Ark. Code Ann. § 17-92-404 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-404
Pharmacy permit required
Status: in_force

(a) No person shall conduct any pharmacy or other facility as identified in § 17-92-403 in which practitioners' prescriptions are compounded and drugs are retailed or dispensed and in which a licensed pharmacist-in-charge must be employed unless the pharmacy or other facility as identified in § 17-92-403 has obtained a permit issued by the Arkansas State Board of Pharmacy. (b) (1) Keeping a pharmacy or other facility as identified in § 17-92-403 where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words "pharmacist", "pharmaceutical chemist", "apothecary", "pharmacy", "druggist", "drug store", "drugs", or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs. (2) Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation: (A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words "drugs", "drugstore", "pharmacy", "medicine", "apothecary", or "chemist shop" or any abbreviation, translation, extension, or variation thereof; or (B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation. (3) Any person, firm, or corporation violating this subsection shall be guilty of a violation and, if a corporation, any officer thereof who participates in such a violation also shall be guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300). (c) (1) The control of the dispensing of medicines being essential to the protection of the public health and general welfare of the people, any violation of subsection (b) of this section may be enjoined by action in any court of competent jurisdiction at the instance of the board or of the owner of any licensed pharmacy. (2) Proceedings under this subsection shall be governed by rules applicable to circuit courts. Acts 1929, No. 72, §§ 4, 8; Pope's Dig., §§ 4625, 4629; Acts 1949, No. 336, §§ 2, 3; A.S.A. 1947, §§ 72-1016, 72-1017; Acts 2001, No. 910, § 5; 2005, No. 1994, § 91.

(a) No person shall conduct any pharmacy or other facility as identified in § 17-92-403 in which practitioners' prescriptions are compounded and drugs are retailed or dispensed and in which a licensed pharmacist-in-charge must be employed unless the pharmacy or other facility as identified in § 17-92-403 has obtained a permit issued by the Arkansas State Board of Pharmacy.

(b) (1) Keeping a pharmacy or other facility as identified in § 17-92-403 where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words "pharmacist", "pharmaceutical chemist", "apothecary", "pharmacy", "druggist", "drug store", "drugs", or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs. (2) Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation: (A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words "drugs", "drugstore", "pharmacy", "medicine", "apothecary", or "chemist shop" or any abbreviation, translation, extension, or variation thereof; or (B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation. (3) Any person, firm, or corporation violating this subsection shall be guilty of a violation and, if a corporation, any officer thereof who participates in such a violation also shall be guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300).

(1) Keeping a pharmacy or other facility as identified in § 17-92-403 where drugs and medicines or chemicals are dispensed or sold or displayed for sale at retail or where prescriptions are compounded or which has on it a sign using the words "pharmacist", "pharmaceutical chemist", "apothecary", "pharmacy", "druggist", "drug store", "drugs", or their equivalent in any language, or advertising such a store or shop as a drugstore, apothecary shop, or pharmacy by any method or means shall be prima facie evidence of the sale and dispensing of drugs.

(2) Unless the place so conducted holds a permit issued by the board, it shall be unlawful for any person, firm, or corporation: (A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words "drugs", "drugstore", "pharmacy", "medicine", "apothecary", or "chemist shop" or any abbreviation, translation, extension, or variation thereof; or (B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation.

(A) To carry on, conduct, or transact a retail business under any name that contains as a part thereof the words "drugs", "drugstore", "pharmacy", "medicine", "apothecary", or "chemist shop" or any abbreviation, translation, extension, or variation thereof; or

(B) In the operation of any pharmacy or other facility as identified in § 17-92-403 in any manner by advertisement, circular, poster, telephone directory listing, sign, or otherwise, to describe or refer to the place of business conducted by such a person, firm, or corporation by such a term, abbreviation, translation, extension, or variation.

(3) Any person, firm, or corporation violating this subsection shall be guilty of a violation and, if a corporation, any officer thereof who participates in such a violation also shall be guilty of a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300).

(c) (1) The control of the dispensing of medicines being essential to the protection of the public health and general welfare of the people, any violation of subsection (b) of this section may be enjoined by action in any court of competent jurisdiction at the instance of the board or of the owner of any licensed pharmacy. (2) Proceedings under this subsection shall be governed by rules applicable to circuit courts.

(1) The control of the dispensing of medicines being essential to the protection of the public health and general welfare of the people, any violation of subsection (b) of this section may be enjoined by action in any court of competent jurisdiction at the instance of the board or of the owner of any licensed pharmacy.

(2) Proceedings under this subsection shall be governed by rules applicable to circuit courts.

Acts 1929, No. 72, §§ 4, 8; Pope's Dig., §§ 4625, 4629; Acts 1949, No. 336, §§ 2, 3; A.S.A. 1947, §§ 72-1016, 72-1017; Acts 2001, No. 910, § 5; 2005, No. 1994, § 91.
Ark. Code Ann. § 17-29-604 — AR Code / Title 17 / Chapter 29 / Subchapter 6 / Section 17-29-604
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015. Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015.

Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.
Ark. Code Ann. § 17-31-301 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-301
Requirement - Exemptions
Status: in_force

(a) Any person using in connection with the person's name or otherwise assuming, using, or advertising any title or description tending to convey the impression that the person is a forester engaged in the practice of forestry on private lands shall be registered as provided in this subchapter. (b) All foresters are eligible to apply for registration. However, nothing in this chapter shall be construed as requiring: (1) Any person, employee of a firm, partnership, corporation, or department or agency of any branch of the government to be registered pursuant to this chapter in order to practice forestry on the person's or its own lands or manage the person's or its own timberlands, woodlands, or forests or to supervise the removal of any products therefrom; or (2) Any person to be registered pursuant to this chapter in order to perform duties as an employee of a registered forester acting under the supervision of the registered forester. (c) Certificates of registration shall be issued only to individuals. No firm, company, partnership, or corporation may be registered under this chapter. Acts 1969, No. 535, §§ 2, 18; A.S.A. 1947, §§ 71-2402, 71-2418; Acts 1999, No. 993, § 8.

(a) Any person using in connection with the person's name or otherwise assuming, using, or advertising any title or description tending to convey the impression that the person is a forester engaged in the practice of forestry on private lands shall be registered as provided in this subchapter.

(b) All foresters are eligible to apply for registration. However, nothing in this chapter shall be construed as requiring: (1) Any person, employee of a firm, partnership, corporation, or department or agency of any branch of the government to be registered pursuant to this chapter in order to practice forestry on the person's or its own lands or manage the person's or its own timberlands, woodlands, or forests or to supervise the removal of any products therefrom; or (2) Any person to be registered pursuant to this chapter in order to perform duties as an employee of a registered forester acting under the supervision of the registered forester.

(1) Any person, employee of a firm, partnership, corporation, or department or agency of any branch of the government to be registered pursuant to this chapter in order to practice forestry on the person's or its own lands or manage the person's or its own timberlands, woodlands, or forests or to supervise the removal of any products therefrom; or

(2) Any person to be registered pursuant to this chapter in order to perform duties as an employee of a registered forester acting under the supervision of the registered forester.

(c) Certificates of registration shall be issued only to individuals. No firm, company, partnership, or corporation may be registered under this chapter.

Acts 1969, No. 535, §§ 2, 18; A.S.A. 1947, §§ 71-2402, 71-2418; Acts 1999, No. 993, § 8.
Ark. Code Ann. § 17-99-102 — AR Code / Title 17 / Chapter 99 / Subchapter 1 / Section 17-99-102
Definitions
Status: in_force

As used in this chapter: (1) "Licensed allied health practitioner" means any person formally trained and tested in an allied health field qualified to deliver medical care to the public and licensed in the State of Arkansas; (2) "Qualified medical director" means a licensed physician who is the medical director of any inpatient or outpatient respiratory care service, department, home care agency, or long-term care facility; (3) (A) "Respiratory care" means the practice of the principles, techniques, psychology, and theories of cardiopulmonary medicine under the verbal or written direction or prescription of a licensed physician or under the supervision of a qualified medical director, or both. (B) Respiratory care shall include, but not be limited to, the following: (i) Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury or disease, or anticipated dysfunction of the cardiopulmonary system; (ii) Evaluation techniques, including cardiopulmonary function assessment, gas exchange evaluation, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures and equipment; and (iii) (a) The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as: (1) Therapeutic gas administration; (2) Prescribed medications; (3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures; (4) Establishing and maintaining artificial airways; (5) Cardiopulmonary function tests; (6) Testing and obtaining physiological evaluation of arterial and venous blood samples; (7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature; (8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and (9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance. (b) Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and (4) "Respiratory care practitioner" means a licensed person who practices respiratory care as defined in this chapter under the prescription and direction of a licensed physician. Amended by Act 2023, No. 503,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 386,§ 55, eff. 7/24/2019. Acts 1969, No. 168, § 1; A.S.A. 1947, § 72-1601; Acts 1987, No. 952, § 1; 1995, No. 1094, § 1; 2001, No. 1049, § 2.

As used in this chapter:

(1) "Licensed allied health practitioner" means any person formally trained and tested in an allied health field qualified to deliver medical care to the public and licensed in the State of Arkansas;

(2) "Qualified medical director" means a licensed physician who is the medical director of any inpatient or outpatient respiratory care service, department, home care agency, or long-term care facility;

(3) (A) "Respiratory care" means the practice of the principles, techniques, psychology, and theories of cardiopulmonary medicine under the verbal or written direction or prescription of a licensed physician or under the supervision of a qualified medical director, or both. (B) Respiratory care shall include, but not be limited to, the following: (i) Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury or disease, or anticipated dysfunction of the cardiopulmonary system; (ii) Evaluation techniques, including cardiopulmonary function assessment, gas exchange evaluation, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures and equipment; and (iii) (a) The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as: (1) Therapeutic gas administration; (2) Prescribed medications; (3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures; (4) Establishing and maintaining artificial airways; (5) Cardiopulmonary function tests; (6) Testing and obtaining physiological evaluation of arterial and venous blood samples; (7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature; (8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and (9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance. (b) Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and

(A) "Respiratory care" means the practice of the principles, techniques, psychology, and theories of cardiopulmonary medicine under the verbal or written direction or prescription of a licensed physician or under the supervision of a qualified medical director, or both.

(B) Respiratory care shall include, but not be limited to, the following: (i) Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury or disease, or anticipated dysfunction of the cardiopulmonary system; (ii) Evaluation techniques, including cardiopulmonary function assessment, gas exchange evaluation, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures and equipment; and (iii) (a) The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as: (1) Therapeutic gas administration; (2) Prescribed medications; (3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures; (4) Establishing and maintaining artificial airways; (5) Cardiopulmonary function tests; (6) Testing and obtaining physiological evaluation of arterial and venous blood samples; (7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature; (8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and (9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance. (b) Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and

(i) Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury or disease, or anticipated dysfunction of the cardiopulmonary system;

(ii) Evaluation techniques, including cardiopulmonary function assessment, gas exchange evaluation, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures and equipment; and

(iii) (a) The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as: (1) Therapeutic gas administration; (2) Prescribed medications; (3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures; (4) Establishing and maintaining artificial airways; (5) Cardiopulmonary function tests; (6) Testing and obtaining physiological evaluation of arterial and venous blood samples; (7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature; (8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and (9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance. (b) Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and

(a) The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as: (1) Therapeutic gas administration; (2) Prescribed medications; (3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures; (4) Establishing and maintaining artificial airways; (5) Cardiopulmonary function tests; (6) Testing and obtaining physiological evaluation of arterial and venous blood samples; (7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature; (8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and (9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance.

(1) Therapeutic gas administration;

(2) Prescribed medications;

(3) Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures;

(4) Establishing and maintaining artificial airways;

(5) Cardiopulmonary function tests;

(6) Testing and obtaining physiological evaluation of arterial and venous blood samples;

(7) Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature;

(8) Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and

(9) Cleaning and sterilization of cardiopulmonary function equipment and its maintenance.

(b) Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and

(4) "Respiratory care practitioner" means a licensed person who practices respiratory care as defined in this chapter under the prescription and direction of a licensed physician.

Amended by Act 2023, No. 503,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 386,§ 55, eff. 7/24/2019.

Acts 1969, No. 168, § 1; A.S.A. 1947, § 72-1601; Acts 1987, No. 952, § 1; 1995, No. 1094, § 1; 2001, No. 1049, § 2.
Ark. Code Ann. § 17-13-110 — AR Code / Title 17 / Chapter 13 / Section 17-13-110
Disposition of fees
Status: in_force

All fees collected by the State Plant Board under this chapter shall be deposited into the State Treasury as special revenues and credited to the Plant Board Fund. Acts 1987, No. 609, § 10.

All fees collected by the State Plant Board under this chapter shall be deposited into the State Treasury as special revenues and credited to the Plant Board Fund.

Acts 1987, No. 609, § 10.
Ark. Code Ann. § 17-87-203 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-203
Powers and duties
Status: in_force

The Arkansas State Board of Nursing shall have the following powers and responsibilities: (1) (A) Promulgate whatever rules it deems necessary for the implementation of this chapter. (B) No rule promulgated hereafter by the board shall be effective until reviewed by the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof; (2) Cause the prosecution of persons violating this chapter; (3) Keep a record of all its proceedings; (4) Make an annual report to the Secretary of the Department of Health; (5) Employ a Director of the Arkansas State Board of Nursing, in consultation with the Secretary of the Department of Health, if the board determines it necessary for carrying out its functions; (6) Study, review, develop, and recommend role levels of technical classes of nursing service and practice to state and federal health agencies and to public and private administrative bodies; (7) Fix the time for holding its regular meetings; (8) Prescribe minimum standards and approve curricula for educational programs preparing persons for licensure as registered nurses, advanced practice registered nurses, registered nurse practitioner nurses, licensed practical nurses, and licensed psychiatric technician nurses; (9) Prescribe minimum standards and approve curricula for educational programs preparing persons for certification as medication assistive persons; (10) Provide for surveys of such programs at such times as it deems necessary or at the request of the schools; (11) Approve programs that meet the requirements of this chapter; (12) Deny or withdraw approval from educational programs for failure to meet prescribed standards; (13) Examine, certify, and renew the certification of qualified applicants for medication assistive persons; (14) Examine, license, and renew the licenses of qualified applicants for professional nursing, practical nursing, and psychiatric technician nursing; (15) License and renew the licenses of qualified applicants for registered nurse practitioner nursing and advanced practice nursing; (16) Grant certificates of prescriptive authority to qualified advanced practice registered nurses; (17) Convene an advisory committee as provided for in this chapter to assist with oversight of prescriptive authority; (18) [Repealed.] (19) Establish the maximum number of medication assistive persons who may be supervised by a nurse; (20) Conduct disciplinary proceedings as provided for in this chapter; and (21) Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board. Amended by Act 2023, No. 365,§ 41, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1541, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4879, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 9, eff. 8/1/2017. Amended by Act 2013, No. 604,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 9, eff. 8/16/2013. Acts 1971, No. 432, § 4; 1979, No. 404, § 3; A.S.A. 1947, § 72-748; Acts 1995, No. 409, § 6; 1997, No. 179, § 13; 2005, No. 1423, § 2.

