Ark. Code Ann. § 17-31-309 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-309
Revocation - Grounds - Proceedings
Status: in_force

(a) The Department of Agriculture may receive and investigate complaints against registered foresters and the Arkansas Forestry Commission may make findings thereon. (b) (1) The commission may revoke the certificate of any registered forester who has been convicted of a felony listed under § 17-3-102 or who is found guilty by the commission of any fraud, deceit, gross negligence, misrepresentation, willful violation of contract, misconduct, or gross incompetence. (2) The commission shall investigate such charges. (c) All charges, unless dismissed as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they are presented to the commission. (d) Before the commission shall revoke the certificate of any registered forester, the commission shall conduct a hearing, the time and place for which shall be fixed by the commission. A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed by registered letter to the last known address of the registered forester at least thirty (30) days before the date fixed for the hearing. (e) At any hearing, the accused registered forester shall have the right to appear personally and, by counsel, to cross-examine witnesses appearing against him or her and to produce evidence and witnesses in his or her own defense. (f) A written record, including the testimony of all witnesses, shall be made. (g) If the accused registered forester is found guilty of the charges made against him or her, the commission may revoke his or her certificate of registration. (h) A registered forester whose certificate of registration has been revoked may apply for a review of the proceedings of the commission by any court of competent jurisdiction as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The petition to the circuit court shall set out in detail what adverse action of the commission was erroneous. Amended by Act 2023, No. 691,§ 93, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 37, eff. 7/24/2019. Acts 1969, No. 535, § 20; A.S.A. 1947, § 71-2420.

(a) The Department of Agriculture may receive and investigate complaints against registered foresters and the Arkansas Forestry Commission may make findings thereon.

(b) (1) The commission may revoke the certificate of any registered forester who has been convicted of a felony listed under § 17-3-102 or who is found guilty by the commission of any fraud, deceit, gross negligence, misrepresentation, willful violation of contract, misconduct, or gross incompetence. (2) The commission shall investigate such charges.

(1) The commission may revoke the certificate of any registered forester who has been convicted of a felony listed under § 17-3-102 or who is found guilty by the commission of any fraud, deceit, gross negligence, misrepresentation, willful violation of contract, misconduct, or gross incompetence.

(2) The commission shall investigate such charges.

(c) All charges, unless dismissed as unfounded or trivial, shall be heard by the commission within three (3) months after the date on which they are presented to the commission.

(d) Before the commission shall revoke the certificate of any registered forester, the commission shall conduct a hearing, the time and place for which shall be fixed by the commission. A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed by registered letter to the last known address of the registered forester at least thirty (30) days before the date fixed for the hearing.

(e) At any hearing, the accused registered forester shall have the right to appear personally and, by counsel, to cross-examine witnesses appearing against him or her and to produce evidence and witnesses in his or her own defense.

(f) A written record, including the testimony of all witnesses, shall be made.

(g) If the accused registered forester is found guilty of the charges made against him or her, the commission may revoke his or her certificate of registration.

(h) A registered forester whose certificate of registration has been revoked may apply for a review of the proceedings of the commission by any court of competent jurisdiction as provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. The petition to the circuit court shall set out in detail what adverse action of the commission was erroneous.

Amended by Act 2023, No. 691,§ 93, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 37, eff. 7/24/2019.

Acts 1969, No. 535, § 20; A.S.A. 1947, § 71-2420.
Ark. Code Ann. § 17-48-107 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-107
Contents of survey
Status: in_force

(a) Every survey of a parcel of real property made after March 30, 1981, shall include a statement of the number of acres or parts of acres included in the parcel surveyed. If the parcel surveyed includes lands situated in more than one quarter-quarter, the approximate number of acres of the parcel lying in each quarter-quarter shall be shown separately. (b) The General Assembly recognizes that every county assessor in the state is required by law to account for and list each parcel of real property and every acre within his or her jurisdiction. It is the intent and purpose of this section to assist the various assessors to carry out this responsibility by requiring that every survey of real estate made after March 30, 1981, specify therein the number of acres or parts of acres included in the survey. Acts 1981, No. 919, §§ 1, 2; A.S.A. 1947, §§ 84-450.1, 84-450.2.

(a) Every survey of a parcel of real property made after March 30, 1981, shall include a statement of the number of acres or parts of acres included in the parcel surveyed. If the parcel surveyed includes lands situated in more than one quarter-quarter, the approximate number of acres of the parcel lying in each quarter-quarter shall be shown separately.

(b) The General Assembly recognizes that every county assessor in the state is required by law to account for and list each parcel of real property and every acre within his or her jurisdiction. It is the intent and purpose of this section to assist the various assessors to carry out this responsibility by requiring that every survey of real estate made after March 30, 1981, specify therein the number of acres or parts of acres included in the survey.

Acts 1981, No. 919, §§ 1, 2; A.S.A. 1947, §§ 84-450.1, 84-450.2.
Ark. Code Ann. § 17-88-304 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-304
Examinations
Status: in_force

(a) (1) Any person applying for licensure, in addition to demonstrating his or her eligibility in accordance with the requirements of § 17-88-302 , shall make application to the Arkansas State Medical Board for examination at least thirty (30) days before the date of examination upon a form and in a manner as the board shall prescribe. (2) The application shall be accompanied by a fee to be determined by the Arkansas State Occupational Therapy Examining Committee. The fee shall not be refunded. (b) (1) An applicant who fails an examination may make reapplication for reexamination accompanied by the prescribed fee. (2) Any applicant who fails three (3) examinations must take additional educational work in the areas of weakness as deemed necessary by the committee before being eligible for reexamination. (c) (1) Each applicant for licensure under this chapter shall be examined by the board to test his or her knowledge of the basic and clinical sciences relating to occupational therapy and to occupational therapy theory and practice. (2) The knowledge tested will include the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and any other subjects the board, with the advice of the committee, may deem useful to determine the applicant's fitness to practice. (3) The committee shall establish standards for acceptable performance. (d) (1) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. (2) Examination shall be given at least two (2) times each year at such places within this state as the board may determine. The board shall give reasonable public notice of the examination in accordance with its rules at least sixty (60) days before their administration and shall notify by mail all individual examination applicants of the time and place of their administration. (e) Applicants may obtain their examination scores and may review their papers in accordance with such rules as the board may establish. Acts 1977, No. 381, § 8; A.S.A. 1947, § 72-1908.

(a) (1) Any person applying for licensure, in addition to demonstrating his or her eligibility in accordance with the requirements of § 17-88-302 , shall make application to the Arkansas State Medical Board for examination at least thirty (30) days before the date of examination upon a form and in a manner as the board shall prescribe. (2) The application shall be accompanied by a fee to be determined by the Arkansas State Occupational Therapy Examining Committee. The fee shall not be refunded.

(1) Any person applying for licensure, in addition to demonstrating his or her eligibility in accordance with the requirements of § 17-88-302 , shall make application to the Arkansas State Medical Board for examination at least thirty (30) days before the date of examination upon a form and in a manner as the board shall prescribe.

(2) The application shall be accompanied by a fee to be determined by the Arkansas State Occupational Therapy Examining Committee. The fee shall not be refunded.

(b) (1) An applicant who fails an examination may make reapplication for reexamination accompanied by the prescribed fee. (2) Any applicant who fails three (3) examinations must take additional educational work in the areas of weakness as deemed necessary by the committee before being eligible for reexamination.

(1) An applicant who fails an examination may make reapplication for reexamination accompanied by the prescribed fee.

(2) Any applicant who fails three (3) examinations must take additional educational work in the areas of weakness as deemed necessary by the committee before being eligible for reexamination.

(c) (1) Each applicant for licensure under this chapter shall be examined by the board to test his or her knowledge of the basic and clinical sciences relating to occupational therapy and to occupational therapy theory and practice. (2) The knowledge tested will include the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and any other subjects the board, with the advice of the committee, may deem useful to determine the applicant's fitness to practice. (3) The committee shall establish standards for acceptable performance.

(1) Each applicant for licensure under this chapter shall be examined by the board to test his or her knowledge of the basic and clinical sciences relating to occupational therapy and to occupational therapy theory and practice.

(2) The knowledge tested will include the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and any other subjects the board, with the advice of the committee, may deem useful to determine the applicant's fitness to practice.

(3) The committee shall establish standards for acceptable performance.

(d) (1) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. (2) Examination shall be given at least two (2) times each year at such places within this state as the board may determine. The board shall give reasonable public notice of the examination in accordance with its rules at least sixty (60) days before their administration and shall notify by mail all individual examination applicants of the time and place of their administration.

(1) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.

(2) Examination shall be given at least two (2) times each year at such places within this state as the board may determine. The board shall give reasonable public notice of the examination in accordance with its rules at least sixty (60) days before their administration and shall notify by mail all individual examination applicants of the time and place of their administration.

(e) Applicants may obtain their examination scores and may review their papers in accordance with such rules as the board may establish.

Acts 1977, No. 381, § 8; A.S.A. 1947, § 72-1908.
Ark. Code Ann. § 17-20-101 — AR Code / Title 17 / Chapter 20 / Subchapter 1 / Section 17-20-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Barber Law". Amended by Act 2017, No. 1060,§ 1, eff. 8/1/2017. Acts 1937, No. 313, § 24; Pope's Dig., § 12091; A.S.A. 1947, § 71-522.

This chapter shall be known and may be cited as the "Arkansas Barber Law".

Amended by Act 2017, No. 1060,§ 1, eff. 8/1/2017.

Acts 1937, No. 313, § 24; Pope's Dig., § 12091; A.S.A. 1947, § 71-522.
Ark. Code Ann. § 17-92-1001 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1001
Title
Status: in_force

This subchapter may be known and cited as the "Arkansas Internet Prescription Consumer Protection Act". Acts 2001, No. 1411, § 1.

This subchapter may be known and cited as the "Arkansas Internet Prescription Consumer Protection Act".

Acts 2001, No. 1411, § 1.
Ark. Code Ann. § 17-28-301 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-301
Electrician's license - Issuance and renewal - Fees
Status: in_force

(a) Individuals passing the master, journeyman, residential master, residential journeyman, air conditioning electrician, specialist sign electrician, or industrial maintenance electrician's examination as specified in § 17-28-203 shall be issued a license of the same class as that of the examination upon payment of the following fees: (1) Master electrician ............... $50.00 (2) Journeyman electrician ............... 25.00 (3) Industrial maintenance electrician ............... 25.00 (4) Residential master electrician ............... 50.00 (5) Residential journeyman electrician ............... 25.00 (6) Air conditioning electrician ............... 25.00 (7) Specialist sign electrician ............... 25.00. (b) (1) Licenses shall expire on the date indicated on the licenses. (2) The license may be renewed for a period of one (1), two (2), or three (3) years with the fee to be as follows: (A) Master electrician ............... $50.00 per year (B) Journeyman electrician ............... 25.00 per year (C) Industrial maintenance electrician ............... 25.00 per year (D) Residential master electrician ............... 50.00 per year (E) Residential journeyman electrician ............... 25.00 per year (F) Air conditioning electrician ............... 25.00 per year (G) Specialist sign electrician ............... 25.00 per year. (3) A licensee may renew his or her license within thirty-six (36) months following the expiration date on the license by paying: (A) The renewal fee under subdivision (b)(2) of this section; (B) A late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of application for renewal; and (C) Any outstanding monetary civil penalty. (4) If a licensee shall fail to renew his or her license within thirty-six (36) months after the expiration date on the license, the licensee may reinstate his or her license by paying: (A) The fees and any applicable penalty under subdivision (b)(3) of this section; and (B) An additional penalty of one thousand dollars ($1,000). (5) (A) The Board of Electrical Examiners of the State of Arkansas may, after hearing, deny renewal or reinstatement of a license for cause. (B) The applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the board. (6) If a person simultaneously holds an electrical inspector license and a license as a master electrician or a journeyman electrician, the person, when renewing his or her master electrician or journeyman electrician license, shall be exempt from the: (A) Renewal fee under this section; and (B) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 . (c) The registration fee for an electrical apprentice shall be ten dollars ($10.00) annually. Apprentice registration certificates shall expire on the last day of the month, one (1) year following the date of original registration. (d) (1) The board may issue a temporary license as a master electrician or journeyman electrician that is valid for no more than six (6) months and renewable one (1) time only for industry projects as defined in this chapter, upon submission by the applicant of the following: (A) A temporary license fee in the amount established by subsection (a) of this section; (B) A completed application on a form furnished and approved by the board; and (C) Evidence that the applicant: (i) Holds a current license of the same classification issued by another state; or (ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician. (2) The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the board for more than one (1) additional period of six (6) months, if: (A) The renewal is for work to be performed on a specific industry project as defined in this chapter; (B) The director determines that the additional renewal is necessary because: (i) Actual construction will exceed one (1) year; and (ii) An insufficient number of licensed electricians is available to perform the necessary work; (C) The temporary license is restricted to the industry project for which it is issued; and (D) A temporary license fee in the amount established in subsection (a) of this section is paid. (3) (A) The board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shutdowns of not longer than six (6) weeks on industry projects as defined in this chapter. (B) An applicant for a new or renewed temporary license under subdivision (d)(3)(A) of this section shall submit the same items as are required in subdivision (d)(1) of this section. (e) A specialist sign electrician under § 17-28-101 shall qualify for an endorsement on his or her license authorizing the licensee to maintain and repair parking lot lights upon successfully passing a separate examination as approved by the board. Amended by Act 2019, No. 910,§ 5422, eff. 7/1/2019. Amended by Act 2017, No. 766,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 476,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 476,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 381,§ 1, eff. 3/6/2017. Amended by Act 2013, No. 756,§ 2, eff. 8/16/2013. Acts 1979, No. 870, §§ 5, 6; 1983, No. 866, § 4; 1985, No. 355, § 1; A.S.A. 1947, §§ 71-5305, 71-5306; Acts 1993, No. 831, § 2; 1997, No. 1289, § 7; 1999, No. 894, § 2; 2007, No. 495, §§ 1, 2; 2009, No. 312, § 1; 2009, No. 1188, § 3.

(a) Individuals passing the master, journeyman, residential master, residential journeyman, air conditioning electrician, specialist sign electrician, or industrial maintenance electrician's examination as specified in § 17-28-203 shall be issued a license of the same class as that of the examination upon payment of the following fees: (1) Master electrician ............... $50.00 (2) Journeyman electrician ............... 25.00 (3) Industrial maintenance electrician ............... 25.00 (4) Residential master electrician ............... 50.00 (5) Residential journeyman electrician ............... 25.00 (6) Air conditioning electrician ............... 25.00 (7) Specialist sign electrician ............... 25.00.

(1) Master electrician ............... $50.00

(2) Journeyman electrician ............... 25.00

(3) Industrial maintenance electrician ............... 25.00

(4) Residential master electrician ............... 50.00

(5) Residential journeyman electrician ............... 25.00

(6) Air conditioning electrician ............... 25.00

(7) Specialist sign electrician ............... 25.00.

