its order. (D) Absent substantial evidence to the contrary, the violations by the individual may be attributed to the employing bail bond company, and any criminal or civil court may, in its discretion and upon substantial evidence, order the employing bail bond company to pay restitution to the Bail Bondsman Board Fund on behalf of the responsible individual and shall incorporate that finding into its order. (e) For purposes of any statutory security deposit Arkansas law requires of professional bail bond companies, including, but not limited to, the deposit under § 17-19-205 , the payment of the fees required by this section is considered to be a duty of the licensee, so as to allow the board on behalf of the Bail Bondsman Board Fund to make a claim against any such deposit for the fees required by this section and any penalties owed on the fees, up to the limit of any security deposit. (f) Under no circumstances shall the fees or penalties held in or for deposit into the Bail Bondsman Board Fund be subject to any tax, levy, or assessment of any kind, including, but not limited to, bond forfeiture claims, garnishment or general creditors' claims, remedies under Title 16 of this Code, or other provisions of Arkansas law. Amended by Act 2015, No. 1156,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1281,§ 1, eff. 8/16/2013. Acts 1993, No. 901, § 31; 1997, No. 1096, § 1; 1997, No. 1248, § 39; 2007, No. 730, § 1.

(a) Notwithstanding any other provisions of this chapter to the contrary, and notwithstanding any other provisions of Arkansas law to the contrary, a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 is hereby required to charge, collect, and remit the following fees into the Bail Bondsman Board Fund for the support, personnel, maintenance, and operations of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board and for the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission, in addition to any other fees, taxes, premium taxes, levies, or other assessments imposed in connection with the issuance of bail bonds under Arkansas law.

(b) (1) In addition to the bail or appearance bond premium or compensation allowed under § 17-19-301 , each licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 shall charge and collect as a nonrefundable fee for the Bail Bondsman Board Fund an additional fee of ten dollars ($10.00) per bail bond for giving bond for each bail and appearance bond issued by the licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 by or through its individual licensees. (2) The fee shall be collected quarterly and then reported and filed with the board no later than fifteen (15) calendar days after the end of each quarter. (3) The notarized quarterly reporting form and a notarized annual reconciliation form as to all fees collected for the Bail Bondsman Board Fund shall be filed by each professional bail bond company on forms prescribed by the board and at the times and in the manner as the board shall prescribe in conformity with this section. (4) A paper-processing charge of fifteen dollars ($15.00) shall be collected on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reporting requirements contained in this section and to further defray the surety's costs incurred in the collection of all fees due, owing, and collected on behalf of the Bail Bondsman Board Fund and the surety's costs incurred in the preparation of all required reports submitted in conformance with the standards established by the American Institute of Certified Public Accountants.

(1) In addition to the bail or appearance bond premium or compensation allowed under § 17-19-301 , each licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 shall charge and collect as a nonrefundable fee for the Bail Bondsman Board Fund an additional fee of ten dollars ($10.00) per bail bond for giving bond for each bail and appearance bond issued by the licensed professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 by or through its individual licensees.

(2) The fee shall be collected quarterly and then reported and filed with the board no later than fifteen (15) calendar days after the end of each quarter.

(3) The notarized quarterly reporting form and a notarized annual reconciliation form as to all fees collected for the Bail Bondsman Board Fund shall be filed by each professional bail bond company on forms prescribed by the board and at the times and in the manner as the board shall prescribe in conformity with this section.

(4) A paper-processing charge of fifteen dollars ($15.00) shall be collected on each bail bond in order to defray the surety's costs incurred by the quarterly and annual reporting requirements contained in this section and to further defray the surety's costs incurred in the collection of all fees due, owing, and collected on behalf of the Bail Bondsman Board Fund and the surety's costs incurred in the preparation of all required reports submitted in conformance with the standards established by the American Institute of Certified Public Accountants.

(c) (1) The board may grant an extension for the filing of the report and fees for good cause shown upon timely written request. (2) Absent an extension for good cause shown, each licensed professional bail bond company failing to report or pay these fees shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency. (3) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties.

(1) The board may grant an extension for the filing of the report and fees for good cause shown upon timely written request.

(2) Absent an extension for good cause shown, each licensed professional bail bond company failing to report or pay these fees shall be liable to the Bail Bondsman Board Fund for a monetary penalty of one hundred dollars ($100) per day for each day of delinquency.

(3) The board may pursue any appropriate legal remedies on behalf of the Bail Bondsman Board Fund to collect any delinquent fees and penalties.

(d) (1) Upon collection of the fees and any monetary penalties, the board shall deposit or fund: (A) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board; and (B) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission. (2) The fees and penalties shall be in addition to all other fees, licensure or registration fees, taxes, assessments, levies, or penalties payable to any federal or state office, court, agency, board, or commission or other public official or officer of the state, or its political subdivisions, including counties, cities, or municipalities, by a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 . (3) (A) Each bail bondsman is required to assist in collection of the fees but is exempt from the payment of the fees to the Bail Bondsman Board Fund unless he or she misappropriates or converts such moneys to his or her own use or to the use of others not entitled to the fees. (B) In that case, the board shall proceed on behalf of the Bail Bondsman Board Fund with any civil or criminal remedies at its disposal against the individual responsible. (C) Upon criminal conviction of the individual responsible for fraudulent conversion of the moneys due the Bail Bondsman Board Fund, the individual responsible shall pay restitution to the Bail Bondsman Board Fund, and the court shall incorporate a finding to that effect in its order. (D) Absent substantial evidence to the contrary, the violations by the individual may be attributed to the employing bail bond company, and any criminal or civil court may, in its discretion and upon substantial evidence, order the employing bail bond company to pay restitution to the Bail Bondsman Board Fund on behalf of the responsible individual and shall incorporate that finding into its order.

(1) Upon collection of the fees and any monetary penalties, the board shall deposit or fund: (A) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board; and (B) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(A) Sufficient fees and penalties directly into the Bail Bondsman Board Fund to provide for the personal services and operating expenses of the board; and

(B) The remainder of all fees and penalties directly into the Domestic Peace Fund administered by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(2) The fees and penalties shall be in addition to all other fees, licensure or registration fees, taxes, assessments, levies, or penalties payable to any federal or state office, court, agency, board, or commission or other public official or officer of the state, or its political subdivisions, including counties, cities, or municipalities, by a professional bail bond company, county sheriff, keeper of a jail, or other person authorized to take bond under § 16-84-102 .

(3) (A) Each bail bondsman is required to assist in collection of the fees but is exempt from the payment of the fees to the Bail Bondsman Board Fund unless he or she misappropriates or converts such moneys to his or her own use or to the use of others not entitled to the fees. (B) In that case, the board shall proceed on behalf of the Bail Bondsman Board Fund with any civil or criminal remedies at its disposal against the individual responsible. (C) Upon criminal conviction of the individual responsible for fraudulent conversion of the moneys due the Bail Bondsman Board Fund, the individual responsible shall pay restitution to the Bail Bondsman Board Fund, and the court shall incorporate a finding to that effect in its order. (D) Absent substantial evidence to the contrary, the violations by the individual may be attributed to the employing bail bond company, and any criminal or civil court may, in its discretion and upon substantial evidence, order the employing bail bond company to pay restitution to the Bail Bondsman Board Fund on behalf of the responsible individual and shall incorporate that finding into its order.

(A) Each bail bondsman is required to assist in collection of the fees but is exempt from the payment of the fees to the Bail Bondsman Board Fund unless he or she misappropriates or converts such moneys to his or her own use or to the use of others not entitled to the fees.