The Arkansas State Board of Nursing shall have the following powers and responsibilities:

(1) (A) Promulgate whatever rules it deems necessary for the implementation of this chapter. (B) No rule promulgated hereafter by the board shall be effective until reviewed by the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof;

(A) Promulgate whatever rules it deems necessary for the implementation of this chapter.

(B) No rule promulgated hereafter by the board shall be effective until reviewed by the Legislative Council and the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof;

(2) Cause the prosecution of persons violating this chapter;

(3) Keep a record of all its proceedings;

(4) Make an annual report to the Secretary of the Department of Health;

(5) Employ a Director of the Arkansas State Board of Nursing, in consultation with the Secretary of the Department of Health, if the board determines it necessary for carrying out its functions;

(6) Study, review, develop, and recommend role levels of technical classes of nursing service and practice to state and federal health agencies and to public and private administrative bodies;

(7) Fix the time for holding its regular meetings;

(8) Prescribe minimum standards and approve curricula for educational programs preparing persons for licensure as registered nurses, advanced practice registered nurses, registered nurse practitioner nurses, licensed practical nurses, and licensed psychiatric technician nurses;

(9) Prescribe minimum standards and approve curricula for educational programs preparing persons for certification as medication assistive persons;

(10) Provide for surveys of such programs at such times as it deems necessary or at the request of the schools;

(11) Approve programs that meet the requirements of this chapter;

(12) Deny or withdraw approval from educational programs for failure to meet prescribed standards;

(13) Examine, certify, and renew the certification of qualified applicants for medication assistive persons;

(14) Examine, license, and renew the licenses of qualified applicants for professional nursing, practical nursing, and psychiatric technician nursing;

(15) License and renew the licenses of qualified applicants for registered nurse practitioner nursing and advanced practice nursing;

(16) Grant certificates of prescriptive authority to qualified advanced practice registered nurses;

(17) Convene an advisory committee as provided for in this chapter to assist with oversight of prescriptive authority;

(18) [Repealed.]

(19) Establish the maximum number of medication assistive persons who may be supervised by a nurse;

(20) Conduct disciplinary proceedings as provided for in this chapter; and

(21) Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.

Amended by Act 2023, No. 365,§ 41, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1541, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4879, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 9, eff. 8/1/2017.

Amended by Act 2013, No. 604,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 604,§ 9, eff. 8/16/2013.

Acts 1971, No. 432, § 4; 1979, No. 404, § 3; A.S.A. 1947, § 72-748; Acts 1995, No. 409, § 6; 1997, No. 179, § 13; 2005, No. 1423, § 2.
Ark. Code Ann. § 17-42-102 — AR Code / Title 17 / Chapter 42 / Subchapter 1 / Section 17-42-102
Legislative findings and intent
Status: in_force

The legislature finds that it is necessary to regulate the practice of real estate brokers and salespersons in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public. Acts 1993, No. 690, § 1.

The legislature finds that it is necessary to regulate the practice of real estate brokers and salespersons in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.

Acts 1993, No. 690, § 1.
Ark. Code Ann. § 17-83-101 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Dietetics Practice Act". Acts 1989, No. 392, § 1.

This chapter shall be known and may be cited as the "Dietetics Practice Act".

Acts 1989, No. 392, § 1.
Ark. Code Ann. § 17-18-104 — AR Code / Title 17 / Chapter 18 / Section 17-18-104
Record of transactions
Status: in_force

(a) A person engaged in the wholesale or retail business of dealing in new or used motor vehicle parts, tires, or accessories shall make and keep at the place of business for a period of ninety (90) days, a record of: (1) All motor vehicle parts, tires, or accessories acquired by such a person by purchase, trade, or pawn from any person other than an authorized dealer in motor vehicle parts, tires, or accessories; and (2) Each completed transaction made pursuant to such an offer. (b) The record shall include: (1) A description of the part, tire, or accessory involved; (2) A description of the person from whom the part, tire, or accessory was acquired; (3) A description, including the license number, of any motor vehicle in that person's possession; and (4) Such other information as may be reasonably required for the purpose of this chapter. (c) The record shall be kept available at the place of business for inspection by any law enforcement officer. Acts 1963, No. 108, §§ 1-3; A.S.A. 1947, §§ 75-1801 -- 75-1803.

(a) A person engaged in the wholesale or retail business of dealing in new or used motor vehicle parts, tires, or accessories shall make and keep at the place of business for a period of ninety (90) days, a record of: (1) All motor vehicle parts, tires, or accessories acquired by such a person by purchase, trade, or pawn from any person other than an authorized dealer in motor vehicle parts, tires, or accessories; and (2) Each completed transaction made pursuant to such an offer.

(1) All motor vehicle parts, tires, or accessories acquired by such a person by purchase, trade, or pawn from any person other than an authorized dealer in motor vehicle parts, tires, or accessories; and

(2) Each completed transaction made pursuant to such an offer.

(b) The record shall include: (1) A description of the part, tire, or accessory involved; (2) A description of the person from whom the part, tire, or accessory was acquired; (3) A description, including the license number, of any motor vehicle in that person's possession; and (4) Such other information as may be reasonably required for the purpose of this chapter.

(1) A description of the part, tire, or accessory involved;

(2) A description of the person from whom the part, tire, or accessory was acquired;

(3) A description, including the license number, of any motor vehicle in that person's possession; and

(4) Such other information as may be reasonably required for the purpose of this chapter.

(c) The record shall be kept available at the place of business for inspection by any law enforcement officer.

Acts 1963, No. 108, §§ 1-3; A.S.A. 1947, §§ 75-1801 -- 75-1803.
Ark. Code Ann. § 17-40-108 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-108
Battery-charged fences - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Alarm system" means a device or system that: (i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or (ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion. (B) "Alarm system" does not include an alarm: (i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or (ii) Designed to alert only the inhabitants within the premises; (2) "Battery-charged fence" means a fence that: (A) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary; (B) Is located on property that is not designated by a municipality or county for residential use; (C) Has an energizer that is driven by a commercial storage battery that is not more than twelve volts (12v) of direct current; (D) Produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the standards established by the International Electrotechnical Commission, as it existed on January 1, 2023; (E) Is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet (5') in height; (F) Is not taller than: (i) Ten feet (10') in height; or (ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller; (G) Is marked with conspicuous warning signs that are located on the electric fence at not less than thirty-foot (30') intervals and that read: "WARNING - ELECTRIC FENCE"; and (H) Has all ancillary components and a battery charger that produces a very small current to maintain the battery; (3) "County" means any county in this state; and (4) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town. (b) Notwithstanding any other law, a municipality or county shall not adopt or enforce an ordinance, order, or rule that: (1) Requires a permit for the installation or use of a battery-charged fence that is in addition to any alarm system permit or license issued by the municipality or county; (2) Imposes installation or operational requirements for a battery-charged fence; or (3) Prohibits the installation or use of a battery-charged fence. (c) This section does not apply to a fence used for agricultural or aquacultural purposes. Added by Act 2023, No. 267,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) (A) "Alarm system" means a device or system that: (i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or (ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion. (B) "Alarm system" does not include an alarm: (i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or (ii) Designed to alert only the inhabitants within the premises; (2) "Battery-charged fence" means a fence that: (A) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary; (B) Is located on property that is not designated by a municipality or county for residential use; (C) Has an energizer that is driven by a commercial storage battery that is not more than twelve volts (12v) of direct current; (D) Produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the standards established by the International Electrotechnical Commission, as it existed on January 1, 2023; (E) Is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet (5') in height; (F) Is not taller than: (i) Ten feet (10') in height; or (ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller; (G) Is marked with conspicuous warning signs that are located on the electric fence at not less than thirty-foot (30') intervals and that read: "WARNING - ELECTRIC FENCE"; and (H) Has all ancillary components and a battery charger that produces a very small current to maintain the battery; (3) "County" means any county in this state; and (4) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town.

(1) (A) "Alarm system" means a device or system that: (i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or (ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion. (B) "Alarm system" does not include an alarm: (i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or (ii) Designed to alert only the inhabitants within the premises;

(A) "Alarm system" means a device or system that: (i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or (ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion.

(i) Transmits a signal intended to summon law enforcement of a municipality in response to a burglary; or

(ii) Is used to: (a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or (b) Prevent or detect intrusion.

(a) Prevent or detect burglary, theft, pilferage, fire, or other loss of property; or

(b) Prevent or detect intrusion.

(B) "Alarm system" does not include an alarm: (i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or (ii) Designed to alert only the inhabitants within the premises;

(i) Installed on a motor vehicle, unless the motor vehicle is used for habitation at a permanent site; or

(ii) Designed to alert only the inhabitants within the premises;

(2) "Battery-charged fence" means a fence that: (A) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary; (B) Is located on property that is not designated by a municipality or county for residential use; (C) Has an energizer that is driven by a commercial storage battery that is not more than twelve volts (12v) of direct current; (D) Produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the standards established by the International Electrotechnical Commission, as it existed on January 1, 2023; (E) Is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet (5') in height; (F) Is not taller than: (i) Ten feet (10') in height; or (ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller; (G) Is marked with conspicuous warning signs that are located on the electric fence at not less than thirty-foot (30') intervals and that read: "WARNING - ELECTRIC FENCE"; and (H) Has all ancillary components and a battery charger that produces a very small current to maintain the battery;

(A) Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary;

(B) Is located on property that is not designated by a municipality or county for residential use;

(C) Has an energizer that is driven by a commercial storage battery that is not more than twelve volts (12v) of direct current;

(D) Produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the standards established by the International Electrotechnical Commission, as it existed on January 1, 2023;

(E) Is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet (5') in height;

(F) Is not taller than: (i) Ten feet (10') in height; or (ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller;

(i) Ten feet (10') in height; or

(ii) Two feet (2') higher than the height of the nonelectric perimeter fence or wall, whichever is taller;

(G) Is marked with conspicuous warning signs that are located on the electric fence at not less than thirty-foot (30') intervals and that read: "WARNING - ELECTRIC FENCE"; and

"WARNING - ELECTRIC FENCE"; and

(H) Has all ancillary components and a battery charger that produces a very small current to maintain the battery;

(3) "County" means any county in this state; and

(4) "Municipality" means: (A) A city of the first class; (B) A city of the second class; or (C) An incorporated town.

(A) A city of the first class;

(B) A city of the second class; or

(C) An incorporated town.

(b) Notwithstanding any other law, a municipality or county shall not adopt or enforce an ordinance, order, or rule that: (1) Requires a permit for the installation or use of a battery-charged fence that is in addition to any alarm system permit or license issued by the municipality or county; (2) Imposes installation or operational requirements for a battery-charged fence; or (3) Prohibits the installation or use of a battery-charged fence.

(1) Requires a permit for the installation or use of a battery-charged fence that is in addition to any alarm system permit or license issued by the municipality or county;

(2) Imposes installation or operational requirements for a battery-charged fence; or

(3) Prohibits the installation or use of a battery-charged fence.

(c) This section does not apply to a fence used for agricultural or aquacultural purposes.

Added by Act 2023, No. 267,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-50-207 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-207
Injunctions - Liability of members
Status: in_force

(a) The Arkansas Natural Resources Commission is authorized to seek in a court of competent jurisdiction an injunction, whether permanent or temporary, upon affidavit to prevent any person, business, corporation, or other legal entity from violating any provisions of this chapter or any rule promulgated by the commission under the authority of this chapter. Such injunctions shall be issued without bond. (b) The issuance of any injunction shall not preclude any criminal prosecution for violations of this chapter. (c) The members of the commission, when acting in good faith, shall not be personally liable for any proceedings taken under this chapter. Amended by Act 2023, No. 691,§ 128, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1486, eff. 7/24/2019. Acts 1989, No. 748, § 1.

(a) The Arkansas Natural Resources Commission is authorized to seek in a court of competent jurisdiction an injunction, whether permanent or temporary, upon affidavit to prevent any person, business, corporation, or other legal entity from violating any provisions of this chapter or any rule promulgated by the commission under the authority of this chapter. Such injunctions shall be issued without bond.

(b) The issuance of any injunction shall not preclude any criminal prosecution for violations of this chapter.

(c) The members of the commission, when acting in good faith, shall not be personally liable for any proceedings taken under this chapter.

Amended by Act 2023, No. 691,§ 128, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1486, eff. 7/24/2019.

Acts 1989, No. 748, § 1.
Ark. Code Ann. § 17-28-306 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-306
Reciprocity
Status: in_force

The Board of Electrical Examiners of the State of Arkansas shall be authorized to issue licenses to those applicants holding equivalent licenses in other states, upon payment of the required fees and submission of proof of license in that state, provided an agreement has been reached with that state to recognize the electrical licenses held by Arkansas residents. Acts 1979, No. 870, § 11; A.S.A. 1947, § 71-5311; Acts 1997, No. 1289, § 10.

The Board of Electrical Examiners of the State of Arkansas shall be authorized to issue licenses to those applicants holding equivalent licenses in other states, upon payment of the required fees and submission of proof of license in that state, provided an agreement has been reached with that state to recognize the electrical licenses held by Arkansas residents.

Acts 1979, No. 870, § 11; A.S.A. 1947, § 71-5311; Acts 1997, No. 1289, § 10.
Ark. Code Ann. § 17-87-703 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-703
Designated facilities
Status: in_force

(a) The Arkansas State Board of Nursing shall designate the types of facilities that may use medication assistive persons. (b) (1) Designated facilities may not be required to use medication assistive persons. (2) However, if a designated facility elects to use medication assistive personnel, the facility shall notify the board in a manner prescribed by the board. Acts 2005, No. 1423, § 4.

(a) The Arkansas State Board of Nursing shall designate the types of facilities that may use medication assistive persons.

(b) (1) Designated facilities may not be required to use medication assistive persons. (2) However, if a designated facility elects to use medication assistive personnel, the facility shall notify the board in a manner prescribed by the board.

(1) Designated facilities may not be required to use medication assistive persons.

(2) However, if a designated facility elects to use medication assistive personnel, the facility shall notify the board in a manner prescribed by the board.

