Ark. Code Ann. § 17-90-206 — AR Code / Title 17 / Chapter 90 / Subchapter 2 / Section 17-90-206
Reporting requirements
Status: in_force

(a) The State Board of Optometry shall require every optometrist who meets the requirements for certification to perform authorized laser procedures to report to the board regarding the outcome of the procedures performed in a format as required or directed by the board. (b) Reports under subsection (a) of this section shall also be sent to the Department of Health. Added by Act 2019, No. 579,§ 4, eff. 7/24/2019.

(a) The State Board of Optometry shall require every optometrist who meets the requirements for certification to perform authorized laser procedures to report to the board regarding the outcome of the procedures performed in a format as required or directed by the board.

(b) Reports under subsection (a) of this section shall also be sent to the Department of Health.

Added by Act 2019, No. 579,§ 4, eff. 7/24/2019.
Ark. Code Ann. § 17-21-203 — AR Code / Title 17 / Chapter 21 / Subchapter 2 / Section 17-21-203
Exemptions from certain requirements
Status: in_force

A bona fide civic club in existence for at least one (1) year, a nonprofit organization, a religious organization or church, a local government entity or school, or any organization auxiliary to or affiliated with such local governmental entities or schools, including, but not limited to, county fair boards and school booster clubs, shall be exempt from the requirements of § 17-21-201(c) and § 17-21-202 . Acts 1991, No. 101, § 2; 1993, No. 344, § 5.

A bona fide civic club in existence for at least one (1) year, a nonprofit organization, a religious organization or church, a local government entity or school, or any organization auxiliary to or affiliated with such local governmental entities or schools, including, but not limited to, county fair boards and school booster clubs, shall be exempt from the requirements of § 17-21-201(c) and § 17-21-202 .

Acts 1991, No. 101, § 2; 1993, No. 344, § 5.
Ark. Code Ann. § 17-24-308 — AR Code / Title 17 / Chapter 24 / Subchapter 3 / Section 17-24-308
Revocation, suspension, or refusal - Procedure
Status: in_force

(a) (1) Upon the receipt of evidence of any violation, the State Board of Collection Agencies shall order a hearing to be held. (2) All interested parties shall be apprised, at least twenty (20) days before the hearing, as to the time and place of the hearing. (3) The board shall have authority to summon and examine witnesses, gather information by affidavit and deposition, and subpoena those business records pertinent to the charges, as to any alleged violator. (4) Revocation, suspension, or refusal to issue shall be by order of the board. (b) Any party to the proceeding shall have the right to appeal from the order of the board to the Pulaski County Circuit Court which shall try the case. The appeal may be taken by filing a petition with the clerk of the court within thirty (30) days of the date of the decision of the board. The decision of the circuit court shall be appealable to the Supreme Court in the same manner as civil cases are appealed. (c) In the event that the holder of a license shall fail to secure a renewal thereof, or in the event of the suspension or revocation of the license by the board, and in the event that an appeal is taken to the courts as provided in this section, the holder of the license shall be allowed, during the period of the appeal, to operate the business of a collection agency as though no such action had been taken by the board. Acts 1965, No. 145, § 4; A.S.A. 1947, § 71-2004; Acts 1999, No. 1500, § 3.

(a) (1) Upon the receipt of evidence of any violation, the State Board of Collection Agencies shall order a hearing to be held. (2) All interested parties shall be apprised, at least twenty (20) days before the hearing, as to the time and place of the hearing. (3) The board shall have authority to summon and examine witnesses, gather information by affidavit and deposition, and subpoena those business records pertinent to the charges, as to any alleged violator. (4) Revocation, suspension, or refusal to issue shall be by order of the board.

(1) Upon the receipt of evidence of any violation, the State Board of Collection Agencies shall order a hearing to be held.

(2) All interested parties shall be apprised, at least twenty (20) days before the hearing, as to the time and place of the hearing.

(3) The board shall have authority to summon and examine witnesses, gather information by affidavit and deposition, and subpoena those business records pertinent to the charges, as to any alleged violator.

(4) Revocation, suspension, or refusal to issue shall be by order of the board.

(b) Any party to the proceeding shall have the right to appeal from the order of the board to the Pulaski County Circuit Court which shall try the case. The appeal may be taken by filing a petition with the clerk of the court within thirty (30) days of the date of the decision of the board. The decision of the circuit court shall be appealable to the Supreme Court in the same manner as civil cases are appealed.

(c) In the event that the holder of a license shall fail to secure a renewal thereof, or in the event of the suspension or revocation of the license by the board, and in the event that an appeal is taken to the courts as provided in this section, the holder of the license shall be allowed, during the period of the appeal, to operate the business of a collection agency as though no such action had been taken by the board.

Acts 1965, No. 145, § 4; A.S.A. 1947, § 71-2004; Acts 1999, No. 1500, § 3.
Ark. Code Ann. § 17-35-304 — AR Code / Title 17 / Chapter 35 / Subchapter 3 / Section 17-35-304
Seal of interior designer
Status: in_force

(a) (1) Each registered interior designer shall obtain a seal as prescribed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (2) (A) A document issued by the registered interior designer and being filed for public record shall bear the signature and seal of the interior designer who prepared or approved the document and the date on which it was sealed. (B) The signature, date, and seal shall be evidence of the authenticity of the document. (b) No registered interior designer shall affix, or permit to be affixed, his or her seal or signature to any plan, specification, drawing, or other document that depicts work that he or she is not competent or certified to perform. (c) The registered interior designer's contract documents shall contain a statement that the document is not an architectural or engineering drawing, specification, or design and is not to be used for construction of any load-bearing columns, load-bearing framing, or load-bearing walls or structures or for the issuance of any building permit, except as otherwise provided by law. (d) Documents as defined in this section are not to be construed as those that are required to be filed in state or local building departments or municipalities, except as otherwise provided by law. (e) No registered interior designer shall affix his or her signature or seal to any plan, specifications, or other document that was not prepared by him or her or under his or her responsible supervising control or by another interior designer and reviewed, approved, or modified and adopted by him or her as his or her own work according to the rules adopted by the board. (f) Studies, drawings, specifications, and other related documents prepared by a registered interior designer in providing interior design services shall be of a sufficiently high standard to clearly and accurately indicate all essential parts of the work to which they refer. (g) The shape and design of the seal will be different from the seals of architects, engineers, or landscape architects. (h) (1) When the registration of a registered interior designer has expired or been revoked or suspended by the board, the registered interior designer shall surrender his or her seal to the Chair of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) calendar days after the revocation or suspension has become effective. (2) The seal shall be returned upon expiration of the suspension period. Acts 1993, No. 847, § 12; 2009, No. 1367, § 14.

(a) (1) Each registered interior designer shall obtain a seal as prescribed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (2) (A) A document issued by the registered interior designer and being filed for public record shall bear the signature and seal of the interior designer who prepared or approved the document and the date on which it was sealed. (B) The signature, date, and seal shall be evidence of the authenticity of the document.

(1) Each registered interior designer shall obtain a seal as prescribed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(2) (A) A document issued by the registered interior designer and being filed for public record shall bear the signature and seal of the interior designer who prepared or approved the document and the date on which it was sealed. (B) The signature, date, and seal shall be evidence of the authenticity of the document.

(A) A document issued by the registered interior designer and being filed for public record shall bear the signature and seal of the interior designer who prepared or approved the document and the date on which it was sealed.

(B) The signature, date, and seal shall be evidence of the authenticity of the document.

(b) No registered interior designer shall affix, or permit to be affixed, his or her seal or signature to any plan, specification, drawing, or other document that depicts work that he or she is not competent or certified to perform.

(c) The registered interior designer's contract documents shall contain a statement that the document is not an architectural or engineering drawing, specification, or design and is not to be used for construction of any load-bearing columns, load-bearing framing, or load-bearing walls or structures or for the issuance of any building permit, except as otherwise provided by law.

(d) Documents as defined in this section are not to be construed as those that are required to be filed in state or local building departments or municipalities, except as otherwise provided by law.

(e) No registered interior designer shall affix his or her signature or seal to any plan, specifications, or other document that was not prepared by him or her or under his or her responsible supervising control or by another interior designer and reviewed, approved, or modified and adopted by him or her as his or her own work according to the rules adopted by the board.

(f) Studies, drawings, specifications, and other related documents prepared by a registered interior designer in providing interior design services shall be of a sufficiently high standard to clearly and accurately indicate all essential parts of the work to which they refer.

(g) The shape and design of the seal will be different from the seals of architects, engineers, or landscape architects.

(h) (1) When the registration of a registered interior designer has expired or been revoked or suspended by the board, the registered interior designer shall surrender his or her seal to the Chair of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) calendar days after the revocation or suspension has become effective. (2) The seal shall be returned upon expiration of the suspension period.

(1) When the registration of a registered interior designer has expired or been revoked or suspended by the board, the registered interior designer shall surrender his or her seal to the Chair of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) calendar days after the revocation or suspension has become effective.

(2) The seal shall be returned upon expiration of the suspension period.

Acts 1993, No. 847, § 12; 2009, No. 1367, § 14.
Ark. Code Ann. § 17-24-103 — AR Code / Title 17 / Chapter 24 / Subchapter 1 / Section 17-24-103
Penalties - Definition
Status: in_force

(a) (1) A collection agency that engages in the business activities of a collection agency without a license issued under this chapter may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day of a violation of this chapter is a separate offense. (3) (A) If a collection agency participates in collection activities without a license, the collection agency may pay a civil penalty to the State Board of Collection Agencies of ten thousand dollars ($10,000) in order to be considered retroactively licensed under this chapter by the board. (B) As used in this chapter, "retroactively licensed" means the date that the collection agency first became subject to licensure under this chapter. (b) (1) The board may impose monetary fines as civil penalties to be paid for failure to comply with this chapter or the rules promulgated by the board under this chapter. (2) Before imposing a monetary fine under subdivision (b)(1) of this section, the board shall provide notice and opportunity to be heard according to hearing procedures in effect for the revocation, suspension, or refusal of licensure. (3) The remedies in the form of civil penalties provided in this section for failing to obtain a license issued under this chapter shall be the only consequence of and remedy for the failure of a collection agency to obtain a license when required under this chapter. (c) The board has exclusive jurisdiction over the rights and remedies or a violation of the rules under this chapter. Amended by Act 2015, No. 1249,§ 1, eff. 7/22/2015. Acts 1965, No. 145, § 10; A.S.A. 1947, § 71-2010; Acts 1993, No. 1245, § 2; 1997, No. 246, § 2; 2009, No. 1455, § 4.

(a) (1) A collection agency that engages in the business activities of a collection agency without a license issued under this chapter may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day of a violation of this chapter is a separate offense. (3) (A) If a collection agency participates in collection activities without a license, the collection agency may pay a civil penalty to the State Board of Collection Agencies of ten thousand dollars ($10,000) in order to be considered retroactively licensed under this chapter by the board. (B) As used in this chapter, "retroactively licensed" means the date that the collection agency first became subject to licensure under this chapter.

(1) A collection agency that engages in the business activities of a collection agency without a license issued under this chapter may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each day of a violation of this chapter is a separate offense.

(3) (A) If a collection agency participates in collection activities without a license, the collection agency may pay a civil penalty to the State Board of Collection Agencies of ten thousand dollars ($10,000) in order to be considered retroactively licensed under this chapter by the board. (B) As used in this chapter, "retroactively licensed" means the date that the collection agency first became subject to licensure under this chapter.

(A) If a collection agency participates in collection activities without a license, the collection agency may pay a civil penalty to the State Board of Collection Agencies of ten thousand dollars ($10,000) in order to be considered retroactively licensed under this chapter by the board.

(B) As used in this chapter, "retroactively licensed" means the date that the collection agency first became subject to licensure under this chapter.

(b) (1) The board may impose monetary fines as civil penalties to be paid for failure to comply with this chapter or the rules promulgated by the board under this chapter. (2) Before imposing a monetary fine under subdivision (b)(1) of this section, the board shall provide notice and opportunity to be heard according to hearing procedures in effect for the revocation, suspension, or refusal of licensure. (3) The remedies in the form of civil penalties provided in this section for failing to obtain a license issued under this chapter shall be the only consequence of and remedy for the failure of a collection agency to obtain a license when required under this chapter.

(1) The board may impose monetary fines as civil penalties to be paid for failure to comply with this chapter or the rules promulgated by the board under this chapter.

(2) Before imposing a monetary fine under subdivision (b)(1) of this section, the board shall provide notice and opportunity to be heard according to hearing procedures in effect for the revocation, suspension, or refusal of licensure.

(3) The remedies in the form of civil penalties provided in this section for failing to obtain a license issued under this chapter shall be the only consequence of and remedy for the failure of a collection agency to obtain a license when required under this chapter.

(c) The board has exclusive jurisdiction over the rights and remedies or a violation of the rules under this chapter.

Amended by Act 2015, No. 1249,§ 1, eff. 7/22/2015.

Acts 1965, No. 145, § 10; A.S.A. 1947, § 71-2010; Acts 1993, No. 1245, § 2; 1997, No. 246, § 2; 2009, No. 1455, § 4.
Ark. Code Ann. § 17-39-210 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-210
Expiration and renewal
Status: in_force

(a) Each polygraph examiner license shall be issued for the term of two (2) years and, unless suspended or revoked, may be renewed with documentation prescribed by the Director of the Division of Arkansas State Police. (b) (1) A polygraph examiner whose license has been expired for less than six (6) months may renew the license by making a renewal application and paying the renewal fee of fifty dollars ($50.00) and a late fee of twenty dollars ($20.00) required by § 17-39-207 . (2) However, any polygraph examiner license that has been expired for more than six (6) months shall be deemed permanently expired, and the polygraph examiner shall begin the process again as a new applicant. (3) The calculation of the late fee or expiration time may be waived for a person who demonstrates that he or she was on active duty with the United States Armed Forces or the National Guard stationed outside of the State of Arkansas at the time of expiration. (4) The requirements, as set out by the director, shall be met before renewal, including the submission of proof to the director of continuing polygraph examiner education of at least fourteen (14) hours successfully completed in the most recent two-year period in a training course approved by the director. Amended by Act 2019, No. 910,§ 5942, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 20, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 19, eff. 8/16/2013. Acts 1967, No. 413, § 16; A.S.A. 1947, § 71-2215.

(a) Each polygraph examiner license shall be issued for the term of two (2) years and, unless suspended or revoked, may be renewed with documentation prescribed by the Director of the Division of Arkansas State Police.

(b) (1) A polygraph examiner whose license has been expired for less than six (6) months may renew the license by making a renewal application and paying the renewal fee of fifty dollars ($50.00) and a late fee of twenty dollars ($20.00) required by § 17-39-207 . (2) However, any polygraph examiner license that has been expired for more than six (6) months shall be deemed permanently expired, and the polygraph examiner shall begin the process again as a new applicant. (3) The calculation of the late fee or expiration time may be waived for a person who demonstrates that he or she was on active duty with the United States Armed Forces or the National Guard stationed outside of the State of Arkansas at the time of expiration. (4) The requirements, as set out by the director, shall be met before renewal, including the submission of proof to the director of continuing polygraph examiner education of at least fourteen (14) hours successfully completed in the most recent two-year period in a training course approved by the director.

(1) A polygraph examiner whose license has been expired for less than six (6) months may renew the license by making a renewal application and paying the renewal fee of fifty dollars ($50.00) and a late fee of twenty dollars ($20.00) required by § 17-39-207 .

(2) However, any polygraph examiner license that has been expired for more than six (6) months shall be deemed permanently expired, and the polygraph examiner shall begin the process again as a new applicant.

(3) The calculation of the late fee or expiration time may be waived for a person who demonstrates that he or she was on active duty with the United States Armed Forces or the National Guard stationed outside of the State of Arkansas at the time of expiration.

(4) The requirements, as set out by the director, shall be met before renewal, including the submission of proof to the director of continuing polygraph examiner education of at least fourteen (14) hours successfully completed in the most recent two-year period in a training course approved by the director.

Amended by Act 2019, No. 910,§ 5942, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 20, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 19, eff. 8/16/2013.

Acts 1967, No. 413, § 16; A.S.A. 1947, § 71-2215.
Ark. Code Ann. § 17-81-314 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-314
Reinstatement
Status: in_force

(a) A chiropractic license which has been revoked for repeated violation of any of the causes enumerated in § 17-81-313 shall not be eligible for reinstatement. (b) (1) A license which has been suspended may be reinstated upon expiration of the period of suspension and upon satisfactory assurance of proper conduct, by notarized statement of intent, by the suspended licensee. (2) The statement of intent shall be filed with the Secretary of the Arkansas State Board of Chiropractic Examiners at least thirty (30) days before the expiration of the period of suspension, accompanied by a fee of fifty dollars ($50.00) if the period of suspension is less than a year, and additionally by the regular yearly renewal fee if the period of suspension exceeds twelve (12) months. (3) All fees shall be paid by certified check or postal money order. Acts 1971, No. 706, § 27; A.S.A. 1947, § 72-441.