(b) (1) Licenses shall expire on the date indicated on the licenses. (2) The license may be renewed for a period of one (1), two (2), or three (3) years with the fee to be as follows: (A) Master electrician ............... $50.00 per year (B) Journeyman electrician ............... 25.00 per year (C) Industrial maintenance electrician ............... 25.00 per year (D) Residential master electrician ............... 50.00 per year (E) Residential journeyman electrician ............... 25.00 per year (F) Air conditioning electrician ............... 25.00 per year (G) Specialist sign electrician ............... 25.00 per year. (3) A licensee may renew his or her license within thirty-six (36) months following the expiration date on the license by paying: (A) The renewal fee under subdivision (b)(2) of this section; (B) A late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of application for renewal; and (C) Any outstanding monetary civil penalty. (4) If a licensee shall fail to renew his or her license within thirty-six (36) months after the expiration date on the license, the licensee may reinstate his or her license by paying: (A) The fees and any applicable penalty under subdivision (b)(3) of this section; and (B) An additional penalty of one thousand dollars ($1,000). (5) (A) The Board of Electrical Examiners of the State of Arkansas may, after hearing, deny renewal or reinstatement of a license for cause. (B) The applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the board. (6) If a person simultaneously holds an electrical inspector license and a license as a master electrician or a journeyman electrician, the person, when renewing his or her master electrician or journeyman electrician license, shall be exempt from the: (A) Renewal fee under this section; and (B) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 .

(1) Licenses shall expire on the date indicated on the licenses.

(2) The license may be renewed for a period of one (1), two (2), or three (3) years with the fee to be as follows: (A) Master electrician ............... $50.00 per year (B) Journeyman electrician ............... 25.00 per year (C) Industrial maintenance electrician ............... 25.00 per year (D) Residential master electrician ............... 50.00 per year (E) Residential journeyman electrician ............... 25.00 per year (F) Air conditioning electrician ............... 25.00 per year (G) Specialist sign electrician ............... 25.00 per year.

(A) Master electrician ............... $50.00 per year

(B) Journeyman electrician ............... 25.00 per year

(C) Industrial maintenance electrician ............... 25.00 per year

(D) Residential master electrician ............... 50.00 per year

(E) Residential journeyman electrician ............... 25.00 per year

(F) Air conditioning electrician ............... 25.00 per year

(G) Specialist sign electrician ............... 25.00 per year.

(3) A licensee may renew his or her license within thirty-six (36) months following the expiration date on the license by paying: (A) The renewal fee under subdivision (b)(2) of this section; (B) A late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of application for renewal; and (C) Any outstanding monetary civil penalty.

(A) The renewal fee under subdivision (b)(2) of this section;

(B) A late fee equal to one (1) year of the renewal fee plus ten dollars ($10.00) for each calendar month between the expiration date indicated on the license and the date of application for renewal; and

(C) Any outstanding monetary civil penalty.

(4) If a licensee shall fail to renew his or her license within thirty-six (36) months after the expiration date on the license, the licensee may reinstate his or her license by paying: (A) The fees and any applicable penalty under subdivision (b)(3) of this section; and (B) An additional penalty of one thousand dollars ($1,000).

(A) The fees and any applicable penalty under subdivision (b)(3) of this section; and

(B) An additional penalty of one thousand dollars ($1,000).

(5) (A) The Board of Electrical Examiners of the State of Arkansas may, after hearing, deny renewal or reinstatement of a license for cause. (B) The applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the board.

(A) The Board of Electrical Examiners of the State of Arkansas may, after hearing, deny renewal or reinstatement of a license for cause.

(B) The applicant for renewal or reinstatement of a license may obtain a temporary license to expire on the date of his or her hearing before the board.

(6) If a person simultaneously holds an electrical inspector license and a license as a master electrician or a journeyman electrician, the person, when renewing his or her master electrician or journeyman electrician license, shall be exempt from the: (A) Renewal fee under this section; and (B) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 .

(A) Renewal fee under this section; and

(B) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 .

(c) The registration fee for an electrical apprentice shall be ten dollars ($10.00) annually. Apprentice registration certificates shall expire on the last day of the month, one (1) year following the date of original registration.

(d) (1) The board may issue a temporary license as a master electrician or journeyman electrician that is valid for no more than six (6) months and renewable one (1) time only for industry projects as defined in this chapter, upon submission by the applicant of the following: (A) A temporary license fee in the amount established by subsection (a) of this section; (B) A completed application on a form furnished and approved by the board; and (C) Evidence that the applicant: (i) Holds a current license of the same classification issued by another state; or (ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician. (2) The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the board for more than one (1) additional period of six (6) months, if: (A) The renewal is for work to be performed on a specific industry project as defined in this chapter; (B) The director determines that the additional renewal is necessary because: (i) Actual construction will exceed one (1) year; and (ii) An insufficient number of licensed electricians is available to perform the necessary work; (C) The temporary license is restricted to the industry project for which it is issued; and (D) A temporary license fee in the amount established in subsection (a) of this section is paid. (3) (A) The board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shutdowns of not longer than six (6) weeks on industry projects as defined in this chapter. (B) An applicant for a new or renewed temporary license under subdivision (d)(3)(A) of this section shall submit the same items as are required in subdivision (d)(1) of this section.

(1) The board may issue a temporary license as a master electrician or journeyman electrician that is valid for no more than six (6) months and renewable one (1) time only for industry projects as defined in this chapter, upon submission by the applicant of the following: (A) A temporary license fee in the amount established by subsection (a) of this section; (B) A completed application on a form furnished and approved by the board; and (C) Evidence that the applicant: (i) Holds a current license of the same classification issued by another state; or (ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician.

(A) A temporary license fee in the amount established by subsection (a) of this section;

(B) A completed application on a form furnished and approved by the board; and

(C) Evidence that the applicant: (i) Holds a current license of the same classification issued by another state; or (ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician.

(i) Holds a current license of the same classification issued by another state; or

(ii) Meets the experience qualifications required under rules promulgated by the board for a temporary master electrician or a temporary journeyman electrician.

(2) The Director of the Division of Occupational and Professional Licensing Boards and Commissions may renew a temporary license as a master electrician or journeyman electrician issued by the board for more than one (1) additional period of six (6) months, if: (A) The renewal is for work to be performed on a specific industry project as defined in this chapter; (B) The director determines that the additional renewal is necessary because: (i) Actual construction will exceed one (1) year; and (ii) An insufficient number of licensed electricians is available to perform the necessary work; (C) The temporary license is restricted to the industry project for which it is issued; and (D) A temporary license fee in the amount established in subsection (a) of this section is paid.

(A) The renewal is for work to be performed on a specific industry project as defined in this chapter;

(B) The director determines that the additional renewal is necessary because: (i) Actual construction will exceed one (1) year; and (ii) An insufficient number of licensed electricians is available to perform the necessary work;

(i) Actual construction will exceed one (1) year; and

(ii) An insufficient number of licensed electricians is available to perform the necessary work;

(C) The temporary license is restricted to the industry project for which it is issued; and

(D) A temporary license fee in the amount established in subsection (a) of this section is paid.

(3) (A) The board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shutdowns of not longer than six (6) weeks on industry projects as defined in this chapter. (B) An applicant for a new or renewed temporary license under subdivision (d)(3)(A) of this section shall submit the same items as are required in subdivision (d)(1) of this section.

(A) The board may issue and renew a temporary license as a master electrician or journeyman electrician for regularly scheduled or emergency maintenance work or shutdowns of not longer than six (6) weeks on industry projects as defined in this chapter.

(B) An applicant for a new or renewed temporary license under subdivision (d)(3)(A) of this section shall submit the same items as are required in subdivision (d)(1) of this section.

(e) A specialist sign electrician under § 17-28-101 shall qualify for an endorsement on his or her license authorizing the licensee to maintain and repair parking lot lights upon successfully passing a separate examination as approved by the board.

Amended by Act 2019, No. 910,§ 5422, eff. 7/1/2019.

Amended by Act 2017, No. 766,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 476,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 476,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 381,§ 1, eff. 3/6/2017.

Amended by Act 2013, No. 756,§ 2, eff. 8/16/2013.

Acts 1979, No. 870, §§ 5, 6; 1983, No. 866, § 4; 1985, No. 355, § 1; A.S.A. 1947, §§ 71-5305, 71-5306; Acts 1993, No. 831, § 2; 1997, No. 1289, § 7; 1999, No. 894, § 2; 2007, No. 495, §§ 1, 2; 2009, No. 312, § 1; 2009, No. 1188, § 3.
Ark. Code Ann. § 17-25-601 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-601
Definitions
Status: in_force

As used in this subchapter: (1) "Home improvement contractor" means a home improvement contractor licensed under § 17-25-501 et seq.; (2) "Nonresident roofing contractor" means a roofing contractor that: (A) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year; (B) Claims residency in another state; or (C) Has not submitted an income tax return as a resident of this state within the preceding year; (3) "Residential building contractor" means a residential building contractor licensed under § 17-25-501 et seq.; and (4) (A) "Roofing contractor" means a person, including a subcontractor or nonresident roofing contractor, that in the ordinary course of business: (i) Engages in the business of residential roofing services for a fee; or (ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing. (B) "Roofing contractor" does not include a person that is: (i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; (ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or (iii) Exempt from the requirements of this subchapter. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

As used in this subchapter:

(1) "Home improvement contractor" means a home improvement contractor licensed under § 17-25-501 et seq.;

(2) "Nonresident roofing contractor" means a roofing contractor that: (A) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year; (B) Claims residency in another state; or (C) Has not submitted an income tax return as a resident of this state within the preceding year;

(A) Has not established and maintained a place of business as a roofing contractor in this state within the preceding year;

(B) Claims residency in another state; or

(C) Has not submitted an income tax return as a resident of this state within the preceding year;

(3) "Residential building contractor" means a residential building contractor licensed under § 17-25-501 et seq.; and

(4) (A) "Roofing contractor" means a person, including a subcontractor or nonresident roofing contractor, that in the ordinary course of business: (i) Engages in the business of residential roofing services for a fee; or (ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing. (B) "Roofing contractor" does not include a person that is: (i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; (ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or (iii) Exempt from the requirements of this subchapter.

(A) "Roofing contractor" means a person, including a subcontractor or nonresident roofing contractor, that in the ordinary course of business: (i) Engages in the business of residential roofing services for a fee; or (ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing.

(i) Engages in the business of residential roofing services for a fee; or

(ii) Offers to engage in or solicits residential roofing-related services, including construction, installation, renovation, repair, maintenance, alteration, and waterproofing.

(B) "Roofing contractor" does not include a person that is: (i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material; (ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or (iii) Exempt from the requirements of this subchapter.

(i) Engaged in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material;

(ii) Working under the direct supervision of a roofing contractor and that is hired by the roofing contractor as an employee or day laborer; or

(iii) Exempt from the requirements of this subchapter.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-40-337 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-337
Commission - Applicant qualifications
Status: in_force

(a) A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who: (1) Is under twenty-one (21) years of age; (2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged: (A) An offense listed under § 17-40-306(d) ; (B) A crime involving the use of a firearm; or (C) A crime involving the use of alcohol while in possession of a firearm; (3) Has committed an act that would be grounds for suspension or revocation under this chapter; (4) Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police; (5) May not lawfully possess a firearm; (6) (A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation. (B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications. (C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check; (7) Has been adjudicated as mentally incompetent or has been involuntarily committed to a mental institution or mental health treatment facility; (8) Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (9) Is suffering from habitual drunkenness or from narcotics addiction or dependence; (10) Has been discharged from the United States Armed Forces under dishonorable conditions; or (11) Is not in compliance with any other reasonable qualification that the director may set by rule. (b) The director shall not issue a commission as a commissioned security officer or as a commissioned school security officer to an applicant employed by a licensee or the security department of a private business or school unless the applicant submits evidence satisfactory to the director that he or she meets all qualifications established by this chapter and by the rules of the director. Amended by Act 2019, No. 910,§ 5990, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5989, eff. 7/1/2019. Amended by Act 2016EX3, No. 11,§ 5, eff. 5/23/2016. Amended by Act 2016EX3, No. 10,§ 5, eff. 5/23/2016. Amended by Act 2015, No. 393,§ 81, eff. 9/1/2015. Acts 1977, No. 429, §§ 19, 36; A.S.A. 1947, §§ 71-2140, 71-2157; Acts 2005, No. 2237, § 4.

(a) A commission as a commissioned security officer or a commissioned school security officer shall not be issued under this chapter to an individual who: (1) Is under twenty-one (21) years of age; (2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged: (A) An offense listed under § 17-40-306(d) ; (B) A crime involving the use of a firearm; or (C) A crime involving the use of alcohol while in possession of a firearm; (3) Has committed an act that would be grounds for suspension or revocation under this chapter; (4) Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police; (5) May not lawfully possess a firearm; (6) (A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation. (B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications. (C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check; (7) Has been adjudicated as mentally incompetent or has been involuntarily committed to a mental institution or mental health treatment facility; (8) Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (9) Is suffering from habitual drunkenness or from narcotics addiction or dependence; (10) Has been discharged from the United States Armed Forces under dishonorable conditions; or (11) Is not in compliance with any other reasonable qualification that the director may set by rule.

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

(2) Has been found guilty of or who has pleaded guilty or nolo contendere to any of the following offenses, whether or not those offenses have been sealed or expunged: (A) An offense listed under § 17-40-306(d) ; (B) A crime involving the use of a firearm; or (C) A crime involving the use of alcohol while in possession of a firearm;

(A) An offense listed under § 17-40-306(d) ;

(B) A crime involving the use of a firearm; or

(C) A crime involving the use of alcohol while in possession of a firearm;

(3) Has committed an act that would be grounds for suspension or revocation under this chapter;

(4) Does not meet the qualifications for a commission as determined by the Director of the Division of Arkansas State Police;

(5) May not lawfully possess a firearm;

(6) (A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation. (B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications. (C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check;

(A) Has not successfully completed a state and national criminal background check to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.

(B) Criminal history records from the Arkansas Crime Information Center shall be available to the director for review of the applicant's qualifications.

(C) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints.

(D) The individual applicant shall sign a release of information to the director and shall make payment of any fee associated with the state and national criminal background check;

(7) Has been adjudicated as mentally incompetent or has been involuntarily committed to a mental institution or mental health treatment facility;

(8) Is a registered sex offender or required to be registered as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(9) Is suffering from habitual drunkenness or from narcotics addiction or dependence;

(10) Has been discharged from the United States Armed Forces under dishonorable conditions; or

(11) Is not in compliance with any other reasonable qualification that the director may set by rule.

(b) The director shall not issue a commission as a commissioned security officer or as a commissioned school security officer to an applicant employed by a licensee or the security department of a private business or school unless the applicant submits evidence satisfactory to the director that he or she meets all qualifications established by this chapter and by the rules of the director.

Amended by Act 2019, No. 910,§ 5990, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5989, eff. 7/1/2019.

Amended by Act 2016EX3, No. 11,§ 5, eff. 5/23/2016.

Amended by Act 2016EX3, No. 10,§ 5, eff. 5/23/2016.

Amended by Act 2015, No. 393,§ 81, eff. 9/1/2015.