(B) In that case, the board shall proceed on behalf of the Bail Bondsman Board Fund with any civil or criminal remedies at its disposal against the individual responsible.

(C) Upon criminal conviction of the individual responsible for fraudulent conversion of the moneys due the Bail Bondsman Board Fund, the individual responsible shall pay restitution to the Bail Bondsman Board Fund, and the court shall incorporate a finding to that effect in its order.

(D) Absent substantial evidence to the contrary, the violations by the individual may be attributed to the employing bail bond company, and any criminal or civil court may, in its discretion and upon substantial evidence, order the employing bail bond company to pay restitution to the Bail Bondsman Board Fund on behalf of the responsible individual and shall incorporate that finding into its order.

(e) For purposes of any statutory security deposit Arkansas law requires of professional bail bond companies, including, but not limited to, the deposit under § 17-19-205 , the payment of the fees required by this section is considered to be a duty of the licensee, so as to allow the board on behalf of the Bail Bondsman Board Fund to make a claim against any such deposit for the fees required by this section and any penalties owed on the fees, up to the limit of any security deposit.

(f) Under no circumstances shall the fees or penalties held in or for deposit into the Bail Bondsman Board Fund be subject to any tax, levy, or assessment of any kind, including, but not limited to, bond forfeiture claims, garnishment or general creditors' claims, remedies under Title 16 of this Code, or other provisions of Arkansas law.

Amended by Act 2015, No. 1156,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1281,§ 1, eff. 8/16/2013.

Acts 1993, No. 901, § 31; 1997, No. 1096, § 1; 1997, No. 1248, § 39; 2007, No. 730, § 1.
Ark. Code Ann. § 17-87-704 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-704
Qualifications
Status: in_force

(a) In order to be certified as a medication assistive person, an applicant shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant: (1) (A) Is currently listed in good standing on the state's certified nurse aide registry; (B) Has maintained registration on the state's certified nurse aide registry continuously for a minimum of one (1) year; (C) Has completed at least one (1) continuous year of full-time experience as a certified nurse aide in this state; (D) Is currently employed at a designated facility; (E) Has a high school diploma or the equivalent; (F) Has successfully completed a literacy and reading comprehension screening process approved by the board; (G) Has successfully completed a medication assistive person training course of not less than one hundred (100) hours approved by the board; and (H) Has successfully passed an examination on subjects the board determines; or (2) (A) Has completed a portion of a nursing education program equivalent to the medication assistive person training course; and (B) Passed the medication aide examination. (b) The board may issue a certification as a medication assistive person by endorsement to an applicant who has been licensed or certified as a medication assistive person under the laws of another state or territory, if: (1) In the opinion of the board, the applicant meets the qualifications of medication assistive persons in this state; and (2) The board recommends certification. (c) Any person holding a certification as a medication assistive person shall have the right to use the title "medication assistive person" and the abbreviation "M.A.P.". (d) The training courses for medication assistive persons may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities. Amended by Act 2021, No. 759,§ 2, eff. 7/28/2021. Acts 2005, No. 1423, § 4; 2007, No. 206, § 1.

(a) In order to be certified as a medication assistive person, an applicant shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant: (1) (A) Is currently listed in good standing on the state's certified nurse aide registry; (B) Has maintained registration on the state's certified nurse aide registry continuously for a minimum of one (1) year; (C) Has completed at least one (1) continuous year of full-time experience as a certified nurse aide in this state; (D) Is currently employed at a designated facility; (E) Has a high school diploma or the equivalent; (F) Has successfully completed a literacy and reading comprehension screening process approved by the board; (G) Has successfully completed a medication assistive person training course of not less than one hundred (100) hours approved by the board; and (H) Has successfully passed an examination on subjects the board determines; or (2) (A) Has completed a portion of a nursing education program equivalent to the medication assistive person training course; and (B) Passed the medication aide examination.

(1) (A) Is currently listed in good standing on the state's certified nurse aide registry; (B) Has maintained registration on the state's certified nurse aide registry continuously for a minimum of one (1) year; (C) Has completed at least one (1) continuous year of full-time experience as a certified nurse aide in this state; (D) Is currently employed at a designated facility; (E) Has a high school diploma or the equivalent; (F) Has successfully completed a literacy and reading comprehension screening process approved by the board; (G) Has successfully completed a medication assistive person training course of not less than one hundred (100) hours approved by the board; and (H) Has successfully passed an examination on subjects the board determines; or

(A) Is currently listed in good standing on the state's certified nurse aide registry;

(B) Has maintained registration on the state's certified nurse aide registry continuously for a minimum of one (1) year;

(C) Has completed at least one (1) continuous year of full-time experience as a certified nurse aide in this state;

(D) Is currently employed at a designated facility;

(E) Has a high school diploma or the equivalent;

(F) Has successfully completed a literacy and reading comprehension screening process approved by the board;

(G) Has successfully completed a medication assistive person training course of not less than one hundred (100) hours approved by the board; and

(H) Has successfully passed an examination on subjects the board determines; or

(2) (A) Has completed a portion of a nursing education program equivalent to the medication assistive person training course; and (B) Passed the medication aide examination.

(A) Has completed a portion of a nursing education program equivalent to the medication assistive person training course; and

(B) Passed the medication aide examination.

(b) The board may issue a certification as a medication assistive person by endorsement to an applicant who has been licensed or certified as a medication assistive person under the laws of another state or territory, if: (1) In the opinion of the board, the applicant meets the qualifications of medication assistive persons in this state; and (2) The board recommends certification.

(1) In the opinion of the board, the applicant meets the qualifications of medication assistive persons in this state; and

(2) The board recommends certification.

(c) Any person holding a certification as a medication assistive person shall have the right to use the title "medication assistive person" and the abbreviation "M.A.P.".

(d) The training courses for medication assistive persons may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities.

Amended by Act 2021, No. 759,§ 2, eff. 7/28/2021.

Acts 2005, No. 1423, § 4; 2007, No. 206, § 1.
Ark. Code Ann. § 17-25-609 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-609
Expiration of certification - Fees
Status: in_force

(a) A roofing contractor registration certificate issued by the Residential Contractors Committee shall expire one (1) year after the date of issuance unless otherwise provided by the committee. (b) The committee may charge reasonable delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for a new roofing contractor registration certificate or the renewal of a roofing contractor registration certificate. (c) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the committee to implement this subchapter. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

(a) A roofing contractor registration certificate issued by the Residential Contractors Committee shall expire one (1) year after the date of issuance unless otherwise provided by the committee.

(b) The committee may charge reasonable delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for a new roofing contractor registration certificate or the renewal of a roofing contractor registration certificate.

(c) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the committee to implement this subchapter.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-32-314 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-314
Filing and service
Status: in_force

All appeals from a decision of the State Board of Registration for Professional Geologists, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the Secretary-treasurer of the State Board of Registration for Professional Geologists at his or her office. Acts 1987, No. 470, § 7; 1987, No. 701, § 7.

All appeals from a decision of the State Board of Registration for Professional Geologists, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board shall be filed with or served upon the Secretary-treasurer of the State Board of Registration for Professional Geologists at his or her office.