Acts 2005, No. 1423, § 4.
Ark. Code Ann. § 17-82-211 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-211
Disposition of funds
Status: in_force

All fees authorized by this chapter and all fines imposed by the courts and collected under the provisions of this chapter are the property of the Arkansas State Board of Dental Examiners and shall be paid or delivered to its secretary-treasurer to be disbursed as provided in this chapter. Acts 1955, No. 14, § 31; A.S.A. 1947, § 72-564.

All fees authorized by this chapter and all fines imposed by the courts and collected under the provisions of this chapter are the property of the Arkansas State Board of Dental Examiners and shall be paid or delivered to its secretary-treasurer to be disbursed as provided in this chapter.

Acts 1955, No. 14, § 31; A.S.A. 1947, § 72-564.
Ark. Code Ann. § 17-40-207 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-207
Powers and duties
Status: in_force

(a) The Director of the Division of Arkansas State Police shall have the following powers and duties: (1) To determine the qualifications of applicants as provided in this chapter; (2) To investigate alleged violations of this chapter and of any rules adopted by the director; (3) To grant, deny, suspend, or revoke any license, credential, or commission issued under this chapter and to levy fines for violation of this chapter; (4) To authorize a licensed or credentialed private investigator from another state to operate in this state for up to ten (10) calendar days without being issued a credential under this chapter, under the rules promulgated by the director; (5) To promulgate reasonable rules in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (6) To establish and enforce standards governing the safety and conduct of persons licensed, credentialed, or commissioned under this chapter. (b) (1) In the conduct of any investigation performed under this chapter, the director may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. (2) (A) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths, require testimony, and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence. (B) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing. (c) The director may designate a person on his or her staff to administer and carry out this chapter. Amended by Act 2019, No. 910,§ 5965, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 53, eff. 9/1/2015. Acts 1977, No. 429, §§ 9, 10; 1981, No. 792, § 2; A.S.A. 1947, §§ 71-2130, 71-2131.

(a) The Director of the Division of Arkansas State Police shall have the following powers and duties: (1) To determine the qualifications of applicants as provided in this chapter; (2) To investigate alleged violations of this chapter and of any rules adopted by the director; (3) To grant, deny, suspend, or revoke any license, credential, or commission issued under this chapter and to levy fines for violation of this chapter; (4) To authorize a licensed or credentialed private investigator from another state to operate in this state for up to ten (10) calendar days without being issued a credential under this chapter, under the rules promulgated by the director; (5) To promulgate reasonable rules in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (6) To establish and enforce standards governing the safety and conduct of persons licensed, credentialed, or commissioned under this chapter.

(1) To determine the qualifications of applicants as provided in this chapter;

(2) To investigate alleged violations of this chapter and of any rules adopted by the director;

(3) To grant, deny, suspend, or revoke any license, credential, or commission issued under this chapter and to levy fines for violation of this chapter;

(4) To authorize a licensed or credentialed private investigator from another state to operate in this state for up to ten (10) calendar days without being issued a credential under this chapter, under the rules promulgated by the director;

(5) To promulgate reasonable rules in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(6) To establish and enforce standards governing the safety and conduct of persons licensed, credentialed, or commissioned under this chapter.

(b) (1) In the conduct of any investigation performed under this chapter, the director may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents. (2) (A) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths, require testimony, and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence. (B) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing.

(1) In the conduct of any investigation performed under this chapter, the director may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, and documents.

(2) (A) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths, require testimony, and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence. (B) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing.

(A) The administrative hearing officer shall conduct the administrative hearing, and he or she may administer oaths, require testimony, and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, or other relevant evidence.

(B) The administrative hearing officer shall submit his or her recommendation to the director within sixty (60) days of the hearing.

(c) The director may designate a person on his or her staff to administer and carry out this chapter.

Amended by Act 2019, No. 910,§ 5965, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 53, eff. 9/1/2015.

Acts 1977, No. 429, §§ 9, 10; 1981, No. 792, § 2; A.S.A. 1947, §§ 71-2130, 71-2131.
Ark. Code Ann. § 17-26-401 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-401
License requirements
Status: in_force

(a) No person, firm, or corporation shall conduct or operate a cosmetological establishment, school of cosmetology, beauty parlor, or any other place of business in which any one (1) or any combination of the occupations of a cosmetologist are taught or practiced, except the branch of manicuring as practiced in a barbershop, until licensed under the provisions of this chapter and complying with the provisions of this chapter relating to sanitation. (b) It shall be unlawful for any person to employ or to allow to be employed any person not licensed by the Cosmetology Technical Advisory Committee in or about a cosmetological establishment as a cosmetologist manager-operator, or as a manicurist, or as an electrologist, or as an aesthetician. Acts 1955, No. 358, Art. 2, § 1; 1955, No. 358, Art. 7, § 3; 1985, No. 215, § 8; A.S.A. 1947, §§ 71-826, 71-850; Acts 2007, No. 223, § 32.

(a) No person, firm, or corporation shall conduct or operate a cosmetological establishment, school of cosmetology, beauty parlor, or any other place of business in which any one (1) or any combination of the occupations of a cosmetologist are taught or practiced, except the branch of manicuring as practiced in a barbershop, until licensed under the provisions of this chapter and complying with the provisions of this chapter relating to sanitation.

(b) It shall be unlawful for any person to employ or to allow to be employed any person not licensed by the Cosmetology Technical Advisory Committee in or about a cosmetological establishment as a cosmetologist manager-operator, or as a manicurist, or as an electrologist, or as an aesthetician.

Acts 1955, No. 358, Art. 2, § 1; 1955, No. 358, Art. 7, § 3; 1985, No. 215, § 8; A.S.A. 1947, §§ 71-826, 71-850; Acts 2007, No. 223, § 32.
Ark. Code Ann. § 17-20-308 — AR Code / Title 17 / Chapter 20 / Subchapter 3 / Section 17-20-308
Grounds for disciplinary action
Status: in_force

The State Board of Barber Examiners may refuse to issue or renew or may suspend or revoke any certificate of registration, take other appropriate disciplinary action, and impose a civil penalty as provided in § 17-20-310 for any of the following: (1) (A) Conviction of a felony listed under § 17-3-102 shown by a certified copy of the record of the court of conviction. (B) In accordance with § 5-14-129 , the board shall refuse to issue or renew a certificate of registration or shall suspend or revoke a certificate of registration for a barber who is a registered sex offender. (C) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age. (D) A violation of this section is a Class D felony; (2) Malpractice or gross incompetency; (3) Affliction of the applicant, registered barber, or registered apprentice barber with an infectious or communicable disease; (4) Advertising by means of knowingly false or deceptive statements; (5) Advertising, practicing, or attempting to practice under a trade name or name other than one's own; (6) Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs; (7) Immoral or unprofessional conduct; (8) The violation of any of the sanitary rules promulgated by either the board or the Department of Health for the regulation of barbershops and barber schools; or (9) Continuing employment in a barbershop wherein the sanitary rules of the board or the department promulgated for the regulation of barbershops or barber schools are known by the registered barber or registered apprentice to be violated. Amended by Act 2019, No. 315,§ 1366, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 24, eff. 7/24/2019. Amended by Act 2017, No. 1060,§ 17, eff. 8/1/2017. Acts 1937, No. 313, § 12; Pope's Dig., § 12080; A.S.A. 1947, § 71-512; Acts 1993, No. 1056, § 4.

The State Board of Barber Examiners may refuse to issue or renew or may suspend or revoke any certificate of registration, take other appropriate disciplinary action, and impose a civil penalty as provided in § 17-20-310 for any of the following:

(1) (A) Conviction of a felony listed under § 17-3-102 shown by a certified copy of the record of the court of conviction. (B) In accordance with § 5-14-129 , the board shall refuse to issue or renew a certificate of registration or shall suspend or revoke a certificate of registration for a barber who is a registered sex offender. (C) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age. (D) A violation of this section is a Class D felony;

(A) Conviction of a felony listed under § 17-3-102 shown by a certified copy of the record of the court of conviction.

(B) In accordance with § 5-14-129 , the board shall refuse to issue or renew a certificate of registration or shall suspend or revoke a certificate of registration for a barber who is a registered sex offender.

(C) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly engage in an occupation or participate in a volunteer position that requires the sex offender to work or interact primarily and directly with a child under sixteen (16) years of age.

(D) A violation of this section is a Class D felony;

(2) Malpractice or gross incompetency;

(3) Affliction of the applicant, registered barber, or registered apprentice barber with an infectious or communicable disease;

(4) Advertising by means of knowingly false or deceptive statements;

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

(6) Habitual drunkenness or habitual addiction to the use of morphine, cocaine, or other habit-forming drugs;

(7) Immoral or unprofessional conduct;

(8) The violation of any of the sanitary rules promulgated by either the board or the Department of Health for the regulation of barbershops and barber schools; or

(9) Continuing employment in a barbershop wherein the sanitary rules of the board or the department promulgated for the regulation of barbershops or barber schools are known by the registered barber or registered apprentice to be violated.

Amended by Act 2019, No. 315,§ 1366, eff. 7/24/2019.

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

Amended by Act 2017, No. 1060,§ 17, eff. 8/1/2017.

Acts 1937, No. 313, § 12; Pope's Dig., § 12080; A.S.A. 1947, § 71-512; Acts 1993, No. 1056, § 4.
Ark. Code Ann. § 17-49-212 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-212
Power of attorney - Service of summons
Status: in_force

Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out of the conduct of his or her business as an itinerant merchant and the operation of the motor vehicle described in the application. Acts 1941, No. 138, § 7; A.S.A. 1947, § 84-2407.

Before a license shall be issued, the applicant shall sign and file with the Department of Finance and Administration an irrevocable power of attorney appointing the department his or her agent to accept service of summons for all causes of action against him or her arising out of the conduct of his or her business as an itinerant merchant and the operation of the motor vehicle described in the application.

Acts 1941, No. 138, § 7; A.S.A. 1947, § 84-2407.
Ark. Code Ann. § 17-50-208 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-208
Proceedings before commission
Status: in_force

(a) The Arkansas Natural Resources Commission is empowered, by majority vote, to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be pertinent to any questions lawfully before the commission. The subpoena shall be served by the sheriff or any other officer authorized by law to serve process in this state. (b) In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county where the person is domiciled or is engaged in business or where the records are filed, on application of the commission, may issue an order to compel the person to comply with the subpoena and to attend before the commission and produce the documents and give his or her testimony upon matters, as may be lawfully required. (c) The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court, or for a refusal to testify therein. Amended by Act 2023, No. 691,§ 129, eff. 7/1/2023. Acts 1989, No. 748, § 1.

(a) The Arkansas Natural Resources Commission is empowered, by majority vote, to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be pertinent to any questions lawfully before the commission. The subpoena shall be served by the sheriff or any other officer authorized by law to serve process in this state.

(b) In case of failure or refusal on the part of any person to comply with any subpoena issued by the commission, or in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, the circuit court of the county where the person is domiciled or is engaged in business or where the records are filed, on application of the commission, may issue an order to compel the person to comply with the subpoena and to attend before the commission and produce the documents and give his or her testimony upon matters, as may be lawfully required.

(c) The court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from the court, or for a refusal to testify therein.

Amended by Act 2023, No. 691,§ 129, eff. 7/1/2023.

Acts 1989, No. 748, § 1.
Ark. Code Ann. § 17-44-105 — AR Code / Title 17 / Chapter 44 / Section 17-44-105
Sales by minors
Status: in_force

(a) (1) No scrap metal recycler shall purchase or otherwise receive in the course of business scrap metal that is claimed by any minor or that may be in the possession of or under control of a minor, unless the minor is accompanied by his or her parent or guardian. (2) The parent or guardian shall state in writing that the transaction is taking place with the parent's or guardian's full knowledge and consent. (b) A scrap metal recycler shall preserve and keep on file and make available for inspection the written statement required by subsection (a) of this section for not less than three (3) years. Acts 1989, No. 476, §§ 1-4; 1991, No. 669, § 1; 2005, No. 1994, § 400; 2007, No. 749, § 5.

(a) (1) No scrap metal recycler shall purchase or otherwise receive in the course of business scrap metal that is claimed by any minor or that may be in the possession of or under control of a minor, unless the minor is accompanied by his or her parent or guardian. (2) The parent or guardian shall state in writing that the transaction is taking place with the parent's or guardian's full knowledge and consent.

(1) No scrap metal recycler shall purchase or otherwise receive in the course of business scrap metal that is claimed by any minor or that may be in the possession of or under control of a minor, unless the minor is accompanied by his or her parent or guardian.

(2) The parent or guardian shall state in writing that the transaction is taking place with the parent's or guardian's full knowledge and consent.

(b) A scrap metal recycler shall preserve and keep on file and make available for inspection the written statement required by subsection (a) of this section for not less than three (3) years.

Acts 1989, No. 476, §§ 1-4; 1991, No. 669, § 1; 2005, No. 1994, § 400; 2007, No. 749, § 5.
Ark. Code Ann. § 17-51-106 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-106
Fees
Status: in_force

(a) The State Board of Health shall have the authority to: (1) Set fees to cover only the cost of the administration of this chapter; and (2) Establish fees for: (A) Examination; (B) Licensing; (C) Renewal of license; (D) Penalty for late renewal; (E) Evaluation for reciprocity; and (F) Temporary permit issuance or renewal. (b) Fees shall not exceed: (1) Fifty dollars ($50.00) for examination; (2) Twenty-five dollars ($25.00) for licensing; (3) Fifty dollars ($50.00) for renewal of licenses; (4) Ten dollars ($10.00) for penalty for late renewal; (5) Fifty dollars ($50.00) for evaluation for reciprocity; and (6) Twenty-five dollars ($25.00) for temporary permits or renewal of temporary permits. (c) (1) All fees collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only for the administration of this chapter. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the Drinking Water Operator Certification Program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year. Amended by Act 2019, No. 315,§ 1495, eff. 7/24/2019. Acts 1957, No. 333, §§ 4, 5; A.S.A. 1947, §§ 71-1704, 71-1705; Acts 1991, No. 1001, § 1; 1997, No. 494, § 3.

(a) The State Board of Health shall have the authority to: (1) Set fees to cover only the cost of the administration of this chapter; and (2) Establish fees for: (A) Examination; (B) Licensing; (C) Renewal of license; (D) Penalty for late renewal; (E) Evaluation for reciprocity; and (F) Temporary permit issuance or renewal.

