Ark. Code Ann. § 17-11-342 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-342
Seal
Status: in_force

Any licensee under this chapter shall provide a seal, which shall have stamped on the license the name of the licensee, and shall deposit with the State Board of Appraisers, Abstracters, and Home Inspectors an impression of the seal and the names of all persons authorized to sign certificates to abstracts on behalf of the licensee. Amended by Act 2023, No. 628,§ 15, eff. 7/1/2023. Acts 1969, No. 109, § 11; A.S.A. 1947, § 71-111; Acts 2007, No. 1042, § 14.

Any licensee under this chapter shall provide a seal, which shall have stamped on the license the name of the licensee, and shall deposit with the State Board of Appraisers, Abstracters, and Home Inspectors an impression of the seal and the names of all persons authorized to sign certificates to abstracts on behalf of the licensee.

Amended by Act 2023, No. 628,§ 15, eff. 7/1/2023.

Acts 1969, No. 109, § 11; A.S.A. 1947, § 71-111; Acts 2007, No. 1042, § 14.
Ark. Code Ann. § 17-92-102 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-102
Exemptions
Status: in_force

(a) Nothing in this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) shall prevent the personal administration of drugs and medicines carried and kept for emergencies by licensed physicians, dentists, or veterinarians in order to supply the immediate needs of their patients while in their presence, nor shall it apply to physicians, dentists, or veterinarians compounding or dispensing their own prescriptions. (b) The provisions of this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) shall not apply: (1) To the sale of drugs and medicines when intended for agricultural, technical, and industrial use, unless those drugs and medicines are legend drugs as defined in § 20-64-503 ; (2) To the sales by wholesale druggists, wholesale or retail grocers, or other wholesale or retail dealers or manufacturers of proprietary medicines in original packages; (3) To the sales of those drugs commonly known as "grocers' drugs" in original packages when put up under the direction of a licensed pharmacist of this or some other state; or (4) To the sale or shipping of antibiotics and microbials for veterinary medical use directly from a wholesaler, distributor, pharmacy, or farm store to a client if the veterinary drugs and medicine are dispensed based only on a prescription of a licensed veterinarian who has an existing veterinary-client-patient relationship with the client. (c) Further exempted from the provisions of this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) are the sale of legend drugs approved by the State Board of Optometry by licensed pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by the board and by §§ 17-90-401 - 17-90-403 . (d) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of the prescribed medication, provided that: (1) The prescription is not for a medicinal drug listed in Schedule II as defined in § 5-64-205 ; (2) The medication is essential to the maintenance of life or to the continuation of therapy; (3) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort; (4) The pharmacist properly records the dispensing; and (5) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after the one-time emergency refill dispensing. Amended by Act 2023, No. 591,§ 1, eff. 4/11/2023. Amended by Act 2017, No. 282,§ 1, eff. 8/1/2017. Acts 1929, No. 72, § 6; Pope's Dig., § 4627; Acts 1979, No. 710, § 2; A.S.A. 1947, § 72-1020; Acts 1991, No. 740, § 2.

(a) Nothing in this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) shall prevent the personal administration of drugs and medicines carried and kept for emergencies by licensed physicians, dentists, or veterinarians in order to supply the immediate needs of their patients while in their presence, nor shall it apply to physicians, dentists, or veterinarians compounding or dispensing their own prescriptions.

(b) The provisions of this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) shall not apply: (1) To the sale of drugs and medicines when intended for agricultural, technical, and industrial use, unless those drugs and medicines are legend drugs as defined in § 20-64-503 ; (2) To the sales by wholesale druggists, wholesale or retail grocers, or other wholesale or retail dealers or manufacturers of proprietary medicines in original packages; (3) To the sales of those drugs commonly known as "grocers' drugs" in original packages when put up under the direction of a licensed pharmacist of this or some other state; or (4) To the sale or shipping of antibiotics and microbials for veterinary medical use directly from a wholesaler, distributor, pharmacy, or farm store to a client if the veterinary drugs and medicine are dispensed based only on a prescription of a licensed veterinarian who has an existing veterinary-client-patient relationship with the client.

(1) To the sale of drugs and medicines when intended for agricultural, technical, and industrial use, unless those drugs and medicines are legend drugs as defined in § 20-64-503 ;

(2) To the sales by wholesale druggists, wholesale or retail grocers, or other wholesale or retail dealers or manufacturers of proprietary medicines in original packages;

(3) To the sales of those drugs commonly known as "grocers' drugs" in original packages when put up under the direction of a licensed pharmacist of this or some other state; or

(4) To the sale or shipping of antibiotics and microbials for veterinary medical use directly from a wholesaler, distributor, pharmacy, or farm store to a client if the veterinary drugs and medicine are dispensed based only on a prescription of a licensed veterinarian who has an existing veterinary-client-patient relationship with the client.

(c) Further exempted from the provisions of this section and § 17-92-101 , § 17-92-103 , § 17-92-105 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) are the sale of legend drugs approved by the State Board of Optometry by licensed pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by the board and by §§ 17-90-401 - 17-90-403 .

(d) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of the prescribed medication, provided that: (1) The prescription is not for a medicinal drug listed in Schedule II as defined in § 5-64-205 ; (2) The medication is essential to the maintenance of life or to the continuation of therapy; (3) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort; (4) The pharmacist properly records the dispensing; and (5) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after the one-time emergency refill dispensing.

(1) The prescription is not for a medicinal drug listed in Schedule II as defined in § 5-64-205 ;

(2) The medication is essential to the maintenance of life or to the continuation of therapy;

(3) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;

(4) The pharmacist properly records the dispensing; and

(5) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after the one-time emergency refill dispensing.

Amended by Act 2023, No. 591,§ 1, eff. 4/11/2023.

Amended by Act 2017, No. 282,§ 1, eff. 8/1/2017.

Acts 1929, No. 72, § 6; Pope's Dig., § 4627; Acts 1979, No. 710, § 2; A.S.A. 1947, § 72-1020; Acts 1991, No. 740, § 2.
Ark. Code Ann. § 17-38-303 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-303
Temporary permits
Status: in_force

The Committee of Plumbing Examiners of the State Board of Health may issue temporary revocable permits to master plumber and journeyman plumber license applicants pending examination. The State Board of Health shall make rules and prescribe procedures governing the issuance of the permits. Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207; Acts 1987, No. 816, § 3; 2003, No. 1217, § 9.

The Committee of Plumbing Examiners of the State Board of Health may issue temporary revocable permits to master plumber and journeyman plumber license applicants pending examination. The State Board of Health shall make rules and prescribe procedures governing the issuance of the permits.

Acts 1951, No. 200, § 3; 1975, No. 902, § 3; A.S.A. 1947, § 71-1207; Acts 1987, No. 816, § 3; 2003, No. 1217, § 9.
Ark. Code Ann. § 17-20-405 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-405
Licensing prerequisites - Managers and teachers
Status: in_force

A school or college of barbering shall not be approved by the State Board of Barber Examiners and a license shall not be issued to operate or conduct any school or college of barbering unless: (1) The faculty are registered teacher manager instructors under this subchapter; (2) (A) At least one (1) approved teacher manager instructor is teaching at the school or college of barbering and in charge of each daily class in theoretical scientific study, scientific barbering practice, and general barbering practice. (B) A licensed barber in good standing with the board may substitute as a teacher manager instructor for a specified period of time upon written request and written board approval; and (3) One (1) teacher manager instructor is provided for every twenty (20) students. Amended by Act 2023, No. 465,§ 7, eff. 8/1/2023. Amended by Act 2017, No. 1060,§ 23, eff. 8/1/2017. Amended by Act 2013, No. 1417,§ 1, eff. 8/16/2013. Acts 1961, No. 109, §§ 5, 8, 12; 1975, No. 538, §§ 3, 4; 1981, No. 103, § 2; 1985, No. 137, § 2; A.S.A. 1947, §§ 71-527, 71-530, 71-534; Acts 1993, No. 1056, § 6; 1997, No. 1032, § 1.

A school or college of barbering shall not be approved by the State Board of Barber Examiners and a license shall not be issued to operate or conduct any school or college of barbering unless:

(1) The faculty are registered teacher manager instructors under this subchapter;

(2) (A) At least one (1) approved teacher manager instructor is teaching at the school or college of barbering and in charge of each daily class in theoretical scientific study, scientific barbering practice, and general barbering practice. (B) A licensed barber in good standing with the board may substitute as a teacher manager instructor for a specified period of time upon written request and written board approval; and

(A) At least one (1) approved teacher manager instructor is teaching at the school or college of barbering and in charge of each daily class in theoretical scientific study, scientific barbering practice, and general barbering practice.

(B) A licensed barber in good standing with the board may substitute as a teacher manager instructor for a specified period of time upon written request and written board approval; and

(3) One (1) teacher manager instructor is provided for every twenty (20) students.

Amended by Act 2023, No. 465,§ 7, eff. 8/1/2023.

Amended by Act 2017, No. 1060,§ 23, eff. 8/1/2017.

Amended by Act 2013, No. 1417,§ 1, eff. 8/16/2013.

Acts 1961, No. 109, §§ 5, 8, 12; 1975, No. 538, §§ 3, 4; 1981, No. 103, § 2; 1985, No. 137, § 2; A.S.A. 1947, §§ 71-527, 71-530, 71-534; Acts 1993, No. 1056, § 6; 1997, No. 1032, § 1.
Ark. Code Ann. § 17-107-304 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-304
Orthotic assistants, orthotic/prosthetic assistants, and prosthetic assistants
Status: in_force

An applicant for certification to practice as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant either: (1) Meets the following requirements: (A) Possesses a high school diploma or comparable credential approved by the board; (B) Has a minimum of: (i) Three (3) years of experience in the field in which the individual is seeking licensure as an assistant; or (ii) Two (2) years of experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subjects of human anatomy and physiology and medical terminology; and (C) Has written documentation from a prosthetist or an orthotist that the applicant is qualified to perform as an assistant in the field in which the individual is seeking licensure as an assistant; or (2) (A) Has graduated from a master's level orthotic, prosthetic, or orthotic/prosthetic educational program approved by the National Commission on Orthotic and Prosthetic Education and is in a residency program. (B) An orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant certified under subdivision (2)(A) of this section shall maintain certification until he or she completes the residency program. Amended by Act 2021, No. 445,§ 1, eff. 7/28/2021. Acts 2007, No. 174, § 1; 2009, No. 200, § 1.

An applicant for certification to practice as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall submit to the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board written evidence verified by oath that the applicant either:

(1) Meets the following requirements: (A) Possesses a high school diploma or comparable credential approved by the board; (B) Has a minimum of: (i) Three (3) years of experience in the field in which the individual is seeking licensure as an assistant; or (ii) Two (2) years of experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subjects of human anatomy and physiology and medical terminology; and (C) Has written documentation from a prosthetist or an orthotist that the applicant is qualified to perform as an assistant in the field in which the individual is seeking licensure as an assistant; or

(A) Possesses a high school diploma or comparable credential approved by the board;

(B) Has a minimum of: (i) Three (3) years of experience in the field in which the individual is seeking licensure as an assistant; or (ii) Two (2) years of experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subjects of human anatomy and physiology and medical terminology; and

(i) Three (3) years of experience in the field in which the individual is seeking licensure as an assistant; or

(ii) Two (2) years of experience in the field in which the individual is seeking licensure as an assistant and has a minimum of three (3) semester hours of higher education in the subjects of human anatomy and physiology and medical terminology; and

(C) Has written documentation from a prosthetist or an orthotist that the applicant is qualified to perform as an assistant in the field in which the individual is seeking licensure as an assistant; or

(2) (A) Has graduated from a master's level orthotic, prosthetic, or orthotic/prosthetic educational program approved by the National Commission on Orthotic and Prosthetic Education and is in a residency program. (B) An orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant certified under subdivision (2)(A) of this section shall maintain certification until he or she completes the residency program.

(A) Has graduated from a master's level orthotic, prosthetic, or orthotic/prosthetic educational program approved by the National Commission on Orthotic and Prosthetic Education and is in a residency program.

(B) An orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant certified under subdivision (2)(A) of this section shall maintain certification until he or she completes the residency program.

Amended by Act 2021, No. 445,§ 1, eff. 7/28/2021.

Acts 2007, No. 174, § 1; 2009, No. 200, § 1.
Ark. Code Ann. § 17-25-310 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-310
Replacement
Status: in_force

A certificate of license or registration to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules of the Contractors Licensing Board. Amended by Act 2019, No. 805,§ 17, eff. 7/1/2020. Amended by Act 2019, No. 315,§ 1380, eff. 7/24/2019. Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711.

A certificate of license or registration to replace any lost, destroyed, or mutilated certificate may be issued subject to the rules of the Contractors Licensing Board.

Amended by Act 2019, No. 805,§ 17, eff. 7/1/2020.

Amended by Act 2019, No. 315,§ 1380, eff. 7/24/2019.

Acts 1965, No. 150, § 12; A.S.A. 1947, § 71-711.
Ark. Code Ann. § 17-26-206 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-206
Examinations
Status: in_force

A school of cosmetology shall administer the practical licensing examination approved by the Department of Health for eligible candidates. Amended by Act 2017, No. 973,§ 1, eff. 8/1/2017. Acts 1955, No. 358, Art. 1, § 6; 1977, No. 420, § 2; 1985, No. 241, § 1; A.S.A. 1947, § 71-819; Acts 2007, No. 223, § 8; 2009, No. 4, § 3.

A school of cosmetology shall administer the practical licensing examination approved by the Department of Health for eligible candidates.

Amended by Act 2017, No. 973,§ 1, eff. 8/1/2017.

Acts 1955, No. 358, Art. 1, § 6; 1977, No. 420, § 2; 1985, No. 241, § 1; A.S.A. 1947, § 71-819; Acts 2007, No. 223, § 8; 2009, No. 4, § 3.
Ark. Code Ann. § 17-51-203 — AR Code / Title 17 / Chapter 51 / Subchapter 2 / Section 17-51-203
Issuance - Temporary permits
Status: in_force

(a) The Department of Health shall license and certify all applicants for licenses under this chapter who satisfy the requirements of the chapter. Licenses shall be granted according to classifications set forth by the State Board of Health. (b) In an emergency, the department at its discretion may grant temporary permits for operation of a water system when and only when the public health and safety are not jeopardized. The temporary permit shall be valid for a period of not more than one (1) calendar year and may be renewed only one (1) time, with the approval of the department. Acts 1957, No. 333, § 6; A.S.A. 1947, § 71-1706; Acts 1991, No. 1001, § 1; 1997, No. 494, § 5.

(a) The Department of Health shall license and certify all applicants for licenses under this chapter who satisfy the requirements of the chapter. Licenses shall be granted according to classifications set forth by the State Board of Health.

(b) In an emergency, the department at its discretion may grant temporary permits for operation of a water system when and only when the public health and safety are not jeopardized. The temporary permit shall be valid for a period of not more than one (1) calendar year and may be renewed only one (1) time, with the approval of the department.

Acts 1957, No. 333, § 6; A.S.A. 1947, § 71-1706; Acts 1991, No. 1001, § 1; 1997, No. 494, § 5.
Ark. Code Ann. § 17-100-101 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-101
Short title
Status: in_force

This chapter may be cited as the "Licensure Act of Speech-Language Pathologists and Audiologists". Acts 1975, No. 277, § 1; A.S.A. 1947, § 72-1801; Acts 1993, No. 121, § 1.

This chapter may be cited as the "Licensure Act of Speech-Language Pathologists and Audiologists".

Acts 1975, No. 277, § 1; A.S.A. 1947, § 72-1801; Acts 1993, No. 121, § 1.
Ark. Code Ann. § 17-26-708 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-708
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-17-206 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-206
List of licensees
Status: in_force

The Auctioneer's Licensing Board shall annually publish a list of the names and addresses of all auctioneers licensed by it pursuant to this chapter. This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well as any other information relative to the enforcement of the provisions of this chapter that the board may deem of interest to the public. Acts 1989, No. 266, § 6.

The Auctioneer's Licensing Board shall annually publish a list of the names and addresses of all auctioneers licensed by it pursuant to this chapter. This list shall contain the names of all persons whose licenses have been suspended or revoked within the preceding year as well as any other information relative to the enforcement of the provisions of this chapter that the board may deem of interest to the public.

