Ark. Code Ann. § 17-96-204 — AR Code / Title 17 / Chapter 96 / Subchapter 2 / Section 17-96-204
Rules on podiatrist's authority to delegate
Status: in_force

(a) The Arkansas Board of Podiatric Medicine shall adopt rules that establish standards to be met and procedures to be followed by a podiatrist with respect to the podiatrist's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice. (b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating podiatrist is responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed podiatrist, licensed nurse, licensed podiatrist's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the podiatrist's supervision. (c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board. (d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the delegating podiatrist's offices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant. (e) The board shall not adopt rules that: (1) Authorize a podiatrist to transfer to a health professional other than another physician the podiatrist's responsibility for supervising a person who is performing a delegated medical practice; (2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual; (3) Authorize a podiatrist to delegate the administration of anesthesia; or (4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice. Acts 2009, No. 472, § 4.

(a) The Arkansas Board of Podiatric Medicine shall adopt rules that establish standards to be met and procedures to be followed by a podiatrist with respect to the podiatrist's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice.

(b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating podiatrist is responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed podiatrist, licensed nurse, licensed podiatrist's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the podiatrist's supervision.

(1) The delegating podiatrist is responsible for the acts of the employee performing the delegated practice;

(2) The employee performing the delegated practice shall not be represented to the public as a licensed podiatrist, licensed nurse, licensed podiatrist's assistant, or other licensed healthcare provider; and

(3) Medical practices delegated under this section shall be performed under the podiatrist's supervision.

(c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board.

(d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the delegating podiatrist's offices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant.

(1) The delegated administration of drugs only within the physical boundaries of the delegating podiatrist's offices;

(2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved;

(3) Training and competency requirements that shall be met by the person administering the drugs; and

(4) Other standards and procedures the board considers relevant.

(e) The board shall not adopt rules that: (1) Authorize a podiatrist to transfer to a health professional other than another physician the podiatrist's responsibility for supervising a person who is performing a delegated medical practice; (2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual; (3) Authorize a podiatrist to delegate the administration of anesthesia; or (4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

(1) Authorize a podiatrist to transfer to a health professional other than another physician the podiatrist's responsibility for supervising a person who is performing a delegated medical practice;

(2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual;

(3) Authorize a podiatrist to delegate the administration of anesthesia; or

(4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

Acts 2009, No. 472, § 4.
Ark. Code Ann. § 17-88-104 — AR Code / Title 17 / Chapter 88 / Subchapter 1 / Section 17-88-104
False oath or affirmation - Penalty
Status: in_force

(a) A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this chapter or who obtains or attempts to obtain registration by any fraudulent representation shall be guilty of a misdemeanor. (b) Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for a period of not less than one (1) month nor more than six (6) months, or be both fined and imprisoned. Acts 1977, No. 381, § 17; A.S.A. 1947, § 72-1917.

(a) A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this chapter or who obtains or attempts to obtain registration by any fraudulent representation shall be guilty of a misdemeanor.

(b) Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for a period of not less than one (1) month nor more than six (6) months, or be both fined and imprisoned.

Acts 1977, No. 381, § 17; A.S.A. 1947, § 72-1917.
Ark. Code Ann. § 17-95-308 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-308
Waiver
Status: in_force

(a) The requirements of § 17-95-307 may be waived by the Arkansas State Medical Board upon the request of: (1) An affected applicant for licensure; or (2) The person holding the license subject to revocation. (b) The board may consider the following circumstances when considering a waiver, including, but not limited to: (1) The age at which the crime was committed; (2) The circumstances surrounding the crime; (3) The length of time since the crime; (4) Subsequent work history; (5) Employment references; (6) Character references; and (7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety to the public. Acts 2005, No. 1249, § 1.

(a) The requirements of § 17-95-307 may be waived by the Arkansas State Medical Board upon the request of: (1) An affected applicant for licensure; or (2) The person holding the license subject to revocation.