Acts 1977, No. 429, §§ 19, 36; A.S.A. 1947, §§ 71-2140, 71-2157; Acts 2005, No. 2237, § 4.
Ark. Code Ann. § 17-104-102 — AR Code / Title 17 / Chapter 104 / Subchapter 1 / Section 17-104-102
Definitions
Status: in_force

As used in this chapter: (1) "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver, or other organs; (2) "Licensed perfusionist" means a person licensed under this chapter; (3) "Perfusion" means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory systems or other organs, or a combination of those activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and supervision of a licensed physician, including: (A) The use of extracorporeal circulation, long-term cardiopulmonary support techniques, including, but not limited to, extracorporeal carbon-dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies; (B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and related functions; (D) The administration of pharmacological and therapeutic agents or blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line for perfusion purposes as ordered by a physician; (E) The performance and use of: (i) Anticoagulation monitoring and analysis; (ii) Physiologic monitoring and analysis; (iii) Blood gas and chemistry monitoring and analysis; (iv) Hematologic monitoring and analysis; (v) Hypothermia; (vi) Hyperthermia; (vii) Hemoconcentration and hemodilution; and (viii) Hemodialysis; and (F) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols, or changes in or the initiation of emergency procedures; (4) "Perfusion protocols" means perfusion-related policies and protocols developed or approved by a licensed healthcare facility or a physician through collaboration with administrators, licensed perfusionists, and other healthcare professionals; and (5) "Provisional licensed perfusionist" means a person provisionally licensed under this chapter. Amended by Act 2019, No. 386,§ 60, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 59, eff. 7/24/2019. Amended by Act 2017, No. 540,§ 35, eff. 8/1/2017. Acts 1999, No. 888, § 2.

As used in this chapter:

(1) "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver, or other organs;

(2) "Licensed perfusionist" means a person licensed under this chapter;

(3) "Perfusion" means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory systems or other organs, or a combination of those activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and supervision of a licensed physician, including: (A) The use of extracorporeal circulation, long-term cardiopulmonary support techniques, including, but not limited to, extracorporeal carbon-dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies; (B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and related functions; (D) The administration of pharmacological and therapeutic agents or blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line for perfusion purposes as ordered by a physician; (E) The performance and use of: (i) Anticoagulation monitoring and analysis; (ii) Physiologic monitoring and analysis; (iii) Blood gas and chemistry monitoring and analysis; (iv) Hematologic monitoring and analysis; (v) Hypothermia; (vi) Hyperthermia; (vii) Hemoconcentration and hemodilution; and (viii) Hemodialysis; and (F) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols, or changes in or the initiation of emergency procedures;

(A) The use of extracorporeal circulation, long-term cardiopulmonary support techniques, including, but not limited to, extracorporeal carbon-dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies;

(B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion;

(C) The use of techniques involving blood management, advanced life support, and related functions;

(D) The administration of pharmacological and therapeutic agents or blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line for perfusion purposes as ordered by a physician;

(E) The performance and use of: (i) Anticoagulation monitoring and analysis; (ii) Physiologic monitoring and analysis; (iii) Blood gas and chemistry monitoring and analysis; (iv) Hematologic monitoring and analysis; (v) Hypothermia; (vi) Hyperthermia; (vii) Hemoconcentration and hemodilution; and (viii) Hemodialysis; and

(i) Anticoagulation monitoring and analysis;

(ii) Physiologic monitoring and analysis;

(iii) Blood gas and chemistry monitoring and analysis;

(iv) Hematologic monitoring and analysis;

(v) Hypothermia;

(vi) Hyperthermia;

(vii) Hemoconcentration and hemodilution; and

(viii) Hemodialysis; and

(F) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols, or changes in or the initiation of emergency procedures;

(4) "Perfusion protocols" means perfusion-related policies and protocols developed or approved by a licensed healthcare facility or a physician through collaboration with administrators, licensed perfusionists, and other healthcare professionals; and

(5) "Provisional licensed perfusionist" means a person provisionally licensed under this chapter.

Amended by Act 2019, No. 386,§ 60, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 59, eff. 7/24/2019.

Amended by Act 2017, No. 540,§ 35, eff. 8/1/2017.

Acts 1999, No. 888, § 2.
Ark. Code Ann. § 17-32-205 — AR Code / Title 17 / Chapter 32 / Subchapter 2 / Section 17-32-205
Code of professional conduct
Status: in_force

(a) (1) The State Board of Registration for Professional Geologists shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this chapter and which shall be published in the roster provided for in this chapter. (2) This publication shall constitute due notice to all registrants. (b) (1) The board may revise and amend this code of ethics from time to time. (2) The board shall immediately notify each registrant in writing of any revisions or amendments. Acts 1987, No. 470, § 9; 1987, No. 701, § 9.

(a) (1) The State Board of Registration for Professional Geologists shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this chapter and which shall be published in the roster provided for in this chapter. (2) This publication shall constitute due notice to all registrants.

(1) The State Board of Registration for Professional Geologists shall cause to have prepared and shall adopt a code of professional conduct which shall be made known in writing to every registrant and applicant for registration under this chapter and which shall be published in the roster provided for in this chapter.

(2) This publication shall constitute due notice to all registrants.

(b) (1) The board may revise and amend this code of ethics from time to time. (2) The board shall immediately notify each registrant in writing of any revisions or amendments.

(1) The board may revise and amend this code of ethics from time to time.

(2) The board shall immediately notify each registrant in writing of any revisions or amendments.

Acts 1987, No. 470, § 9; 1987, No. 701, § 9.
Ark. Code Ann. § 17-92-1101 — AR Code / Title 17 / Chapter 92 / Subchapter 11 / Section 17-92-1101
Purpose
Status: in_force

It is the purpose of this subchapter to: (1) Improve the health of in-need Arkansans through a prescription drug redispensing program that authorizes charitable clinic pharmacies to redispense medicines that would otherwise be destroyed; and (2) Reaffirm the existing broad latitude of the Arkansas State Board of Pharmacy to protect the safety of the prescription drug supply in this state. Acts 2005, No. 162, § 1.

It is the purpose of this subchapter to:

(1) Improve the health of in-need Arkansans through a prescription drug redispensing program that authorizes charitable clinic pharmacies to redispense medicines that would otherwise be destroyed; and

(2) Reaffirm the existing broad latitude of the Arkansas State Board of Pharmacy to protect the safety of the prescription drug supply in this state.

Acts 2005, No. 162, § 1.
Ark. Code Ann. § 17-25-602 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-602
Authority
Status: in_force

The Residential Contractors Committee may: (1) Issue, modify, suspend, and revoke a roofing contractor registration certificate issued by the committee; (2) Establish qualifications for roofing contractor registration certificates issued by the committee; (3) Enforce this subchapter and the rules of the committee; (4) Issue rules necessary for the implementation of this subchapter; (5) Levy civil penalties under this subchapter; (6) Issue orders of abatement for violations of this subchapter in the same manner and to the same extent as authorized for the Contractors Licensing Board under § 17-25-103 ; and (7) Seek a civil remedy available to the board. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

The Residential Contractors Committee may:

(1) Issue, modify, suspend, and revoke a roofing contractor registration certificate issued by the committee;

(2) Establish qualifications for roofing contractor registration certificates issued by the committee;

(3) Enforce this subchapter and the rules of the committee;

(4) Issue rules necessary for the implementation of this subchapter;

(5) Levy civil penalties under this subchapter;

(6) Issue orders of abatement for violations of this subchapter in the same manner and to the same extent as authorized for the Contractors Licensing Board under § 17-25-103 ; and

(7) Seek a civil remedy available to the board.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-39-304 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-304
Application for license - Proof and fee
Status: in_force

A person who desires to be licensed as a certified voice stress analysis examiner and conduct voice stress analysis examinations within this state shall apply for licensure to the Director of the Division of Arkansas State Police and shall submit with the application documentation that the applicant: (1) Is at least twenty-one (21) years of age at the time of application; (2) Has paid the fees required under § 17-39-305 ; (3) Has submitted two (2) recent passport-style photographs of the applicant; (4) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; (5) (A) Has successfully completed a state and national criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (5), the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (6) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) years of active law enforcement or correctional employee experience; (7) Has successfully completed a course of training that has been approved by the Director of the Division of Arkansas State Police offering a certification in the operation of the voice stress analysis machine and submits a copy of the certification with the application; and (8) (A) Has provided evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police in the amount of five thousand dollars ($5,000) or proof that the applicant is covered by a business insurance policy. (B) The surety bond shall be issued on the condition that the obligor will pay to the extent of the face value of the surety bond or insurance policy all judgments that may be recovered against the applicant by reason of a wrongful or illegal act committed by him or her in the course of conducting voice stress analysis examinations. (C) An applicant who is conducting voice stress analysis examinations in the course of his or her employment with a law enforcement agency, in lieu of a surety bond, may submit a letter from the county sheriff, chief of police, or director of the law enforcement agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (8). Amended by Act 2021, No. 936,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5951, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5950, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 29, eff. 9/1/2015. Amended by Act 2013, No. 1472,§ 2, eff. 8/16/2013. Acts 1987, No. 858, § 3; 1989, No. 410, § 1; 1993, No. 1219, § 9.

A person who desires to be licensed as a certified voice stress analysis examiner and conduct voice stress analysis examinations within this state shall apply for licensure to the Director of the Division of Arkansas State Police and shall submit with the application documentation that the applicant:

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

(2) Has paid the fees required under § 17-39-305 ;

(3) Has submitted two (2) recent passport-style photographs of the applicant;

(4) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.;

(5) (A) Has successfully completed a state and national criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (5), the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(A) Has successfully completed a state and national criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude.

(i) Felony;

(ii) Class A misdemeanor;

(iii) Crime involving violence; or

(iv) Crime involving moral turpitude.

(B) For purposes of this subdivision (5), the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(6) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) years of active law enforcement or correctional employee experience;

(7) Has successfully completed a course of training that has been approved by the Director of the Division of Arkansas State Police offering a certification in the operation of the voice stress analysis machine and submits a copy of the certification with the application; and

(8) (A) Has provided evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police in the amount of five thousand dollars ($5,000) or proof that the applicant is covered by a business insurance policy. (B) The surety bond shall be issued on the condition that the obligor will pay to the extent of the face value of the surety bond or insurance policy all judgments that may be recovered against the applicant by reason of a wrongful or illegal act committed by him or her in the course of conducting voice stress analysis examinations. (C) An applicant who is conducting voice stress analysis examinations in the course of his or her employment with a law enforcement agency, in lieu of a surety bond, may submit a letter from the county sheriff, chief of police, or director of the law enforcement agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (8).

(A) Has provided evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police in the amount of five thousand dollars ($5,000) or proof that the applicant is covered by a business insurance policy.

(B) The surety bond shall be issued on the condition that the obligor will pay to the extent of the face value of the surety bond or insurance policy all judgments that may be recovered against the applicant by reason of a wrongful or illegal act committed by him or her in the course of conducting voice stress analysis examinations.

(C) An applicant who is conducting voice stress analysis examinations in the course of his or her employment with a law enforcement agency, in lieu of a surety bond, may submit a letter from the county sheriff, chief of police, or director of the law enforcement agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (8).

Amended by Act 2021, No. 936,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5951, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5950, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 29, eff. 9/1/2015.

Amended by Act 2013, No. 1472,§ 2, eff. 8/16/2013.

Acts 1987, No. 858, § 3; 1989, No. 410, § 1; 1993, No. 1219, § 9.
Ark. Code Ann. § 17-87-308 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-308
Renewal of licenses
Status: in_force

(a) (1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical biennial renewal of licenses to every person licensed by the board. (2) In each case, the board shall mail a notification for renewal to the licensee at least thirty (30) days before the expiration date of the license. (b) Upon receipt of the application and the fee, the board shall verify the accuracy of the application and renew the license for a period to expire on the last day of the current biennial cycle. (c) The renewal shall render the holder a legal practitioner of nursing for the period stated in subsection (b) of this section. (d) Any licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated by the board on payment of the renewal fee plus a penalty. (e) Any person practicing nursing during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter. (f) (1) (A) An individual may place his or her license on inactive status with written notification to the board. (B) The holder of an inactive license shall not practice nursing in this state. (2) (A) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive or lapsed license. (B) When proceedings to suspend or revoke an inactive license or otherwise discipline the holder of an inactive license have been initiated, the license shall not be reinstated until the proceedings have been completed. (3) An inactive license may be placed in an active status upon compliance with the rules established by the board. (g) As a condition of licensure renewal, an advanced practice registered nurse shall submit proof of current national certification and successful completion of continuing education as required by the board. (h) The board shall waive the renewal fee of a nurse who: (1) Holds a license to practice nursing in the State of Arkansas; and (2) Is an active duty member of the United States Armed Forces or a member of the Arkansas National Guard on state active duty. Amended by Act 2019, No. 462,§ 15, eff. 7/24/2019. Amended by Act 2017, No. 204,§ 4, eff. 8/1/2017. Amended by Act 2013, No. 604,§ 14, eff. 8/16/2013. Acts 1971, No. 432, § 13; 1981 (1st Ex. Sess.), No. 19, § 9; A.S.A. 1947, § 72-757; Acts 1987, No. 147, § 1; 1995, No. 409, § 14; 1997, No. 179, § 14; 2005, No. 61, § 1.

(a) (1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical biennial renewal of licenses to every person licensed by the board. (2) In each case, the board shall mail a notification for renewal to the licensee at least thirty (30) days before the expiration date of the license.

(1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical biennial renewal of licenses to every person licensed by the board.

(2) In each case, the board shall mail a notification for renewal to the licensee at least thirty (30) days before the expiration date of the license.

(b) Upon receipt of the application and the fee, the board shall verify the accuracy of the application and renew the license for a period to expire on the last day of the current biennial cycle.

(c) The renewal shall render the holder a legal practitioner of nursing for the period stated in subsection (b) of this section.

(d) Any licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated by the board on payment of the renewal fee plus a penalty.

(e) Any person practicing nursing during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter.

(f) (1) (A) An individual may place his or her license on inactive status with written notification to the board. (B) The holder of an inactive license shall not practice nursing in this state. (2) (A) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive or lapsed license. (B) When proceedings to suspend or revoke an inactive license or otherwise discipline the holder of an inactive license have been initiated, the license shall not be reinstated until the proceedings have been completed. (3) An inactive license may be placed in an active status upon compliance with the rules established by the board.

(1) (A) An individual may place his or her license on inactive status with written notification to the board. (B) The holder of an inactive license shall not practice nursing in this state.

(A) An individual may place his or her license on inactive status with written notification to the board.

(B) The holder of an inactive license shall not practice nursing in this state.

(2) (A) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive or lapsed license. (B) When proceedings to suspend or revoke an inactive license or otherwise discipline the holder of an inactive license have been initiated, the license shall not be reinstated until the proceedings have been completed.

(A) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive or lapsed license.

(B) When proceedings to suspend or revoke an inactive license or otherwise discipline the holder of an inactive license have been initiated, the license shall not be reinstated until the proceedings have been completed.

(3) An inactive license may be placed in an active status upon compliance with the rules established by the board.

