Ark. Code Ann. § 17-92-602 — AR Code / Title 17 / Chapter 92 / Subchapter 6 / Section 17-92-602
Definitions
Status: in_force

As used in this subchapter: (1) "Hospital" means a hospital as defined in § 20-9-201 ; (2) "Hospital employee" means any individual employed by a hospital whose compensation for services or labor actually performed for a hospital is reflected on the payroll records of a hospital; (3) "Hospital pharmacy" means the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are prepared for distribution and administration for the use or benefit of patients in a hospital. The "hospital pharmacy" may also provide pharmacy services to patients in a "swing bed" within the hospital that may periodically swing back and forth from being a short-term acute hospital bed to a longer-term nursing home bed. The "hospital pharmacy" shall also mean the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are compounded for the dispensing to hospital employees, members of the immediate families of hospital employees, patients being discharged, and for other persons in emergency situations; (4) "Hospital pharmacy technicians" means persons other than licensed pharmacists who perform duties in conjunction with the overall hospital medication distribution system for inpatients; and (5) "Licensed pharmacist" means any person licensed to practice pharmacy by the Arkansas State Board of Pharmacy. Amended by Act 2019, No. 386,§ 44, eff. 7/24/2019. Acts 1975, No. 659, § 2; 1981, No. 584, § 1; A.S.A. 1947, § 72-1055; Acts 1999, No. 105, § 15.

As used in this subchapter:

(1) "Hospital" means a hospital as defined in § 20-9-201 ;

(2) "Hospital employee" means any individual employed by a hospital whose compensation for services or labor actually performed for a hospital is reflected on the payroll records of a hospital;

(3) "Hospital pharmacy" means the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are prepared for distribution and administration for the use or benefit of patients in a hospital. The "hospital pharmacy" may also provide pharmacy services to patients in a "swing bed" within the hospital that may periodically swing back and forth from being a short-term acute hospital bed to a longer-term nursing home bed. The "hospital pharmacy" shall also mean the place or places in which drugs, chemicals, medicines, prescriptions, or poisons are compounded for the dispensing to hospital employees, members of the immediate families of hospital employees, patients being discharged, and for other persons in emergency situations;

(4) "Hospital pharmacy technicians" means persons other than licensed pharmacists who perform duties in conjunction with the overall hospital medication distribution system for inpatients; and

(5) "Licensed pharmacist" means any person licensed to practice pharmacy by the Arkansas State Board of Pharmacy.

Amended by Act 2019, No. 386,§ 44, eff. 7/24/2019.

Acts 1975, No. 659, § 2; 1981, No. 584, § 1; A.S.A. 1947, § 72-1055; Acts 1999, No. 105, § 15.
Ark. Code Ann. § 17-37-216 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-216
Refusal to issue license
Status: in_force

The State Plant Board shall have the authority to refuse the issuance of a license even though a passing grade is made on the written examination if the board in its judgment, after reviewing the evidence of reference checks, deems the applicant is not morally and financially responsible. Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.

The State Plant Board shall have the authority to refuse the issuance of a license even though a passing grade is made on the written examination if the board in its judgment, after reviewing the evidence of reference checks, deems the applicant is not morally and financially responsible.

Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.
Ark. Code Ann. § 17-90-302 — AR Code / Title 17 / Chapter 90 / Subchapter 3 / Section 17-90-302
Licensure by endorsement
Status: in_force

(a) Any person from another state desiring to engage in the practice of optometry in this state may be issued licensure by endorsement at the sole discretion of the State Board of Optometry upon satisfactory proof that he or she: (1) Is qualified under this chapter; (2) Has been issued a certificate or license to practice optometry by a state, territory, the District of Columbia, or Canada having standards of proficiency at least equal to the standards of Arkansas; (3) Has engaged in the lawful practice of optometry for a period of three (3) years of the past four (4) years in the other state, territory, the District of Columbia, or Canada and has complied with all the requirements of the Arkansas licensure law at the time of application; and (4) Has passed an Arkansas jurisprudence examination. (b) The applicant shall pay a fee to the Secretary-treasurer of the State Board of Optometry for registration in a reasonable amount to cover the administrative costs of the application process as determined by the State Board of Optometry. (c) An application for licensure by endorsement shall be accompanied by: (1) The fee described in subsection (b) of this section; (2) Certification from all other states or territories in which the applicant has practiced; (3) A certificate of good standing from each authority which issued the license, setting forth the applicant's history with the authority, professional ability, continuing education compliance, and other information or data as the State Board of Optometry may deem necessary or expedient; (4) A copy of the therapeutic license held by the applicant; (5) A copy of the cardiopulmonary resuscitation certification held by the applicant; (6) Transcripts from: (A) All colleges or universities attended by the applicant; and (B) An accredited school or college of optometry; (7) Proof of completion of all parts of the National Board of Examiners in Optometry examination required at the time of graduation for initial licensure sent directly to the State Board of Optometry; (8) Information on past medical malpractice claims and any disciplinary actions; and (9) Application to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation, which shall include the taking of fingerprints. (d) Upon furnishing satisfactory proof of fitness as contemplated in this section, the State Board of Optometry in its discretion may issue a license to practice optometry to the applicant without further cost except as otherwise provided in this chapter for the renewal of licenses. Amended by Act 2019, No. 990,§ 86, eff. 7/24/2019. Amended by Act 2017, No. 447,§ 1, eff. 3/13/2017. Amended by Act 2017, No. 143,§ 1, eff. 2/7/2017. Acts 1941, No. 94, § 7; 1957, No. 102, § 4; A.S.A. 1947, § 72-809; Acts 1991, No. 397, § 2.

(a) Any person from another state desiring to engage in the practice of optometry in this state may be issued licensure by endorsement at the sole discretion of the State Board of Optometry upon satisfactory proof that he or she: (1) Is qualified under this chapter; (2) Has been issued a certificate or license to practice optometry by a state, territory, the District of Columbia, or Canada having standards of proficiency at least equal to the standards of Arkansas; (3) Has engaged in the lawful practice of optometry for a period of three (3) years of the past four (4) years in the other state, territory, the District of Columbia, or Canada and has complied with all the requirements of the Arkansas licensure law at the time of application; and (4) Has passed an Arkansas jurisprudence examination.

(1) Is qualified under this chapter;

(2) Has been issued a certificate or license to practice optometry by a state, territory, the District of Columbia, or Canada having standards of proficiency at least equal to the standards of Arkansas;

(3) Has engaged in the lawful practice of optometry for a period of three (3) years of the past four (4) years in the other state, territory, the District of Columbia, or Canada and has complied with all the requirements of the Arkansas licensure law at the time of application; and

(4) Has passed an Arkansas jurisprudence examination.

(b) The applicant shall pay a fee to the Secretary-treasurer of the State Board of Optometry for registration in a reasonable amount to cover the administrative costs of the application process as determined by the State Board of Optometry.

(c) An application for licensure by endorsement shall be accompanied by: (1) The fee described in subsection (b) of this section; (2) Certification from all other states or territories in which the applicant has practiced; (3) A certificate of good standing from each authority which issued the license, setting forth the applicant's history with the authority, professional ability, continuing education compliance, and other information or data as the State Board of Optometry may deem necessary or expedient; (4) A copy of the therapeutic license held by the applicant; (5) A copy of the cardiopulmonary resuscitation certification held by the applicant; (6) Transcripts from: (A) All colleges or universities attended by the applicant; and (B) An accredited school or college of optometry; (7) Proof of completion of all parts of the National Board of Examiners in Optometry examination required at the time of graduation for initial licensure sent directly to the State Board of Optometry; (8) Information on past medical malpractice claims and any disciplinary actions; and (9) Application to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation, which shall include the taking of fingerprints.

(1) The fee described in subsection (b) of this section;

(2) Certification from all other states or territories in which the applicant has practiced;

(3) A certificate of good standing from each authority which issued the license, setting forth the applicant's history with the authority, professional ability, continuing education compliance, and other information or data as the State Board of Optometry may deem necessary or expedient;

(4) A copy of the therapeutic license held by the applicant;

(5) A copy of the cardiopulmonary resuscitation certification held by the applicant;

(6) Transcripts from: (A) All colleges or universities attended by the applicant; and (B) An accredited school or college of optometry;

(A) All colleges or universities attended by the applicant; and

(B) An accredited school or college of optometry;

(7) Proof of completion of all parts of the National Board of Examiners in Optometry examination required at the time of graduation for initial licensure sent directly to the State Board of Optometry;

(8) Information on past medical malpractice claims and any disciplinary actions; and

(9) Application to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Federal Bureau of Investigation, which shall include the taking of fingerprints.

(d) Upon furnishing satisfactory proof of fitness as contemplated in this section, the State Board of Optometry in its discretion may issue a license to practice optometry to the applicant without further cost except as otherwise provided in this chapter for the renewal of licenses.

Amended by Act 2019, No. 990,§ 86, eff. 7/24/2019.

Amended by Act 2017, No. 447,§ 1, eff. 3/13/2017.

Amended by Act 2017, No. 143,§ 1, eff. 2/7/2017.

Acts 1941, No. 94, § 7; 1957, No. 102, § 4; A.S.A. 1947, § 72-809; Acts 1991, No. 397, § 2.
Ark. Code Ann. § 17-82-605 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-605
Notification of changes
Status: in_force

(a) An operator shall notify the Arkansas State Board of Dental Examiners in writing within fifteen (15) days after a change in the employment of a dentist or dental hygienist working for the operator. (b) An operator shall notify the board in writing within ten (10) days after a change relating to a dentist to whom patients are to be referred for follow-up care under § 17-82-603(f) . (c) An operator shall notify the board in writing within ten (10) days of a change in the procedure for emergency follow-up care under § 17-82-603(f) . Acts 2009, No. 414, § 1.

(a) An operator shall notify the Arkansas State Board of Dental Examiners in writing within fifteen (15) days after a change in the employment of a dentist or dental hygienist working for the operator.

(b) An operator shall notify the board in writing within ten (10) days after a change relating to a dentist to whom patients are to be referred for follow-up care under § 17-82-603(f) .

(c) An operator shall notify the board in writing within ten (10) days of a change in the procedure for emergency follow-up care under § 17-82-603(f) .

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-17-205 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-205
Finances - Educational programs
Status: in_force

The Auctioneer's Licensing Board shall be financially self-sustaining, and, if funds permit, it may underwrite, within its financial limitations, educational programs for the enlightenment and benefit of the public and all auctioneers licensed under this chapter. Acts 1989, No. 266, § 6.

The Auctioneer's Licensing Board shall be financially self-sustaining, and, if funds permit, it may underwrite, within its financial limitations, educational programs for the enlightenment and benefit of the public and all auctioneers licensed under this chapter.

Acts 1989, No. 266, § 6.
Ark. Code Ann. § 17-28-313 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-313
Powers of Career Education and Workforce Development Board
Status: in_force

The Career Education and Workforce Development Board shall have the following powers: (1) To ensure that all persons working as apprentice electricians are properly registered; (2) To adopt rules as to the qualifications, training, and supervision of apprentice electricians subject to the approval of the Department of Labor and Licensing; and (3) To adopt rules establishing the roles and duties of the following organizations or officials in the electrical apprenticeship program in compliance with the Revised National Guidelines for Apprenticeship Standards for electrical training as approved and registered with the United States Office of Apprenticeship: (A) The Office of Skills Development; and (B) The State Electrical Apprenticeship Committee. Added by Act 2021, No. 647,§ 14, eff. 7/28/2021.

The Career Education and Workforce Development Board shall have the following powers:

(1) To ensure that all persons working as apprentice electricians are properly registered;

(2) To adopt rules as to the qualifications, training, and supervision of apprentice electricians subject to the approval of the Department of Labor and Licensing; and

(3) To adopt rules establishing the roles and duties of the following organizations or officials in the electrical apprenticeship program in compliance with the Revised National Guidelines for Apprenticeship Standards for electrical training as approved and registered with the United States Office of Apprenticeship: (A) The Office of Skills Development; and (B) The State Electrical Apprenticeship Committee.

(A) The Office of Skills Development; and

(B) The State Electrical Apprenticeship Committee.

Added by Act 2021, No. 647,§ 14, eff. 7/28/2021.
Ark. Code Ann. § 17-43-306 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-306
Issuance
Status: in_force

Each person who passes the examination to the satisfaction of the Arkansas State Board of Sanitarians shall be issued a certificate of registration upon payment of a registration fee of ten dollars ($10.00). Acts 1957, No. 281, § 12; 1985, No. 582, § 5; A.S.A. 1947, § 71-1612.

Each person who passes the examination to the satisfaction of the Arkansas State Board of Sanitarians shall be issued a certificate of registration upon payment of a registration fee of ten dollars ($10.00).

Acts 1957, No. 281, § 12; 1985, No. 582, § 5; A.S.A. 1947, § 71-1612.
Ark. Code Ann. § 17-42-504 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-504
Requirements - Mandatory real estate education
Status: in_force

(a) A person shall not practice as a provider of real estate education for real estate licensure unless the person holds a real estate license under this subchapter. (b) A person or school shall not represent that an offered real estate course satisfies the education requirements for real estate licensure unless the course is approved by the Arkansas Real Estate Commission. (c) (1) It is a violation of this subchapter to fail to obtain: (A) A license to practice as a provider of real estate education for real estate licensure; or (B) Approval for a real estate education course by the commission. (2) A real estate education course offered in violation of this subchapter is a nonqualified offering. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1995, No. 1285, § 3; 2007, No. 263, § 13.

(a) A person shall not practice as a provider of real estate education for real estate licensure unless the person holds a real estate license under this subchapter.

(b) A person or school shall not represent that an offered real estate course satisfies the education requirements for real estate licensure unless the course is approved by the Arkansas Real Estate Commission.

(c) (1) It is a violation of this subchapter to fail to obtain: (A) A license to practice as a provider of real estate education for real estate licensure; or (B) Approval for a real estate education course by the commission. (2) A real estate education course offered in violation of this subchapter is a nonqualified offering.

(1) It is a violation of this subchapter to fail to obtain: (A) A license to practice as a provider of real estate education for real estate licensure; or (B) Approval for a real estate education course by the commission.

(A) A license to practice as a provider of real estate education for real estate licensure; or

(B) Approval for a real estate education course by the commission.

(2) A real estate education course offered in violation of this subchapter is a nonqualified offering.

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

Acts 1993, No. 690, § 23; 1995, No. 1285, § 3; 2007, No. 263, § 13.
Ark. Code Ann. § 17-15-302 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-302
Exemptions
Status: in_force

(a) The following shall be exempt from the provisions of this chapter: (1) A professional engineer, as defined in § 17-30-101 , but only for work incidental to engineering practice if the professional engineer does not use the designation "architect" or any related term; (2) Employees of those lawfully practicing architecture who are acting under the instruction, control, or supervision of their employer; (3) Officers and employees of the United States Government while engaged within this state in the practice of architecture for the government; (4) Residents of this state who do not use the title "architect" or any term derived therefrom who act as designers for: (A) Buildings that are to be constructed for personal use, such as residences, if the buildings are not intended or adaptable for public employment, assembly, or any other use under which they will be open to the public; (B) Single family detached, duplex, triplex, and quadruplex dwellings; or (C) Buildings whose total cumulative and fair market value to complete, not including site, does not exceed two hundred fifty thousand dollars ($250,000); and (5) Owners and employees of planing mills, woodworking establishments, sash and door manufacturers, and jobbers in the designing, planning, detailing, and preparation of data on millwork, woodwork, and cabinetwork, provided they do not use the designation "architect" or any term derived therefrom. (b) (1) The terms of this chapter shall not apply to: (A) Any public school district exempted from the provisions of this chapter; or (B) Every public school district embracing a city with a population in excess of thirty thousand (30,000) which maintains a full-time superintendent of buildings with engineering and architectural experience. (2) This exception shall only apply: (A) If the total cumulative and fair market value to complete the repair and maintenance of buildings already constructed and alterations thereof does not exceed the sum of two hundred fifty thousand dollars ($250,000); and (B) If the total cumulative and fair market value to complete the new structures will not exceed the sum of two hundred fifty thousand dollars ($250,000). (c) The provisions of this chapter shall not apply to any public school district, place of assembly, daycare, church, or building not more than one (1) story high where: (1) The total cumulative and fair market value to complete the building, alteration, or structure does not exceed the sum of two hundred fifty thousand dollars ($250,000); and (2) The plans are approved by the State Fire Marshal. Amended by Act 2021, No. 568,§ 5, eff. 12/1/2023(providing for the expiration of amendments made by sections 2 and 3). Expiration repealed by Act 2023, No. 239, § 1 Amended by Act 2021, No. 568,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 568,§ 2, eff. 7/28/2021. Acts 1941, No. 270, § 2; 1959, No. 157, § 1; 1971, No. 582, § 1; 1973, No. 417, § 1; 1975 (Extended Sess., 1976), No. 1204, § 1; 1981, No. 18, § 1; A.S.A. 1947, § 71-302; reen. Acts 1987, No. 1002, § 1; 1995, No. 860, § 2; 1995, No. 1108, §§ 1, 2; 1999, No. 1338, § 3; 2011, No. 897, § 12. See Act 2021, No. 568, § 5. Repealed by Act 2023, No. 239, § 1

(a) The following shall be exempt from the provisions of this chapter: (1) A professional engineer, as defined in § 17-30-101 , but only for work incidental to engineering practice if the professional engineer does not use the designation "architect" or any related term; (2) Employees of those lawfully practicing architecture who are acting under the instruction, control, or supervision of their employer; (3) Officers and employees of the United States Government while engaged within this state in the practice of architecture for the government; (4) Residents of this state who do not use the title "architect" or any term derived therefrom who act as designers for: (A) Buildings that are to be constructed for personal use, such as residences, if the buildings are not intended or adaptable for public employment, assembly, or any other use under which they will be open to the public; (B) Single family detached, duplex, triplex, and quadruplex dwellings; or (C) Buildings whose total cumulative and fair market value to complete, not including site, does not exceed two hundred fifty thousand dollars ($250,000); and (5) Owners and employees of planing mills, woodworking establishments, sash and door manufacturers, and jobbers in the designing, planning, detailing, and preparation of data on millwork, woodwork, and cabinetwork, provided they do not use the designation "architect" or any term derived therefrom.