(1) An affected applicant for licensure; or

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

(b) The board may consider the following circumstances when considering a waiver, including, but not limited to: (1) The age at which the crime was committed; (2) The circumstances surrounding the crime; (3) The length of time since the crime; (4) Subsequent work history; (5) Employment references; (6) Character references; and (7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety to the public.

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

(2) The circumstances surrounding the crime;

(3) The length of time since the crime;

(4) Subsequent work history;

(5) Employment references;

(6) Character references; and

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

Acts 2005, No. 1249, § 1.
Ark. Code Ann. § 17-90-102 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-102
Exemptions
Status: in_force

This chapter does not: (1) Apply to physicians and surgeons nor to persons who sell eyeglasses, spectacles, lenses, contact lenses, frames, mountings, or prisms at wholesale on individual prescriptions to optometrists, physicians, and surgeons; (2) Prohibit the sale of ready-made eyeglasses and spectacles when sold as merchandise at any established place of business where no attempt is made to practice optometry; or (3) Apply to the practice of optometry through a program in partnership with federal Innovative Readiness Training if the optometrist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia. Amended by Act 2017, No. 205,§ 5, eff. 8/1/2017. Acts 1941, No. 94, § 16; 1957, No. 102, § 7; A.S.A. 1947, § 72-819.

This chapter does not:

(1) Apply to physicians and surgeons nor to persons who sell eyeglasses, spectacles, lenses, contact lenses, frames, mountings, or prisms at wholesale on individual prescriptions to optometrists, physicians, and surgeons;

(2) Prohibit the sale of ready-made eyeglasses and spectacles when sold as merchandise at any established place of business where no attempt is made to practice optometry; or

(3) Apply to the practice of optometry through a program in partnership with federal Innovative Readiness Training if the optometrist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

Amended by Act 2017, No. 205,§ 5, eff. 8/1/2017.

Acts 1941, No. 94, § 16; 1957, No. 102, § 7; A.S.A. 1947, § 72-819.
Ark. Code Ann. § 17-47-303 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-303
Examinations
Status: in_force

(a) Examinations shall be held at times and places which the Arkansas Natural Resources Commission shall determine. (b) Examinations required on fundamental soil subjects may be taken at any time prescribed by the commission. (c) The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter. (d) A candidate failing one (1) examination may apply for reexamination which may be granted upon payment of a fee established by the commission of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). Amended by Act 2023, No. 691,§ 103, eff. 7/1/2023. Acts 1975, No. 460, § 11; A.S.A. 1947, § 71-2711.

(a) Examinations shall be held at times and places which the Arkansas Natural Resources Commission shall determine.

(b) Examinations required on fundamental soil subjects may be taken at any time prescribed by the commission.

(c) The final examinations may not be taken until the applicant has completed a period of soil classifying experience as provided in this chapter.

(d) A candidate failing one (1) examination may apply for reexamination which may be granted upon payment of a fee established by the commission of not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00).

Amended by Act 2023, No. 691,§ 103, eff. 7/1/2023.

Acts 1975, No. 460, § 11; A.S.A. 1947, § 71-2711.
Ark. Code Ann. § 17-25-504 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-504
Authority
Status: in_force

The Residential Contractors Committee may: (1) Issue, modify, suspend, and revoke licenses issued by the committee; (2) Establish qualifications for licenses issued by the committee; (3) Enforce this subchapter and the committee's rules; (4) Issue rules necessary for the implementation of this subchapter; (5) Levy civil penalties under this subchapter; (6) Issue orders of abatement in the same manner and to the same extent as authorized for the Contractors Licensing Board under § 17-25-103 ; and (7) Seek any other civil remedies which are available to the board. Acts 1999, No. 950, § 1; 2011, No. 1208, § 4.