(g) As a condition of licensure renewal, an advanced practice registered nurse shall submit proof of current national certification and successful completion of continuing education as required by the board.

(h) The board shall waive the renewal fee of a nurse who: (1) Holds a license to practice nursing in the State of Arkansas; and (2) Is an active duty member of the United States Armed Forces or a member of the Arkansas National Guard on state active duty.

(1) Holds a license to practice nursing in the State of Arkansas; and

(2) Is an active duty member of the United States Armed Forces or a member of the Arkansas National Guard on state active duty.

Amended by Act 2019, No. 462,§ 15, eff. 7/24/2019.

Amended by Act 2017, No. 204,§ 4, eff. 8/1/2017.

Amended by Act 2013, No. 604,§ 14, eff. 8/16/2013.

Acts 1971, No. 432, § 13; 1981 (1st Ex. Sess.), No. 19, § 9; A.S.A. 1947, § 72-757; Acts 1987, No. 147, § 1; 1995, No. 409, § 14; 1997, No. 179, § 14; 2005, No. 61, § 1.
Ark. Code Ann. § 17-105-106 — AR Code / Title 17 / Chapter 105 / Section 17-105-106
Exemption from licensure
Status: in_force

This chapter does not require licensure of: (1) A physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or by its successor agency; (2) A physician assistant employed in the service of the United States Government while performing duties incident to that employment; (3) Technicians, other assistants, or employees of physicians who perform delegated tasks in the office of a physician but who are not rendering services as a physician assistant or identifying themselves as a physician assistant; (4) A physician assistant in the service of the Department of the Military or the Arkansas National Guard, or both. These physician assistants shall be allowed to perform their physician assistant practice duties, including prescribing, in the same manner as they would if federalized by the United States Government; (5) A physician assistant who is temporarily transiting through the State of Arkansas while caring for a patient, provided that he or she remains under the supervision of his or her supervising physician; or (6) A physician assistant providing services through a program in partnership with federal Innovative Readiness Training if the physician assistant has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia. Amended by Act 2021, No. 634,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5543, eff. 7/1/2019. Amended by Act 2017, No. 205,§ 10, eff. 8/1/2017. Acts 1999, No. 851, § 6.

This chapter does not require licensure of:

(1) A physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or by its successor agency;

(2) A physician assistant employed in the service of the United States Government while performing duties incident to that employment;

(3) Technicians, other assistants, or employees of physicians who perform delegated tasks in the office of a physician but who are not rendering services as a physician assistant or identifying themselves as a physician assistant;

(4) A physician assistant in the service of the Department of the Military or the Arkansas National Guard, or both. These physician assistants shall be allowed to perform their physician assistant practice duties, including prescribing, in the same manner as they would if federalized by the United States Government;

(5) A physician assistant who is temporarily transiting through the State of Arkansas while caring for a patient, provided that he or she remains under the supervision of his or her supervising physician; or

(6) A physician assistant providing services through a program in partnership with federal Innovative Readiness Training if the physician assistant has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

Amended by Act 2021, No. 634,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5543, eff. 7/1/2019.

Amended by Act 2017, No. 205,§ 10, eff. 8/1/2017.

Acts 1999, No. 851, § 6.
Ark. Code Ann. § 17-19-108 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-108
Rules
Status: in_force

The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall adopt such reasonable rules as it shall deem necessary to assure the effective and efficient administration of §§ 17-19-107 and 17-19-212 and § 17-19-401 et seq. Amended by Act 2019, No. 315,§ 1359, eff. 7/24/2019. Acts 1993, No. 499, § 7.

The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall adopt such reasonable rules as it shall deem necessary to assure the effective and efficient administration of §§ 17-19-107 and 17-19-212 and § 17-19-401 et seq.

Amended by Act 2019, No. 315,§ 1359, eff. 7/24/2019.

Acts 1993, No. 499, § 7.
Ark. Code Ann. § 17-42-502 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-502
Definitions
Status: in_force

As used in this subchapter: (1) "Accredited college or university" means a state-supported institution of higher education or a nonpublic, not-for-profit college or university currently incorporated and recognized by the Arkansas Higher Education Coordinating Board as an Arkansas independent institution of higher education operating under the applicable laws of this state; (2) "Administrator" means a person employed by a real estate trade or professional association licensed by the Arkansas Real Estate Commission; (3) "Approved course" means a course of instruction approved by the commission that satisfies the education requirements for prelicense education, postlicense education, or continuing education for a real estate license; (4) "Associate instructor" means a person who is licensed by the commission to teach real estate courses while under the supervision of an administrator or principal instructor that satisfy the education requirements for a real estate license; (5) "Association license" means a license granted by the commission to a real estate trade or professional association offering approved education that satisfies education requirements for a real estate license; (6) "Branch school" means a school affiliated with a main school to which the commission has issued a school license; (7) "Classroom course" means a real estate course that: (A) Is presented at a facility in person by an instructor and attended in person by the student; or (B) Connects by contemporaneous, two-way audio and visual technology an instructor and a student who are separated by distance; (8) "Distance education" means a real estate course that is delivered through an electronic medium that allows the instructor and student to be separated by both distance and time; (9) "Guest speaker" means a person who is not licensed by the commission who teaches a part of a course approved by the commission; (10) "Instructional site" means a physical place where education courses approved by the commission are conducted apart from the main school or branch school; (11) "Main school" means an institution or organization that is the primary school location to which the commission has issued a school license; (12) "Nonqualified offering" means a course in real estate education that has not been approved by the commission but is offered to persons intending to apply for a real estate license; (13) "Postlicense education" means real estate education required to be successfully completed within a time frame established by the commission after a real estate license is issued; (14) "Prelicense education" means real estate education required to be successfully completed by an applicant before sitting for the examination for a broker or salesperson license; (15) (A) "Principal instructor" means a person who is licensed by the commission for each licensed school that is responsible for the education courses at a main school and the acts necessary to comply with this subchapter and rules enacted by the commission. (B) A principal instructor may: (i) Contract with or employ an associate instructor or guest speaker; (ii) Supervise an associate instructor or guest speaker; (iii) Submit an education course to the commission for approval; (iv) Advertise as being engaged in the business of offering real estate education courses; and (v) Charge tuition and fees for real estate education courses; (16) "Satisfactory completion" means, as determined by a principal instructor, successful completion of a required course that is approved by the commission; (17) "School license" means a license granted by the commission to a proprietary education institution offering education courses approved by the commission that fulfill mandatory education requirements for attaining or maintaining a real estate license; and (18) "Student" means an applicant or licensee who attends real estate education courses approved by the commission. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1999, No. 471, § 2.

As used in this subchapter:

(1) "Accredited college or university" means a state-supported institution of higher education or a nonpublic, not-for-profit college or university currently incorporated and recognized by the Arkansas Higher Education Coordinating Board as an Arkansas independent institution of higher education operating under the applicable laws of this state;

(2) "Administrator" means a person employed by a real estate trade or professional association licensed by the Arkansas Real Estate Commission;

(3) "Approved course" means a course of instruction approved by the commission that satisfies the education requirements for prelicense education, postlicense education, or continuing education for a real estate license;

(4) "Associate instructor" means a person who is licensed by the commission to teach real estate courses while under the supervision of an administrator or principal instructor that satisfy the education requirements for a real estate license;

(5) "Association license" means a license granted by the commission to a real estate trade or professional association offering approved education that satisfies education requirements for a real estate license;

(6) "Branch school" means a school affiliated with a main school to which the commission has issued a school license;

(7) "Classroom course" means a real estate course that: (A) Is presented at a facility in person by an instructor and attended in person by the student; or (B) Connects by contemporaneous, two-way audio and visual technology an instructor and a student who are separated by distance;

(A) Is presented at a facility in person by an instructor and attended in person by the student; or

(B) Connects by contemporaneous, two-way audio and visual technology an instructor and a student who are separated by distance;

(8) "Distance education" means a real estate course that is delivered through an electronic medium that allows the instructor and student to be separated by both distance and time;

(9) "Guest speaker" means a person who is not licensed by the commission who teaches a part of a course approved by the commission;

(10) "Instructional site" means a physical place where education courses approved by the commission are conducted apart from the main school or branch school;

(11) "Main school" means an institution or organization that is the primary school location to which the commission has issued a school license;

(12) "Nonqualified offering" means a course in real estate education that has not been approved by the commission but is offered to persons intending to apply for a real estate license;

(13) "Postlicense education" means real estate education required to be successfully completed within a time frame established by the commission after a real estate license is issued;

(14) "Prelicense education" means real estate education required to be successfully completed by an applicant before sitting for the examination for a broker or salesperson license;

(15) (A) "Principal instructor" means a person who is licensed by the commission for each licensed school that is responsible for the education courses at a main school and the acts necessary to comply with this subchapter and rules enacted by the commission. (B) A principal instructor may: (i) Contract with or employ an associate instructor or guest speaker; (ii) Supervise an associate instructor or guest speaker; (iii) Submit an education course to the commission for approval; (iv) Advertise as being engaged in the business of offering real estate education courses; and (v) Charge tuition and fees for real estate education courses;

(A) "Principal instructor" means a person who is licensed by the commission for each licensed school that is responsible for the education courses at a main school and the acts necessary to comply with this subchapter and rules enacted by the commission.

(B) A principal instructor may: (i) Contract with or employ an associate instructor or guest speaker; (ii) Supervise an associate instructor or guest speaker; (iii) Submit an education course to the commission for approval; (iv) Advertise as being engaged in the business of offering real estate education courses; and (v) Charge tuition and fees for real estate education courses;

(i) Contract with or employ an associate instructor or guest speaker;

(ii) Supervise an associate instructor or guest speaker;

(iii) Submit an education course to the commission for approval;

(iv) Advertise as being engaged in the business of offering real estate education courses; and

(v) Charge tuition and fees for real estate education courses;

(16) "Satisfactory completion" means, as determined by a principal instructor, successful completion of a required course that is approved by the commission;

(17) "School license" means a license granted by the commission to a proprietary education institution offering education courses approved by the commission that fulfill mandatory education requirements for attaining or maintaining a real estate license; and

(18) "Student" means an applicant or licensee who attends real estate education courses approved by the commission.

Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013.

Acts 1993, No. 690, § 23; 1999, No. 471, § 2.
Ark. Code Ann. § 17-19-109 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-109
Advertising by professional bail bond companies
Status: in_force

(a) All business cards, signs, telephone ads, newspaper ads, or any other type of advertising by professional bail bond companies shall display the company name prominently to assure that the identity of the company doing the advertising is readily apparent. (b) Any such advertising by or on behalf of individual professional bail bondsmen shall prominently display the name of the bail bond company and shall contain no information or other indication that the bail bondsman is independent of the company. Acts 1993, No. 400, § 1.

(a) All business cards, signs, telephone ads, newspaper ads, or any other type of advertising by professional bail bond companies shall display the company name prominently to assure that the identity of the company doing the advertising is readily apparent.

(b) Any such advertising by or on behalf of individual professional bail bondsmen shall prominently display the name of the bail bond company and shall contain no information or other indication that the bail bondsman is independent of the company.

Acts 1993, No. 400, § 1.
Ark. Code Ann. § 17-25-608 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-608
Appeal from committee decision
Status: in_force

(a) A person aggrieved by an action or decision of the Residential Contractors Committee may appeal to the Contractors Licensing Board within ten (10) calendar days after the action or decision under procedures prescribed by the board. (b) A person aggrieved shall be granted an opportunity to address the board regarding the committee's actions, and the final decision of the board shall be binding upon the committee. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

(a) A person aggrieved by an action or decision of the Residential Contractors Committee may appeal to the Contractors Licensing Board within ten (10) calendar days after the action or decision under procedures prescribed by the board.

(b) A person aggrieved shall be granted an opportunity to address the board regarding the committee's actions, and the final decision of the board shall be binding upon the committee.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-101-310 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-310
Continuing education required - Exemptions
Status: in_force

(a) (1) A veterinarian, veterinary technician, or veterinary technologist under this chapter is required to attend an educational program in the twelve (12) months preceding each renewal date. (2) The postgraduate study or attendance at an institution or at an educational session approved by the Arkansas Livestock and Poultry Commission shall be considered equivalent to continuing education requirements. (3) The commission shall have the right, for good cause shown, to prescribe the type and character of postgraduate study to be done by any licensed veterinarian in order to comply with the requirements of this chapter. (b) The commission shall excuse licentiates or certificate holders, as a group or as individuals, from the annual educational requirements in any of the following instances: (1) When no educational program meeting the requirements approved by the commission is conducted within the state; (2) When an affidavit is submitted to the commission evidencing that the licensee, for good cause assigned, was prevented from attending an educational program at the proper time; (3) In the event of an unusual emergency; or (4) If that person holds an inactive license or certificate. (c) (1) A veterinarian, veterinary technician, or veterinary technologist shall fulfill his or her annual education requirements at his or her own expense. (2) The fee for his or her annual education requirements is not included in the license fee. (d) (1) A veterinary technician specialist shall complete an additional eight (8) hours of advanced continuing education in his or her area of specialty each year before veterinary technician specialist certification renewal. (2) A veterinary technician specialist shall maintain an active veterinary technician certification in this state and fulfill all continuing education hours required for the veterinary technician certification. Amended by Act 2023, No. 161,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 691,§ 166, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 167, eff. 7/1/2023. Amended by Act 2019, No. 169,§ 7, eff. 7/24/2019. Acts 1975, No. 650, § 12; A.S.A. 1947, § 72-1143; Acts 1993, No. 1198, § 1.

(a) (1) A veterinarian, veterinary technician, or veterinary technologist under this chapter is required to attend an educational program in the twelve (12) months preceding each renewal date. (2) The postgraduate study or attendance at an institution or at an educational session approved by the Arkansas Livestock and Poultry Commission shall be considered equivalent to continuing education requirements. (3) The commission shall have the right, for good cause shown, to prescribe the type and character of postgraduate study to be done by any licensed veterinarian in order to comply with the requirements of this chapter.

(1) A veterinarian, veterinary technician, or veterinary technologist under this chapter is required to attend an educational program in the twelve (12) months preceding each renewal date.

(2) The postgraduate study or attendance at an institution or at an educational session approved by the Arkansas Livestock and Poultry Commission shall be considered equivalent to continuing education requirements.

(3) The commission shall have the right, for good cause shown, to prescribe the type and character of postgraduate study to be done by any licensed veterinarian in order to comply with the requirements of this chapter.

(b) The commission shall excuse licentiates or certificate holders, as a group or as individuals, from the annual educational requirements in any of the following instances: (1) When no educational program meeting the requirements approved by the commission is conducted within the state; (2) When an affidavit is submitted to the commission evidencing that the licensee, for good cause assigned, was prevented from attending an educational program at the proper time; (3) In the event of an unusual emergency; or (4) If that person holds an inactive license or certificate.

(1) When no educational program meeting the requirements approved by the commission is conducted within the state;

(2) When an affidavit is submitted to the commission evidencing that the licensee, for good cause assigned, was prevented from attending an educational program at the proper time;

(3) In the event of an unusual emergency; or

(4) If that person holds an inactive license or certificate.