Acts 1989, No. 266, § 6.
Ark. Code Ann. § 17-83-301 — AR Code / Title 17 / Chapter 83 / Subchapter 3 / Section 17-83-301
License required
Status: in_force

Beginning July 4, 1990, no individual shall practice or offer to practice dietetics within the meaning of this chapter unless he or she is duly licensed or is a student under the provisions of this chapter or is otherwise entitled under § 17-83-104 or § 17-83-302 . Acts 1989, No. 392, § 6.

Beginning July 4, 1990, no individual shall practice or offer to practice dietetics within the meaning of this chapter unless he or she is duly licensed or is a student under the provisions of this chapter or is otherwise entitled under § 17-83-104 or § 17-83-302 .

Acts 1989, No. 392, § 6.
Ark. Code Ann. § 17-92-707 — AR Code / Title 17 / Chapter 92 / Subchapter 7 / Section 17-92-707
Liability
Status: in_force

(a) All persons acting on behalf of the Arkansas State Board of Pharmacy in the impaired pharmacist program under this section shall be considered officers or employees of the State of Arkansas for purposes of: (1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq. (b) All patient records shall be confidential and shall not be subject to public inspection except pursuant to an order of a court of competent jurisdiction. However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request. Acts 1991, No. 741, § 6.

(a) All persons acting on behalf of the Arkansas State Board of Pharmacy in the impaired pharmacist program under this section shall be considered officers or employees of the State of Arkansas for purposes of: (1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq.

(1) Immunity from civil liability pursuant to § 19-10-301 et seq.; and

(2) Payment of actual damages on behalf of state officers or employees pursuant to § 21-9-201 et seq.

(b) All patient records shall be confidential and shall not be subject to public inspection except pursuant to an order of a court of competent jurisdiction. However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request.

Acts 1991, No. 741, § 6.
Ark. Code Ann. § 17-42-316 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-316
Agency relationship and duties generally
Status: in_force

(a) The common law of agency under Arkansas as supplemented by this section applies to the relationship between a licensee and the licensee's client. (b) (1) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients. (2) The licensee's duty includes without limitation the obligation to: (A) Use reasonable efforts to further the interest of the client; (B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (C) Perform the terms of the written agency agreement; (D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement; (E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client; (F) Comply with all requirements of this section and other applicable statutes and rules; (G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship; (H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate; (I) Account in a timely manner for all moneys and property received in which the client has or may have an interest; (J) Keep confidential all confidential information; and (K) Refrain from disclosing confidential information to a licensee who is not an agent of the client. (c) The duties required of a licensee under this section may not be waived by a client. Amended by Act 2019, No. 315,§ 1465, eff. 7/24/2019. Acts 2011, No. 877, § 1.

(a) The common law of agency under Arkansas as supplemented by this section applies to the relationship between a licensee and the licensee's client.

(b) (1) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients. (2) The licensee's duty includes without limitation the obligation to: (A) Use reasonable efforts to further the interest of the client; (B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (C) Perform the terms of the written agency agreement; (D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement; (E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client; (F) Comply with all requirements of this section and other applicable statutes and rules; (G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship; (H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate; (I) Account in a timely manner for all moneys and property received in which the client has or may have an interest; (J) Keep confidential all confidential information; and (K) Refrain from disclosing confidential information to a licensee who is not an agent of the client.

(1) In accepting employment by a client, a licensee pledges a primary duty of absolute fidelity to protect and promote the interests of the client or clients.

(2) The licensee's duty includes without limitation the obligation to: (A) Use reasonable efforts to further the interest of the client; (B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship; (C) Perform the terms of the written agency agreement; (D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement; (E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client; (F) Comply with all requirements of this section and other applicable statutes and rules; (G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship; (H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate; (I) Account in a timely manner for all moneys and property received in which the client has or may have an interest; (J) Keep confidential all confidential information; and (K) Refrain from disclosing confidential information to a licensee who is not an agent of the client.

(A) Use reasonable efforts to further the interest of the client;

(B) Exercise reasonable skill and care in representing the client and carrying out the responsibilities of the agency relationship;

(C) Perform the terms of the written agency agreement;

(D) Follow lawful instructions of the client unless doing so would expose the licensee to liability from another party to a contract, lease, or rental agreement;

(E) Perform all duties specified in this section in a manner that demonstrates loyalty to the interests of the client;

(F) Comply with all requirements of this section and other applicable statutes and rules;

(G) Disclose to the client material facts of the transaction that the licensee is aware of or should be aware of in the exercise of reasonable skill and care and that are not confidential information under a current or prior agency or dual agency relationship;

(H) Advise the client to obtain expert advice concerning material matters when necessary or appropriate;

(I) Account in a timely manner for all moneys and property received in which the client has or may have an interest;

(J) Keep confidential all confidential information; and

(K) Refrain from disclosing confidential information to a licensee who is not an agent of the client.

(c) The duties required of a licensee under this section may not be waived by a client.

Amended by Act 2019, No. 315,§ 1465, eff. 7/24/2019.

Acts 2011, No. 877, § 1.
Ark. Code Ann. § 17-20-305 — AR Code / Title 17 / Chapter 20 / Subchapter 3 / Section 17-20-305
Display of certificates
Status: in_force

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his or her work chair. Acts 1937, No. 313, § 9; Pope's Dig., § 12077; A.S.A. 1947, § 71-509.

Every holder of a certificate of registration shall display it in a conspicuous place adjacent to or near his or her work chair.

Acts 1937, No. 313, § 9; Pope's Dig., § 12077; A.S.A. 1947, § 71-509.
Ark. Code Ann. § 17-40-342 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-342
Commission - Termination
Status: in_force

If the holder of a commission terminates his or her employment with the licensee or the security department of a private business or school, he or she shall return the commission photo identification card to the Director of the Division of Arkansas State Police within seven (7) days of the date of termination of the employment. Amended by Act 2019, No. 910,§ 5993, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 85, eff. 9/1/2015. Acts 1977, No. 429, § 19; 1981, No. 792, § 11; A.S.A. 1947, § 71-2140; Acts 1999, No. 1493, § 16.

If the holder of a commission terminates his or her employment with the licensee or the security department of a private business or school, he or she shall return the commission photo identification card to the Director of the Division of Arkansas State Police within seven (7) days of the date of termination of the employment.

Amended by Act 2019, No. 910,§ 5993, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 85, eff. 9/1/2015.

Acts 1977, No. 429, § 19; 1981, No. 792, § 11; A.S.A. 1947, § 71-2140; Acts 1999, No. 1493, § 16.
Ark. Code Ann. § 17-47-307 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-307
Registration fees
Status: in_force

Registration fees shall be established by the Arkansas Natural Resources Commission subject to the following limitations: (1) The registration fee for professional soil classifiers shall be in an amount of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100); (2) The registration fee for soil classifier-in-training certification or enrollment shall be established by the commission in an amount not less than ten dollars ($10.00) nor more than fifty dollars ($50.00); and (3) Should the commission deny the issuance of a certificate to an applicant, the fee paid may be retained as an application fee. Amended by Act 2023, No. 691,§ 107, eff. 7/1/2023. Acts 1975, No. 460, § 10; A.S.A. 1947, § 71-2710.

Registration fees shall be established by the Arkansas Natural Resources Commission subject to the following limitations:

(1) The registration fee for professional soil classifiers shall be in an amount of not less than twenty dollars ($20.00) nor more than one hundred dollars ($100);

(2) The registration fee for soil classifier-in-training certification or enrollment shall be established by the commission in an amount not less than ten dollars ($10.00) nor more than fifty dollars ($50.00); and

(3) Should the commission deny the issuance of a certificate to an applicant, the fee paid may be retained as an application fee.

Amended by Act 2023, No. 691,§ 107, eff. 7/1/2023.

Acts 1975, No. 460, § 10; A.S.A. 1947, § 71-2710.
Ark. Code Ann. § 17-95-306 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-306
Criminal background check
Status: in_force

(a) (1) Beginning July 1, 2005, every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Department of Arkansas State Police to release the results of a state and federal criminal history background check report to the board. (2) The applicant shall be responsible for payment of the fees associated with the background checks. (b) (1) The state background check shall be from the Identification Bureau of the Department of Arkansas State Police. (2) The federal background check shall: (A) Be from the Federal Bureau of Investigation; (B) Conform to the applicable federal standards; and (C) Include the taking of fingerprints of the applicant. (c) Upon completion of the criminal background checks required by this section, the Identification Bureau of the Department of Arkansas State Police: (1) Shall forward to the board all releasable information obtained concerning the applicant; and (2) May retain the fingerprinting card of the applicant until notified by the board that the person is no longer licensed. Acts 2005, No. 1249, § 1.

(a) (1) Beginning July 1, 2005, every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Department of Arkansas State Police to release the results of a state and federal criminal history background check report to the board. (2) The applicant shall be responsible for payment of the fees associated with the background checks.

(1) Beginning July 1, 2005, every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Department of Arkansas State Police to release the results of a state and federal criminal history background check report to the board.

(2) The applicant shall be responsible for payment of the fees associated with the background checks.

(b) (1) The state background check shall be from the Identification Bureau of the Department of Arkansas State Police. (2) The federal background check shall: (A) Be from the Federal Bureau of Investigation; (B) Conform to the applicable federal standards; and (C) Include the taking of fingerprints of the applicant.

(1) The state background check shall be from the Identification Bureau of the Department of Arkansas State Police.

(2) The federal background check shall: (A) Be from the Federal Bureau of Investigation; (B) Conform to the applicable federal standards; and (C) Include the taking of fingerprints of the applicant.

(A) Be from the Federal Bureau of Investigation;

(B) Conform to the applicable federal standards; and

(C) Include the taking of fingerprints of the applicant.

(c) Upon completion of the criminal background checks required by this section, the Identification Bureau of the Department of Arkansas State Police: (1) Shall forward to the board all releasable information obtained concerning the applicant; and (2) May retain the fingerprinting card of the applicant until notified by the board that the person is no longer licensed.

(1) Shall forward to the board all releasable information obtained concerning the applicant; and

(2) May retain the fingerprinting card of the applicant until notified by the board that the person is no longer licensed.

Acts 2005, No. 1249, § 1.
Ark. Code Ann. § 17-100-207 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-207
Audiologists - Licensing
Status: in_force

(a) Notwithstanding § 17-84-101 et seq. or any other law to the contrary, a person who is licensed by the Board of Examiners in Speech-Language Pathology and Audiology under § 17-100-301 et seq. as an audiologist in this state shall not be required to be licensed by the Arkansas Board of Hearing Instrument Dispensers. (b) The Board of Examiners in Speech-Language Pathology and Audiology shall promulgate rules governing the dispensing of hearing aids by audiologists licensed by the Board of Examiners in Speech-Language Pathology and Audiology, provided that such rules shall be no less stringent than the rules adopted by the Arkansas Board of Hearing Instrument Dispensers for the dispensing of hearing aids. Amended by Act 2019, No. 315,§ 1652, eff. 7/24/2019. Amended by Act 2013, No. 219,§ 6, eff. 8/16/2013. Acts 1991, No. 1171, § 1.

(a) Notwithstanding § 17-84-101 et seq. or any other law to the contrary, a person who is licensed by the Board of Examiners in Speech-Language Pathology and Audiology under § 17-100-301 et seq. as an audiologist in this state shall not be required to be licensed by the Arkansas Board of Hearing Instrument Dispensers.

(b) The Board of Examiners in Speech-Language Pathology and Audiology shall promulgate rules governing the dispensing of hearing aids by audiologists licensed by the Board of Examiners in Speech-Language Pathology and Audiology, provided that such rules shall be no less stringent than the rules adopted by the Arkansas Board of Hearing Instrument Dispensers for the dispensing of hearing aids.

Amended by Act 2019, No. 315,§ 1652, eff. 7/24/2019.

Amended by Act 2013, No. 219,§ 6, eff. 8/16/2013.

Acts 1991, No. 1171, § 1.
Ark. Code Ann. § 17-93-502 — AR Code / Title 17 / Chapter 93 / Subchapter 5 / Section 17-93-502
Administration of compact - Rules
Status: in_force

(a) The Arkansas State Board of Physical Therapy is the Physical Therapy Licensure Compact administrator for this state. (b) (1) The board may adopt rules necessary to implement this subchapter. (2) (A) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. (c) The board is not required to adopt the rules of the Physical Therapy Compact Commission. Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.

(a) The Arkansas State Board of Physical Therapy is the Physical Therapy Licensure Compact administrator for this state.

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

(1) The board may adopt rules necessary to implement this subchapter.

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

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

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

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

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

(c) The board is not required to adopt the rules of the Physical Therapy Compact Commission.

Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-31-306 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-306
Seal - Unlawful use
Status: in_force

(a) (1) Each registrant may obtain a seal of a design authorized by the Arkansas Forestry Commission, bearing the registrant's name, serial number, and the legend "Registered Forester, Arkansas". (2) All registrants engaged in the practice of forestry, either in a private professional practice or as an employee of an agency of the government or of a corporation, company, partnership, individual, or other private employer, shall endorse with his or her name and impress with his or her seal all plans, specifications, maps, reports, or documents which he or she prepares or which shall be prepared under his or her supervision. (b) Anyone who endorses his or her name or impresses his or her seal upon any document, after the certificate of registration of the registrant named thereon has expired or has been revoked, shall be charged with a misdemeanor unless his or her certificate has been renewed or reissued. Amended by Act 2023, No. 691,§ 90, eff. 7/1/2023. Acts 1969, No. 535, § 16; A.S.A. 1947, § 71-2416.

(a) (1) Each registrant may obtain a seal of a design authorized by the Arkansas Forestry Commission, bearing the registrant's name, serial number, and the legend "Registered Forester, Arkansas". (2) All registrants engaged in the practice of forestry, either in a private professional practice or as an employee of an agency of the government or of a corporation, company, partnership, individual, or other private employer, shall endorse with his or her name and impress with his or her seal all plans, specifications, maps, reports, or documents which he or she prepares or which shall be prepared under his or her supervision.

(1) Each registrant may obtain a seal of a design authorized by the Arkansas Forestry Commission, bearing the registrant's name, serial number, and the legend "Registered Forester, Arkansas".

(2) All registrants engaged in the practice of forestry, either in a private professional practice or as an employee of an agency of the government or of a corporation, company, partnership, individual, or other private employer, shall endorse with his or her name and impress with his or her seal all plans, specifications, maps, reports, or documents which he or she prepares or which shall be prepared under his or her supervision.

(b) Anyone who endorses his or her name or impresses his or her seal upon any document, after the certificate of registration of the registrant named thereon has expired or has been revoked, shall be charged with a misdemeanor unless his or her certificate has been renewed or reissued.

Amended by Act 2023, No. 691,§ 90, eff. 7/1/2023.

Acts 1969, No. 535, § 16; A.S.A. 1947, § 71-2416.
Ark. Code Ann. § 17-50-209 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-209
Investigations
Status: in_force

When engaged in any investigation, any employee of the Department of Agriculture shall have the power to administer oaths and to take depositions of persons relevant to any investigations for violations of this chapter. Amended by Act 2019, No. 910,§ 111, eff. 7/1/2019. Acts 1989, No. 748, § 1.

When engaged in any investigation, any employee of the Department of Agriculture shall have the power to administer oaths and to take depositions of persons relevant to any investigations for violations of this chapter.

Amended by Act 2019, No. 910,§ 111, eff. 7/1/2019.

Acts 1989, No. 748, § 1.
Ark. Code Ann. § 17-52-308 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-308
Complaints and disciplinary procedures
Status: in_force

(a) Disciplinary hearings conducted by the State Board of Appraisers, Abstracters, and Home Inspectors for the purpose of determining whether to levy civil penalties under this subchapter and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under this subchapter shall be open public meetings conducted as provided for in the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise superseded by provisions of this subchapter. (b) Upon its own motion or upon written complaint of any person and after notice and hearing as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may suspend or revoke the registration of any home inspector and issue a fine up to one thousand dollars ($1,000) per violation or occurrence or take any other appropriate disciplinary action for: (1) Any violation of the provisions in this subchapter; (2) Falsifying any application for registration or otherwise providing any false information to the board or the Secretary of State; (3) Conviction of any felony listed under § 17-3-102 ; (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to this subchapter or these rules; (5) Adjudication of insanity; (6) (A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board. (B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or (7) Habitual or excessive use of intoxicants or illegal drugs. Amended by Act 2023, No. 628,§ 53, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1497, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 57, eff. 7/24/2019. Acts 2003, No. 1328, § 1; 2005, No. 2014, § 2.