The Residential Contractors Committee may:

(1) Issue, modify, suspend, and revoke licenses issued by the committee;

(2) Establish qualifications for licenses issued by the committee;

(3) Enforce this subchapter and the committee's rules;

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

(5) Levy civil penalties under this subchapter;

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

(7) Seek any other civil remedies which are available to the board.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 4.
Ark. Code Ann. § 17-26-207 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-207
Registration record
Status: in_force

The Department of Health shall keep a registration record containing the names, known places of business, and the date and number of the license of every licensed cosmetologist and of those engaged in the practice of any branch of cosmetology, together with the names and addresses of all cosmetological establishments and schools of cosmetology registered under this chapter. This record shall also contain such facts as the applicants may have stated in their applications for examination for permitting and licensing. Acts 1955, No. 358, Art. 1, § 9; 1968 (1st Ex. Sess.), No. 57, § 1; A.S.A. 1947, § 71-822; Acts 2007, No. 223, § 9; 2009, No. 4, § 3.

The Department of Health shall keep a registration record containing the names, known places of business, and the date and number of the license of every licensed cosmetologist and of those engaged in the practice of any branch of cosmetology, together with the names and addresses of all cosmetological establishments and schools of cosmetology registered under this chapter. This record shall also contain such facts as the applicants may have stated in their applications for examination for permitting and licensing.

Acts 1955, No. 358, Art. 1, § 9; 1968 (1st Ex. Sess.), No. 57, § 1; A.S.A. 1947, § 71-822; Acts 2007, No. 223, § 9; 2009, No. 4, § 3.
Ark. Code Ann. § 17-106-201 — AR Code / Title 17 / Chapter 106 / Subchapter 2 / Section 17-106-201
Radiologist assistant and radiology practitioner assistant - License required
Status: in_force

(a) The Arkansas State Medical Board shall grant a license to practice as a radiologist assistant and a radiology practitioner assistant to a qualified applicant who complies with the rules for licensure adopted under this subchapter. (b) An individual shall not practice as a radiologist assistant or a radiology practitioner assistant unless the person is licensed as a radiologist assistant or a radiology practitioner assistant by the board. Acts 2009, No. 1457, § 1.

(a) The Arkansas State Medical Board shall grant a license to practice as a radiologist assistant and a radiology practitioner assistant to a qualified applicant who complies with the rules for licensure adopted under this subchapter.

(b) An individual shall not practice as a radiologist assistant or a radiology practitioner assistant unless the person is licensed as a radiologist assistant or a radiology practitioner assistant by the board.

Acts 2009, No. 1457, § 1.
Ark. Code Ann. § 17-88-301 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-301
License required
Status: in_force

No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or to render occupational therapy services in the state unless he or she is licensed in accordance with the provisions in this chapter. Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.

No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or to render occupational therapy services in the state unless he or she is licensed in accordance with the provisions in this chapter.

Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.
Ark. Code Ann. § 17-15-307 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-307
Official seal
Status: in_force

(a) Upon registration, each registrant hereunder shall obtain a seal of such design as the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of, a registered architect shall be stamped with this seal during the life of the registrant's certificate. It shall be unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named thereon has expired or has been revoked unless the certificate shall have been renewed or reissued. (b) No official of this state, or of any county, city, town, or village, now or hereafter charged with the enforcement of laws, ordinances, rules, or regulations relating to the construction or alteration of buildings, shall accept or approve any plans or specifications which have not been prepared and submitted in full accord with all the provisions of this chapter. Nor shall any payment be approved by any public body for any work, the plans and specifications for which have not been so prepared and signed and sealed by the author. Amended by Act 2019, No. 315,§ 1347, eff. 7/24/2019. Acts 1941, No. 270, § 6[6A]; A.S.A. 1947, § 71-307.

(a) Upon registration, each registrant hereunder shall obtain a seal of such design as the Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall authorize and direct. Plans and specifications prepared by, or under the direct supervision of, a registered architect shall be stamped with this seal during the life of the registrant's certificate. It shall be unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named thereon has expired or has been revoked unless the certificate shall have been renewed or reissued.

(b) No official of this state, or of any county, city, town, or village, now or hereafter charged with the enforcement of laws, ordinances, rules, or regulations relating to the construction or alteration of buildings, shall accept or approve any plans or specifications which have not been prepared and submitted in full accord with all the provisions of this chapter. Nor shall any payment be approved by any public body for any work, the plans and specifications for which have not been so prepared and signed and sealed by the author.