(a) A chiropractic license which has been revoked for repeated violation of any of the causes enumerated in § 17-81-313 shall not be eligible for reinstatement.

(b) (1) A license which has been suspended may be reinstated upon expiration of the period of suspension and upon satisfactory assurance of proper conduct, by notarized statement of intent, by the suspended licensee. (2) The statement of intent shall be filed with the Secretary of the Arkansas State Board of Chiropractic Examiners at least thirty (30) days before the expiration of the period of suspension, accompanied by a fee of fifty dollars ($50.00) if the period of suspension is less than a year, and additionally by the regular yearly renewal fee if the period of suspension exceeds twelve (12) months. (3) All fees shall be paid by certified check or postal money order.

(1) A license which has been suspended may be reinstated upon expiration of the period of suspension and upon satisfactory assurance of proper conduct, by notarized statement of intent, by the suspended licensee.

(2) The statement of intent shall be filed with the Secretary of the Arkansas State Board of Chiropractic Examiners at least thirty (30) days before the expiration of the period of suspension, accompanied by a fee of fifty dollars ($50.00) if the period of suspension is less than a year, and additionally by the regular yearly renewal fee if the period of suspension exceeds twelve (12) months.

(3) All fees shall be paid by certified check or postal money order.

Acts 1971, No. 706, § 27; A.S.A. 1947, § 72-441.
Ark. Code Ann. § 17-24-302 — AR Code / Title 17 / Chapter 24 / Subchapter 3 / Section 17-24-302
Qualifications - Restriction
Status: in_force

(a) The State Board of Collection Agencies shall have the authority to issue a license to an applicant for a license to do business as a collection agency, provided that the applicant meets the following qualifications: (1) The applicant is at least twenty-one (21) years of age; (2) If a partnership, the names of the partners, their ages, sex, and their business address are provided, and the members of the partnership are at least twenty-one (21) years of age; and (3) The proposed managers of a corporation or the owners of not less than fifty percent (50%) of the stock of the corporation are at least twenty-one (21) years of age. (b) No sheriff, deputy sheriff, constable, deputy constable, state police officer, or other law enforcement officer shall be licensed in any manner to engage in the business of operating a collection agency or acting as a collector for a collection agency. Acts 1965, No. 145, § 5; A.S.A. 1947, § 71-2005; Acts 1993, No. 1219, § 5; 1995, No. 1296, § 64.

(a) The State Board of Collection Agencies shall have the authority to issue a license to an applicant for a license to do business as a collection agency, provided that the applicant meets the following qualifications: (1) The applicant is at least twenty-one (21) years of age; (2) If a partnership, the names of the partners, their ages, sex, and their business address are provided, and the members of the partnership are at least twenty-one (21) years of age; and (3) The proposed managers of a corporation or the owners of not less than fifty percent (50%) of the stock of the corporation are at least twenty-one (21) years of age.

(1) The applicant is at least twenty-one (21) years of age;

(2) If a partnership, the names of the partners, their ages, sex, and their business address are provided, and the members of the partnership are at least twenty-one (21) years of age; and

(3) The proposed managers of a corporation or the owners of not less than fifty percent (50%) of the stock of the corporation are at least twenty-one (21) years of age.

(b) No sheriff, deputy sheriff, constable, deputy constable, state police officer, or other law enforcement officer shall be licensed in any manner to engage in the business of operating a collection agency or acting as a collector for a collection agency.

Acts 1965, No. 145, § 5; A.S.A. 1947, § 71-2005; Acts 1993, No. 1219, § 5; 1995, No. 1296, § 64.
Ark. Code Ann. § 17-25-306 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-306
Examinations - Certification
Status: in_force

(a) Any person desiring to apply for a license shall be permitted to take an examination to determine the applicant's qualifications. (b) If the result of the examination of any applicant shall be satisfactory to the Contractors Licensing Board, and if the application complies with the board's rules, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas. (c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee. Amended by Act 2019, No. 315,§ 1379, eff. 7/24/2019. Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 2001, No. 583, § 2.

(a) Any person desiring to apply for a license shall be permitted to take an examination to determine the applicant's qualifications.

(b) If the result of the examination of any applicant shall be satisfactory to the Contractors Licensing Board, and if the application complies with the board's rules, then the board shall issue to the applicant a certificate to engage in contracting in the State of Arkansas.

(c) Anyone failing to pass the examination may be reexamined at any regular meeting of the board upon payment of the regular fee.

Amended by Act 2019, No. 315,§ 1379, eff. 7/24/2019.

Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 2001, No. 583, § 2.
Ark. Code Ann. § 17-82-803 — AR Code / Title 17 / Chapter 82 / Subchapter 8 / Section 17-82-803
Waiver
Status: in_force

(a) Section 17-82-802 may be waived by the Arkansas State Board of Dental Examiners upon the request of: (1) An affected applicant for licensure; or (2) The person holding the license subject to revocation. (b) The board may consider the following circumstances when considering a waiver, including without limitation: (1) The age at which the crime was committed; (2) The circumstances surrounding the crime; (3) The length of time since the crime; (4) Subsequent work history; (5) Employment references; (6) Character references; and (7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of the public. Acts 2011, No. 47, § 1.

(a) Section 17-82-802 may be waived by the Arkansas State Board of Dental Examiners upon the request of: (1) An affected applicant for licensure; or (2) The person holding the license subject to revocation.

(1) An affected applicant for licensure; or

(2) The person holding the license subject to revocation.

(b) The board may consider the following circumstances when considering a waiver, including without limitation: (1) The age at which the crime was committed; (2) The circumstances surrounding the crime; (3) The length of time since the crime; (4) Subsequent work history; (5) Employment references; (6) Character references; and (7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of the public.

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

(2) The circumstances surrounding the crime;

(3) The length of time since the crime;

(4) Subsequent work history;

(5) Employment references;

(6) Character references; and

(7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of the public.

Acts 2011, No. 47, § 1.
Ark. Code Ann. § 17-80-402 — AR Code / Title 17 / Chapter 80 / Subchapter 4 / Section 17-80-402
Definitions
Status: in_force

As used in this subchapter: (1) "Distant site" means the location of the healthcare professional delivering services through telemedicine at the time the services are provided; (2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (3) (A) "Originating site" means a site at which a patient is located at the time healthcare services are provided to him or her by means of telemedicine. (B) "Originating site" includes the home of a patient; (4) "Professional relationship" means at a minimum a relationship established between a healthcare professional and a patient when: (A) The healthcare professional has previously conducted an in-person examination of the patient and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals; (B) The healthcare professional personally knows the patient and the patient's relevant health status through an ongoing personal or professional relationship and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals; (C) The treatment is provided by a healthcare professional in consultation with, or upon referral by, another healthcare professional who has an ongoing professional relationship with the patient and who has agreed to supervise the patient's treatment, including follow-up care; (D) An on-call or cross-coverage arrangement exists with the patient's regular treating healthcare professional or another healthcare professional who has established a professional relationship with the patient; (E) (i) A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients. (ii) A relationship established under rules of the Arkansas State Medical Board may be utilized for telehealth certification; (F) A relationship exists in other circumstances as defined by rule of a licensing or certification board for other healthcare professionals under the jurisdiction of the appropriate board and their patients if the rules are no less restrictive than the rules of the Arkansas State Medical Board; or (G) (i) The healthcare professional who is licensed in Arkansas has access to a patient's personal health record maintained by a healthcare professional and uses any technology deemed appropriate by the healthcare professional, including the telephone, with a patient located in Arkansas to diagnose, treat, and if clinically appropriate, prescribe a noncontrolled drug to the patient. (ii) For purposes of this subchapter, a health record may be created with the use of telemedicine and consists of relevant clinical information required to treat a patient, and is reviewed by the healthcare professional who meets the same standard of care for a telemedicine visit as an in-person visit; (5) "Remote patient monitoring" means the use of synchronous or asynchronous electronic information and communication technology to collect personal health information and medical data from a patient at an originating site that is transmitted to a healthcare professional at a distant site for use in the treatment and management of medical conditions that require frequent monitoring; (6) "Store-and-forward technology" means the asynchronous transmission of a patient's medical information from a healthcare professional at an originating site to a healthcare professional at a distant site; (7) "Telehealth certification" means the electronic assessment of a patient by a practitioner in connection with an application for a registry identification card under § 5 of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and (8) (A) "Telemedicine" means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient. (B) "Telemedicine" includes store-and-forward technology and remote patient monitoring. (C) "Telemedicine" does not include the use of audio-only electronic technology by a physician to renew a written certification that was previously issued to the same patient. Amended by Act 2021, No. 1112,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 1112,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 1112,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 767,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 829,§ 1, eff. 4/21/2021. Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.

As used in this subchapter:

(1) "Distant site" means the location of the healthcare professional delivering services through telemedicine at the time the services are provided;

(2) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

(3) (A) "Originating site" means a site at which a patient is located at the time healthcare services are provided to him or her by means of telemedicine. (B) "Originating site" includes the home of a patient;

(A) "Originating site" means a site at which a patient is located at the time healthcare services are provided to him or her by means of telemedicine.

(B) "Originating site" includes the home of a patient;

(4) "Professional relationship" means at a minimum a relationship established between a healthcare professional and a patient when: (A) The healthcare professional has previously conducted an in-person examination of the patient and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals; (B) The healthcare professional personally knows the patient and the patient's relevant health status through an ongoing personal or professional relationship and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals; (C) The treatment is provided by a healthcare professional in consultation with, or upon referral by, another healthcare professional who has an ongoing professional relationship with the patient and who has agreed to supervise the patient's treatment, including follow-up care; (D) An on-call or cross-coverage arrangement exists with the patient's regular treating healthcare professional or another healthcare professional who has established a professional relationship with the patient; (E) (i) A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients. (ii) A relationship established under rules of the Arkansas State Medical Board may be utilized for telehealth certification; (F) A relationship exists in other circumstances as defined by rule of a licensing or certification board for other healthcare professionals under the jurisdiction of the appropriate board and their patients if the rules are no less restrictive than the rules of the Arkansas State Medical Board; or (G) (i) The healthcare professional who is licensed in Arkansas has access to a patient's personal health record maintained by a healthcare professional and uses any technology deemed appropriate by the healthcare professional, including the telephone, with a patient located in Arkansas to diagnose, treat, and if clinically appropriate, prescribe a noncontrolled drug to the patient. (ii) For purposes of this subchapter, a health record may be created with the use of telemedicine and consists of relevant clinical information required to treat a patient, and is reviewed by the healthcare professional who meets the same standard of care for a telemedicine visit as an in-person visit;

(A) The healthcare professional has previously conducted an in-person examination of the patient and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals;

(B) The healthcare professional personally knows the patient and the patient's relevant health status through an ongoing personal or professional relationship and is available to provide appropriate follow-up care, when necessary, at medically necessary intervals;

(C) The treatment is provided by a healthcare professional in consultation with, or upon referral by, another healthcare professional who has an ongoing professional relationship with the patient and who has agreed to supervise the patient's treatment, including follow-up care;

(D) An on-call or cross-coverage arrangement exists with the patient's regular treating healthcare professional or another healthcare professional who has established a professional relationship with the patient;

(E) (i) A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients. (ii) A relationship established under rules of the Arkansas State Medical Board may be utilized for telehealth certification;

(i) A relationship exists in other circumstances as defined by rule of the Arkansas State Medical Board for healthcare professionals under its jurisdiction and their patients.

(ii) A relationship established under rules of the Arkansas State Medical Board may be utilized for telehealth certification;

(F) A relationship exists in other circumstances as defined by rule of a licensing or certification board for other healthcare professionals under the jurisdiction of the appropriate board and their patients if the rules are no less restrictive than the rules of the Arkansas State Medical Board; or

(G) (i) The healthcare professional who is licensed in Arkansas has access to a patient's personal health record maintained by a healthcare professional and uses any technology deemed appropriate by the healthcare professional, including the telephone, with a patient located in Arkansas to diagnose, treat, and if clinically appropriate, prescribe a noncontrolled drug to the patient. (ii) For purposes of this subchapter, a health record may be created with the use of telemedicine and consists of relevant clinical information required to treat a patient, and is reviewed by the healthcare professional who meets the same standard of care for a telemedicine visit as an in-person visit;

(i) The healthcare professional who is licensed in Arkansas has access to a patient's personal health record maintained by a healthcare professional and uses any technology deemed appropriate by the healthcare professional, including the telephone, with a patient located in Arkansas to diagnose, treat, and if clinically appropriate, prescribe a noncontrolled drug to the patient.

(ii) For purposes of this subchapter, a health record may be created with the use of telemedicine and consists of relevant clinical information required to treat a patient, and is reviewed by the healthcare professional who meets the same standard of care for a telemedicine visit as an in-person visit;

(5) "Remote patient monitoring" means the use of synchronous or asynchronous electronic information and communication technology to collect personal health information and medical data from a patient at an originating site that is transmitted to a healthcare professional at a distant site for use in the treatment and management of medical conditions that require frequent monitoring;

(6) "Store-and-forward technology" means the asynchronous transmission of a patient's medical information from a healthcare professional at an originating site to a healthcare professional at a distant site;

(7) "Telehealth certification" means the electronic assessment of a patient by a practitioner in connection with an application for a registry identification card under § 5 of the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; and

(8) (A) "Telemedicine" means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient. (B) "Telemedicine" includes store-and-forward technology and remote patient monitoring. (C) "Telemedicine" does not include the use of audio-only electronic technology by a physician to renew a written certification that was previously issued to the same patient.

(A) "Telemedicine" means the use of electronic information and communication technology to deliver healthcare services, including without limitation the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient.

(B) "Telemedicine" includes store-and-forward technology and remote patient monitoring.

(C) "Telemedicine" does not include the use of audio-only electronic technology by a physician to renew a written certification that was previously issued to the same patient.

Amended by Act 2021, No. 1112,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 1112,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 1112,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 767,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 829,§ 1, eff. 4/21/2021.

Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 17-102-309 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-309
Disciplinary actions - Grounds - Action by the board
Status: in_force

(a) The following acts by an applicant for a license or by a licensed acupuncturist shall constitute grounds for which the disciplinary actions specified in subsection (b) of this section may be taken by the Arkansas State Board of Acupuncture and Related Techniques: (1) Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit; (2) Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same; (3) Advertising, practicing, or attempting to practice under a name other than one's own; (4) Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques; (5) Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes; (6) Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol; (7) Acting unprofessionally in the practice of acupuncture and related techniques; (8) Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or (9) Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board. (b) When the board finds any person guilty of any of the acts set forth in subsection (a) of this section, it has the sole authority to: (1) Refuse to issue a license to the offender; (2) Revoke or suspend the offender's license; (3) Restrict the practice of the offender; (4) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; (5) Reprimand the offender; or (6) Place the offender on probation for a period of time and subject to such conditions as the board may specify. (c) The board shall not reinstate the license of a acupuncturist or cause a license to be issued to a person it has deemed to be unqualified until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture and related techniques. (d) Disciplinary proceedings taken under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1997, No. 816, § 22.

(a) The following acts by an applicant for a license or by a licensed acupuncturist shall constitute grounds for which the disciplinary actions specified in subsection (b) of this section may be taken by the Arkansas State Board of Acupuncture and Related Techniques: (1) Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit; (2) Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same; (3) Advertising, practicing, or attempting to practice under a name other than one's own; (4) Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques; (5) Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes; (6) Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol; (7) Acting unprofessionally in the practice of acupuncture and related techniques; (8) Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or (9) Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board.

(1) Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit;

(2) Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same;

(3) Advertising, practicing, or attempting to practice under a name other than one's own;

(4) Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques;

(5) Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes;

(6) Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol;

(7) Acting unprofessionally in the practice of acupuncture and related techniques;

(8) Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or

(9) Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board.

(b) When the board finds any person guilty of any of the acts set forth in subsection (a) of this section, it has the sole authority to: (1) Refuse to issue a license to the offender; (2) Revoke or suspend the offender's license; (3) Restrict the practice of the offender; (4) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense; (5) Reprimand the offender; or (6) Place the offender on probation for a period of time and subject to such conditions as the board may specify.

(1) Refuse to issue a license to the offender;

(2) Revoke or suspend the offender's license;

(3) Restrict the practice of the offender;

(4) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense;

(5) Reprimand the offender; or

(6) Place the offender on probation for a period of time and subject to such conditions as the board may specify.

(c) The board shall not reinstate the license of a acupuncturist or cause a license to be issued to a person it has deemed to be unqualified until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture and related techniques.