(a) Disciplinary hearings conducted by the State Board of Appraisers, Abstracters, and Home Inspectors for the purpose of determining whether to levy civil penalties under this subchapter and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under this subchapter shall be open public meetings conducted as provided for in the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise superseded by provisions of this subchapter.

(b) Upon its own motion or upon written complaint of any person and after notice and hearing as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may suspend or revoke the registration of any home inspector and issue a fine up to one thousand dollars ($1,000) per violation or occurrence or take any other appropriate disciplinary action for: (1) Any violation of the provisions in this subchapter; (2) Falsifying any application for registration or otherwise providing any false information to the board or the Secretary of State; (3) Conviction of any felony listed under § 17-3-102 ; (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to this subchapter or these rules; (5) Adjudication of insanity; (6) (A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board. (B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or (7) Habitual or excessive use of intoxicants or illegal drugs.

(1) Any violation of the provisions in this subchapter;

(2) Falsifying any application for registration or otherwise providing any false information to the board or the Secretary of State;

(3) Conviction of any felony listed under § 17-3-102 ;

(4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to this subchapter or these rules;

(5) Adjudication of insanity;

(6) (A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board. (B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or

(A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board.

(B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or

(7) Habitual or excessive use of intoxicants or illegal drugs.

Amended by Act 2023, No. 628,§ 53, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1497, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 57, eff. 7/24/2019.

Acts 2003, No. 1328, § 1; 2005, No. 2014, § 2.
Ark. Code Ann. § 17-92-505 — AR Code / Title 17 / Chapter 92 / Subchapter 5 / Section 17-92-505
Labeling
Status: in_force

(a) (1) The pharmacist filling a prescription for dispensing to an ultimate patient may affix to the container a label showing: (A) The pharmacy name, address, and telephone number; (B) The date of dispensing; (C) The serial number of the prescription; (D) The name of the patient; (E) The name of the prescribing practitioner; (F) Either: (i) The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or (ii) In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product; (G) The strength per unit dose of the medication; (H) The quantity of the medication; and (I) Directions for use. (2) If a pharmacist dispenses a generically equivalent product or interchangeable biological product, the person for whom the medication is prescribed shall be informed before dispensing or the label should appropriately indicate the substitution. (3) This subsection does not apply to the dispensing of medication to inpatients in hospitals. (4) In the case of dispensing a drug product or biological product, the prescribing practitioner may indicate that the name, manufacturer, and strength of the medication dispensed shall be deleted from the label. (b) An authorized person who fills a prescription for dispensing to an ultimate patient shall affix to the container a label showing: (1) The trade name of the medication or the generic name of the medication unless directed to the contrary by the prescribing practitioner; or (2) The trade name, if any, or the proper name of the biological product unless directed to the contrary by the prescribing practitioner. Amended by Act 2019, No. 637,§ 3, eff. 7/24/2019. Acts 1975, No. 436, § 4; 1979, No. 218, § 1; A.S.A. 1947, §§ 72-1050, 72-1050.1.

(a) (1) The pharmacist filling a prescription for dispensing to an ultimate patient may affix to the container a label showing: (A) The pharmacy name, address, and telephone number; (B) The date of dispensing; (C) The serial number of the prescription; (D) The name of the patient; (E) The name of the prescribing practitioner; (F) Either: (i) The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or (ii) In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product; (G) The strength per unit dose of the medication; (H) The quantity of the medication; and (I) Directions for use. (2) If a pharmacist dispenses a generically equivalent product or interchangeable biological product, the person for whom the medication is prescribed shall be informed before dispensing or the label should appropriately indicate the substitution. (3) This subsection does not apply to the dispensing of medication to inpatients in hospitals. (4) In the case of dispensing a drug product or biological product, the prescribing practitioner may indicate that the name, manufacturer, and strength of the medication dispensed shall be deleted from the label.

(1) The pharmacist filling a prescription for dispensing to an ultimate patient may affix to the container a label showing: (A) The pharmacy name, address, and telephone number; (B) The date of dispensing; (C) The serial number of the prescription; (D) The name of the patient; (E) The name of the prescribing practitioner; (F) Either: (i) The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or (ii) In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product; (G) The strength per unit dose of the medication; (H) The quantity of the medication; and (I) Directions for use.

(A) The pharmacy name, address, and telephone number;

(B) The date of dispensing;

(C) The serial number of the prescription;

(D) The name of the patient;

(E) The name of the prescribing practitioner;

(F) Either: (i) The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or (ii) In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product;

(i) The trade name of the drug product, if any, or the generic name and identity of the manufacturer of the dispensed drug product, if the drug product appears generically listed on the drug formulary list as established by this subchapter; or

(ii) In the case of a biological product, the trade name of the biological product, if any, or the proper name of the biological product and identity of the manufacturer of the dispensed biological product;

(G) The strength per unit dose of the medication;

(H) The quantity of the medication; and

(I) Directions for use.

(2) If a pharmacist dispenses a generically equivalent product or interchangeable biological product, the person for whom the medication is prescribed shall be informed before dispensing or the label should appropriately indicate the substitution.

(3) This subsection does not apply to the dispensing of medication to inpatients in hospitals.

(4) In the case of dispensing a drug product or biological product, the prescribing practitioner may indicate that the name, manufacturer, and strength of the medication dispensed shall be deleted from the label.

(b) An authorized person who fills a prescription for dispensing to an ultimate patient shall affix to the container a label showing: (1) The trade name of the medication or the generic name of the medication unless directed to the contrary by the prescribing practitioner; or (2) The trade name, if any, or the proper name of the biological product unless directed to the contrary by the prescribing practitioner.

(1) The trade name of the medication or the generic name of the medication unless directed to the contrary by the prescribing practitioner; or

(2) The trade name, if any, or the proper name of the biological product unless directed to the contrary by the prescribing practitioner.

Amended by Act 2019, No. 637,§ 3, eff. 7/24/2019.

Acts 1975, No. 436, § 4; 1979, No. 218, § 1; A.S.A. 1947, §§ 72-1050, 72-1050.1.
Ark. Code Ann. § 17-26-406 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-406
Refusal or cancellation of school license - Causes
Status: in_force

(a) A school shall not be licensed until the Department of Health has had ample opportunity to verify sworn statements as to the actual ownership. In this respect, if false statements are submitted to the department in connection with a license application, this in itself shall constitute sufficient grounds for the refusal to grant any application under this subchapter. If an application is granted and thereafter the department discovers that false statements were made in connection therewith, this shall constitute sufficient grounds for the cancellation of the school license even though the false statements are detected after a license has been issued. (b) (1) The department may deny a school license to any applicant or licensee upon reasonable evidence that the school or its officials would jeopardize the health and safety of the public. (2) A school license shall not be issued until the real owner files with the department a statement definitely designating who is authorized to accept service of notice from the department and to transact all business negotiations on behalf of the school, including answers to citations for hearing and compliance with rulings issued by the Cosmetology Technical Advisory Committee. Acts 1955, No. 358, Art. 8, § 6; 1969, No. 400, § 5; A.S.A. 1947, § 71-857; Acts 2007, No. 223, § 37; 2009, No. 4, § 17.

(a) A school shall not be licensed until the Department of Health has had ample opportunity to verify sworn statements as to the actual ownership. In this respect, if false statements are submitted to the department in connection with a license application, this in itself shall constitute sufficient grounds for the refusal to grant any application under this subchapter. If an application is granted and thereafter the department discovers that false statements were made in connection therewith, this shall constitute sufficient grounds for the cancellation of the school license even though the false statements are detected after a license has been issued.

(b) (1) The department may deny a school license to any applicant or licensee upon reasonable evidence that the school or its officials would jeopardize the health and safety of the public. (2) A school license shall not be issued until the real owner files with the department a statement definitely designating who is authorized to accept service of notice from the department and to transact all business negotiations on behalf of the school, including answers to citations for hearing and compliance with rulings issued by the Cosmetology Technical Advisory Committee.

(1) The department may deny a school license to any applicant or licensee upon reasonable evidence that the school or its officials would jeopardize the health and safety of the public.

(2) A school license shall not be issued until the real owner files with the department a statement definitely designating who is authorized to accept service of notice from the department and to transact all business negotiations on behalf of the school, including answers to citations for hearing and compliance with rulings issued by the Cosmetology Technical Advisory Committee.

Acts 1955, No. 358, Art. 8, § 6; 1969, No. 400, § 5; A.S.A. 1947, § 71-857; Acts 2007, No. 223, § 37; 2009, No. 4, § 17.
Ark. Code Ann. § 17-39-208 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-208
Display of license and signature
Status: in_force

A polygraph examiner license, an intern polygraph examiner license, or the photo identification card issued by the Director of the Division of Arkansas State Police shall be prominently displayed at the place of business of the licensee or worn on his or her person. Amended by Act 2019, No. 910,§ 5940, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 18, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 17, eff. 8/16/2013. Acts 1967, No. 413, § 14; A.S.A. 1947, § 71-2213.

A polygraph examiner license, an intern polygraph examiner license, or the photo identification card issued by the Director of the Division of Arkansas State Police shall be prominently displayed at the place of business of the licensee or worn on his or her person.

Amended by Act 2019, No. 910,§ 5940, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 18, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 17, eff. 8/16/2013.

Acts 1967, No. 413, § 14; A.S.A. 1947, § 71-2213.
Ark. Code Ann. § 17-81-207 — AR Code / Title 17 / Chapter 81 / Subchapter 2 / Section 17-81-207
Director
Status: in_force

(a) Pursuant to its authority set forth in § 17-81-206(b)(8) , the Arkansas State Board of Chiropractic Examiners of the Department of Health may employ a Director of the Arkansas State Board of Chiropractic Examiners. (b) (1) The director in consultation with and review of the Treasurer of the Arkansas State Board of Chiropractic Examiners shall collect all fees and fines on behalf of the board and submit all payment requests on behalf of the board for its state appropriations. (2) The director shall give in writing at the annual meeting of the board a fully itemized report of his or her receipts and disbursements for the preceding year showing the amount of money on hand and shall submit reports for inspection at other times as may be requested by the board or by any of its members. (3) Copies of the annual reports, actions of the board, and number licensed for the year, certified by the Secretary of the Arkansas State Board of Chiropractic Examiners, shall be submitted by the director to the various chiropractic professional organizations in Arkansas and the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4870, eff. 7/1/2019. Amended by Act 2017, No. 397,§ 4, eff. 8/1/2017. Acts 1971, No. 706, § 25; A.S.A. 1947, § 72-439; Acts 1999, No. 1553, § 5.

(a) Pursuant to its authority set forth in § 17-81-206(b)(8) , the Arkansas State Board of Chiropractic Examiners of the Department of Health may employ a Director of the Arkansas State Board of Chiropractic Examiners.

(b) (1) The director in consultation with and review of the Treasurer of the Arkansas State Board of Chiropractic Examiners shall collect all fees and fines on behalf of the board and submit all payment requests on behalf of the board for its state appropriations. (2) The director shall give in writing at the annual meeting of the board a fully itemized report of his or her receipts and disbursements for the preceding year showing the amount of money on hand and shall submit reports for inspection at other times as may be requested by the board or by any of its members. (3) Copies of the annual reports, actions of the board, and number licensed for the year, certified by the Secretary of the Arkansas State Board of Chiropractic Examiners, shall be submitted by the director to the various chiropractic professional organizations in Arkansas and the Secretary of the Department of Health.

(1) The director in consultation with and review of the Treasurer of the Arkansas State Board of Chiropractic Examiners shall collect all fees and fines on behalf of the board and submit all payment requests on behalf of the board for its state appropriations.

(2) The director shall give in writing at the annual meeting of the board a fully itemized report of his or her receipts and disbursements for the preceding year showing the amount of money on hand and shall submit reports for inspection at other times as may be requested by the board or by any of its members.

(3) Copies of the annual reports, actions of the board, and number licensed for the year, certified by the Secretary of the Arkansas State Board of Chiropractic Examiners, shall be submitted by the director to the various chiropractic professional organizations in Arkansas and the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4870, eff. 7/1/2019.

Amended by Act 2017, No. 397,§ 4, eff. 8/1/2017.

Acts 1971, No. 706, § 25; A.S.A. 1947, § 72-439; Acts 1999, No. 1553, § 5.
Ark. Code Ann. § 17-26-706 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-706
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-102-202 — AR Code / Title 17 / Chapter 102 / Subchapter 2 / Section 17-102-202
Board members - Qualifications
Status: in_force

(a) Each member of the Arkansas State Board of Acupuncture and Related Techniques shall be a citizen of the United States, a resident of this state, and, before entering upon the duties of the office, shall take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment. (b) Each full professional member also shall be a graduate of a reputable school or institute of acupuncture or Oriental medicine and be certified by the National Certification Commission for Acupuncture and Oriental Medicine. Acts 1997, No. 816, § 8.

(a) Each member of the Arkansas State Board of Acupuncture and Related Techniques shall be a citizen of the United States, a resident of this state, and, before entering upon the duties of the office, shall take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment.

(b) Each full professional member also shall be a graduate of a reputable school or institute of acupuncture or Oriental medicine and be certified by the National Certification Commission for Acupuncture and Oriental Medicine.

Acts 1997, No. 816, § 8.
Ark. Code Ann. § 17-17-308 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-308
Suspension or revocation
Status: in_force

The Auctioneer's Licensing Board may impose a civil penalty or suspend or revoke the license of an auctioneer for any of the following causes: (1) Obtaining a license through false or fraudulent representation; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; (3) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession; (4) Commingling funds of others with his or her own or failing to keep the funds of others in an escrow or trustee account; (5) Paying valuable consideration to any person for services performed in violation of this chapter; (6) Being convicted of a criminal offense involving a felony listed under § 17-3-102 in a court of competent jurisdiction of this or any other jurisdiction; (7) Willfully violating a rule promulgated by the board; (8) Failing to enter into a written contract with the seller and to furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer, including the contract; (9) Any conduct of an auctioneer that demonstrates bad faith, dishonesty, incompetency, untruthfulness, or deceptive practices; (10) Any other conduct that constitutes improper, fraudulent, or dishonest dealings, including falsely accusing any auctioneer or auction house; (11) Failing to complete or submit the continuing education requirements as specified by this chapter and the rules adopted by the board; or (12) Failing to disclose the buyer's premium in all advertising associated with an auction. Amended by Act 2019, No. 315,§ 1353, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1352, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 20, eff. 7/24/2019. Acts 1989, No. 266, § 11; 1999, No. 1333, § 7; 1999, No. 1506, § 2; 2001, No. 1258, § 1; 2003, No. 1748, § 4.

The Auctioneer's Licensing Board may impose a civil penalty or suspend or revoke the license of an auctioneer for any of the following causes:

(1) Obtaining a license through false or fraudulent representation;

(2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise;

(3) Failing to account for or remit within a reasonable time any money belonging to others that comes into his or her possession;

(4) Commingling funds of others with his or her own or failing to keep the funds of others in an escrow or trustee account;

(5) Paying valuable consideration to any person for services performed in violation of this chapter;

(6) Being convicted of a criminal offense involving a felony listed under § 17-3-102 in a court of competent jurisdiction of this or any other jurisdiction;

(7) Willfully violating a rule promulgated by the board;

(8) Failing to enter into a written contract with the seller and to furnish voluntarily to the seller at the time of execution copies of all written instruments prepared by the auctioneer, including the contract;

(9) Any conduct of an auctioneer that demonstrates bad faith, dishonesty, incompetency, untruthfulness, or deceptive practices;

(10) Any other conduct that constitutes improper, fraudulent, or dishonest dealings, including falsely accusing any auctioneer or auction house;

(11) Failing to complete or submit the continuing education requirements as specified by this chapter and the rules adopted by the board; or

(12) Failing to disclose the buyer's premium in all advertising associated with an auction.

Amended by Act 2019, No. 315,§ 1353, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1352, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 20, eff. 7/24/2019.

Acts 1989, No. 266, § 11; 1999, No. 1333, § 7; 1999, No. 1506, § 2; 2001, No. 1258, § 1; 2003, No. 1748, § 4.
Ark. Code Ann. § 17-35-604 — AR Code / Title 17 / Chapter 35 / Subchapter 6 / Section 17-35-604
Exemptions - Use of the title
Status: in_force

(a) Sections 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall not apply to persons holding themselves out as "interior decorators" or offering "interior decorating services", such as selection or assistance in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or loose furnishings not subject to regulation under applicable building codes. (b) Sections 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall not apply to architects licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers, provided that such architects do not refer to themselves as "registered residential interior designers" unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 . (c) Nothing contained in §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall prevent any person from rendering residential interior design services, provided such a person does not use the title of "registered residential interior designer" unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 . Acts 1993, No. 959, § 12.