(1) A professional engineer, as defined in § 17-30-101 , but only for work incidental to engineering practice if the professional engineer does not use the designation "architect" or any related term;

(2) Employees of those lawfully practicing architecture who are acting under the instruction, control, or supervision of their employer;

(3) Officers and employees of the United States Government while engaged within this state in the practice of architecture for the government;

(4) Residents of this state who do not use the title "architect" or any term derived therefrom who act as designers for: (A) Buildings that are to be constructed for personal use, such as residences, if the buildings are not intended or adaptable for public employment, assembly, or any other use under which they will be open to the public; (B) Single family detached, duplex, triplex, and quadruplex dwellings; or (C) Buildings whose total cumulative and fair market value to complete, not including site, does not exceed two hundred fifty thousand dollars ($250,000); and

(A) Buildings that are to be constructed for personal use, such as residences, if the buildings are not intended or adaptable for public employment, assembly, or any other use under which they will be open to the public;

(B) Single family detached, duplex, triplex, and quadruplex dwellings; or

(C) Buildings whose total cumulative and fair market value to complete, not including site, does not exceed two hundred fifty thousand dollars ($250,000); and

(5) Owners and employees of planing mills, woodworking establishments, sash and door manufacturers, and jobbers in the designing, planning, detailing, and preparation of data on millwork, woodwork, and cabinetwork, provided they do not use the designation "architect" or any term derived therefrom.

(b) (1) The terms of this chapter shall not apply to: (A) Any public school district exempted from the provisions of this chapter; or (B) Every public school district embracing a city with a population in excess of thirty thousand (30,000) which maintains a full-time superintendent of buildings with engineering and architectural experience. (2) This exception shall only apply: (A) If the total cumulative and fair market value to complete the repair and maintenance of buildings already constructed and alterations thereof does not exceed the sum of two hundred fifty thousand dollars ($250,000); and (B) If the total cumulative and fair market value to complete the new structures will not exceed the sum of two hundred fifty thousand dollars ($250,000).

(1) The terms of this chapter shall not apply to: (A) Any public school district exempted from the provisions of this chapter; or (B) Every public school district embracing a city with a population in excess of thirty thousand (30,000) which maintains a full-time superintendent of buildings with engineering and architectural experience.

(A) Any public school district exempted from the provisions of this chapter; or

(B) Every public school district embracing a city with a population in excess of thirty thousand (30,000) which maintains a full-time superintendent of buildings with engineering and architectural experience.

(2) This exception shall only apply: (A) If the total cumulative and fair market value to complete the repair and maintenance of buildings already constructed and alterations thereof does not exceed the sum of two hundred fifty thousand dollars ($250,000); and (B) If the total cumulative and fair market value to complete the new structures will not exceed the sum of two hundred fifty thousand dollars ($250,000).

(A) If the total cumulative and fair market value to complete the repair and maintenance of buildings already constructed and alterations thereof does not exceed the sum of two hundred fifty thousand dollars ($250,000); and

(B) If the total cumulative and fair market value to complete the new structures will not exceed the sum of two hundred fifty thousand dollars ($250,000).

(c) The provisions of this chapter shall not apply to any public school district, place of assembly, daycare, church, or building not more than one (1) story high where: (1) The total cumulative and fair market value to complete the building, alteration, or structure does not exceed the sum of two hundred fifty thousand dollars ($250,000); and (2) The plans are approved by the State Fire Marshal.

(1) The total cumulative and fair market value to complete the building, alteration, or structure does not exceed the sum of two hundred fifty thousand dollars ($250,000); and

(2) The plans are approved by the State Fire Marshal.

Amended by Act 2021, No. 568,§ 5, eff. 12/1/2023(providing for the expiration of amendments made by sections 2 and 3). Expiration repealed by Act 2023, No. 239, § 1

Amended by Act 2021, No. 568,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 568,§ 2, eff. 7/28/2021.

Acts 1941, No. 270, § 2; 1959, No. 157, § 1; 1971, No. 582, § 1; 1973, No. 417, § 1; 1975 (Extended Sess., 1976), No. 1204, § 1; 1981, No. 18, § 1; A.S.A. 1947, § 71-302; reen. Acts 1987, No. 1002, § 1; 1995, No. 860, § 2; 1995, No. 1108, §§ 1, 2; 1999, No. 1338, § 3; 2011, No. 897, § 12.

See Act 2021, No. 568, § 5. Repealed by Act 2023, No. 239, § 1
Ark. Code Ann. § 17-55-101 — AR Code / Title 17 / Chapter 55 / Section 17-55-101
Licensure of electrical inspectors
Status: in_force

(a) A person employed as an electrical inspector in the State of Arkansas shall hold an electrical inspector license issued by the Board of Electrical Examiners of the State of Arkansas. (b) (1) A person shall apply for licensure as an electrical inspector on a form approved by the board within thirty (30) days of employment as an electrical inspector. (2) Applications shall be made to the board and shall contain: (A) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas; (B) (i) Verification of work experience as required by rule of the board. (ii) Work experience shall include without limitation demonstrated knowledge of: (a) The standard materials and methods used in the installation of electric equipment; (b) Approved methods of construction to ensure the safety of persons and property; and (c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and (C) Payment of a license fee as established by rule of the board that shall not exceed fifty dollars ($50.00). (c) An electrical inspector license: (1) Shall expire on January 1 of each year; and (2) May be renewed upon application to the board and submission of the following information: (A) Proof of continued employment as an electrical inspector in the State of Arkansas; (B) Payment of a renewal fee as established by rule of the board that shall not exceed fifty dollars ($50.00); and (C) (i) Proof of completion of at least sixteen (16) hours of continuing education. (ii) The board shall promulgate rules to set standards for continuing education for licensees under subdivision (c)(2)(C)(i) of this section. The rules shall include without limitation continuing education on the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 . (iii) The Division of Occupational and Professional Licensing Boards and Commissions may conduct or sponsor continuing education classes for electrical inspectors. (d) (1) The board may revoke or suspend an electrical inspector's license for just cause subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) (A) A civil penalty may be assessed against an electrical inspector by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the electrical inspector has violated a: (i) Provision of this chapter; (ii) Rule or order issued or promulgated by the board; or (iii) Condition of a license issued by the board. (B) For each violation, the civil penalty shall not exceed the following: (i) Two hundred fifty dollars ($250) for a first offense; (ii) Seven hundred fifty dollars ($750) for a second offense; or (iii) One thousand dollars ($1,000) for a third offense. (C) Each day of a continuing violation is a separate violation for purposes of penalty assessment. (D) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation. (E) If an electrical inspector against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs. (F) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter. (e) 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: (1) Renewal fee under § 17-28-301 ; and (2) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 . Amended by Act 2019, No. 315,§ 1498, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5443, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5442, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5441, eff. 7/1/2019. Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.

(a) A person employed as an electrical inspector in the State of Arkansas shall hold an electrical inspector license issued by the Board of Electrical Examiners of the State of Arkansas.

(b) (1) A person shall apply for licensure as an electrical inspector on a form approved by the board within thirty (30) days of employment as an electrical inspector. (2) Applications shall be made to the board and shall contain: (A) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas; (B) (i) Verification of work experience as required by rule of the board. (ii) Work experience shall include without limitation demonstrated knowledge of: (a) The standard materials and methods used in the installation of electric equipment; (b) Approved methods of construction to ensure the safety of persons and property; and (c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and (C) Payment of a license fee as established by rule of the board that shall not exceed fifty dollars ($50.00).

(1) A person shall apply for licensure as an electrical inspector on a form approved by the board within thirty (30) days of employment as an electrical inspector.

(2) Applications shall be made to the board and shall contain: (A) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas; (B) (i) Verification of work experience as required by rule of the board. (ii) Work experience shall include without limitation demonstrated knowledge of: (a) The standard materials and methods used in the installation of electric equipment; (b) Approved methods of construction to ensure the safety of persons and property; and (c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and (C) Payment of a license fee as established by rule of the board that shall not exceed fifty dollars ($50.00).

(A) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas;

(B) (i) Verification of work experience as required by rule of the board. (ii) Work experience shall include without limitation demonstrated knowledge of: (a) The standard materials and methods used in the installation of electric equipment; (b) Approved methods of construction to ensure the safety of persons and property; and (c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and

(i) Verification of work experience as required by rule of the board.

(ii) Work experience shall include without limitation demonstrated knowledge of: (a) The standard materials and methods used in the installation of electric equipment; (b) Approved methods of construction to ensure the safety of persons and property; and (c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and

(a) The standard materials and methods used in the installation of electric equipment;

(b) Approved methods of construction to ensure the safety of persons and property; and

(c) The requirements of the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 ; and

(C) Payment of a license fee as established by rule of the board that shall not exceed fifty dollars ($50.00).

(c) An electrical inspector license: (1) Shall expire on January 1 of each year; and (2) May be renewed upon application to the board and submission of the following information: (A) Proof of continued employment as an electrical inspector in the State of Arkansas; (B) Payment of a renewal fee as established by rule of the board that shall not exceed fifty dollars ($50.00); and (C) (i) Proof of completion of at least sixteen (16) hours of continuing education. (ii) The board shall promulgate rules to set standards for continuing education for licensees under subdivision (c)(2)(C)(i) of this section. The rules shall include without limitation continuing education on the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 . (iii) The Division of Occupational and Professional Licensing Boards and Commissions may conduct or sponsor continuing education classes for electrical inspectors.

(1) Shall expire on January 1 of each year; and

(2) May be renewed upon application to the board and submission of the following information: (A) Proof of continued employment as an electrical inspector in the State of Arkansas; (B) Payment of a renewal fee as established by rule of the board that shall not exceed fifty dollars ($50.00); and (C) (i) Proof of completion of at least sixteen (16) hours of continuing education. (ii) The board shall promulgate rules to set standards for continuing education for licensees under subdivision (c)(2)(C)(i) of this section. The rules shall include without limitation continuing education on the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 . (iii) The Division of Occupational and Professional Licensing Boards and Commissions may conduct or sponsor continuing education classes for electrical inspectors.

(A) Proof of continued employment as an electrical inspector in the State of Arkansas;

(B) Payment of a renewal fee as established by rule of the board that shall not exceed fifty dollars ($50.00); and

(C) (i) Proof of completion of at least sixteen (16) hours of continuing education. (ii) The board shall promulgate rules to set standards for continuing education for licensees under subdivision (c)(2)(C)(i) of this section. The rules shall include without limitation continuing education on the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 . (iii) The Division of Occupational and Professional Licensing Boards and Commissions may conduct or sponsor continuing education classes for electrical inspectors.

(i) Proof of completion of at least sixteen (16) hours of continuing education.

(ii) The board shall promulgate rules to set standards for continuing education for licensees under subdivision (c)(2)(C)(i) of this section. The rules shall include without limitation continuing education on the statewide standards for the construction, installation, and maintenance of electrical facilities and the performance of electrical work under § 20-31-104 .

(iii) The Division of Occupational and Professional Licensing Boards and Commissions may conduct or sponsor continuing education classes for electrical inspectors.

(d) (1) The board may revoke or suspend an electrical inspector's license for just cause subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) (A) A civil penalty may be assessed against an electrical inspector by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the electrical inspector has violated a: (i) Provision of this chapter; (ii) Rule or order issued or promulgated by the board; or (iii) Condition of a license issued by the board. (B) For each violation, the civil penalty shall not exceed the following: (i) Two hundred fifty dollars ($250) for a first offense; (ii) Seven hundred fifty dollars ($750) for a second offense; or (iii) One thousand dollars ($1,000) for a third offense. (C) Each day of a continuing violation is a separate violation for purposes of penalty assessment. (D) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation. (E) If an electrical inspector against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs. (F) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter.

(1) The board may revoke or suspend an electrical inspector's license for just cause subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) (A) A civil penalty may be assessed against an electrical inspector by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the electrical inspector has violated a: (i) Provision of this chapter; (ii) Rule or order issued or promulgated by the board; or (iii) Condition of a license issued by the board. (B) For each violation, the civil penalty shall not exceed the following: (i) Two hundred fifty dollars ($250) for a first offense; (ii) Seven hundred fifty dollars ($750) for a second offense; or (iii) One thousand dollars ($1,000) for a third offense. (C) Each day of a continuing violation is a separate violation for purposes of penalty assessment. (D) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation. (E) If an electrical inspector against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs. (F) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter.

(A) A civil penalty may be assessed against an electrical inspector by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the board according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the electrical inspector has violated a: (i) Provision of this chapter; (ii) Rule or order issued or promulgated by the board; or (iii) Condition of a license issued by the board.

(i) Provision of this chapter;

(ii) Rule or order issued or promulgated by the board; or

(iii) Condition of a license issued by the board.

(B) For each violation, the civil penalty shall not exceed the following: (i) Two hundred fifty dollars ($250) for a first offense; (ii) Seven hundred fifty dollars ($750) for a second offense; or (iii) One thousand dollars ($1,000) for a third offense.

(i) Two hundred fifty dollars ($250) for a first offense;

(ii) Seven hundred fifty dollars ($750) for a second offense; or

(iii) One thousand dollars ($1,000) for a third offense.

(C) Each day of a continuing violation is a separate violation for purposes of penalty assessment.

(D) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation.

(E) If an electrical inspector against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the Director of the Division of Occupational and Professional Licensing Boards and Commissions may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs.

(F) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter.

(e) 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: (1) Renewal fee under § 17-28-301 ; and (2) Continuing education requirements for master electricians and journeyman electricians under § 17-28-311 .

(1) Renewal fee under § 17-28-301 ; and

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

Amended by Act 2019, No. 315,§ 1498, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5443, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5442, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5441, eff. 7/1/2019.

Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 17-11-321 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-321
Certificate of authority - Application - Issuance
Status: in_force

(a) Any person, firm, or corporation desiring to engage in the business of abstracting in this state shall make application to the State Board of Appraisers, Abstracters, and Home Inspectors for a certificate of authority. (b) The application shall: (1) Be in a form prepared by the board; (2) Contain such information as may be necessary to assist the board in determining whether the applicant has complied with the provisions of this chapter; and (3) Be accompanied by an application fee in the sum of twenty-five dollars ($25.00). (c) The applicant shall furnish proof that: (1) The applicant has available an abstract plant for each county for which abstracts will be prepared, which abstract plant shall be made available for examination by the board; (2) The applicant is or has employed a registered abstracter; and (3) The bond requirements provided for in § 17-11-324 have been complied with. (d) (1) When the foregoing things have been done or conditions exist and approved by the board, the board shall issue a certificate of authority in such form as it may prescribe, attesting to the same and indicating the county of this state wherein the applicant may operate. (2) The certificate shall be prominently displayed in the office of the applicant. Amended by Act 2023, No. 628,§ 10, eff. 7/1/2023. Acts 1969, No. 109, § 7; A.S.A. 1947, § 71-107; Acts 2007, No. 1042, § 9.

(a) Any person, firm, or corporation desiring to engage in the business of abstracting in this state shall make application to the State Board of Appraisers, Abstracters, and Home Inspectors for a certificate of authority.

(b) The application shall: (1) Be in a form prepared by the board; (2) Contain such information as may be necessary to assist the board in determining whether the applicant has complied with the provisions of this chapter; and (3) Be accompanied by an application fee in the sum of twenty-five dollars ($25.00).