Acts 1987, No. 470, § 7; 1987, No. 701, § 7.
Ark. Code Ann. § 17-29-304 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-304
Funeral establishment - Requirements
Status: in_force

(a) (1) A person shall not conduct, maintain, manage, or operate a funeral establishment in this state unless the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has issued a license for the funeral establishment and the license is displayed in the funeral establishment. (2) A price list, statement of funeral goods and services, publication, advertisement, or other document of a funeral establishment shall: (A) Accurately reflect the name and location of the funeral establishment on file with the board; (B) Accurately describe each location to which the price list, statement, publication, advertisement, or document applies; and (C) Include additional annual requirements as determined by rule of the board. (3) A funeral establishment shall: (A) Establish a permanent place of business; (B) Maintain a working telephone number for the funeral establishment; (C) Maintain working public utilities, including without limitation running water, electricity, and a functioning heating and cooling system; and (D) Ensure that the interior of the funeral establishment is protected from exposure to outside elements. (4) A funeral establishment may display a sign at each location of the funeral establishment that indicates the registered name of the funeral establishment that is on file with the board. (b) (1) (A) Except as provided in subdivision (b)(2) of this section, the board shall not issue a license to operate a full-service funeral establishment unless the establishment has employed a full-time manager who: (i) Is a licensed funeral director; (ii) Actively supervises the staff of the establishment; and (iii) Is not employed by a nonaffiliated funeral establishment. (B) A funeral establishment shall: (i) Be open for business and available for inspection by the board during normal business hours; and (ii) Post conspicuously its hours of operation on the premises of the funeral establishment. (2) A funeral establishment that is a part of a multiunit enterprise within this state may employ only one (1) full-time manager who is licensed as a funeral director for a branch of the funeral establishment if the full-time manager: (A) Is reasonably accessible to the branch of the funeral establishment; and (B) Resides within fifty (50) miles of the branch of the funeral establishment. (c) Application for the funeral establishment licenses shall be made on forms furnished by the board. (d) All embalming therein shall be performed by or under the direct supervision of an Arkansas-licensed embalmer. (e) (1) A funeral establishment that conducts embalming shall have a preparation room for embalming that has: (A) Sanitary floors, walls, and ceilings that are constructed from a washable surface; (B) Adequate sanitary drainage and disposal facilities, including hot and cold running water; (C) An exhaust system that provides proper ventilation according to the standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases; (D) A heating and cooling system that is separate from the rest of the funeral establishment; (E) Privacy coverings on doorways and windows that prevent viewing of the preparation room and the contents of the preparation room; (F) A functional lock that prevents unauthorized entrance to the preparation room; (G) A biohazard waste disposal system that complies with § 20-32-101 et seq. and rules established by the Department of Health concerning the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities; and (H) Other requirements established by rule of the board. (2) The funeral establishment shall comply with the rules of the department and standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases. (f) Each funeral establishment using an available embalmer shall file with the board a notarized statement signed by the embalmer, stating that his or her services are available to the establishment at all times, and within a reasonable time after death occurs, not to exceed six (6) hours. (g) A funeral establishment shall: (1) Contain a separate conference room that is used to make funeral arrangements; (2) Display on site a reasonable number of caskets as determined by the board; (3) Maintain proper care and maintenance of the interior and exterior of the funeral establishment; (4) Maintain the interior and exterior of the funeral establishment in a manner that does not present a potential or actual hazard to the health, safety, or welfare of the public; and (5) (A) Maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board. (B) Accessibility to a refrigeration unit by a funeral establishment shall be reported as determined by rule of the board. (C) A multi-unit funeral establishment enterprise is required to maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board. (h) Mobile homes or mobile units are prohibited for use as a funeral establishment or branch thereof. No mobile home or mobile units shall be used for the performance of any function or service of a funeral establishment except in case of emergency as prescribed by the board. Mobile homes, modular units, manufactured homes, and similar mobile units may be granted a replacement license on a case-by-case basis. (i) (1) A funeral establishment shall provide proof of general liability insurance. (2) The board shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed funeral establishments. (j) Upon renewal of its license, a funeral establishment that is currently operating under this section shall be subject to the provisions in this section as determined by rules of the board. (k) Multiple funeral establishments are not permitted to share the same physical location without the prior approval of the board. Amended by Act 2019, No. 697,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 788,§ 12, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 11, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 10, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 9, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 24, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 23, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 22, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 21, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 20, eff. 7/22/2015. Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1999, No. 1138, § 4; 2003, No. 367, § 3; 2011, No. 874, § 2.

(a) (1) A person shall not conduct, maintain, manage, or operate a funeral establishment in this state unless the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has issued a license for the funeral establishment and the license is displayed in the funeral establishment. (2) A price list, statement of funeral goods and services, publication, advertisement, or other document of a funeral establishment shall: (A) Accurately reflect the name and location of the funeral establishment on file with the board; (B) Accurately describe each location to which the price list, statement, publication, advertisement, or document applies; and (C) Include additional annual requirements as determined by rule of the board. (3) A funeral establishment shall: (A) Establish a permanent place of business; (B) Maintain a working telephone number for the funeral establishment; (C) Maintain working public utilities, including without limitation running water, electricity, and a functioning heating and cooling system; and (D) Ensure that the interior of the funeral establishment is protected from exposure to outside elements. (4) A funeral establishment may display a sign at each location of the funeral establishment that indicates the registered name of the funeral establishment that is on file with the board.

(1) A person shall not conduct, maintain, manage, or operate a funeral establishment in this state unless the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has issued a license for the funeral establishment and the license is displayed in the funeral establishment.

(2) A price list, statement of funeral goods and services, publication, advertisement, or other document of a funeral establishment shall: (A) Accurately reflect the name and location of the funeral establishment on file with the board; (B) Accurately describe each location to which the price list, statement, publication, advertisement, or document applies; and (C) Include additional annual requirements as determined by rule of the board.

(A) Accurately reflect the name and location of the funeral establishment on file with the board;

(B) Accurately describe each location to which the price list, statement, publication, advertisement, or document applies; and

(C) Include additional annual requirements as determined by rule of the board.

(3) A funeral establishment shall: (A) Establish a permanent place of business; (B) Maintain a working telephone number for the funeral establishment; (C) Maintain working public utilities, including without limitation running water, electricity, and a functioning heating and cooling system; and (D) Ensure that the interior of the funeral establishment is protected from exposure to outside elements.

(A) Establish a permanent place of business;

(B) Maintain a working telephone number for the funeral establishment;

(C) Maintain working public utilities, including without limitation running water, electricity, and a functioning heating and cooling system; and

(D) Ensure that the interior of the funeral establishment is protected from exposure to outside elements.

(4) A funeral establishment may display a sign at each location of the funeral establishment that indicates the registered name of the funeral establishment that is on file with the board.

(b) (1) (A) Except as provided in subdivision (b)(2) of this section, the board shall not issue a license to operate a full-service funeral establishment unless the establishment has employed a full-time manager who: (i) Is a licensed funeral director; (ii) Actively supervises the staff of the establishment; and (iii) Is not employed by a nonaffiliated funeral establishment. (B) A funeral establishment shall: (i) Be open for business and available for inspection by the board during normal business hours; and (ii) Post conspicuously its hours of operation on the premises of the funeral establishment. (2) A funeral establishment that is a part of a multiunit enterprise within this state may employ only one (1) full-time manager who is licensed as a funeral director for a branch of the funeral establishment if the full-time manager: (A) Is reasonably accessible to the branch of the funeral establishment; and (B) Resides within fifty (50) miles of the branch of the funeral establishment.

(1) (A) Except as provided in subdivision (b)(2) of this section, the board shall not issue a license to operate a full-service funeral establishment unless the establishment has employed a full-time manager who: (i) Is a licensed funeral director; (ii) Actively supervises the staff of the establishment; and (iii) Is not employed by a nonaffiliated funeral establishment. (B) A funeral establishment shall: (i) Be open for business and available for inspection by the board during normal business hours; and (ii) Post conspicuously its hours of operation on the premises of the funeral establishment.