(a) Sections 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall not apply to persons holding themselves out as "interior decorators" or offering "interior decorating services", such as selection or assistance in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or loose furnishings not subject to regulation under applicable building codes.

(b) Sections 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall not apply to architects licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers, provided that such architects do not refer to themselves as "registered residential interior designers" unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 .

(c) Nothing contained in §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 shall prevent any person from rendering residential interior design services, provided such a person does not use the title of "registered residential interior designer" unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 .

Acts 1993, No. 959, § 12.
Ark. Code Ann. § 17-80-301 — AR Code / Title 17 / Chapter 80 / Subchapter 3 / Section 17-80-301
Purposes
Status: in_force

The purposes of this subchapter are to: (1) Provide appointment recommendations for Arkansas state boards and commissions that license or otherwise regulate health-related professions to ensure board and commission compositions that reflect the diversity of the State of Arkansas; and (2) Ensure that cultural competency, health disparities, and other minority health issues are adequately represented in the health policy decisions determined by state health-related agencies, boards, and commissions for the State of Arkansas. Acts 2009, No. 1490, § 1.

The purposes of this subchapter are to:

(1) Provide appointment recommendations for Arkansas state boards and commissions that license or otherwise regulate health-related professions to ensure board and commission compositions that reflect the diversity of the State of Arkansas; and

(2) Ensure that cultural competency, health disparities, and other minority health issues are adequately represented in the health policy decisions determined by state health-related agencies, boards, and commissions for the State of Arkansas.

Acts 2009, No. 1490, § 1.
Ark. Code Ann. § 17-83-103 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-103
Definitions
Status: in_force

As used in this chapter: (1) "Academy" means the Arkansas Academy of Nutrition and Dietetics; (2) "Commission on Dietetic Registration" means the Commission on Dietetic Registration that is a national certifying agency for voluntary professional credentialing in dietetics and a member of the Institute for Credentialing Excellence; (3) "Degree" means a degree received from a United States college or university that was regionally accredited at the time the degree was conferred; (4) "Dietetic technician" means one who has completed a dietetic technician program and has received a two-year associate degree from a regionally accredited college or university; (5) "Dietetics practice" means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain people's health through the provision of nutrition care services; (6) "Dietitian" means one engaged in dietetics practice; (7) "Institute for Credentialing Excellence" means the national organization that establishes national standards for certifying bodies that attest to the competence of individuals who participate in the healthcare delivery system, grants recognition to certifying bodies that voluntarily apply and meet the established standards, and monitors the adherence to those standards by the certifying bodies that it has recognized; (8) "Licensed dietitian" means a person licensed under this chapter; (9) "Nutrition care services" means: (A) Assessing the nutritional needs of individuals and groups of humans and determining resources and constraints in the practice setting; (B) Establishing priorities, goals, and objectives that meet nutritional needs of humans and are consistent with available resources and constraints; (C) Providing nutrition counseling to humans in health and disease; (D) Developing, implementing, and managing nutrition care of, and food service systems for, humans; and (E) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services for humans; (10) "Nutrition counseling" means advising and assisting individuals or groups concerning appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status; (11) "Nutritional assessment" means the evaluation of the nutritional needs of individuals and groups, based upon appropriate biochemical, anthropometric, physical, and dietary data, to determine nutrient needs and recommend appropriate nutritional intervention, including enteral and parenteral nutrition; (12) "Provisionally licensed dietitian" means a person provisionally licensed under this chapter; and (13) "Registered dietitian" means a person registered by the Commission on Dietetic Registration. Amended by Act 2013, No. 173,§ 1, eff. 8/16/2013. Acts 1989, No. 392, § 3.

As used in this chapter:

(1) "Academy" means the Arkansas Academy of Nutrition and Dietetics;

(2) "Commission on Dietetic Registration" means the Commission on Dietetic Registration that is a national certifying agency for voluntary professional credentialing in dietetics and a member of the Institute for Credentialing Excellence;

(3) "Degree" means a degree received from a United States college or university that was regionally accredited at the time the degree was conferred;

(4) "Dietetic technician" means one who has completed a dietetic technician program and has received a two-year associate degree from a regionally accredited college or university;

(5) "Dietetics practice" means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain people's health through the provision of nutrition care services;

(6) "Dietitian" means one engaged in dietetics practice;

(7) "Institute for Credentialing Excellence" means the national organization that establishes national standards for certifying bodies that attest to the competence of individuals who participate in the healthcare delivery system, grants recognition to certifying bodies that voluntarily apply and meet the established standards, and monitors the adherence to those standards by the certifying bodies that it has recognized;

(8) "Licensed dietitian" means a person licensed under this chapter;

(9) "Nutrition care services" means: (A) Assessing the nutritional needs of individuals and groups of humans and determining resources and constraints in the practice setting; (B) Establishing priorities, goals, and objectives that meet nutritional needs of humans and are consistent with available resources and constraints; (C) Providing nutrition counseling to humans in health and disease; (D) Developing, implementing, and managing nutrition care of, and food service systems for, humans; and (E) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services for humans;

(A) Assessing the nutritional needs of individuals and groups of humans and determining resources and constraints in the practice setting;

(B) Establishing priorities, goals, and objectives that meet nutritional needs of humans and are consistent with available resources and constraints;

(C) Providing nutrition counseling to humans in health and disease;

(D) Developing, implementing, and managing nutrition care of, and food service systems for, humans; and

(E) Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services for humans;

(10) "Nutrition counseling" means advising and assisting individuals or groups concerning appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;

(11) "Nutritional assessment" means the evaluation of the nutritional needs of individuals and groups, based upon appropriate biochemical, anthropometric, physical, and dietary data, to determine nutrient needs and recommend appropriate nutritional intervention, including enteral and parenteral nutrition;

(12) "Provisionally licensed dietitian" means a person provisionally licensed under this chapter; and

(13) "Registered dietitian" means a person registered by the Commission on Dietetic Registration.

Amended by Act 2013, No. 173,§ 1, eff. 8/16/2013.

Acts 1989, No. 392, § 3.
Ark. Code Ann. § 17-95-913 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-913
Identification requirements
Status: in_force

A graduate registered physician licensed under this subchapter shall keep his or her license available for inspection at his or her primary place of business, and when engaged in professional activities, a graduate registered physician shall wear a name tag identifying himself or herself as a graduate registered physician, and immediately below the licensure of degree, information in equal size or larger lettering. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

A graduate registered physician licensed under this subchapter shall keep his or her license available for inspection at his or her primary place of business, and when engaged in professional activities, a graduate registered physician shall wear a name tag identifying himself or herself as a graduate registered physician, and immediately below the licensure of degree, information in equal size or larger lettering.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-27-303 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-303
Licensed marriage and family therapist - Qualifications - Application before January 1, 1998
Status: in_force

The Arkansas Board of Examiners in Counseling shall issue a license as a licensed marriage and family therapist to each applicant who files an application upon a form and in the manner as 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 hereunder; (4) The applicant has received a graduate degree in either marriage and family therapy or a related field with specific course work in marriage and family therapy as approved by the board; and (5) The applicant has at least five (5) years of clinical experience in the practice of marriage and family therapy or clinical membership in the American Association for Marriage and Family Therapy or the National Academy of Certified Family Counselors or certification by an appropriate professional organization, as defined by the board. Amended by Act 2019, No. 315,§ 1388, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 32, eff. 7/24/2019. Acts 1997, No. 244, § 4.

The Arkansas Board of Examiners in Counseling shall issue a license as a licensed marriage and family therapist to each applicant who files an application upon a form and in the manner as 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 hereunder;

(4) The applicant has received a graduate degree in either marriage and family therapy or a related field with specific course work in marriage and family therapy as approved by the board; and

(5) The applicant has at least five (5) years of clinical experience in the practice of marriage and family therapy or clinical membership in the American Association for Marriage and Family Therapy or the National Academy of Certified Family Counselors or certification by an appropriate professional organization, as defined by the board.

Amended by Act 2019, No. 315,§ 1388, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 32, eff. 7/24/2019.

Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-100-106 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-106
Civil penalties
Status: in_force

(a) Any person who, after notice and hearing, is found by the Board of Examiners in Speech-Language Pathology and Audiology to have violated any provision of this chapter or any rule of the board may be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation. (b) The penalty provided for in this section, plus interest at ten percent (10%) per annum, shall be paid to the board before the speech-language pathologist or audiologist can be issued a license to engage in practice in this state. (c) The board shall have the authority to withhold approval for up to six (6) months of any application for any person who before approval of the application has been found in violation of this chapter. (d) The board shall have the authority to file suit in the Pulaski County Circuit Court or the circuit court of the county in which the person resides to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the person of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1649, eff. 7/24/2019. Acts 1993, No. 121, § 5.

(a) Any person who, after notice and hearing, is found by the Board of Examiners in Speech-Language Pathology and Audiology to have violated any provision of this chapter or any rule of the board may be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation.

(b) The penalty provided for in this section, plus interest at ten percent (10%) per annum, shall be paid to the board before the speech-language pathologist or audiologist can be issued a license to engage in practice in this state.

(c) The board shall have the authority to withhold approval for up to six (6) months of any application for any person who before approval of the application has been found in violation of this chapter.

(d) The board shall have the authority to file suit in the Pulaski County Circuit Court or the circuit court of the county in which the person resides to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the person of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1649, eff. 7/24/2019.

Acts 1993, No. 121, § 5.
Ark. Code Ann. § 17-17-202 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-202
Organization
Status: in_force

(a) The Auctioneer's Licensing Board, immediately upon qualification of the member appointed in each year, shall organize by selecting from its members a chair. (b) A quorum of the board shall be four (4) members. Acts 1989, No. 266, § 6.

(a) The Auctioneer's Licensing Board, immediately upon qualification of the member appointed in each year, shall organize by selecting from its members a chair.

(b) A quorum of the board shall be four (4) members.

Acts 1989, No. 266, § 6.
Ark. Code Ann. § 17-81-102 — AR Code / Title 17 / Chapter 81 / Subchapter 1 / Section 17-81-102
Definitions
Status: in_force

As used in this chapter: (1) "Analysis" includes physical examination, the use of X-ray and other analytical instruments, and procedures generally used in the practice of chiropractic; (2) "Board" means the Arkansas State Board of Chiropractic Examiners; (3) "Chiropractic" means that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations, and the role of its relationship in the restoration and maintenance of health; (4) "Chiropractic aide" means an unlicensed member of the chiropractic team who may assist a chiropractic physician in the performance of those procedures and techniques constituting the practice of chiropractic as defined in this chapter with the exception of spinal manipulation and adjustment, provided that such assistance shall be performed under the direct supervision of a licensed chiropractic physician; (5) "Physician" means a person authorized or licensed to practice medicine pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., a person authorized or licensed to practice chiropractic pursuant to the provisions of this chapter, and a person authorized to practice osteopathy pursuant to § 17-91-101 et seq.; (6) (A) "Practice of chiropractic" means the engagement in the diagnosis and analysis of any interference with normal nerve transmission and expression, and the procedure preparatory to and complementary to the correction thereof by an adjustment of the articulations of the vertebral column, its immediate articulations, including spinal adjustments, spinal manipulations, and spinal mobilizations, such as any type of pressure, force, thrust, or passive movement, singular or plural, applied to the spinal vertebrae or their adjacent articulations by hand or mechanical device or by other incidental adjustments, for the restoration and maintenance of health. The practice of chiropractic includes therapy, the normal regimen, and rehabilitation of the patient for the purpose of removing any injury, deformity, or abnormality of human beings without the use of drugs or surgery. (B) The practice of chiropractic, as authorized under the provisions of this chapter, shall not include the performance of the duties of a midwife or obstetrician, therapy by the use of ionizing radiation, incisive surgery, prescribing for or administering to any person any drug to be taken internally, or puncturing the skin for the purpose of introducing any substance into the body. Nothing herein shall prevent puncturing the skin for routine blood analysis, including red blood count, white blood count, differential and serology, in the practice of chiropractic for diagnostic purposes; and (7) "Spinal manipulation" and "adjustment" mean the skillful or dexterous treatment whereby a corrective force or passive movement of the joint is made to realign vertebrae or articulations to their normal juxtaposition. Acts 1971, No. 706, §§ 3, 17; 1975, No. 612, § 1; 1981, No. 568, § 1; 1983, No. 148, § 1; A.S.A. 1947, §§ 72-417, 72-431, 72-434; Acts 1987, No. 354, § 1; 1999, No. 1553, § 1.

As used in this chapter:

(1) "Analysis" includes physical examination, the use of X-ray and other analytical instruments, and procedures generally used in the practice of chiropractic;

(2) "Board" means the Arkansas State Board of Chiropractic Examiners;

(3) "Chiropractic" means that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations, and the role of its relationship in the restoration and maintenance of health;

(4) "Chiropractic aide" means an unlicensed member of the chiropractic team who may assist a chiropractic physician in the performance of those procedures and techniques constituting the practice of chiropractic as defined in this chapter with the exception of spinal manipulation and adjustment, provided that such assistance shall be performed under the direct supervision of a licensed chiropractic physician;

(5) "Physician" means a person authorized or licensed to practice medicine pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., a person authorized or licensed to practice chiropractic pursuant to the provisions of this chapter, and a person authorized to practice osteopathy pursuant to § 17-91-101 et seq.;

(6) (A) "Practice of chiropractic" means the engagement in the diagnosis and analysis of any interference with normal nerve transmission and expression, and the procedure preparatory to and complementary to the correction thereof by an adjustment of the articulations of the vertebral column, its immediate articulations, including spinal adjustments, spinal manipulations, and spinal mobilizations, such as any type of pressure, force, thrust, or passive movement, singular or plural, applied to the spinal vertebrae or their adjacent articulations by hand or mechanical device or by other incidental adjustments, for the restoration and maintenance of health. The practice of chiropractic includes therapy, the normal regimen, and rehabilitation of the patient for the purpose of removing any injury, deformity, or abnormality of human beings without the use of drugs or surgery. (B) The practice of chiropractic, as authorized under the provisions of this chapter, shall not include the performance of the duties of a midwife or obstetrician, therapy by the use of ionizing radiation, incisive surgery, prescribing for or administering to any person any drug to be taken internally, or puncturing the skin for the purpose of introducing any substance into the body. Nothing herein shall prevent puncturing the skin for routine blood analysis, including red blood count, white blood count, differential and serology, in the practice of chiropractic for diagnostic purposes; and

(A) "Practice of chiropractic" means the engagement in the diagnosis and analysis of any interference with normal nerve transmission and expression, and the procedure preparatory to and complementary to the correction thereof by an adjustment of the articulations of the vertebral column, its immediate articulations, including spinal adjustments, spinal manipulations, and spinal mobilizations, such as any type of pressure, force, thrust, or passive movement, singular or plural, applied to the spinal vertebrae or their adjacent articulations by hand or mechanical device or by other incidental adjustments, for the restoration and maintenance of health. The practice of chiropractic includes therapy, the normal regimen, and rehabilitation of the patient for the purpose of removing any injury, deformity, or abnormality of human beings without the use of drugs or surgery.

(B) The practice of chiropractic, as authorized under the provisions of this chapter, shall not include the performance of the duties of a midwife or obstetrician, therapy by the use of ionizing radiation, incisive surgery, prescribing for or administering to any person any drug to be taken internally, or puncturing the skin for the purpose of introducing any substance into the body. Nothing herein shall prevent puncturing the skin for routine blood analysis, including red blood count, white blood count, differential and serology, in the practice of chiropractic for diagnostic purposes; and

(7) "Spinal manipulation" and "adjustment" mean the skillful or dexterous treatment whereby a corrective force or passive movement of the joint is made to realign vertebrae or articulations to their normal juxtaposition.