(1) Be in a form prepared by the board;

(2) Contain such information as may be necessary to assist the board in determining whether the applicant has complied with the provisions of this chapter; and

(3) Be accompanied by an application fee in the sum of twenty-five dollars ($25.00).

(c) The applicant shall furnish proof that: (1) The applicant has available an abstract plant for each county for which abstracts will be prepared, which abstract plant shall be made available for examination by the board; (2) The applicant is or has employed a registered abstracter; and (3) The bond requirements provided for in § 17-11-324 have been complied with.

(1) The applicant has available an abstract plant for each county for which abstracts will be prepared, which abstract plant shall be made available for examination by the board;

(2) The applicant is or has employed a registered abstracter; and

(3) The bond requirements provided for in § 17-11-324 have been complied with.

(d) (1) When the foregoing things have been done or conditions exist and approved by the board, the board shall issue a certificate of authority in such form as it may prescribe, attesting to the same and indicating the county of this state wherein the applicant may operate. (2) The certificate shall be prominently displayed in the office of the applicant.

(1) When the foregoing things have been done or conditions exist and approved by the board, the board shall issue a certificate of authority in such form as it may prescribe, attesting to the same and indicating the county of this state wherein the applicant may operate.

(2) The certificate shall be prominently displayed in the office of the applicant.

Amended by Act 2023, No. 628,§ 10, eff. 7/1/2023.

Acts 1969, No. 109, § 7; A.S.A. 1947, § 71-107; Acts 2007, No. 1042, § 9.
Ark. Code Ann. § 17-92-1006 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1006
Disclaimers or limitations of liabilities
Status: in_force

(a) No pharmacy that sells, dispenses, distributes, delivers, prescribes, or participates in the sale, dispensing, or delivery of any prescription-only drug to any consumer in this state, if the consumer submitted the purchase order for the prescription-only drug through an internet site or by electronic mail, may disclaim, limit, or waive any liability to which the pharmacy otherwise is subject under law for the act or practice of selling, dispensing, or delivering prescription-only drugs. (b) Any disclaimer, limitation, or waiver in violation of this section is void. (c) Any attempt to make any disclaimer, limitation, or waiver in violation of this section is a violation of this subchapter. Acts 2001, No. 1411, § 6.

(a) No pharmacy that sells, dispenses, distributes, delivers, prescribes, or participates in the sale, dispensing, or delivery of any prescription-only drug to any consumer in this state, if the consumer submitted the purchase order for the prescription-only drug through an internet site or by electronic mail, may disclaim, limit, or waive any liability to which the pharmacy otherwise is subject under law for the act or practice of selling, dispensing, or delivering prescription-only drugs.

(b) Any disclaimer, limitation, or waiver in violation of this section is void.

(c) Any attempt to make any disclaimer, limitation, or waiver in violation of this section is a violation of this subchapter.

Acts 2001, No. 1411, § 6.
Ark. Code Ann. § 17-30-103 — AR Code / Title 17 / Chapter 30 / Subchapter 1 / Section 17-30-103
Injunction - Liability of board
Status: in_force

(a) (1) Upon proper determination that a person has been found guilty of violating this chapter, the State Board of Licensure for Professional Engineers and Professional Surveyors may file a civil suit in the proper court in the jurisdiction in which the service or work is being performed. (2) Upon affidavit, the board shall secure a writ of injunction, without bond, restraining and prohibiting the person from performance of the service or work then being done or about to commence. (b) The members of the board, acting in good faith, are not personally liable under this proceeding. Acts 1953, No. 214, § 4; 1957, No. 285, § 1; 1969, No. 131, § 1; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 1.

(a) (1) Upon proper determination that a person has been found guilty of violating this chapter, the State Board of Licensure for Professional Engineers and Professional Surveyors may file a civil suit in the proper court in the jurisdiction in which the service or work is being performed. (2) Upon affidavit, the board shall secure a writ of injunction, without bond, restraining and prohibiting the person from performance of the service or work then being done or about to commence.

(1) Upon proper determination that a person has been found guilty of violating this chapter, the State Board of Licensure for Professional Engineers and Professional Surveyors may file a civil suit in the proper court in the jurisdiction in which the service or work is being performed.

(2) Upon affidavit, the board shall secure a writ of injunction, without bond, restraining and prohibiting the person from performance of the service or work then being done or about to commence.

(b) The members of the board, acting in good faith, are not personally liable under this proceeding.

Acts 1953, No. 214, § 4; 1957, No. 285, § 1; 1969, No. 131, § 1; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 1.
Ark. Code Ann. § 17-40-202 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-202
[Repealed]
Status: repealed

Repealed without reference to the 2015 amendment by Act 2015, No. 393,§ 48, eff. 9/1/2015. Amended by Act 2015, No. 1100,§ 26, eff. 7/22/2015. Acts 1977, No. 429, § 5; 1981, No. 792, § 1; 1983, No. 899, § 4; A.S.A. 1947, § 71-2126.

Repealed without reference to the 2015 amendment by Act 2015, No. 393,§ 48, eff. 9/1/2015.

Amended by Act 2015, No. 1100,§ 26, eff. 7/22/2015.

Acts 1977, No. 429, § 5; 1981, No. 792, § 1; 1983, No. 899, § 4; A.S.A. 1947, § 71-2126.
Ark. Code Ann. § 17-17-201 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-201
Creation - Members
Status: in_force

(a) There is hereby created the Auctioneer's Licensing Board. The Governor shall appoint a board consisting of seven (7) members, four (4) of whom are licensed auctioneers and three (3) from the public at large, each of whom immediately before the date of his or her appointment has been a resident of the State of Arkansas for five (5) years. (b) The four (4) members who are auctioneers shall have been auctioneers for at least five (5) years. (c) Each member shall serve until his or her successor is appointed and qualified. All successor members shall serve terms of four (4) years and until their successors are elected and qualified. (d) Vacancies shall be filled by appointment of the Governor for the unexpired term. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1989, No. 266, § 6; 1997, No. 250, § 125.

(a) There is hereby created the Auctioneer's Licensing Board. The Governor shall appoint a board consisting of seven (7) members, four (4) of whom are licensed auctioneers and three (3) from the public at large, each of whom immediately before the date of his or her appointment has been a resident of the State of Arkansas for five (5) years.

(b) The four (4) members who are auctioneers shall have been auctioneers for at least five (5) years.

(c) Each member shall serve until his or her successor is appointed and qualified. All successor members shall serve terms of four (4) years and until their successors are elected and qualified.

(d) Vacancies shall be filled by appointment of the Governor for the unexpired term.

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

Acts 1989, No. 266, § 6; 1997, No. 250, § 125.
Ark. Code Ann. § 17-12-303 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-303
Criminal background check
Status: in_force

(a) The Arkansas State Board of Public Accountancy may require each applicant for a new or reinstated license as a certified public accountant, including reciprocity applicants, or public accountant to apply for or authorize the board to obtain state and national criminal background checks to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (b) The criminal background checks shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall authorize the release of the criminal background checks to the board and shall be responsible for the payment of any fee associated with the criminal background checks. (d) Upon completion of the criminal background checks, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant. (e) [Repealed.] (f) (1) The provisions of subsection (e) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure or registration; or (B) The person holding a license or registration subject to revocation. (2) Circumstances for which a waiver may be granted shall include, but not be limited to: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime; (D) Subsequent work history; (E) Employment references; (F) Character references; (G) A conviction or record that has been expunged; and (H) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare. (g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section is not available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (3) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation. (4) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the criminal background checks. (h) The board shall adopt rules to implement the provisions of this section. Amended by Act 2019, No. 315,§ 1332, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 8, eff. 7/24/2019. Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1993, No. 1219, § 1; 1999, No. 180, § 14; 2005, No. 54, § 7.

(a) The Arkansas State Board of Public Accountancy may require each applicant for a new or reinstated license as a certified public accountant, including reciprocity applicants, or public accountant to apply for or authorize the board to obtain state and national criminal background checks to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

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

(c) The applicant shall authorize the release of the criminal background checks to the board and shall be responsible for the payment of any fee associated with the criminal background checks.

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

(e) [Repealed.]

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

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

(A) An affected applicant for licensure or registration; or

(B) The person holding a license or registration subject to revocation.

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

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

(B) The circumstances surrounding the crime;

(C) The length of time since the crime;

(D) Subsequent work history;

(E) Employment references;

(F) Character references;

(G) A conviction or record that has been expunged; and

(H) Other evidence demonstrating that the applicant does not pose a threat to the public health, safety, or welfare.

(g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section is not available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (3) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation. (4) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the criminal background checks.

(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section is not available for examination except by: (A) The affected applicant or the applicant's authorized representative; or (B) The person whose license or registration is subject to revocation or his or her authorized representative.

(A) The affected applicant or the applicant's authorized representative; or

(B) The person whose license or registration is subject to revocation or his or her authorized representative.

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

(3) Only information pertaining to the person making the request may be made available to the affected applicant or the person whose license or registration is subject to revocation.

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

(h) The board shall adopt rules to implement the provisions of this section.

Amended by Act 2019, No. 315,§ 1332, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 8, eff. 7/24/2019.

Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1993, No. 1219, § 1; 1999, No. 180, § 14; 2005, No. 54, § 7.
Ark. Code Ann. § 17-42-405 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-405
Additional fee
Status: in_force

(a) In addition to the other fees provided for in this chapter and rules of the Arkansas Real Estate Commission, each licensed real estate broker and salesperson shall pay to the commission for the benefit of the Real Estate Recovery Fund a fee as the commission may require, not to exceed the lesser of: (1) Twenty-five dollars ($25.00) per annual renewal; or (2) An amount sufficient to restore the fund balance to two hundred fifty thousand dollars ($250,000). (b) Likewise, each person who becomes a licensee for the first time shall at that time pay to the commission for the benefit of the fund such fee as the commission may require, not to exceed twenty-five dollars ($25.00). (c) No fees collected under the provisions of this subchapter may be expended from the fund except for the purposes set forth in this subchapter. Amended by Act 2019, No. 315,§ 1466, eff. 7/24/2019. Acts 1993, No. 690, § 22.

(a) In addition to the other fees provided for in this chapter and rules of the Arkansas Real Estate Commission, each licensed real estate broker and salesperson shall pay to the commission for the benefit of the Real Estate Recovery Fund a fee as the commission may require, not to exceed the lesser of: (1) Twenty-five dollars ($25.00) per annual renewal; or (2) An amount sufficient to restore the fund balance to two hundred fifty thousand dollars ($250,000).

(1) Twenty-five dollars ($25.00) per annual renewal; or

(2) An amount sufficient to restore the fund balance to two hundred fifty thousand dollars ($250,000).

(b) Likewise, each person who becomes a licensee for the first time shall at that time pay to the commission for the benefit of the fund such fee as the commission may require, not to exceed twenty-five dollars ($25.00).

(c) No fees collected under the provisions of this subchapter may be expended from the fund except for the purposes set forth in this subchapter.

Amended by Act 2019, No. 315,§ 1466, eff. 7/24/2019.

Acts 1993, No. 690, § 22.
Ark. Code Ann. § 17-24-401 — AR Code / Title 17 / Chapter 24 / Subchapter 4 / Section 17-24-401
"Long arm" jurisdiction
Status: in_force

Any nonresident person, partnership, association, or any foreign corporation not authorized to do business in this state whose sole business contact with this state is the soliciting of accounts in this state by mail, telephone, telegraph, or by other like means originating outside this state, or the taking or accepting for collection of any account or accounts in this state by such means, shall by such acts: (1) Subject himself or herself to the jurisdiction of the proper courts of this state under the procedure provided in §§ 17-24-403 and 17-24-404 on any cause of action arising out of or connected with the collection of any such account or accounts; (2) Be deemed to have consented to comply with the maximum collection charges or fees provided in § 17-24-309 ; and (3) Be deemed to have consented to and designated the Secretary of State to be the true and lawful attorney of the person, partnership, association, or corporation upon whom may be served all legal process in any action, suit, or proceeding in any court by any resident of this state arising out of or connected with the collection of any such account or accounts. Such acts shall be signification of its agreement that any legal process in any court action or suit so served shall be of the same legal force and validity as personal service of process in this state upon the person, partnership, association, or corporation. Service of process shall be made upon the Secretary of State pursuant to § 17-24-403 . Acts 1965, No. 145, § 1; 1969, No. 214, §§ 1, 3; A.S.A. 1947, §§ 71-2001, 71-2012; Acts 1997, No. 1213, § 3; 1999, No. 1500, § 4.

Any nonresident person, partnership, association, or any foreign corporation not authorized to do business in this state whose sole business contact with this state is the soliciting of accounts in this state by mail, telephone, telegraph, or by other like means originating outside this state, or the taking or accepting for collection of any account or accounts in this state by such means, shall by such acts:

(1) Subject himself or herself to the jurisdiction of the proper courts of this state under the procedure provided in §§ 17-24-403 and 17-24-404 on any cause of action arising out of or connected with the collection of any such account or accounts;

(2) Be deemed to have consented to comply with the maximum collection charges or fees provided in § 17-24-309 ; and

(3) Be deemed to have consented to and designated the Secretary of State to be the true and lawful attorney of the person, partnership, association, or corporation upon whom may be served all legal process in any action, suit, or proceeding in any court by any resident of this state arising out of or connected with the collection of any such account or accounts. Such acts shall be signification of its agreement that any legal process in any court action or suit so served shall be of the same legal force and validity as personal service of process in this state upon the person, partnership, association, or corporation. Service of process shall be made upon the Secretary of State pursuant to § 17-24-403 .

Acts 1965, No. 145, § 1; 1969, No. 214, §§ 1, 3; A.S.A. 1947, §§ 71-2001, 71-2012; Acts 1997, No. 1213, § 3; 1999, No. 1500, § 4.
Ark. Code Ann. § 17-95-101 — AR Code / Title 17 / Chapter 95 / Subchapter 1 / Section 17-95-101
"Good Samaritan" law - Definition
Status: in_force

(a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident is not liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct. (b) Any person who is not a healthcare professional who is present at an emergency or accident scene and who: (1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and (2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (c) (1) A person who, without compensation, renders suicide prevention intervention at the scene of a threatened suicide, for and at the request of a nonprofit organization, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (2) A nonprofit organization that requests, sponsors, or participates in the providing of services under circumstances described in subdivision (c)(1) of this section is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (d) A healthcare professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a healthcare facility for an injury suffered in the course of the event or contest is not liable for any civil damages as a result of any acts or omissions by that healthcare professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence. (e) For the purposes of this section, "healthcare professional" means a licensed physician, chiropractic physician, dentist, optometric physician, podiatric physician, and any other licensed healthcare professional. Amended by Act 2023, No. 47,§ 1, eff. 8/1/2023. Acts 1963, No. 46, § 1; 1979, No. 55, § 1; 1979, No. 725, § 1; A.S.A. 1947, §§ 72-624, 72-624.1; Acts 1993, No. 1190, § 1; 2007, No. 683, § 1; 2007, No. 1038, § 1.

(a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident is not liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct.

(b) Any person who is not a healthcare professional who is present at an emergency or accident scene and who: (1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and (2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.

(1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and

(2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.

(c) (1) A person who, without compensation, renders suicide prevention intervention at the scene of a threatened suicide, for and at the request of a nonprofit organization, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (2) A nonprofit organization that requests, sponsors, or participates in the providing of services under circumstances described in subdivision (c)(1) of this section is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.

(1) A person who, without compensation, renders suicide prevention intervention at the scene of a threatened suicide, for and at the request of a nonprofit organization, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.

(2) A nonprofit organization that requests, sponsors, or participates in the providing of services under circumstances described in subdivision (c)(1) of this section is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct.

(d) A healthcare professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a healthcare facility for an injury suffered in the course of the event or contest is not liable for any civil damages as a result of any acts or omissions by that healthcare professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence.

(e) For the purposes of this section, "healthcare professional" means a licensed physician, chiropractic physician, dentist, optometric physician, podiatric physician, and any other licensed healthcare professional.

Amended by Act 2023, No. 47,§ 1, eff. 8/1/2023.

Acts 1963, No. 46, § 1; 1979, No. 55, § 1; 1979, No. 725, § 1; A.S.A. 1947, §§ 72-624, 72-624.1; Acts 1993, No. 1190, § 1; 2007, No. 683, § 1; 2007, No. 1038, § 1.
Ark. Code Ann. § 17-11-402 — AR Code / Title 17 / Chapter 11 / Subchapter 4 / Section 17-11-402
[Repealed]
Status: repealed

Repealed by Act 2023, No. 628,§ 17, eff. 7/1/2023. Acts 2007, No. 1042, § 3.

Repealed by Act 2023, No. 628,§ 17, eff. 7/1/2023.