(1) Set fees to cover only the cost of the administration of this chapter; and

(2) Establish fees for: (A) Examination; (B) Licensing; (C) Renewal of license; (D) Penalty for late renewal; (E) Evaluation for reciprocity; and (F) Temporary permit issuance or renewal.

(A) Examination;

(B) Licensing;

(C) Renewal of license;

(D) Penalty for late renewal;

(E) Evaluation for reciprocity; and

(F) Temporary permit issuance or renewal.

(b) Fees shall not exceed: (1) Fifty dollars ($50.00) for examination; (2) Twenty-five dollars ($25.00) for licensing; (3) Fifty dollars ($50.00) for renewal of licenses; (4) Ten dollars ($10.00) for penalty for late renewal; (5) Fifty dollars ($50.00) for evaluation for reciprocity; and (6) Twenty-five dollars ($25.00) for temporary permits or renewal of temporary permits.

(1) Fifty dollars ($50.00) for examination;

(2) Twenty-five dollars ($25.00) for licensing;

(3) Fifty dollars ($50.00) for renewal of licenses;

(4) Ten dollars ($10.00) for penalty for late renewal;

(5) Fifty dollars ($50.00) for evaluation for reciprocity; and

(6) Twenty-five dollars ($25.00) for temporary permits or renewal of temporary permits.

(c) (1) All fees collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only for the administration of this chapter. (2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the Drinking Water Operator Certification Program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

(1) All fees collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only for the administration of this chapter.

(2) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to the Drinking Water Operator Certification Program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose in any following fiscal year.

Amended by Act 2019, No. 315,§ 1495, eff. 7/24/2019.

Acts 1957, No. 333, §§ 4, 5; A.S.A. 1947, §§ 71-1704, 71-1705; Acts 1991, No. 1001, § 1; 1997, No. 494, § 3.
Ark. Code Ann. § 17-92-801 — AR Code / Title 17 / Chapter 92 / Subchapter 8 / Section 17-92-801
Powers and duties of Arkansas State Board of Pharmacy
Status: in_force

(a) The Arkansas State Board of Pharmacy shall provide that hospital pharmacy technicians as in § 17-92-602 and pharmacy technicians as in § 17-92-101(18)(C) , and hereinafter referred to as pharmacy technicians, register with or be certified by the board, or both. (b) The board may provide reasonable qualifications for a person to be certified as a pharmacy technician or registered as a pharmacy technician, or both, including without limitation, the education, training, and testing that the board deems necessary to preserve and protect the public health. (c) The board may suspend or revoke the registration of any person certified as a pharmacy technician or registered as a pharmacy technician, or both, but only after an opportunity for a hearing before the board upon reasonable notice to the person in writing. (d) Grounds for suspension or revocation of registration or certification as a pharmacy technician, or both, are the following: (1) Violation of any law or rule regarding the practice of pharmacy; (2) Violation of any law or rule regarding legend drugs or controlled substances; or (3) Violation of any rule adopted by the board regarding pharmacy technicians. Amended by Act 2019, No. 315,§ 1597, eff. 7/24/2019. Acts 1993, No. 922, § 1; 1997, No. 1029, § 5; 1999, No. 105, § 17.

(a) The Arkansas State Board of Pharmacy shall provide that hospital pharmacy technicians as in § 17-92-602 and pharmacy technicians as in § 17-92-101(18)(C) , and hereinafter referred to as pharmacy technicians, register with or be certified by the board, or both.

(b) The board may provide reasonable qualifications for a person to be certified as a pharmacy technician or registered as a pharmacy technician, or both, including without limitation, the education, training, and testing that the board deems necessary to preserve and protect the public health.

(c) The board may suspend or revoke the registration of any person certified as a pharmacy technician or registered as a pharmacy technician, or both, but only after an opportunity for a hearing before the board upon reasonable notice to the person in writing.

(d) Grounds for suspension or revocation of registration or certification as a pharmacy technician, or both, are the following: (1) Violation of any law or rule regarding the practice of pharmacy; (2) Violation of any law or rule regarding legend drugs or controlled substances; or (3) Violation of any rule adopted by the board regarding pharmacy technicians.

(1) Violation of any law or rule regarding the practice of pharmacy;

(2) Violation of any law or rule regarding legend drugs or controlled substances; or

(3) Violation of any rule adopted by the board regarding pharmacy technicians.

Amended by Act 2019, No. 315,§ 1597, eff. 7/24/2019.

Acts 1993, No. 922, § 1; 1997, No. 1029, § 5; 1999, No. 105, § 17.
Ark. Code Ann. § 17-39-212 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-212
Criminal background check
Status: in_force

(a) Each first-time applicant and applicant for license renewal shall be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (b) The state and national criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the Director of the Division of Arkansas State Police and shall be responsible for the payment of any fee associated with the state and national criminal background check. (d) Upon completion of the state and national criminal background check, all releasable information obtained concerning the applicant shall be forwarded to the director. (e) This section does not apply to a certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for licensure as a polygraph examiner or intern polygraph examiner for the purpose of the full-time employment with the law enforcement agency. Amended by Act 2019, No. 910,§ 5945, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5944, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 22, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 22, eff. 8/16/2013. Acts 1967, No. 413, § 19; A.S.A. 1947, § 71-2218.

(a) Each first-time applicant and applicant for license renewal shall be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

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

(c) The applicant shall sign a release of information to the Director of the Division of Arkansas State Police and shall be responsible for the payment of any fee associated with the state and national criminal background check.

(d) Upon completion of the state and national criminal background check, all releasable information obtained concerning the applicant shall be forwarded to the director.

(e) This section does not apply to a certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for licensure as a polygraph examiner or intern polygraph examiner for the purpose of the full-time employment with the law enforcement agency.

Amended by Act 2019, No. 910,§ 5945, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5944, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 22, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 22, eff. 8/16/2013.

Acts 1967, No. 413, § 19; A.S.A. 1947, § 71-2218.
Ark. Code Ann. § 17-50-312 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-312
Apprenticeship program
Status: in_force

(a) The Arkansas Natural Resources Commission shall develop an apprenticeship program to assist persons applying for registration and having a minimum level of knowledge, skills, and abilities for the type or class of registration for which they are applying. (b) (1) The apprenticeship program shall include the following: (A) Registration and issuance of a certificate of apprenticeship for the type or class of registration for which the apprentice will be applying; and (B) Supervision of the apprentice by a person holding a valid certificate or certificates of registration of the type or class for which the apprentice will be applying. (2) The supervising certificate holder shall report to the commission at the time of certificate of apprenticeship registration renewal that the apprentice is successfully obtaining the necessary knowledge, skills, and abilities for the type or class of certificate for which the apprentice will be applying. (3) The apprenticeship program requirement shall not exceed four (4) years. Amended by Act 2023, No. 691,§ 140, eff. 7/1/2023. Acts 2003, No. 297, § 15.

(a) The Arkansas Natural Resources Commission shall develop an apprenticeship program to assist persons applying for registration and having a minimum level of knowledge, skills, and abilities for the type or class of registration for which they are applying.

(b) (1) The apprenticeship program shall include the following: (A) Registration and issuance of a certificate of apprenticeship for the type or class of registration for which the apprentice will be applying; and (B) Supervision of the apprentice by a person holding a valid certificate or certificates of registration of the type or class for which the apprentice will be applying. (2) The supervising certificate holder shall report to the commission at the time of certificate of apprenticeship registration renewal that the apprentice is successfully obtaining the necessary knowledge, skills, and abilities for the type or class of certificate for which the apprentice will be applying. (3) The apprenticeship program requirement shall not exceed four (4) years.

(1) The apprenticeship program shall include the following: (A) Registration and issuance of a certificate of apprenticeship for the type or class of registration for which the apprentice will be applying; and (B) Supervision of the apprentice by a person holding a valid certificate or certificates of registration of the type or class for which the apprentice will be applying.

(A) Registration and issuance of a certificate of apprenticeship for the type or class of registration for which the apprentice will be applying; and

(B) Supervision of the apprentice by a person holding a valid certificate or certificates of registration of the type or class for which the apprentice will be applying.

(2) The supervising certificate holder shall report to the commission at the time of certificate of apprenticeship registration renewal that the apprentice is successfully obtaining the necessary knowledge, skills, and abilities for the type or class of certificate for which the apprentice will be applying.

(3) The apprenticeship program requirement shall not exceed four (4) years.

Amended by Act 2023, No. 691,§ 140, eff. 7/1/2023.

Acts 2003, No. 297, § 15.
Ark. Code Ann. § 17-40-106 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-106
Exclusive regulation - Authority of political subdivisions
Status: in_force

(a) The regulation of investigation, security, and alarm systems companies is exclusive to the Director of the Division of Arkansas State Police. (b) Licensees and employees of licensees under the provisions of this chapter are not required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any city, county, or other political subdivision of this state to engage in the business or perform any service authorized under this chapter. (c) However, any city or county may require a company operating within its jurisdiction to register without fee and may adopt an ordinance to require users of alarm systems to obtain revocable permits without fee. Amended by Act 2019, No. 910,§ 5963, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 44, eff. 9/1/2015. Acts 1989, No. 926, § 15.

(a) The regulation of investigation, security, and alarm systems companies is exclusive to the Director of the Division of Arkansas State Police.

(b) Licensees and employees of licensees under the provisions of this chapter are not required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any city, county, or other political subdivision of this state to engage in the business or perform any service authorized under this chapter.

(c) However, any city or county may require a company operating within its jurisdiction to register without fee and may adopt an ordinance to require users of alarm systems to obtain revocable permits without fee.

Amended by Act 2019, No. 910,§ 5963, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 44, eff. 9/1/2015.

Acts 1989, No. 926, § 15.
Ark. Code Ann. § 17-11-306 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-306
Unregistered assistants
Status: in_force

Nothing in this chapter shall be construed as prohibiting any person, firm, or corporation holding a valid and subsisting certificate of authority from employing such clerical and stenographic assistants as may be necessary in the conduct of its business who are not registered under this chapter. Acts 1969, No. 109, § 9; A.S.A. 1947, § 71-109.

Nothing in this chapter shall be construed as prohibiting any person, firm, or corporation holding a valid and subsisting certificate of authority from employing such clerical and stenographic assistants as may be necessary in the conduct of its business who are not registered under this chapter.

Acts 1969, No. 109, § 9; A.S.A. 1947, § 71-109.
Ark. Code Ann. § 17-38-306 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-306
Examinations
Status: in_force

Regular examinations shall be held at least two (2) times a year, and special examinations may be held at such time and place as may be fixed by the Department of Health. Acts 1951, No. 200, § 7; 1975, No. 902, § 7; A.S.A. 1947, § 71-1211; Acts 1987, No. 816, § 7.

Regular examinations shall be held at least two (2) times a year, and special examinations may be held at such time and place as may be fixed by the Department of Health.

Acts 1951, No. 200, § 7; 1975, No. 902, § 7; A.S.A. 1947, § 71-1211; Acts 1987, No. 816, § 7.
Ark. Code Ann. § 17-92-410 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-410
Records of poison sales
Status: in_force

(a) The proprietor shall at all times keep in his or her place of business a record book in which shall be entered all sales of the following, other than sales to physicians, dentists, veterinarians, and sales made on prescriptions of a physician, dentist, or veterinarian: arsenious acid, hydrocyanic acid, potassium cyanide, cyanide mixture, mercury bichloride, and strychnine and its salts, except in proper dosage in pill and tablet form. (b) (1) The record shall show in parallel columns: date of sale, name of article sold, quantity of article sold, purpose for which sold, name or initial of dispenser, and the signature and address of the purchaser. The record shall at all times during business hours be open for inspection by any police officer, sheriff, city or town representative, or any representative of the Arkansas State Board of Pharmacy and shall be preserved for a period of not less than two (2) years from the date of the last entry in the record. (2) If the purchaser is a person not known to the seller, the seller shall require necessary identification to determine the true name and address of the purchaser. Acts 1929, No. 72, §§ 12, 13; Pope's Dig., §§ 4633, 4634; Acts 1959, No. 92, § 1; A.S.A. 1947, §§ 72-1023, 72-1024.

(a) The proprietor shall at all times keep in his or her place of business a record book in which shall be entered all sales of the following, other than sales to physicians, dentists, veterinarians, and sales made on prescriptions of a physician, dentist, or veterinarian: arsenious acid, hydrocyanic acid, potassium cyanide, cyanide mixture, mercury bichloride, and strychnine and its salts, except in proper dosage in pill and tablet form.

(b) (1) The record shall show in parallel columns: date of sale, name of article sold, quantity of article sold, purpose for which sold, name or initial of dispenser, and the signature and address of the purchaser. The record shall at all times during business hours be open for inspection by any police officer, sheriff, city or town representative, or any representative of the Arkansas State Board of Pharmacy and shall be preserved for a period of not less than two (2) years from the date of the last entry in the record. (2) If the purchaser is a person not known to the seller, the seller shall require necessary identification to determine the true name and address of the purchaser.

(1) The record shall show in parallel columns: date of sale, name of article sold, quantity of article sold, purpose for which sold, name or initial of dispenser, and the signature and address of the purchaser. The record shall at all times during business hours be open for inspection by any police officer, sheriff, city or town representative, or any representative of the Arkansas State Board of Pharmacy and shall be preserved for a period of not less than two (2) years from the date of the last entry in the record.

(2) If the purchaser is a person not known to the seller, the seller shall require necessary identification to determine the true name and address of the purchaser.

Acts 1929, No. 72, §§ 12, 13; Pope's Dig., §§ 4633, 4634; Acts 1959, No. 92, § 1; A.S.A. 1947, §§ 72-1023, 72-1024.
Ark. Code Ann. § 17-17-304 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-304
Nonresidents - Licensing generally
Status: in_force

(a) A nonresident of this state may become a licensed auctioneer in this state by registering with the Auctioneer's Licensing Board and confirming in writing that his or her actions will be regulated by this chapter and other applicable laws of this state as stated in this section and §§ 17-17-305 and 17-17-306 . (b) (1) In every instance the nonresident must pay the issuance fee, the annual renewal fee, and the Auctioneer Education and Recovery Fund fee. (2) (A) No person who is not a resident of this state shall conduct any livestock auction in this state unless bonded for at least fifty thousand dollars ($50,000) by a surety licensed to do business in this state by the Insurance Commissioner. (B) A violation of this section shall constitute a Class A misdemeanor. Acts 1985, No. 477, § 1; A.S.A. 1947, § 71-413; Acts 1989, No. 266, § 10; 1999, No. 227, § 2.

(a) A nonresident of this state may become a licensed auctioneer in this state by registering with the Auctioneer's Licensing Board and confirming in writing that his or her actions will be regulated by this chapter and other applicable laws of this state as stated in this section and §§ 17-17-305 and 17-17-306 .