Acts 1971, No. 706, §§ 3, 17; 1975, No. 612, § 1; 1981, No. 568, § 1; 1983, No. 148, § 1; A.S.A. 1947, §§ 72-417, 72-431, 72-434; Acts 1987, No. 354, § 1; 1999, No. 1553, § 1.
Ark. Code Ann. § 17-33-204 — AR Code / Title 17 / Chapter 33 / Subchapter 2 / Section 17-33-204
Fees
Status: in_force

(a) (1) The HVACR Licensing Board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to: (A) Testing fees; (B) License fees; (C) Civil penalty fees; (D) Registration fees; (E) Inspection fees; (F) Fees for code books; (G) Late renewal fees; and (H) Late penalty fees. (2) The board may provide for a reduction in the fees of a person or partnership who holds one (1) or more licenses determined by the board to be HVACR-related and for which the board determines a reduction in fees should be allowed. (b) Until a fee schedule is established by the board, the licensure and registration fees shall be as follows: Class A License ............... $200.00 Class B License ............... 150.00 Class C License ............... 100.00 Class D License ............... 150.00 Class E License ............... 150.00 Class L License ............... No Charge Registration Fee ............... 25.00. (c) The fees established by the board for licensure and registration shall not exceed the amounts provided for in subsection (b) of this section. Acts 1991, No. 277, § 11; 1999, No. 465, § 5.

(a) (1) The HVACR Licensing Board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to: (A) Testing fees; (B) License fees; (C) Civil penalty fees; (D) Registration fees; (E) Inspection fees; (F) Fees for code books; (G) Late renewal fees; and (H) Late penalty fees. (2) The board may provide for a reduction in the fees of a person or partnership who holds one (1) or more licenses determined by the board to be HVACR-related and for which the board determines a reduction in fees should be allowed.

(1) The HVACR Licensing Board shall adopt a fee schedule by rule and regulation. The fee schedule may include, but is not limited to: (A) Testing fees; (B) License fees; (C) Civil penalty fees; (D) Registration fees; (E) Inspection fees; (F) Fees for code books; (G) Late renewal fees; and (H) Late penalty fees.

(A) Testing fees;

(B) License fees;

(C) Civil penalty fees;

(D) Registration fees;

(E) Inspection fees;

(F) Fees for code books;

(G) Late renewal fees; and

(H) Late penalty fees.

(2) The board may provide for a reduction in the fees of a person or partnership who holds one (1) or more licenses determined by the board to be HVACR-related and for which the board determines a reduction in fees should be allowed.

(b) Until a fee schedule is established by the board, the licensure and registration fees shall be as follows: Class A License ............... $200.00 Class B License ............... 150.00 Class C License ............... 100.00 Class D License ............... 150.00 Class E License ............... 150.00 Class L License ............... No Charge Registration Fee ............... 25.00.

Class A License ............... $200.00

Class B License ............... 150.00

Class C License ............... 100.00

Class D License ............... 150.00

Class E License ............... 150.00

Class L License ............... No Charge

Registration Fee ............... 25.00.

(c) The fees established by the board for licensure and registration shall not exceed the amounts provided for in subsection (b) of this section.

Acts 1991, No. 277, § 11; 1999, No. 465, § 5.
Ark. Code Ann. § 17-16-103 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-103
Service of process - Subpoenas
Status: in_force

By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State. Acts 2001, No. 1622, § 3.

By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State.

Acts 2001, No. 1622, § 3.
Ark. Code Ann. § 17-90-109 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-109
Regulation of contact lenses
Status: in_force

(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009, or prescriptions for contact lenses to a resident of Arkansas without first having: (1) Registered and paid all applicable fees required by the State Board of Optometry; (2) Possession of a positively verified written, signed, and unexpired contact lens prescription issued, dispensed, sold, or supplied by a licensed optometrist or ophthalmologist in compliance with the laws of the State of Arkansas and all rules promulgated by the board; and (3) Registered to do business with the Secretary of State and designated a registered agent for service of process. (b) (1) If a nonresident person, firm, corporation, or legal entity fails to comply with the requirements of subsection (a) of this section, service of process may be perfected in accordance with the provisions of § 17-90-106 . (2) Alternatively, the optometrist or ophthalmologist dispensing, selling, or supplying the contact lenses shall be deemed a valid agent for service of process for the nonresident person, firm, corporation, or legal entity. (c) (1) Optometrists and ophthalmologists licensed to practice in Arkansas and a person, firm, corporation, or other legal entity outside the State of Arkansas authorized under subsection (a) of this section may sell, prescribe, or dispense vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009. (2) This subsection does not authorize any optometrist, person, firm, or other legal entity to dispense: (A) Contact lenses medicated with drugs listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (B) Medicated contact lenses that are not vision correcting; or (C) Medicated contact lenses for any purpose other than the diagnosis or treatment of diseases and conditions of the eye, lids, and adnexa. Amended by Act 2019, No. 315,§ 1558, eff. 7/24/2019. Acts 2003, No. 866, § 2; 2009, No. 449, § 1.

(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009, or prescriptions for contact lenses to a resident of Arkansas without first having: (1) Registered and paid all applicable fees required by the State Board of Optometry; (2) Possession of a positively verified written, signed, and unexpired contact lens prescription issued, dispensed, sold, or supplied by a licensed optometrist or ophthalmologist in compliance with the laws of the State of Arkansas and all rules promulgated by the board; and (3) Registered to do business with the Secretary of State and designated a registered agent for service of process.

(1) Registered and paid all applicable fees required by the State Board of Optometry;

(2) Possession of a positively verified written, signed, and unexpired contact lens prescription issued, dispensed, sold, or supplied by a licensed optometrist or ophthalmologist in compliance with the laws of the State of Arkansas and all rules promulgated by the board; and

(3) Registered to do business with the Secretary of State and designated a registered agent for service of process.

(b) (1) If a nonresident person, firm, corporation, or legal entity fails to comply with the requirements of subsection (a) of this section, service of process may be perfected in accordance with the provisions of § 17-90-106 . (2) Alternatively, the optometrist or ophthalmologist dispensing, selling, or supplying the contact lenses shall be deemed a valid agent for service of process for the nonresident person, firm, corporation, or legal entity.

(1) If a nonresident person, firm, corporation, or legal entity fails to comply with the requirements of subsection (a) of this section, service of process may be perfected in accordance with the provisions of § 17-90-106 .

(2) Alternatively, the optometrist or ophthalmologist dispensing, selling, or supplying the contact lenses shall be deemed a valid agent for service of process for the nonresident person, firm, corporation, or legal entity.

(c) (1) Optometrists and ophthalmologists licensed to practice in Arkansas and a person, firm, corporation, or other legal entity outside the State of Arkansas authorized under subsection (a) of this section may sell, prescribe, or dispense vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009. (2) This subsection does not authorize any optometrist, person, firm, or other legal entity to dispense: (A) Contact lenses medicated with drugs listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (B) Medicated contact lenses that are not vision correcting; or (C) Medicated contact lenses for any purpose other than the diagnosis or treatment of diseases and conditions of the eye, lids, and adnexa.

(1) Optometrists and ophthalmologists licensed to practice in Arkansas and a person, firm, corporation, or other legal entity outside the State of Arkansas authorized under subsection (a) of this section may sell, prescribe, or dispense vision correcting contact lenses that have been medicated with legend drugs approved by the United States Food and Drug Administration as of January 1, 2009.

(2) This subsection does not authorize any optometrist, person, firm, or other legal entity to dispense: (A) Contact lenses medicated with drugs listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (B) Medicated contact lenses that are not vision correcting; or (C) Medicated contact lenses for any purpose other than the diagnosis or treatment of diseases and conditions of the eye, lids, and adnexa.

(A) Contact lenses medicated with drugs listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(B) Medicated contact lenses that are not vision correcting; or

(C) Medicated contact lenses for any purpose other than the diagnosis or treatment of diseases and conditions of the eye, lids, and adnexa.

Amended by Act 2019, No. 315,§ 1558, eff. 7/24/2019.

Acts 2003, No. 866, § 2; 2009, No. 449, § 1.
Ark. Code Ann. § 17-92-605 — AR Code / Title 17 / Chapter 92 / Subchapter 6 / Section 17-92-605
Hospital pharmacy license - Services permitted
Status: in_force

(a) All hospital pharmacies shall be licensed by the Arkansas State Board of Pharmacy as provided for by this subchapter. The hospital pharmacy license shall be issued in the name of the hospital. (b) Any hospital receiving a permit shall advise the board of the name of: (1) The hospital administrator or other person assuming responsibility for the general administration of the hospital; (2) The director of the pharmacy, or other person assuming responsibility for the general operation of the hospital pharmacy, who shall be a licensed pharmacist; and (3) All other licensed pharmacists employed by the hospital in its hospital pharmacy. (c) The hospital and the director of pharmacy shall be required to report to the board any change in licensed pharmacist personnel. (d) Upon the receipt of a hospital pharmacy license, a hospital pharmacy may provide the following pharmaceutical services: (1) Prepare for distribution and administration of drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the patients in the hospital as set forth in § 17-92-602(3) ; and (2) Compound or dispense drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the hospital's employees, members of the immediate families of hospital employees, patients being discharged, and other persons in emergency situations. Acts 1975, No. 659, §§ 3, 4; 1981, No. 584, § 2; A.S.A. 1947, §§ 72-1056, 72-1057.

(a) All hospital pharmacies shall be licensed by the Arkansas State Board of Pharmacy as provided for by this subchapter. The hospital pharmacy license shall be issued in the name of the hospital.

(b) Any hospital receiving a permit shall advise the board of the name of: (1) The hospital administrator or other person assuming responsibility for the general administration of the hospital; (2) The director of the pharmacy, or other person assuming responsibility for the general operation of the hospital pharmacy, who shall be a licensed pharmacist; and (3) All other licensed pharmacists employed by the hospital in its hospital pharmacy.

(1) The hospital administrator or other person assuming responsibility for the general administration of the hospital;

(2) The director of the pharmacy, or other person assuming responsibility for the general operation of the hospital pharmacy, who shall be a licensed pharmacist; and

(3) All other licensed pharmacists employed by the hospital in its hospital pharmacy.

(c) The hospital and the director of pharmacy shall be required to report to the board any change in licensed pharmacist personnel.

(d) Upon the receipt of a hospital pharmacy license, a hospital pharmacy may provide the following pharmaceutical services: (1) Prepare for distribution and administration of drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the patients in the hospital as set forth in § 17-92-602(3) ; and (2) Compound or dispense drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the hospital's employees, members of the immediate families of hospital employees, patients being discharged, and other persons in emergency situations.

(1) Prepare for distribution and administration of drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the patients in the hospital as set forth in § 17-92-602(3) ; and

(2) Compound or dispense drugs, chemicals, medicines, prescriptions, or poisons for the use or benefit of the hospital's employees, members of the immediate families of hospital employees, patients being discharged, and other persons in emergency situations.

Acts 1975, No. 659, §§ 3, 4; 1981, No. 584, § 2; A.S.A. 1947, §§ 72-1056, 72-1057.
Ark. Code Ann. § 17-91-101 — AR Code / Title 17 / Chapter 91 / Section 17-91-101
Osteopathic physician - Licensing requirements
Status: in_force

(a) The Arkansas State Medical Board shall accept for licensure by examination any person who: (1) Is at least twenty-one (21) years of age; (2) Is a citizen or a legal resident of the United States; (3) Has not been found guilty of acts constituting unprofessional conduct as defined in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (4) Is a graduate of an osteopathic college of medicine whose course of study has been recognized by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (5) Has completed a one-year internship in a hospital approved by the American Medical Association or the American Osteopathic Association. (b) (1) Applicants for such a licensure shall pay the fees required by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (2) The board shall not increase or set assessed fees exceeding the amounts in this section. (3) If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. Amended by Act 2023, No. 79,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 990,§ 88, eff. 7/24/2019. Amended by Act 2019, No. 607,§ 1, eff. 3/29/2019. Amended by Act 2019, No. 910,§ 2249, eff. 7/1/2019. Acts 1971, No. 650, §§ 1, 2; A.S.A. 1947, §§ 72-911, 72-912; Acts 2001, No. 929, § 2.

(a) The Arkansas State Medical Board shall accept for licensure by examination any person who: (1) Is at least twenty-one (21) years of age; (2) Is a citizen or a legal resident of the United States; (3) Has not been found guilty of acts constituting unprofessional conduct as defined in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (4) Is a graduate of an osteopathic college of medicine whose course of study has been recognized by the American Osteopathic Association Commission on Osteopathic College Accreditation; and (5) Has completed a one-year internship in a hospital approved by the American Medical Association or the American Osteopathic Association.

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

(2) Is a citizen or a legal resident of the United States;

(3) Has not been found guilty of acts constituting unprofessional conduct as defined in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;

(4) Is a graduate of an osteopathic college of medicine whose course of study has been recognized by the American Osteopathic Association Commission on Osteopathic College Accreditation; and

(5) Has completed a one-year internship in a hospital approved by the American Medical Association or the American Osteopathic Association.

(b) (1) Applicants for such a licensure shall pay the fees required by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (2) The board shall not increase or set assessed fees exceeding the amounts in this section. (3) If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(1) Applicants for such a licensure shall pay the fees required by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(2) The board shall not increase or set assessed fees exceeding the amounts in this section.

(3) If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

Amended by Act 2023, No. 79,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 990,§ 88, eff. 7/24/2019.

Amended by Act 2019, No. 607,§ 1, eff. 3/29/2019.

Amended by Act 2019, No. 910,§ 2249, eff. 7/1/2019.

Acts 1971, No. 650, §§ 1, 2; A.S.A. 1947, §§ 72-911, 72-912; Acts 2001, No. 929, § 2.
Ark. Code Ann. § 17-48-303 — AR Code / Title 17 / Chapter 48 / Subchapter 3 / Section 17-48-303
Right to enter - Immunity from arrest - Identification
Status: in_force

(a) Surveyors shall have the right to enter on public or private land or waters, except buildings, in the lawful pursuit of their occupations and shall be immune from arrest for trespass when performing their duties as prescribed in this subchapter. (b) (1) Where practical, surveyors shall announce and identify themselves and their intentions before entering upon private property. (2) Surveyors will carry means of proper identification as to their registration or employment and will display the identification to anyone requesting it. (3) Surveyors shall not use the privilege granted herein to extend that point of entry as determined by actual survey requirements. Acts 1991, No. 862, §§ 3, 4.

(a) Surveyors shall have the right to enter on public or private land or waters, except buildings, in the lawful pursuit of their occupations and shall be immune from arrest for trespass when performing their duties as prescribed in this subchapter.

(b) (1) Where practical, surveyors shall announce and identify themselves and their intentions before entering upon private property. (2) Surveyors will carry means of proper identification as to their registration or employment and will display the identification to anyone requesting it. (3) Surveyors shall not use the privilege granted herein to extend that point of entry as determined by actual survey requirements.

(1) Where practical, surveyors shall announce and identify themselves and their intentions before entering upon private property.

(2) Surveyors will carry means of proper identification as to their registration or employment and will display the identification to anyone requesting it.

(3) Surveyors shall not use the privilege granted herein to extend that point of entry as determined by actual survey requirements.

Acts 1991, No. 862, §§ 3, 4.
Ark. Code Ann. § 17-30-301 — AR Code / Title 17 / Chapter 30 / Subchapter 3 / Section 17-30-301
Licensure requirement - Exceptions
Status: in_force

A person, unless licensed under the present law, shall not practice or offer to practice engineering unless that person has been licensed under this chapter, except that: (1) An engineer-intern may engage in such a practice as an employee of or under the supervision of a licensed engineer; (2) A person holding a temporary permit under § 17-30-105(2) may temporarily provide engineering services for the purpose and in the manner provided by the State Board of Licensure for Professional Engineers and Professional Surveyors when granted the temporary license; (3) A person may engage in such a practice if that person is employed by a professional engineer and acts under his or her supervision and direction; and (4) A firm may not engage in the practice of engineering as a profession except under § 17-30-303 . Acts 1953, No. 214, § 2; A.S.A. 1947, § 71-1019; Acts 1987, No. 51, § 1; 1993, No. 1041, § 3; 2009, No. 444, § 4.

A person, unless licensed under the present law, shall not practice or offer to practice engineering unless that person has been licensed under this chapter, except that:

(1) An engineer-intern may engage in such a practice as an employee of or under the supervision of a licensed engineer;

(2) A person holding a temporary permit under § 17-30-105(2) may temporarily provide engineering services for the purpose and in the manner provided by the State Board of Licensure for Professional Engineers and Professional Surveyors when granted the temporary license;

(3) A person may engage in such a practice if that person is employed by a professional engineer and acts under his or her supervision and direction; and

(4) A firm may not engage in the practice of engineering as a profession except under § 17-30-303 .