(d) Disciplinary proceedings taken under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1997, No. 816, § 22.
Ark. Code Ann. § 17-17-113 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-113
Injunction
Status: in_force

(a) Whenever there is reason to believe that any person, licensed or unlicensed, has violated any provision of this chapter or any order, license, decision, demand, or requirement issued or made pursuant to this chapter, the Auctioneer's Licensing Board or its authorized representative may bring an action in the circuit court of any county in which the person resides or does business to enjoin such a person from continuing such a violation or engaging therein or doing any act or acts in furtherance thereof. (b) Whenever there is any action brought pursuant to this section, the circuit court shall have jurisdiction and authority to enter a preliminary or final injunction or such other relief as may be appropriate. Acts 1999, No. 1333, § 2.

(a) Whenever there is reason to believe that any person, licensed or unlicensed, has violated any provision of this chapter or any order, license, decision, demand, or requirement issued or made pursuant to this chapter, the Auctioneer's Licensing Board or its authorized representative may bring an action in the circuit court of any county in which the person resides or does business to enjoin such a person from continuing such a violation or engaging therein or doing any act or acts in furtherance thereof.

(b) Whenever there is any action brought pursuant to this section, the circuit court shall have jurisdiction and authority to enter a preliminary or final injunction or such other relief as may be appropriate.

Acts 1999, No. 1333, § 2.
Ark. Code Ann. § 17-27-301 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-301
Licensed professional counselor - Qualifications
Status: in_force

The Arkansas Board of Examiners in Counseling shall issue a license as a licensed professional counselor to each applicant who files an application upon a form and in the manner that the board prescribes accompanied by a fee as set by the board and who furnishes satisfactory evidence of the following to the board: (1) The applicant is not a minor under the laws of Arkansas; (2) The applicant is highly regarded in professional ethics; (3) The applicant is not in violation of any of the provisions of this chapter and the rules adopted under this chapter; (4) The applicant has applied for a criminal background check and has not been found guilty of, or pleaded guilty or nolo contendere to, any of the offenses listed in § 17-27-313(e) [repealed]; (5) (A) The applicant has received a graduate degree from a regionally accredited institution of higher education that is primarily professional counseling in content and has accumulated the graduate semester hours that meet the academic and training content standards established by the board. (B) The board shall use the standards for the preparation of counselors prepared by that special professional association nationally as a guide in establishing the standards for counseling; and (6) (A) The applicant has three thousand (3,000) client contact hours of supervised experience in professional counseling acceptable to the board. (B) Two thousand (2,000) client contact hours of experience may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of counseling and are acceptable to the board. (C) The applicant may not have less than one thousand (1,000) client contact hours of professional experience. (7) [Repealed.] Amended by Act 2023, No. 78,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 78,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1387, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 31, eff. 7/24/2019. Amended by Act 2019, No. 370,§ 1, eff. 7/24/2019. Acts 1979, No. 593, § 8; A.S.A. 1947, § 71-5208; Acts 1993, No. 1219, § 6; 1997, No. 244, § 4; 1997, No. 1317, § 2; 2003, No. 753, § 1.

The Arkansas Board of Examiners in Counseling shall issue a license as a licensed professional counselor to each applicant who files an application upon a form and in the manner that the board prescribes accompanied by a fee as set by the board and who furnishes satisfactory evidence of the following to the board:

(1) The applicant is not a minor under the laws of Arkansas;

(2) The applicant is highly regarded in professional ethics;

(3) The applicant is not in violation of any of the provisions of this chapter and the rules adopted under this chapter;

(4) The applicant has applied for a criminal background check and has not been found guilty of, or pleaded guilty or nolo contendere to, any of the offenses listed in § 17-27-313(e) [repealed];

(5) (A) The applicant has received a graduate degree from a regionally accredited institution of higher education that is primarily professional counseling in content and has accumulated the graduate semester hours that meet the academic and training content standards established by the board. (B) The board shall use the standards for the preparation of counselors prepared by that special professional association nationally as a guide in establishing the standards for counseling; and

(A) The applicant has received a graduate degree from a regionally accredited institution of higher education that is primarily professional counseling in content and has accumulated the graduate semester hours that meet the academic and training content standards established by the board.

(B) The board shall use the standards for the preparation of counselors prepared by that special professional association nationally as a guide in establishing the standards for counseling; and

(6) (A) The applicant has three thousand (3,000) client contact hours of supervised experience in professional counseling acceptable to the board. (B) Two thousand (2,000) client contact hours of experience may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of counseling and are acceptable to the board. (C) The applicant may not have less than one thousand (1,000) client contact hours of professional experience.

(A) The applicant has three thousand (3,000) client contact hours of supervised experience in professional counseling acceptable to the board.

(B) Two thousand (2,000) client contact hours of experience may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of counseling and are acceptable to the board.

(C) The applicant may not have less than one thousand (1,000) client contact hours of professional experience.

(7) [Repealed.]

Amended by Act 2023, No. 78,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 78,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1387, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 31, eff. 7/24/2019.

Amended by Act 2019, No. 370,§ 1, eff. 7/24/2019.

Acts 1979, No. 593, § 8; A.S.A. 1947, § 71-5208; Acts 1993, No. 1219, § 6; 1997, No. 244, § 4; 1997, No. 1317, § 2; 2003, No. 753, § 1.
Ark. Code Ann. § 17-107-308 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-308
License - Replacement
Status: in_force

(a) An individual licensed or certified under this chapter whose license has been lost or destroyed may apply to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board for a replacement. The application shall be accompanied by an affidavit setting out the facts concerning the loss or destruction of the original license. (b) An individual licensed or certified under this chapter whose name is changed by marriage or court order may surrender his or her license and apply to the board for a replacement license. Acts 2007, No. 174, § 1.

(a) An individual licensed or certified under this chapter whose license has been lost or destroyed may apply to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board for a replacement. The application shall be accompanied by an affidavit setting out the facts concerning the loss or destruction of the original license.

(b) An individual licensed or certified under this chapter whose name is changed by marriage or court order may surrender his or her license and apply to the board for a replacement license.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-87-702 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-702
Certificate required
Status: in_force

In order to safeguard life and health, any person serving or offering to serve as a medication assistive person shall: (1) Submit evidence that he or she is qualified to so serve; and (2) Be certified as provided in this subchapter. Acts 2005, No. 1423, § 4.

In order to safeguard life and health, any person serving or offering to serve as a medication assistive person shall:

(1) Submit evidence that he or she is qualified to so serve; and

(2) Be certified as provided in this subchapter.

Acts 2005, No. 1423, § 4.
Ark. Code Ann. § 17-26-413 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-413
Electrology course
Status: in_force

(a) (1) An electrology course established by a school of cosmetology shall consist of three hundred fifty (350) hours or six hundred (600) hours of practical training and technical instruction that shall extend over a period of not less than two (2) months for a three-hundred-fifty-hour course and four (4) months for a six-hundred-hour course. (2) In no event shall the training extend over a period of more than six (6) months from the date of initial enrollment. (b) The course shall be in accordance with a curriculum established by the Department of Health. Acts 1955, No. 358, Art. 8, § 9; 1985, No. 215, § 9; A.S.A. 1947, § 71-860; Acts 2009, No. 4, § 23.

(a) (1) An electrology course established by a school of cosmetology shall consist of three hundred fifty (350) hours or six hundred (600) hours of practical training and technical instruction that shall extend over a period of not less than two (2) months for a three-hundred-fifty-hour course and four (4) months for a six-hundred-hour course. (2) In no event shall the training extend over a period of more than six (6) months from the date of initial enrollment.

(1) An electrology course established by a school of cosmetology shall consist of three hundred fifty (350) hours or six hundred (600) hours of practical training and technical instruction that shall extend over a period of not less than two (2) months for a three-hundred-fifty-hour course and four (4) months for a six-hundred-hour course.

(2) In no event shall the training extend over a period of more than six (6) months from the date of initial enrollment.

(b) The course shall be in accordance with a curriculum established by the Department of Health.

Acts 1955, No. 358, Art. 8, § 9; 1985, No. 215, § 9; A.S.A. 1947, § 71-860; Acts 2009, No. 4, § 23.
Ark. Code Ann. § 17-26-316 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-316
Display of license
Status: in_force

(a) Every licensee shall: (1) Display his or her license in a conspicuous place in his or her principal office, place of business, place of employment, or mobile salon; or (2) Wear the license on his or her person while practicing cosmetology. (b) A license may contain a photograph of the licensee. Amended by Act 2017, No. 1081,§ 3, eff. 8/1/2017. Acts 1955, No. 358, Art. 9, § 1; A.S.A. 1947, § 71-866; Acts 2007, No. 223, § 26; 2009, No. 4, § 9.

(a) Every licensee shall: (1) Display his or her license in a conspicuous place in his or her principal office, place of business, place of employment, or mobile salon; or (2) Wear the license on his or her person while practicing cosmetology.

(1) Display his or her license in a conspicuous place in his or her principal office, place of business, place of employment, or mobile salon; or

(2) Wear the license on his or her person while practicing cosmetology.

(b) A license may contain a photograph of the licensee.

Amended by Act 2017, No. 1081,§ 3, eff. 8/1/2017.

Acts 1955, No. 358, Art. 9, § 1; A.S.A. 1947, § 71-866; Acts 2007, No. 223, § 26; 2009, No. 4, § 9.
Ark. Code Ann. § 17-80-117 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-117
Definitions - Substance Abuse Reporting Act
Status: in_force

(a) As used in this section: (1) "Disciplinary action" means an action taken by a required reporter to terminate: (A) The employment of a healthcare professional; (B) A contractual arrangement with a healthcare professional; or (C) The clinical privileges of a healthcare professional; (2) "Healthcare professional" means an individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; (3) "Licensing authority" means a government agency or board charged with licensing, certifying, or authorizing a healthcare professional to administer health care in this state; and (4) "Required reporter" means: (A) A facility licensed by the Division of Health Facilities Services; (B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and (C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas. (b) The chief executive officer or an official agent of a required reporter or his or her designee shall report to the appropriate licensing authority the following: (1) A final disciplinary action taken against a healthcare professional as a result of the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional; and (2) The voluntary resignation of any healthcare professional against whom a disciplinary action arising from the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional if a disciplinary action is pending. (c) A report required by subsection (b) of this section shall be submitted within seven (7) days of the final disciplinary action or voluntary resignation and shall include without limitation: (1) The name, address, and telephone number of the person who is the subject of the report; and (2) A description of the facts giving rise to the issuance of the report. (d) If a licensing authority receiving a report of disciplinary action under subsection (b) of this section determines, after investigation and due process, that a criminal act may have been committed involving the diversion of controlled substances to one (1) or more third parties by the healthcare professional, the licensing authority shall report the information to the local office of the United States Diversion Control Division of the United States Drug Enforcement Administration. (e) The chief executive officer or an official agent of a required reporter, or his or her designee, shall report to the appropriate law enforcement agency any final disciplinary action taken against an employee as a result of his or her diversion of controlled substances to one (1) or more third parties when the employee is not a healthcare professional. (f) The following information shall be exempt from the reporting requirements of this section: (1) Information learned or maintained in connection with an alcohol or drug prevention function that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States to the extent that the reporting is in violation of 42 U.S.C. § 290dd-2 or federal regulations adopted relating to 42 U.S.C. § 290dd-2 , as it existed on January 1, 2015; and (2) Information learned or maintained by a required reporter in the course of providing healthcare services to the healthcare professional. (g) The duty to report under this section does not require disclosure of communications, proceedings, minutes, records, or reports that are privileged under § 16-46-105 , § 16-46-109 , § 20-9-503 , or any other law of the state. (h) The duty to report that is required under this section is in addition to, and is not a substitute for, other reporting requirements imposed by applicable federal and state law, including without limitation: (1) Reporting the theft or loss of controlled substances under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.; and (2) Reporting physician misconduct under § 17-95-104 . (i) A required reporter or its agents or employees shall not be liable to any person and are immune from civil liability for filing a report required by this section and the contents of the report. Added by Act 2015, No. 411,§ 1, eff. 7/22/2015.

(a) As used in this section: (1) "Disciplinary action" means an action taken by a required reporter to terminate: (A) The employment of a healthcare professional; (B) A contractual arrangement with a healthcare professional; or (C) The clinical privileges of a healthcare professional; (2) "Healthcare professional" means an individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; (3) "Licensing authority" means a government agency or board charged with licensing, certifying, or authorizing a healthcare professional to administer health care in this state; and (4) "Required reporter" means: (A) A facility licensed by the Division of Health Facilities Services; (B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and (C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas.

(1) "Disciplinary action" means an action taken by a required reporter to terminate: (A) The employment of a healthcare professional; (B) A contractual arrangement with a healthcare professional; or (C) The clinical privileges of a healthcare professional;

(A) The employment of a healthcare professional;

(B) A contractual arrangement with a healthcare professional; or

(C) The clinical privileges of a healthcare professional;

(2) "Healthcare professional" means an individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice;

(3) "Licensing authority" means a government agency or board charged with licensing, certifying, or authorizing a healthcare professional to administer health care in this state; and

(4) "Required reporter" means: (A) A facility licensed by the Division of Health Facilities Services; (B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and (C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas.

(A) A facility licensed by the Division of Health Facilities Services;

(B) A facility licensed by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services; and

(C) Any other entity that employs or contracts with healthcare professionals to provide healthcare services to individuals in the State of Arkansas.

(b) The chief executive officer or an official agent of a required reporter or his or her designee shall report to the appropriate licensing authority the following: (1) A final disciplinary action taken against a healthcare professional as a result of the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional; and (2) The voluntary resignation of any healthcare professional against whom a disciplinary action arising from the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional if a disciplinary action is pending.

(1) A final disciplinary action taken against a healthcare professional as a result of the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional; and

(2) The voluntary resignation of any healthcare professional against whom a disciplinary action arising from the diversion, misuse, or abuse of illicit drugs or controlled substances as defined by state and federal law by a healthcare professional if a disciplinary action is pending.

(c) A report required by subsection (b) of this section shall be submitted within seven (7) days of the final disciplinary action or voluntary resignation and shall include without limitation: (1) The name, address, and telephone number of the person who is the subject of the report; and (2) A description of the facts giving rise to the issuance of the report.

(1) The name, address, and telephone number of the person who is the subject of the report; and

(2) A description of the facts giving rise to the issuance of the report.

(d) If a licensing authority receiving a report of disciplinary action under subsection (b) of this section determines, after investigation and due process, that a criminal act may have been committed involving the diversion of controlled substances to one (1) or more third parties by the healthcare professional, the licensing authority shall report the information to the local office of the United States Diversion Control Division of the United States Drug Enforcement Administration.

(e) The chief executive officer or an official agent of a required reporter, or his or her designee, shall report to the appropriate law enforcement agency any final disciplinary action taken against an employee as a result of his or her diversion of controlled substances to one (1) or more third parties when the employee is not a healthcare professional.

(f) The following information shall be exempt from the reporting requirements of this section: (1) Information learned or maintained in connection with an alcohol or drug prevention function that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States to the extent that the reporting is in violation of 42 U.S.C. § 290dd-2 or federal regulations adopted relating to 42 U.S.C. § 290dd-2 , as it existed on January 1, 2015; and (2) Information learned or maintained by a required reporter in the course of providing healthcare services to the healthcare professional.

(1) Information learned or maintained in connection with an alcohol or drug prevention function that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States to the extent that the reporting is in violation of 42 U.S.C. § 290dd-2 or federal regulations adopted relating to 42 U.S.C. § 290dd-2 , as it existed on January 1, 2015; and

(2) Information learned or maintained by a required reporter in the course of providing healthcare services to the healthcare professional.

(g) The duty to report under this section does not require disclosure of communications, proceedings, minutes, records, or reports that are privileged under § 16-46-105 , § 16-46-109 , § 20-9-503 , or any other law of the state.

(h) The duty to report that is required under this section is in addition to, and is not a substitute for, other reporting requirements imposed by applicable federal and state law, including without limitation: (1) Reporting the theft or loss of controlled substances under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.; and (2) Reporting physician misconduct under § 17-95-104 .

(1) Reporting the theft or loss of controlled substances under the federal Controlled Substances Act, 21 U.S.C. § 801 et seq.; and

(2) Reporting physician misconduct under § 17-95-104 .

(i) A required reporter or its agents or employees shall not be liable to any person and are immune from civil liability for filing a report required by this section and the contents of the report.

Added by Act 2015, No. 411,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-87-705 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-705
Scope of work
Status: in_force

(a) (1) A medication assistive person may perform the delegated nursing function of medication administration and related tasks in accordance with rules promulgated by the Arkansas State Board of Nursing. (2) A medication assistive person shall perform medication administration and related tasks only: (A) At a designated facility; and (B) Under the supervision of a licensed nurse. (3) (A) Medication administration shall be limited to the administration of nonprescription and legend drugs ordered by an authorized prescriber by the following methods: (i) Orally; (ii) Topically; (iii) Drops for eye, ear, or nose; (iv) Vaginally; (v) Rectally; (vi) Transdermally; and (vii) Via oral inhaler. (B) Medication administration by a medication assistive person shall not include controlled substances. (b) A medication assistive person shall not: (1) Receive, have access to, or administer any controlled substance; (2) Administer parenteral, enteral, or injectable medications; (3) Administer any substances by nasogastric or gastrostomy tubes; (4) Calculate drug dosages; (5) Destroy medication; (6) Receive orders, either in writing or verbally, for new or changed medications; (7) Transcribe orders from the medical record; (8) Order initial medications; (9) Evaluate medication error reports; (10) Perform treatments; (11) Conduct patient assessments or evaluations; or (12) Engage in patient teaching activities. Acts 2005, No. 1423, § 4.