Acts 2007, No. 1042, § 3.
Ark. Code Ann. § 17-40-104 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-104
Penalties
Status: in_force

(a) A person who violates this chapter upon conviction is guilty of a Class A misdemeanor. (b) A person who violates this chapter within one (1) year of a previous violation upon conviction is guilty of a Class D felony. Amended by Act 2015, No. 393,§ 42, eff. 9/1/2015. Acts 1977, No. 429, § 33; 1981, No. 792, § 16; 1983, No. 899, § 12; A.S.A. 1947, §§ 71-2154, 71-2161; Acts 1999, No. 1493, § 3.

(a) A person who violates this chapter upon conviction is guilty of a Class A misdemeanor.

(b) A person who violates this chapter within one (1) year of a previous violation upon conviction is guilty of a Class D felony.

Amended by Act 2015, No. 393,§ 42, eff. 9/1/2015.

Acts 1977, No. 429, § 33; 1981, No. 792, § 16; 1983, No. 899, § 12; A.S.A. 1947, §§ 71-2154, 71-2161; Acts 1999, No. 1493, § 3.
Ark. Code Ann. § 17-96-305 — AR Code / Title 17 / Chapter 96 / Subchapter 3 / Section 17-96-305
Temporary license
Status: in_force

(a) A temporary license to practice podiatric medicine in this state may be issued to a person who meets all the qualifications for licensure with the exception of the residency requirement while participating in a full-time podiatric residency program. This program must be approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association. This person shall practice under the supervision of a licensed and qualified podiatrist of this state. The Arkansas Board of Podiatric Medicine must be notified in writing of this supervisory status by the residency director of the program. The board shall also receive in writing the name of the podiatrist who will act as the supervisor and an agreement to act in the capacity of a supervisor. (b) The temporary license will be in effect for a period of one (1) year after the date of issue. The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program. (c) A podiatrist practicing podiatric medicine with a temporary license may be suspended or may have the temporary license revoked under the same provisions for the revocation of licensure or suspension of a fully licensed podiatrist. (d) The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program. The proof of residency completion accompanied by the licensing renewal fee must be presented to the board within thirty (30) days of completion of the residency program or the applicant shall be required to submit a new application for licensure. Acts 1923, No. 610, § 4; 1937, No. 187, § 1; Pope's Dig., §§ 10848, 12113; Acts 1973, No. 31, § 2; 1983, No. 429, § 4; A.S.A. 1947, § 72-304; Acts 1997, No. 966, § 10.

(a) A temporary license to practice podiatric medicine in this state may be issued to a person who meets all the qualifications for licensure with the exception of the residency requirement while participating in a full-time podiatric residency program. This program must be approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association. This person shall practice under the supervision of a licensed and qualified podiatrist of this state. The Arkansas Board of Podiatric Medicine must be notified in writing of this supervisory status by the residency director of the program. The board shall also receive in writing the name of the podiatrist who will act as the supervisor and an agreement to act in the capacity of a supervisor.

(b) The temporary license will be in effect for a period of one (1) year after the date of issue. The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program.

(c) A podiatrist practicing podiatric medicine with a temporary license may be suspended or may have the temporary license revoked under the same provisions for the revocation of licensure or suspension of a fully licensed podiatrist.

(d) The board shall not issue a certificate to practice podiatric medicine if the applicant does not present proof of the successful completion of the residency program. The proof of residency completion accompanied by the licensing renewal fee must be presented to the board within thirty (30) days of completion of the residency program or the applicant shall be required to submit a new application for licensure.

Acts 1923, No. 610, § 4; 1937, No. 187, § 1; Pope's Dig., §§ 10848, 12113; Acts 1973, No. 31, § 2; 1983, No. 429, § 4; A.S.A. 1947, § 72-304; Acts 1997, No. 966, § 10.
Ark. Code Ann. § 17-24-404 — AR Code / Title 17 / Chapter 24 / Subchapter 4 / Section 17-24-404
Security prerequisite to filing defense pleading - Exception - Postponement
Status: in_force

(a) Before any nonresident person, partnership, association, or any foreign corporation upon whom service of process is had as provided by § 17-24-403 files or causes to be filed any pleading in any court action, suit, or proceeding instituted against a person, partnership, association, or corporation, he or she or it shall deposit with the clerk of the court in which the action, suit, or proceeding is pending cash or securities or bond with good and sufficient sureties to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in the court proceeding. (b) The court may in its discretion make an order dispensing with the deposit or bond when the person, partnership, association, or corporation makes a showing satisfactory to the court that it maintains in the State of Arkansas funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in the court action, suit, or proceeding. (c) In any action, suit, or proceeding in which service is made as provided in § 17-24-403 , the court, in its discretion, may order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with subsection (a) of this section and to defend any court action. Acts 1969, No. 214, §§ 4, 5; A.S.A. 1947, §§ 71-2013, 71-2014.

(a) Before any nonresident person, partnership, association, or any foreign corporation upon whom service of process is had as provided by § 17-24-403 files or causes to be filed any pleading in any court action, suit, or proceeding instituted against a person, partnership, association, or corporation, he or she or it shall deposit with the clerk of the court in which the action, suit, or proceeding is pending cash or securities or bond with good and sufficient sureties to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in the court proceeding.

(b) The court may in its discretion make an order dispensing with the deposit or bond when the person, partnership, association, or corporation makes a showing satisfactory to the court that it maintains in the State of Arkansas funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in the court action, suit, or proceeding.

(c) In any action, suit, or proceeding in which service is made as provided in § 17-24-403 , the court, in its discretion, may order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with subsection (a) of this section and to defend any court action.

Acts 1969, No. 214, §§ 4, 5; A.S.A. 1947, §§ 71-2013, 71-2014.
Ark. Code Ann. § 17-20-502 — AR Code / Title 17 / Chapter 20 / Subchapter 5 / Section 17-20-502
Certification
Status: in_force

The State Board of Barber Examiners shall issue a barber technician certification to a barbershop that is current with its shop and technician licenses. Amended by Act 2017, No. 1060,§ 32, eff. 8/1/2017. Acts 1971, No. 541, § 2; 1975, No. 656, § 1; A.S.A. 1947, § 71-537.

The State Board of Barber Examiners shall issue a barber technician certification to a barbershop that is current with its shop and technician licenses.

Amended by Act 2017, No. 1060,§ 32, eff. 8/1/2017.

Acts 1971, No. 541, § 2; 1975, No. 656, § 1; A.S.A. 1947, § 71-537.
Ark. Code Ann. § 17-49-110 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-110
Issuance and terms of registration certificate
Status: in_force

(a) A transient business registration certificate shall be issued under this section only when all requirements of this subchapter have been met. (b) The registration certificate shall: (1) Not be transferable; (2) Be valid only within the territorial limits of the issuing county; (3) Be valid only for a period of ninety (90) days; and (4) Be valid only for the business stated in the application. (c) A registration certificate so issued shall be valid for only one (1) person, unless the person is a member of a partnership or employee of a firm or corporation obtaining the registration certificate. Acts 1983, No. 587, § 10; A.S.A. 1947, § 71-5610; Acts 2007, No. 1603, § 7.

(a) A transient business registration certificate shall be issued under this section only when all requirements of this subchapter have been met.

(b) The registration certificate shall: (1) Not be transferable; (2) Be valid only within the territorial limits of the issuing county; (3) Be valid only for a period of ninety (90) days; and (4) Be valid only for the business stated in the application.

(1) Not be transferable;

(2) Be valid only within the territorial limits of the issuing county;

(3) Be valid only for a period of ninety (90) days; and

(4) Be valid only for the business stated in the application.

(c) A registration certificate so issued shall be valid for only one (1) person, unless the person is a member of a partnership or employee of a firm or corporation obtaining the registration certificate.

Acts 1983, No. 587, § 10; A.S.A. 1947, § 71-5610; Acts 2007, No. 1603, § 7.
Ark. Code Ann. § 17-81-317 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-317
Reactivation of lapsed license
Status: in_force

(a) Any licensee who allows his or her license to lapse by failing to renew the license as provided under § 17-81-311 may apply to the Arkansas State Board of Chiropractic Examiners for a reinstatement of his or her license and must submit to the board a reinstatement fee of twenty-five dollars ($25.00) together with all back fees, plus proof of compliance with the continuing education requirements of § 17-81-312 . (b) The delinquent licensee must obtain verification from all states in which he or she has practiced indicating whether or not disciplinary action has been taken against the licensee during that period. (c) If the licensee's license has been inactive for a period of five (5) years, as a condition of reactivation the board may require the licensee to enroll in and pass a refresher course approved by the board at an accredited chiropractic college or to pass a competency exam given by the board. Acts 1999, No. 1553, § 17; 2001, No. 1553, § 25.

(a) Any licensee who allows his or her license to lapse by failing to renew the license as provided under § 17-81-311 may apply to the Arkansas State Board of Chiropractic Examiners for a reinstatement of his or her license and must submit to the board a reinstatement fee of twenty-five dollars ($25.00) together with all back fees, plus proof of compliance with the continuing education requirements of § 17-81-312 .

(b) The delinquent licensee must obtain verification from all states in which he or she has practiced indicating whether or not disciplinary action has been taken against the licensee during that period.

(c) If the licensee's license has been inactive for a period of five (5) years, as a condition of reactivation the board may require the licensee to enroll in and pass a refresher course approved by the board at an accredited chiropractic college or to pass a competency exam given by the board.

Acts 1999, No. 1553, § 17; 2001, No. 1553, § 25.
Ark. Code Ann. § 17-27-101 — AR Code / Title 17 / Chapter 27 / Subchapter 1 / Section 17-27-101
Policy - Purpose
Status: in_force

(a) It is declared to be the policy of this state that activities of those persons who render service to the public in the counseling area and use the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" should be regulated for the protection of public health, safety, and welfare. (b) It is the purpose and intent of this chapter to: (1) Provide for the regulation of the practice of counseling in the State of Arkansas; (2) Create a board of examiners in counseling and prescribe the duties and powers of the board; (3) Provide for the examination and licensure of counselors; (4) Fix penalties for the violation of this chapter; (5) Impose reasonable fees for applications, licenses, examinations, and other administrative purposes that the board deems necessary and provide for the use of funds derived from the fees; and (6) Provide for the regulation of the use of the titles "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", and "licensed associate marriage and family therapist" for those who offer counseling services to the public. Amended by Act 2013, No. 959,§ 1, eff. 8/16/2013. Acts 1979, No. 593, § 1; A.S.A. 1947, § 71-5201; Acts 1997, No. 244, § 1.

(a) It is declared to be the policy of this state that activities of those persons who render service to the public in the counseling area and use the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" should be regulated for the protection of public health, safety, and welfare.

(b) It is the purpose and intent of this chapter to: (1) Provide for the regulation of the practice of counseling in the State of Arkansas; (2) Create a board of examiners in counseling and prescribe the duties and powers of the board; (3) Provide for the examination and licensure of counselors; (4) Fix penalties for the violation of this chapter; (5) Impose reasonable fees for applications, licenses, examinations, and other administrative purposes that the board deems necessary and provide for the use of funds derived from the fees; and (6) Provide for the regulation of the use of the titles "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", and "licensed associate marriage and family therapist" for those who offer counseling services to the public.

(1) Provide for the regulation of the practice of counseling in the State of Arkansas;

(2) Create a board of examiners in counseling and prescribe the duties and powers of the board;

(3) Provide for the examination and licensure of counselors;

(4) Fix penalties for the violation of this chapter;

(5) Impose reasonable fees for applications, licenses, examinations, and other administrative purposes that the board deems necessary and provide for the use of funds derived from the fees; and

(6) Provide for the regulation of the use of the titles "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", and "licensed associate marriage and family therapist" for those who offer counseling services to the public.

Amended by Act 2013, No. 959,§ 1, eff. 8/16/2013.

Acts 1979, No. 593, § 1; A.S.A. 1947, § 71-5201; Acts 1997, No. 244, § 1.
Ark. Code Ann. § 17-95-704 — AR Code / Title 17 / Chapter 95 / Subchapter 7 / Section 17-95-704
Arkansas State Medical Board - Treatment - Prohibitions
Status: in_force

(a) (1) A physician shall not be subject to disciplinary action by the Arkansas State Medical Board solely for prescribing dangerous or controlled drugs for the relief of chronic intractable pain. (2) (A) (i) Any allegation of improper prescribing determined to require a board hearing shall be referred to the Pain Management Review Committee before any board hearing or action. (ii) (a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter. (B) The board shall provide the committee all necessary documentation for the review process in a timely manner. (3) The board shall direct the committee to use the criteria under subsections (d) and (e) of this section to review a physician's conduct in regard to prescribing, administering, ordering, or dispensing pain medications and other drugs necessary to treat chronic intractable pain. (4) (A) If the board determines that an allegation or a question regarding a physician's prescribing does not justify a board hearing, in lieu of a board hearing, the board may refer a physician to the committee for review and recommendations to the board. (B) The review and recommendations under subdivision (a)(4)(A) of this section shall not adversely affect the physician's license or licensure status. (b) The board shall: (1) Make reasonable efforts to notify healthcare providers under its jurisdiction of the existence of this subchapter; (2) Inform any healthcare provider licensed by the board and investigated regarding the provider's practices in the management of pain of the existence of this subchapter; and (3) (A) In a disciplinary hearing, present opinion evidence from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (B) The physician has the right to present testimony from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (c) (1) In lieu of a finding of gross and ignorant malpractice, the board after a hearing may incrementally impose sanctions as follows: (A) Monitor prescribing habits of the physician not to exceed six (6) months; (B) Require the physician to voluntarily surrender his or her United States Drug Enforcement Administration license to the board for a specified period of time not to exceed three (3) months; (C) Suspend the physician's license, stay the suspension, and require monitoring of prescribing habits; (D) Revoke the physician's license, stay revocation, and require monitoring of the physician's prescribing habits for a specified time; and (E) Revoke the physician's license for serious violations of statutes and rules. (2) With a finding of severe violation of statutes and rules, the board may initially impose the more severe sanctions. (3) At any level of sanction, the board may require continuing medical education hours in proper prescribing habits. (d) Based upon evaluation and management of a patient's individual needs, a physician may: (1) Treat a patient who develops chronic intractable pain with a dangerous or controlled drug to relieve the patient's pain; (2) Continue to treat the patient for as long as the pain persists; (3) Treat the pain by managing it with dangerous or controlled drugs in amounts or combinations that may not be appropriate for treating another medical condition; (4) Administer large doses of dangerous or controlled drugs for pain management if the benefit of relief outweighs the risk of the large dose; and (5) Administer a large dose of a dangerous or controlled drug even if its use may increase the risk of death if the purpose is not to cause or assist in a patient's death. (e) A physician may not: (1) Prescribe or administer dangerous or controlled drugs intended to manage chronic intractable pain to treat a patient for chemical dependency on drugs or controlled substances; (2) Prescribe or administer dangerous or controlled drugs to a person the physician knows to be using drugs for nontherapeutic purposes; (3) Prescribe or administer dangerous or controlled drugs to a person for other than legitimate medical purposes; or (4) (A) Cause or assist in causing the suicide, euthanasia, or mercy killing of any individual. (B) However, causing or assisting in causing the suicide, euthanasia, or mercy killing of any individual does not include prescribing, dispensing, or administering medical treatment for the purpose of alleviating pain or discomfort even if that use may increase the risk of death so long as the treatment is not furnished for the purpose of causing or assisting in causing the death of the individual. Amended by Act 2019, No. 315,§ 1629, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1628, eff. 7/24/2019. Acts 2003, No. 1405, § 1; 2005, No. 2164, § 1.

(a) (1) A physician shall not be subject to disciplinary action by the Arkansas State Medical Board solely for prescribing dangerous or controlled drugs for the relief of chronic intractable pain. (2) (A) (i) Any allegation of improper prescribing determined to require a board hearing shall be referred to the Pain Management Review Committee before any board hearing or action. (ii) (a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter. (B) The board shall provide the committee all necessary documentation for the review process in a timely manner. (3) The board shall direct the committee to use the criteria under subsections (d) and (e) of this section to review a physician's conduct in regard to prescribing, administering, ordering, or dispensing pain medications and other drugs necessary to treat chronic intractable pain. (4) (A) If the board determines that an allegation or a question regarding a physician's prescribing does not justify a board hearing, in lieu of a board hearing, the board may refer a physician to the committee for review and recommendations to the board. (B) The review and recommendations under subdivision (a)(4)(A) of this section shall not adversely affect the physician's license or licensure status.

(1) A physician shall not be subject to disciplinary action by the Arkansas State Medical Board solely for prescribing dangerous or controlled drugs for the relief of chronic intractable pain.

(2) (A) (i) Any allegation of improper prescribing determined to require a board hearing shall be referred to the Pain Management Review Committee before any board hearing or action. (ii) (a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter. (B) The board shall provide the committee all necessary documentation for the review process in a timely manner.