Acts 1953, No. 214, § 2; A.S.A. 1947, § 71-1019; Acts 1987, No. 51, § 1; 1993, No. 1041, § 3; 2009, No. 444, § 4.
Ark. Code Ann. § 17-25-605 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-605
Applicant qualifications
Status: in_force

(a) The Residential Contractors Committee may limit a roofing contractor registration certificate issued by the committee to the character of work that the applicant is qualified to perform. (b) In addition to the offenses listed in § 17-3-102 , the committee may consider the following convictions when determining an applicant's fitness for a roofing contractor registration certificate under this subchapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of a voyeurism offense as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) Conviction of a crime or act that is substantially related to the qualifications, functions, or duties of a roofing contractor. (B) A crime or act is substantially related to the qualifications, functions, or duties of a roofing contractor if, to a substantial degree, the crime or act indicates a present or potential unfitness of a person applying for or holding a roofing contractor registration certificate to perform the functions authorized by the roofing contractor registration certificate. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

(a) The Residential Contractors Committee may limit a roofing contractor registration certificate issued by the committee to the character of work that the applicant is qualified to perform.

(b) In addition to the offenses listed in § 17-3-102 , the committee may consider the following convictions when determining an applicant's fitness for a roofing contractor registration certificate under this subchapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of a voyeurism offense as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) Conviction of a crime or act that is substantially related to the qualifications, functions, or duties of a roofing contractor. (B) A crime or act is substantially related to the qualifications, functions, or duties of a roofing contractor if, to a substantial degree, the crime or act indicates a present or potential unfitness of a person applying for or holding a roofing contractor registration certificate to perform the functions authorized by the roofing contractor registration certificate.

(1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States;

(2) Conviction of a voyeurism offense as prohibited in §§ 5-16-101 and 5-16-102 ;

(3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and

(4) (A) Conviction of a crime or act that is substantially related to the qualifications, functions, or duties of a roofing contractor. (B) A crime or act is substantially related to the qualifications, functions, or duties of a roofing contractor if, to a substantial degree, the crime or act indicates a present or potential unfitness of a person applying for or holding a roofing contractor registration certificate to perform the functions authorized by the roofing contractor registration certificate.

(A) Conviction of a crime or act that is substantially related to the qualifications, functions, or duties of a roofing contractor.

(B) A crime or act is substantially related to the qualifications, functions, or duties of a roofing contractor if, to a substantial degree, the crime or act indicates a present or potential unfitness of a person applying for or holding a roofing contractor registration certificate to perform the functions authorized by the roofing contractor registration certificate.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-82-202 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-202
Members - Qualifications
Status: in_force

(a) The professional members of the Arkansas State Board of Dental Examiners shall be regularly licensed, registered, and practicing dentists and dental hygienists, each of whom must be a graduate of a reputable college of dentistry or dental hygiene and must have been a regularly licensed, registered, and practicing dentist or dental hygienist in the State of Arkansas for a period of five (5) years next preceding the date of his or her appointment. (b) No dentist or dental hygienist is eligible for appointment to the board who is in any way connected with, or interested in, any college of dentistry, a commercial dental laboratory, or the dental supply business. Acts 1955, No. 14, § 3; 1981, No. 197, § 2; A.S.A. 1947, § 72-536.

(a) The professional members of the Arkansas State Board of Dental Examiners shall be regularly licensed, registered, and practicing dentists and dental hygienists, each of whom must be a graduate of a reputable college of dentistry or dental hygiene and must have been a regularly licensed, registered, and practicing dentist or dental hygienist in the State of Arkansas for a period of five (5) years next preceding the date of his or her appointment.

(b) No dentist or dental hygienist is eligible for appointment to the board who is in any way connected with, or interested in, any college of dentistry, a commercial dental laboratory, or the dental supply business.

Acts 1955, No. 14, § 3; 1981, No. 197, § 2; A.S.A. 1947, § 72-536.
Ark. Code Ann. § 17-31-208 — AR Code / Title 17 / Chapter 31 / Subchapter 2 / Section 17-31-208
Disposition of funds
Status: in_force

(a) All fines collected for the violation of any provisions of this chapter shall be paid over to the Department of Agriculture to be used by it in the same manner as funds received for the issuance of licenses. (b) Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in this chapter exceed the amount of the application, registration, and other fees collected as herein provided. (c) Any surplus funds at the end of the fiscal year may be retained for future expenditures, and shall not be required to be paid into the General Revenue Fund Account of the State Apportionment Fund. Amended by Act 2023, No. 691,§ 84, eff. 7/1/2023. Acts 1969, No. 535, §§ 10, 22; A.S.A. 1947, §§ 71-2410, 71-2422; Acts 1997, No. 296, § 2.

(a) All fines collected for the violation of any provisions of this chapter shall be paid over to the Department of Agriculture to be used by it in the same manner as funds received for the issuance of licenses.

(b) Under no circumstances shall the total amount of warrants issued in payment of the expenses and compensation provided for in this chapter exceed the amount of the application, registration, and other fees collected as herein provided.

(c) Any surplus funds at the end of the fiscal year may be retained for future expenditures, and shall not be required to be paid into the General Revenue Fund Account of the State Apportionment Fund.

Amended by Act 2023, No. 691,§ 84, eff. 7/1/2023.

Acts 1969, No. 535, §§ 10, 22; A.S.A. 1947, §§ 71-2410, 71-2422; Acts 1997, No. 296, § 2.
Ark. Code Ann. § 17-42-318 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-318
Representing buyer or lessee in an agency relationship
Status: in_force

(a) When representing a buyer or lessee in an agency relationship, a licensee shall: (1) (A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee. (B) Unless requested by the client, the licensee is not obligated to seek additional purchase or lease possibilities if the buyer or lessee has contracted to purchase or lease or has extended a letter of intent to lease suitable property; (2) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the buyer's or lessee's questions regarding the steps the buyer must take to fulfill the terms of any contract; and (B) Provide information to the buyer or lessee regarding offers or counteroffers; (3) Assist the buyer or lessee in developing, communicating, and presenting offers or counteroffers; and (4) In a timely manner: (A) Present an offer to purchase or lease to the seller or lessor or their agent, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; and (B) Accept delivery of and present any counteroffers to the buyer or lessee. (b) If a dual or multiple agency relationship is disclosed under § 17-42-108 , a licensee does not breach a duty or an obligation to the buyer or lessee by: (1) Showing property to other buyers or lessees; or (2) Acting as an agent or subagent for other buyers or lessees or as an agent or subagent for sellers or lessors. (c) This section does not permit a licensee to perform any act or service that constitutes the practice of law. Acts 2011, No. 877, § 1.

(a) When representing a buyer or lessee in an agency relationship, a licensee shall: (1) (A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee. (B) Unless requested by the client, the licensee is not obligated to seek additional purchase or lease possibilities if the buyer or lessee has contracted to purchase or lease or has extended a letter of intent to lease suitable property; (2) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the buyer's or lessee's questions regarding the steps the buyer must take to fulfill the terms of any contract; and (B) Provide information to the buyer or lessee regarding offers or counteroffers; (3) Assist the buyer or lessee in developing, communicating, and presenting offers or counteroffers; and (4) In a timely manner: (A) Present an offer to purchase or lease to the seller or lessor or their agent, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; and (B) Accept delivery of and present any counteroffers to the buyer or lessee.

(1) (A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee. (B) Unless requested by the client, the licensee is not obligated to seek additional purchase or lease possibilities if the buyer or lessee has contracted to purchase or lease or has extended a letter of intent to lease suitable property;

(A) Use reasonable efforts to locate a property at a price and with purchase or lease terms acceptable to the buyer or lessee.

(B) Unless requested by the client, the licensee is not obligated to seek additional purchase or lease possibilities if the buyer or lessee has contracted to purchase or lease or has extended a letter of intent to lease suitable property;

(2) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the buyer's or lessee's questions regarding the steps the buyer must take to fulfill the terms of any contract; and (B) Provide information to the buyer or lessee regarding offers or counteroffers;

(A) Answer the buyer's or lessee's questions regarding the steps the buyer must take to fulfill the terms of any contract; and

(B) Provide information to the buyer or lessee regarding offers or counteroffers;

(3) Assist the buyer or lessee in developing, communicating, and presenting offers or counteroffers; and

(4) In a timely manner: (A) Present an offer to purchase or lease to the seller or lessor or their agent, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; and (B) Accept delivery of and present any counteroffers to the buyer or lessee.

(A) Present an offer to purchase or lease to the seller or lessor or their agent, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; and

(B) Accept delivery of and present any counteroffers to the buyer or lessee.

(b) If a dual or multiple agency relationship is disclosed under § 17-42-108 , a licensee does not breach a duty or an obligation to the buyer or lessee by: (1) Showing property to other buyers or lessees; or (2) Acting as an agent or subagent for other buyers or lessees or as an agent or subagent for sellers or lessors.

(1) Showing property to other buyers or lessees; or

(2) Acting as an agent or subagent for other buyers or lessees or as an agent or subagent for sellers or lessors.

(c) This section does not permit a licensee to perform any act or service that constitutes the practice of law.

Acts 2011, No. 877, § 1.
Ark. Code Ann. § 17-99-305 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-305
Temporary permits
Status: in_force

(a) In cases of emergency, the Executive Director of the Arkansas State Medical Board may issue a temporary permit without examination to practice respiratory care to persons who are not licensed in other states, but who otherwise meet the qualifications for licensure set out in this chapter. (b) Such emergency temporary license shall expire at the date of the next Arkansas State Medical Board meeting, unless the board ratifies or extends the action of the executive director. Amended by Act 2017, No. 69,§ 7, eff. 8/1/2017. Acts 1969, No. 168, § 9; A.S.A. 1947, § 72-1609; Acts 1987, No. 952, § 7; 1995, No. 1094, § 7.

(a) In cases of emergency, the Executive Director of the Arkansas State Medical Board may issue a temporary permit without examination to practice respiratory care to persons who are not licensed in other states, but who otherwise meet the qualifications for licensure set out in this chapter.

(b) Such emergency temporary license shall expire at the date of the next Arkansas State Medical Board meeting, unless the board ratifies or extends the action of the executive director.

Amended by Act 2017, No. 69,§ 7, eff. 8/1/2017.

Acts 1969, No. 168, § 9; A.S.A. 1947, § 72-1609; Acts 1987, No. 952, § 7; 1995, No. 1094, § 7.
Ark. Code Ann. § 17-40-203 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-203
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 49, eff. 9/1/2015. Acts 1977, No. 429, §§ 6-8; 1981, No. 792, § 3; A.S.A. 1947, §§ 71-2127 -- 71-2129; Acts 1997, No. 250, § 146.

Repealed by Act 2015, No. 393,§ 49, eff. 9/1/2015.

Acts 1977, No. 429, §§ 6-8; 1981, No. 792, § 3; A.S.A. 1947, §§ 71-2127 -- 71-2129; Acts 1997, No. 250, § 146.
Ark. Code Ann. § 17-14-106 — AR Code / Title 17 / Chapter 14 / Subchapter 1 / Section 17-14-106
Absence of liability
Status: in_force

(a) Financial institutions or affiliates hiring the services of appraisers registered, licensed, or certified by the State Board of Appraisers, Abstracters, and Home Inspectors in nonfederally related transactions, including transactions below the federally established threshold, shall not be liable to any party asserting damages due to the alleged actions of the appraiser, nor shall the financial institution or affiliate be subject to any requirements to report to the board regarding such transactions other than as may be required by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and the rules promulgated by the board. (b) This section does not limit the investigative or subpoena powers of the board. Amended by Act 2023, No. 628,§ 23, eff. 7/1/2023. Acts 1993, No. 1270, § 3; 2001, No. 1256, § 5; 2009, No. 628, § 8.

(a) Financial institutions or affiliates hiring the services of appraisers registered, licensed, or certified by the State Board of Appraisers, Abstracters, and Home Inspectors in nonfederally related transactions, including transactions below the federally established threshold, shall not be liable to any party asserting damages due to the alleged actions of the appraiser, nor shall the financial institution or affiliate be subject to any requirements to report to the board regarding such transactions other than as may be required by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and the rules promulgated by the board.

(b) This section does not limit the investigative or subpoena powers of the board.

Amended by Act 2023, No. 628,§ 23, eff. 7/1/2023.

Acts 1993, No. 1270, § 3; 2001, No. 1256, § 5; 2009, No. 628, § 8.
Ark. Code Ann. § 17-90-402 — AR Code / Title 17 / Chapter 90 / Subchapter 4 / Section 17-90-402
Standards - Noncompliance
Status: in_force

(a) Reasonable standards applicable only to those optometrists who are authorized to use drugs for referral of eye patients with eye pathology discoverable by the use of drugs shall be promulgated only if the State Board of Optometry finds that the standards are required to protect the health of the citizens of the state. (b) The standards shall not require referral in cases in which an optometrist is aware that a condition has been previously diagnosed by a physician. (c) If these standards are promulgated, they shall be enforced by the board. (d) Any violation of these standards shall be deemed unprofessional conduct under this chapter. (e) If the board finds that an optometrist has habitually violated the standards of referral, then the board shall withdraw the authority to use drugs from that optometrist. Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1.

(a) Reasonable standards applicable only to those optometrists who are authorized to use drugs for referral of eye patients with eye pathology discoverable by the use of drugs shall be promulgated only if the State Board of Optometry finds that the standards are required to protect the health of the citizens of the state.

(b) The standards shall not require referral in cases in which an optometrist is aware that a condition has been previously diagnosed by a physician.

(c) If these standards are promulgated, they shall be enforced by the board.

(d) Any violation of these standards shall be deemed unprofessional conduct under this chapter.

(e) If the board finds that an optometrist has habitually violated the standards of referral, then the board shall withdraw the authority to use drugs from that optometrist.

Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1.
Ark. Code Ann. § 17-49-304 — AR Code / Title 17 / Chapter 49 / Subchapter 3 / Section 17-49-304
Penalty
Status: in_force

A person who violates this subchapter shall be fined in any sum not to exceed five hundred dollars ($500). Acts 1963, No. 256, § 3; A.S.A. 1947, § 71-1903.

A person who violates this subchapter shall be fined in any sum not to exceed five hundred dollars ($500).

Acts 1963, No. 256, § 3; A.S.A. 1947, § 71-1903.
Ark. Code Ann. § 17-88-102 — AR Code / Title 17 / Chapter 88 / Subchapter 1 / Section 17-88-102
Definitions
Status: in_force

As used in this chapter: (1) "Occupational therapist" means a person licensed to practice occupational therapy, whose license is in good standing; (2) (A) "Occupational therapy" means the evaluation and treatment of individuals whose ability to cope with the tasks of living is threatened or impaired by developmental deficits, the aging process, poverty or cultural differences, environmental or sensory deprivation, physical injury or illness, or psychological and social disability. (B) The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual so that he or she might perform tasks normally performed at his or her stage of development. (C) Specific occupational therapy techniques include, but are not limited to: (i) Instruction in activities of daily living, design, fabrication, application, recommendation, and instruction in the use of selected orthotic or prosthetic devices and other adaptive equipment; (ii) Perceptual-motor and sensory integrative activities; (iii) The use of specifically designed crafts; (iv) Exercises to enhance functional performance; and (v) Prevocational evaluation and treatment. (D) The techniques are applied in the treatment of individual patients or clients, in groups, or through social systems; (3) "Occupational therapy aide" or "worker" means a person who aids a licensed occupational therapist in the practice of occupational therapy, whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy; (4) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the frequent and regular supervision by or with consultation with an occupational therapist, whose license is in good standing. The definition of "frequent" and "regular" will be established by the Arkansas State Occupational Therapy Examining Committee; and (5) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter. Amended by Act 2019, No. 386,§ 40, eff. 7/24/2019. Acts 1977, No. 381, § 2; A.S.A. 1947, § 72-1902.

As used in this chapter:

(1) "Occupational therapist" means a person licensed to practice occupational therapy, whose license is in good standing;

(2) (A) "Occupational therapy" means the evaluation and treatment of individuals whose ability to cope with the tasks of living is threatened or impaired by developmental deficits, the aging process, poverty or cultural differences, environmental or sensory deprivation, physical injury or illness, or psychological and social disability. (B) The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual so that he or she might perform tasks normally performed at his or her stage of development. (C) Specific occupational therapy techniques include, but are not limited to: (i) Instruction in activities of daily living, design, fabrication, application, recommendation, and instruction in the use of selected orthotic or prosthetic devices and other adaptive equipment; (ii) Perceptual-motor and sensory integrative activities; (iii) The use of specifically designed crafts; (iv) Exercises to enhance functional performance; and (v) Prevocational evaluation and treatment. (D) The techniques are applied in the treatment of individual patients or clients, in groups, or through social systems;

(A) "Occupational therapy" means the evaluation and treatment of individuals whose ability to cope with the tasks of living is threatened or impaired by developmental deficits, the aging process, poverty or cultural differences, environmental or sensory deprivation, physical injury or illness, or psychological and social disability.