(A) Except as provided in subdivision (b)(2) of this section, the board shall not issue a license to operate a full-service funeral establishment unless the establishment has employed a full-time manager who: (i) Is a licensed funeral director; (ii) Actively supervises the staff of the establishment; and (iii) Is not employed by a nonaffiliated funeral establishment.

(i) Is a licensed funeral director;

(ii) Actively supervises the staff of the establishment; and

(iii) Is not employed by a nonaffiliated funeral establishment.

(B) A funeral establishment shall: (i) Be open for business and available for inspection by the board during normal business hours; and (ii) Post conspicuously its hours of operation on the premises of the funeral establishment.

(i) Be open for business and available for inspection by the board during normal business hours; and

(ii) Post conspicuously its hours of operation on the premises of the funeral establishment.

(2) A funeral establishment that is a part of a multiunit enterprise within this state may employ only one (1) full-time manager who is licensed as a funeral director for a branch of the funeral establishment if the full-time manager: (A) Is reasonably accessible to the branch of the funeral establishment; and (B) Resides within fifty (50) miles of the branch of the funeral establishment.

(A) Is reasonably accessible to the branch of the funeral establishment; and

(B) Resides within fifty (50) miles of the branch of the funeral establishment.

(c) Application for the funeral establishment licenses shall be made on forms furnished by the board.

(d) All embalming therein shall be performed by or under the direct supervision of an Arkansas-licensed embalmer.

(e) (1) A funeral establishment that conducts embalming shall have a preparation room for embalming that has: (A) Sanitary floors, walls, and ceilings that are constructed from a washable surface; (B) Adequate sanitary drainage and disposal facilities, including hot and cold running water; (C) An exhaust system that provides proper ventilation according to the standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases; (D) A heating and cooling system that is separate from the rest of the funeral establishment; (E) Privacy coverings on doorways and windows that prevent viewing of the preparation room and the contents of the preparation room; (F) A functional lock that prevents unauthorized entrance to the preparation room; (G) A biohazard waste disposal system that complies with § 20-32-101 et seq. and rules established by the Department of Health concerning the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities; and (H) Other requirements established by rule of the board. (2) The funeral establishment shall comply with the rules of the department and standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases.

(1) A funeral establishment that conducts embalming shall have a preparation room for embalming that has: (A) Sanitary floors, walls, and ceilings that are constructed from a washable surface; (B) Adequate sanitary drainage and disposal facilities, including hot and cold running water; (C) An exhaust system that provides proper ventilation according to the standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases; (D) A heating and cooling system that is separate from the rest of the funeral establishment; (E) Privacy coverings on doorways and windows that prevent viewing of the preparation room and the contents of the preparation room; (F) A functional lock that prevents unauthorized entrance to the preparation room; (G) A biohazard waste disposal system that complies with § 20-32-101 et seq. and rules established by the Department of Health concerning the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities; and (H) Other requirements established by rule of the board.

(A) Sanitary floors, walls, and ceilings that are constructed from a washable surface;

(B) Adequate sanitary drainage and disposal facilities, including hot and cold running water;

(C) An exhaust system that provides proper ventilation according to the standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases;

(D) A heating and cooling system that is separate from the rest of the funeral establishment;

(E) Privacy coverings on doorways and windows that prevent viewing of the preparation room and the contents of the preparation room;

(F) A functional lock that prevents unauthorized entrance to the preparation room;

(G) A biohazard waste disposal system that complies with § 20-32-101 et seq. and rules established by the Department of Health concerning the segregation, packaging, storage, transportation, treatment, and disposal of commercial medical waste from healthcare-related facilities; and

(H) Other requirements established by rule of the board.

(2) The funeral establishment shall comply with the rules of the department and standards and regulations of the United States Occupational Safety and Health Administration for the prevention of the spread of contagious, infectious, or communicable diseases.

(f) Each funeral establishment using an available embalmer shall file with the board a notarized statement signed by the embalmer, stating that his or her services are available to the establishment at all times, and within a reasonable time after death occurs, not to exceed six (6) hours.

(g) A funeral establishment shall: (1) Contain a separate conference room that is used to make funeral arrangements; (2) Display on site a reasonable number of caskets as determined by the board; (3) Maintain proper care and maintenance of the interior and exterior of the funeral establishment; (4) Maintain the interior and exterior of the funeral establishment in a manner that does not present a potential or actual hazard to the health, safety, or welfare of the public; and (5) (A) Maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board. (B) Accessibility to a refrigeration unit by a funeral establishment shall be reported as determined by rule of the board. (C) A multi-unit funeral establishment enterprise is required to maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board.

(1) Contain a separate conference room that is used to make funeral arrangements;

(2) Display on site a reasonable number of caskets as determined by the board;

(3) Maintain proper care and maintenance of the interior and exterior of the funeral establishment;

(4) Maintain the interior and exterior of the funeral establishment in a manner that does not present a potential or actual hazard to the health, safety, or welfare of the public; and

(5) (A) Maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board. (B) Accessibility to a refrigeration unit by a funeral establishment shall be reported as determined by rule of the board. (C) A multi-unit funeral establishment enterprise is required to maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board.

(A) Maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board.

(B) Accessibility to a refrigeration unit by a funeral establishment shall be reported as determined by rule of the board.

(C) A multi-unit funeral establishment enterprise is required to maintain at least one (1) refrigeration unit or have access to a refrigeration unit within a reasonable time after death as determined by rule of the board.

(h) Mobile homes or mobile units are prohibited for use as a funeral establishment or branch thereof. No mobile home or mobile units shall be used for the performance of any function or service of a funeral establishment except in case of emergency as prescribed by the board. Mobile homes, modular units, manufactured homes, and similar mobile units may be granted a replacement license on a case-by-case basis.

(i) (1) A funeral establishment shall provide proof of general liability insurance. (2) The board shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed funeral establishments.

(1) A funeral establishment shall provide proof of general liability insurance.

(2) The board shall develop and promulgate rules requiring sufficient and appropriate minimum levels of general liability insurance coverage for licensed funeral establishments.

(j) Upon renewal of its license, a funeral establishment that is currently operating under this section shall be subject to the provisions in this section as determined by rules of the board.

(k) Multiple funeral establishments are not permitted to share the same physical location without the prior approval of the board.

Amended by Act 2019, No. 697,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 788,§ 12, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 11, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 10, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 9, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 24, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 23, eff. 7/22/2015.

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

Amended by Act 2015, No. 1095,§ 21, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 20, eff. 7/22/2015.

Acts 1983, No. 325, § 4; A.S.A. 1947, § 71-904; Acts 1999, No. 1138, § 4; 2003, No. 367, § 3; 2011, No. 874, § 2.
Ark. Code Ann. § 17-37-211 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-211
Issuance fee - License expiration
Status: in_force

The fee for the issuance of a license in each classification shall be paid annually. The license shall expire June 30 following the date issued. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

The fee for the issuance of a license in each classification shall be paid annually. The license shall expire June 30 following the date issued.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-20-403 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-403
Application for registration - Public welfare considerations
Status: in_force

(a) Every applicant for a certificate of registration to operate a new barber college shall offer proof sufficient to the State Board of Barber Examiners that the establishment of a new barber college in a particular area will not be detrimental to the public welfare. (b) In considering whether the establishment of a new barber college in a particular area will be detrimental to the public welfare, the board shall consider the need for barber college facilities or additional barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to: (1) The economic character of the community; (2) The adequacy of existing barbershops and barber colleges in that community; (3) The ability of the community to support the proposed barber college; (4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities; and (5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities. (c) The board shall not deny any application for the establishment of a new barber college on the basis of geographic proximity to an existing barber college. Amended by Act 2023, No. 800,§ 57, eff. 7/1/2023. Acts 1961, No. 109, § 4; A.S.A. 1947, § 71-526.