Amended by Act 2019, No. 315,§ 1347, eff. 7/24/2019.

Acts 1941, No. 270, § 6[6A]; A.S.A. 1947, § 71-307.
Ark. Code Ann. § 17-92-402 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-402
Licensed pharmacist required
Status: in_force

(a) It shall be unlawful for any person not a licensed pharmacist within the meaning of this act to conduct any pharmacy or other facility subject to this subchapter for the purpose of retailing, compounding, dispensing medicines, or otherwise performing the practice of pharmacy as defined in § 17-92-101 in the State of Arkansas except as provided. (b) It shall be unlawful for the proprietor of a store or pharmacy or other facility subject to this chapter to allow any person other than a licensed pharmacist to compound or dispense the prescriptions of authorized practitioners except as an aid to and under the supervision of a licensed pharmacist as provided in this chapter. (c) However, any person who is not a licensed pharmacist may own or conduct a pharmacy or other facility as identified in § 17-92-403 if the owner keeps constantly in the pharmacy or other facility a licensed pharmacist subject to § 17-92-607 . (d) Any person violating the provisions of this act shall be guilty of a violation and upon conviction shall be liable to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100). Acts 1891, No. 50, §§ 1, 11, p. 80; C. & M. Dig., §§ 3667, 3677; Acts 1929, No. 72, §§ 2, 3; Pope's Dig., §§ 4603, 4613; A.S.A. 1947, §§ 72-1014, 72-1015; Acts 2001, No. 910, § 3; 2005, No. 1994, § 90.

(a) It shall be unlawful for any person not a licensed pharmacist within the meaning of this act to conduct any pharmacy or other facility subject to this subchapter for the purpose of retailing, compounding, dispensing medicines, or otherwise performing the practice of pharmacy as defined in § 17-92-101 in the State of Arkansas except as provided.

(b) It shall be unlawful for the proprietor of a store or pharmacy or other facility subject to this chapter to allow any person other than a licensed pharmacist to compound or dispense the prescriptions of authorized practitioners except as an aid to and under the supervision of a licensed pharmacist as provided in this chapter.

(c) However, any person who is not a licensed pharmacist may own or conduct a pharmacy or other facility as identified in § 17-92-403 if the owner keeps constantly in the pharmacy or other facility a licensed pharmacist subject to § 17-92-607 .

(d) Any person violating the provisions of this act shall be guilty of a violation and upon conviction shall be liable to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100).

Acts 1891, No. 50, §§ 1, 11, p. 80; C. & M. Dig., §§ 3667, 3677; Acts 1929, No. 72, §§ 2, 3; Pope's Dig., §§ 4603, 4613; A.S.A. 1947, §§ 72-1014, 72-1015; Acts 2001, No. 910, § 3; 2005, No. 1994, § 90.
Ark. Code Ann. § 17-47-311 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-311
Disciplinary actions - Grounds
Status: in_force

The Arkansas Natural Resources Commission shall have the power to suspend, refuse to renew, or revoke the certificate of registration of, or reprimand, any registrant who is guilty of: (1) Fraud or deceit in obtaining a certificate of registration; (2) Gross negligence, incompetence, or misconduct in the practice of soil classifying; (3) A felony listed under § 17-3-102 ; or (4) A violation of the code of ethics adopted and promulgated by the commission. Amended by Act 2023, No. 691,§ 113, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 52, eff. 7/24/2019. Acts 1975, No. 460, § 16; A.S.A. 1947, § 71-2716.

The Arkansas Natural Resources Commission shall have the power to suspend, refuse to renew, or revoke the certificate of registration of, or reprimand, any registrant who is guilty of:

(1) Fraud or deceit in obtaining a certificate of registration;

(2) Gross negligence, incompetence, or misconduct in the practice of soil classifying;

(3) A felony listed under § 17-3-102 ; or

(4) A violation of the code of ethics adopted and promulgated by the commission.

Amended by Act 2023, No. 691,§ 113, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 52, eff. 7/24/2019.