(c) (1) A veterinarian, veterinary technician, or veterinary technologist shall fulfill his or her annual education requirements at his or her own expense. (2) The fee for his or her annual education requirements is not included in the license fee.

(1) A veterinarian, veterinary technician, or veterinary technologist shall fulfill his or her annual education requirements at his or her own expense.

(2) The fee for his or her annual education requirements is not included in the license fee.

(d) (1) A veterinary technician specialist shall complete an additional eight (8) hours of advanced continuing education in his or her area of specialty each year before veterinary technician specialist certification renewal. (2) A veterinary technician specialist shall maintain an active veterinary technician certification in this state and fulfill all continuing education hours required for the veterinary technician certification.

(1) A veterinary technician specialist shall complete an additional eight (8) hours of advanced continuing education in his or her area of specialty each year before veterinary technician specialist certification renewal.

(2) A veterinary technician specialist shall maintain an active veterinary technician certification in this state and fulfill all continuing education hours required for the veterinary technician certification.

Amended by Act 2023, No. 161,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 691,§ 166, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 167, eff. 7/1/2023.

Amended by Act 2019, No. 169,§ 7, eff. 7/24/2019.

Acts 1975, No. 650, § 12; A.S.A. 1947, § 72-1143; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-24-104 — AR Code / Title 17 / Chapter 24 / Subchapter 1 / Section 17-24-104
Sanctions
Status: in_force

(a) A collection agency that fails to remit to its client funds collected for the client within the calendar month following the month of collection, shall not be entitled to a collection fee and shall remit the total funds collected to the client. (b) If a collection agency fails to remit funds collected to its client within the calendar month following the month of collection and does not remit the total funds collected for the client to the client within sixty-one (61) days of the date of collection, the State Board of Collection Agencies may: (1) Suspend or revoke the license of the collection agency; and (2) Impose a civil penalty under § 17-24-103 . Acts 1981, No. 366, § 1; A.S.A. 1947, § 71-2016; Acts 2009, No. 1455, § 5.

(a) A collection agency that fails to remit to its client funds collected for the client within the calendar month following the month of collection, shall not be entitled to a collection fee and shall remit the total funds collected to the client.

(b) If a collection agency fails to remit funds collected to its client within the calendar month following the month of collection and does not remit the total funds collected for the client to the client within sixty-one (61) days of the date of collection, the State Board of Collection Agencies may: (1) Suspend or revoke the license of the collection agency; and (2) Impose a civil penalty under § 17-24-103 .

(1) Suspend or revoke the license of the collection agency; and

(2) Impose a civil penalty under § 17-24-103 .

Acts 1981, No. 366, § 1; A.S.A. 1947, § 71-2016; Acts 2009, No. 1455, § 5.
Ark. Code Ann. § 17-26-205 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-205
Powers and duties
Status: in_force

(a) In addition to the other duties set forth in this chapter, the Department of Health shall: (1) Prescribe the duties of the department's employees; (2) Hold examinations as to the qualifications of all applicants for registration whose applications have been submitted to it in proper form, unless otherwise provided; (3) Issue permits and licenses to the applicants who are entitled thereto; (4) Register cosmetological establishments and schools of cosmetology; (5) Implement the State Board of Health's rules: (A) For carrying out the provisions of this chapter; (B) For conducting examinations of applicants for licensing; (C) For governing the recognition and the credits to be given to the study of cosmetology or any of its branches, under a cosmetologist or in a school of cosmetology, licensed under the laws of another state; and (D) For governing health and safety, as it considers necessary, in regard to the precautions to be employed to prevent the creating or spreading of infections or contagious diseases in cosmetological establishments, in schools of cosmetology, and in the practice of a cosmetologist and in any branch of cosmetology, provided the rules meet the minimum requirements of the law. A copy of all rules governing health and safety shall be made available to each licensee. The rules adopted under this subsection shall have the force and effect of law; and (6) Develop rules to establish and implement the domestic violence and sexual assault awareness training required under § 17-26-419 . (b) In addition to the powers conveyed upon the department by this chapter, the department may enforce the provisions of this chapter or any reasonable rule adopted by the board through injunctive process. (c) The department may incur reasonable expenses and perform such other acts as may be necessary to carry out its duties and functions and to administer this chapter. (d) (1) The department shall promulgate rules setting a standard educational curriculum for schools of cosmetology. (2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of cosmetology. Amended by Act 2017, No. 488,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1198,§ 2, eff. 8/16/2013. Acts 1955, No. 358, Art. 1, §§ 7, 12; 1961, No. 490, §§ 1, 2, 11; A.S.A. 1947, §§ 71-820, 71-825, 71-882; Acts 2007, No. 223, § 7; 2009, No. 4, § 3.

(a) In addition to the other duties set forth in this chapter, the Department of Health shall: (1) Prescribe the duties of the department's employees; (2) Hold examinations as to the qualifications of all applicants for registration whose applications have been submitted to it in proper form, unless otherwise provided; (3) Issue permits and licenses to the applicants who are entitled thereto; (4) Register cosmetological establishments and schools of cosmetology; (5) Implement the State Board of Health's rules: (A) For carrying out the provisions of this chapter; (B) For conducting examinations of applicants for licensing; (C) For governing the recognition and the credits to be given to the study of cosmetology or any of its branches, under a cosmetologist or in a school of cosmetology, licensed under the laws of another state; and (D) For governing health and safety, as it considers necessary, in regard to the precautions to be employed to prevent the creating or spreading of infections or contagious diseases in cosmetological establishments, in schools of cosmetology, and in the practice of a cosmetologist and in any branch of cosmetology, provided the rules meet the minimum requirements of the law. A copy of all rules governing health and safety shall be made available to each licensee. The rules adopted under this subsection shall have the force and effect of law; and (6) Develop rules to establish and implement the domestic violence and sexual assault awareness training required under § 17-26-419 .

(1) Prescribe the duties of the department's employees;

(2) Hold examinations as to the qualifications of all applicants for registration whose applications have been submitted to it in proper form, unless otherwise provided;

(3) Issue permits and licenses to the applicants who are entitled thereto;

(4) Register cosmetological establishments and schools of cosmetology;

(5) Implement the State Board of Health's rules: (A) For carrying out the provisions of this chapter; (B) For conducting examinations of applicants for licensing; (C) For governing the recognition and the credits to be given to the study of cosmetology or any of its branches, under a cosmetologist or in a school of cosmetology, licensed under the laws of another state; and (D) For governing health and safety, as it considers necessary, in regard to the precautions to be employed to prevent the creating or spreading of infections or contagious diseases in cosmetological establishments, in schools of cosmetology, and in the practice of a cosmetologist and in any branch of cosmetology, provided the rules meet the minimum requirements of the law. A copy of all rules governing health and safety shall be made available to each licensee. The rules adopted under this subsection shall have the force and effect of law; and

(A) For carrying out the provisions of this chapter;

(B) For conducting examinations of applicants for licensing;

(C) For governing the recognition and the credits to be given to the study of cosmetology or any of its branches, under a cosmetologist or in a school of cosmetology, licensed under the laws of another state; and

(D) For governing health and safety, as it considers necessary, in regard to the precautions to be employed to prevent the creating or spreading of infections or contagious diseases in cosmetological establishments, in schools of cosmetology, and in the practice of a cosmetologist and in any branch of cosmetology, provided the rules meet the minimum requirements of the law. A copy of all rules governing health and safety shall be made available to each licensee. The rules adopted under this subsection shall have the force and effect of law; and

(6) Develop rules to establish and implement the domestic violence and sexual assault awareness training required under § 17-26-419 .

(b) In addition to the powers conveyed upon the department by this chapter, the department may enforce the provisions of this chapter or any reasonable rule adopted by the board through injunctive process.

(c) The department may incur reasonable expenses and perform such other acts as may be necessary to carry out its duties and functions and to administer this chapter.

(d) (1) The department shall promulgate rules setting a standard educational curriculum for schools of cosmetology. (2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of cosmetology.

(1) The department shall promulgate rules setting a standard educational curriculum for schools of cosmetology.

(2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of cosmetology.

Amended by Act 2017, No. 488,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1198,§ 2, eff. 8/16/2013.

Acts 1955, No. 358, Art. 1, §§ 7, 12; 1961, No. 490, §§ 1, 2, 11; A.S.A. 1947, §§ 71-820, 71-825, 71-882; Acts 2007, No. 223, § 7; 2009, No. 4, § 3.
Ark. Code Ann. § 17-81-302 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-302
Exempted activities
Status: in_force

This chapter does not prohibit or require a license with respect to any of the following acts: (1) The performance of services in case of an emergency; (2) (A) The performance of services in this state on an occasional basis, limited to thirty (30) days in each calendar year, by a chiropractor who is lawfully practicing chiropractic in another state or territory. (B) (i) Within seven (7) days before travel described in subdivision (2)(A) of this section, the chiropractor shall send a written notice through mail or electronic means to the Arkansas State Board of Chiropractic Examiners stating at a minimum the date or dates of travel to Arkansas, who will perform the services, and where the services will be performed. (ii) A chiropractor who submits a written notice shall also provide proof of malpractice insurance. (C) However, if any such chiropractor performs services on a regular basis, or for his or her regular use maintains or is provided with any office or other place to meet persons for the performance of such services in the State of Arkansas, he or she shall obtain a license to practice chiropractic in the State of Arkansas; (3) The practice of medicine and surgery, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, therapy technology, or any other branch of the healing arts as defined by the laws of this state. This chapter does not limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts; or (4) The practice of chiropractic through a program in partnership with federal Innovative Readiness Training if the chiropractor has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia. Amended by Act 2017, No. 397,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 205,§ 2, eff. 8/1/2017. Acts 1971, No. 706, § 26; A.S.A. 1947, § 72-440; Acts 1999, No. 1553, § 7.

This chapter does not prohibit or require a license with respect to any of the following acts:

(1) The performance of services in case of an emergency;

(2) (A) The performance of services in this state on an occasional basis, limited to thirty (30) days in each calendar year, by a chiropractor who is lawfully practicing chiropractic in another state or territory. (B) (i) Within seven (7) days before travel described in subdivision (2)(A) of this section, the chiropractor shall send a written notice through mail or electronic means to the Arkansas State Board of Chiropractic Examiners stating at a minimum the date or dates of travel to Arkansas, who will perform the services, and where the services will be performed. (ii) A chiropractor who submits a written notice shall also provide proof of malpractice insurance. (C) However, if any such chiropractor performs services on a regular basis, or for his or her regular use maintains or is provided with any office or other place to meet persons for the performance of such services in the State of Arkansas, he or she shall obtain a license to practice chiropractic in the State of Arkansas;

(A) The performance of services in this state on an occasional basis, limited to thirty (30) days in each calendar year, by a chiropractor who is lawfully practicing chiropractic in another state or territory.

(B) (i) Within seven (7) days before travel described in subdivision (2)(A) of this section, the chiropractor shall send a written notice through mail or electronic means to the Arkansas State Board of Chiropractic Examiners stating at a minimum the date or dates of travel to Arkansas, who will perform the services, and where the services will be performed. (ii) A chiropractor who submits a written notice shall also provide proof of malpractice insurance.

(i) Within seven (7) days before travel described in subdivision (2)(A) of this section, the chiropractor shall send a written notice through mail or electronic means to the Arkansas State Board of Chiropractic Examiners stating at a minimum the date or dates of travel to Arkansas, who will perform the services, and where the services will be performed.

(ii) A chiropractor who submits a written notice shall also provide proof of malpractice insurance.

(C) However, if any such chiropractor performs services on a regular basis, or for his or her regular use maintains or is provided with any office or other place to meet persons for the performance of such services in the State of Arkansas, he or she shall obtain a license to practice chiropractic in the State of Arkansas;

(3) The practice of medicine and surgery, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, therapy technology, or any other branch of the healing arts as defined by the laws of this state. This chapter does not limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts; or

(4) The practice of chiropractic through a program in partnership with federal Innovative Readiness Training if the chiropractor has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

Amended by Act 2017, No. 397,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 205,§ 2, eff. 8/1/2017.

Acts 1971, No. 706, § 26; A.S.A. 1947, § 72-440; Acts 1999, No. 1553, § 7.
Ark. Code Ann. § 17-25-315 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-315
Rules - Federally funded projects - Contractor qualifications
Status: in_force

(a) (1) The Contractors Licensing Board shall have the power to promulgate rules for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds before the contractor's being licensed by the Contractors Licensing Board. (2) No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the Contractors Licensing Board. (b) (1) The Contractors Licensing Board shall have the power to provide by rule for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds. (2) However, no contractor shall submit a bid under this section before submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the Contractors Licensing Board. Amended by Act 2019, No. 315,§ 1382, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1381, eff. 7/24/2019. Acts 1965, No. 150, § 11; 1985, No. 180, § 6; A.S.A. 1947, § 71-720.

(a) (1) The Contractors Licensing Board shall have the power to promulgate rules for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds before the contractor's being licensed by the Contractors Licensing Board. (2) No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the Contractors Licensing Board.

(1) The Contractors Licensing Board shall have the power to promulgate rules for the efficient enforcement of this chapter and shall also have the power to assign the right or give permission to any state agency, board, or commission to determine qualifications of a contractor solely for the purpose of submitting a bid to the state agency, board, or commission on projects involving federal aid funds before the contractor's being licensed by the Contractors Licensing Board.

(2) No state agency, board, or commission shall execute any construction contract involving federal aid funds unless and until the successful bidder for the project furnishes a certificate of license issued by the Contractors Licensing Board.

(b) (1) The Contractors Licensing Board shall have the power to provide by rule for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds. (2) However, no contractor shall submit a bid under this section before submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the Contractors Licensing Board.

(1) The Contractors Licensing Board shall have the power to provide by rule for any political subdivision or other political corporation to accept bids from unlicensed contractors for projects involving federal funds.

(2) However, no contractor shall submit a bid under this section before submitting application for licensure, and no political subdivision or political corporation shall execute any construction contract unless and until the successful bidder for the project furnishes an appropriate license issued by the Contractors Licensing Board.

Amended by Act 2019, No. 315,§ 1382, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1381, eff. 7/24/2019.

Acts 1965, No. 150, § 11; 1985, No. 180, § 6; A.S.A. 1947, § 71-720.
Ark. Code Ann. § 17-95-502 — AR Code / Title 17 / Chapter 95 / Subchapter 5 / Section 17-95-502
Definitions
Status: in_force

As used in this subchapter: (1) "Critical medical shortage area" is an area wherein there is a critical shortage of physicians for the area's population as defined by the Department of Health, Education, and Welfare in the Federal Register, Volume 41, No. 13, dated July 6, 1976, and as updated by the Department of Health; (2) "E.C.F.M.G." is an examination for graduates of foreign medical schools prepared and administered by the Educational Commission for Foreign Medical Graduates; (3) "FLEX" is the Federation Licensing Examination prepared and issued semiannually by the Federation of State Medical Boards. The Federation Licensing Examination includes three (3) parts: the basic science, the clinical science, and the clinical competency average. Successful passage of the Federation Licensing Examination with an overall weighted average of seventy-five (75) is required for medical licensure by the Arkansas State Medical Board; and (4) "Temporary license" is a license issued by the board to practice medicine for a period of twelve (12) months in a critical medical shortage area as defined in subdivision (1) of this section. A temporary license may be renewable by the board under the conditions and requirements of this subchapter for additional periods of twelve (12) months not to exceed the limitations set forth in § 17-95-504 . Acts 1977, No. 415, § 2; A.S.A. 1947, § 72-629; Acts 2005, No. 495, § 5.