(a) Every applicant for a certificate of registration to operate a new barber college shall offer proof sufficient to the State Board of Barber Examiners that the establishment of a new barber college in a particular area will not be detrimental to the public welfare.

(b) In considering whether the establishment of a new barber college in a particular area will be detrimental to the public welfare, the board shall consider the need for barber college facilities or additional barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to: (1) The economic character of the community; (2) The adequacy of existing barbershops and barber colleges in that community; (3) The ability of the community to support the proposed barber college; (4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities; and (5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities.

(1) The economic character of the community;

(2) The adequacy of existing barbershops and barber colleges in that community;

(3) The ability of the community to support the proposed barber college;

(4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities; and

(5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities.

(c) The board shall not deny any application for the establishment of a new barber college on the basis of geographic proximity to an existing barber college.

Amended by Act 2023, No. 800,§ 57, eff. 7/1/2023.

Acts 1961, No. 109, § 4; A.S.A. 1947, § 71-526.
Ark. Code Ann. § 17-101-317 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-317
Veterinary technologist and veterinary technician specialist - Grounds for denial, suspension, or revocation
Status: in_force

(a) Upon written complaint by any person or on the Arkansas Livestock and Poultry Commission's own motion and after notice and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the commission may deny or suspend any certification or deny or revoke any certificate of qualification of the applicant, veterinary technologist, or veterinary technician specialist for the following conduct: (1) Solicitation of patients on behalf of a veterinarian or veterinary technician; (2) Solicitation or receiving any form of compensation from any person other than his or her registered employer for his or her employment; (3) Willful or negligent disclosure of a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian; (4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be evidence; (5) Inability to practice as a veterinary technologist or a veterinary technician specialist with reasonable skill and safety to patients due to illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technologist or veterinary technician specialist in Arkansas; or (B) An annual employment registration; (7) Impersonation of another person registered as a veterinary technologist or veterinary technician specialist or authorization of any person to use his or her certificate of qualification or registration; (8) Aids or abets the practice of veterinary medicine by a person not licensed by the commission; (9) Incompetence, gross negligence, or other malpractice in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian; (10) Incapacity or incompetence to perform as a veterinary technologist or veterinary technician specialist; (11) Cruelty to animals; (12) Failure: (A) Of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee; (B) To comply with any subpoena or subpoena duces tecum from the commission or an order of the commission; or (C) To timely pay certification or renewal fees; or (13) Unprofessional conduct or conduct that is detrimental to the best interests of the public. (b) At the discretion of the commission, a person whose certificate of qualification is suspended or revoked by the commission under this section may be: (1) Recertified or reinstated by the commission at any time upon written application to the commission showing cause to justify recertification or reinstatement; and (2) Subject to civil penalties under § 17-101-311 as determined by the commission. Amended by Act 2023, No. 691,§ 174, eff. 7/1/2023. Added by Act 2019, No. 169,§ 8, eff. 7/24/2019.

(a) Upon written complaint by any person or on the Arkansas Livestock and Poultry Commission's own motion and after notice and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the commission may deny or suspend any certification or deny or revoke any certificate of qualification of the applicant, veterinary technologist, or veterinary technician specialist for the following conduct: (1) Solicitation of patients on behalf of a veterinarian or veterinary technician; (2) Solicitation or receiving any form of compensation from any person other than his or her registered employer for his or her employment; (3) Willful or negligent disclosure of a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian; (4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be evidence; (5) Inability to practice as a veterinary technologist or a veterinary technician specialist with reasonable skill and safety to patients due to illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technologist or veterinary technician specialist in Arkansas; or (B) An annual employment registration; (7) Impersonation of another person registered as a veterinary technologist or veterinary technician specialist or authorization of any person to use his or her certificate of qualification or registration; (8) Aids or abets the practice of veterinary medicine by a person not licensed by the commission; (9) Incompetence, gross negligence, or other malpractice in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian; (10) Incapacity or incompetence to perform as a veterinary technologist or veterinary technician specialist; (11) Cruelty to animals; (12) Failure: (A) Of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee; (B) To comply with any subpoena or subpoena duces tecum from the commission or an order of the commission; or (C) To timely pay certification or renewal fees; or (13) Unprofessional conduct or conduct that is detrimental to the best interests of the public.

(1) Solicitation of patients on behalf of a veterinarian or veterinary technician;

(2) Solicitation or receiving any form of compensation from any person other than his or her registered employer for his or her employment;

(3) Willful or negligent disclosure of a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian;

(4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be evidence;

(A) Any offense punishable by incarceration in the Division of Correction or federal prison.

(B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be evidence;

(5) Inability to practice as a veterinary technologist or a veterinary technician specialist with reasonable skill and safety to patients due to illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition;

(6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technologist or veterinary technician specialist in Arkansas; or (B) An annual employment registration;

(A) A certificate of qualification to perform as a veterinary technologist or veterinary technician specialist in Arkansas; or

(B) An annual employment registration;

(7) Impersonation of another person registered as a veterinary technologist or veterinary technician specialist or authorization of any person to use his or her certificate of qualification or registration;

(8) Aids or abets the practice of veterinary medicine by a person not licensed by the commission;

(9) Incompetence, gross negligence, or other malpractice in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian;

(10) Incapacity or incompetence to perform as a veterinary technologist or veterinary technician specialist;

(11) Cruelty to animals;

(12) Failure: (A) Of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee; (B) To comply with any subpoena or subpoena duces tecum from the commission or an order of the commission; or (C) To timely pay certification or renewal fees; or

(A) Of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee;

(B) To comply with any subpoena or subpoena duces tecum from the commission or an order of the commission; or

(C) To timely pay certification or renewal fees; or

(13) Unprofessional conduct or conduct that is detrimental to the best interests of the public.

(b) At the discretion of the commission, a person whose certificate of qualification is suspended or revoked by the commission under this section may be: (1) Recertified or reinstated by the commission at any time upon written application to the commission showing cause to justify recertification or reinstatement; and (2) Subject to civil penalties under § 17-101-311 as determined by the commission.

(1) Recertified or reinstated by the commission at any time upon written application to the commission showing cause to justify recertification or reinstatement; and

(2) Subject to civil penalties under § 17-101-311 as determined by the commission.

Amended by Act 2023, No. 691,§ 174, eff. 7/1/2023.

Added by Act 2019, No. 169,§ 8, eff. 7/24/2019.
Ark. Code Ann. § 17-49-301 — AR Code / Title 17 / Chapter 49 / Subchapter 3 / Section 17-49-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Itinerant entrepreneur" means a person or firm who trades in goods or services for construction, improvement, or maintenance of houses or farm buildings or structures, who travels about, and who has no established place of business in the county of at least ninety (90) days' standing; and (2) "Itinerant entrepreneur" shall not include any person or firm licensed as a contractor by the Contractors Licensing Board. Acts 1963, No. 256, § 1; A.S.A. 1947, § 71-1901.

As used in this subchapter, unless the context otherwise requires:

(1) "Itinerant entrepreneur" means a person or firm who trades in goods or services for construction, improvement, or maintenance of houses or farm buildings or structures, who travels about, and who has no established place of business in the county of at least ninety (90) days' standing; and

(2) "Itinerant entrepreneur" shall not include any person or firm licensed as a contractor by the Contractors Licensing Board.