Acts 1975, No. 460, § 16; A.S.A. 1947, § 71-2716.
Ark. Code Ann. § 17-27-104 — AR Code / Title 17 / Chapter 27 / Subchapter 1 / Section 17-27-104
Prohibitions - Penalties
Status: in_force

(a) (1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of: (A) For a first offense, a Class A misdemeanor; and (B) For a second or subsequent offense, a Class D felony. (2) (A) Each violation and conviction shall be deemed a separate offense. (B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded. (3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (B) Court costs; (C) Reasonable attorney's fees; (D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (E) Exemplary or punitive damages in an amount determined by the fact finder. (b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in § 17-27-102 unless those services are performed or supervised by individuals fully and validly licensed under this chapter. Acts 1979, No. 593, § 15; A.S.A. 1947, § 71-5215; Acts 1997, No. 244, § 1; 2009, No. 1298, § 1.

(a) (1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of: (A) For a first offense, a Class A misdemeanor; and (B) For a second or subsequent offense, a Class D felony. (2) (A) Each violation and conviction shall be deemed a separate offense. (B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded. (3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (B) Court costs; (C) Reasonable attorney's fees; (D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (E) Exemplary or punitive damages in an amount determined by the fact finder.

(1) A person who holds himself or herself out to the public as being engaged in the practice of counseling or marriage and family therapy as defined in § 17-27-102 or represents himself or herself by the title "licensed professional counselor", "licensed associate counselor", "licensed marriage and family therapist", or "licensed associate marriage and family therapist" and shall not then possess in full force and effect a valid license to practice counseling under this chapter is guilty of: (A) For a first offense, a Class A misdemeanor; and (B) For a second or subsequent offense, a Class D felony.

(A) For a first offense, a Class A misdemeanor; and

(B) For a second or subsequent offense, a Class D felony.

(2) (A) Each violation and conviction shall be deemed a separate offense. (B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded.

(A) Each violation and conviction shall be deemed a separate offense.

(B) Notwithstanding the limits imposed for a Class A misdemeanor or a Class D felony as appropriate, if the defendant has derived pecuniary gain in the form of client fees received for services in violation of this chapter, the fees will be refunded.

(3) In addition to the criminal penalties provided under this section and in addition to any other laws under which a person may obtain relief, a person aggrieved or damaged by a violation of this section has a civil cause of action against the defendant for injunctive and other curative relief and may also recover: (A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation; (B) Court costs; (C) Reasonable attorney's fees; (D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and (E) Exemplary or punitive damages in an amount determined by the fact finder.

(A) The greater of ten thousand dollars ($10,000) or the actual damages caused by the violation;

(B) Court costs;

(C) Reasonable attorney's fees;

(D) Costs and expenses reasonably related to the expenses of investigating and bringing the civil action; and

(E) Exemplary or punitive damages in an amount determined by the fact finder.

(b) No firm, partnership, or corporation may offer to the public or other firms, partnerships, or corporations any counseling services as specified in § 17-27-102 unless those services are performed or supervised by individuals fully and validly licensed under this chapter.

Acts 1979, No. 593, § 15; A.S.A. 1947, § 71-5215; Acts 1997, No. 244, § 1; 2009, No. 1298, § 1.
Ark. Code Ann. § 17-103-307 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-307
Criminal background checks
Status: in_force

(a) Each applicant for a license issued by the Arkansas Social Work Licensing Board is required to apply for a state and national criminal background check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation. (b) The criminal background check shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant. (e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 . (f) (1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative or the person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the division. (g) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (h) Rights of privilege and confidentiality established in this section do not extend to any document created for purposes other than the criminal background check. (i) The board shall adopt the necessary rules to fully implement the provisions of this section. Amended by Act 2019, No. 990,§ 128, eff. 7/24/2019. Amended by Act 2017, No. 664,§ 15, eff. 8/1/2017. Amended by Act 2017, No. 664,§ 16, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 22, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 21, eff. 8/1/2017. Amended by Act 2015, No. 1170,§ 6, eff. 7/22/2015. Acts 1999, No. 1122, § 1; 2003, No. 1087, § 17; 2003, No. 1384, § 1; 2005, No. 1923, § 4; 2011, No. 570, § 123.