(b) (1) In every instance the nonresident must pay the issuance fee, the annual renewal fee, and the Auctioneer Education and Recovery Fund fee. (2) (A) No person who is not a resident of this state shall conduct any livestock auction in this state unless bonded for at least fifty thousand dollars ($50,000) by a surety licensed to do business in this state by the Insurance Commissioner. (B) A violation of this section shall constitute a Class A misdemeanor.

(1) In every instance the nonresident must pay the issuance fee, the annual renewal fee, and the Auctioneer Education and Recovery Fund fee.

(2) (A) No person who is not a resident of this state shall conduct any livestock auction in this state unless bonded for at least fifty thousand dollars ($50,000) by a surety licensed to do business in this state by the Insurance Commissioner. (B) A violation of this section shall constitute a Class A misdemeanor.

(A) No person who is not a resident of this state shall conduct any livestock auction in this state unless bonded for at least fifty thousand dollars ($50,000) by a surety licensed to do business in this state by the Insurance Commissioner.

(B) A violation of this section shall constitute a Class A misdemeanor.

Acts 1985, No. 477, § 1; A.S.A. 1947, § 71-413; Acts 1989, No. 266, § 10; 1999, No. 227, § 2.
Ark. Code Ann. § 17-38-403 — AR Code / Title 17 / Chapter 38 / Subchapter 4 / Section 17-38-403
State Plumbing Apprenticeship Committee
Status: in_force

(a) The Career Education and Workforce Development Board shall appoint a State Plumbing Apprenticeship Committee consisting of seven (7) voting members as follows: (1) Two (2) shall be Arkansas state-licensed journeyman plumbers; (2) One (1) shall be a citizen member; and (3) Four (4) shall be Arkansas state-licensed master plumbers. (b) One (1) of the voting members shall be appointed from each congressional district, and three (3) of the voting members shall be appointed from the state at large. (c) The Director of the Office of Skills Development or his or her designee shall serve as a nonvoting advisory member to the State Plumbing Apprenticeship Committee. (d) Voting members shall serve four-year terms. (e) The members of the State Plumbing Apprenticeship Committee may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) The board shall prescribe State Plumbing Apprenticeship Committee members' qualifications and prescribe their duties. (g) The board may remove a member for cause. Amended by Act 2021, No. 647,§ 16, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 476, eff. 7/1/2019. Acts 1987, No. 768, § 3; 1991, No. 412, § 3; 1997, No. 250, § 145; 2003, No. 1217, § 10.

(a) The Career Education and Workforce Development Board shall appoint a State Plumbing Apprenticeship Committee consisting of seven (7) voting members as follows: (1) Two (2) shall be Arkansas state-licensed journeyman plumbers; (2) One (1) shall be a citizen member; and (3) Four (4) shall be Arkansas state-licensed master plumbers.

(1) Two (2) shall be Arkansas state-licensed journeyman plumbers;

(2) One (1) shall be a citizen member; and

(3) Four (4) shall be Arkansas state-licensed master plumbers.

(b) One (1) of the voting members shall be appointed from each congressional district, and three (3) of the voting members shall be appointed from the state at large.

(c) The Director of the Office of Skills Development or his or her designee shall serve as a nonvoting advisory member to the State Plumbing Apprenticeship Committee.

(d) Voting members shall serve four-year terms.

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

(f) The board shall prescribe State Plumbing Apprenticeship Committee members' qualifications and prescribe their duties.

(g) The board may remove a member for cause.

Amended by Act 2021, No. 647,§ 16, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 476, eff. 7/1/2019.

Acts 1987, No. 768, § 3; 1991, No. 412, § 3; 1997, No. 250, § 145; 2003, No. 1217, § 10.
Ark. Code Ann. § 17-92-405 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-405
Pharmacy permit - Application
Status: in_force

(a) (1) Upon application, the Arkansas State Board of Pharmacy shall issue a permit to maintain a pharmacy or other facility as described in § 17-92-403 or § 17-92-404 for the sale at retail or otherwise dispensing of drugs and medicines to such persons, firms, or corporations as the board may deem to be qualified to conduct such a pharmacy or other facility. (2) (A) The permit, to be known as a "pharmacy permit", "specialty permit", "hospital pharmaceutical services permit", or "ambulatory care center pharmacy permit", is for the compounding of practitioners' prescriptions and for the manufacture, sale, and distribution of drugs, medicines, and poisons. (B) The pharmacy, specialty pharmacy, hospital pharmacy, or ambulatory care center pharmacy is to be under the direct supervision of a licensed pharmacist. (3) All permits shall expire on December 31. (b) Application for a permit shall be made in such a manner and in such a form as the board may determine. (c) The permits shall at all times be displayed in a conspicuous place in the pharmacy or other facility as identified in § 17-92-403 for which the permit is issued. Acts 1929, No. 72, §§ 9, 10; Pope's Dig., §§ 4630, 4631; A.S.A. 1947, §§ 72-1018, 72-1019; Acts 2001, No. 910, § 6.

(a) (1) Upon application, the Arkansas State Board of Pharmacy shall issue a permit to maintain a pharmacy or other facility as described in § 17-92-403 or § 17-92-404 for the sale at retail or otherwise dispensing of drugs and medicines to such persons, firms, or corporations as the board may deem to be qualified to conduct such a pharmacy or other facility. (2) (A) The permit, to be known as a "pharmacy permit", "specialty permit", "hospital pharmaceutical services permit", or "ambulatory care center pharmacy permit", is for the compounding of practitioners' prescriptions and for the manufacture, sale, and distribution of drugs, medicines, and poisons. (B) The pharmacy, specialty pharmacy, hospital pharmacy, or ambulatory care center pharmacy is to be under the direct supervision of a licensed pharmacist. (3) All permits shall expire on December 31.

(1) Upon application, the Arkansas State Board of Pharmacy shall issue a permit to maintain a pharmacy or other facility as described in § 17-92-403 or § 17-92-404 for the sale at retail or otherwise dispensing of drugs and medicines to such persons, firms, or corporations as the board may deem to be qualified to conduct such a pharmacy or other facility.

(2) (A) The permit, to be known as a "pharmacy permit", "specialty permit", "hospital pharmaceutical services permit", or "ambulatory care center pharmacy permit", is for the compounding of practitioners' prescriptions and for the manufacture, sale, and distribution of drugs, medicines, and poisons. (B) The pharmacy, specialty pharmacy, hospital pharmacy, or ambulatory care center pharmacy is to be under the direct supervision of a licensed pharmacist.

(A) The permit, to be known as a "pharmacy permit", "specialty permit", "hospital pharmaceutical services permit", or "ambulatory care center pharmacy permit", is for the compounding of practitioners' prescriptions and for the manufacture, sale, and distribution of drugs, medicines, and poisons.

(B) The pharmacy, specialty pharmacy, hospital pharmacy, or ambulatory care center pharmacy is to be under the direct supervision of a licensed pharmacist.

(3) All permits shall expire on December 31.

(b) Application for a permit shall be made in such a manner and in such a form as the board may determine.

(c) The permits shall at all times be displayed in a conspicuous place in the pharmacy or other facility as identified in § 17-92-403 for which the permit is issued.

Acts 1929, No. 72, §§ 9, 10; Pope's Dig., §§ 4630, 4631; A.S.A. 1947, §§ 72-1018, 72-1019; Acts 2001, No. 910, § 6.
Ark. Code Ann. § 17-42-311 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-311
Violations
Status: in_force

(a) The following acts, conduct, or practices are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in § 17-42-312 : (1) Obtaining a license by means of fraud, misrepresentation, or concealment; (2) Violating any of the provisions of this chapter or any rules adopted under this chapter or any order issued under this chapter; (3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended; (4) Making any substantial misrepresentation; (5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon; (6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others; (7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness; (8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed; (9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker; (10) Advertising in a false, misleading, or deceptive manner; (11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public; (12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and (13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing. (b) Any license obtained through mistake or inadvertence shall be subject to revocation. (c) A licensee whose license is revoked pursuant to this section shall be eligible to apply for a new license after the expiration of two (2) years from the date of revocation. Amended by Act 2019, No. 315,§ 1462, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 44, eff. 7/24/2019. Acts 1993, No. 690, § 17; 2005, No. 657, § 3; 2007, No. 263, § 7.

(a) The following acts, conduct, or practices are prohibited, and any licensee found guilty shall be subject to disciplinary action as provided in § 17-42-312 : (1) Obtaining a license by means of fraud, misrepresentation, or concealment; (2) Violating any of the provisions of this chapter or any rules adopted under this chapter or any order issued under this chapter; (3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended; (4) Making any substantial misrepresentation; (5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon; (6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others; (7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness; (8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed; (9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker; (10) Advertising in a false, misleading, or deceptive manner; (11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public; (12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and (13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing.

(1) Obtaining a license by means of fraud, misrepresentation, or concealment;

(2) Violating any of the provisions of this chapter or any rules adopted under this chapter or any order issued under this chapter;

(3) Being convicted of or pleading guilty or nolo contendere to a felony listed under § 17-3-102 or a crime involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness regardless of whether the imposition of sentence has been deferred or suspended;

(4) Making any substantial misrepresentation;

(5) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce, persuade, or influence any person to act thereon;

(6) Failing within a reasonable time to account for or to remit any moneys coming into his or her possession which belong to others;

(7) Committing any act involving violence, fraud, dishonesty, untruthfulness, or untrustworthiness;

(8) Acting for more than one (1) party in a transaction without the knowledge of all parties for whom he or she acts or accepting a commission or valuable consideration for the performance of any of the acts specified in this chapter from any person except the licensed principal broker under whom he or she is licensed;

(9) Acting as a broker or salesperson while not licensed with a principal broker, representing or attempting to represent a broker other than the principal broker with whom he or she is affiliated without the express knowledge and consent of the principal broker, or representing himself or herself as a salesperson or having a contractual relationship similar to that of a salesperson with anyone other than a licensed principal broker;

(10) Advertising in a false, misleading, or deceptive manner;

(11) Being unworthy or incompetent to act as a real estate broker or salesperson in such a manner as to safeguard the interests of the public;

(12) Paying a commission or valuable consideration to any person for acts or services performed in violation of this chapter, including paying a commission or other valuable consideration to an unlicensed person for participation in a real estate auction; and

(13) Any other conduct, whether of the same or a different character from that specified in this section, which constitutes improper, fraudulent, or dishonest dealing.

(b) Any license obtained through mistake or inadvertence shall be subject to revocation.

(c) A licensee whose license is revoked pursuant to this section shall be eligible to apply for a new license after the expiration of two (2) years from the date of revocation.

Amended by Act 2019, No. 315,§ 1462, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 44, eff. 7/24/2019.

Acts 1993, No. 690, § 17; 2005, No. 657, § 3; 2007, No. 263, § 7.
Ark. Code Ann. § 17-92-501 — AR Code / Title 17 / Chapter 92 / Subchapter 5 / Section 17-92-501
Penalty
Status: in_force

Any person licensed or otherwise permitted to practice pharmacy in this state who shall violate any provisions of this subchapter shall be subject to discipline by the Arkansas State Board of Pharmacy, including, but not limited to, revocation of such license or permission, according to procedures established by law or by rules of the board. Amended by Act 2019, No. 315,§ 1593, eff. 7/24/2019. Acts 1975, No. 436, § 6; A.S.A. 1947, § 72-1052.

Any person licensed or otherwise permitted to practice pharmacy in this state who shall violate any provisions of this subchapter shall be subject to discipline by the Arkansas State Board of Pharmacy, including, but not limited to, revocation of such license or permission, according to procedures established by law or by rules of the board.

Amended by Act 2019, No. 315,§ 1593, eff. 7/24/2019.

Acts 1975, No. 436, § 6; A.S.A. 1947, § 72-1052.
Ark. Code Ann. § 17-81-204 — AR Code / Title 17 / Chapter 81 / Subchapter 2 / Section 17-81-204
Organization - Meetings
Status: in_force

(a) The Department of Health shall maintain and operate an office for the administration of the business of the Arkansas State Board of Chiropractic Examiners. (b) It shall meet in July of each year and from its members elect a president, secretary, and treasurer. The officers so elected shall hold office for a period of one (1) year or until their successors are elected and have qualified. (c) (1) It shall be the duty of the board to meet regularly one (1) time in every six (6) months for the purpose of conducting the business of the board. (2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Chiropractic Examiners or by the Secretary of the Arkansas State Board of Chiropractic Examiners on the request of any two (2) members of the board. (3) Four (4) members shall constitute a quorum at any meeting of the board. (d) The board shall determine by its own rules the time and manner of giving notice to its members. (e) Any action of the board, except the issuance of temporary licenses, shall require an affirmative vote of a majority of the full membership of the board. Amended by Act 2019, No. 910,§ 4866, eff. 7/1/2019. Acts 1971, No. 706, §§ 6, 7; 1981, No. 51, § 3; A.S.A. 1947, §§ 72-420, 72-421; Acts 1987, No. 354, § 3; 1989 (3rd Ex. Sess.), No. 30, § 2.

(a) The Department of Health shall maintain and operate an office for the administration of the business of the Arkansas State Board of Chiropractic Examiners.

(b) It shall meet in July of each year and from its members elect a president, secretary, and treasurer. The officers so elected shall hold office for a period of one (1) year or until their successors are elected and have qualified.

(c) (1) It shall be the duty of the board to meet regularly one (1) time in every six (6) months for the purpose of conducting the business of the board. (2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Chiropractic Examiners or by the Secretary of the Arkansas State Board of Chiropractic Examiners on the request of any two (2) members of the board. (3) Four (4) members shall constitute a quorum at any meeting of the board.

(1) It shall be the duty of the board to meet regularly one (1) time in every six (6) months for the purpose of conducting the business of the board.

(2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Chiropractic Examiners or by the Secretary of the Arkansas State Board of Chiropractic Examiners on the request of any two (2) members of the board.

(3) Four (4) members shall constitute a quorum at any meeting of the board.

(d) The board shall determine by its own rules the time and manner of giving notice to its members.

(e) Any action of the board, except the issuance of temporary licenses, shall require an affirmative vote of a majority of the full membership of the board.

Amended by Act 2019, No. 910,§ 4866, eff. 7/1/2019.