(A) (i) Any allegation of improper prescribing determined to require a board hearing shall be referred to the Pain Management Review Committee before any board hearing or action. (ii) (a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter.

(i) Any allegation of improper prescribing determined to require a board hearing shall be referred to the Pain Management Review Committee before any board hearing or action.

(ii) (a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter.

(a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented.

(b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter.

(B) The board shall provide the committee all necessary documentation for the review process in a timely manner.

(3) The board shall direct the committee to use the criteria under subsections (d) and (e) of this section to review a physician's conduct in regard to prescribing, administering, ordering, or dispensing pain medications and other drugs necessary to treat chronic intractable pain.

(4) (A) If the board determines that an allegation or a question regarding a physician's prescribing does not justify a board hearing, in lieu of a board hearing, the board may refer a physician to the committee for review and recommendations to the board. (B) The review and recommendations under subdivision (a)(4)(A) of this section shall not adversely affect the physician's license or licensure status.

(A) If the board determines that an allegation or a question regarding a physician's prescribing does not justify a board hearing, in lieu of a board hearing, the board may refer a physician to the committee for review and recommendations to the board.

(B) The review and recommendations under subdivision (a)(4)(A) of this section shall not adversely affect the physician's license or licensure status.

(b) The board shall: (1) Make reasonable efforts to notify healthcare providers under its jurisdiction of the existence of this subchapter; (2) Inform any healthcare provider licensed by the board and investigated regarding the provider's practices in the management of pain of the existence of this subchapter; and (3) (A) In a disciplinary hearing, present opinion evidence from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (B) The physician has the right to present testimony from a full-time active practice physician in direct patient care who is knowledgeable in pain management.

(1) Make reasonable efforts to notify healthcare providers under its jurisdiction of the existence of this subchapter;

(2) Inform any healthcare provider licensed by the board and investigated regarding the provider's practices in the management of pain of the existence of this subchapter; and

(3) (A) In a disciplinary hearing, present opinion evidence from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (B) The physician has the right to present testimony from a full-time active practice physician in direct patient care who is knowledgeable in pain management.

(A) In a disciplinary hearing, present opinion evidence from a full-time active practice physician in direct patient care who is knowledgeable in pain management.

(B) The physician has the right to present testimony from a full-time active practice physician in direct patient care who is knowledgeable in pain management.

(c) (1) In lieu of a finding of gross and ignorant malpractice, the board after a hearing may incrementally impose sanctions as follows: (A) Monitor prescribing habits of the physician not to exceed six (6) months; (B) Require the physician to voluntarily surrender his or her United States Drug Enforcement Administration license to the board for a specified period of time not to exceed three (3) months; (C) Suspend the physician's license, stay the suspension, and require monitoring of prescribing habits; (D) Revoke the physician's license, stay revocation, and require monitoring of the physician's prescribing habits for a specified time; and (E) Revoke the physician's license for serious violations of statutes and rules. (2) With a finding of severe violation of statutes and rules, the board may initially impose the more severe sanctions. (3) At any level of sanction, the board may require continuing medical education hours in proper prescribing habits.

(1) In lieu of a finding of gross and ignorant malpractice, the board after a hearing may incrementally impose sanctions as follows: (A) Monitor prescribing habits of the physician not to exceed six (6) months; (B) Require the physician to voluntarily surrender his or her United States Drug Enforcement Administration license to the board for a specified period of time not to exceed three (3) months; (C) Suspend the physician's license, stay the suspension, and require monitoring of prescribing habits; (D) Revoke the physician's license, stay revocation, and require monitoring of the physician's prescribing habits for a specified time; and (E) Revoke the physician's license for serious violations of statutes and rules.

(A) Monitor prescribing habits of the physician not to exceed six (6) months;

(B) Require the physician to voluntarily surrender his or her United States Drug Enforcement Administration license to the board for a specified period of time not to exceed three (3) months;

(C) Suspend the physician's license, stay the suspension, and require monitoring of prescribing habits;

(D) Revoke the physician's license, stay revocation, and require monitoring of the physician's prescribing habits for a specified time; and

(E) Revoke the physician's license for serious violations of statutes and rules.

(2) With a finding of severe violation of statutes and rules, the board may initially impose the more severe sanctions.

(3) At any level of sanction, the board may require continuing medical education hours in proper prescribing habits.

(d) Based upon evaluation and management of a patient's individual needs, a physician may: (1) Treat a patient who develops chronic intractable pain with a dangerous or controlled drug to relieve the patient's pain; (2) Continue to treat the patient for as long as the pain persists; (3) Treat the pain by managing it with dangerous or controlled drugs in amounts or combinations that may not be appropriate for treating another medical condition; (4) Administer large doses of dangerous or controlled drugs for pain management if the benefit of relief outweighs the risk of the large dose; and (5) Administer a large dose of a dangerous or controlled drug even if its use may increase the risk of death if the purpose is not to cause or assist in a patient's death.

(1) Treat a patient who develops chronic intractable pain with a dangerous or controlled drug to relieve the patient's pain;

(2) Continue to treat the patient for as long as the pain persists;

(3) Treat the pain by managing it with dangerous or controlled drugs in amounts or combinations that may not be appropriate for treating another medical condition;

(4) Administer large doses of dangerous or controlled drugs for pain management if the benefit of relief outweighs the risk of the large dose; and

(5) Administer a large dose of a dangerous or controlled drug even if its use may increase the risk of death if the purpose is not to cause or assist in a patient's death.

(e) A physician may not: (1) Prescribe or administer dangerous or controlled drugs intended to manage chronic intractable pain to treat a patient for chemical dependency on drugs or controlled substances; (2) Prescribe or administer dangerous or controlled drugs to a person the physician knows to be using drugs for nontherapeutic purposes; (3) Prescribe or administer dangerous or controlled drugs to a person for other than legitimate medical purposes; or (4) (A) Cause or assist in causing the suicide, euthanasia, or mercy killing of any individual. (B) However, causing or assisting in causing the suicide, euthanasia, or mercy killing of any individual does not include prescribing, dispensing, or administering medical treatment for the purpose of alleviating pain or discomfort even if that use may increase the risk of death so long as the treatment is not furnished for the purpose of causing or assisting in causing the death of the individual.

(1) Prescribe or administer dangerous or controlled drugs intended to manage chronic intractable pain to treat a patient for chemical dependency on drugs or controlled substances;

(2) Prescribe or administer dangerous or controlled drugs to a person the physician knows to be using drugs for nontherapeutic purposes;

(3) Prescribe or administer dangerous or controlled drugs to a person for other than legitimate medical purposes; or

(4) (A) Cause or assist in causing the suicide, euthanasia, or mercy killing of any individual. (B) However, causing or assisting in causing the suicide, euthanasia, or mercy killing of any individual does not include prescribing, dispensing, or administering medical treatment for the purpose of alleviating pain or discomfort even if that use may increase the risk of death so long as the treatment is not furnished for the purpose of causing or assisting in causing the death of the individual.

(A) Cause or assist in causing the suicide, euthanasia, or mercy killing of any individual.

(B) However, causing or assisting in causing the suicide, euthanasia, or mercy killing of any individual does not include prescribing, dispensing, or administering medical treatment for the purpose of alleviating pain or discomfort even if that use may increase the risk of death so long as the treatment is not furnished for the purpose of causing or assisting in causing the death of the individual.

Amended by Act 2019, No. 315,§ 1629, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1628, eff. 7/24/2019.

Acts 2003, No. 1405, § 1; 2005, No. 2164, § 1.
Ark. Code Ann. § 17-82-502 — AR Code / Title 17 / Chapter 82 / Subchapter 5 / Section 17-82-502
Permit to administer
Status: in_force

A dentist receiving a permit to administer general anesthesia or sedation may administer it in compliance with the rules of the Arkansas State Board of Dental Examiners. Amended by Act 2019, No. 315,§ 1523, eff. 7/24/2019. Acts 1987, No. 584, § 1; 1997, No. 128, § 1.

A dentist receiving a permit to administer general anesthesia or sedation may administer it in compliance with the rules of the Arkansas State Board of Dental Examiners.

Amended by Act 2019, No. 315,§ 1523, eff. 7/24/2019.

Acts 1987, No. 584, § 1; 1997, No. 128, § 1.
Ark. Code Ann. § 17-90-203 — AR Code / Title 17 / Chapter 90 / Subchapter 2 / Section 17-90-203
Meetings - Officers - Records
Status: in_force

(a) The State Board of Optometry shall meet at least two (2) times each year. At the first regular meeting, the board members shall elect a president, a vice president, and a secretary-treasurer. (b) A record of its proceedings shall be kept which shall be open for public inspection at reasonable times. (c) The board shall make a report annually to the Secretary of the Department of Health showing all receipts and disbursements of moneys and a summary of all business transacted during the year. Amended by Act 2019, No. 910,§ 4882, eff. 7/1/2019. Acts 1941, No. 94, § 3; A.S.A. 1947, § 72-803.

(a) The State Board of Optometry shall meet at least two (2) times each year. At the first regular meeting, the board members shall elect a president, a vice president, and a secretary-treasurer.

(b) A record of its proceedings shall be kept which shall be open for public inspection at reasonable times.

(c) The board shall make a report annually to the Secretary of the Department of Health showing all receipts and disbursements of moneys and a summary of all business transacted during the year.

Amended by Act 2019, No. 910,§ 4882, eff. 7/1/2019.

Acts 1941, No. 94, § 3; A.S.A. 1947, § 72-803.
Ark. Code Ann. § 17-1-110 — AR Code / Title 17 / Chapter 1 / Section 17-1-110
Licensing of certain individuals - Definitions
Status: in_force

(a) As used in this section: (1) "Occupational or professional license" means a license, certificate, registration, permit, or other form of authorization required by law or rule for an individual to engage in a particular occupation or profession; and (2) "Occupational or professional licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession. (b) An occupational or professional licensing entity shall grant an occupational or professional license under this section to an individual who fulfills the requirements to practice an occupation or profession in this state and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a "work permit". (c) This section is a state law within the meaning of subsection (d) of 8 U.S.C. § 1621 , as existing on January 1, 2021. Added by Act 2021, No. 746,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) "Occupational or professional license" means a license, certificate, registration, permit, or other form of authorization required by law or rule for an individual to engage in a particular occupation or profession; and (2) "Occupational or professional licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.

(1) "Occupational or professional license" means a license, certificate, registration, permit, or other form of authorization required by law or rule for an individual to engage in a particular occupation or profession; and

(2) "Occupational or professional licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.

(b) An occupational or professional licensing entity shall grant an occupational or professional license under this section to an individual who fulfills the requirements to practice an occupation or profession in this state and is a person who holds a Federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a "work permit".

(c) This section is a state law within the meaning of subsection (d) of 8 U.S.C. § 1621 , as existing on January 1, 2021.

Added by Act 2021, No. 746,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-102-201 — AR Code / Title 17 / Chapter 102 / Subchapter 2 / Section 17-102-201
Creation of board - Members - Appointment
Status: in_force

(a) (1) There is created the Arkansas State Board of Acupuncture and Related Techniques. The board shall consist of five (5) persons appointed by the Governor as full members and one (1) person appointed by the Governor as an ex officio member. (2) Three (3) full members of the board shall be qualified acupuncturists. (3) (A) Two (2) full members shall be appointed to represent the public and shall not have practiced acupuncture and related techniques in this or any other jurisdiction nor be retired from or have any financial interest in the occupation regulated. (B) The public members shall be subject to confirmation by the Senate. (C) The public members shall be full voting members but shall not participate in the grading of examinations. (4) (A) The ex officio member shall be a physician licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and shall be entitled to be notified of all board meetings and to participate in the deliberations of the board. (B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business. (5) (A) On a biennial basis beginning in October 2010, the board shall file a written report with the House Committee on Public Heath, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall contain a certified copy of the minutes of all board meetings as required by § 17-102-205 for the calendar years 2009 through October 2010 and thereafter covering the period of time since the last report. (C) The report shall contain a comprehensive assessment of the board's functionality, including without limitation staff and office site adequacy and any other information as may be requested by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor sufficient for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to make a recommendation to the Governor regarding whether the board should be continued or whether the board should be disbanded and abolished in accordance with a proclamation issued by the Governor. (b) (1) The initial full members of the board shall be appointed by the Governor for staggered terms as follows: (A) One (1) member's term shall expire after one (1) year; (B) One (1) member's term shall expire after two (2) years; and (C) One (1) member's term shall expire after three (3) years. (2) Of the two (2) additional members appointed pursuant to Acts 1999, No. 536, one (1) shall be appointed for a two-year term and the other for a three-year term. (3) The initial ex officio board member shall be appointed to a term of three (3) years. (4) Successors shall be appointed for three-year terms. (5) Vacancies shall be filled by appointment by the Governor for the unexpired term. (6) Board members shall serve until their successors have been appointed and qualified. (c) The Governor may remove any full member from the board for any reason that would justify the suspension or revocation of his or her license to practice acupuncture and related techniques. (d) A person who is or has been in the preceding two (2) years on the faculty of a school which is subject to review by the board may not serve on the board. Acts 1997, No. 816, § 7; 1999, No. 536, § 1; 2009, No. 1461, § 2.

(a) (1) There is created the Arkansas State Board of Acupuncture and Related Techniques. The board shall consist of five (5) persons appointed by the Governor as full members and one (1) person appointed by the Governor as an ex officio member. (2) Three (3) full members of the board shall be qualified acupuncturists. (3) (A) Two (2) full members shall be appointed to represent the public and shall not have practiced acupuncture and related techniques in this or any other jurisdiction nor be retired from or have any financial interest in the occupation regulated. (B) The public members shall be subject to confirmation by the Senate. (C) The public members shall be full voting members but shall not participate in the grading of examinations. (4) (A) The ex officio member shall be a physician licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and shall be entitled to be notified of all board meetings and to participate in the deliberations of the board. (B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business. (5) (A) On a biennial basis beginning in October 2010, the board shall file a written report with the House Committee on Public Heath, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall contain a certified copy of the minutes of all board meetings as required by § 17-102-205 for the calendar years 2009 through October 2010 and thereafter covering the period of time since the last report. (C) The report shall contain a comprehensive assessment of the board's functionality, including without limitation staff and office site adequacy and any other information as may be requested by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor sufficient for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to make a recommendation to the Governor regarding whether the board should be continued or whether the board should be disbanded and abolished in accordance with a proclamation issued by the Governor.

(1) There is created the Arkansas State Board of Acupuncture and Related Techniques. The board shall consist of five (5) persons appointed by the Governor as full members and one (1) person appointed by the Governor as an ex officio member.

(2) Three (3) full members of the board shall be qualified acupuncturists.

(3) (A) Two (2) full members shall be appointed to represent the public and shall not have practiced acupuncture and related techniques in this or any other jurisdiction nor be retired from or have any financial interest in the occupation regulated. (B) The public members shall be subject to confirmation by the Senate. (C) The public members shall be full voting members but shall not participate in the grading of examinations.

(A) Two (2) full members shall be appointed to represent the public and shall not have practiced acupuncture and related techniques in this or any other jurisdiction nor be retired from or have any financial interest in the occupation regulated.

(B) The public members shall be subject to confirmation by the Senate.

(C) The public members shall be full voting members but shall not participate in the grading of examinations.

(4) (A) The ex officio member shall be a physician licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and shall be entitled to be notified of all board meetings and to participate in the deliberations of the board. (B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business.

(A) The ex officio member shall be a physician licensed pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and shall be entitled to be notified of all board meetings and to participate in the deliberations of the board.

(B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business.

(5) (A) On a biennial basis beginning in October 2010, the board shall file a written report with the House Committee on Public Heath, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. (B) The report shall contain a certified copy of the minutes of all board meetings as required by § 17-102-205 for the calendar years 2009 through October 2010 and thereafter covering the period of time since the last report. (C) The report shall contain a comprehensive assessment of the board's functionality, including without limitation staff and office site adequacy and any other information as may be requested by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor sufficient for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to make a recommendation to the Governor regarding whether the board should be continued or whether the board should be disbanded and abolished in accordance with a proclamation issued by the Governor.

(A) On a biennial basis beginning in October 2010, the board shall file a written report with the House Committee on Public Heath, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

(B) The report shall contain a certified copy of the minutes of all board meetings as required by § 17-102-205 for the calendar years 2009 through October 2010 and thereafter covering the period of time since the last report.

(C) The report shall contain a comprehensive assessment of the board's functionality, including without limitation staff and office site adequacy and any other information as may be requested by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor sufficient for the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor to make a recommendation to the Governor regarding whether the board should be continued or whether the board should be disbanded and abolished in accordance with a proclamation issued by the Governor.