As used in this subchapter:

(1) "Critical medical shortage area" is an area wherein there is a critical shortage of physicians for the area's population as defined by the Department of Health, Education, and Welfare in the Federal Register, Volume 41, No. 13, dated July 6, 1976, and as updated by the Department of Health;

(2) "E.C.F.M.G." is an examination for graduates of foreign medical schools prepared and administered by the Educational Commission for Foreign Medical Graduates;

(3) "FLEX" is the Federation Licensing Examination prepared and issued semiannually by the Federation of State Medical Boards. The Federation Licensing Examination includes three (3) parts: the basic science, the clinical science, and the clinical competency average. Successful passage of the Federation Licensing Examination with an overall weighted average of seventy-five (75) is required for medical licensure by the Arkansas State Medical Board; and

(4) "Temporary license" is a license issued by the board to practice medicine for a period of twelve (12) months in a critical medical shortage area as defined in subdivision (1) of this section. A temporary license may be renewable by the board under the conditions and requirements of this subchapter for additional periods of twelve (12) months not to exceed the limitations set forth in § 17-95-504 .

Acts 1977, No. 415, § 2; A.S.A. 1947, § 72-629; Acts 2005, No. 495, § 5.
Ark. Code Ann. § 17-25-610 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-610
Exemptions
Status: in_force

The following are exempt from the registration requirements of this subchapter: (1) A person that acts as a roofing contractor in the construction of his or her residence unless he or she builds more than one (1) residence during a calendar year; (2) The owner of a single-family residence acting as his or her own roofing contractor on his or her own property; (3) A person licensed as a contractor by a licensing agency, board, or commission of the State of Arkansas if the person is performing work within the scope of the license held by the person; (4) A contractor licensed by the Contractors Licensing Board if the contractor holds a classification that authorizes the contractor to perform roofing as defined under § 17-25-601 ; and (5) A home improvement contractor or residential building contractor if the home improvement contractor or residential building contractor: (A) Is in compliance with all requirements to do business in the State of Arkansas, including requirements of a municipality or county applicable to the location in which the home improvement contractor or residential building contractor intends to do business that involves roofing services; (B) Engages in roofing services in addition to construction, installation, renovation, repair, maintenance, alteration, or waterproofing services on the project and the roofing services do not constitute more than fifty percent (50%) of the total project cost; and (C) Does not authorize agents, employees, or representatives of the home improvement contractor or the residential building contractor to engage in door-to-door sales of roofing services. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

The following are exempt from the registration requirements of this subchapter:

(1) A person that acts as a roofing contractor in the construction of his or her residence unless he or she builds more than one (1) residence during a calendar year;

(2) The owner of a single-family residence acting as his or her own roofing contractor on his or her own property;

(3) A person licensed as a contractor by a licensing agency, board, or commission of the State of Arkansas if the person is performing work within the scope of the license held by the person;

(4) A contractor licensed by the Contractors Licensing Board if the contractor holds a classification that authorizes the contractor to perform roofing as defined under § 17-25-601 ; and

(5) A home improvement contractor or residential building contractor if the home improvement contractor or residential building contractor: (A) Is in compliance with all requirements to do business in the State of Arkansas, including requirements of a municipality or county applicable to the location in which the home improvement contractor or residential building contractor intends to do business that involves roofing services; (B) Engages in roofing services in addition to construction, installation, renovation, repair, maintenance, alteration, or waterproofing services on the project and the roofing services do not constitute more than fifty percent (50%) of the total project cost; and (C) Does not authorize agents, employees, or representatives of the home improvement contractor or the residential building contractor to engage in door-to-door sales of roofing services.

(A) Is in compliance with all requirements to do business in the State of Arkansas, including requirements of a municipality or county applicable to the location in which the home improvement contractor or residential building contractor intends to do business that involves roofing services;

(B) Engages in roofing services in addition to construction, installation, renovation, repair, maintenance, alteration, or waterproofing services on the project and the roofing services do not constitute more than fifty percent (50%) of the total project cost; and

(C) Does not authorize agents, employees, or representatives of the home improvement contractor or the residential building contractor to engage in door-to-door sales of roofing services.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-52-304 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-304
[Repealed]
Status: repealed

Repealed by Act 2023, No. 628,§ 49, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

Repealed by Act 2023, No. 628,§ 49, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-50-106 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-106
Alternative civil penalties
Status: in_force

(a) Whenever the Arkansas Natural Resources Commission, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., finds that a person has violated the provisions of this chapter or any rules promulgated by the commission pursuant to the authority granted in this chapter, the commission shall have the power and authority to impose a civil penalty on the person in lieu of prosecuting the person under § 17-50-105 . (b) If a person against whom a civil penalty has been imposed by the commission, as authorized in this section, fails to pay the penalty to the commission, the commission may file action in the Pulaski County Circuit Court to collect the civil penalty. (c) If the commission prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs of the commission for prosecuting the action. (d) No civil penalty shall be assessed by the commission against any person if that person is prosecuted under § 17-50-105 . (e) The commission shall not assess a civil penalty in excess of two thousand five hundred dollars ($2,500) per offense. Amended by Act 2023, No. 691,§ 119, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1478, eff. 7/24/2019. Acts 1981, No. 521, § 3; A.S.A. 1947, § 21-2018.1; Acts 2003, No. 297, § 4.

(a) Whenever the Arkansas Natural Resources Commission, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., finds that a person has violated the provisions of this chapter or any rules promulgated by the commission pursuant to the authority granted in this chapter, the commission shall have the power and authority to impose a civil penalty on the person in lieu of prosecuting the person under § 17-50-105 .

(b) If a person against whom a civil penalty has been imposed by the commission, as authorized in this section, fails to pay the penalty to the commission, the commission may file action in the Pulaski County Circuit Court to collect the civil penalty.

(c) If the commission prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs of the commission for prosecuting the action.

(d) No civil penalty shall be assessed by the commission against any person if that person is prosecuted under § 17-50-105 .

(e) The commission shall not assess a civil penalty in excess of two thousand five hundred dollars ($2,500) per offense.

Amended by Act 2023, No. 691,§ 119, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1478, eff. 7/24/2019.

Acts 1981, No. 521, § 3; A.S.A. 1947, § 21-2018.1; Acts 2003, No. 297, § 4.
Ark. Code Ann. § 17-39-312 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-312
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 37, eff. 9/1/2015. Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.

Repealed by Act 2015, No. 393,§ 37, eff. 9/1/2015.

Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 17-19-202 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-202
Applications
Status: in_force

(a) Every applicant for a professional bail bondsman license or a professional bail bond company license shall apply on forms furnished by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. (b) The application of a professional bail bondsman shall be accompanied by a duly executed power of attorney issued by the professional bail bond company for whom the professional bail bondsman will be acting. (c) (1) An application for a professional bail bond company license shall be accompanied by proof that the applicant: (A) Is an Arkansas partnership, firm, or corporation, a foreign corporation registered and authorized to conduct business in the State of Arkansas, or an individual who is a resident of the state; and (B) Has at least one (1) owner or partner that has been licensed for at least two (2) years during the last three (3) years by the State of Arkansas as a professional bail bondsman. (2) A corporation shall file proof that its most recent annual franchise tax has been paid to the Secretary of State. (d) (1) (A) At the time of application for every professional bail bond company license, there shall be paid to the board: (i) For a new company license, a fee of two thousand five hundred dollars ($2,500); or (ii) For a renewal of a company license, a fee of one thousand dollars ($1,000). (B) Each professional bail bond company license or renewal for a sole proprietor, partnership, or corporation shall include one (1) license for one (1) agent per company per year. (2) Each applicant for a professional bail bondsman license shall pay the board a license fee of one hundred dollars ($100) at the time of application, except that if the applicant is also an applicant as an individual for a professional bail bond company license, then the applicant shall not be required to pay a license fee for licensure as a professional bail bondsman but shall comply with all other requirements for licensure as a professional bail bondsman. (3) License fees shall be payable in full on a yearly basis regardless of the date of issuance. (4) Any agent who transfers his or her license from one professional bail bond company to another shall: (A) Pay to the board a transfer fee of two hundred fifty dollars ($250); and (B) File with the board: (i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the professional bail bond company from which he or she is transferring his or her license have been delivered to the company; (ii) A letter of resignation addressed to the professional bail bond company from which he or she is transferring or a letter of termination addressed to him or her from the professional bail bond company terminating his or her appointment; (iii) A completed agent application on forms prescribed by the board; (iv) A completed company statement from the company to which he or she desires to transfer his or her license; and (v) An original qualifying power of attorney issued by the company to which he or she desires to transfer his or her license. (5) (A) Upon receipt of a request for transfer of a bail bondsman license, the applicable transfer fee, and the documents specified in subdivision (d)(4) of this section, the board shall forward copies of the letter of resignation, if applicable, and the sworn affidavit of the agent to the professional bail bond company from which the agent desires to transfer his or her license. (B) Upon receipt of the letter of resignation, if applicable, and the sworn affidavit of the licensee, the professional bail bond company from which the agent is transferring shall have seven (7) business days to contest the agent's sworn statement. (C) A professional bail bond company contesting an agent's sworn statement shall file a written complaint on forms furnished by the board setting out in detail the property that the company denies the agent has returned as attested by the sworn affidavit. (D) Any documents supporting the complaint contesting the sworn affidavit and which shall be offered as evidence to prove the complaint shall be filed with the complaint. (E) Upon receipt of the complaint, the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall set the matter for informal hearing to be held within seven (7) days of receipt of the complaint and advise the professional bail bond company and the agent by certified mail, return receipt requested, of the date, time, and location of the informal hearing. (F) Either party may appeal the decision of the executive director to a formal hearing before the board by filing with the board a notice of appeal within seven (7) days of receipt of the decision by the executive director. (G) (i) No transfer of an agent's license shall be effective before the expiration of the seven-day period for contesting the transfer request unless the professional bail bond company from which the agent is requesting a transfer shall notify the board that it has no objection to the transfer, in which case the transfer may be entered before expiration of the seven-day period. (ii) If no complaint contesting the agent's sworn affidavit is received during the seven-day contest period, the license shall be transferred as requested. (iii) A professional bail bond company that does not contest the sworn affidavit of a transferring agent is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes or rules by the transferring agent upon discovery of the alleged violation by the professional bail bond company. (H) (i) If the allegations of a complaint contesting the transfer are found by the board to have been established, no transfer of the license shall be accomplished until the agent accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the agent. (ii) If a complaint is filed contesting the sworn affidavit of the transferring agent, a specific finding of fact shall be made by the board concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties. (iii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of § 17-19-210 and as provided by applicable rules. Amended by Act 2021, No. 523,§ 11, eff. 4/1/2021. Amended by Act 2019, No. 819,§ 12, eff. 5/1/2021. Amended by Act 2019, No. 315,§ 1360, eff. 7/24/2019. Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1999, No. 567, § 1; 2001, No. 1680, § 1; 2005, No. 858, § 1; 2005, No. 1960, § 1.

(a) Every applicant for a professional bail bondsman license or a professional bail bond company license shall apply on forms furnished by the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

(b) The application of a professional bail bondsman shall be accompanied by a duly executed power of attorney issued by the professional bail bond company for whom the professional bail bondsman will be acting.

(c) (1) An application for a professional bail bond company license shall be accompanied by proof that the applicant: (A) Is an Arkansas partnership, firm, or corporation, a foreign corporation registered and authorized to conduct business in the State of Arkansas, or an individual who is a resident of the state; and (B) Has at least one (1) owner or partner that has been licensed for at least two (2) years during the last three (3) years by the State of Arkansas as a professional bail bondsman. (2) A corporation shall file proof that its most recent annual franchise tax has been paid to the Secretary of State.

(1) An application for a professional bail bond company license shall be accompanied by proof that the applicant: (A) Is an Arkansas partnership, firm, or corporation, a foreign corporation registered and authorized to conduct business in the State of Arkansas, or an individual who is a resident of the state; and (B) Has at least one (1) owner or partner that has been licensed for at least two (2) years during the last three (3) years by the State of Arkansas as a professional bail bondsman.

(A) Is an Arkansas partnership, firm, or corporation, a foreign corporation registered and authorized to conduct business in the State of Arkansas, or an individual who is a resident of the state; and

(B) Has at least one (1) owner or partner that has been licensed for at least two (2) years during the last three (3) years by the State of Arkansas as a professional bail bondsman.

(2) A corporation shall file proof that its most recent annual franchise tax has been paid to the Secretary of State.

(d) (1) (A) At the time of application for every professional bail bond company license, there shall be paid to the board: (i) For a new company license, a fee of two thousand five hundred dollars ($2,500); or (ii) For a renewal of a company license, a fee of one thousand dollars ($1,000). (B) Each professional bail bond company license or renewal for a sole proprietor, partnership, or corporation shall include one (1) license for one (1) agent per company per year. (2) Each applicant for a professional bail bondsman license shall pay the board a license fee of one hundred dollars ($100) at the time of application, except that if the applicant is also an applicant as an individual for a professional bail bond company license, then the applicant shall not be required to pay a license fee for licensure as a professional bail bondsman but shall comply with all other requirements for licensure as a professional bail bondsman. (3) License fees shall be payable in full on a yearly basis regardless of the date of issuance. (4) Any agent who transfers his or her license from one professional bail bond company to another shall: (A) Pay to the board a transfer fee of two hundred fifty dollars ($250); and (B) File with the board: (i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the professional bail bond company from which he or she is transferring his or her license have been delivered to the company; (ii) A letter of resignation addressed to the professional bail bond company from which he or she is transferring or a letter of termination addressed to him or her from the professional bail bond company terminating his or her appointment; (iii) A completed agent application on forms prescribed by the board; (iv) A completed company statement from the company to which he or she desires to transfer his or her license; and (v) An original qualifying power of attorney issued by the company to which he or she desires to transfer his or her license. (5) (A) Upon receipt of a request for transfer of a bail bondsman license, the applicable transfer fee, and the documents specified in subdivision (d)(4) of this section, the board shall forward copies of the letter of resignation, if applicable, and the sworn affidavit of the agent to the professional bail bond company from which the agent desires to transfer his or her license. (B) Upon receipt of the letter of resignation, if applicable, and the sworn affidavit of the licensee, the professional bail bond company from which the agent is transferring shall have seven (7) business days to contest the agent's sworn statement. (C) A professional bail bond company contesting an agent's sworn statement shall file a written complaint on forms furnished by the board setting out in detail the property that the company denies the agent has returned as attested by the sworn affidavit. (D) Any documents supporting the complaint contesting the sworn affidavit and which shall be offered as evidence to prove the complaint shall be filed with the complaint. (E) Upon receipt of the complaint, the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall set the matter for informal hearing to be held within seven (7) days of receipt of the complaint and advise the professional bail bond company and the agent by certified mail, return receipt requested, of the date, time, and location of the informal hearing. (F) Either party may appeal the decision of the executive director to a formal hearing before the board by filing with the board a notice of appeal within seven (7) days of receipt of the decision by the executive director. (G) (i) No transfer of an agent's license shall be effective before the expiration of the seven-day period for contesting the transfer request unless the professional bail bond company from which the agent is requesting a transfer shall notify the board that it has no objection to the transfer, in which case the transfer may be entered before expiration of the seven-day period. (ii) If no complaint contesting the agent's sworn affidavit is received during the seven-day contest period, the license shall be transferred as requested. (iii) A professional bail bond company that does not contest the sworn affidavit of a transferring agent is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes or rules by the transferring agent upon discovery of the alleged violation by the professional bail bond company. (H) (i) If the allegations of a complaint contesting the transfer are found by the board to have been established, no transfer of the license shall be accomplished until the agent accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the agent. (ii) If a complaint is filed contesting the sworn affidavit of the transferring agent, a specific finding of fact shall be made by the board concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties. (iii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of § 17-19-210 and as provided by applicable rules.