Acts 1971, No. 706, §§ 6, 7; 1981, No. 51, § 3; A.S.A. 1947, §§ 72-420, 72-421; Acts 1987, No. 354, § 3; 1989 (3rd Ex. Sess.), No. 30, § 2.
Ark. Code Ann. § 17-107-310 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-310
Disciplinary action
Status: in_force

The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may deny, suspend, revoke, or restrict any license or certification issued under this chapter or otherwise discipline an individual licensed or certified under this chapter upon proof that the individual: (1) Has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under § 17-3-102 ; (2) Has used intoxicating liquors, narcotics, controlled substances, or other drugs in a manner that adversely affects the license or certificate holder's ability to practice; (3) Has become physically or mentally incompetent to practice to the extent that the license or certificate holder's professional competence is impaired and the public is endangered; (4) Has committed fraud or deceit in the procuring or attempting to procure a license or certification under this chapter; (5) Has aided or abetted an unlicensed or uncertified individual to perform the duties of a license or certificate holder under this chapter; (6) Has engaged in any practice beyond the scope of duties permitted a license or certificate holder under this chapter; (7) Is incompetent or grossly negligent in his or her performance as a license or certification holder; (8) Has engaged in unprofessional or unethical conduct; (9) Has advertised in a false, fraudulent, deceptive, or misleading manner; (10) Has knowingly betrayed a professional secret; (11) Has violated a rule of the board; (12) Has violated a term of probation or an order previously imposed by the board; or (13) Has had a license, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction. Amended by Act 2019, No. 315,§ 1682, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 134, eff. 7/24/2019. Acts 2007, No. 174, § 1.

The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may deny, suspend, revoke, or restrict any license or certification issued under this chapter or otherwise discipline an individual licensed or certified under this chapter upon proof that the individual:

(1) Has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under § 17-3-102 ;

(2) Has used intoxicating liquors, narcotics, controlled substances, or other drugs in a manner that adversely affects the license or certificate holder's ability to practice;

(3) Has become physically or mentally incompetent to practice to the extent that the license or certificate holder's professional competence is impaired and the public is endangered;

(4) Has committed fraud or deceit in the procuring or attempting to procure a license or certification under this chapter;

(5) Has aided or abetted an unlicensed or uncertified individual to perform the duties of a license or certificate holder under this chapter;

(6) Has engaged in any practice beyond the scope of duties permitted a license or certificate holder under this chapter;

(7) Is incompetent or grossly negligent in his or her performance as a license or certification holder;

(8) Has engaged in unprofessional or unethical conduct;

(9) Has advertised in a false, fraudulent, deceptive, or misleading manner;

(10) Has knowingly betrayed a professional secret;

(11) Has violated a rule of the board;

(12) Has violated a term of probation or an order previously imposed by the board; or

(13) Has had a license, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction.

Amended by Act 2019, No. 315,§ 1682, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 134, eff. 7/24/2019.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-99-103 — AR Code / Title 17 / Chapter 99 / Subchapter 1 / Section 17-99-103
Penalty - Injunction
Status: in_force

(a) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, that person shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than six (6) months, or by both fine and imprisonment. Each day of violation shall constitute a separate offense. (b) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of respiratory care in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution. Acts 1969, No. 168, §§ 15, 16; A.S.A. 1947, §§ 72-1615, 72-1616; Acts 1987, No. 952, §§ 13, 14.

(a) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, that person shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than six (6) months, or by both fine and imprisonment. Each day of violation shall constitute a separate offense.

(b) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of respiratory care in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution.

Acts 1969, No. 168, §§ 15, 16; A.S.A. 1947, §§ 72-1615, 72-1616; Acts 1987, No. 952, §§ 13, 14.
Ark. Code Ann. § 17-51-104 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-104
Drinking Water Advisory and Operator Licensing Committee - Creation - Members
Status: in_force

(a) (1) There is created the Drinking Water Advisory and Operator Licensing Committee to consist of seven (7) members to be appointed by the State Board of Health. (2) One (1) shall be a member of the staff of the Engineering Section of the Department of Health who shall be a registered engineer and who shall act as executive secretary for the board for water system operator licensing activities, and also act as executive secretary for the committee. (3) One (1) shall be an engineer on the teaching staff of any state-supported institution of higher education who shall be either a sanitary engineer, civil engineer, environmental engineer, or chemical engineer with expertise in the drinking water field. (4) Four (4) members shall be active water system operators who shall hold the highest grade licenses. (5) One (1) member shall be a consulting engineer specializing in drinking water systems design. (b) Each regular appointment shall be for a term of six (6) years, provided that no person shall be appointed to serve more than one (1) full six-year term. (c) In the event of a vacancy, a new member shall be appointed by the board to serve out the unexpired term. (d) A member of the committee may be removed for cause only after the board has made an investigation at which the accused has had an opportunity to defend himself or herself against any and all charges. (e) The committee shall serve without remuneration but may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) All members of the committee shall be residents of the State of Arkansas. (g) The member of the committee who is a member of the staff of the Engineering Section of the Department of Health shall serve at the pleasure of the Secretary of the Department of Health. Amended by Act 2019, No. 910,§ 4864, eff. 7/1/2019. Acts 1957, No. 333, § 9; A.S.A. 1947, § 71-1709; Acts 1991, No. 1001, § 1; 1997, No. 250, § 153; 1997, No. 494, § 2.

(a) (1) There is created the Drinking Water Advisory and Operator Licensing Committee to consist of seven (7) members to be appointed by the State Board of Health. (2) One (1) shall be a member of the staff of the Engineering Section of the Department of Health who shall be a registered engineer and who shall act as executive secretary for the board for water system operator licensing activities, and also act as executive secretary for the committee. (3) One (1) shall be an engineer on the teaching staff of any state-supported institution of higher education who shall be either a sanitary engineer, civil engineer, environmental engineer, or chemical engineer with expertise in the drinking water field. (4) Four (4) members shall be active water system operators who shall hold the highest grade licenses. (5) One (1) member shall be a consulting engineer specializing in drinking water systems design.

(1) There is created the Drinking Water Advisory and Operator Licensing Committee to consist of seven (7) members to be appointed by the State Board of Health.

(2) One (1) shall be a member of the staff of the Engineering Section of the Department of Health who shall be a registered engineer and who shall act as executive secretary for the board for water system operator licensing activities, and also act as executive secretary for the committee.

(3) One (1) shall be an engineer on the teaching staff of any state-supported institution of higher education who shall be either a sanitary engineer, civil engineer, environmental engineer, or chemical engineer with expertise in the drinking water field.

(4) Four (4) members shall be active water system operators who shall hold the highest grade licenses.

(5) One (1) member shall be a consulting engineer specializing in drinking water systems design.

(b) Each regular appointment shall be for a term of six (6) years, provided that no person shall be appointed to serve more than one (1) full six-year term.

(c) In the event of a vacancy, a new member shall be appointed by the board to serve out the unexpired term.

(d) A member of the committee may be removed for cause only after the board has made an investigation at which the accused has had an opportunity to defend himself or herself against any and all charges.

(e) The committee shall serve without remuneration but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(f) All members of the committee shall be residents of the State of Arkansas.

(g) The member of the committee who is a member of the staff of the Engineering Section of the Department of Health shall serve at the pleasure of the Secretary of the Department of Health.

Amended by Act 2019, No. 910,§ 4864, eff. 7/1/2019.

Acts 1957, No. 333, § 9; A.S.A. 1947, § 71-1709; Acts 1991, No. 1001, § 1; 1997, No. 250, § 153; 1997, No. 494, § 2.
Ark. Code Ann. § 17-95-1102 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1102
Definitions
Status: in_force

As used in this subchapter: (1) "Genetic counseling" means the process of assisting individuals with understanding and adapting to the medical, psychological, and familial implications of genetic contributions to disease, which includes without limitation: (A) Interpreting family and medical histories to assess the chance of disease occurrence or recurrence; (B) Educating an individual or an individual's family about inheritance, testing, management, prevention, resources, and research; (C) Counseling an individual or an individual's family to promote informed choices and adaption to the risk or condition; (D) Estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition, which may involve: (i) Obtaining and analyzing a complete health history of the individual and the individual's family; (ii) Reviewing the pertinent medical records; (iii) Evaluating the risks from exposure to possible mutagens or teratogens; and (iv) Discussing genetic testing to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members; (E) Assisting the individual, the individual's family, the individual's healthcare provider, or the public to: (i) Appreciate the medical, psychological, and social implications of a disorder, including the features, variability, usual course, and management options of the disorder; (ii) Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members; (iii) Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition; and (iv) Understand genetic tests, including without limitation diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and (F) Facilitating an individual's or an individual's family's: (i) Exploration of the perception of risk and burden associated with a genetic disorder; (ii) Decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical or moral views; and (iii) Adjustment and adaption to the condition or their genetic risk by addressing the need for psychological, social, and medical support; (2) "Licensed genetic counselor" means a person who is licensed under this subchapter to engage in the practice of genetic counseling; and (3) (A) "Supervision" means the ongoing, direct clinical review for the purposes of training or teaching, by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised. (B) "Supervision" may include without limitation the review of case presentation, audio tapes, video tapes, and direct observation. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

As used in this subchapter:

(1) "Genetic counseling" means the process of assisting individuals with understanding and adapting to the medical, psychological, and familial implications of genetic contributions to disease, which includes without limitation: (A) Interpreting family and medical histories to assess the chance of disease occurrence or recurrence; (B) Educating an individual or an individual's family about inheritance, testing, management, prevention, resources, and research; (C) Counseling an individual or an individual's family to promote informed choices and adaption to the risk or condition; (D) Estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition, which may involve: (i) Obtaining and analyzing a complete health history of the individual and the individual's family; (ii) Reviewing the pertinent medical records; (iii) Evaluating the risks from exposure to possible mutagens or teratogens; and (iv) Discussing genetic testing to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members; (E) Assisting the individual, the individual's family, the individual's healthcare provider, or the public to: (i) Appreciate the medical, psychological, and social implications of a disorder, including the features, variability, usual course, and management options of the disorder; (ii) Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members; (iii) Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition; and (iv) Understand genetic tests, including without limitation diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and (F) Facilitating an individual's or an individual's family's: (i) Exploration of the perception of risk and burden associated with a genetic disorder; (ii) Decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical or moral views; and (iii) Adjustment and adaption to the condition or their genetic risk by addressing the need for psychological, social, and medical support;

(A) Interpreting family and medical histories to assess the chance of disease occurrence or recurrence;

(B) Educating an individual or an individual's family about inheritance, testing, management, prevention, resources, and research;

(C) Counseling an individual or an individual's family to promote informed choices and adaption to the risk or condition;

(D) Estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition, which may involve: (i) Obtaining and analyzing a complete health history of the individual and the individual's family; (ii) Reviewing the pertinent medical records; (iii) Evaluating the risks from exposure to possible mutagens or teratogens; and (iv) Discussing genetic testing to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members;

(i) Obtaining and analyzing a complete health history of the individual and the individual's family;

(ii) Reviewing the pertinent medical records;

(iii) Evaluating the risks from exposure to possible mutagens or teratogens; and

(iv) Discussing genetic testing to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members;

(E) Assisting the individual, the individual's family, the individual's healthcare provider, or the public to: (i) Appreciate the medical, psychological, and social implications of a disorder, including the features, variability, usual course, and management options of the disorder; (ii) Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members; (iii) Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition; and (iv) Understand genetic tests, including without limitation diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and

(i) Appreciate the medical, psychological, and social implications of a disorder, including the features, variability, usual course, and management options of the disorder;

(ii) Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members;

(iii) Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition; and

(iv) Understand genetic tests, including without limitation diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and

(F) Facilitating an individual's or an individual's family's: (i) Exploration of the perception of risk and burden associated with a genetic disorder; (ii) Decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical or moral views; and (iii) Adjustment and adaption to the condition or their genetic risk by addressing the need for psychological, social, and medical support;

(i) Exploration of the perception of risk and burden associated with a genetic disorder;

(ii) Decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical or moral views; and

(iii) Adjustment and adaption to the condition or their genetic risk by addressing the need for psychological, social, and medical support;

(2) "Licensed genetic counselor" means a person who is licensed under this subchapter to engage in the practice of genetic counseling; and

(3) (A) "Supervision" means the ongoing, direct clinical review for the purposes of training or teaching, by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised. (B) "Supervision" may include without limitation the review of case presentation, audio tapes, video tapes, and direct observation.

(A) "Supervision" means the ongoing, direct clinical review for the purposes of training or teaching, by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised.

(B) "Supervision" may include without limitation the review of case presentation, audio tapes, video tapes, and direct observation.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-95-403 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-403
Application - Qualifications
Status: in_force

(a) (1) Every person desiring a license to practice medicine shall make application to the Arkansas State Medical Board. The application shall be verified by oath and shall be in such form as shall be prescribed by the Arkansas State Medical Board. (2) The application shall be accompanied by the license fee and such documents, affidavits, and certificates as are necessary to establish that the applicant possesses the qualifications prescribed by this section, apart from any required examination by the Arkansas State Medical Board. (3) The burden of proof shall be upon the applicant, but the Arkansas State Medical Board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses herein defined as unprofessional conduct. (b) No person shall be granted a license to practice medicine in the State of Arkansas unless he or she: (1) Is at least twenty-one (21) years of age; (2) Has not been guilty of acts constituting unprofessional conduct as defined in § 17-95-409 ; (3) (A) Is a graduate of: (i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association; (ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or (iii) (a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board. (b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas. (B) However, the Arkansas State Medical Board at such time as it deems expedient may require of every applicant for licensure: (i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or (ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii) (b) of this section; and (4) Has successfully passed an examination approved by the Arkansas State Medical Board as set forth in its rules. Amended by Act 2019, No. 990,§ 98, eff. 7/24/2019. Amended by Act 2019, No. 267,§ 1, eff. 3/1/2019. Amended by Act 2013, No. 549,§ 1, eff. 8/16/2013. Acts 1957, No. 198, §§ 5, 6; 1971, No. 178, § 1; 1977, No. 199, § 1; A.S.A. 1947, §§ 72-605, 72-606; Acts 1992 (1st Ex. Sess.), No. 45, § 1; 1993, No. 1219, § 22; 2005, No. 498, § 1.

(a) (1) Every person desiring a license to practice medicine shall make application to the Arkansas State Medical Board. The application shall be verified by oath and shall be in such form as shall be prescribed by the Arkansas State Medical Board. (2) The application shall be accompanied by the license fee and such documents, affidavits, and certificates as are necessary to establish that the applicant possesses the qualifications prescribed by this section, apart from any required examination by the Arkansas State Medical Board. (3) The burden of proof shall be upon the applicant, but the Arkansas State Medical Board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses herein defined as unprofessional conduct.