(b) (1) The initial full members of the board shall be appointed by the Governor for staggered terms as follows: (A) One (1) member's term shall expire after one (1) year; (B) One (1) member's term shall expire after two (2) years; and (C) One (1) member's term shall expire after three (3) years. (2) Of the two (2) additional members appointed pursuant to Acts 1999, No. 536, one (1) shall be appointed for a two-year term and the other for a three-year term. (3) The initial ex officio board member shall be appointed to a term of three (3) years. (4) Successors shall be appointed for three-year terms. (5) Vacancies shall be filled by appointment by the Governor for the unexpired term. (6) Board members shall serve until their successors have been appointed and qualified.

(1) The initial full members of the board shall be appointed by the Governor for staggered terms as follows: (A) One (1) member's term shall expire after one (1) year; (B) One (1) member's term shall expire after two (2) years; and (C) One (1) member's term shall expire after three (3) years.

(A) One (1) member's term shall expire after one (1) year;

(B) One (1) member's term shall expire after two (2) years; and

(C) One (1) member's term shall expire after three (3) years.

(2) Of the two (2) additional members appointed pursuant to Acts 1999, No. 536, one (1) shall be appointed for a two-year term and the other for a three-year term.

(3) The initial ex officio board member shall be appointed to a term of three (3) years.

(4) Successors shall be appointed for three-year terms.

(5) Vacancies shall be filled by appointment by the Governor for the unexpired term.

(6) Board members shall serve until their successors have been appointed and qualified.

(c) The Governor may remove any full member from the board for any reason that would justify the suspension or revocation of his or her license to practice acupuncture and related techniques.

(d) A person who is or has been in the preceding two (2) years on the faculty of a school which is subject to review by the board may not serve on the board.

Acts 1997, No. 816, § 7; 1999, No. 536, § 1; 2009, No. 1461, § 2.
Ark. Code Ann. § 17-92-903 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-903
Exemption from license and permit requirements
Status: in_force

(a) The licensure requirements of this subchapter and any retail pharmacy permit requirements that may apply to the distribution or provision of legend medical gases, medical equipment, legend devices, and medical supplies, except legend drugs, do not apply to the following unless the following have a separate company, corporation, division, or other business entity that is in the business of providing medical equipment for sale or rent to a patient at his or her home as covered by this subchapter: (1) Home health agencies; (2) Hospitals; (3) Manufacturers and wholesale distributors when not selling directly to the patient; (4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices; (5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients; (6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients; (7) Pharmacies; (8) Hospice programs; (9) Nursing homes; (10) Veterinarians; (11) Dentists; and (12) Emergency medical services. (b) Although excluded from a separate licensure requirement for medical equipment, pharmacies shall be subject to the same rules for the sale or rental of medical equipment covered by this subchapter. Amended by Act 2019, No. 315,§ 1598, eff. 7/24/2019. Acts 1995, No. 1101, § 5.

(a) The licensure requirements of this subchapter and any retail pharmacy permit requirements that may apply to the distribution or provision of legend medical gases, medical equipment, legend devices, and medical supplies, except legend drugs, do not apply to the following unless the following have a separate company, corporation, division, or other business entity that is in the business of providing medical equipment for sale or rent to a patient at his or her home as covered by this subchapter: (1) Home health agencies; (2) Hospitals; (3) Manufacturers and wholesale distributors when not selling directly to the patient; (4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices; (5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients; (6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients; (7) Pharmacies; (8) Hospice programs; (9) Nursing homes; (10) Veterinarians; (11) Dentists; and (12) Emergency medical services.

(1) Home health agencies;

(2) Hospitals;

(3) Manufacturers and wholesale distributors when not selling directly to the patient;

(4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices;

(5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients;

(6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients;

(7) Pharmacies;

(8) Hospice programs;

(9) Nursing homes;

(10) Veterinarians;

(11) Dentists; and

(12) Emergency medical services.

(b) Although excluded from a separate licensure requirement for medical equipment, pharmacies shall be subject to the same rules for the sale or rental of medical equipment covered by this subchapter.

Amended by Act 2019, No. 315,§ 1598, eff. 7/24/2019.

Acts 1995, No. 1101, § 5.
Ark. Code Ann. § 17-39-307 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-307
Rules
Status: in_force

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter. Amended by Act 2019, No. 910,§ 5954, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 32, eff. 9/1/2015. Amended by Act 2013, No. 1472,§ 5, eff. 8/16/2013. Acts 1987, No. 858, § 5.

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter.

Amended by Act 2019, No. 910,§ 5954, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 32, eff. 9/1/2015.

Amended by Act 2013, No. 1472,§ 5, eff. 8/16/2013.

Acts 1987, No. 858, § 5.
Ark. Code Ann. § 17-49-205 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-205
Enforcement
Status: in_force

It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter. Acts 1941, No. 138, § 18; A.S.A. 1947, § 84-2416.

It shall be the duty of the Department of Finance and Administration or its authorized agents, the Department of Arkansas State Police, and all peace officers to enforce this subchapter.

Acts 1941, No. 138, § 18; A.S.A. 1947, § 84-2416.
Ark. Code Ann. § 17-86-305 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-305
Massage therapy instructor
Status: in_force

(a) A person who holds a license as a master massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has successfully completed and meets the requirements stated in § 17-86-102 shall be entitled to be upgraded to massage therapy instructor. (b) Each application for upgrade to massage therapy instructor is considered a new application for purposes of criminal background checks. (c) Fees are as follows: (1) Application fee ............... $75.00 Nonrefundable (2) Original license fee ............... 80.00 (3) Biennial renewal fee ............... 80.00 (4) Duplicate license fee ............... 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00). Amended by Act 2015, No. 1020,§ 16, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 12, eff. 8/16/2013. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 8; 1997, No. 840, § 11; 1999, No. 1461, § 13; 2009, No. 1305, § 7.

(a) A person who holds a license as a master massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has successfully completed and meets the requirements stated in § 17-86-102 shall be entitled to be upgraded to massage therapy instructor.

(b) Each application for upgrade to massage therapy instructor is considered a new application for purposes of criminal background checks.

(c) Fees are as follows: (1) Application fee ............... $75.00 Nonrefundable (2) Original license fee ............... 80.00 (3) Biennial renewal fee ............... 80.00 (4) Duplicate license fee ............... 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00).

(1) Application fee ............... $75.00 Nonrefundable

(2) Original license fee ............... 80.00

(3) Biennial renewal fee ............... 80.00

(4) Duplicate license fee ............... 10.00

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

Amended by Act 2015, No. 1020,§ 16, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 12, eff. 8/16/2013.

Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 8; 1997, No. 840, § 11; 1999, No. 1461, § 13; 2009, No. 1305, § 7.
Ark. Code Ann. § 17-82-205 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-205
Meetings - Officers
Status: in_force

(a) (1) The Arkansas State Board of Dental Examiners shall hold at least one (1) regular annual meeting between May 15 and July 15 of each year. (2) The specific date is to be determined by the board. (b) (1) At the annual meeting, the board shall elect a president, a vice president, and a secretary-treasurer. (2) The terms of these officers shall be for one (1) year and until their successors are elected and assume the duties of their office. (3) All officers of the board shall assume the duties of their office on September 1 of the year of their election. (4) The Secretary-treasurer of the Arkansas State Board of Dental Examiners shall execute to the board a bond satisfactory to the board to secure the faithful performance of his or her duties and proper accountability for all funds of the board coming into his or her possession or control. (c) Special meetings of the board may be called by the President of the Arkansas State Board of Dental Examiners at any time, upon giving five (5) days' written notice to the members, unless written notice is waived by the members. (d) A majority of the board constitutes a quorum for the transaction of all business coming before it. (e) All proceedings of the board shall be recorded in a permanently bound minute book. Acts 1955, No. 14, § 6; A.S.A. 1947, § 72-539.

(a) (1) The Arkansas State Board of Dental Examiners shall hold at least one (1) regular annual meeting between May 15 and July 15 of each year. (2) The specific date is to be determined by the board.

(1) The Arkansas State Board of Dental Examiners shall hold at least one (1) regular annual meeting between May 15 and July 15 of each year.

(2) The specific date is to be determined by the board.

(b) (1) At the annual meeting, the board shall elect a president, a vice president, and a secretary-treasurer. (2) The terms of these officers shall be for one (1) year and until their successors are elected and assume the duties of their office. (3) All officers of the board shall assume the duties of their office on September 1 of the year of their election. (4) The Secretary-treasurer of the Arkansas State Board of Dental Examiners shall execute to the board a bond satisfactory to the board to secure the faithful performance of his or her duties and proper accountability for all funds of the board coming into his or her possession or control.

(1) At the annual meeting, the board shall elect a president, a vice president, and a secretary-treasurer.

(2) The terms of these officers shall be for one (1) year and until their successors are elected and assume the duties of their office.

(3) All officers of the board shall assume the duties of their office on September 1 of the year of their election.

(4) The Secretary-treasurer of the Arkansas State Board of Dental Examiners shall execute to the board a bond satisfactory to the board to secure the faithful performance of his or her duties and proper accountability for all funds of the board coming into his or her possession or control.

(c) Special meetings of the board may be called by the President of the Arkansas State Board of Dental Examiners at any time, upon giving five (5) days' written notice to the members, unless written notice is waived by the members.

(d) A majority of the board constitutes a quorum for the transaction of all business coming before it.

(e) All proceedings of the board shall be recorded in a permanently bound minute book.

Acts 1955, No. 14, § 6; A.S.A. 1947, § 72-539.
Ark. Code Ann. § 17-30-201 — AR Code / Title 17 / Chapter 30 / Subchapter 2 / Section 17-30-201
Creation - Members
Status: in_force

(a) There is created a State Board of Licensure for Professional Engineers and Professional Surveyors, consisting of nine (9) members to be appointed by the Governor. (b) (1) Each member of the board shall be a citizen of the United States, at least thirty-five (35) years of age, and shall have been a resident of this state for at least three (3) years immediately preceding his or her appointment. (2) Five (5) members shall be professional engineers of at least ten (10) years' active experience, of good standing in their profession, and licensed as professional engineers at the time of their appointments. (3) One (1) member shall be a professional engineer and a professional surveyor of at least ten (10) years' active experience in both, of good standing in both professions, and licensed as both a professional engineer and a professional surveyor at the time of his or her appointment. (4) One (1) member shall be a professional surveyor of at least ten (10) years' active experience, of good standing in his or her profession, and licensed as a professional surveyor at the time of his or her appointment. (5) (A) Two (2) members of the board shall: (i) Not be actively engaged as or retired as professional engineers or professional surveyors; (ii) Be appointed from the state at large, subject to confirmation by the Senate; and (iii) Be full voting members but shall not participate in the grading of examinations. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) The two (2) positions may not be held by the same person. (c) The term of office for each member appointed shall be four (4) years. (d) Each member shall hold office until his or her successor is appointed and qualified. (e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. (f) Vacancies on the board, however created, shall be filled by the Governor for the unexpired term. (g) Each member of the board shall serve without compensation, except that the board member may receive expense reimbursement under § 25-16-901 et seq. Acts 1925, No. 202, § 3; Pope's Dig., § 12158; Acts 1969, No. 130, §§ 1, 2, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-1003 -- 71-1003.3; Acts 1993, No. 1041, § 2; 1997, No. 250, § 138; 2005, No. 1178, § 6; 2009, No. 444, § 3.

(a) There is created a State Board of Licensure for Professional Engineers and Professional Surveyors, consisting of nine (9) members to be appointed by the Governor.

(b) (1) Each member of the board shall be a citizen of the United States, at least thirty-five (35) years of age, and shall have been a resident of this state for at least three (3) years immediately preceding his or her appointment. (2) Five (5) members shall be professional engineers of at least ten (10) years' active experience, of good standing in their profession, and licensed as professional engineers at the time of their appointments. (3) One (1) member shall be a professional engineer and a professional surveyor of at least ten (10) years' active experience in both, of good standing in both professions, and licensed as both a professional engineer and a professional surveyor at the time of his or her appointment. (4) One (1) member shall be a professional surveyor of at least ten (10) years' active experience, of good standing in his or her profession, and licensed as a professional surveyor at the time of his or her appointment. (5) (A) Two (2) members of the board shall: (i) Not be actively engaged as or retired as professional engineers or professional surveyors; (ii) Be appointed from the state at large, subject to confirmation by the Senate; and (iii) Be full voting members but shall not participate in the grading of examinations. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) The two (2) positions may not be held by the same person.

(1) Each member of the board shall be a citizen of the United States, at least thirty-five (35) years of age, and shall have been a resident of this state for at least three (3) years immediately preceding his or her appointment.

(2) Five (5) members shall be professional engineers of at least ten (10) years' active experience, of good standing in their profession, and licensed as professional engineers at the time of their appointments.

(3) One (1) member shall be a professional engineer and a professional surveyor of at least ten (10) years' active experience in both, of good standing in both professions, and licensed as both a professional engineer and a professional surveyor at the time of his or her appointment.

(4) One (1) member shall be a professional surveyor of at least ten (10) years' active experience, of good standing in his or her profession, and licensed as a professional surveyor at the time of his or her appointment.

(5) (A) Two (2) members of the board shall: (i) Not be actively engaged as or retired as professional engineers or professional surveyors; (ii) Be appointed from the state at large, subject to confirmation by the Senate; and (iii) Be full voting members but shall not participate in the grading of examinations. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) The two (2) positions may not be held by the same person.

(A) Two (2) members of the board shall: (i) Not be actively engaged as or retired as professional engineers or professional surveyors; (ii) Be appointed from the state at large, subject to confirmation by the Senate; and (iii) Be full voting members but shall not participate in the grading of examinations.

(i) Not be actively engaged as or retired as professional engineers or professional surveyors;

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

(iii) Be full voting members but shall not participate in the grading of examinations.

(B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly.

(C) The two (2) positions may not be held by the same person.

(c) The term of office for each member appointed shall be four (4) years.

(d) Each member shall hold office until his or her successor is appointed and qualified.

(e) The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty.

(f) Vacancies on the board, however created, shall be filled by the Governor for the unexpired term.

(g) Each member of the board shall serve without compensation, except that the board member may receive expense reimbursement under § 25-16-901 et seq.

Acts 1925, No. 202, § 3; Pope's Dig., § 12158; Acts 1969, No. 130, §§ 1, 2, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-1003 -- 71-1003.3; Acts 1993, No. 1041, § 2; 1997, No. 250, § 138; 2005, No. 1178, § 6; 2009, No. 444, § 3.
Ark. Code Ann. § 17-52-302 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-302
Purpose and intent
Status: in_force

(a) It is the intent of the General Assembly in enacting this subchapter: (1) To assure that consumers of home inspection services can rely upon the competence of home inspectors as determined by educational and testing requirements; (2) That in ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, the court shall consider the standards of practice and code of ethics that are in force at the time the inspection in question was conducted; and (3) That this subchapter apply to and govern all persons who practice home inspection in Arkansas whether they are registered under its provisions or not. (b) The purpose of the State Board of Appraisers, Abstracters, and Home Inspectors created under this subchapter shall be to: (1) Administer and enforce the provisions of this subchapter; (2) Promote a business atmosphere that will protect consumers of home inspection services; (3) Oversee an ongoing program to develop high-level skills in home inspectors; and (4) Encourage the presence of a viable home inspection industry in Arkansas. Amended by Act 2023, No. 628,§ 48, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) It is the intent of the General Assembly in enacting this subchapter: (1) To assure that consumers of home inspection services can rely upon the competence of home inspectors as determined by educational and testing requirements; (2) That in ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, the court shall consider the standards of practice and code of ethics that are in force at the time the inspection in question was conducted; and (3) That this subchapter apply to and govern all persons who practice home inspection in Arkansas whether they are registered under its provisions or not.

(1) To assure that consumers of home inspection services can rely upon the competence of home inspectors as determined by educational and testing requirements;

(2) That in ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, the court shall consider the standards of practice and code of ethics that are in force at the time the inspection in question was conducted; and

(3) That this subchapter apply to and govern all persons who practice home inspection in Arkansas whether they are registered under its provisions or not.

(b) The purpose of the State Board of Appraisers, Abstracters, and Home Inspectors created under this subchapter shall be to: (1) Administer and enforce the provisions of this subchapter; (2) Promote a business atmosphere that will protect consumers of home inspection services; (3) Oversee an ongoing program to develop high-level skills in home inspectors; and (4) Encourage the presence of a viable home inspection industry in Arkansas.

(1) Administer and enforce the provisions of this subchapter;

(2) Promote a business atmosphere that will protect consumers of home inspection services;

(3) Oversee an ongoing program to develop high-level skills in home inspectors; and

(4) Encourage the presence of a viable home inspection industry in Arkansas.