Acts 1963, No. 256, § 1; A.S.A. 1947, § 71-1901.
Ark. Code Ann. § 17-17-307 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-307
Auction house owners
Status: in_force

(a) If an auction house owner is one other than the principal auctioneer, the auction house owner shall apply for a license and meet all the provisions of this chapter. (b) When the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one (1) license shall be required. Amended by Act 2023, No. 677,§ 8, eff. 8/1/2023. Acts 1989, No. 266, § 16.

(a) If an auction house owner is one other than the principal auctioneer, the auction house owner shall apply for a license and meet all the provisions of this chapter.

(b) When the owner of an auction company or the designated person of a corporation and the auctioneer are one and the same, only one (1) license shall be required.

Amended by Act 2023, No. 677,§ 8, eff. 8/1/2023.

Acts 1989, No. 266, § 16.
Ark. Code Ann. § 17-48-101 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-101
Definitions
Status: in_force

As used in this chapter: (1) (A) "Firm" means a form of business entity that offers professional surveying services of its licensed personnel to the public. (B) "Firm" does not include an individual licensee operating under his or her name; (2) (A) "Land surveying" means a service comprising the: (i) Determination of the location of land boundaries and land boundary corners; and (ii) Preparation of: (a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts; (b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and (c) Official plats or maps of land thereof in this state. (B) "Land surveying" does not include the measure of acreage of timber, cotton, rice, or other agricultural crops. (C) A person practices or offers to practice land surveying if the person: (i) Engages in land surveying for others; or (ii) By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself: (a) To be a professional surveyor; or (b) As able to perform land surveying in this state; (3) "Metadata" means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data; (4) "Professional surveyor" means a person who by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by educational or practical experience is qualified to engage in the practice of land surveying and surveying measurement certification; (5) "Responsible charge" means direct control of, supervision of, and legal responsibility for the surveying work performed; and (6) "Surveying measurement certification" means providing the professional service of certification or sealing of maps, documents, digital files, or other data to verify that the maps, documents, digital files, or other data are authoritative professional determinations based on accepted methods and principles of surveying measurement or analysis representing or listing the following types of surveying measurements: (A) The configuration or contour of the earth's surface or the position of fixed objects on the earth's surface; (B) The position or elevation of a survey boundary, control monument, or reference point; and (C) The alignment or elevation of a fixed work embraced within the practice of professional engineering. Acts 1967, No. 101, § 2; A.S.A. 1947, § 71-2302; Acts 2005, No. 1178, § 7; 2005, No. 1962, § 74; 2009, No. 444, § 5; 2011, No. 898, § 1.

As used in this chapter:

(1) (A) "Firm" means a form of business entity that offers professional surveying services of its licensed personnel to the public. (B) "Firm" does not include an individual licensee operating under his or her name;

(A) "Firm" means a form of business entity that offers professional surveying services of its licensed personnel to the public.

(B) "Firm" does not include an individual licensee operating under his or her name;

(2) (A) "Land surveying" means a service comprising the: (i) Determination of the location of land boundaries and land boundary corners; and (ii) Preparation of: (a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts; (b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and (c) Official plats or maps of land thereof in this state. (B) "Land surveying" does not include the measure of acreage of timber, cotton, rice, or other agricultural crops. (C) A person practices or offers to practice land surveying if the person: (i) Engages in land surveying for others; or (ii) By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself: (a) To be a professional surveyor; or (b) As able to perform land surveying in this state;

(A) "Land surveying" means a service comprising the: (i) Determination of the location of land boundaries and land boundary corners; and (ii) Preparation of: (a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts; (b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and (c) Official plats or maps of land thereof in this state.

(i) Determination of the location of land boundaries and land boundary corners; and

(ii) Preparation of: (a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts; (b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and (c) Official plats or maps of land thereof in this state.

(a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts;

(b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and

(c) Official plats or maps of land thereof in this state.

(B) "Land surveying" does not include the measure of acreage of timber, cotton, rice, or other agricultural crops.

(C) A person practices or offers to practice land surveying if the person: (i) Engages in land surveying for others; or (ii) By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself: (a) To be a professional surveyor; or (b) As able to perform land surveying in this state;

(i) Engages in land surveying for others; or

(ii) By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself: (a) To be a professional surveyor; or (b) As able to perform land surveying in this state;

(a) To be a professional surveyor; or

(b) As able to perform land surveying in this state;

(3) "Metadata" means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data;

(4) "Professional surveyor" means a person who by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by educational or practical experience is qualified to engage in the practice of land surveying and surveying measurement certification;

(5) "Responsible charge" means direct control of, supervision of, and legal responsibility for the surveying work performed; and

(6) "Surveying measurement certification" means providing the professional service of certification or sealing of maps, documents, digital files, or other data to verify that the maps, documents, digital files, or other data are authoritative professional determinations based on accepted methods and principles of surveying measurement or analysis representing or listing the following types of surveying measurements: (A) The configuration or contour of the earth's surface or the position of fixed objects on the earth's surface; (B) The position or elevation of a survey boundary, control monument, or reference point; and (C) The alignment or elevation of a fixed work embraced within the practice of professional engineering.

(A) The configuration or contour of the earth's surface or the position of fixed objects on the earth's surface;

(B) The position or elevation of a survey boundary, control monument, or reference point; and

(C) The alignment or elevation of a fixed work embraced within the practice of professional engineering.

Acts 1967, No. 101, § 2; A.S.A. 1947, § 71-2302; Acts 2005, No. 1178, § 7; 2005, No. 1962, § 74; 2009, No. 444, § 5; 2011, No. 898, § 1.
Ark. Code Ann. § 17-13-106 — AR Code / Title 17 / Chapter 13 / Section 17-13-106
Administration
Status: in_force

The State Plant Board shall: (1) Administer and enforce this chapter; (2) Promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules necessary for the implementation of this chapter; (3) Establish annual license fees not to exceed one hundred dollars ($100); (4) Formulate criteria for continuing educational training of licensed agricultural consultants in cooperation with the cooperative extension service; and (5) Revoke or suspend any agricultural consultant's license for cause. Amended by Act 2019, No. 315,§ 1341, eff. 7/24/2019. Acts 1987, No. 609, § 4; 2005, No. 857, § 4.

The State Plant Board shall:

(1) Administer and enforce this chapter;

(2) Promulgate, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules necessary for the implementation of this chapter;

(3) Establish annual license fees not to exceed one hundred dollars ($100);

(4) Formulate criteria for continuing educational training of licensed agricultural consultants in cooperation with the cooperative extension service; and

(5) Revoke or suspend any agricultural consultant's license for cause.

Amended by Act 2019, No. 315,§ 1341, eff. 7/24/2019.