(1) Every person desiring a license to practice medicine shall make application to the Arkansas State Medical Board. The application shall be verified by oath and shall be in such form as shall be prescribed by the Arkansas State Medical Board.

(2) The application shall be accompanied by the license fee and such documents, affidavits, and certificates as are necessary to establish that the applicant possesses the qualifications prescribed by this section, apart from any required examination by the Arkansas State Medical Board.

(3) The burden of proof shall be upon the applicant, but the Arkansas State Medical Board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses herein defined as unprofessional conduct.

(b) No person shall be granted a license to practice medicine in the State of Arkansas unless he or she: (1) Is at least twenty-one (21) years of age; (2) Has not been guilty of acts constituting unprofessional conduct as defined in § 17-95-409 ; (3) (A) Is a graduate of: (i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association; (ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or (iii) (a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board. (b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas. (B) However, the Arkansas State Medical Board at such time as it deems expedient may require of every applicant for licensure: (i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or (ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii) (b) of this section; and (4) Has successfully passed an examination approved by the Arkansas State Medical Board as set forth in its rules.

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

(2) Has not been guilty of acts constituting unprofessional conduct as defined in § 17-95-409 ;

(3) (A) Is a graduate of: (i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association; (ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or (iii) (a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board. (b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas. (B) However, the Arkansas State Medical Board at such time as it deems expedient may require of every applicant for licensure: (i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or (ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii) (b) of this section; and

(A) Is a graduate of: (i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association; (ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or (iii) (a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board. (b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas.

(i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association;

(ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or

(iii) (a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board. (b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas.

(a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Arkansas State Medical Board.

(b) He or she must also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas.

(1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States;

(2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or

(3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas.

(B) However, the Arkansas State Medical Board at such time as it deems expedient may require of every applicant for licensure: (i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or (ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii) (b) of this section; and

(i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or

(ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii) (b) of this section; and

(4) Has successfully passed an examination approved by the Arkansas State Medical Board as set forth in its rules.

Amended by Act 2019, No. 990,§ 98, eff. 7/24/2019.

Amended by Act 2019, No. 267,§ 1, eff. 3/1/2019.

Amended by Act 2013, No. 549,§ 1, eff. 8/16/2013.

Acts 1957, No. 198, §§ 5, 6; 1971, No. 178, § 1; 1977, No. 199, § 1; A.S.A. 1947, §§ 72-605, 72-606; Acts 1992 (1st Ex. Sess.), No. 45, § 1; 1993, No. 1219, § 22; 2005, No. 498, § 1.
Ark. Code Ann. § 17-32-201 — AR Code / Title 17 / Chapter 32 / Subchapter 2 / Section 17-32-201
Creation - Members - Compensation
Status: in_force

(a) (1) There is created the State Board of Registration for Professional Geologists. (2) It shall be the duty of the board to administer this chapter and promulgate rules for registration of qualified geological applicants. (3) The board shall comprise: (A) Five (5) members who shall be registered geologists, one (1) of whom shall be an academic geologist, one (1) a governmental geologist, one (1) a salaried company geologist, one (1) an independent or consultant geologist, and one (1) a geologist-at-large; (B) One (1) additional member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of geology; and (C) The State Geologist, or his or her designated agent, as a permanent ex officio member. (b) The members of the board shall be appointed by the Governor and confirmed by the Senate. (c) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for the two (2) years immediately preceding his or her appointment. (d) The members shall serve five-year terms. (e) No person shall serve as a member of the board for more than one (1) consecutive five-year term. (f) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor. (g) Before entering upon the discharge of their duty, the members of the board shall subscribe to and file with the Secretary of State the constitutional oath of officers, whereupon the Secretary of State shall issue to each appointee a certificate of appointment. (h) The members of the board may receive expense reimbursement in accordance with § 25-16-901 et seq. Board members shall serve without compensation. Amended by Act 2023, No. 697,§ 12, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1404, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5426, eff. 7/1/2019. Acts 1987, No. 470, § 3; 1987, No. 701, § 3; 1997, No. 250, § 140.

(a) (1) There is created the State Board of Registration for Professional Geologists. (2) It shall be the duty of the board to administer this chapter and promulgate rules for registration of qualified geological applicants. (3) The board shall comprise: (A) Five (5) members who shall be registered geologists, one (1) of whom shall be an academic geologist, one (1) a governmental geologist, one (1) a salaried company geologist, one (1) an independent or consultant geologist, and one (1) a geologist-at-large; (B) One (1) additional member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of geology; and (C) The State Geologist, or his or her designated agent, as a permanent ex officio member.

(1) There is created the State Board of Registration for Professional Geologists.

(2) It shall be the duty of the board to administer this chapter and promulgate rules for registration of qualified geological applicants.

(3) The board shall comprise: (A) Five (5) members who shall be registered geologists, one (1) of whom shall be an academic geologist, one (1) a governmental geologist, one (1) a salaried company geologist, one (1) an independent or consultant geologist, and one (1) a geologist-at-large; (B) One (1) additional member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of geology; and (C) The State Geologist, or his or her designated agent, as a permanent ex officio member.

(A) Five (5) members who shall be registered geologists, one (1) of whom shall be an academic geologist, one (1) a governmental geologist, one (1) a salaried company geologist, one (1) an independent or consultant geologist, and one (1) a geologist-at-large;

(B) One (1) additional member who shall be appointed from the public at large and who shall have no connection whatsoever with the practice of geology; and

(C) The State Geologist, or his or her designated agent, as a permanent ex officio member.

(b) The members of the board shall be appointed by the Governor and confirmed by the Senate.

(c) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for the two (2) years immediately preceding his or her appointment.

(d) The members shall serve five-year terms.

(e) No person shall serve as a member of the board for more than one (1) consecutive five-year term.

(f) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor.

(g) Before entering upon the discharge of their duty, the members of the board shall subscribe to and file with the Secretary of State the constitutional oath of officers, whereupon the Secretary of State shall issue to each appointee a certificate of appointment.

(h) The members of the board may receive expense reimbursement in accordance with § 25-16-901 et seq. Board members shall serve without compensation.

Amended by Act 2023, No. 697,§ 12, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1404, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5426, eff. 7/1/2019.

Acts 1987, No. 470, § 3; 1987, No. 701, § 3; 1997, No. 250, § 140.
Ark. Code Ann. § 17-103-303 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-303
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1170,§ 5, eff. 7/22/2015. Acts 1999, No. 1122, § 1; 2005, No. 281, § 1.

Repealed by Act 2015, No. 1170,§ 5, eff. 7/22/2015.

Acts 1999, No. 1122, § 1; 2005, No. 281, § 1.
Ark. Code Ann. § 17-26-208 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-208
Investigations, hearings, or inspections
Status: in_force

(a) The Department of Health shall conduct investigations and inspections as promulgated by rule. (b) (1) Hearings conducted by the Cosmetology Technical Advisory Committee may be held bimonthly for review of cases for which disciplinary action may be required. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a hearing attended by two (2) or more members of the committee is a meeting. (B) A final order shall not be imposed by fewer than three (3) members. (C) A final order imposed by the committee may be appealed to the State Board of Health within thirty (30) days of its receipt. Acts 1955, No. 358, Art. 1, § 8; A.S.A. 1947, § 71-821; Acts 2007, No. 223, § 10; 2009, No. 4, § 3.

(a) The Department of Health shall conduct investigations and inspections as promulgated by rule.

(b) (1) Hearings conducted by the Cosmetology Technical Advisory Committee may be held bimonthly for review of cases for which disciplinary action may be required. (2) (A) Except as provided in subdivision (b)(2)(B) of this section, a hearing attended by two (2) or more members of the committee is a meeting. (B) A final order shall not be imposed by fewer than three (3) members. (C) A final order imposed by the committee may be appealed to the State Board of Health within thirty (30) days of its receipt.

(1) Hearings conducted by the Cosmetology Technical Advisory Committee may be held bimonthly for review of cases for which disciplinary action may be required.

(2) (A) Except as provided in subdivision (b)(2)(B) of this section, a hearing attended by two (2) or more members of the committee is a meeting. (B) A final order shall not be imposed by fewer than three (3) members. (C) A final order imposed by the committee may be appealed to the State Board of Health within thirty (30) days of its receipt.

(A) Except as provided in subdivision (b)(2)(B) of this section, a hearing attended by two (2) or more members of the committee is a meeting.

(B) A final order shall not be imposed by fewer than three (3) members.

(C) A final order imposed by the committee may be appealed to the State Board of Health within thirty (30) days of its receipt.

Acts 1955, No. 358, Art. 1, § 8; A.S.A. 1947, § 71-821; Acts 2007, No. 223, § 10; 2009, No. 4, § 3.
Ark. Code Ann. § 17-40-314 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-314
Managers
Status: in_force

(a) The business of each licensee shall be operated under the direction and control of at least one (1) manager. (b) A person shall not act as a manager of a licensee or private business until the person has: (1) Demonstrated the person's qualifications by a written examination; and (2) Made a satisfactory showing to the Director of the Division of Arkansas State Police that the person has the qualifications prescribed by this chapter. (c) It is unlawful for an individual to make application to the director as manager or to serve as manager of an investigations company, security services contractor, private business, or alarm systems company unless the individual intends to maintain a supervisory position on a daily basis for the investigations company, security services contractor, private business, or alarm systems company. (d) (1) If a manager who has qualified as provided in this section ceases to be manager for any reason, the licensee shall notify the director in writing within fourteen (14) days from the cessation of the manager. (2) If notice under subdivision (d)(1) of this section is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the director and pending the qualification of another manager. (3) If the licensee fails to provide the notice under subdivision (d)(1) of this section to the director within the fourteen-day period, the licensee's license may be subject to suspension, a fine, or revocation. Amended by Act 2019, No. 386,§ 22, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5981, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 68, eff. 9/1/2015. Acts 1977, No. 429, §§ 13, 18; 1981, No. 792, § 10; 1983, No. 899, § 7; A.S.A. 1947, §§ 71-2134, 71-2139; Acts 1989, No. 926, § 10.

(a) The business of each licensee shall be operated under the direction and control of at least one (1) manager.

(b) A person shall not act as a manager of a licensee or private business until the person has: (1) Demonstrated the person's qualifications by a written examination; and (2) Made a satisfactory showing to the Director of the Division of Arkansas State Police that the person has the qualifications prescribed by this chapter.

(1) Demonstrated the person's qualifications by a written examination; and

(2) Made a satisfactory showing to the Director of the Division of Arkansas State Police that the person has the qualifications prescribed by this chapter.

(c) It is unlawful for an individual to make application to the director as manager or to serve as manager of an investigations company, security services contractor, private business, or alarm systems company unless the individual intends to maintain a supervisory position on a daily basis for the investigations company, security services contractor, private business, or alarm systems company.

(d) (1) If a manager who has qualified as provided in this section ceases to be manager for any reason, the licensee shall notify the director in writing within fourteen (14) days from the cessation of the manager. (2) If notice under subdivision (d)(1) of this section is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the director and pending the qualification of another manager. (3) If the licensee fails to provide the notice under subdivision (d)(1) of this section to the director within the fourteen-day period, the licensee's license may be subject to suspension, a fine, or revocation.

(1) If a manager who has qualified as provided in this section ceases to be manager for any reason, the licensee shall notify the director in writing within fourteen (14) days from the cessation of the manager.

(2) If notice under subdivision (d)(1) of this section is given, the license shall remain in force for a reasonable length of time to be determined by the rules of the director and pending the qualification of another manager.

(3) If the licensee fails to provide the notice under subdivision (d)(1) of this section to the director within the fourteen-day period, the licensee's license may be subject to suspension, a fine, or revocation.

Amended by Act 2019, No. 386,§ 22, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5981, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 68, eff. 9/1/2015.

Acts 1977, No. 429, §§ 13, 18; 1981, No. 792, § 10; 1983, No. 899, § 7; A.S.A. 1947, §§ 71-2134, 71-2139; Acts 1989, No. 926, § 10.
Ark. Code Ann. § 17-32-302 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-302
Persons subject to provisions - Exemptions
Status: in_force

(a) Except as specifically exempted by this section, every person who shall publicly practice or offer to publicly practice geology in this state is subject to this chapter. The following persons are exempt: (1) Persons engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this state; (2) Officers and employees of the United States or this state practicing solely as such officers or employees; and (3) A subordinate to a geologist registered under this chapter, insofar as he or she acts solely in that capacity. This exemption, however, does not permit any subordinate to practice geology for others in his or her own right or to use the title of registered geologist. (b) (1) (A) This chapter does not prohibit one (1) or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. (B) In a partnership or corporation whose primary activity consists of geological services, at least one (1) partner or officer shall be a registered geologist. (2) This chapter does not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of its business. (3) This chapter shall not be construed to prevent or to affect the following: (A) The practice of any profession or trade for which a license is required under any other law of this state; (B) (i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work. (ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. (iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section; (C) The practice by a person not a resident of and having no established place of business in this state or who has recently become a resident of this state practicing or offering to practice the profession of geology for more than ninety (90) days in any calendar year if the person has filed with the board an application for a certificate of registration and has paid the fee required by § 17-32-307 . The practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or (D) The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, geotechnical engineering, hydrology as it pertains to the practice of engineering, and environmental engineering. Acts 1987, No. 470, §§ 24, 25; 1987, No. 701, §§ 25, 26; 1991, No. 813, § 1; 2005, No. 676, § 7.

(a) Except as specifically exempted by this section, every person who shall publicly practice or offer to publicly practice geology in this state is subject to this chapter. The following persons are exempt: (1) Persons engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this state; (2) Officers and employees of the United States or this state practicing solely as such officers or employees; and (3) A subordinate to a geologist registered under this chapter, insofar as he or she acts solely in that capacity. This exemption, however, does not permit any subordinate to practice geology for others in his or her own right or to use the title of registered geologist.

(1) Persons engaged solely in teaching the science of geology or engaged in nonpublic geologic research in this state;

(2) Officers and employees of the United States or this state practicing solely as such officers or employees; and

(3) A subordinate to a geologist registered under this chapter, insofar as he or she acts solely in that capacity. This exemption, however, does not permit any subordinate to practice geology for others in his or her own right or to use the title of registered geologist.

(b) (1) (A) This chapter does not prohibit one (1) or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. (B) In a partnership or corporation whose primary activity consists of geological services, at least one (1) partner or officer shall be a registered geologist. (2) This chapter does not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of its business. (3) This chapter shall not be construed to prevent or to affect the following: (A) The practice of any profession or trade for which a license is required under any other law of this state; (B) (i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work. (ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. (iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section; (C) The practice by a person not a resident of and having no established place of business in this state or who has recently become a resident of this state practicing or offering to practice the profession of geology for more than ninety (90) days in any calendar year if the person has filed with the board an application for a certificate of registration and has paid the fee required by § 17-32-307 . The practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or (D) The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, geotechnical engineering, hydrology as it pertains to the practice of engineering, and environmental engineering.