(1) (A) At the time of application for every professional bail bond company license, there shall be paid to the board: (i) For a new company license, a fee of two thousand five hundred dollars ($2,500); or (ii) For a renewal of a company license, a fee of one thousand dollars ($1,000). (B) Each professional bail bond company license or renewal for a sole proprietor, partnership, or corporation shall include one (1) license for one (1) agent per company per year.

(A) At the time of application for every professional bail bond company license, there shall be paid to the board: (i) For a new company license, a fee of two thousand five hundred dollars ($2,500); or (ii) For a renewal of a company license, a fee of one thousand dollars ($1,000).

(i) For a new company license, a fee of two thousand five hundred dollars ($2,500); or

(ii) For a renewal of a company license, a fee of one thousand dollars ($1,000).

(B) Each professional bail bond company license or renewal for a sole proprietor, partnership, or corporation shall include one (1) license for one (1) agent per company per year.

(2) Each applicant for a professional bail bondsman license shall pay the board a license fee of one hundred dollars ($100) at the time of application, except that if the applicant is also an applicant as an individual for a professional bail bond company license, then the applicant shall not be required to pay a license fee for licensure as a professional bail bondsman but shall comply with all other requirements for licensure as a professional bail bondsman.

(3) License fees shall be payable in full on a yearly basis regardless of the date of issuance.

(4) Any agent who transfers his or her license from one professional bail bond company to another shall: (A) Pay to the board a transfer fee of two hundred fifty dollars ($250); and (B) File with the board: (i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the professional bail bond company from which he or she is transferring his or her license have been delivered to the company; (ii) A letter of resignation addressed to the professional bail bond company from which he or she is transferring or a letter of termination addressed to him or her from the professional bail bond company terminating his or her appointment; (iii) A completed agent application on forms prescribed by the board; (iv) A completed company statement from the company to which he or she desires to transfer his or her license; and (v) An original qualifying power of attorney issued by the company to which he or she desires to transfer his or her license.

(A) Pay to the board a transfer fee of two hundred fifty dollars ($250); and

(B) File with the board: (i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the professional bail bond company from which he or she is transferring his or her license have been delivered to the company; (ii) A letter of resignation addressed to the professional bail bond company from which he or she is transferring or a letter of termination addressed to him or her from the professional bail bond company terminating his or her appointment; (iii) A completed agent application on forms prescribed by the board; (iv) A completed company statement from the company to which he or she desires to transfer his or her license; and (v) An original qualifying power of attorney issued by the company to which he or she desires to transfer his or her license.

(i) A sworn affidavit stating that all premiums, fees, and powers of attorney owed to or issued by the professional bail bond company from which he or she is transferring his or her license have been delivered to the company;

(ii) A letter of resignation addressed to the professional bail bond company from which he or she is transferring or a letter of termination addressed to him or her from the professional bail bond company terminating his or her appointment;

(iii) A completed agent application on forms prescribed by the board;

(iv) A completed company statement from the company to which he or she desires to transfer his or her license; and

(v) An original qualifying power of attorney issued by the company to which he or she desires to transfer his or her license.

(5) (A) Upon receipt of a request for transfer of a bail bondsman license, the applicable transfer fee, and the documents specified in subdivision (d)(4) of this section, the board shall forward copies of the letter of resignation, if applicable, and the sworn affidavit of the agent to the professional bail bond company from which the agent desires to transfer his or her license. (B) Upon receipt of the letter of resignation, if applicable, and the sworn affidavit of the licensee, the professional bail bond company from which the agent is transferring shall have seven (7) business days to contest the agent's sworn statement. (C) A professional bail bond company contesting an agent's sworn statement shall file a written complaint on forms furnished by the board setting out in detail the property that the company denies the agent has returned as attested by the sworn affidavit. (D) Any documents supporting the complaint contesting the sworn affidavit and which shall be offered as evidence to prove the complaint shall be filed with the complaint. (E) Upon receipt of the complaint, the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall set the matter for informal hearing to be held within seven (7) days of receipt of the complaint and advise the professional bail bond company and the agent by certified mail, return receipt requested, of the date, time, and location of the informal hearing. (F) Either party may appeal the decision of the executive director to a formal hearing before the board by filing with the board a notice of appeal within seven (7) days of receipt of the decision by the executive director. (G) (i) No transfer of an agent's license shall be effective before the expiration of the seven-day period for contesting the transfer request unless the professional bail bond company from which the agent is requesting a transfer shall notify the board that it has no objection to the transfer, in which case the transfer may be entered before expiration of the seven-day period. (ii) If no complaint contesting the agent's sworn affidavit is received during the seven-day contest period, the license shall be transferred as requested. (iii) A professional bail bond company that does not contest the sworn affidavit of a transferring agent is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes or rules by the transferring agent upon discovery of the alleged violation by the professional bail bond company. (H) (i) If the allegations of a complaint contesting the transfer are found by the board to have been established, no transfer of the license shall be accomplished until the agent accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the agent. (ii) If a complaint is filed contesting the sworn affidavit of the transferring agent, a specific finding of fact shall be made by the board concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties. (iii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of § 17-19-210 and as provided by applicable rules.

(A) Upon receipt of a request for transfer of a bail bondsman license, the applicable transfer fee, and the documents specified in subdivision (d)(4) of this section, the board shall forward copies of the letter of resignation, if applicable, and the sworn affidavit of the agent to the professional bail bond company from which the agent desires to transfer his or her license.

(B) Upon receipt of the letter of resignation, if applicable, and the sworn affidavit of the licensee, the professional bail bond company from which the agent is transferring shall have seven (7) business days to contest the agent's sworn statement.

(C) A professional bail bond company contesting an agent's sworn statement shall file a written complaint on forms furnished by the board setting out in detail the property that the company denies the agent has returned as attested by the sworn affidavit.

(D) Any documents supporting the complaint contesting the sworn affidavit and which shall be offered as evidence to prove the complaint shall be filed with the complaint.

(E) Upon receipt of the complaint, the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall set the matter for informal hearing to be held within seven (7) days of receipt of the complaint and advise the professional bail bond company and the agent by certified mail, return receipt requested, of the date, time, and location of the informal hearing.

(F) Either party may appeal the decision of the executive director to a formal hearing before the board by filing with the board a notice of appeal within seven (7) days of receipt of the decision by the executive director.

(G) (i) No transfer of an agent's license shall be effective before the expiration of the seven-day period for contesting the transfer request unless the professional bail bond company from which the agent is requesting a transfer shall notify the board that it has no objection to the transfer, in which case the transfer may be entered before expiration of the seven-day period. (ii) If no complaint contesting the agent's sworn affidavit is received during the seven-day contest period, the license shall be transferred as requested. (iii) A professional bail bond company that does not contest the sworn affidavit of a transferring agent is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes or rules by the transferring agent upon discovery of the alleged violation by the professional bail bond company.

(i) No transfer of an agent's license shall be effective before the expiration of the seven-day period for contesting the transfer request unless the professional bail bond company from which the agent is requesting a transfer shall notify the board that it has no objection to the transfer, in which case the transfer may be entered before expiration of the seven-day period.

(ii) If no complaint contesting the agent's sworn affidavit is received during the seven-day contest period, the license shall be transferred as requested.

(iii) A professional bail bond company that does not contest the sworn affidavit of a transferring agent is not precluded by the failure to contest the sworn affidavit from filing a complaint that alleges a violation of the applicable statutes or rules by the transferring agent upon discovery of the alleged violation by the professional bail bond company.

(H) (i) If the allegations of a complaint contesting the transfer are found by the board to have been established, no transfer of the license shall be accomplished until the agent accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the agent. (ii) If a complaint is filed contesting the sworn affidavit of the transferring agent, a specific finding of fact shall be made by the board concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties. (iii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of § 17-19-210 and as provided by applicable rules.

(i) If the allegations of a complaint contesting the transfer are found by the board to have been established, no transfer of the license shall be accomplished until the agent accounts for, returns, or pays to the professional bail bond company contesting the transfer the property or money issued to or held in a fiduciary capacity by the agent.

(ii) If a complaint is filed contesting the sworn affidavit of the transferring agent, a specific finding of fact shall be made by the board concerning whether the affidavit or complaint contesting the affidavit was filed in good faith by the respective parties.

(iii) In the case of a finding of a lack of good faith, the party to whom the finding applies shall be subject to sanctions or disciplinary action pursuant to the provisions of § 17-19-210 and as provided by applicable rules.

Amended by Act 2021, No. 523,§ 11, eff. 4/1/2021.

Amended by Act 2019, No. 819,§ 12, eff. 5/1/2021.

Amended by Act 2019, No. 315,§ 1360, eff. 7/24/2019.

Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1999, No. 567, § 1; 2001, No. 1680, § 1; 2005, No. 858, § 1; 2005, No. 1960, § 1.
Ark. Code Ann. § 17-89-201 — AR Code / Title 17 / Chapter 89 / Subchapter 2 / Section 17-89-201
Creation - Members
Status: in_force

(a) There is created the Arkansas Board of Dispensing Opticians which shall be responsible for administering the specific duties as set out in this chapter. (b) (1) The Arkansas Board of Dispensing Opticians shall be composed of nine (9) members appointed by the Governor to three-year terms, subject to confirmation by the Senate. (2) (A) Three (3) members of the Arkansas Board of Dispensing Opticians shall be practicing licensed or registered dispensing opticians appointed by the Governor after consultation with the Arkansas Association of Dispensing Opticians. (B) One (1) of the three (3) members shall be an employee of either an Arkansas-licensed ophthalmologist or optometrist. (3) One (1) member of the Arkansas Board of Dispensing Opticians shall be a member of the State Board of Optometry. (4) One (1) member of the Arkansas Board of Dispensing Opticians shall be a licensed optometrist appointed by the Governor after consulting the Arkansas Optometric Association, Inc. and subject to confirmation by the Senate. (5) Two (2) members of the Arkansas Board of Dispensing Opticians shall be licensed ophthalmologists appointed by the Governor after consulting the Arkansas Medical Society, Inc. and subject to confirmation by the Senate. (6) One (1) member of the Arkansas Board of Dispensing Opticians shall be a consumer. (7) (A) One (1) member of the Arkansas Board of Dispensing Opticians shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the profession of ophthalmic dispensing; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in grading examinations. (c) The consumer Arkansas Board of Dispensing Opticians member position and the representative of the elderly position may not be filled by the same person. (d) In the event of a vacancy during an Arkansas Board of Dispensing Opticians member's term, the Governor shall appoint a person possessing the same qualifications as the vacating member to fill that vacancy. (e) Board members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2017, No. 540,§ 31, eff. 8/1/2017. Amended by Act 2017, No. 540,§ 30, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 34, eff. 7/22/2015. Acts 1981, No. 589, § 4; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-2104; Acts 1993, No. 1087, § 1; 1997, No. 250, § 162; 1999, No. 524, §§ 1, 2; 2001, No. 1553, § 26.

(a) There is created the Arkansas Board of Dispensing Opticians which shall be responsible for administering the specific duties as set out in this chapter.

(b) (1) The Arkansas Board of Dispensing Opticians shall be composed of nine (9) members appointed by the Governor to three-year terms, subject to confirmation by the Senate. (2) (A) Three (3) members of the Arkansas Board of Dispensing Opticians shall be practicing licensed or registered dispensing opticians appointed by the Governor after consultation with the Arkansas Association of Dispensing Opticians. (B) One (1) of the three (3) members shall be an employee of either an Arkansas-licensed ophthalmologist or optometrist. (3) One (1) member of the Arkansas Board of Dispensing Opticians shall be a member of the State Board of Optometry. (4) One (1) member of the Arkansas Board of Dispensing Opticians shall be a licensed optometrist appointed by the Governor after consulting the Arkansas Optometric Association, Inc. and subject to confirmation by the Senate. (5) Two (2) members of the Arkansas Board of Dispensing Opticians shall be licensed ophthalmologists appointed by the Governor after consulting the Arkansas Medical Society, Inc. and subject to confirmation by the Senate. (6) One (1) member of the Arkansas Board of Dispensing Opticians shall be a consumer. (7) (A) One (1) member of the Arkansas Board of Dispensing Opticians shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the profession of ophthalmic dispensing; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in grading examinations.

(1) The Arkansas Board of Dispensing Opticians shall be composed of nine (9) members appointed by the Governor to three-year terms, subject to confirmation by the Senate.

(2) (A) Three (3) members of the Arkansas Board of Dispensing Opticians shall be practicing licensed or registered dispensing opticians appointed by the Governor after consultation with the Arkansas Association of Dispensing Opticians. (B) One (1) of the three (3) members shall be an employee of either an Arkansas-licensed ophthalmologist or optometrist.

(A) Three (3) members of the Arkansas Board of Dispensing Opticians shall be practicing licensed or registered dispensing opticians appointed by the Governor after consultation with the Arkansas Association of Dispensing Opticians.

(B) One (1) of the three (3) members shall be an employee of either an Arkansas-licensed ophthalmologist or optometrist.

(3) One (1) member of the Arkansas Board of Dispensing Opticians shall be a member of the State Board of Optometry.

(4) One (1) member of the Arkansas Board of Dispensing Opticians shall be a licensed optometrist appointed by the Governor after consulting the Arkansas Optometric Association, Inc. and subject to confirmation by the Senate.

(5) Two (2) members of the Arkansas Board of Dispensing Opticians shall be licensed ophthalmologists appointed by the Governor after consulting the Arkansas Medical Society, Inc. and subject to confirmation by the Senate.

(6) One (1) member of the Arkansas Board of Dispensing Opticians shall be a consumer.

(7) (A) One (1) member of the Arkansas Board of Dispensing Opticians shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the profession of ophthalmic dispensing; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in grading examinations.

(A) One (1) member of the Arkansas Board of Dispensing Opticians shall represent the elderly.

(B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the profession of ophthalmic dispensing; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in grading examinations.