(a) Each applicant for a license issued by the Arkansas Social Work Licensing Board is required to apply for a state and national criminal background check, to be conducted by the Division of Arkansas State Police and the Federal Bureau of Investigation.

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

(c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check.

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

(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 .

(f) (1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative or the person whose license is subject to revocation or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the division.

(1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by the affected applicant for licensure or his or her authorized representative or the person whose license is subject to revocation or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the division.

(g) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.

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

(i) The board shall adopt the necessary rules to fully implement the provisions of this section.

Amended by Act 2019, No. 990,§ 128, eff. 7/24/2019.

Amended by Act 2017, No. 664,§ 15, eff. 8/1/2017.

Amended by Act 2017, No. 664,§ 16, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 22, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 21, eff. 8/1/2017.

Amended by Act 2015, No. 1170,§ 6, eff. 7/22/2015.

Acts 1999, No. 1122, § 1; 2003, No. 1087, § 17; 2003, No. 1384, § 1; 2005, No. 1923, § 4; 2011, No. 570, § 123.
Ark. Code Ann. § 17-22-303 — AR Code / Title 17 / Chapter 22 / Subchapter 3 / Section 17-22-303
License required - Penalty for unlicensed activity
Status: in_force

(a) No person shall participate in or engage in the promotion of a combative sports match or exhibition in this state without first having obtained a license from the State Athletic Commission. (b) No person shall participate in a combative sports match or exhibition in this state as a manager, matchmaker, referee, judge, physician, or timekeeper, without first having obtained a license from the commission. (c) Any person mentioned in subsection (a) or subsection (b) of this section who does not first obtain a license from the commission before participating in a combative sports match or exhibition shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). (d) A venue, entity, or person who knowingly assists in making an unlicensed combative sports match or exhibition occur shall be subject to the penalties under subsection (c) of this section. Amended by Act 2013, No. 1096,§ 8, eff. 8/16/2013. Acts 1927, No. 131, § 8; 1929, No. 27, § 1; Pope's Dig., § 12068; A.S.A. 1947, §§ 84-2901, 84-2909; Acts 1993, No. 1277, § 3; 1999, No. 1085, § 6; 2009, No. 781, § 7.

(a) No person shall participate in or engage in the promotion of a combative sports match or exhibition in this state without first having obtained a license from the State Athletic Commission.

(b) No person shall participate in a combative sports match or exhibition in this state as a manager, matchmaker, referee, judge, physician, or timekeeper, without first having obtained a license from the commission.

(c) Any person mentioned in subsection (a) or subsection (b) of this section who does not first obtain a license from the commission before participating in a combative sports match or exhibition shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500).

(d) A venue, entity, or person who knowingly assists in making an unlicensed combative sports match or exhibition occur shall be subject to the penalties under subsection (c) of this section.

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

Acts 1927, No. 131, § 8; 1929, No. 27, § 1; Pope's Dig., § 12068; A.S.A. 1947, §§ 84-2901, 84-2909; Acts 1993, No. 1277, § 3; 1999, No. 1085, § 6; 2009, No. 781, § 7.
Ark. Code Ann. § 17-52-313 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-313
Disposition of funds
Status: in_force

(a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall receive, disburse, and account for all income paid to or received by the State Board of Appraisers, Abstracters, and Home Inspectors. (2) The executive director shall institute a system of books and financial records satisfactory to the Secretary of the Department of Finance and Administration. (3) (A) All fees collected on behalf of the board and all receipts of every kind and nature shall be paid into the State Treasury and shall be credited to the Arkansas Home Inspectors Registration Fund. (B) The Arkansas Home Inspectors Registration Fund shall be for the general uses of the board, and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this subchapter. (C) Expenditures from the Arkansas Home Inspectors Registration Fund shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand is made by the Department of Finance and Administration. (4) The executive director shall deposit all funds of the board that he or she receives with the State Treasury within forty-eight (48) hours, excluding holidays and Sundays, after he or she receives the funds. (b) All fines collected for the violation of any provisions of this subchapter shall be paid over to the board to be used by it in the same manner as funds received for the issuance of registration. (c) The total amount of warrants issued by the board or Auditor of State in payment of the expenses and compensation provided in this subchapter shall not exceed the amount of the application, registration, and other fees collected. (d) (1) Any surplus funds at the end of the fiscal year may be retained by the board for future expenditures. (2) The board shall not be required to pay any surplus into the General Revenue Fund Account of the State Apportionment Fund. Amended by Act 2023, No. 628,§ 59, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 58, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 3426, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3425, eff. 7/1/2019. Acts 2003, No. 1328, § 1.