(1) (A) This chapter does not prohibit one (1) or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation. (B) In a partnership or corporation whose primary activity consists of geological services, at least one (1) partner or officer shall be a registered geologist.

(A) This chapter does not prohibit one (1) or more geologists from practicing through the medium of a sole proprietorship, partnership, or corporation.

(B) In a partnership or corporation whose primary activity consists of geological services, at least one (1) partner or officer shall be a registered geologist.

(2) This chapter does not prevent or prohibit an individual, firm, company, association, or corporation whose principal business is other than the public practice of geology from employing a nonregistered geologist to perform nonpublic geological services necessary to the conduct of its business.

(3) This chapter shall not be construed to prevent or to affect the following: (A) The practice of any profession or trade for which a license is required under any other law of this state; (B) (i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work. (ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. (iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section; (C) The practice by a person not a resident of and having no established place of business in this state or who has recently become a resident of this state practicing or offering to practice the profession of geology for more than ninety (90) days in any calendar year if the person has filed with the board an application for a certificate of registration and has paid the fee required by § 17-32-307 . The practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or (D) The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, geotechnical engineering, hydrology as it pertains to the practice of engineering, and environmental engineering.

(A) The practice of any profession or trade for which a license is required under any other law of this state;

(B) (i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work. (ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology. (iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section;

(i) The practice of geology or the offer to practice geology by a person not a resident of and having no established place of business in this state if the person is licensed or registered to practice the profession in another state where the requirements for a certificate of registration or license are not lower than those specified in this state for obtaining the registration required for the work.

(ii) The person shall apply in writing to the State Board of Registration for Professional Geologists and, after payment of a fee established by rule not to exceed six hundred dollars ($600), may be granted a written permit for a prescribed period of time of less than one (1) year to perform a specific practice of geology.

(iii) No right to perform other practices of geology shall accrue to a person granted a written permit under this section;

(C) The practice by a person not a resident of and having no established place of business in this state or who has recently become a resident of this state practicing or offering to practice the profession of geology for more than ninety (90) days in any calendar year if the person has filed with the board an application for a certificate of registration and has paid the fee required by § 17-32-307 . The practice shall continue only for such time as the board requires for the consideration of the applicant for registration; or

(D) The practice of registered professional engineers from lawfully practicing soil mechanics, foundation engineering, geotechnical engineering, hydrology as it pertains to the practice of engineering, and environmental engineering.

Acts 1987, No. 470, §§ 24, 25; 1987, No. 701, §§ 25, 26; 1991, No. 813, § 1; 2005, No. 676, § 7.
Ark. Code Ann. § 17-82-312 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-312
Annual renewal - Relicensing
Status: in_force

(a) A dentist or dental hygienist whose license has been automatically forfeited pursuant to § 17-82-311 shall be relicensed at any time until January 1 of the year following the forfeiture by: (1) Applying in writing to the Arkansas State Board of Dental Examiners; (2) Paying all accrued renewal fees as established under § 17-82-310 and provided for in the rules of the board, plus an additional penalty of two hundred dollars ($200); and (3) Furnishing such proof as the board may require that, in the period since January 1 of the year when his or her license ought first to have been effected, he or she has continuously conducted himself or herself in an ethical and proper fashion and complied with the rules of the board and the provisions of this chapter. (b) A dentist or dental hygienist who applies for relicensing, following forfeiture, after two (2) years from January 1 of the year when his or her license ought first to have been effected may be relicensed by: (1) Complying with the requirements of subsection (a) of this section; and (2) (A) Undergoing reexamination and passing the examination required by the rules of the board. (B) The reexamination shall consist of clinical skills only. Amended by Act 2019, No. 315,§ 1516, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1515, eff. 7/24/2019. Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 1999, No. 581, § 3; 2001, No. 439, § 7.

(a) A dentist or dental hygienist whose license has been automatically forfeited pursuant to § 17-82-311 shall be relicensed at any time until January 1 of the year following the forfeiture by: (1) Applying in writing to the Arkansas State Board of Dental Examiners; (2) Paying all accrued renewal fees as established under § 17-82-310 and provided for in the rules of the board, plus an additional penalty of two hundred dollars ($200); and (3) Furnishing such proof as the board may require that, in the period since January 1 of the year when his or her license ought first to have been effected, he or she has continuously conducted himself or herself in an ethical and proper fashion and complied with the rules of the board and the provisions of this chapter.

(1) Applying in writing to the Arkansas State Board of Dental Examiners;

(2) Paying all accrued renewal fees as established under § 17-82-310 and provided for in the rules of the board, plus an additional penalty of two hundred dollars ($200); and

(3) Furnishing such proof as the board may require that, in the period since January 1 of the year when his or her license ought first to have been effected, he or she has continuously conducted himself or herself in an ethical and proper fashion and complied with the rules of the board and the provisions of this chapter.

(b) A dentist or dental hygienist who applies for relicensing, following forfeiture, after two (2) years from January 1 of the year when his or her license ought first to have been effected may be relicensed by: (1) Complying with the requirements of subsection (a) of this section; and (2) (A) Undergoing reexamination and passing the examination required by the rules of the board. (B) The reexamination shall consist of clinical skills only.

(1) Complying with the requirements of subsection (a) of this section; and

(2) (A) Undergoing reexamination and passing the examination required by the rules of the board. (B) The reexamination shall consist of clinical skills only.

(A) Undergoing reexamination and passing the examination required by the rules of the board.

(B) The reexamination shall consist of clinical skills only.

Amended by Act 2019, No. 315,§ 1516, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1515, eff. 7/24/2019.

Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 1999, No. 581, § 3; 2001, No. 439, § 7.
Ark. Code Ann. § 17-52-307 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-307
Hearings - Review - Access to records
Status: in_force

(a) As part of an investigation or as a condition of renewal, the State Board of Appraisers, Abstracters, and Home Inspectors may require a home inspector to submit in writing home inspection reports and other documents to be reviewed by the board. (b) Requests by the board for copies of home inspection reports shall supersede any contract of client privacy or confidentiality whether written or oral. (c) Any documents submitted to the board as part of an investigation shall: (1) Be considered as confidential documents; (2) Be used only for the purpose for which they are requested; (3) Not be available for public viewing; (4) Not become part of any official file; and (5) Not be revealed to any nonboard members. (d) When the action for which they were requested is completed by the board, the documents shall be returned to the home inspector at his or her own expense or destroyed if the home inspector requests that the documents be destroyed. (e) In fulfilling its duties under this subchapter, the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court. (f) All work papers submitted to the board for action on complaints and disciplinary procedures under this subchapter shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2023, No. 628,§ 52, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) As part of an investigation or as a condition of renewal, the State Board of Appraisers, Abstracters, and Home Inspectors may require a home inspector to submit in writing home inspection reports and other documents to be reviewed by the board.

(b) Requests by the board for copies of home inspection reports shall supersede any contract of client privacy or confidentiality whether written or oral.

(c) Any documents submitted to the board as part of an investigation shall: (1) Be considered as confidential documents; (2) Be used only for the purpose for which they are requested; (3) Not be available for public viewing; (4) Not become part of any official file; and (5) Not be revealed to any nonboard members.

(1) Be considered as confidential documents;

(2) Be used only for the purpose for which they are requested;

(3) Not be available for public viewing;

(4) Not become part of any official file; and

(5) Not be revealed to any nonboard members.

(d) When the action for which they were requested is completed by the board, the documents shall be returned to the home inspector at his or her own expense or destroyed if the home inspector requests that the documents be destroyed.

(e) In fulfilling its duties under this subchapter, the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court.

(f) All work papers submitted to the board for action on complaints and disciplinary procedures under this subchapter shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2023, No. 628,§ 52, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-38-101 — AR Code / Title 17 / Chapter 38 / Subchapter 1 / Section 17-38-101
Definitions
Status: in_force

As used in this chapter: (1) "Apprentice plumber" means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program; (2) "Approved backflow preventor" means any permanent mechanical device or combination of permanent mechanical devices of whatever material that after installation according to the state plumbing regulations acts to prevent a reversal of the normal directional flow of potable water within the piping system in which it is installed; (3) "Board" means the State Board of Health; (4) "Department" means the Department of Health; (5) "Final year of apprenticeship" means when an apprentice plumber has obtained four hundred eighty (480) hours or more of classroom instruction and completed six thousand (6,000) or more hours of on-the-job work in an approved United States Department of Labor apprenticeship program; (6) "Gas utility serviceperson" means an employee of a gas utility specially trained for gas service work with the utility; (7) "Journeyman plumber" means any person other than a master plumber who is engaged in the practical installation of plumbing; (8) "Master plumber" means any person skilled in the planning, superintending, and practical installation of plumbing and familiar with the laws and rules governing it; (9) "Plumbing" means: (A) All piping, fixtures, appurtenances, and appliances: (i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply; (ii) For sanitary drainage or storm drainage facilities, including venting systems for facilities, within or adjacent to any building, structure, or conveyance and connected with a public disposal or private disposal system or other point of disposal; or (iii) Used in the installation of natural gas; and (B) The installation, repair, maintenance, and renovation of all piping, fixtures, appurtenances, and appliances for a supply of water or for the disposal of waste water, liquid waste, or sewage within or adjacent to any building, structure, or conveyance on the premises and to the utility water meter or other public utility property or point-of-disposal waste; and (10) "Restricted plumber" means a person qualified to install building water or sewer lines or other special phases of plumbing if the person has demonstrated competency for that particular phase of plumbing. Amended by Act 2019, No. 315,§ 1437, eff. 7/24/2019. Amended by Act 2017, No. 971,§ 1, eff. 8/1/2017. Acts 1951, No. 200, § 1; 1973, No. 385, § 1; 1975, No. 902, § 1; A.S.A. 1947, § 71-1205; Acts 1987, No. 816, § 1; 2003, No. 1217, § 1.

As used in this chapter:

(1) "Apprentice plumber" means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program;

(2) "Approved backflow preventor" means any permanent mechanical device or combination of permanent mechanical devices of whatever material that after installation according to the state plumbing regulations acts to prevent a reversal of the normal directional flow of potable water within the piping system in which it is installed;

(3) "Board" means the State Board of Health;

(4) "Department" means the Department of Health;

(5) "Final year of apprenticeship" means when an apprentice plumber has obtained four hundred eighty (480) hours or more of classroom instruction and completed six thousand (6,000) or more hours of on-the-job work in an approved United States Department of Labor apprenticeship program;

(6) "Gas utility serviceperson" means an employee of a gas utility specially trained for gas service work with the utility;

(7) "Journeyman plumber" means any person other than a master plumber who is engaged in the practical installation of plumbing;

(8) "Master plumber" means any person skilled in the planning, superintending, and practical installation of plumbing and familiar with the laws and rules governing it;

(9) "Plumbing" means: (A) All piping, fixtures, appurtenances, and appliances: (i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply; (ii) For sanitary drainage or storm drainage facilities, including venting systems for facilities, within or adjacent to any building, structure, or conveyance and connected with a public disposal or private disposal system or other point of disposal; or (iii) Used in the installation of natural gas; and (B) The installation, repair, maintenance, and renovation of all piping, fixtures, appurtenances, and appliances for a supply of water or for the disposal of waste water, liquid waste, or sewage within or adjacent to any building, structure, or conveyance on the premises and to the utility water meter or other public utility property or point-of-disposal waste; and

(A) All piping, fixtures, appurtenances, and appliances: (i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply; (ii) For sanitary drainage or storm drainage facilities, including venting systems for facilities, within or adjacent to any building, structure, or conveyance and connected with a public disposal or private disposal system or other point of disposal; or (iii) Used in the installation of natural gas; and

(i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply;

(ii) For sanitary drainage or storm drainage facilities, including venting systems for facilities, within or adjacent to any building, structure, or conveyance and connected with a public disposal or private disposal system or other point of disposal; or

(iii) Used in the installation of natural gas; and

(B) The installation, repair, maintenance, and renovation of all piping, fixtures, appurtenances, and appliances for a supply of water or for the disposal of waste water, liquid waste, or sewage within or adjacent to any building, structure, or conveyance on the premises and to the utility water meter or other public utility property or point-of-disposal waste; and

(10) "Restricted plumber" means a person qualified to install building water or sewer lines or other special phases of plumbing if the person has demonstrated competency for that particular phase of plumbing.

Amended by Act 2019, No. 315,§ 1437, eff. 7/24/2019.

Amended by Act 2017, No. 971,§ 1, eff. 8/1/2017.

Acts 1951, No. 200, § 1; 1973, No. 385, § 1; 1975, No. 902, § 1; A.S.A. 1947, § 71-1205; Acts 1987, No. 816, § 1; 2003, No. 1217, § 1.
Ark. Code Ann. § 17-12-204 — AR Code / Title 17 / Chapter 12 / Subchapter 2 / Section 17-12-204
Disposition of funds - Reports
Status: in_force

(a) All fees and other moneys received by the Arkansas State Board of Public Accountancy pursuant to the provisions of this chapter shall be kept in a separate fund and expended solely for the purposes of this chapter. No part of this special fund shall revert to the general funds of this state. The compensation provided by this chapter and all expenses incurred under this chapter shall be paid from this special fund. No compensation or expenses incurred under this chapter shall be a charge against the general funds of this state. (b) The board shall file an annual report of its activities with the Secretary of the Department of Labor and Licensing, and the report shall include a statement of all receipts and disbursements. Amended by Act 2019, No. 910,§ 5406, eff. 7/1/2019. Acts 1975, No. 160, § 2; 1979, No. 432, § 1; A.S.A. 1947, § 71-612.

(a) All fees and other moneys received by the Arkansas State Board of Public Accountancy pursuant to the provisions of this chapter shall be kept in a separate fund and expended solely for the purposes of this chapter. No part of this special fund shall revert to the general funds of this state. The compensation provided by this chapter and all expenses incurred under this chapter shall be paid from this special fund. No compensation or expenses incurred under this chapter shall be a charge against the general funds of this state.

(b) The board shall file an annual report of its activities with the Secretary of the Department of Labor and Licensing, and the report shall include a statement of all receipts and disbursements.

Amended by Act 2019, No. 910,§ 5406, eff. 7/1/2019.

Acts 1975, No. 160, § 2; 1979, No. 432, § 1; A.S.A. 1947, § 71-612.