(i) Be sixty (60) years of age or older;

(ii) Not be actively engaged in or retired from the profession of ophthalmic dispensing;

(iii) Be appointed from the state at large, subject to confirmation by the Senate; and

(iv) Be a full voting member but shall not participate in grading examinations.

(c) The consumer Arkansas Board of Dispensing Opticians member position and the representative of the elderly position may not be filled by the same person.

(d) In the event of a vacancy during an Arkansas Board of Dispensing Opticians member's term, the Governor shall appoint a person possessing the same qualifications as the vacating member to fill that vacancy.

(e) Board members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2017, No. 540,§ 31, eff. 8/1/2017.

Amended by Act 2017, No. 540,§ 30, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 34, eff. 7/22/2015.

Acts 1981, No. 589, § 4; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-2104; Acts 1993, No. 1087, § 1; 1997, No. 250, § 162; 1999, No. 524, §§ 1, 2; 2001, No. 1553, § 26.
Ark. Code Ann. § 17-15-105 — AR Code / Title 17 / Chapter 15 / Subchapter 1 / Section 17-15-105
Injunctions
Status: in_force

(a) The violation of any provision of this chapter, and the construction of any structure in violation of its provisions, or any of them, is declared to constitute a nuisance and a threat to the public health and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the circuit courts of this state, even though the violation may be punishable by fine, the intention of this section being to provide a speedy means of protecting the public. (b) The board shall not be required to execute or give a bond for cost, indemnity, or stay, as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state. Acts 1959, No. 157, § 3; A.S.A. 1947, § 71-314; Acts 2009, No. 1367, § 6.

(a) The violation of any provision of this chapter, and the construction of any structure in violation of its provisions, or any of them, is declared to constitute a nuisance and a threat to the public health and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the circuit courts of this state, even though the violation may be punishable by fine, the intention of this section being to provide a speedy means of protecting the public.

(b) The board shall not be required to execute or give a bond for cost, indemnity, or stay, as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.

Acts 1959, No. 157, § 3; A.S.A. 1947, § 71-314; Acts 2009, No. 1367, § 6.
Ark. Code Ann. § 17-27-409 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-409
Licensed associate alcoholism and drug abuse counselor - License requirements
Status: in_force

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue a license as a licensed associate 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; (10) Holds a baccalaureate degree in the health or behavioral sciences field or other appropriate field from an accredited college or university; and (11) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised direct counseling experience in the alcoholism or drug abuse counseling field, either paid or voluntary. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board. (b) The certification shall be displayed in the associate's principal place of practice and shall entitle the individual to hold himself or herself forth to the public as providing services as authorized by this subchapter. (c) Associates licensed by the board may engage in the practice of alcoholism and drug abuse counseling after successfully completing a schedule of supervision prescribed by the board and performed under the direct supervision of a registered clinical supervisor in good standing with the board. Amended by Act 2013, No. 1249,§ 4, eff. 7/1/2013. Acts 1999, No. 1588, § 9; 2009, No. 443, § 2.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue a license as a licensed associate 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; (10) Holds a baccalaureate degree in the health or behavioral sciences field or other appropriate field from an accredited college or university; and (11) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised direct counseling experience in the alcoholism or drug abuse counseling field, either paid or voluntary. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board.

(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;

(10) Holds a baccalaureate degree in the health or behavioral sciences field or other appropriate field from an accredited college or university; and

(11) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised direct counseling experience in the alcoholism or drug abuse counseling field, either paid or voluntary. (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 direct counseling experience in the alcoholism or drug abuse counseling field, either paid or voluntary.

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

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

(c) Associates licensed by the board may engage in the practice of alcoholism and drug abuse counseling after successfully completing a schedule of supervision prescribed by the board and performed under the direct supervision of a registered clinical supervisor in good standing with the board.

Amended by Act 2013, No. 1249,§ 4, eff. 7/1/2013.

Acts 1999, No. 1588, § 9; 2009, No. 443, § 2.
Ark. Code Ann. § 17-93-102 — AR Code / Title 17 / Chapter 93 / Subchapter 1 / Section 17-93-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Consultation by means of telecommunication" means the rendering of a professional opinion, expert opinion, or advice by a physical therapist to another physical therapist or healthcare provider through telecommunication technology. (B) "Consultation by means of telecommunication" includes the review or transfer of patient records or related information through telecommunication technology; (2) "Direct supervision" means that the supervising therapist is on-site and available for consultation; (3) "Physical therapist" means a person who practices physical therapy as defined in this chapter after he or she has: (A) Successfully completed a curriculum of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy; and (B) Passed a nationally recognized licensing examination; (4) "Physical therapist assistant" means a person who is licensed under this chapter and who assists the physical therapist in selected components of the physical therapy treatment intervention; (5) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed under this chapter; (6) "Physical therapy aide" means an unlicensed member of the physical therapy team who may perform treatments under the direct supervision of a physical therapist or physical therapist assistant; (7) "Practice of physical therapy" means: (A) Examining and evaluating patients with mechanical, physiological, and developmental impairments, functional limitations, and disability or other health-related conditions in order to determine a physical therapy diagnosis, prognosis, and planned therapeutic intervention; (B) (i) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include: (a) Therapeutic exercise; (b) Functional training in self-care as it relates to patient mobility and community access; (c) Manual therapy techniques, including soft tissue massage, manual traction, connective tissue massage, therapeutic massage, and mobilization, i.e., passive movement accomplished within normal range of motion of the joint, but excluding spinal manipulation and adjustment; (d) Assistive and adaptive devices and equipment as they relate to patient mobility and community access; (e) Physical agents; (f) Mechanical and electrotherapeutic modalities; and (g) Patient-related instruction. (ii) The therapeutic intervention of bronchopulmonary hygiene and debridement of wounds require a physician referral before initiation of treatment. (iii) Physical therapy does not include radiology or electrosurgery; (C) Preventing injury, impairments, functional limitations, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations; and (D) Engaging in consultation, testing, education, and research; (8) (A) "Supervision" means that the supervising therapist retains moral, ethical, and legal responsibility for patient care and is readily available for consultation. (B) The supervising therapist is not required to be on-site but must be at least available by telecommunication; and (9) "Telecommunication" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point or between or among points. Acts 1959, No. 141, § 1; 1979, No. 631, § 1; 1981, No. 470, § 1; A.S.A. 1947, § 72-1317; Acts 1991, No. 1232, § 1; 1997, No. 744, § 1; 2001, No. 1412, § 1; 2009, No. 1471, § 2.

As used in this chapter:

(1) (A) "Consultation by means of telecommunication" means the rendering of a professional opinion, expert opinion, or advice by a physical therapist to another physical therapist or healthcare provider through telecommunication technology. (B) "Consultation by means of telecommunication" includes the review or transfer of patient records or related information through telecommunication technology;

(A) "Consultation by means of telecommunication" means the rendering of a professional opinion, expert opinion, or advice by a physical therapist to another physical therapist or healthcare provider through telecommunication technology.

(B) "Consultation by means of telecommunication" includes the review or transfer of patient records or related information through telecommunication technology;

(2) "Direct supervision" means that the supervising therapist is on-site and available for consultation;

(3) "Physical therapist" means a person who practices physical therapy as defined in this chapter after he or she has: (A) Successfully completed a curriculum of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy; and (B) Passed a nationally recognized licensing examination;

(A) Successfully completed a curriculum of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy; and

(B) Passed a nationally recognized licensing examination;

(4) "Physical therapist assistant" means a person who is licensed under this chapter and who assists the physical therapist in selected components of the physical therapy treatment intervention;

(5) "Physical therapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed under this chapter;

(6) "Physical therapy aide" means an unlicensed member of the physical therapy team who may perform treatments under the direct supervision of a physical therapist or physical therapist assistant;

(7) "Practice of physical therapy" means: (A) Examining and evaluating patients with mechanical, physiological, and developmental impairments, functional limitations, and disability or other health-related conditions in order to determine a physical therapy diagnosis, prognosis, and planned therapeutic intervention; (B) (i) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include: (a) Therapeutic exercise; (b) Functional training in self-care as it relates to patient mobility and community access; (c) Manual therapy techniques, including soft tissue massage, manual traction, connective tissue massage, therapeutic massage, and mobilization, i.e., passive movement accomplished within normal range of motion of the joint, but excluding spinal manipulation and adjustment; (d) Assistive and adaptive devices and equipment as they relate to patient mobility and community access; (e) Physical agents; (f) Mechanical and electrotherapeutic modalities; and (g) Patient-related instruction. (ii) The therapeutic intervention of bronchopulmonary hygiene and debridement of wounds require a physician referral before initiation of treatment. (iii) Physical therapy does not include radiology or electrosurgery; (C) Preventing injury, impairments, functional limitations, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations; and (D) Engaging in consultation, testing, education, and research;

(A) Examining and evaluating patients with mechanical, physiological, and developmental impairments, functional limitations, and disability or other health-related conditions in order to determine a physical therapy diagnosis, prognosis, and planned therapeutic intervention;

(B) (i) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include: (a) Therapeutic exercise; (b) Functional training in self-care as it relates to patient mobility and community access; (c) Manual therapy techniques, including soft tissue massage, manual traction, connective tissue massage, therapeutic massage, and mobilization, i.e., passive movement accomplished within normal range of motion of the joint, but excluding spinal manipulation and adjustment; (d) Assistive and adaptive devices and equipment as they relate to patient mobility and community access; (e) Physical agents; (f) Mechanical and electrotherapeutic modalities; and (g) Patient-related instruction. (ii) The therapeutic intervention of bronchopulmonary hygiene and debridement of wounds require a physician referral before initiation of treatment. (iii) Physical therapy does not include radiology or electrosurgery;

(i) Alleviating impairments and functional limitations by designing, implementing, and modifying therapeutic interventions that include: (a) Therapeutic exercise; (b) Functional training in self-care as it relates to patient mobility and community access; (c) Manual therapy techniques, including soft tissue massage, manual traction, connective tissue massage, therapeutic massage, and mobilization, i.e., passive movement accomplished within normal range of motion of the joint, but excluding spinal manipulation and adjustment; (d) Assistive and adaptive devices and equipment as they relate to patient mobility and community access; (e) Physical agents; (f) Mechanical and electrotherapeutic modalities; and (g) Patient-related instruction.

(a) Therapeutic exercise;

(b) Functional training in self-care as it relates to patient mobility and community access;

(c) Manual therapy techniques, including soft tissue massage, manual traction, connective tissue massage, therapeutic massage, and mobilization, i.e., passive movement accomplished within normal range of motion of the joint, but excluding spinal manipulation and adjustment;

(d) Assistive and adaptive devices and equipment as they relate to patient mobility and community access;

(e) Physical agents;

(f) Mechanical and electrotherapeutic modalities; and

(g) Patient-related instruction.

(ii) The therapeutic intervention of bronchopulmonary hygiene and debridement of wounds require a physician referral before initiation of treatment.

(iii) Physical therapy does not include radiology or electrosurgery;

(C) Preventing injury, impairments, functional limitations, and disability, including the promotion and maintenance of fitness, health, and quality of life in all age populations; and

(D) Engaging in consultation, testing, education, and research;

(8) (A) "Supervision" means that the supervising therapist retains moral, ethical, and legal responsibility for patient care and is readily available for consultation. (B) The supervising therapist is not required to be on-site but must be at least available by telecommunication; and

(A) "Supervision" means that the supervising therapist retains moral, ethical, and legal responsibility for patient care and is readily available for consultation.

(B) The supervising therapist is not required to be on-site but must be at least available by telecommunication; and

(9) "Telecommunication" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point or between or among points.

Acts 1959, No. 141, § 1; 1979, No. 631, § 1; 1981, No. 470, § 1; A.S.A. 1947, § 72-1317; Acts 1991, No. 1232, § 1; 1997, No. 744, § 1; 2001, No. 1412, § 1; 2009, No. 1471, § 2.
Ark. Code Ann. § 17-82-106 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-106
Advertising
Status: in_force

Advertising to the general public for the purpose of soliciting business consisting of any of the acts, services, or practices enumerated in § 17-82-102 or by any rule promulgated by the Arkansas State Board of Dental Examiners under authority of § 17-82-208 shall not be fraudulent or misleading and shall be in conformity with rules adopted by the board. Amended by Act 2019, No. 315,§ 1513, eff. 7/24/2019. Acts 1955, No. 14, § 11; 1969, No. 91, § 2; 1973, No. 85, § 1; 1981, No. 889, § 2; A.S.A. 1947, § 72-544.

Advertising to the general public for the purpose of soliciting business consisting of any of the acts, services, or practices enumerated in § 17-82-102 or by any rule promulgated by the Arkansas State Board of Dental Examiners under authority of § 17-82-208 shall not be fraudulent or misleading and shall be in conformity with rules adopted by the board.

Amended by Act 2019, No. 315,§ 1513, eff. 7/24/2019.

Acts 1955, No. 14, § 11; 1969, No. 91, § 2; 1973, No. 85, § 1; 1981, No. 889, § 2; A.S.A. 1947, § 72-544.
Ark. Code Ann. § 17-27-413 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-413
License and certificate renewal - Fee - Waiver
Status: in_force

(a) Each licensed alcoholism and drug abuse counselor, licensed associate alcoholism and drug abuse counselor, and certified alcoholism and drug abuse technician shall: (1) Renew his or her license or certificate every two (2) years; and (2) Pay the State Board of Examiners of Alcoholism and Drug Abuse Counselors a renewal fee fixed by the board. (b) (1) Renewal fees shall be waived for any licensee or person certified actually serving in the United States Armed Forces. (2) A waiver under subdivision (b)(1) of this section shall be effective for six (6) months following honorable discharge, separation, or release from the United States Armed Forces, after which period a license or certificate shall be considered lapsed. (c) The board, at its discretion, may require continuing education as a condition of license or certificate renewal. Acts 1999, No. 1588, § 13; 2009, No. 443, § 4.

(a) Each licensed alcoholism and drug abuse counselor, licensed associate alcoholism and drug abuse counselor, and certified alcoholism and drug abuse technician shall: (1) Renew his or her license or certificate every two (2) years; and (2) Pay the State Board of Examiners of Alcoholism and Drug Abuse Counselors a renewal fee fixed by the board.

(1) Renew his or her license or certificate every two (2) years; and

(2) Pay the State Board of Examiners of Alcoholism and Drug Abuse Counselors a renewal fee fixed by the board.

(b) (1) Renewal fees shall be waived for any licensee or person certified actually serving in the United States Armed Forces. (2) A waiver under subdivision (b)(1) of this section shall be effective for six (6) months following honorable discharge, separation, or release from the United States Armed Forces, after which period a license or certificate shall be considered lapsed.

(1) Renewal fees shall be waived for any licensee or person certified actually serving in the United States Armed Forces.

(2) A waiver under subdivision (b)(1) of this section shall be effective for six (6) months following honorable discharge, separation, or release from the United States Armed Forces, after which period a license or certificate shall be considered lapsed.

(c) The board, at its discretion, may require continuing education as a condition of license or certificate renewal.

Acts 1999, No. 1588, § 13; 2009, No. 443, § 4.