(a) (1) A medication assistive person may perform the delegated nursing function of medication administration and related tasks in accordance with rules promulgated by the Arkansas State Board of Nursing. (2) A medication assistive person shall perform medication administration and related tasks only: (A) At a designated facility; and (B) Under the supervision of a licensed nurse. (3) (A) Medication administration shall be limited to the administration of nonprescription and legend drugs ordered by an authorized prescriber by the following methods: (i) Orally; (ii) Topically; (iii) Drops for eye, ear, or nose; (iv) Vaginally; (v) Rectally; (vi) Transdermally; and (vii) Via oral inhaler. (B) Medication administration by a medication assistive person shall not include controlled substances.

(1) A medication assistive person may perform the delegated nursing function of medication administration and related tasks in accordance with rules promulgated by the Arkansas State Board of Nursing.

(2) A medication assistive person shall perform medication administration and related tasks only: (A) At a designated facility; and (B) Under the supervision of a licensed nurse.

(A) At a designated facility; and

(B) Under the supervision of a licensed nurse.

(3) (A) Medication administration shall be limited to the administration of nonprescription and legend drugs ordered by an authorized prescriber by the following methods: (i) Orally; (ii) Topically; (iii) Drops for eye, ear, or nose; (iv) Vaginally; (v) Rectally; (vi) Transdermally; and (vii) Via oral inhaler. (B) Medication administration by a medication assistive person shall not include controlled substances.

(A) Medication administration shall be limited to the administration of nonprescription and legend drugs ordered by an authorized prescriber by the following methods: (i) Orally; (ii) Topically; (iii) Drops for eye, ear, or nose; (iv) Vaginally; (v) Rectally; (vi) Transdermally; and (vii) Via oral inhaler.

(i) Orally;

(ii) Topically;

(iii) Drops for eye, ear, or nose;

(iv) Vaginally;

(v) Rectally;

(vi) Transdermally; and

(vii) Via oral inhaler.

(B) Medication administration by a medication assistive person shall not include controlled substances.

(b) A medication assistive person shall not: (1) Receive, have access to, or administer any controlled substance; (2) Administer parenteral, enteral, or injectable medications; (3) Administer any substances by nasogastric or gastrostomy tubes; (4) Calculate drug dosages; (5) Destroy medication; (6) Receive orders, either in writing or verbally, for new or changed medications; (7) Transcribe orders from the medical record; (8) Order initial medications; (9) Evaluate medication error reports; (10) Perform treatments; (11) Conduct patient assessments or evaluations; or (12) Engage in patient teaching activities.

(1) Receive, have access to, or administer any controlled substance;

(2) Administer parenteral, enteral, or injectable medications;

(3) Administer any substances by nasogastric or gastrostomy tubes;

(4) Calculate drug dosages;

(5) Destroy medication;

(6) Receive orders, either in writing or verbally, for new or changed medications;

(7) Transcribe orders from the medical record;

(8) Order initial medications;

(9) Evaluate medication error reports;

(10) Perform treatments;

(11) Conduct patient assessments or evaluations; or

(12) Engage in patient teaching activities.

Acts 2005, No. 1423, § 4.
Ark. Code Ann. § 17-89-104 — AR Code / Title 17 / Chapter 89 / Subchapter 1 / Section 17-89-104
Practice of optometry or medicine prohibited
Status: in_force

(a) With the exception of those acts listed in § 17-89-102(4) , it shall be unlawful for any person except a licensed optometrist or licensed physician skilled in disease of the eye to engage in the practice of optometry or to do any act or part thereof defined in this or any other state law as the practice of optometry. (b) It is likewise unlawful for any person except a licensed physician to engage in the practice of medicine or to do any act or part thereof defined in this or any other state law as the practice of medicine. (c) Nothing in this chapter shall be construed to authorize or permit any licensed or registered dispensing optician or any other person except a licensed optometrist or licensed physician skilled in disease of the eye to undertake or hold himself or herself out as being able: (1) To examine eyes by any objective or subjective method or exercise eyes; (2) To undertake by any method or means the measurement of the cornea of the human eye; or (3) To examine, prescribe, diagnose, treat, or correct for visual deficiency. (d) The prescribing, adapting, fitting, duplicating, dispensing, modifying, selling, or supplying of contact lenses for or to the human eye is specifically prohibited except when done by a licensed optometrist or licensed physician skilled in disease of the eye. Acts 1981, No. 589, §§ 3, 12; A.S.A. 1947, §§ 72-2103, 72-2112.

(a) With the exception of those acts listed in § 17-89-102(4) , it shall be unlawful for any person except a licensed optometrist or licensed physician skilled in disease of the eye to engage in the practice of optometry or to do any act or part thereof defined in this or any other state law as the practice of optometry.

(b) It is likewise unlawful for any person except a licensed physician to engage in the practice of medicine or to do any act or part thereof defined in this or any other state law as the practice of medicine.

(c) Nothing in this chapter shall be construed to authorize or permit any licensed or registered dispensing optician or any other person except a licensed optometrist or licensed physician skilled in disease of the eye to undertake or hold himself or herself out as being able: (1) To examine eyes by any objective or subjective method or exercise eyes; (2) To undertake by any method or means the measurement of the cornea of the human eye; or (3) To examine, prescribe, diagnose, treat, or correct for visual deficiency.

(1) To examine eyes by any objective or subjective method or exercise eyes;

(2) To undertake by any method or means the measurement of the cornea of the human eye; or

(3) To examine, prescribe, diagnose, treat, or correct for visual deficiency.

(d) The prescribing, adapting, fitting, duplicating, dispensing, modifying, selling, or supplying of contact lenses for or to the human eye is specifically prohibited except when done by a licensed optometrist or licensed physician skilled in disease of the eye.

Acts 1981, No. 589, §§ 3, 12; A.S.A. 1947, §§ 72-2103, 72-2112.
Ark. Code Ann. § 17-82-306 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-306
Dental hygienists - Licensing procedure
Status: in_force

(a) (1) A dental hygienist who desires to practice his or her profession in the State of Arkansas shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners, and he or she shall transmit with the written application his or her examination and licensing fee. (2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter. (b) An applicant shall: (1) Have graduated from a dental hygiene program which is accredited by the American Dental Association Commission on Dental Accreditation and approved by the board for the training of dental hygienists; and (2) Submit upon request proof as required by the board touching upon fitness. (c) (1) If the board determines that the applicant is qualified to take the examination required for licensing, the board shall notify the applicant of the time and place to report before it for examination. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of the fee credited to him or her and the increased fee amount. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board. (4) If an applicant makes the grade or percentage required by the board, it shall issue to him or her without further initial cost a license to practice dental hygiene in the State of Arkansas. (d) (1) All licenses shall be numbered and issued consecutively. (2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy. Amended by Act 2019, No. 990,§ 63, eff. 7/24/2019. Acts 1955, No. 14, § 21; 1959, No. 4, § 2; 1973, No. 85, § 4; 1981, No. 889, § 4; A.S.A. 1947, § 72-554; Acts 1995, No. 573, § 1; 2003, No. 377, § 3.

(a) (1) A dental hygienist who desires to practice his or her profession in the State of Arkansas shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners, and he or she shall transmit with the written application his or her examination and licensing fee. (2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter.

(1) A dental hygienist who desires to practice his or her profession in the State of Arkansas shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners, and he or she shall transmit with the written application his or her examination and licensing fee.

(2) The examination and licensing fee shall be determined by the Arkansas State Board of Dental Examiners and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this chapter.

(b) An applicant shall: (1) Have graduated from a dental hygiene program which is accredited by the American Dental Association Commission on Dental Accreditation and approved by the board for the training of dental hygienists; and (2) Submit upon request proof as required by the board touching upon fitness.

(1) Have graduated from a dental hygiene program which is accredited by the American Dental Association Commission on Dental Accreditation and approved by the board for the training of dental hygienists; and

(2) Submit upon request proof as required by the board touching upon fitness.

(c) (1) If the board determines that the applicant is qualified to take the examination required for licensing, the board shall notify the applicant of the time and place to report before it for examination. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of the fee credited to him or her and the increased fee amount. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board. (4) If an applicant makes the grade or percentage required by the board, it shall issue to him or her without further initial cost a license to practice dental hygiene in the State of Arkansas.

(1) If the board determines that the applicant is qualified to take the examination required for licensing, the board shall notify the applicant of the time and place to report before it for examination.

(2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board and the applicant shall be entitled to take any examination required for licensing held at any time within three (3) years thereafter, if he or she is then qualified, without additional fee charge unless the amount of the fee is increased by the board, in which event the applicant must pay the difference between the amount of the fee credited to him or her and the increased fee amount.

(3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board.

(4) If an applicant makes the grade or percentage required by the board, it shall issue to him or her without further initial cost a license to practice dental hygiene in the State of Arkansas.

(d) (1) All licenses shall be numbered and issued consecutively. (2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy.

(1) All licenses shall be numbered and issued consecutively.

(2) If a license is lost or destroyed, the secretary-treasurer shall furnish a certified copy to the licensee upon the payment of a fee to be prescribed by the board. The fee shall be an amount reasonably calculated to cover the cost of furnishing the certified copy.

Amended by Act 2019, No. 990,§ 63, eff. 7/24/2019.

Acts 1955, No. 14, § 21; 1959, No. 4, § 2; 1973, No. 85, § 4; 1981, No. 889, § 4; A.S.A. 1947, § 72-554; Acts 1995, No. 573, § 1; 2003, No. 377, § 3.
Ark. Code Ann. § 17-95-104 — AR Code / Title 17 / Chapter 95 / Subchapter 1 / Section 17-95-104
Hospital's duty to report physician misconduct
Status: in_force

(a) (1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action. (2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse. (b) The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician. (c) No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report. (d) Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information: (1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order; (2) To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician's hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or (3) Pursuant to an order of a court of competent jurisdiction. Amended by Act 2019, No. 990,§ 96, eff. 7/24/2019. Acts 1977, No. 451, §§ 1-4; A.S.A. 1947, §§ 72-634 -- 72-637.

(a) (1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action. (2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse.

(1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action.

(2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse.

(b) The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician.

(c) No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report.

(d) Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information: (1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order; (2) To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician's hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or (3) Pursuant to an order of a court of competent jurisdiction.

(1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order;

(2) To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician's hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or

(3) Pursuant to an order of a court of competent jurisdiction.

Amended by Act 2019, No. 990,§ 96, eff. 7/24/2019.

Acts 1977, No. 451, §§ 1-4; A.S.A. 1947, §§ 72-634 -- 72-637.
Ark. Code Ann. § 17-52-320 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-320
Limitations
Status: in_force

(a) Any cause of action to recover damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report must be commenced within one (1) year from the date the home inspection report is completed. (b) Disciplinary action taken against a home inspector by the State Board of Appraisers, Abstracters, and Home Inspectors shall not in and of itself be the basis for civil or criminal action. Amended by Act 2023, No. 628,§ 65, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) Any cause of action to recover damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report must be commenced within one (1) year from the date the home inspection report is completed.

(b) Disciplinary action taken against a home inspector by the State Board of Appraisers, Abstracters, and Home Inspectors shall not in and of itself be the basis for civil or criminal action.

Amended by Act 2023, No. 628,§ 65, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-42-108 — AR Code / Title 17 / Chapter 42 / Subchapter 1 / Section 17-42-108
Disclosure requirement
Status: in_force

(a) (1) In every real estate transaction involving a licensee, the licensee shall clearly disclose to all parties or to their agents which party or parties he or she is representing. (2) A licensee may represent more than one (1) party to a real estate transaction pursuant to and subject to rules of the Arkansas Real Estate Commission. (b) The timing, method, and other requirements of such a disclosure shall be established by the commission, and the commission shall also determine the consequences of failure to make disclosure in accordance with such requirements. Amended by Act 2019, No. 315,§ 1458, eff. 7/24/2019. Acts 1993, No. 690, § 16; 1995, No. 399, § 1.

(a) (1) In every real estate transaction involving a licensee, the licensee shall clearly disclose to all parties or to their agents which party or parties he or she is representing. (2) A licensee may represent more than one (1) party to a real estate transaction pursuant to and subject to rules of the Arkansas Real Estate Commission.

(1) In every real estate transaction involving a licensee, the licensee shall clearly disclose to all parties or to their agents which party or parties he or she is representing.

(2) A licensee may represent more than one (1) party to a real estate transaction pursuant to and subject to rules of the Arkansas Real Estate Commission.

(b) The timing, method, and other requirements of such a disclosure shall be established by the commission, and the commission shall also determine the consequences of failure to make disclosure in accordance with such requirements.

Amended by Act 2019, No. 315,§ 1458, eff. 7/24/2019.

Acts 1993, No. 690, § 16; 1995, No. 399, § 1.
Ark. Code Ann. § 17-53-206 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-206
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 10.

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

Acts 1997, No. 1237, § 10.
Ark. Code Ann. § 17-100-204 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-204
Director
Status: in_force

(a) The Board of Examiners in Speech-Language Pathology and Audiology may employ and discharge, in consultation with the Secretary for the State Board of Health, a Director of the Board of Examiners in Speech-Language Pathology and Audiology as may be necessary to carry out the duties of the board. (b) The board shall outline duties and fix compensation of the director in accordance with law. (c) The amount of per diem and mileage and expense moneys paid to the director shall be in accordance with applicable law. Amended by Act 2019, No. 910,§ 4906, eff. 7/1/2019. Acts 1975, No. 277, § 5; A.S.A. 1947, § 72-1805.

(a) The Board of Examiners in Speech-Language Pathology and Audiology may employ and discharge, in consultation with the Secretary for the State Board of Health, a Director of the Board of Examiners in Speech-Language Pathology and Audiology as may be necessary to carry out the duties of the board.

(b) The board shall outline duties and fix compensation of the director in accordance with law.

(c) The amount of per diem and mileage and expense moneys paid to the director shall be in accordance with applicable law.

Amended by Act 2019, No. 910,§ 4906, eff. 7/1/2019.

Acts 1975, No. 277, § 5; A.S.A. 1947, § 72-1805.
Ark. Code Ann. § 17-98-302 — AR Code / Title 17 / Chapter 98 / Subchapter 3 / Section 17-98-302
Admission to examination
Status: in_force

(a) The State Board of Health shall admit to examination any person who makes application to the Secretary for the State Board of Health on forms prescribed and furnished by the board, pays an application fee set by the board to defray the expense of examination, and submits satisfactory proof to the board that he or she: (1) Meets the minimum educational requirements; (2) Meets the minimum specialized training requirements, as determined by the board; (3) Has had two (2) years of field experience in human immunodeficiency virus/sexually transmitted disease intervention; and (4) Is actively engaged in the field of human immunodeficiency virus/sexually transmitted disease intervention at the time he or she makes application. (b) The minimum educational requirements for admission to examination for registration as a disease intervention specialist shall be as follows: (1) A bachelor's or master's of public health degree with specialization in disease intervention from a school of public health approved by the board; or (2) A bachelor's degree with a minimum of thirty (30) semester hours or its equivalent in biology, chemistry, physics, math, sociology, psychology, or criminal justice, plus two (2) years' experience in disease intervention or training courses approved by the board. (c) Any person meeting the educational and specialized training requirements of this chapter who does not meet the experience requirements of this chapter may make application to the board, through a process prescribed by the board, for acceptance as an associate disease intervention specialist. The board shall accept such an application when submitted, if accompanied by the required fee. (d) Any person who meets the educational requirements of this chapter but does not meet the specialized training requirements established for an associate disease intervention specialist may make application to the board, through a process prescribed by the board, for acceptance as a disease intervention specialist-in-training. Amended by Act 2023, No. 365,§ 50, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 112, eff. 7/24/2019. Acts 1993, No. 107, § 10.

(a) The State Board of Health shall admit to examination any person who makes application to the Secretary for the State Board of Health on forms prescribed and furnished by the board, pays an application fee set by the board to defray the expense of examination, and submits satisfactory proof to the board that he or she: (1) Meets the minimum educational requirements; (2) Meets the minimum specialized training requirements, as determined by the board; (3) Has had two (2) years of field experience in human immunodeficiency virus/sexually transmitted disease intervention; and (4) Is actively engaged in the field of human immunodeficiency virus/sexually transmitted disease intervention at the time he or she makes application.