(B) The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual so that he or she might perform tasks normally performed at his or her stage of development.

(C) Specific occupational therapy techniques include, but are not limited to: (i) Instruction in activities of daily living, design, fabrication, application, recommendation, and instruction in the use of selected orthotic or prosthetic devices and other adaptive equipment; (ii) Perceptual-motor and sensory integrative activities; (iii) The use of specifically designed crafts; (iv) Exercises to enhance functional performance; and (v) Prevocational evaluation and treatment.

(i) Instruction in activities of daily living, design, fabrication, application, recommendation, and instruction in the use of selected orthotic or prosthetic devices and other adaptive equipment;

(ii) Perceptual-motor and sensory integrative activities;

(iii) The use of specifically designed crafts;

(iv) Exercises to enhance functional performance; and

(v) Prevocational evaluation and treatment.

(D) The techniques are applied in the treatment of individual patients or clients, in groups, or through social systems;

(3) "Occupational therapy aide" or "worker" means a person who aids a licensed occupational therapist in the practice of occupational therapy, whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy;

(4) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the frequent and regular supervision by or with consultation with an occupational therapist, whose license is in good standing. The definition of "frequent" and "regular" will be established by the Arkansas State Occupational Therapy Examining Committee; and

(5) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter.

Amended by Act 2019, No. 386,§ 40, eff. 7/24/2019.

Acts 1977, No. 381, § 2; A.S.A. 1947, § 72-1902.
Ark. Code Ann. § 17-36-304 — AR Code / Title 17 / Chapter 36 / Subchapter 3 / Section 17-36-304
Reciprocity
Status: in_force

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may provide for licensure of an applicant who is legally registered or licensed as a landscape architect in any other state whose qualifications for licensure are generally equivalent to those of Arkansas. Acts 1975, No. 353, § 3; 1977, No. 528, § 2; A.S.A. 1947, § 71-2903; Acts 1995, No. 904, § 4; 2001, No. 617, § 15; 2009, No. 1367, § 18.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may provide for licensure of an applicant who is legally registered or licensed as a landscape architect in any other state whose qualifications for licensure are generally equivalent to those of Arkansas.

Acts 1975, No. 353, § 3; 1977, No. 528, § 2; A.S.A. 1947, § 71-2903; Acts 1995, No. 904, § 4; 2001, No. 617, § 15; 2009, No. 1367, § 18.
Ark. Code Ann. § 17-39-102 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-102
Definitions
Status: in_force

As used in this subchapter and subchapter 2: (1) "Intern" means a person who holds a valid intern polygraph examiner license issued by the Director of the Division of Arkansas State Police; (2) "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by an intern under the personal supervision and control of a licensed polygraph examiner as authorized by the law or any rule issued by the director; (3) "Person" means a natural person, firm, association, copartnership, or corporation; and (4) "Polygraph examiner" means a person who uses any device or instrument to test or question individuals for the purpose of verifying the truth of statements. Amended by Act 2019, No. 910,§ 5929, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 3, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 2, eff. 8/16/2013. Acts 1967, No. 413, § 2; 1977, No. 910, § 1; A.S.A. 1947, § 71-2202.

As used in this subchapter and subchapter 2:

(1) "Intern" means a person who holds a valid intern polygraph examiner license issued by the Director of the Division of Arkansas State Police;

(2) "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by an intern under the personal supervision and control of a licensed polygraph examiner as authorized by the law or any rule issued by the director;

(3) "Person" means a natural person, firm, association, copartnership, or corporation; and

(4) "Polygraph examiner" means a person who uses any device or instrument to test or question individuals for the purpose of verifying the truth of statements.

Amended by Act 2019, No. 910,§ 5929, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 3, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 2, eff. 8/16/2013.

Acts 1967, No. 413, § 2; 1977, No. 910, § 1; A.S.A. 1947, § 71-2202.
Ark. Code Ann. § 17-26-105 — AR Code / Title 17 / Chapter 26 / Subchapter 1 / Section 17-26-105
Grounds for disciplinary action
Status: in_force

The grounds for disciplinary action are as follows: (1) Failure of a person, firm, or corporation operating a cosmetological establishment or school of cosmetology or engaged in the practice of cosmetology or any of its branches to comply with the requirements of this chapter and the rules of the Cosmetology Technical Advisory Committee; (2) Failure to comply with the rules governing health and safety adopted by the committee and approved by the State Board of Health for the regulation of cosmetological establishments, schools of cosmetology, or the practice of the occupation of cosmetician or cosmetologist; (3) Obtaining practice in cosmetology or any branch thereof or money or any other thing of value by fraudulent misrepresentation; (4) Gross malpractice; (5) Continued practice by a person knowingly having an infectious or contagious disease; (6) Habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug; (7) Advertisement by means of knowingly false or deceptive statements; (8) Permitting a certificate of registration or license to be used when the holder is not personally, actively, and continuously engaged in business; (9) Failure to display the license; (10) Conviction under the laws of the United States or any state or territory of the United States of a crime that is: (A) A felony listed under § 17-3-102 , as evidenced by a certified copy of a court record or by license application; or (B) A misdemeanor involving dishonesty or is in any way related to the practice or teaching of the cosmetology industry, unless the applicant or licensee can demonstrate to the board's satisfaction that the applicant or licensee has been sufficiently rehabilitated to warrant the public trust; (11) Engaging, outside of a licensed school of cosmetology or cosmetological establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when such a service is necessary because of the illness or other physical incapacity of the person with respect to whom it is performed, it may be performed by a licensee obtained for the purpose from a licensed cosmetological establishment; (12) Failure to wear clean outer garments, as prescribed by the committee, to allow the safe and hygienic practice of cosmetology or any branch thereof; (13) Any other unfair or unjust practice, method, or dealing that the committee finds may justify such an action or failure to follow guidelines concerning the use of chemicals or equipment as established by rule of the committee; or (14) Fraud or deception in procuring a license. Amended by Act 2019, No. 315,§ 1385, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 29, eff. 7/24/2019. Acts 1955, No. 358, Art. 11, § 3; A.S.A. 1947, § 71-873; Acts 2003, No. 595, § 1; 2007, No. 223, § 4.

The grounds for disciplinary action are as follows:

(1) Failure of a person, firm, or corporation operating a cosmetological establishment or school of cosmetology or engaged in the practice of cosmetology or any of its branches to comply with the requirements of this chapter and the rules of the Cosmetology Technical Advisory Committee;

(2) Failure to comply with the rules governing health and safety adopted by the committee and approved by the State Board of Health for the regulation of cosmetological establishments, schools of cosmetology, or the practice of the occupation of cosmetician or cosmetologist;

(3) Obtaining practice in cosmetology or any branch thereof or money or any other thing of value by fraudulent misrepresentation;

(4) Gross malpractice;

(5) Continued practice by a person knowingly having an infectious or contagious disease;

(6) Habitual drunkenness or habitual addiction to the use of morphine or any habit-forming drug;

(7) Advertisement by means of knowingly false or deceptive statements;

(8) Permitting a certificate of registration or license to be used when the holder is not personally, actively, and continuously engaged in business;

(9) Failure to display the license;

(10) Conviction under the laws of the United States or any state or territory of the United States of a crime that is: (A) A felony listed under § 17-3-102 , as evidenced by a certified copy of a court record or by license application; or (B) A misdemeanor involving dishonesty or is in any way related to the practice or teaching of the cosmetology industry, unless the applicant or licensee can demonstrate to the board's satisfaction that the applicant or licensee has been sufficiently rehabilitated to warrant the public trust;

(A) A felony listed under § 17-3-102 , as evidenced by a certified copy of a court record or by license application; or

(B) A misdemeanor involving dishonesty or is in any way related to the practice or teaching of the cosmetology industry, unless the applicant or licensee can demonstrate to the board's satisfaction that the applicant or licensee has been sufficiently rehabilitated to warrant the public trust;

unless the applicant or licensee can demonstrate to the board's satisfaction that the applicant or licensee has been sufficiently rehabilitated to warrant the public trust;

(11) Engaging, outside of a licensed school of cosmetology or cosmetological establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when such a service is necessary because of the illness or other physical incapacity of the person with respect to whom it is performed, it may be performed by a licensee obtained for the purpose from a licensed cosmetological establishment;

(12) Failure to wear clean outer garments, as prescribed by the committee, to allow the safe and hygienic practice of cosmetology or any branch thereof;

(13) Any other unfair or unjust practice, method, or dealing that the committee finds may justify such an action or failure to follow guidelines concerning the use of chemicals or equipment as established by rule of the committee; or

(14) Fraud or deception in procuring a license.

Amended by Act 2019, No. 315,§ 1385, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 29, eff. 7/24/2019.

Acts 1955, No. 358, Art. 11, § 3; A.S.A. 1947, § 71-873; Acts 2003, No. 595, § 1; 2007, No. 223, § 4.
Ark. Code Ann. § 17-26-415 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-415
Student registration - Reregistration on transfer
Status: in_force

(a) (1) All students of cosmetology, manicuring, electrology, aesthetics, and instructor training shall be registered with the Department of Health before accredited hours can be obtained. (2) The enrollment application shall be accompanied by a copy of a method of identification containing a photograph of the applicant. (3) A student shall not earn hours before the date in which the department has issued a student permit. (b) A student who has completed the registration process and whose information is on file with the department shall complete a reenrollment form without submitting additional documents other than the student permit fee and a method of identification containing a photograph of the student. Acts 1955, No. 358, Art. 1, § 9; 1955, No. 358, Art. 8, § 14; 1965, No. 403, § 8; 1968 (1st Ex. Sess.), No. 57, § 1; 1985, No. 215, § 11; A.S.A. 1947, §§ 71-822, 71-865; Acts 2007, No. 223, § 43; 2009, No. 4, § 24.

(a) (1) All students of cosmetology, manicuring, electrology, aesthetics, and instructor training shall be registered with the Department of Health before accredited hours can be obtained. (2) The enrollment application shall be accompanied by a copy of a method of identification containing a photograph of the applicant. (3) A student shall not earn hours before the date in which the department has issued a student permit.

(1) All students of cosmetology, manicuring, electrology, aesthetics, and instructor training shall be registered with the Department of Health before accredited hours can be obtained.

(2) The enrollment application shall be accompanied by a copy of a method of identification containing a photograph of the applicant.

(3) A student shall not earn hours before the date in which the department has issued a student permit.

(b) A student who has completed the registration process and whose information is on file with the department shall complete a reenrollment form without submitting additional documents other than the student permit fee and a method of identification containing a photograph of the student.

Acts 1955, No. 358, Art. 1, § 9; 1955, No. 358, Art. 8, § 14; 1965, No. 403, § 8; 1968 (1st Ex. Sess.), No. 57, § 1; 1985, No. 215, § 11; A.S.A. 1947, §§ 71-822, 71-865; Acts 2007, No. 223, § 43; 2009, No. 4, § 24.
Ark. Code Ann. § 17-84-302 — AR Code / Title 17 / Chapter 84 / Subchapter 3 / Section 17-84-302
License or internship certificate required
Status: in_force

No person shall engage in the sale of hearing instruments or display a sign or in any other way advertise or hold himself or herself out as a person who practices the dispensing of hearing instruments unless he or she is licensed under this chapter or is the holder of an internship as provided for in § 17-84-304 and has his or her license or internship certificate conspicuously posted in his or her office or place of business. Acts 1969, No. 197, § 3, subsec. (1); A.S.A. 1947, § 72-1703; Acts 1991, No. 46, § 1; 1995, No. 1342, § 2; 1999, No. 592, § 6.

No person shall engage in the sale of hearing instruments or display a sign or in any other way advertise or hold himself or herself out as a person who practices the dispensing of hearing instruments unless he or she is licensed under this chapter or is the holder of an internship as provided for in § 17-84-304 and has his or her license or internship certificate conspicuously posted in his or her office or place of business.

Acts 1969, No. 197, § 3, subsec. (1); A.S.A. 1947, § 72-1703; Acts 1991, No. 46, § 1; 1995, No. 1342, § 2; 1999, No. 592, § 6.
Ark. Code Ann. § 17-17-311 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-311
Continuing education
Status: in_force

(a) Except as provided in subsection (c) of this section, every application to the Auctioneer's Licensing Board for annual renewal of the license of an auctioneer shall be accompanied by proof that the applicant has satisfactorily completed six (6) hours of continuing education in approved programs within the preceding twelve-month period. No auctioneer's license shall be renewed unless the application for renewal is accompanied by the proof required in this section. (b) All programs of continuing education for licensed auctioneers shall be subject to approval of the board. The board is authorized to prescribe by rule the minimum standards and requirements for continuing education programs for auctioneers, the procedures and policies for administering such programs, and the manner and conditions under which credit will be granted for participation in such programs. (c) The continuing education requirements of this section shall not be applicable to any person who has been licensed as an auctioneer or auction house owner or operator by the board for a period of ten (10) consecutive years or more and who is at least fifty-five (55) years of age. Amended by Act 2019, No. 315,§ 1354, eff. 7/24/2019. Acts 1999, No. 1506, § 1; 2001, No. 1754, § 1.

(a) Except as provided in subsection (c) of this section, every application to the Auctioneer's Licensing Board for annual renewal of the license of an auctioneer shall be accompanied by proof that the applicant has satisfactorily completed six (6) hours of continuing education in approved programs within the preceding twelve-month period. No auctioneer's license shall be renewed unless the application for renewal is accompanied by the proof required in this section.

(b) All programs of continuing education for licensed auctioneers shall be subject to approval of the board. The board is authorized to prescribe by rule the minimum standards and requirements for continuing education programs for auctioneers, the procedures and policies for administering such programs, and the manner and conditions under which credit will be granted for participation in such programs.

(c) The continuing education requirements of this section shall not be applicable to any person who has been licensed as an auctioneer or auction house owner or operator by the board for a period of ten (10) consecutive years or more and who is at least fifty-five (55) years of age.

Amended by Act 2019, No. 315,§ 1354, eff. 7/24/2019.

Acts 1999, No. 1506, § 1; 2001, No. 1754, § 1.
Ark. Code Ann. § 17-80-104 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-104
Continuing education requirements
Status: in_force

(a) The regulatory boards of the professions or occupations classified by the laws of the State of Arkansas as professions of the healing arts and for whom the General Assembly has heretofore established regulatory boards empowered to license persons who practice under conditions of licensure authorized by the General Assembly are authorized to adopt rules requiring the continuing education of the persons licensed by the board. (b) All rules establishing requirements for continuing education under the provisions of this section shall be adopted in the manner and method set out in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for the adoption of rules. (c) The regulatory boards shall establish by rule the number of hours of credit and the manner and methods of obtaining the hours of credit by its licensee. (d) In the event a licensee of the board does not complete the continuing education established by the board under the provisions of this section, the board is empowered to deny renewal of the license held by the licensee or after proper hearing take such action as it considers just and proper to compel compliance with its rules requiring continuing education. Amended by Act 2019, No. 315,§ 1500, eff. 7/24/2019. Acts 1977, No. 767, §§ 1-3; A.S.A. 1947, §§ 6-1401--6-1403.

(a) The regulatory boards of the professions or occupations classified by the laws of the State of Arkansas as professions of the healing arts and for whom the General Assembly has heretofore established regulatory boards empowered to license persons who practice under conditions of licensure authorized by the General Assembly are authorized to adopt rules requiring the continuing education of the persons licensed by the board.

(b) All rules establishing requirements for continuing education under the provisions of this section shall be adopted in the manner and method set out in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for the adoption of rules.

(c) The regulatory boards shall establish by rule the number of hours of credit and the manner and methods of obtaining the hours of credit by its licensee.

(d) In the event a licensee of the board does not complete the continuing education established by the board under the provisions of this section, the board is empowered to deny renewal of the license held by the licensee or after proper hearing take such action as it considers just and proper to compel compliance with its rules requiring continuing education.

Amended by Act 2019, No. 315,§ 1500, eff. 7/24/2019.