(a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall receive, disburse, and account for all income paid to or received by the State Board of Appraisers, Abstracters, and Home Inspectors. (2) The executive director shall institute a system of books and financial records satisfactory to the Secretary of the Department of Finance and Administration. (3) (A) All fees collected on behalf of the board and all receipts of every kind and nature shall be paid into the State Treasury and shall be credited to the Arkansas Home Inspectors Registration Fund. (B) The Arkansas Home Inspectors Registration Fund shall be for the general uses of the board, and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this subchapter. (C) Expenditures from the Arkansas Home Inspectors Registration Fund shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand is made by the Department of Finance and Administration. (4) The executive director shall deposit all funds of the board that he or she receives with the State Treasury within forty-eight (48) hours, excluding holidays and Sundays, after he or she receives the funds.

(1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall receive, disburse, and account for all income paid to or received by the State Board of Appraisers, Abstracters, and Home Inspectors.

(2) The executive director shall institute a system of books and financial records satisfactory to the Secretary of the Department of Finance and Administration.

(3) (A) All fees collected on behalf of the board and all receipts of every kind and nature shall be paid into the State Treasury and shall be credited to the Arkansas Home Inspectors Registration Fund. (B) The Arkansas Home Inspectors Registration Fund shall be for the general uses of the board, and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this subchapter. (C) Expenditures from the Arkansas Home Inspectors Registration Fund shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand is made by the Department of Finance and Administration.

(A) All fees collected on behalf of the board and all receipts of every kind and nature shall be paid into the State Treasury and shall be credited to the Arkansas Home Inspectors Registration Fund.

(B) The Arkansas Home Inspectors Registration Fund shall be for the general uses of the board, and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this subchapter.

(C) Expenditures from the Arkansas Home Inspectors Registration Fund shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand is made by the Department of Finance and Administration.

(4) The executive director shall deposit all funds of the board that he or she receives with the State Treasury within forty-eight (48) hours, excluding holidays and Sundays, after he or she receives the funds.

(b) All fines collected for the violation of any provisions of this subchapter shall be paid over to the board to be used by it in the same manner as funds received for the issuance of registration.

(c) The total amount of warrants issued by the board or Auditor of State in payment of the expenses and compensation provided in this subchapter shall not exceed the amount of the application, registration, and other fees collected.

(d) (1) Any surplus funds at the end of the fiscal year may be retained by the board for future expenditures. (2) The board shall not be required to pay any surplus into the General Revenue Fund Account of the State Apportionment Fund.

(1) Any surplus funds at the end of the fiscal year may be retained by the board for future expenditures.

(2) The board shall not be required to pay any surplus into the General Revenue Fund Account of the State Apportionment Fund.

Amended by Act 2023, No. 628,§ 59, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 58, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 3426, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3425, eff. 7/1/2019.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-95-905 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-905
Scope of authority
Status: in_force

(a) (1) A graduate registered physician may provide healthcare services with physician supervision. (2) The supervising physician shall be identified on all prescriptions and orders. (3) A graduate registered physician may perform those duties and responsibilities, including the prescribing, ordering, and administering of drugs and medical devices that are delegated by his or her supervising physician. (b) A graduate registered physician shall be considered the agent of his or her supervising physician in the performance of all practice-related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services. (c) A graduate registered physician may perform healthcare services in a setting authorized by the supervising physician in accordance with any applicable facility policy. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

(a) (1) A graduate registered physician may provide healthcare services with physician supervision. (2) The supervising physician shall be identified on all prescriptions and orders. (3) A graduate registered physician may perform those duties and responsibilities, including the prescribing, ordering, and administering of drugs and medical devices that are delegated by his or her supervising physician.