(1) Meets the minimum educational requirements;

(2) Meets the minimum specialized training requirements, as determined by the board;

(3) Has had two (2) years of field experience in human immunodeficiency virus/sexually transmitted disease intervention; and

(4) Is actively engaged in the field of human immunodeficiency virus/sexually transmitted disease intervention at the time he or she makes application.

(b) The minimum educational requirements for admission to examination for registration as a disease intervention specialist shall be as follows: (1) A bachelor's or master's of public health degree with specialization in disease intervention from a school of public health approved by the board; or (2) A bachelor's degree with a minimum of thirty (30) semester hours or its equivalent in biology, chemistry, physics, math, sociology, psychology, or criminal justice, plus two (2) years' experience in disease intervention or training courses approved by the board.

(1) A bachelor's or master's of public health degree with specialization in disease intervention from a school of public health approved by the board; or

(2) A bachelor's degree with a minimum of thirty (30) semester hours or its equivalent in biology, chemistry, physics, math, sociology, psychology, or criminal justice, plus two (2) years' experience in disease intervention or training courses approved by the board.

(c) Any person meeting the educational and specialized training requirements of this chapter who does not meet the experience requirements of this chapter may make application to the board, through a process prescribed by the board, for acceptance as an associate disease intervention specialist. The board shall accept such an application when submitted, if accompanied by the required fee.

(d) Any person who meets the educational requirements of this chapter but does not meet the specialized training requirements established for an associate disease intervention specialist may make application to the board, through a process prescribed by the board, for acceptance as a disease intervention specialist-in-training.

Amended by Act 2023, No. 365,§ 50, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 112, eff. 7/24/2019.

Acts 1993, No. 107, § 10.
Ark. Code Ann. § 17-48-106 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-106
Failure to file boundary survey
Status: in_force

(a) (1) A licensed professional surveyor is not required to file a plat until he or she has been paid for performing the survey. (2) A licensed professional surveyor shall file the plat with the Division of Land Surveys of the Arkansas Geographic Information Systems Office within thirty (30) days after payment for performing the survey or the plat is completed, whichever event occurs last. (b) The sole purpose of filing the plat shall be to identify the person or persons who made the plat and survey and placed the survey markers and shall not be used to evidence adverse possession or as evidence in boundary disputes. (c) The provisions of this chapter shall not apply to surveys hereafter made of subdivided property located in a municipality where property has previously been surveyed and a plat filed. (d) Any licensed professional surveyor who shall fail or refuse to file the survey as provided by this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or imprisonment for not less than thirty (30) days nor more than six (6) months, or subject to both fine and imprisonment. Amended by Act 2015EX1, No. 8,§ 149, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 149, eff. 7/1/2015. Acts 1969, No. 645, §§ 1, 2; A.S.A. 1947, §§ 71-2312, 71-2313; Acts 2001, No. 591, § 3; 2007, No. 1040, § 1.

(a) (1) A licensed professional surveyor is not required to file a plat until he or she has been paid for performing the survey. (2) A licensed professional surveyor shall file the plat with the Division of Land Surveys of the Arkansas Geographic Information Systems Office within thirty (30) days after payment for performing the survey or the plat is completed, whichever event occurs last.

(1) A licensed professional surveyor is not required to file a plat until he or she has been paid for performing the survey.

(2) A licensed professional surveyor shall file the plat with the Division of Land Surveys of the Arkansas Geographic Information Systems Office within thirty (30) days after payment for performing the survey or the plat is completed, whichever event occurs last.

(b) The sole purpose of filing the plat shall be to identify the person or persons who made the plat and survey and placed the survey markers and shall not be used to evidence adverse possession or as evidence in boundary disputes.

(c) The provisions of this chapter shall not apply to surveys hereafter made of subdivided property located in a municipality where property has previously been surveyed and a plat filed.

(d) Any licensed professional surveyor who shall fail or refuse to file the survey as provided by this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or imprisonment for not less than thirty (30) days nor more than six (6) months, or subject to both fine and imprisonment.

Amended by Act 2015EX1, No. 8,§ 149, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 149, eff. 7/1/2015.

Acts 1969, No. 645, §§ 1, 2; A.S.A. 1947, §§ 71-2312, 71-2313; Acts 2001, No. 591, § 3; 2007, No. 1040, § 1.
Ark. Code Ann. § 17-27-304 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-304
Licensed marriage and family therapist - Qualifications - Application after January 1, 1998
Status: in_force

The Arkansas Board of Examiners in Counseling shall issue a license as a marriage and family therapist to each applicant who files an application after January 1, 1998, upon a form and in a manner as the board prescribes accompanied by a fee as set by the board if he or she meets the qualifications set forth in § 17-27-303(1) -(3) and if the applicant provides satisfactory evidence to the board that he or she: (1) Meets educational experience qualifications as follows: (A) Educational Requirements. A master's degree or a doctoral degree in marriage and family therapy from a regionally accredited educational institution or a graduate degree in the allied fields referred to in § 17-27-303(4) from a regionally accredited educational institution and graduate level course work which is equivalent to a master's degree in marriage and family therapy as determined by the board; and (B) Experience Requirements. The applicant has three thousand (3,000) client contact hours of supervised full-time experience in marriage and family therapy acceptable to the board. Two thousand (2,000) client contact hours may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of marriage and family therapy and are acceptable to the board. The applicant may not have less than one thousand (1,000) client contact hours of professional supervised experience; and (2) Passes an examination or examinations administered by the board. Amended by Act 2019, No. 370,§ 2, eff. 7/24/2019. Acts 1997, No. 244, § 4.

The Arkansas Board of Examiners in Counseling shall issue a license as a marriage and family therapist to each applicant who files an application after January 1, 1998, upon a form and in a manner as the board prescribes accompanied by a fee as set by the board if he or she meets the qualifications set forth in § 17-27-303(1) -(3) and if the applicant provides satisfactory evidence to the board that he or she:

(1) Meets educational experience qualifications as follows: (A) Educational Requirements. A master's degree or a doctoral degree in marriage and family therapy from a regionally accredited educational institution or a graduate degree in the allied fields referred to in § 17-27-303(4) from a regionally accredited educational institution and graduate level course work which is equivalent to a master's degree in marriage and family therapy as determined by the board; and (B) Experience Requirements. The applicant has three thousand (3,000) client contact hours of supervised full-time experience in marriage and family therapy acceptable to the board. Two thousand (2,000) client contact hours may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of marriage and family therapy and are acceptable to the board. The applicant may not have less than one thousand (1,000) client contact hours of professional supervised experience; and

(A) Educational Requirements. A master's degree or a doctoral degree in marriage and family therapy from a regionally accredited educational institution or a graduate degree in the allied fields referred to in § 17-27-303(4) from a regionally accredited educational institution and graduate level course work which is equivalent to a master's degree in marriage and family therapy as determined by the board; and

(B) Experience Requirements. The applicant has three thousand (3,000) client contact hours of supervised full-time experience in marriage and family therapy acceptable to the board. Two thousand (2,000) client contact hours may be gained for each sixty (60) graduate semester hours earned beyond the master's degree, provided that the hours are clearly related to the field of marriage and family therapy and are acceptable to the board. The applicant may not have less than one thousand (1,000) client contact hours of professional supervised experience; and

(2) Passes an examination or examinations administered by the board.

Amended by Act 2019, No. 370,§ 2, eff. 7/24/2019.

Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-19-303 — AR Code / Title 17 / Chapter 19 / Subchapter 3 / Section 17-19-303
Bail bonds - Numbers - Report
Status: in_force

(a) Bail bonds shall be written on numbered forms. (b) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall assign numbers for forms to professional bail bond companies and shall prescribe the method of affixing the numbers to the forms. (c) (1) Each professional bail bond company shall file a bail bond report quarterly with the board. (2) The report shall include the following information on each bail bond: (A) The assigned number of the bond and current status of the bond, whether pending disposition or exonerated; (B) To whom the bond was written; (C) The date the bail bond was written; (D) The defendant and the charges against the defendant; (E) The court; (F) The amount of the bail bond; and (G) The portion of the bail bond that is secured and the unsecured portion. Acts 1989, No. 417, § 1; 1995, No. 827, § 7.

(a) Bail bonds shall be written on numbered forms.

(b) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall assign numbers for forms to professional bail bond companies and shall prescribe the method of affixing the numbers to the forms.

(c) (1) Each professional bail bond company shall file a bail bond report quarterly with the board. (2) The report shall include the following information on each bail bond: (A) The assigned number of the bond and current status of the bond, whether pending disposition or exonerated; (B) To whom the bond was written; (C) The date the bail bond was written; (D) The defendant and the charges against the defendant; (E) The court; (F) The amount of the bail bond; and (G) The portion of the bail bond that is secured and the unsecured portion.

(1) Each professional bail bond company shall file a bail bond report quarterly with the board.

(2) The report shall include the following information on each bail bond: (A) The assigned number of the bond and current status of the bond, whether pending disposition or exonerated; (B) To whom the bond was written; (C) The date the bail bond was written; (D) The defendant and the charges against the defendant; (E) The court; (F) The amount of the bail bond; and (G) The portion of the bail bond that is secured and the unsecured portion.

(A) The assigned number of the bond and current status of the bond, whether pending disposition or exonerated;

(B) To whom the bond was written;

(C) The date the bail bond was written;

(D) The defendant and the charges against the defendant;

(E) The court;

(F) The amount of the bail bond; and

(G) The portion of the bail bond that is secured and the unsecured portion.

Acts 1989, No. 417, § 1; 1995, No. 827, § 7.
Ark. Code Ann. § 17-38-202 — AR Code / Title 17 / Chapter 38 / Subchapter 2 / Section 17-38-202
Committee of Plumbing Examiners
Status: in_force

(a) (1) The State Board of Health shall appoint a Committee of Plumbing Examiners consisting of seven (7) voting members, prescribe their qualifications, and assign their duties. (2) Qualifications of the members of the committee shall be as follows: (A) Two (2) of the members shall be master plumbers; (B) One (1) shall be a journeyman plumber; (C) One (1) shall be a professional engineer as defined in § 17-30-101 with special expertise in plumbing design; (D) Two (2) shall be consumers; and (E) One (1) shall be a representative of the Department of Health. (b) The member from the department shall serve on the committee until replaced by the Secretary of the Department of Health. (c) The term of office for the remaining members shall be for a staggered term of four (4) years. The board may remove a member for cause. (d) When so directed, the committee and other employees of the department shall serve the board in an advisory capacity in the formulating of rules to be adopted by the board. (e) Those members of the committee who are not employees of the State of Arkansas may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (f) The Director of the Plumbing and Natural Gas Section of the Department of Health shall serve as executive secretary for the committee. Amended by Act 2019, No. 315,§ 1449, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 472, eff. 7/1/2019. Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207; Acts 1987, No. 816, § 3; 1991, No. 330, § 1; 1997, No. 250, § 144; 2011, No. 897, § 14.

(a) (1) The State Board of Health shall appoint a Committee of Plumbing Examiners consisting of seven (7) voting members, prescribe their qualifications, and assign their duties. (2) Qualifications of the members of the committee shall be as follows: (A) Two (2) of the members shall be master plumbers; (B) One (1) shall be a journeyman plumber; (C) One (1) shall be a professional engineer as defined in § 17-30-101 with special expertise in plumbing design; (D) Two (2) shall be consumers; and (E) One (1) shall be a representative of the Department of Health.

(1) The State Board of Health shall appoint a Committee of Plumbing Examiners consisting of seven (7) voting members, prescribe their qualifications, and assign their duties.

(2) Qualifications of the members of the committee shall be as follows: (A) Two (2) of the members shall be master plumbers; (B) One (1) shall be a journeyman plumber; (C) One (1) shall be a professional engineer as defined in § 17-30-101 with special expertise in plumbing design; (D) Two (2) shall be consumers; and (E) One (1) shall be a representative of the Department of Health.

(A) Two (2) of the members shall be master plumbers;

(B) One (1) shall be a journeyman plumber;

(C) One (1) shall be a professional engineer as defined in § 17-30-101 with special expertise in plumbing design;

(D) Two (2) shall be consumers; and

(E) One (1) shall be a representative of the Department of Health.

(b) The member from the department shall serve on the committee until replaced by the Secretary of the Department of Health.

(c) The term of office for the remaining members shall be for a staggered term of four (4) years. The board may remove a member for cause.

(d) When so directed, the committee and other employees of the department shall serve the board in an advisory capacity in the formulating of rules to be adopted by the board.

(e) Those members of the committee who are not employees of the State of Arkansas may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(f) The Director of the Plumbing and Natural Gas Section of the Department of Health shall serve as executive secretary for the committee.

Amended by Act 2019, No. 315,§ 1449, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 472, eff. 7/1/2019.

Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207; Acts 1987, No. 816, § 3; 1991, No. 330, § 1; 1997, No. 250, § 144; 2011, No. 897, § 14.
Ark. Code Ann. § 17-82-802 — AR Code / Title 17 / Chapter 82 / Subchapter 8 / Section 17-82-802
License eligibility
Status: in_force

A person shall not be eligible to receive or hold a license to practice dentistry or another healthcare profession issued by the Arkansas State Board of Dental Examiners if the person has pleaded guilty or nolo contendere or has been found guilty of a felony listed under § 17-3-102 . Amended by Act 2019, No. 990,§ 66, eff. 7/24/2019. Acts 2011, No. 47, § 1.

A person shall not be eligible to receive or hold a license to practice dentistry or another healthcare profession issued by the Arkansas State Board of Dental Examiners if the person has pleaded guilty or nolo contendere or has been found guilty of a felony listed under § 17-3-102 .

Amended by Act 2019, No. 990,§ 66, eff. 7/24/2019.

Acts 2011, No. 47, § 1.
Ark. Code Ann. § 17-20-409 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-409
Fees
Status: in_force

(a) No school or college of barbering shall be approved by the State Board of Barber Examiners and no license shall be issued to operate or conduct any school or college of barbering until the applicant pays the initial license fee of five hundred dollars ($500). Thereafter the school or college shall pay an annual renewal fee of one hundred fifty dollars ($150). (b) Other fees applicable to barber schools or colleges are: (1) Teacher manager instructor examination ............... $80.00 (2) Teacher manager instructor license ............... 40.00 (3) Restoration of a teacher manager instructor license ............... 48.00. Amended by Act 2019, No. 386,§ 4, eff. 7/24/2019. Acts 1961, No. 109, §§ 5, 10; 1975, No. 538, §§ 2-4; 1981, No. 103, § 3; 1985, No. 137, §§ 2, 3; A.S.A. 1947, §§ 71-527, 71-532.

(a) No school or college of barbering shall be approved by the State Board of Barber Examiners and no license shall be issued to operate or conduct any school or college of barbering until the applicant pays the initial license fee of five hundred dollars ($500). Thereafter the school or college shall pay an annual renewal fee of one hundred fifty dollars ($150).

(b) Other fees applicable to barber schools or colleges are: (1) Teacher manager instructor examination ............... $80.00 (2) Teacher manager instructor license ............... 40.00 (3) Restoration of a teacher manager instructor license ............... 48.00.

(1) Teacher manager instructor examination ............... $80.00

(2) Teacher manager instructor license ............... 40.00

(3) Restoration of a teacher manager instructor license ............... 48.00.

Amended by Act 2019, No. 386,§ 4, eff. 7/24/2019.

Acts 1961, No. 109, §§ 5, 10; 1975, No. 538, §§ 2-4; 1981, No. 103, § 3; 1985, No. 137, §§ 2, 3; A.S.A. 1947, §§ 71-527, 71-532.
Ark. Code Ann. § 17-40-208 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-208
Training of personnel
Status: in_force

(a) The Director of the Division of Arkansas State Police shall establish minimum training requirements under this chapter for a private security officer, a commissioned security officer, and a commissioned school security officer. (b) For a private security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the private security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; and (4) Other topics that the director deems necessary. (c) For a commissioned security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Range firing and procedure and handgun safety and maintenance; and (5) Other topics the director deems necessary. (d) For a commissioned school security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned school security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Fundamental use of firearms, including firearm safety drills, tactics, and required qualification on an approved course of fire; (5) Active shooter training; (6) Active shooter simulation scenarios; (7) Trauma care; (8) Defensive tactics; (9) Weapon retention; (10) Handgun safety and maintenance; and (11) Other topics the director deems necessary. (e) When an individual meets the training requirements approved by the director, that individual shall not be required to be retrained until two (2) years after the private security officer, commissioned security officer, or commissioned school security officer is commissioned. Amended by Act 2019, No. 910,§ 5966, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 54, eff. 9/1/2015. Acts 1977, No. 429, § 36; 1979, No. 907, § 20; 1981, No. 792, § 18; 1983, No. 899, § 10; A.S.A. 1947, § 71-2157; Acts 2005, No. 2237, § 7.