Acts 1987, No. 609, § 4; 2005, No. 857, § 4.
Ark. Code Ann. § 17-80-106 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-106
Investigations and inspections of alleged wrongdoing
Status: in_force

(a) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to utilize as their employees, as the investigators for the purposes described in this section, the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health. (b) The Department of Health is directed to make investigators and inspectors of the division available for those purposes and for as long as they may conduct investigations and inspections of alleged wrongdoing of those individuals licensed or permitted by the Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy. (c) Upon written request of a person authorized by the respective licensing board and with authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health pursuant to appropriate authority from the board, the investigators may investigate, inspect, and make copies of medical records, dental records, nursing records, drug orders, prescriptions, veterinary records, and podiatry records, wherever located, of all persons licensed by the medical, optometric, dental, nursing, veterinary, podiatric, and physical therapy boards in order for the respective licensing board to determine whether or not any persons have: (1) Violated the laws of the State of Arkansas or of the United States respecting the prescribing, administering, and use of narcotics and potentially dangerous drugs; (2) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (3) Otherwise violated the practice act or rules of that respective board. (d) Copies of records, prescriptions, or orders shall not become public records by reason of their use in disciplinary proceedings held by the licensing board, nor shall the patients' or licensed medical professionals' property rights to the prescriptions, orders, or records be extinguished by that use. (e) (1) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant as authorized by § 5-64-502 . (2) However, investigators must have in their possession an authorization by the division. (3) The licensee may refuse the request of the investigator and not tender copies of the records. (4) (A) If prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by investigators only on an administrative inspection warrant. (B) No inspection warrant is necessary when prescriptions, orders, or records are to be used solely for board disciplinary purposes. (f) In lieu of a letter of authority, each of the boards will have the power to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and collect the records. (g) If a witness served with a subpoena fails to honor the subpoena, the particular board issuing the subpoena may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases. (h) (1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case. (2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task. (i) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to collect costs incurred under subsection (h) of this section from the licensees being investigated by the division. (j) All funds collected under subsection (h) of this section are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively by the division for investigations conducted under this section. (k) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds collected under this section as certified by the Chief Fiscal Officer of the State to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2023, No. 691,§ 144, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 143, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1502, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1501, eff. 7/24/2019. Acts 1993, No. 1146, § 1; 1997, No. 493, § 1; 2001, No. 455, § 1; 2003, No. 1076, § 1; 2005, No. 1410, § 1.

(a) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to utilize as their employees, as the investigators for the purposes described in this section, the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health.

(b) The Department of Health is directed to make investigators and inspectors of the division available for those purposes and for as long as they may conduct investigations and inspections of alleged wrongdoing of those individuals licensed or permitted by the Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy.

(c) Upon written request of a person authorized by the respective licensing board and with authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health pursuant to appropriate authority from the board, the investigators may investigate, inspect, and make copies of medical records, dental records, nursing records, drug orders, prescriptions, veterinary records, and podiatry records, wherever located, of all persons licensed by the medical, optometric, dental, nursing, veterinary, podiatric, and physical therapy boards in order for the respective licensing board to determine whether or not any persons have: (1) Violated the laws of the State of Arkansas or of the United States respecting the prescribing, administering, and use of narcotics and potentially dangerous drugs; (2) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (3) Otherwise violated the practice act or rules of that respective board.

(1) Violated the laws of the State of Arkansas or of the United States respecting the prescribing, administering, and use of narcotics and potentially dangerous drugs;

(2) Practiced their profession in such a way as to endanger the general health and welfare of the public; or

(3) Otherwise violated the practice act or rules of that respective board.

(d) Copies of records, prescriptions, or orders shall not become public records by reason of their use in disciplinary proceedings held by the licensing board, nor shall the patients' or licensed medical professionals' property rights to the prescriptions, orders, or records be extinguished by that use.

(e) (1) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant as authorized by § 5-64-502 . (2) However, investigators must have in their possession an authorization by the division. (3) The licensee may refuse the request of the investigator and not tender copies of the records. (4) (A) If prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by investigators only on an administrative inspection warrant. (B) No inspection warrant is necessary when prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(1) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant as authorized by § 5-64-502 .

(2) However, investigators must have in their possession an authorization by the division.

(3) The licensee may refuse the request of the investigator and not tender copies of the records.

(4) (A) If prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by investigators only on an administrative inspection warrant. (B) No inspection warrant is necessary when prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(A) If prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by investigators only on an administrative inspection warrant.

(B) No inspection warrant is necessary when prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(f) In lieu of a letter of authority, each of the boards will have the power to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and collect the records.

(g) If a witness served with a subpoena fails to honor the subpoena, the particular board issuing the subpoena may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases.

(h) (1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case. (2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case.

(2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(A) Travel expenses at the level for state employees; and

(B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(i) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Livestock and Poultry Commission, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy are authorized to collect costs incurred under subsection (h) of this section from the licensees being investigated by the division.

(j) All funds collected under subsection (h) of this section are declared to be special revenues and shall be deposited into the State Treasury and credited to the Public Health Fund to be used exclusively by the division for investigations conducted under this section.

(k) Subject to rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds collected under this section as certified by the Chief Fiscal Officer of the State to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2023, No. 691,§ 144, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 143, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1502, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1501, eff. 7/24/2019.

Acts 1993, No. 1146, § 1; 1997, No. 493, § 1; 2001, No. 455, § 1; 2003, No. 1076, § 1; 2005, No. 1410, § 1.
Ark. Code Ann. § 17-16-119 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-119
Electronic signatures in global and national commerce act
Status: in_force

The provisions of this subchapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act. Acts 2001, No. 1622, § 17.

The provisions of this subchapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.

Acts 2001, No. 1622, § 17.
Ark. Code Ann. § 17-90-205 — AR Code / Title 17 / Chapter 90 / Subchapter 2 / Section 17-90-205
Disposition of funds - Secretary-treasurer's bond
Status: in_force

(a) All renewal fees and all examination and application fees shall be used by the State Board of Optometry to pay its expenses in administering this chapter. (b) (1) All moneys received by the board shall be disbursed by the Secretary-treasurer of the State Board of Optometry, who shall furnish surety bond. (2) The Secretary-treasurer of the State Board of Optometry shall keep a true and faithful account of all moneys received and all moneys expended and shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant. (c) All moneys not expended or used by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes and intentions expressed in this chapter. (d) The Secretary-treasurer of the State Board of Optometry shall execute a bond for the state in a sum to be fixed by the board conditioned on the faithful performance of the duties of his or her office. Amended by Act 2019, No. 910,§ 4884, eff. 7/1/2019. Acts 1915, No. 123, § 6; C. & M. Dig., § 8256; Pope's Dig., § 10754; Acts 1941, No. 94, § 6; 1957, No. 102, § 3; A.S.A. 1947, §§ 72-804, 72-808.

(a) All renewal fees and all examination and application fees shall be used by the State Board of Optometry to pay its expenses in administering this chapter.

(b) (1) All moneys received by the board shall be disbursed by the Secretary-treasurer of the State Board of Optometry, who shall furnish surety bond. (2) The Secretary-treasurer of the State Board of Optometry shall keep a true and faithful account of all moneys received and all moneys expended and shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant.

(1) All moneys received by the board shall be disbursed by the Secretary-treasurer of the State Board of Optometry, who shall furnish surety bond.

(2) The Secretary-treasurer of the State Board of Optometry shall keep a true and faithful account of all moneys received and all moneys expended and shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant.

(c) All moneys not expended or used by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes and intentions expressed in this chapter.

(d) The Secretary-treasurer of the State Board of Optometry shall execute a bond for the state in a sum to be fixed by the board conditioned on the faithful performance of the duties of his or her office.

Amended by Act 2019, No. 910,§ 4884, eff. 7/1/2019.

Acts 1915, No. 123, § 6; C. & M. Dig., § 8256; Pope's Dig., § 10754; Acts 1941, No. 94, § 6; 1957, No. 102, § 3; A.S.A. 1947, §§ 72-804, 72-808.
Ark. Code Ann. § 17-33-305 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-305
Grounds for denial
Status: in_force

All applicants who meet the requirements for licensure or registration shall be issued the appropriate license or registration, except that the HVACR Licensing Board may deny a license if the applicant has: (1) Committed any act which if committed by a licensee or registrant would be grounds for suspension or revocation of the license or registration; (2) Previously been denied a license or registration under this chapter for cause or previously had a license or registration revoked for cause; or (3) Knowingly made any false statement or misrepresentation on the application. Acts 1991, No. 277, § 9.