Amended by Act 2023, No. 628,§ 48, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-81-312 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-312
Renewal - Education requirement
Status: in_force

(a) The Arkansas State Board of Chiropractic Examiners shall not renew the license of any person actively engaged in practice within the State of Arkansas unless the person presents to the board evidence of attendance during the preceding twelve (12) months at: (1) An approved educational session or sessions of not less than twenty-four (24) hours' duration conducted by an approved chiropractic institution of learning or by some association approved by the board for the teaching of chiropractic philosophy and scientific courses pertaining to the profession; or (2) An educational course conducted by the board. (b) (1) The board may waive the requirement upon being presented a certificate from the doctor in charge that the license holder was physically unable on account of sickness or injury, or upon a showing that the license holder was in military service, when the course was conducted within this state during the preceding twelve (12) months. (2) The board may waive the requirement for any other valid reason. (3) Any person who is initially licensed in January shall be required to complete twenty-four (24) hours of continuing education by December 31 of that year, and each year thereafter comply with subdivision (a)(1) of this section. (4) Any person who is initially licensed in July shall submit a certificate of attendance of a minimum of twelve (12) hours of continuing education program approval by the board. Each year thereafter the doctor shall submit a certificate of attendance of completion of twenty-four (24) hours of continuing education seminars by December 31 of each year. (c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license. Acts 1971, No. 706, § 11; 1981, No. 51, § 4; A.S.A. 1947, § 72-425; Acts 1993, No. 392, § 6; 1995, No. 618, § 1; 1999, No. 1553, § 14.

(a) The Arkansas State Board of Chiropractic Examiners shall not renew the license of any person actively engaged in practice within the State of Arkansas unless the person presents to the board evidence of attendance during the preceding twelve (12) months at: (1) An approved educational session or sessions of not less than twenty-four (24) hours' duration conducted by an approved chiropractic institution of learning or by some association approved by the board for the teaching of chiropractic philosophy and scientific courses pertaining to the profession; or (2) An educational course conducted by the board.

(1) An approved educational session or sessions of not less than twenty-four (24) hours' duration conducted by an approved chiropractic institution of learning or by some association approved by the board for the teaching of chiropractic philosophy and scientific courses pertaining to the profession; or

(2) An educational course conducted by the board.

(b) (1) The board may waive the requirement upon being presented a certificate from the doctor in charge that the license holder was physically unable on account of sickness or injury, or upon a showing that the license holder was in military service, when the course was conducted within this state during the preceding twelve (12) months. (2) The board may waive the requirement for any other valid reason. (3) Any person who is initially licensed in January shall be required to complete twenty-four (24) hours of continuing education by December 31 of that year, and each year thereafter comply with subdivision (a)(1) of this section. (4) Any person who is initially licensed in July shall submit a certificate of attendance of a minimum of twelve (12) hours of continuing education program approval by the board. Each year thereafter the doctor shall submit a certificate of attendance of completion of twenty-four (24) hours of continuing education seminars by December 31 of each year.

(1) The board may waive the requirement upon being presented a certificate from the doctor in charge that the license holder was physically unable on account of sickness or injury, or upon a showing that the license holder was in military service, when the course was conducted within this state during the preceding twelve (12) months.

(2) The board may waive the requirement for any other valid reason.

(3) Any person who is initially licensed in January shall be required to complete twenty-four (24) hours of continuing education by December 31 of that year, and each year thereafter comply with subdivision (a)(1) of this section.

(4) Any person who is initially licensed in July shall submit a certificate of attendance of a minimum of twelve (12) hours of continuing education program approval by the board. Each year thereafter the doctor shall submit a certificate of attendance of completion of twenty-four (24) hours of continuing education seminars by December 31 of each year.

(c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license.

Acts 1971, No. 706, § 11; 1981, No. 51, § 4; A.S.A. 1947, § 72-425; Acts 1993, No. 392, § 6; 1995, No. 618, § 1; 1999, No. 1553, § 14.
Ark. Code Ann. § 17-96-302 — AR Code / Title 17 / Chapter 96 / Subchapter 3 / Section 17-96-302
Application
Status: in_force

(a) All persons who may wish to practice podiatric medicine in this state shall make application, upon a form authorized by the Arkansas Board of Podiatric Medicine and furnished by it, to the Secretary-treasurer of the Arkansas Board of Podiatric Medicine for a license, to be subscribed to by the applicant. (b) The applicant shall file with the secretary-treasurer at least two (2) months before an examination an approved application, on a form furnished by the board covering the applicant's personal history and preliminary and professional education and such other evidence of qualification as the board may require. (c) All applicants for examination who shall furnish the board with proper proof of their education and qualifications, upon payment of a fee to be established by the board in an amount not to exceed two hundred dollars ($200), shall be examined and, if found qualified, shall be registered and receive in testimony thereof a certificate signed by the members of the board. Acts 1923, No. 610, §§ 4, 5; 1937, No. 187, §§ 1, 2; Pope's Dig., §§ 12113, 12114; Acts 1973, No. 31, §§ 2, 3; 1983, No. 429, §§ 4, 5; A.S.A. 1947, §§ 72-304, 72-305; Acts 1997, No. 966, § 7.

(a) All persons who may wish to practice podiatric medicine in this state shall make application, upon a form authorized by the Arkansas Board of Podiatric Medicine and furnished by it, to the Secretary-treasurer of the Arkansas Board of Podiatric Medicine for a license, to be subscribed to by the applicant.

(b) The applicant shall file with the secretary-treasurer at least two (2) months before an examination an approved application, on a form furnished by the board covering the applicant's personal history and preliminary and professional education and such other evidence of qualification as the board may require.

(c) All applicants for examination who shall furnish the board with proper proof of their education and qualifications, upon payment of a fee to be established by the board in an amount not to exceed two hundred dollars ($200), shall be examined and, if found qualified, shall be registered and receive in testimony thereof a certificate signed by the members of the board.

Acts 1923, No. 610, §§ 4, 5; 1937, No. 187, §§ 1, 2; Pope's Dig., §§ 12113, 12114; Acts 1973, No. 31, §§ 2, 3; 1983, No. 429, §§ 4, 5; A.S.A. 1947, §§ 72-304, 72-305; Acts 1997, No. 966, § 7.
Ark. Code Ann. § 17-82-313 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-313
Renewal - Nonresidents
Status: in_force

(a) (1) A dentist or dental hygienist who has been licensed and who becomes a nonresident of the State of Arkansas may continue in effect his or her license to practice in the State of Arkansas by paying the renewal fee required of resident dentists and dental hygienists. (2) Before resuming the practice of his or her profession in the State of Arkansas, the dentist or dental hygienist shall: (A) First furnish satisfactory proof to the Arkansas State Board of Dental Examiners that he or she has continuously practiced dentistry or dental hygiene since leaving the State of Arkansas and has at all times conducted himself or herself in an ethical and proper fashion; and (B) Pass such examinations and provide such evidence and information as the board may require as delineated in its rules. (3) Upon the furnishing of such proof to the board, the board shall cause to be issued to the applicant the authority to resume his or her practice in the State of Arkansas. (b) A dentist or dental hygienist who has been licensed and who becomes a nonresident of the State of Arkansas and who fails to pay the registration fee required of resident dentists or dental hygienists as permitted by this section shall be entitled to resume practice in the State of Arkansas by complying with the requirements of § 17-82-312 . Amended by Act 2019, No. 315,§ 1517, eff. 7/24/2019. Acts 1955, No. 14, § 22; A.S.A. 1947, § 72-555; Acts 1999, No. 581, §§ 1, 2; 2001, No. 439, § 8; 2003, No. 377, § 7.

(a) (1) A dentist or dental hygienist who has been licensed and who becomes a nonresident of the State of Arkansas may continue in effect his or her license to practice in the State of Arkansas by paying the renewal fee required of resident dentists and dental hygienists. (2) Before resuming the practice of his or her profession in the State of Arkansas, the dentist or dental hygienist shall: (A) First furnish satisfactory proof to the Arkansas State Board of Dental Examiners that he or she has continuously practiced dentistry or dental hygiene since leaving the State of Arkansas and has at all times conducted himself or herself in an ethical and proper fashion; and (B) Pass such examinations and provide such evidence and information as the board may require as delineated in its rules. (3) Upon the furnishing of such proof to the board, the board shall cause to be issued to the applicant the authority to resume his or her practice in the State of Arkansas.

(1) A dentist or dental hygienist who has been licensed and who becomes a nonresident of the State of Arkansas may continue in effect his or her license to practice in the State of Arkansas by paying the renewal fee required of resident dentists and dental hygienists.

(2) Before resuming the practice of his or her profession in the State of Arkansas, the dentist or dental hygienist shall: (A) First furnish satisfactory proof to the Arkansas State Board of Dental Examiners that he or she has continuously practiced dentistry or dental hygiene since leaving the State of Arkansas and has at all times conducted himself or herself in an ethical and proper fashion; and (B) Pass such examinations and provide such evidence and information as the board may require as delineated in its rules.

(A) First furnish satisfactory proof to the Arkansas State Board of Dental Examiners that he or she has continuously practiced dentistry or dental hygiene since leaving the State of Arkansas and has at all times conducted himself or herself in an ethical and proper fashion; and

(B) Pass such examinations and provide such evidence and information as the board may require as delineated in its rules.

(3) Upon the furnishing of such proof to the board, the board shall cause to be issued to the applicant the authority to resume his or her practice in the State of Arkansas.

(b) A dentist or dental hygienist who has been licensed and who becomes a nonresident of the State of Arkansas and who fails to pay the registration fee required of resident dentists or dental hygienists as permitted by this section shall be entitled to resume practice in the State of Arkansas by complying with the requirements of § 17-82-312 .

Amended by Act 2019, No. 315,§ 1517, eff. 7/24/2019.

Acts 1955, No. 14, § 22; A.S.A. 1947, § 72-555; Acts 1999, No. 581, §§ 1, 2; 2001, No. 439, § 8; 2003, No. 377, § 7.
Ark. Code Ann. § 17-17-204 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-204
Director - Disposition of funds
Status: in_force

(a) All fees, charges, and penalties collected by the Auctioneer's Licensing Board under the provisions of this chapter shall be paid to the Director of the Auctioneer's Licensing Board, who shall be the custodian of all funds and shall deposit them into the State Treasury. (b) (1) The director shall manage and pay funds of the board subject to oversight by the Finance Division of the Department of Labor and Licensing. (2) The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, penalties, and other funds paid to the board under the provisions of this chapter. (c) The director shall make semiannual financial reports in detail to the board not later than January 30 and July 30 of each year, which will be kept on permanent file by the board. Amended by Act 2023, No. 677,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5409, eff. 7/1/2019. Acts 1989, No. 266, § 6; 1999, No. 1333, §§ 5, 6.

(a) All fees, charges, and penalties collected by the Auctioneer's Licensing Board under the provisions of this chapter shall be paid to the Director of the Auctioneer's Licensing Board, who shall be the custodian of all funds and shall deposit them into the State Treasury.

(b) (1) The director shall manage and pay funds of the board subject to oversight by the Finance Division of the Department of Labor and Licensing. (2) The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, penalties, and other funds paid to the board under the provisions of this chapter.

(1) The director shall manage and pay funds of the board subject to oversight by the Finance Division of the Department of Labor and Licensing.

(2) The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, penalties, and other funds paid to the board under the provisions of this chapter.

(c) The director shall make semiannual financial reports in detail to the board not later than January 30 and July 30 of each year, which will be kept on permanent file by the board.

Amended by Act 2023, No. 677,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5409, eff. 7/1/2019.

Acts 1989, No. 266, § 6; 1999, No. 1333, §§ 5, 6.
Ark. Code Ann. § 17-80-404 — AR Code / Title 17 / Chapter 80 / Subchapter 4 / Section 17-80-404
Appropriate use of telemedicine
Status: in_force

(a) (1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine. (2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, including interactive audio, if the healthcare services are within the scope of practice for which the healthcare professional is licensed or certified and the healthcare services otherwise meet the requirements of this subchapter. (3) A licensing or certification board shall not permit the use of telemedicine in a manner that is less restrictive than the use of telemedicine authorized by the Arkansas State Medical Board. (b) (1) Regardless of whether the healthcare professional is compensated for the healthcare services, if a healthcare professional seeks to provide healthcare services to a minor through telemedicine in a school setting and the minor is enrolled in the Arkansas Medicaid Program, the healthcare professional shall: (A) Be the designated primary care provider of the minor; (B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or (C) Have authorization from the designated primary care provider of the minor. (2) If the minor does not have a designated primary care provider, subdivision (b)(1) of this section does not apply. (3) If a minor is enrolled in a health benefit plan as defined in § 23-79-1601 that is not part of the Arkansas Medicaid Program, the terms and conditions of the health benefit plan shall control. (4) The designation of a primary care provider for a minor remains the right of a parent or legal guardian in accordance with § 20-9-601 et seq. (c) Healthcare services provided by telemedicine, including without limitation a prescription through telemedicine, shall be held to the same standard of care as healthcare services provided in person. (d) (1) A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board. (2) The requirement in subdivision (d)(1) of this section does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services. (e) A healthcare professional shall follow applicable state and federal law, rules, and regulations for: (1) Informed consent; (2) Privacy of individually identifiable health information; (3) Medical recordkeeping and confidentiality; and (4) Fraud and abuse. (f) (1) A healthcare professional may use telemedicine to perform group meetings for healthcare services, including group therapy. (2) Telemedicine for group therapy provided to adults who are participants in a program or plan authorized and funded under 42 U.S.C. § 1396a , as approved by the United States Secretary of Health and Human Services, may only be permitted if the Centers for Medicare & Medicaid Services allows telemedicine for group therapy provided to adults. (3) Telemedicine shall not be used for group therapy provided to a child who is eighteen (18) years of age or younger. Amended by Act 2021, No. 767,§ 2, eff. 7/28/2021. Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.

(a) (1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine. (2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, including interactive audio, if the healthcare services are within the scope of practice for which the healthcare professional is licensed or certified and the healthcare services otherwise meet the requirements of this subchapter. (3) A licensing or certification board shall not permit the use of telemedicine in a manner that is less restrictive than the use of telemedicine authorized by the Arkansas State Medical Board.

(1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine.

(2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, including interactive audio, if the healthcare services are within the scope of practice for which the healthcare professional is licensed or certified and the healthcare services otherwise meet the requirements of this subchapter.

(3) A licensing or certification board shall not permit the use of telemedicine in a manner that is less restrictive than the use of telemedicine authorized by the Arkansas State Medical Board.

(b) (1) Regardless of whether the healthcare professional is compensated for the healthcare services, if a healthcare professional seeks to provide healthcare services to a minor through telemedicine in a school setting and the minor is enrolled in the Arkansas Medicaid Program, the healthcare professional shall: (A) Be the designated primary care provider of the minor; (B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or (C) Have authorization from the designated primary care provider of the minor. (2) If the minor does not have a designated primary care provider, subdivision (b)(1) of this section does not apply. (3) If a minor is enrolled in a health benefit plan as defined in § 23-79-1601 that is not part of the Arkansas Medicaid Program, the terms and conditions of the health benefit plan shall control. (4) The designation of a primary care provider for a minor remains the right of a parent or legal guardian in accordance with § 20-9-601 et seq.

(1) Regardless of whether the healthcare professional is compensated for the healthcare services, if a healthcare professional seeks to provide healthcare services to a minor through telemedicine in a school setting and the minor is enrolled in the Arkansas Medicaid Program, the healthcare professional shall: (A) Be the designated primary care provider of the minor; (B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or (C) Have authorization from the designated primary care provider of the minor.

(A) Be the designated primary care provider of the minor;

(B) Have a cross-coverage arrangement with the designated primary care provider of the minor; or

(C) Have authorization from the designated primary care provider of the minor.

(2) If the minor does not have a designated primary care provider, subdivision (b)(1) of this section does not apply.

(3) If a minor is enrolled in a health benefit plan as defined in § 23-79-1601 that is not part of the Arkansas Medicaid Program, the terms and conditions of the health benefit plan shall control.

(4) The designation of a primary care provider for a minor remains the right of a parent or legal guardian in accordance with § 20-9-601 et seq.

(c) Healthcare services provided by telemedicine, including without limitation a prescription through telemedicine, shall be held to the same standard of care as healthcare services provided in person.

(d) (1) A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board. (2) The requirement in subdivision (d)(1) of this section does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services.

(1) A healthcare professional who is treating patients in Arkansas through telemedicine shall be fully licensed or certified to practice in Arkansas and is subject to the rules of the appropriate state licensing or certification board.

(2) The requirement in subdivision (d)(1) of this section does not apply to the acts of a healthcare professional located in another jurisdiction who provides only episodic consultation services.

(e) A healthcare professional shall follow applicable state and federal law, rules, and regulations for: (1) Informed consent; (2) Privacy of individually identifiable health information; (3) Medical recordkeeping and confidentiality; and (4) Fraud and abuse.