(a) The Director of the Division of Arkansas State Police shall establish minimum training requirements under this chapter for a private security officer, a commissioned security officer, and a commissioned school security officer.

(b) For a private security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the private security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; and (4) Other topics that the director deems necessary.

(1) Legal limitations on the use of firearms and on the powers and authority of the private security officer;

(2) Familiarity with this chapter;

(3) Field note taking and report writing; and

(4) Other topics that the director deems necessary.

(c) For a commissioned security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Range firing and procedure and handgun safety and maintenance; and (5) Other topics the director deems necessary.

(1) Legal limitations on the use of firearms and on the powers and authority of the commissioned security officer;

(2) Familiarity with this chapter;

(3) Field note taking and report writing;

(4) Range firing and procedure and handgun safety and maintenance; and

(5) Other topics the director deems necessary.

(d) For a commissioned school security officer, the minimum training requirements under this chapter include without limitation the following topics: (1) Legal limitations on the use of firearms and on the powers and authority of the commissioned school security officer; (2) Familiarity with this chapter; (3) Field note taking and report writing; (4) Fundamental use of firearms, including firearm safety drills, tactics, and required qualification on an approved course of fire; (5) Active shooter training; (6) Active shooter simulation scenarios; (7) Trauma care; (8) Defensive tactics; (9) Weapon retention; (10) Handgun safety and maintenance; and (11) Other topics the director deems necessary.

(1) Legal limitations on the use of firearms and on the powers and authority of the commissioned school security officer;

(2) Familiarity with this chapter;

(3) Field note taking and report writing;

(4) Fundamental use of firearms, including firearm safety drills, tactics, and required qualification on an approved course of fire;

(5) Active shooter training;

(6) Active shooter simulation scenarios;

(7) Trauma care;

(8) Defensive tactics;

(9) Weapon retention;

(10) Handgun safety and maintenance; and

(11) Other topics the director deems necessary.

(e) When an individual meets the training requirements approved by the director, that individual shall not be required to be retrained until two (2) years after the private security officer, commissioned security officer, or commissioned school security officer is commissioned.

Amended by Act 2019, No. 910,§ 5966, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 54, eff. 9/1/2015.

Acts 1977, No. 429, § 36; 1979, No. 907, § 20; 1981, No. 792, § 18; 1983, No. 899, § 10; A.S.A. 1947, § 71-2157; Acts 2005, No. 2237, § 7.
Ark. Code Ann. § 17-14-411 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-411
Injunctive relief - Criminal penalty
Status: in_force

(a) The State Board of Appraisers, Abstracters, and Home Inspectors may appear in its own name in a circuit court of competent jurisdiction to obtain injunctive relief to prevent a person from violating this subchapter. (b) The circuit court may grant a temporary or permanent injunction regardless of whether: (1) Criminal prosecution has been or may be instituted as a result of the violation of this subchapter; or (2) The person is the holder of a registration issued by the board. (c) A violation of this subchapter is a Class D felony. Amended by Act 2023, No. 628,§ 45, eff. 7/1/2023. Acts 2009, No. 628, § 1.

(a) The State Board of Appraisers, Abstracters, and Home Inspectors may appear in its own name in a circuit court of competent jurisdiction to obtain injunctive relief to prevent a person from violating this subchapter.

(b) The circuit court may grant a temporary or permanent injunction regardless of whether: (1) Criminal prosecution has been or may be instituted as a result of the violation of this subchapter; or (2) The person is the holder of a registration issued by the board.

(1) Criminal prosecution has been or may be instituted as a result of the violation of this subchapter; or

(2) The person is the holder of a registration issued by the board.

(c) A violation of this subchapter is a Class D felony.

Amended by Act 2023, No. 628,§ 45, eff. 7/1/2023.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-92-1007 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1007
Enforcement
Status: in_force

Any violation of this subchapter is an unconscionable act or practice under § 4-88-107 . Acts 2001, No. 1411, § 7.

Any violation of this subchapter is an unconscionable act or practice under § 4-88-107 .

Acts 2001, No. 1411, § 7.
Ark. Code Ann. § 17-43-203 — AR Code / Title 17 / Chapter 43 / Subchapter 2 / Section 17-43-203
Duties and powers
Status: in_force

(a) The Arkansas State Board of Sanitarians shall have such authority as is reasonably necessary to administer this chapter. (b) The Chair of the Arkansas State Board of Sanitarians and the Secretary of the Arkansas State Board of Sanitarians may administer oaths and subpoena witnesses. (c) The secretary shall keep a record of all proceedings of the board, including a register of all holders of a current certificate of registration. These records shall be open to the public at all reasonable times. (d) [Repealed.] (e) As a means to maintain professional competency, the board shall promulgate rules establishing standards for continuing education. The continuing education units shall be direct participation in a course or courses approved by the board. The standards shall be established in a manner to assure that a variety of alternative forms of continuing education are available to registered sanitarians, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published. The standards should recognize specialized areas of endeavor. The board may contract with another agency or association to perform part or all of the duties in establishing procedures to record and retain continuing education units data for all registered sanitarians in good standing. (f) The board shall have power to determine all matters within its jurisdiction, subject to review of the circuit court or at the option of the aggrieved party by the circuit court of the county in which he or she resides. Amended by Act 2019, No. 315,§ 1469, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4861, eff. 7/1/2019. Acts 1957, No. 281, §§ 6, 19; 1985, No. 582, § 3; A.S.A. 1947, §§ 71-1606, 71-1619.

(a) The Arkansas State Board of Sanitarians shall have such authority as is reasonably necessary to administer this chapter.

(b) The Chair of the Arkansas State Board of Sanitarians and the Secretary of the Arkansas State Board of Sanitarians may administer oaths and subpoena witnesses.

(c) The secretary shall keep a record of all proceedings of the board, including a register of all holders of a current certificate of registration. These records shall be open to the public at all reasonable times.

(d) [Repealed.]

(e) As a means to maintain professional competency, the board shall promulgate rules establishing standards for continuing education. The continuing education units shall be direct participation in a course or courses approved by the board. The standards shall be established in a manner to assure that a variety of alternative forms of continuing education are available to registered sanitarians, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published. The standards should recognize specialized areas of endeavor. The board may contract with another agency or association to perform part or all of the duties in establishing procedures to record and retain continuing education units data for all registered sanitarians in good standing.

(f) The board shall have power to determine all matters within its jurisdiction, subject to review of the circuit court or at the option of the aggrieved party by the circuit court of the county in which he or she resides.

Amended by Act 2019, No. 315,§ 1469, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4861, eff. 7/1/2019.

Acts 1957, No. 281, §§ 6, 19; 1985, No. 582, § 3; A.S.A. 1947, §§ 71-1606, 71-1619.
Ark. Code Ann. § 17-32-313 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-313
Reissuance of registration
Status: in_force

By majority vote of a quorum, the State Board of Registration for Professional Geologists may reissue a certificate of registration to any person whose certificate has been revoked, upon written application to the board by the applicant showing good cause to justify reissuance. Acts 1987, No. 470, § 18; 1987, No. 701, § 19.

By majority vote of a quorum, the State Board of Registration for Professional Geologists may reissue a certificate of registration to any person whose certificate has been revoked, upon written application to the board by the applicant showing good cause to justify reissuance.

Acts 1987, No. 470, § 18; 1987, No. 701, § 19.
Ark. Code Ann. § 17-39-205 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-205
License in another state or territory
Status: in_force

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a two-year license by the Director of the Division of Arkansas State Police upon the production of satisfactory proof that the applicant: (1) (A) Meets the requirements of §§ 17-39-202 and 17-39-204 . (B) The director may waive the requirements of § 17-39-202(3) and (4) for the licensing of polygraph examiners from a particular state or territory of the United States when, at the date of the applicant's licensing in that state, the license is substantially equivalent to the requirements now in force in this state; (2) Has paid the fee under § 17-39-207(a)(1) ; and (3) Had been actively and lawfully engaged in the administration of polygraph examinations under the laws of that state or territory for at least two (2) years before his or her application was submitted for a license under this subchapter and subchapter 1. Amended by Act 2019, No. 910,§ 5938, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 15, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 14, eff. 8/16/2013. Acts 1967, No. 413, § 11; A.S.A. 1947, § 71-2210; Acts 1993, No. 1219, § 8.

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a two-year license by the Director of the Division of Arkansas State Police upon the production of satisfactory proof that the applicant:

(1) (A) Meets the requirements of §§ 17-39-202 and 17-39-204 . (B) The director may waive the requirements of § 17-39-202(3) and (4) for the licensing of polygraph examiners from a particular state or territory of the United States when, at the date of the applicant's licensing in that state, the license is substantially equivalent to the requirements now in force in this state;

(A) Meets the requirements of §§ 17-39-202 and 17-39-204 .

(B) The director may waive the requirements of § 17-39-202(3) and (4) for the licensing of polygraph examiners from a particular state or territory of the United States when, at the date of the applicant's licensing in that state, the license is substantially equivalent to the requirements now in force in this state;

(2) Has paid the fee under § 17-39-207(a)(1) ; and

(3) Had been actively and lawfully engaged in the administration of polygraph examinations under the laws of that state or territory for at least two (2) years before his or her application was submitted for a license under this subchapter and subchapter 1.

Amended by Act 2019, No. 910,§ 5938, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 15, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 14, eff. 8/16/2013.

Acts 1967, No. 413, § 11; A.S.A. 1947, § 71-2210; Acts 1993, No. 1219, § 8.
Ark. Code Ann. § 17-22-201 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-201
Creation - Members
Status: in_force

(a) A State Athletic Commission is created, which shall consist of seven (7) members who shall be at least twenty-five (25) years of age. (b) (1) Members shall be appointed by the Governor for a term of two (2) years. (2) One (1) of the members of the commission shall be a member of any patriotic organization chartered by authority of a special act of the United States Congress. (3) One (1) member shall be a representative of the field of physical education. (4) One (1) member shall be a representative of the field of sports promotion. (5) One (1) member shall be a consumer representative. (6) Two (2) members may be citizens at large but shall have experience with combative sports. (7) One (1) member shall be a representative of the field of medicine and have experience with combative sports. (8) (A) Furthermore, one (1) of the seven (7) members of the commission shall be a member of a minority race. (B) One (1) of the seven (7) members shall be a senior citizen. (C) Four (4) of the seven (7) members shall have experience with combative sports. (c) The members of the commission shall serve without pay except for a stipend provided for by Arkansas law. (d) The members of the commission shall have authority to promulgate such rules as are necessary for the operation and enforcement of this chapter and not in conflict with this chapter. (e) The members of the commission may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) When any member of the commission shall cease to be a member of the state executive committee of any such patriotic organization as herein mentioned, his or her commission as a member of the commission shall automatically expire. The Governor shall appoint a successor, whose qualifications shall be as prescribed in this section. Amended by Act 2019, No. 315,§ 1370, eff. 7/24/2019. Amended by Act 2019, No. 923,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 1096,§ 2, eff. 8/16/2013. Acts 1927, No. 131, §§ 2, 3; Pope's Dig., § 12062; Acts 1985, No. 970, § 2; A.S.A. 1947, §§ 84-2903, 84-2904; Acts 1991, No. 1188, § 1; 1997, No. 250, § 130; 2009, No. 781, § 2. See Act 2013, No. 482, § 1.

(a) A State Athletic Commission is created, which shall consist of seven (7) members who shall be at least twenty-five (25) years of age.

(b) (1) Members shall be appointed by the Governor for a term of two (2) years. (2) One (1) of the members of the commission shall be a member of any patriotic organization chartered by authority of a special act of the United States Congress. (3) One (1) member shall be a representative of the field of physical education. (4) One (1) member shall be a representative of the field of sports promotion. (5) One (1) member shall be a consumer representative. (6) Two (2) members may be citizens at large but shall have experience with combative sports. (7) One (1) member shall be a representative of the field of medicine and have experience with combative sports. (8) (A) Furthermore, one (1) of the seven (7) members of the commission shall be a member of a minority race. (B) One (1) of the seven (7) members shall be a senior citizen. (C) Four (4) of the seven (7) members shall have experience with combative sports.

(1) Members shall be appointed by the Governor for a term of two (2) years.

(2) One (1) of the members of the commission shall be a member of any patriotic organization chartered by authority of a special act of the United States Congress.

(3) One (1) member shall be a representative of the field of physical education.

(4) One (1) member shall be a representative of the field of sports promotion.

(5) One (1) member shall be a consumer representative.

(6) Two (2) members may be citizens at large but shall have experience with combative sports.

(7) One (1) member shall be a representative of the field of medicine and have experience with combative sports.

(8) (A) Furthermore, one (1) of the seven (7) members of the commission shall be a member of a minority race. (B) One (1) of the seven (7) members shall be a senior citizen. (C) Four (4) of the seven (7) members shall have experience with combative sports.

(A) Furthermore, one (1) of the seven (7) members of the commission shall be a member of a minority race.

(B) One (1) of the seven (7) members shall be a senior citizen.

(C) Four (4) of the seven (7) members shall have experience with combative sports.

(c) The members of the commission shall serve without pay except for a stipend provided for by Arkansas law.

(d) The members of the commission shall have authority to promulgate such rules as are necessary for the operation and enforcement of this chapter and not in conflict with this chapter.

(e) The members of the commission may receive expense reimbursement in accordance with § 25-16-901 et seq.

(f) When any member of the commission shall cease to be a member of the state executive committee of any such patriotic organization as herein mentioned, his or her commission as a member of the commission shall automatically expire. The Governor shall appoint a successor, whose qualifications shall be as prescribed in this section.

Amended by Act 2019, No. 315,§ 1370, eff. 7/24/2019.

Amended by Act 2019, No. 923,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 1096,§ 2, eff. 8/16/2013.

Acts 1927, No. 131, §§ 2, 3; Pope's Dig., § 12062; Acts 1985, No. 970, § 2; A.S.A. 1947, §§ 84-2903, 84-2904; Acts 1991, No. 1188, § 1; 1997, No. 250, § 130; 2009, No. 781, § 2.

See Act 2013, No. 482, § 1.
Ark. Code Ann. § 17-43-305 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-305
Notice of examination results
Status: in_force

Within sixty (60) days after the examination is given, the Arkansas State Board of Sanitarians shall notify by mail each person who took the examination as to whether he or she has passed or failed the examination. Acts 1957, No. 281, § 11; A.S.A. 1947, § 71-1611.

Within sixty (60) days after the examination is given, the Arkansas State Board of Sanitarians shall notify by mail each person who took the examination as to whether he or she has passed or failed the examination.

Acts 1957, No. 281, § 11; A.S.A. 1947, § 71-1611.
Ark. Code Ann. § 17-80-504 — AR Code / Title 17 / Chapter 80 / Subchapter 5 / Section 17-80-504
Right of conscience
Status: in_force

(a) A medical practitioner, healthcare institution, or healthcare payer: (1) Has the right not to participate in a healthcare service that violates his, her, or its conscience; (2) Is not required to participate in a healthcare service that violates his, her, or its conscience; (3) Is not civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his, her, or its conscience; (4) Is not civilly, criminally, or administratively liable for the exercise of conscience rights not to participate in a healthcare service by a medical practitioner employed, contracted, or granted admitting privileges by a healthcare institution; and (5) Shall not be discriminated against in any manner based upon his, her, or its declining to participate in a healthcare service that violates his, her, or its conscience. (b) Exercise of the right of conscience is limited to conscience-based objections to a particular healthcare service. (c) A medical practitioner, healthcare institution, or healthcare payer that holds himself, herself, or itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with his, her, or its religious beliefs. (d) The right of conscience described in subsection (a) of this section does not include the right to deny emergency medical care as required under 42 U.S.C. § 1395dd , as existing on January 1, 2021, or any other federal law governing emergency medical treatment, as existing on January 1, 2021. (e) (1) When a medical practitioner declines to participate in a healthcare service for reasons of conscience, the medical practitioner shall alert the employing healthcare institution at the earliest reasonable time and comply with any applicable protocol developed under this section. (2) (A) A healthcare institution may develop a protocol for situations in which a medical practitioner declines to participate in a healthcare service. (B) The protocol shall provide for prompt patient access to medical records to facilitate transfer, if needed. (3) This section does not require a healthcare institution or medical practitioner to perform a healthcare service, counsel, or refer a patient regarding a healthcare service that is contrary to the conscience of the medical practitioner or healthcare institution. (f) (1) This section does not prohibit an employer or contracting healthcare institution from disclosing the specific healthcare services that an applicant would be required to participate in if he or she is hired for the position or contract. (2) Upon being informed of the specific healthcare services required of the position or contract, the applicant shall disclose whether he, she, or it has a conscience objection to any of those required duties. (3) However, a medical practitioner or healthcare institution shall be able to decline to participate in a healthcare service that violates his, her, or its conscience if the employer or contracting healthcare institution, after employment, adds healthcare services to a medical practitioner's or healthcare institution's duties that would require the medical practitioner or healthcare institution to provide services that violate his, her, or its conscience. (g) (1) A healthcare payer shall file its conscience policies annually with the State Insurance Department by including a comprehensive list by billing code of any and all products, services, and procedures that the healthcare payer shall not pay or make payment for reasons of conscience. (2) The annual filing described in subdivision (g)(1) of this section shall: (A) Be provided annually to each beneficiary of the healthcare payer and on the website of the healthcare payer; and (B) Not be required for any year in which the healthcare payer will not exercise its conscience rights under this subchapter. (h) A healthcare payer shall not use a conscience objection to refuse or reduce payments to a healthcare provider, healthcare institution, or beneficiary for any product, service, or procedure that is not included in the annual filing required under subdivision (g)(1) of this section. (i) A healthcare payer shall not compel by undue influence, fraud, or duress a healthcare provider, healthcare institution, or beneficiary to accept a contract or contract amendment that violates the conscience of the healthcare provider, healthcare institution, or beneficiary. (j) The department may issue rules and take any other action necessary or appropriate to enforce subsections (g)-(i) of this section. Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.