Acts 1977, No. 767, §§ 1-3; A.S.A. 1947, §§ 6-1401--6-1403.
Ark. Code Ann. § 17-11-340 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-340
Revocation of certificates - Grounds
Status: in_force

(a) The State Board of Appraisers, Abstracters, and Home Inspectors is authorized, after a hearing as provided in § 17-11-341 , to cancel and revoke any certificate of registration issued to any person under the provisions of this chapter: (1) For a violation of any of the provisions of this chapter; (2) Upon a conviction of the holder of such a certificate of a crime under § 17-3-102 ; or (3) If the board finds the holder to be guilty of habitual carelessness or of fraudulent practices in the conduct of the business of abstracting. (b) The board is authorized, after a hearing as provided in § 17-11-341 , to cancel and revoke any certificate of authority issued to any person, firm, or corporation under the provisions of this chapter for: (1) Failure to furnish the bond or bonds, or other securities, required by § 17-11-324 ; (2) Failure to properly maintain an abstract plant; (3) Failure to have employed a registered abstracter as provided in § 17-11-301 ; or (4) Otherwise violating any of the provisions of this chapter. Amended by Act 2023, No. 628,§ 13, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 5, eff. 7/24/2019. Acts 1969, No. 109, § 8; A.S.A. 1947, § 71-108; Acts 2007, No. 1042, § 12.

(a) The State Board of Appraisers, Abstracters, and Home Inspectors is authorized, after a hearing as provided in § 17-11-341 , to cancel and revoke any certificate of registration issued to any person under the provisions of this chapter: (1) For a violation of any of the provisions of this chapter; (2) Upon a conviction of the holder of such a certificate of a crime under § 17-3-102 ; or (3) If the board finds the holder to be guilty of habitual carelessness or of fraudulent practices in the conduct of the business of abstracting.

(1) For a violation of any of the provisions of this chapter;

(2) Upon a conviction of the holder of such a certificate of a crime under § 17-3-102 ; or

(3) If the board finds the holder to be guilty of habitual carelessness or of fraudulent practices in the conduct of the business of abstracting.

(b) The board is authorized, after a hearing as provided in § 17-11-341 , to cancel and revoke any certificate of authority issued to any person, firm, or corporation under the provisions of this chapter for: (1) Failure to furnish the bond or bonds, or other securities, required by § 17-11-324 ; (2) Failure to properly maintain an abstract plant; (3) Failure to have employed a registered abstracter as provided in § 17-11-301 ; or (4) Otherwise violating any of the provisions of this chapter.

(1) Failure to furnish the bond or bonds, or other securities, required by § 17-11-324 ;

(2) Failure to properly maintain an abstract plant;

(3) Failure to have employed a registered abstracter as provided in § 17-11-301 ; or

(4) Otherwise violating any of the provisions of this chapter.

Amended by Act 2023, No. 628,§ 13, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 5, eff. 7/24/2019.

Acts 1969, No. 109, § 8; A.S.A. 1947, § 71-108; Acts 2007, No. 1042, § 12.
Ark. Code Ann. § 17-24-309 — AR Code / Title 17 / Chapter 24 / Subchapter 3 / Section 17-24-309
Collection charges - Limits
Status: in_force

(a) No collection agency mentioned in § 17-24-101 shall charge as a collection charge or fee an amount in excess of fifty percent (50%) of the total amount actually collected on all accounts for any one (1) client, nor more than fifty percent (50%) of the total amount actually collected on any one (1) account, nor shall a minimum charge in excess of one dollar ($1.00) be made on any partially or totally collected account. (b) All contracts providing for a greater collection charge or fee or a greater minimum charge than provided in this section entered into between any creditor in this state and any collection agency covered by this chapter shall be void. The creditor shall have, in addition to all other remedies now or hereafter provided by law, a cause of action to recover all amounts collected by the collection agency on the creditor's account or accounts. Acts 1969, No. 214, § 2; A.S.A. 1947, § 71-2011; Acts 2009, No. 1455, § 11.

(a) No collection agency mentioned in § 17-24-101 shall charge as a collection charge or fee an amount in excess of fifty percent (50%) of the total amount actually collected on all accounts for any one (1) client, nor more than fifty percent (50%) of the total amount actually collected on any one (1) account, nor shall a minimum charge in excess of one dollar ($1.00) be made on any partially or totally collected account.

(b) All contracts providing for a greater collection charge or fee or a greater minimum charge than provided in this section entered into between any creditor in this state and any collection agency covered by this chapter shall be void. The creditor shall have, in addition to all other remedies now or hereafter provided by law, a cause of action to recover all amounts collected by the collection agency on the creditor's account or accounts.

Acts 1969, No. 214, § 2; A.S.A. 1947, § 71-2011; Acts 2009, No. 1455, § 11.
Ark. Code Ann. § 17-95-207 — AR Code / Title 17 / Chapter 95 / Subchapter 2 / Section 17-95-207
Temporary license for out-of-state physicians
Status: in_force

Any physician who seeks licensure in this state pursuant to the requirements of § 17-95-206 , upon submission of the proper credentialing documents to the Arkansas State Medical Board, shall be issued a temporary license to practice medicine in this state until such time as final action is taken by the board on the physician's application. Acts 1997, No. 1353, § 2.

Any physician who seeks licensure in this state pursuant to the requirements of § 17-95-206 , upon submission of the proper credentialing documents to the Arkansas State Medical Board, shall be issued a temporary license to practice medicine in this state until such time as final action is taken by the board on the physician's application.

Acts 1997, No. 1353, § 2.
Ark. Code Ann. § 17-82-203 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-203
Members - Removal
Status: in_force

(a) Upon charges filed before it in writing, the Arkansas State Board of Dental Examiners is empowered to remove any member thereof who has been guilty of continued neglect of duty or who is found to be incompetent, dishonorable, or unprofessional. (b) There shall be no such removal without first giving the accused an opportunity to be heard and to defend the charges against him or her. (c) A copy of the charges must have been served upon him or her in the manner prescribed by § 17-82-317 . Acts 1955, No. 14, § 30; A.S.A. 1947, § 72-563.

(a) Upon charges filed before it in writing, the Arkansas State Board of Dental Examiners is empowered to remove any member thereof who has been guilty of continued neglect of duty or who is found to be incompetent, dishonorable, or unprofessional.

(b) There shall be no such removal without first giving the accused an opportunity to be heard and to defend the charges against him or her.

(c) A copy of the charges must have been served upon him or her in the manner prescribed by § 17-82-317 .

Acts 1955, No. 14, § 30; A.S.A. 1947, § 72-563.
Ark. Code Ann. § 17-26-701 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-701
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-39-107 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-107
Disposition of funds
Status: in_force

(a) All fees collected under this subchapter and § 17-39-201 et seq. shall be deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund. (b) (1) All funds received by the Division of Arkansas State Police shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year. Amended by Act 2021, No. 476,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 393,§ 8, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 7, eff. 8/16/2013. Acts 1967, No. 413, § 5; A.S.A. 1947, § 71-2205.

(a) All fees collected under this subchapter and § 17-39-201 et seq. shall be deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund.

(b) (1) All funds received by the Division of Arkansas State Police shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.

(1) All funds received by the Division of Arkansas State Police shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

(2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.

Amended by Act 2021, No. 476,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 393,§ 8, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 7, eff. 8/16/2013.

Acts 1967, No. 413, § 5; A.S.A. 1947, § 71-2205.
Ark. Code Ann. § 17-17-305 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-305
Nonresidents - Reciprocity
Status: in_force

(a) A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia having licensing requirements comparable to Arkansas and who in the opinion of the Auctioneer's Licensing Board otherwise meets the requirements of this chapter may upon application be licensed without further examination. (b) (1) Nothing in this section and §§ 17-17-304 and 17-17-306 shall prevent the conducting of any auction in this state by any nonresident auctioneer if such an auctioneer is duly licensed by the state of his or her residence and that state, through reciprocity, permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in the other state without being required to obtain a license in the other state. (2) The license and renewal fee applicable to a nonresident auctioneer shall be the same as the license and renewal fee applicable to a resident auctioneer. (c) Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other state and temporarily present in this state shall conduct an auction in this state unless he or she acts in association with an auctioneer duly licensed in this state if the state in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that state before an auctioneer duly licensed in Arkansas may conduct an auction in that state. Amended by Act 2023, No. 677,§ 7, eff. 8/1/2023. Acts 1989, No. 266, § 10; 1991, No. 786, § 22.

(a) A person holding a license to engage in auctions issued to him or her by a proper authority of a state, territory, or possession of the United States or the District of Columbia having licensing requirements comparable to Arkansas and who in the opinion of the Auctioneer's Licensing Board otherwise meets the requirements of this chapter may upon application be licensed without further examination.

(b) (1) Nothing in this section and §§ 17-17-304 and 17-17-306 shall prevent the conducting of any auction in this state by any nonresident auctioneer if such an auctioneer is duly licensed by the state of his or her residence and that state, through reciprocity, permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in the other state without being required to obtain a license in the other state. (2) The license and renewal fee applicable to a nonresident auctioneer shall be the same as the license and renewal fee applicable to a resident auctioneer.

(1) Nothing in this section and §§ 17-17-304 and 17-17-306 shall prevent the conducting of any auction in this state by any nonresident auctioneer if such an auctioneer is duly licensed by the state of his or her residence and that state, through reciprocity, permits a resident of this state who is an auctioneer duly licensed to conduct auctions in this state to conduct auctions in the other state without being required to obtain a license in the other state.

(2) The license and renewal fee applicable to a nonresident auctioneer shall be the same as the license and renewal fee applicable to a resident auctioneer.

(c) Notwithstanding any other provision of law to the contrary, no person duly licensed as an auctioneer in any other state and temporarily present in this state shall conduct an auction in this state unless he or she acts in association with an auctioneer duly licensed in this state if the state in which the nonresident auctioneer is licensed requires such an association with an auctioneer licensed in that state before an auctioneer duly licensed in Arkansas may conduct an auction in that state.

Amended by Act 2023, No. 677,§ 7, eff. 8/1/2023.

Acts 1989, No. 266, § 10; 1991, No. 786, § 22.
Ark. Code Ann. § 17-101-202 — AR Code / Title 17 / Chapter 101 / Subchapter 2 / Section 17-101-202
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 112, eff. 7/1/2019. Acts 1975, No. 650, § 3; A.S.A. 1947, § 72-1134; Acts 1993, No. 1198, § 1.

Repealed by Act 2019, No. 910,§ 112, eff. 7/1/2019.

Acts 1975, No. 650, § 3; A.S.A. 1947, § 72-1134; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-31-310 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-310
Reissuance
Status: in_force

(a) A new certificate of registration to replace any revoked, lost, destroyed, or mutilated certificate may be issued, subject to the rules of the Arkansas Forestry Commission, and for a charge fixed by the commission. (b) The commission may also reissue a certificate of registration to any person whose certificate has been revoked if: (1) A majority of the commission members present vote in favor of reissuance; and (2) The person presents satisfactory assurances that the grounds which caused the certificate to be revoked will not occur again and that the person is otherwise qualified to be registered hereunder. Amended by Act 2023, No. 691,§ 94, eff. 7/1/2023. Acts 1969, No. 535, § 21; A.S.A. 1947, § 71-2421.

(a) A new certificate of registration to replace any revoked, lost, destroyed, or mutilated certificate may be issued, subject to the rules of the Arkansas Forestry Commission, and for a charge fixed by the commission.

(b) The commission may also reissue a certificate of registration to any person whose certificate has been revoked if: (1) A majority of the commission members present vote in favor of reissuance; and (2) The person presents satisfactory assurances that the grounds which caused the certificate to be revoked will not occur again and that the person is otherwise qualified to be registered hereunder.

(1) A majority of the commission members present vote in favor of reissuance; and

(2) The person presents satisfactory assurances that the grounds which caused the certificate to be revoked will not occur again and that the person is otherwise qualified to be registered hereunder.

Amended by Act 2023, No. 691,§ 94, eff. 7/1/2023.

Acts 1969, No. 535, § 21; A.S.A. 1947, § 71-2421.
Ark. Code Ann. § 17-26-611 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-611
Prohibitions
Status: in_force

(a) Body art is prohibited: (1) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs; (2) On a person who shows signs of recent intravenous drug use; (3) On an area with sunburn, open lesions, rashes, or wounds; (4) With the use of a product or ink banned or restricted by the United States Food and Drug Administration; (5) In a procedure area that is not physically and permanently separated from beauty areas with a wall and a door, such as cosmetology, aesthetics, and nail services; and (6) On an animal in a facility licensed for the application of body art on human beings. (b) A piercing gun shall be used only to pierce an earlobe. (c) A person shall not: (1) Perform a piercing with a manually loaded spring-operated piercing device; (2) Pierce an earlobe with a piercing gun that does not use a presterilized encapsulated stud and clasp system; or (3) (A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health. (B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing. (d) (1) A person shall not sell a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, to a person within this state who is not licensed as an artist by the department. (2) (A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (d)(1) of this section is a separate offense. (e) (1) Possession of a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, by a person within this state who is not licensed as an artist by the department is prohibited. (2) (A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (e)(1) of this section is a separate offense. (f) A fine collected under this section, less court fees, shall be allocated as follows: (1) Fifty percent (50%) to the State of Arkansas; (2) Twenty-five percent (25%) to the city or county that levied and collected the fine; and (3) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department. Amended by Act 2023, No. 688,§ 17, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) Body art is prohibited: (1) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs; (2) On a person who shows signs of recent intravenous drug use; (3) On an area with sunburn, open lesions, rashes, or wounds; (4) With the use of a product or ink banned or restricted by the United States Food and Drug Administration; (5) In a procedure area that is not physically and permanently separated from beauty areas with a wall and a door, such as cosmetology, aesthetics, and nail services; and (6) On an animal in a facility licensed for the application of body art on human beings.

(1) On a person who is inebriated or appears to be incapacitated by the use of alcohol or drugs;

(2) On a person who shows signs of recent intravenous drug use;

(3) On an area with sunburn, open lesions, rashes, or wounds;

(4) With the use of a product or ink banned or restricted by the United States Food and Drug Administration;

(5) In a procedure area that is not physically and permanently separated from beauty areas with a wall and a door, such as cosmetology, aesthetics, and nail services; and

(6) On an animal in a facility licensed for the application of body art on human beings.

(b) A piercing gun shall be used only to pierce an earlobe.

(c) A person shall not: (1) Perform a piercing with a manually loaded spring-operated piercing device; (2) Pierce an earlobe with a piercing gun that does not use a presterilized encapsulated stud and clasp system; or (3) (A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health. (B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing.

(1) Perform a piercing with a manually loaded spring-operated piercing device;

(2) Pierce an earlobe with a piercing gun that does not use a presterilized encapsulated stud and clasp system; or

(3) (A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health. (B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing.

(A) An artist shall not use jewelry for initial piercing that is not certified by ASTM International or the International Organization for Standardization, or both, as an implant-grade material except for specified types of glass, gold, and niobium as approved by the rules established by the Department of Health.

(B) An artist shall maintain on file for inspection a Mill Test Certificate confirming certification by ASTM International or the International Organization for Standardization, or both, for steel and titanium jewelry for initial piercing.

(d) (1) A person shall not sell a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, to a person within this state who is not licensed as an artist by the department. (2) (A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (d)(1) of this section is a separate offense.

(1) A person shall not sell a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, to a person within this state who is not licensed as an artist by the department.

(2) (A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (d)(1) of this section is a separate offense.

(A) A violation of subdivision (d)(1) of this section is a Class A misdemeanor.

(B) Each violation of subdivision (d)(1) of this section is a separate offense.

(e) (1) Possession of a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, by a person within this state who is not licensed as an artist by the department is prohibited. (2) (A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (e)(1) of this section is a separate offense.

(1) Possession of a body piercing needle, tattoo needle, or body art instrument, or a combination of these, including without limitation tattoo ink, barrel, drip, and a tattoo machine, by a person within this state who is not licensed as an artist by the department is prohibited.

(2) (A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor. (B) Each violation of subdivision (e)(1) of this section is a separate offense.

(A) A violation of subdivision (e)(1) of this section is a Class A misdemeanor.

(B) Each violation of subdivision (e)(1) of this section is a separate offense.

(f) A fine collected under this section, less court fees, shall be allocated as follows: (1) Fifty percent (50%) to the State of Arkansas; (2) Twenty-five percent (25%) to the city or county that levied and collected the fine; and (3) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.

(1) Fifty percent (50%) to the State of Arkansas;

(2) Twenty-five percent (25%) to the city or county that levied and collected the fine; and

(3) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.

Amended by Act 2023, No. 688,§ 17, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.