(1) Informed consent;

(2) Privacy of individually identifiable health information;

(3) Medical recordkeeping and confidentiality; and

(4) Fraud and abuse.

(f) (1) A healthcare professional may use telemedicine to perform group meetings for healthcare services, including group therapy. (2) Telemedicine for group therapy provided to adults who are participants in a program or plan authorized and funded under 42 U.S.C. § 1396a , as approved by the United States Secretary of Health and Human Services, may only be permitted if the Centers for Medicare & Medicaid Services allows telemedicine for group therapy provided to adults. (3) Telemedicine shall not be used for group therapy provided to a child who is eighteen (18) years of age or younger.

(1) A healthcare professional may use telemedicine to perform group meetings for healthcare services, including group therapy.

(2) Telemedicine for group therapy provided to adults who are participants in a program or plan authorized and funded under 42 U.S.C. § 1396a , as approved by the United States Secretary of Health and Human Services, may only be permitted if the Centers for Medicare & Medicaid Services allows telemedicine for group therapy provided to adults.

(3) Telemedicine shall not be used for group therapy provided to a child who is eighteen (18) years of age or younger.

Amended by Act 2021, No. 767,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 17-26-404 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-404
Licensing requirements - Expiration - Renewal
Status: in_force

(a) Licensing for cosmetological establishments and schools of cosmetology expires pursuant to § 17-26-319(b) . (b) An application for renewal of a license shall be filed with the Department of Health, accompanied by the required renewal fee. (c) Thereupon, the department shall renew the license for the appropriate time period. (d) A license that has expired for failure of the registrant to renew within the time fixed by this section may for a period of one (1) year thereafter be renewed upon the filing of an application in such form as the department may require and upon payment of the required renewal fee and the delinquency fee. (e) After one (1) year from the date of its expiration, a certificate may not be renewed, and the establishment or school may again become entitled to a license only upon compliance with all of the provisions of this chapter relating to the original issuance of a license. Acts 1955, No. 358, Art. 12, § 3; 1965, No. 403, § 10; A.S.A. 1947, § 71-877; Acts 2007, No. 223, § 35; 2009, No. 4, § 16.

(a) Licensing for cosmetological establishments and schools of cosmetology expires pursuant to § 17-26-319(b) .

(b) An application for renewal of a license shall be filed with the Department of Health, accompanied by the required renewal fee.

(c) Thereupon, the department shall renew the license for the appropriate time period.

(d) A license that has expired for failure of the registrant to renew within the time fixed by this section may for a period of one (1) year thereafter be renewed upon the filing of an application in such form as the department may require and upon payment of the required renewal fee and the delinquency fee.

(e) After one (1) year from the date of its expiration, a certificate may not be renewed, and the establishment or school may again become entitled to a license only upon compliance with all of the provisions of this chapter relating to the original issuance of a license.

Acts 1955, No. 358, Art. 12, § 3; 1965, No. 403, § 10; A.S.A. 1947, § 71-877; Acts 2007, No. 223, § 35; 2009, No. 4, § 16.
Ark. Code Ann. § 17-30-302 — AR Code / Title 17 / Chapter 30 / Subchapter 3 / Section 17-30-302
Applicant qualifications - Examination
Status: in_force

(a) Except as provided hereafter, each applicant for licensure shall submit to an examination by the State Board of Licensure for Professional Engineers and Professional Surveyors and, if found to be qualified, shall be registered, depending on his or her education and experience, either as: (1) A professional engineer; or (2) An engineer-intern. (b) (1) (A) A person may apply to be licensed as an engineer if he or she is a graduate of an Accreditation Board for Engineering and Technology, Inc., approved engineering curriculum, or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors and has had four (4) years' experience in engineering work of a type satisfactory to the State Board of Licensure for Professional Engineers and Professional Surveyors. (B) In its discretion, the State Board of Licensure for Professional Engineers and Professional Surveyors may consider satisfactory graduate study in engineering equal to one (1) year's experience. (2) This subsection shall be effective July 1, 2001. (c) (1) A person may apply to be registered as an engineer-intern if he or she is a graduate of an approved Accreditation Board for Engineering and Technology, Inc., or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, engineering curriculum of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors. (2) This subsection shall be effective July 1, 1997. (d) The State Board of Licensure for Professional Engineers and Professional Surveyors in its discretion may waive examination of a person applying to be licensed as an engineer or an engineer-intern if he or she is licensed either as an engineer or an engineer-in-training or an engineer-intern by the licensing authority of any state or territory or possession of the United States or of any foreign country if his or her qualifications at the time he or she was licensed are not less than those provided in this chapter. Acts 1953, No. 214, § 5; A.S.A. 1947, § 71-1022; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4.

(a) Except as provided hereafter, each applicant for licensure shall submit to an examination by the State Board of Licensure for Professional Engineers and Professional Surveyors and, if found to be qualified, shall be registered, depending on his or her education and experience, either as: (1) A professional engineer; or (2) An engineer-intern.

(1) A professional engineer; or

(2) An engineer-intern.

(b) (1) (A) A person may apply to be licensed as an engineer if he or she is a graduate of an Accreditation Board for Engineering and Technology, Inc., approved engineering curriculum, or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors and has had four (4) years' experience in engineering work of a type satisfactory to the State Board of Licensure for Professional Engineers and Professional Surveyors. (B) In its discretion, the State Board of Licensure for Professional Engineers and Professional Surveyors may consider satisfactory graduate study in engineering equal to one (1) year's experience. (2) This subsection shall be effective July 1, 2001.

(1) (A) A person may apply to be licensed as an engineer if he or she is a graduate of an Accreditation Board for Engineering and Technology, Inc., approved engineering curriculum, or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors and has had four (4) years' experience in engineering work of a type satisfactory to the State Board of Licensure for Professional Engineers and Professional Surveyors. (B) In its discretion, the State Board of Licensure for Professional Engineers and Professional Surveyors may consider satisfactory graduate study in engineering equal to one (1) year's experience.

(A) A person may apply to be licensed as an engineer if he or she is a graduate of an Accreditation Board for Engineering and Technology, Inc., approved engineering curriculum, or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors and has had four (4) years' experience in engineering work of a type satisfactory to the State Board of Licensure for Professional Engineers and Professional Surveyors.

(B) In its discretion, the State Board of Licensure for Professional Engineers and Professional Surveyors may consider satisfactory graduate study in engineering equal to one (1) year's experience.

(2) This subsection shall be effective July 1, 2001.

(c) (1) A person may apply to be registered as an engineer-intern if he or she is a graduate of an approved Accreditation Board for Engineering and Technology, Inc., or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, engineering curriculum of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors. (2) This subsection shall be effective July 1, 1997.

(1) A person may apply to be registered as an engineer-intern if he or she is a graduate of an approved Accreditation Board for Engineering and Technology, Inc., or its equivalent as approved by the State Board of Licensure for Professional Engineers and Professional Surveyors, engineering curriculum of four (4) years from a school or college approved by the State Board of Licensure for Professional Engineers and Professional Surveyors.

(2) This subsection shall be effective July 1, 1997.

(d) The State Board of Licensure for Professional Engineers and Professional Surveyors in its discretion may waive examination of a person applying to be licensed as an engineer or an engineer-intern if he or she is licensed either as an engineer or an engineer-in-training or an engineer-intern by the licensing authority of any state or territory or possession of the United States or of any foreign country if his or her qualifications at the time he or she was licensed are not less than those provided in this chapter.

Acts 1953, No. 214, § 5; A.S.A. 1947, § 71-1022; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4.
Ark. Code Ann. § 17-80-502 — AR Code / Title 17 / Chapter 80 / Subchapter 5 / Section 17-80-502
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) The right of conscience is a fundamental and unalienable right; (2) The right of conscience was central to the founding of the United States, has been deeply rooted in the history and tradition of the United States for centuries, and has been central to the practice of medicine through the Hippocratic oath for millennia; (3) Despite its importance, threats to the right of conscience of medical practitioners, healthcare institutions, and healthcare payers have become increasingly more common and severe in recent years; (4) The swift pace of scientific advancement and the expansion of medical capabilities, along with the notion that medical practitioners, healthcare institutions, and healthcare payers are mere public utilities, promise only to exacerbate the current crisis unless something is done to restore the importance of the right of conscience; and (5) It is the public policy of this state to protect the right of conscience of medical practitioners, healthcare institutions, and healthcare payers. (b) It is the purpose of this subchapter to protect all medical practitioners, healthcare institutions, and healthcare payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection. Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) The right of conscience is a fundamental and unalienable right; (2) The right of conscience was central to the founding of the United States, has been deeply rooted in the history and tradition of the United States for centuries, and has been central to the practice of medicine through the Hippocratic oath for millennia; (3) Despite its importance, threats to the right of conscience of medical practitioners, healthcare institutions, and healthcare payers have become increasingly more common and severe in recent years; (4) The swift pace of scientific advancement and the expansion of medical capabilities, along with the notion that medical practitioners, healthcare institutions, and healthcare payers are mere public utilities, promise only to exacerbate the current crisis unless something is done to restore the importance of the right of conscience; and (5) It is the public policy of this state to protect the right of conscience of medical practitioners, healthcare institutions, and healthcare payers.

(1) The right of conscience is a fundamental and unalienable right;

(2) The right of conscience was central to the founding of the United States, has been deeply rooted in the history and tradition of the United States for centuries, and has been central to the practice of medicine through the Hippocratic oath for millennia;

(3) Despite its importance, threats to the right of conscience of medical practitioners, healthcare institutions, and healthcare payers have become increasingly more common and severe in recent years;

(4) The swift pace of scientific advancement and the expansion of medical capabilities, along with the notion that medical practitioners, healthcare institutions, and healthcare payers are mere public utilities, promise only to exacerbate the current crisis unless something is done to restore the importance of the right of conscience; and

(5) It is the public policy of this state to protect the right of conscience of medical practitioners, healthcare institutions, and healthcare payers.

(b) It is the purpose of this subchapter to protect all medical practitioners, healthcare institutions, and healthcare payers from discrimination, punishment, or retaliation as a result of any instance of conscientious medical objection.

Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-39-101 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-101
Title
Status: in_force

This subchapter and subchapter 2 shall be known and may be cited as the "Polygraph Examiners Licensing Act". Amended by Act 2013, No. 1216,§ 1, eff. 8/16/2013. Acts 1967, No. 413, § 1; A.S.A. 1947, § 71-2201.

This subchapter and subchapter 2 shall be known and may be cited as the "Polygraph Examiners Licensing Act".

Amended by Act 2013, No. 1216,§ 1, eff. 8/16/2013.

Acts 1967, No. 413, § 1; A.S.A. 1947, § 71-2201.
Ark. Code Ann. § 17-12-305 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-305
Reexaminations
Status: in_force

(a) The Arkansas State Board of Public Accountancy may by rule prescribe the terms and conditions under which an applicant who passes the examination in one (1) or more of the subjects indicated in § 17-12-301(a)(2) may be reexamined in only the remaining subjects, with credit for the subjects previously passed. (b) It may also provide by rule for a reasonable waiting period for an applicant's reexamination in a subject he or she has failed. (c) Subject to subsections (a) and (b) of this section and such rules as the board may adopt governing reexaminations, an applicant shall be entitled to any number of reexaminations under § 17-12-301(a)(2) . Amended by Act 2019, No. 315,§ 1333, eff. 7/24/2019. Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1999, No. 180, § 15.

(a) The Arkansas State Board of Public Accountancy may by rule prescribe the terms and conditions under which an applicant who passes the examination in one (1) or more of the subjects indicated in § 17-12-301(a)(2) may be reexamined in only the remaining subjects, with credit for the subjects previously passed.

(b) It may also provide by rule for a reasonable waiting period for an applicant's reexamination in a subject he or she has failed.

(c) Subject to subsections (a) and (b) of this section and such rules as the board may adopt governing reexaminations, an applicant shall be entitled to any number of reexaminations under § 17-12-301(a)(2) .

Amended by Act 2019, No. 315,§ 1333, eff. 7/24/2019.

Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1999, No. 180, § 15.
Ark. Code Ann. § 17-12-505 — AR Code / Title 17 / Chapter 12 / Subchapter 5 / Section 17-12-505
Inactive status
Status: in_force

(a) The Arkansas State Board of Public Accountancy may by rule create an exception to the continuing education requirement of § 17-12-502 for licensees who do not perform or offer to perform for the public: (1) One (1) or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements; (2) One (1) or more kinds of management advisory, financial advisory, or consulting services; (3) The preparation of tax returns; or (4) The furnishing of advice on tax matters. (b) A licensee granted an exception under subsection (a) of this section by the board shall place the word "inactive" adjacent to his or her CPA title or PA title on any business card, letterhead, electronic transmission, or any other document or device, with the exception of his or her CPA certificate or PA registration, on which his or her CPA or PA title appears. (c) The following activities are exempted from the restrictions provided in subsection (a) of this section: (1) Attorneys with a current law license may provide tax services as allowed by his or her law license while his or her CPA or PA license is on inactive status; (2) A nonresident licensee who holds an active CPA or PA license to practice in his or her state of residence may engage in the activities permitted by the license issued by the state of residence while his or her Arkansas CPA or PA license remains inactive, but he or she may not engage in the activities listed in subsection (a) of this section within this state, for clients who are residents of this state, or for clients whose home office is located in this state without an active Arkansas CPA or PA license; (3) An inactive licensee may provide services listed in subsection (a) of this section on a volunteer basis if no compensation is received, the services are not attest services, and no documents are signed as a CPA or PA by the inactive licensee; and (4) An inactive licensee who has returned to work involving the practice of public accounting and has applied with the board to upgrade his or her license to active status may engage in the activities listed in subsection (a) of this section if he or she is supervised by another active licensee and no documents are signed as a CPA or PA by the inactive licensee until his or her application is approved by the board. Amended by Act 2019, No. 452,§ 1, eff. 7/24/2019. Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1999, No. 180, § 35.

(a) The Arkansas State Board of Public Accountancy may by rule create an exception to the continuing education requirement of § 17-12-502 for licensees who do not perform or offer to perform for the public: (1) One (1) or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements; (2) One (1) or more kinds of management advisory, financial advisory, or consulting services; (3) The preparation of tax returns; or (4) The furnishing of advice on tax matters.

(1) One (1) or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements;

(2) One (1) or more kinds of management advisory, financial advisory, or consulting services;

(3) The preparation of tax returns; or

(4) The furnishing of advice on tax matters.

(b) A licensee granted an exception under subsection (a) of this section by the board shall place the word "inactive" adjacent to his or her CPA title or PA title on any business card, letterhead, electronic transmission, or any other document or device, with the exception of his or her CPA certificate or PA registration, on which his or her CPA or PA title appears.

(c) The following activities are exempted from the restrictions provided in subsection (a) of this section: (1) Attorneys with a current law license may provide tax services as allowed by his or her law license while his or her CPA or PA license is on inactive status; (2) A nonresident licensee who holds an active CPA or PA license to practice in his or her state of residence may engage in the activities permitted by the license issued by the state of residence while his or her Arkansas CPA or PA license remains inactive, but he or she may not engage in the activities listed in subsection (a) of this section within this state, for clients who are residents of this state, or for clients whose home office is located in this state without an active Arkansas CPA or PA license; (3) An inactive licensee may provide services listed in subsection (a) of this section on a volunteer basis if no compensation is received, the services are not attest services, and no documents are signed as a CPA or PA by the inactive licensee; and (4) An inactive licensee who has returned to work involving the practice of public accounting and has applied with the board to upgrade his or her license to active status may engage in the activities listed in subsection (a) of this section if he or she is supervised by another active licensee and no documents are signed as a CPA or PA by the inactive licensee until his or her application is approved by the board.

(1) Attorneys with a current law license may provide tax services as allowed by his or her law license while his or her CPA or PA license is on inactive status;

(2) A nonresident licensee who holds an active CPA or PA license to practice in his or her state of residence may engage in the activities permitted by the license issued by the state of residence while his or her Arkansas CPA or PA license remains inactive, but he or she may not engage in the activities listed in subsection (a) of this section within this state, for clients who are residents of this state, or for clients whose home office is located in this state without an active Arkansas CPA or PA license;

(3) An inactive licensee may provide services listed in subsection (a) of this section on a volunteer basis if no compensation is received, the services are not attest services, and no documents are signed as a CPA or PA by the inactive licensee; and

(4) An inactive licensee who has returned to work involving the practice of public accounting and has applied with the board to upgrade his or her license to active status may engage in the activities listed in subsection (a) of this section if he or she is supervised by another active licensee and no documents are signed as a CPA or PA by the inactive licensee until his or her application is approved by the board.

Amended by Act 2019, No. 452,§ 1, eff. 7/24/2019.

Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1999, No. 180, § 35.