(a) A medical practitioner, healthcare institution, or healthcare payer: (1) Has the right not to participate in a healthcare service that violates his, her, or its conscience; (2) Is not required to participate in a healthcare service that violates his, her, or its conscience; (3) Is not civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his, her, or its conscience; (4) Is not civilly, criminally, or administratively liable for the exercise of conscience rights not to participate in a healthcare service by a medical practitioner employed, contracted, or granted admitting privileges by a healthcare institution; and (5) Shall not be discriminated against in any manner based upon his, her, or its declining to participate in a healthcare service that violates his, her, or its conscience.

(1) Has the right not to participate in a healthcare service that violates his, her, or its conscience;

(2) Is not required to participate in a healthcare service that violates his, her, or its conscience;

(3) Is not civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his, her, or its conscience;

(4) Is not civilly, criminally, or administratively liable for the exercise of conscience rights not to participate in a healthcare service by a medical practitioner employed, contracted, or granted admitting privileges by a healthcare institution; and

(5) Shall not be discriminated against in any manner based upon his, her, or its declining to participate in a healthcare service that violates his, her, or its conscience.

(b) Exercise of the right of conscience is limited to conscience-based objections to a particular healthcare service.

(c) A medical practitioner, healthcare institution, or healthcare payer that holds himself, herself, or itself out to the public as religious, states in its governing documents that it has a religious purpose or mission, and has internal operating policies or procedures that implement its religious beliefs has the right to make employment, staffing, contracting, and admitting privilege decisions consistent with his, her, or its religious beliefs.

(d) The right of conscience described in subsection (a) of this section does not include the right to deny emergency medical care as required under 42 U.S.C. § 1395dd , as existing on January 1, 2021, or any other federal law governing emergency medical treatment, as existing on January 1, 2021.

(e) (1) When a medical practitioner declines to participate in a healthcare service for reasons of conscience, the medical practitioner shall alert the employing healthcare institution at the earliest reasonable time and comply with any applicable protocol developed under this section. (2) (A) A healthcare institution may develop a protocol for situations in which a medical practitioner declines to participate in a healthcare service. (B) The protocol shall provide for prompt patient access to medical records to facilitate transfer, if needed. (3) This section does not require a healthcare institution or medical practitioner to perform a healthcare service, counsel, or refer a patient regarding a healthcare service that is contrary to the conscience of the medical practitioner or healthcare institution.

(1) When a medical practitioner declines to participate in a healthcare service for reasons of conscience, the medical practitioner shall alert the employing healthcare institution at the earliest reasonable time and comply with any applicable protocol developed under this section.

(2) (A) A healthcare institution may develop a protocol for situations in which a medical practitioner declines to participate in a healthcare service. (B) The protocol shall provide for prompt patient access to medical records to facilitate transfer, if needed.

(A) A healthcare institution may develop a protocol for situations in which a medical practitioner declines to participate in a healthcare service.

(B) The protocol shall provide for prompt patient access to medical records to facilitate transfer, if needed.

(3) This section does not require a healthcare institution or medical practitioner to perform a healthcare service, counsel, or refer a patient regarding a healthcare service that is contrary to the conscience of the medical practitioner or healthcare institution.

(f) (1) This section does not prohibit an employer or contracting healthcare institution from disclosing the specific healthcare services that an applicant would be required to participate in if he or she is hired for the position or contract. (2) Upon being informed of the specific healthcare services required of the position or contract, the applicant shall disclose whether he, she, or it has a conscience objection to any of those required duties. (3) However, a medical practitioner or healthcare institution shall be able to decline to participate in a healthcare service that violates his, her, or its conscience if the employer or contracting healthcare institution, after employment, adds healthcare services to a medical practitioner's or healthcare institution's duties that would require the medical practitioner or healthcare institution to provide services that violate his, her, or its conscience.

(1) This section does not prohibit an employer or contracting healthcare institution from disclosing the specific healthcare services that an applicant would be required to participate in if he or she is hired for the position or contract.

(2) Upon being informed of the specific healthcare services required of the position or contract, the applicant shall disclose whether he, she, or it has a conscience objection to any of those required duties.

(3) However, a medical practitioner or healthcare institution shall be able to decline to participate in a healthcare service that violates his, her, or its conscience if the employer or contracting healthcare institution, after employment, adds healthcare services to a medical practitioner's or healthcare institution's duties that would require the medical practitioner or healthcare institution to provide services that violate his, her, or its conscience.

(g) (1) A healthcare payer shall file its conscience policies annually with the State Insurance Department by including a comprehensive list by billing code of any and all products, services, and procedures that the healthcare payer shall not pay or make payment for reasons of conscience. (2) The annual filing described in subdivision (g)(1) of this section shall: (A) Be provided annually to each beneficiary of the healthcare payer and on the website of the healthcare payer; and (B) Not be required for any year in which the healthcare payer will not exercise its conscience rights under this subchapter.

(1) A healthcare payer shall file its conscience policies annually with the State Insurance Department by including a comprehensive list by billing code of any and all products, services, and procedures that the healthcare payer shall not pay or make payment for reasons of conscience.

(2) The annual filing described in subdivision (g)(1) of this section shall: (A) Be provided annually to each beneficiary of the healthcare payer and on the website of the healthcare payer; and (B) Not be required for any year in which the healthcare payer will not exercise its conscience rights under this subchapter.

(A) Be provided annually to each beneficiary of the healthcare payer and on the website of the healthcare payer; and

(B) Not be required for any year in which the healthcare payer will not exercise its conscience rights under this subchapter.

(h) A healthcare payer shall not use a conscience objection to refuse or reduce payments to a healthcare provider, healthcare institution, or beneficiary for any product, service, or procedure that is not included in the annual filing required under subdivision (g)(1) of this section.

(i) A healthcare payer shall not compel by undue influence, fraud, or duress a healthcare provider, healthcare institution, or beneficiary to accept a contract or contract amendment that violates the conscience of the healthcare provider, healthcare institution, or beneficiary.

(j) The department may issue rules and take any other action necessary or appropriate to enforce subsections (g)-(i) of this section.

Added by Act 2021, No. 462,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-103-203 — AR Code / Title 17 / Chapter 103 / Subchapter 2 / Section 17-103-203
Powers and duties
Status: in_force

(a) The Arkansas Social Work Licensing Board has all the powers and duties granted under this chapter. (b) In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Establish the criteria and process for licensure through endorsement; (2) Make available under the Freedom of Information Act of 1967, § 25-19-101 et seq., the following information: (A) A list of the names and addresses of all persons licensed under this chapter; (B) A list of the names and addresses of all persons who hold a certification of registration under this chapter; (C) A list of names of social workers who have been found in violation of this chapter or any rules promulgated under this chapter; and (D) The findings of fact, conclusions of law, and order regarding a social worker who has been found in violation of this chapter or any rules promulgated under this chapter; (3) Establish mechanisms for appeal and decisions regarding applications and granting of licenses, with such mechanisms to include provisions for judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (4) Make rules consistent with law as may be necessary to regulate its proceedings; (5) Compile an annual report; (6) Establish rules defining unprofessional conduct and set forth and publish a code of ethics and standards for practice; (7) Establish fees and publish financial records; (8) Establish continuing education requirements and notify the applicants for licensing of the requirement; and (9) At the time of license renewal, require each applicant to present satisfactory evidence that, in the period since the license was issued, he or she has completed the continuing education requirements specified by the board. Amended by Act 2019, No. 623,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015. Acts 1999, No. 1122, § 1.

(a) The Arkansas Social Work Licensing Board has all the powers and duties granted under this chapter.

(b) In addition to the duties set forth elsewhere in this chapter, the board shall: (1) Establish the criteria and process for licensure through endorsement; (2) Make available under the Freedom of Information Act of 1967, § 25-19-101 et seq., the following information: (A) A list of the names and addresses of all persons licensed under this chapter; (B) A list of the names and addresses of all persons who hold a certification of registration under this chapter; (C) A list of names of social workers who have been found in violation of this chapter or any rules promulgated under this chapter; and (D) The findings of fact, conclusions of law, and order regarding a social worker who has been found in violation of this chapter or any rules promulgated under this chapter; (3) Establish mechanisms for appeal and decisions regarding applications and granting of licenses, with such mechanisms to include provisions for judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (4) Make rules consistent with law as may be necessary to regulate its proceedings; (5) Compile an annual report; (6) Establish rules defining unprofessional conduct and set forth and publish a code of ethics and standards for practice; (7) Establish fees and publish financial records; (8) Establish continuing education requirements and notify the applicants for licensing of the requirement; and (9) At the time of license renewal, require each applicant to present satisfactory evidence that, in the period since the license was issued, he or she has completed the continuing education requirements specified by the board.

(1) Establish the criteria and process for licensure through endorsement;

(2) Make available under the Freedom of Information Act of 1967, § 25-19-101 et seq., the following information: (A) A list of the names and addresses of all persons licensed under this chapter; (B) A list of the names and addresses of all persons who hold a certification of registration under this chapter; (C) A list of names of social workers who have been found in violation of this chapter or any rules promulgated under this chapter; and (D) The findings of fact, conclusions of law, and order regarding a social worker who has been found in violation of this chapter or any rules promulgated under this chapter;

(A) A list of the names and addresses of all persons licensed under this chapter;

(B) A list of the names and addresses of all persons who hold a certification of registration under this chapter;

(C) A list of names of social workers who have been found in violation of this chapter or any rules promulgated under this chapter; and

(D) The findings of fact, conclusions of law, and order regarding a social worker who has been found in violation of this chapter or any rules promulgated under this chapter;

(3) Establish mechanisms for appeal and decisions regarding applications and granting of licenses, with such mechanisms to include provisions for judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(4) Make rules consistent with law as may be necessary to regulate its proceedings;

(5) Compile an annual report;

(6) Establish rules defining unprofessional conduct and set forth and publish a code of ethics and standards for practice;

(7) Establish fees and publish financial records;

(8) Establish continuing education requirements and notify the applicants for licensing of the requirement; and

(9) At the time of license renewal, require each applicant to present satisfactory evidence that, in the period since the license was issued, he or she has completed the continuing education requirements specified by the board.

Amended by Act 2019, No. 623,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.

Acts 1999, No. 1122, § 1.
Ark. Code Ann. § 17-107-305 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-305
Temporary permits
Status: in_force

(a) (1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant who has: (A) Satisfactorily completed an approved education program in the field in which the individual is seeking licensure; and (B) Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued. (2) The temporary permit to practice orthotics, prosthetics, or pedorthics becomes invalid upon notification to the applicant of the results of the first examination he or she is eligible to take after the permit is issued. (3) (A) A temporary permit issued under this subsection is valid for no more than six (6) months. (B) No more than two (2) temporary permits shall be issued to any individual within a specific category. (b) (1) The board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant awaiting endorsement and holding a current license to practice orthotics, prosthetics, or pedorthics, or the equivalent, from another jurisdiction, state, or territory. (2) The temporary permit to practice orthotics, prosthetics, or pedorthics shall: (A) Specify the date it was issued and its expiration date; and (B) Not be valid for more than six (6) months. Acts 2007, No. 174, § 1; 2009, No. 200, § 2.

(a) (1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant who has: (A) Satisfactorily completed an approved education program in the field in which the individual is seeking licensure; and (B) Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued. (2) The temporary permit to practice orthotics, prosthetics, or pedorthics becomes invalid upon notification to the applicant of the results of the first examination he or she is eligible to take after the permit is issued. (3) (A) A temporary permit issued under this subsection is valid for no more than six (6) months. (B) No more than two (2) temporary permits shall be issued to any individual within a specific category.

(1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant who has: (A) Satisfactorily completed an approved education program in the field in which the individual is seeking licensure; and (B) Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued.

(A) Satisfactorily completed an approved education program in the field in which the individual is seeking licensure; and

(B) Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued.

(2) The temporary permit to practice orthotics, prosthetics, or pedorthics becomes invalid upon notification to the applicant of the results of the first examination he or she is eligible to take after the permit is issued.

(3) (A) A temporary permit issued under this subsection is valid for no more than six (6) months. (B) No more than two (2) temporary permits shall be issued to any individual within a specific category.

(A) A temporary permit issued under this subsection is valid for no more than six (6) months.

(B) No more than two (2) temporary permits shall be issued to any individual within a specific category.

(b) (1) The board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant awaiting endorsement and holding a current license to practice orthotics, prosthetics, or pedorthics, or the equivalent, from another jurisdiction, state, or territory. (2) The temporary permit to practice orthotics, prosthetics, or pedorthics shall: (A) Specify the date it was issued and its expiration date; and (B) Not be valid for more than six (6) months.

(1) The board may issue a temporary permit to practice orthotics, prosthetics, or pedorthics to a qualified applicant awaiting endorsement and holding a current license to practice orthotics, prosthetics, or pedorthics, or the equivalent, from another jurisdiction, state, or territory.

(2) The temporary permit to practice orthotics, prosthetics, or pedorthics shall: (A) Specify the date it was issued and its expiration date; and (B) Not be valid for more than six (6) months.

(A) Specify the date it was issued and its expiration date; and

(B) Not be valid for more than six (6) months.

Acts 2007, No. 174, § 1; 2009, No. 200, § 2.
Ark. Code Ann. § 17-106-102 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-102
Title
Status: in_force

This chapter may be cited as the "Consumer-Patient Radiation Health and Safety Act". Acts 1999, No. 1071, § 2.

This chapter may be cited as the "Consumer-Patient Radiation Health and Safety Act".

Acts 1999, No. 1071, § 2.
Ark. Code Ann. § 17-33-307 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-307
Grounds for suspension or revocation
Status: in_force

The HVACR Licensing Board, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant, suspend or revoke any license or registration if it finds that the holder of the license or registrant has: (1) Made a material misstatement in the application for license or registration or renewal thereof; (2) Demonstrated incompetency to act as a license holder or registrant according to rules and standards promulgated by the board; or (3) Violated any provisions of this chapter or any rule or order prescribed by the board. Amended by Act 2019, No. 315,§ 1422, eff. 7/24/2019. Acts 1991, No. 277, § 16.

The HVACR Licensing Board, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant, suspend or revoke any license or registration if it finds that the holder of the license or registrant has:

(1) Made a material misstatement in the application for license or registration or renewal thereof;

(2) Demonstrated incompetency to act as a license holder or registrant according to rules and standards promulgated by the board; or

(3) Violated any provisions of this chapter or any rule or order prescribed by the board.

Amended by Act 2019, No. 315,§ 1422, eff. 7/24/2019.

Acts 1991, No. 277, § 16.
Ark. Code Ann. § 17-22-205 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-205
Personal liability
Status: in_force

The members of the State Athletic Commission and employees of the commission shall not be personally liable for acts performed in carrying out their official duties except in the case of gross misconduct, and no legal action shall be maintained against any member or employee of the commission for such acts except in the case of gross misconduct. Acts 1985, No. 970, § 5; A.S.A. 1947, § 84-2913.

The members of the State Athletic Commission and employees of the commission shall not be personally liable for acts performed in carrying out their official duties except in the case of gross misconduct, and no legal action shall be maintained against any member or employee of the commission for such acts except in the case of gross misconduct.

Acts 1985, No. 970, § 5; A.S.A. 1947, § 84-2913.
Ark. Code Ann. § 17-82-311 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-311
Renewal - Penalties for noncompliance
Status: in_force

Failure to renew a license within a period of thirty (30) days after January 1 of even-numbered years shall result in forfeiture of the license. Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 2001, No. 439, § 6; 2003, No. 377, § 6.

Failure to renew a license within a period of thirty (30) days after January 1 of even-numbered years shall result in forfeiture of the license.

Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 2001, No. 439, § 6; 2003, No. 377, § 6.
Ark. Code Ann. § 17-92-1102 — AR Code / Title 17 / Chapter 92 / Subchapter 11 / Section 17-92-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Charitable clinic" means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 that: (A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code; (B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code; (C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility; (D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and (E) Has a licensed outpatient pharmacy; (2) "Charitable clinic pharmacy" means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable clinic free of charge to appropriately screened and qualified indigent patients; (3) "Controlled substances" means substances defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.; (4) "Indigent" means a person with an income that is below two hundred percent (200%) of the federal poverty level; (5) "Nursing facility" means the same as under § 20-10-1401 ; (6) (A) (i) "Prescription drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is: (a) Habit-forming; (b) Toxic or having potential for harm; or (c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (ii) The product label of a legend drug is required to contain the statement: (a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or (b) "Rx only". (iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met. (B) "Prescription drug" does not include controlled substances; and (7) "Properly transferred" means the storage, handling, and distribution of the drug under this subchapter in: (A) Accordance with the label; and (B) Its dispensed, sealed, tamper-evident single-user unit. Acts 2005, No. 162, § 1.

As used in this subchapter:

(1) "Charitable clinic" means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 that: (A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code; (B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code; (C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility; (D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and (E) Has a licensed outpatient pharmacy;

(A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code;

(B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code;

(C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility;

(D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and

(E) Has a licensed outpatient pharmacy;

(2) "Charitable clinic pharmacy" means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable clinic free of charge to appropriately screened and qualified indigent patients;

(3) "Controlled substances" means substances defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(4) "Indigent" means a person with an income that is below two hundred percent (200%) of the federal poverty level;

(5) "Nursing facility" means the same as under § 20-10-1401 ;

(6) (A) (i) "Prescription drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is: (a) Habit-forming; (b) Toxic or having potential for harm; or (c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (ii) The product label of a legend drug is required to contain the statement: (a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or (b) "Rx only". (iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met. (B) "Prescription drug" does not include controlled substances; and

(A) (i) "Prescription drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is: (a) Habit-forming; (b) Toxic or having potential for harm; or (c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug. (ii) The product label of a legend drug is required to contain the statement: (a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or (b) "Rx only". (iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met.

(i) "Prescription drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is: (a) Habit-forming; (b) Toxic or having potential for harm; or (c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.

(a) Habit-forming;

(b) Toxic or having potential for harm; or

(c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.

(ii) The product label of a legend drug is required to contain the statement: (a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or (b) "Rx only".

(a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or

(b) "Rx only".

(iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met.

(B) "Prescription drug" does not include controlled substances; and

(7) "Properly transferred" means the storage, handling, and distribution of the drug under this subchapter in: (A) Accordance with the label; and (B) Its dispensed, sealed, tamper-evident single-user unit.

(A) Accordance with the label; and

(B) Its dispensed, sealed, tamper-evident single-user unit.

Acts 2005, No. 162, § 1.
Ark. Code Ann. § 17-13-103 — AR Code / Title 17 / Chapter 13 / Section 17-13-103
Functions of licensed agricultural consultant
Status: in_force

A licensed agricultural consultant is a person who is licensed by the State Plant Board to perform the following functions: (1) Provide advice or prescriptions for the control or eradication of any insect or mite pest; (2) Provide advice or prescriptions for the control or eradication of any plant pathogen, including nematodes; (3) Provide advice or prescriptions for the control or eradication of any weed; (4) Provide advice or prescriptions for the use of fertilizer, lime, or micronutrients based on soil classification and cropping systems and soil or plant tests; and (5) Provide other functions as the board may deem appropriate. Acts 1987, No. 609, § 2; 2005, No. 857, § 1.

A licensed agricultural consultant is a person who is licensed by the State Plant Board to perform the following functions:

(1) Provide advice or prescriptions for the control or eradication of any insect or mite pest;

(2) Provide advice or prescriptions for the control or eradication of any plant pathogen, including nematodes;

(3) Provide advice or prescriptions for the control or eradication of any weed;

(4) Provide advice or prescriptions for the use of fertilizer, lime, or micronutrients based on soil classification and cropping systems and soil or plant tests; and

(5) Provide other functions as the board may deem appropriate.

Acts 1987, No. 609, § 2; 2005, No. 857, § 1.
Ark. Code Ann. § 17-106-108 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-108
Examinations
Status: in_force

(a) With the exception of those who are grandfathered under this chapter, each applicant for licensure shall be required to pass a license examination designated and approved by the State Board of Health. Standards for acceptable performance shall be established. (b) The State Board of Health shall identify acceptable examinations such as those administered by the American Registry of Radiologic Technologists, the American Chiropractic Registry of Radiologic Technologists, or the Nuclear Medicine Technology Certification Board. (c) An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rule established by the State Board of Health. (d) The State Board of Health may accept a current certificate issued by the American Registry of Radiologic Technologists, the American Society for Clinical Pathology, the American Chiropractic Registry of Radiologic Technologists, Cardiovascular Credentialing International, or the Nuclear Medicine Technology Certification Board issued on the basis of an examination satisfactory to the State Board of Health if the standards of those bodies are at least as stringent as those established by the State Board of Health. (e) The State Board of Health may accept a current certificate, registration, or license as a radiologic technologist issued by another state if the standards in the other state are at least as stringent as those established by the State Board of Health. (f) (1) The State Board of Health shall identify acceptable examinations appropriate to the discipline for the limited licensed technologist. (2) A study guide containing information to be included on the examination will be provided to the applicant for the examination. Amended by Act 2019, No. 315,§ 1677, eff. 7/24/2019. Acts 1999, No. 1071, § 8; 2003, No. 1395, § 9.

(a) With the exception of those who are grandfathered under this chapter, each applicant for licensure shall be required to pass a license examination designated and approved by the State Board of Health. Standards for acceptable performance shall be established.

(b) The State Board of Health shall identify acceptable examinations such as those administered by the American Registry of Radiologic Technologists, the American Chiropractic Registry of Radiologic Technologists, or the Nuclear Medicine Technology Certification Board.

(c) An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rule established by the State Board of Health.

(d) The State Board of Health may accept a current certificate issued by the American Registry of Radiologic Technologists, the American Society for Clinical Pathology, the American Chiropractic Registry of Radiologic Technologists, Cardiovascular Credentialing International, or the Nuclear Medicine Technology Certification Board issued on the basis of an examination satisfactory to the State Board of Health if the standards of those bodies are at least as stringent as those established by the State Board of Health.

(e) The State Board of Health may accept a current certificate, registration, or license as a radiologic technologist issued by another state if the standards in the other state are at least as stringent as those established by the State Board of Health.

(f) (1) The State Board of Health shall identify acceptable examinations appropriate to the discipline for the limited licensed technologist. (2) A study guide containing information to be included on the examination will be provided to the applicant for the examination.

(1) The State Board of Health shall identify acceptable examinations appropriate to the discipline for the limited licensed technologist.

(2) A study guide containing information to be included on the examination will be provided to the applicant for the examination.

Amended by Act 2019, No. 315,§ 1677, eff. 7/24/2019.

Acts 1999, No. 1071, § 8; 2003, No. 1395, § 9.
Ark. Code Ann. § 17-11-343 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-343
Abstract as evidence
Status: in_force

An abstract or photostat or verbatim copy of any public record, where certified by and impressed with the official seal of any licensed abstracter, shall be admissible in evidence, if otherwise admissible, on behalf of any party litigant in any court in the State of Arkansas and shall be prima facie evidence of the facts recited therein. Acts 1969, No. 109, § 11; A.S.A. 1947, § 71-111.

An abstract or photostat or verbatim copy of any public record, where certified by and impressed with the official seal of any licensed abstracter, shall be admissible in evidence, if otherwise admissible, on behalf of any party litigant in any court in the State of Arkansas and shall be prima facie evidence of the facts recited therein.

Acts 1969, No. 109, § 11; A.S.A. 1947, § 71-111.
Ark. Code Ann. § 17-95-501 — AR Code / Title 17 / Chapter 95 / Subchapter 5 / Section 17-95-501
Legislative intent
Status: in_force

(a) The General Assembly finds and declares that this subchapter is necessary to assist those areas of critical medical shortage in the State of Arkansas in recruiting and retaining physicians to meet the primary medical care needs of the citizens residing in these areas. (b) (1) It is the intent of the General Assembly to grant authority to the Arkansas State Medical Board to issue temporary licenses to practice medicine in defined critical medical shortage areas for a specified period of time and under required conditions to be defined in § 17-95-503 . (2) It is the further intent of the General Assembly that the board utilize every means at its disposal under the laws of this state, including the authority granted by this subchapter, to increase the number of practicing physicians in the areas of critical medical shortage as defined in § 17-95-502 . (3) It is the further intent of this subchapter that neither the board nor the Executive Director of the Arkansas State Medical Board, when acting in behalf of the board and under authority granted to him or her by the board, shall be liable, collectively or individually, for civil damages from claims pertaining to the administration of this subchapter. Amended by Act 2017, No. 69,§ 5, eff. 8/1/2017. Acts 1977, No. 415, § 1; A.S.A. 1947, § 72-628; Acts 2005, No. 495, § 4.

(a) The General Assembly finds and declares that this subchapter is necessary to assist those areas of critical medical shortage in the State of Arkansas in recruiting and retaining physicians to meet the primary medical care needs of the citizens residing in these areas.

(b) (1) It is the intent of the General Assembly to grant authority to the Arkansas State Medical Board to issue temporary licenses to practice medicine in defined critical medical shortage areas for a specified period of time and under required conditions to be defined in § 17-95-503 . (2) It is the further intent of the General Assembly that the board utilize every means at its disposal under the laws of this state, including the authority granted by this subchapter, to increase the number of practicing physicians in the areas of critical medical shortage as defined in § 17-95-502 . (3) It is the further intent of this subchapter that neither the board nor the Executive Director of the Arkansas State Medical Board, when acting in behalf of the board and under authority granted to him or her by the board, shall be liable, collectively or individually, for civil damages from claims pertaining to the administration of this subchapter.

(1) It is the intent of the General Assembly to grant authority to the Arkansas State Medical Board to issue temporary licenses to practice medicine in defined critical medical shortage areas for a specified period of time and under required conditions to be defined in § 17-95-503 .

(2) It is the further intent of the General Assembly that the board utilize every means at its disposal under the laws of this state, including the authority granted by this subchapter, to increase the number of practicing physicians in the areas of critical medical shortage as defined in § 17-95-502 .

(3) It is the further intent of this subchapter that neither the board nor the Executive Director of the Arkansas State Medical Board, when acting in behalf of the board and under authority granted to him or her by the board, shall be liable, collectively or individually, for civil damages from claims pertaining to the administration of this subchapter.

Amended by Act 2017, No. 69,§ 5, eff. 8/1/2017.

Acts 1977, No. 415, § 1; A.S.A. 1947, § 72-628; Acts 2005, No. 495, § 4.
Ark. Code Ann. § 17-100-303 — AR Code / Title 17 / Chapter 100 / Subchapter 3 / Section 17-100-303
Licensure - Examination
Status: in_force

(a) (1) A person eligible for licensure under § 17-100-302 and desirous of licensure shall make application to the Board of Examiners in Speech-Language Pathology and Audiology upon a form and in such a manner as the board shall prescribe. (2) Any application shall be accompanied by the fee prescribed by § 17-100-308 , which shall in no case be refunded. (b) (1) Each applicant for licensure under this chapter shall be examined by the board in a written examination if the board deems a written examination to be appropriate. (2) Standards for acceptable performance shall be established. (3) Applicants shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least two (2) times each year, and the board shall make public, in a manner it considers appropriate, and shall appropriately notify all individual applicants of, the time and place of the administration of examinations. (4) The board may examine in whatever theoretical or applied fields of speech pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech language pathology or audiology techniques and methods. (5) The board shall maintain a permanent record of all examination results. Amended by Act 2013, No. 219,§ 8, eff. 8/16/2013. Acts 1975, No. 277, §§ 11, 12; A.S.A. 1947, §§ 72-1811, 72-1812.

(a) (1) A person eligible for licensure under § 17-100-302 and desirous of licensure shall make application to the Board of Examiners in Speech-Language Pathology and Audiology upon a form and in such a manner as the board shall prescribe. (2) Any application shall be accompanied by the fee prescribed by § 17-100-308 , which shall in no case be refunded.

(1) A person eligible for licensure under § 17-100-302 and desirous of licensure shall make application to the Board of Examiners in Speech-Language Pathology and Audiology upon a form and in such a manner as the board shall prescribe.

(2) Any application shall be accompanied by the fee prescribed by § 17-100-308 , which shall in no case be refunded.

(b) (1) Each applicant for licensure under this chapter shall be examined by the board in a written examination if the board deems a written examination to be appropriate. (2) Standards for acceptable performance shall be established. (3) Applicants shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least two (2) times each year, and the board shall make public, in a manner it considers appropriate, and shall appropriately notify all individual applicants of, the time and place of the administration of examinations. (4) The board may examine in whatever theoretical or applied fields of speech pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech language pathology or audiology techniques and methods. (5) The board shall maintain a permanent record of all examination results.

(1) Each applicant for licensure under this chapter shall be examined by the board in a written examination if the board deems a written examination to be appropriate.

(2) Standards for acceptable performance shall be established.

(3) Applicants shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least two (2) times each year, and the board shall make public, in a manner it considers appropriate, and shall appropriately notify all individual applicants of, the time and place of the administration of examinations.

(4) The board may examine in whatever theoretical or applied fields of speech pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech language pathology or audiology techniques and methods.

(5) The board shall maintain a permanent record of all examination results.

Amended by Act 2013, No. 219,§ 8, eff. 8/16/2013.

Acts 1975, No. 277, §§ 11, 12; A.S.A. 1947, §§ 72-1811, 72-1812.
Ark. Code Ann. § 17-96-306 — AR Code / Title 17 / Chapter 96 / Subchapter 3 / Section 17-96-306
Renewal - Continuing education requirement
Status: in_force

(a) (1) A renewal fee to be established by the Arkansas Board of Podiatric Medicine in an amount not to exceed one hundred dollars ($100) shall be paid on July 1 each year. (2) (A) If the fee is not paid within three (3) months, the license may be suspended or revoked. (B) If the license is revoked, it shall only be reissued upon original application and examination. (3) A penalty may be established by the board, and it shall not exceed one-half (1/2) of the renewal fee for renewal fees not paid before July 15 of each year. (b) (1) For renewal of a license, each licensee must present to the board a certificate of attendance at seminars or other continuing professional education courses in the health sciences as approved by the board. (2) The number of hours of continuing education to be earned annually shall be set by the board. (3) However, the requirement of continuing education may be waived by the board upon application by the licensee and proof of extenuating circumstances, as approved by the board. Acts 1923, No. 610, § 6; Pope's Dig., §§ 10850, 12115; Acts 1973, No. 31, §§ 4, 10; 1983, No. 429, §§ 6, 10; A.S.A. 1947, §§ 72-306, 72-313; Acts 1997, No. 966, § 11.

(a) (1) A renewal fee to be established by the Arkansas Board of Podiatric Medicine in an amount not to exceed one hundred dollars ($100) shall be paid on July 1 each year. (2) (A) If the fee is not paid within three (3) months, the license may be suspended or revoked. (B) If the license is revoked, it shall only be reissued upon original application and examination. (3) A penalty may be established by the board, and it shall not exceed one-half (1/2) of the renewal fee for renewal fees not paid before July 15 of each year.

(1) A renewal fee to be established by the Arkansas Board of Podiatric Medicine in an amount not to exceed one hundred dollars ($100) shall be paid on July 1 each year.

(2) (A) If the fee is not paid within three (3) months, the license may be suspended or revoked. (B) If the license is revoked, it shall only be reissued upon original application and examination.

(A) If the fee is not paid within three (3) months, the license may be suspended or revoked.

(B) If the license is revoked, it shall only be reissued upon original application and examination.

(3) A penalty may be established by the board, and it shall not exceed one-half (1/2) of the renewal fee for renewal fees not paid before July 15 of each year.

(b) (1) For renewal of a license, each licensee must present to the board a certificate of attendance at seminars or other continuing professional education courses in the health sciences as approved by the board. (2) The number of hours of continuing education to be earned annually shall be set by the board. (3) However, the requirement of continuing education may be waived by the board upon application by the licensee and proof of extenuating circumstances, as approved by the board.

(1) For renewal of a license, each licensee must present to the board a certificate of attendance at seminars or other continuing professional education courses in the health sciences as approved by the board.

(2) The number of hours of continuing education to be earned annually shall be set by the board.

(3) However, the requirement of continuing education may be waived by the board upon application by the licensee and proof of extenuating circumstances, as approved by the board.

Acts 1923, No. 610, § 6; Pope's Dig., §§ 10850, 12115; Acts 1973, No. 31, §§ 4, 10; 1983, No. 429, §§ 6, 10; A.S.A. 1947, §§ 72-306, 72-313; Acts 1997, No. 966, § 11.