All applicants who meet the requirements for licensure or registration shall be issued the appropriate license or registration, except that the HVACR Licensing Board may deny a license if the applicant has:

(1) Committed any act which if committed by a licensee or registrant would be grounds for suspension or revocation of the license or registration;

(2) Previously been denied a license or registration under this chapter for cause or previously had a license or registration revoked for cause; or

(3) Knowingly made any false statement or misrepresentation on the application.

Acts 1991, No. 277, § 9.
Ark. Code Ann. § 17-26-713 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-713
[Repealed]
Status: repealed

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-92-312 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-312
Revocation and fine - Adulteration of drugs
Status: in_force

Any licensed pharmacist who shall knowingly, intentionally, and fraudulently adulterate or cause to be adulterated any drugs, chemicals, or medical preparations and offer such adulterations for sale shall be deemed guilty of a misdemeanor. Upon conviction, his or her license shall be revoked and, in addition, he or she shall be liable to a penalty of not less than five dollars ($5.00) nor more than one hundred dollars ($100). Acts 1891, No. 50, § 9, p. 80; C. & M. Dig., § 3675; Pope's Dig., § 4611; A.S.A. 1947, § 72-1030.

Any licensed pharmacist who shall knowingly, intentionally, and fraudulently adulterate or cause to be adulterated any drugs, chemicals, or medical preparations and offer such adulterations for sale shall be deemed guilty of a misdemeanor. Upon conviction, his or her license shall be revoked and, in addition, he or she shall be liable to a penalty of not less than five dollars ($5.00) nor more than one hundred dollars ($100).

Acts 1891, No. 50, § 9, p. 80; C. & M. Dig., § 3675; Pope's Dig., § 4611; A.S.A. 1947, § 72-1030.
Ark. Code Ann. § 17-103-104 — AR Code / Title 17 / Chapter 103 / Subchapter 1 / Section 17-103-104
Exemptions
Status: in_force

(a) This chapter does not prevent members of the clergy, Christian Science practitioners, and licensed professionals such as physicians, nurses, psychologists, counselors, and attorneys from doing work within the standards and ethics of their respective professions, if they do not hold themselves out to the public by any title or description of services as being social workers as defined under this chapter. (b) (1) This chapter does not limit or prohibit the employment by a licensed hospital in this state of persons who perform services commonly within the definition of social work or of practices performed by social workers if the services are performed within the course and scope of their employment as employees of the hospital and only if the person does not represent himself or herself to the public as a social worker. (2) This chapter does not require a regular employee of a licensed hospital in this state to be licensed as a licensed social worker, a licensed master social worker, or a licensed certified social worker as a condition of employment by or performance of services as a social worker while employed in a licensed hospital in this state. (c) This chapter does not limit the activities and services of a graduate or undergraduate student who is currently enrolled in a social work program that is accredited by the Council on Social Work Education if he or she does not represent himself or herself as a social worker. (d) (1) This chapter does not require a person to be licensed as a licensed social worker who is engaged in the practice of a specialty area of social work while an employee of an agency or department of the state in any of the following job classifications, but only if the person is engaged in that practice as an employee of the agency or department and only if the person does not represent himself or herself to the public as a social worker: (A) A family service worker; (B) A social service worker; or (C) An adult protective services worker. (2) It is the intent of the General Assembly to restrict licensure to those individuals who are represented to be social workers. It is not the intent of the General Assembly to license persons such as state employees in the job classifications of social service workers and family service workers. Amended by Act 2019, No. 623,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1170,§ 1, eff. 7/22/2015. Acts 1999, No. 1122, § 1; 2009, No. 297, § 1; 2011, No. 859, § 13.

(a) This chapter does not prevent members of the clergy, Christian Science practitioners, and licensed professionals such as physicians, nurses, psychologists, counselors, and attorneys from doing work within the standards and ethics of their respective professions, if they do not hold themselves out to the public by any title or description of services as being social workers as defined under this chapter.

(b) (1) This chapter does not limit or prohibit the employment by a licensed hospital in this state of persons who perform services commonly within the definition of social work or of practices performed by social workers if the services are performed within the course and scope of their employment as employees of the hospital and only if the person does not represent himself or herself to the public as a social worker. (2) This chapter does not require a regular employee of a licensed hospital in this state to be licensed as a licensed social worker, a licensed master social worker, or a licensed certified social worker as a condition of employment by or performance of services as a social worker while employed in a licensed hospital in this state.

(1) This chapter does not limit or prohibit the employment by a licensed hospital in this state of persons who perform services commonly within the definition of social work or of practices performed by social workers if the services are performed within the course and scope of their employment as employees of the hospital and only if the person does not represent himself or herself to the public as a social worker.

(2) This chapter does not require a regular employee of a licensed hospital in this state to be licensed as a licensed social worker, a licensed master social worker, or a licensed certified social worker as a condition of employment by or performance of services as a social worker while employed in a licensed hospital in this state.

(c) This chapter does not limit the activities and services of a graduate or undergraduate student who is currently enrolled in a social work program that is accredited by the Council on Social Work Education if he or she does not represent himself or herself as a social worker.

(d) (1) This chapter does not require a person to be licensed as a licensed social worker who is engaged in the practice of a specialty area of social work while an employee of an agency or department of the state in any of the following job classifications, but only if the person is engaged in that practice as an employee of the agency or department and only if the person does not represent himself or herself to the public as a social worker: (A) A family service worker; (B) A social service worker; or (C) An adult protective services worker. (2) It is the intent of the General Assembly to restrict licensure to those individuals who are represented to be social workers. It is not the intent of the General Assembly to license persons such as state employees in the job classifications of social service workers and family service workers.

(1) This chapter does not require a person to be licensed as a licensed social worker who is engaged in the practice of a specialty area of social work while an employee of an agency or department of the state in any of the following job classifications, but only if the person is engaged in that practice as an employee of the agency or department and only if the person does not represent himself or herself to the public as a social worker: (A) A family service worker; (B) A social service worker; or (C) An adult protective services worker.

(A) A family service worker;

(B) A social service worker; or

(C) An adult protective services worker.

(2) It is the intent of the General Assembly to restrict licensure to those individuals who are represented to be social workers. It is not the intent of the General Assembly to license persons such as state employees in the job classifications of social service workers and family service workers.

Amended by Act 2019, No. 623,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1170,§ 1, eff. 7/22/2015.

Acts 1999, No. 1122, § 1; 2009, No. 297, § 1; 2011, No. 859, § 13.
Ark. Code Ann. § 17-84-103 — AR Code / Title 17 / Chapter 84 / Subchapter 1 / Section 17-84-103
Penalty - Injunction
Status: in_force

(a) Any person convicted of violating any provision of this chapter shall be guilty of a Class B misdemeanor. (b) Any violation of the provisions of this chapter may be enjoined by the circuit courts of this state. Acts 1969, No. 197, § 16; A.S.A. 1947, § 72-1716; Acts 1991, No. 46, § 1; 2005, No. 1994, § 238.

(a) Any person convicted of violating any provision of this chapter shall be guilty of a Class B misdemeanor.

(b) Any violation of the provisions of this chapter may be enjoined by the circuit courts of this state.

Acts 1969, No. 197, § 16; A.S.A. 1947, § 72-1716; Acts 1991, No. 46, § 1; 2005, No. 1994, § 238.