(1) A graduate registered physician may provide healthcare services with physician supervision.

(2) The supervising physician shall be identified on all prescriptions and orders.

(3) A graduate registered physician may perform those duties and responsibilities, including the prescribing, ordering, and administering of drugs and medical devices that are delegated by his or her supervising physician.

(b) A graduate registered physician shall be considered the agent of his or her supervising physician in the performance of all practice-related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services.

(c) A graduate registered physician may perform healthcare services in a setting authorized by the supervising physician in accordance with any applicable facility policy.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-50-407 — AR Code / Title 17 / Chapter 50 / Subchapter 4 / Section 17-50-407
Application of proceeds from sale
Status: in_force

(a) The proceeds of any sale under § 17-50-406 shall be applied as follows: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property; (3) To payment of the costs incurred by the court; (4) To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Arkansas Natural Resources Commission in investigating and developing the case; and (5) The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited. (b) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture under § 17-50-404 , the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the law enforcement agency portion of the property among the law enforcement agencies. Amended by Act 2023, No. 691,§ 142, eff. 7/1/2023. Acts 2003, No. 855, § 1.

(a) The proceeds of any sale under § 17-50-406 shall be applied as follows: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property; (3) To payment of the costs incurred by the court; (4) To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Arkansas Natural Resources Commission in investigating and developing the case; and (5) The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited.

(1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings;

(2) To payment of the costs incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property;

(3) To payment of the costs incurred by the court;

(4) To payment of the costs incurred by the prosecuting attorney or attorney for the law enforcement agency to which the property is forfeited or to the Arkansas Natural Resources Commission in investigating and developing the case; and

(5) The remaining proceeds shall be equally divided between the commission to be used in furtherance of the commission's activities and the law enforcement agency to which the property is forfeited.

(b) If more than one (1) law enforcement agency is substantially involved in effecting a forfeiture under § 17-50-404 , the circuit court having jurisdiction over the forfeiture proceeding shall equitably distribute the law enforcement agency portion of the property among the law enforcement agencies.

Amended by Act 2023, No. 691,§ 142, eff. 7/1/2023.

Acts 2003, No. 855, § 1.
Ark. Code Ann. § 17-25-507 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-507
Applicant qualifications
Status: in_force

(a) In determining the qualifications of any applicant for original license or any renewal license, the Residential Contractors Committee shall consider, among other things, the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Any other fact tending to show ability and willingness to conserve the public health and safety; and (6) Default in complying with the provisions of this subchapter or any other law of the state. (b) The committee may limit a license issued by the committee to the character of work for which the applicant is qualified to perform. (c) In addition to the offenses listed in § 17-3-102 , the committee may consider the following offenses when determining fitness for licensure or registration of a contractor under this subchapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration. Amended by Act 2019, No. 990,§ 28, eff. 7/24/2019. Acts 1999, No. 950, § 1; 2011, No. 1208, § 7.

(a) In determining the qualifications of any applicant for original license or any renewal license, the Residential Contractors Committee shall consider, among other things, the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Any other fact tending to show ability and willingness to conserve the public health and safety; and (6) Default in complying with the provisions of this subchapter or any other law of the state.

(1) Experience;

(2) Ability;

(3) The manner of performance of previous contracts;

(4) Financial condition;

(5) Any other fact tending to show ability and willingness to conserve the public health and safety; and

(6) Default in complying with the provisions of this subchapter or any other law of the state.

(b) The committee may limit a license issued by the committee to the character of work for which the applicant is qualified to perform.

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

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

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

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

(4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.

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

(B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.

Amended by Act 2019, No. 990,§ 28, eff. 7/24/2019.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 7.
Ark. Code Ann. § 17-82-707 — AR Code / Title 17 / Chapter 82 / Subchapter 7 / Section 17-82-707
Malpractice insurance
Status: in_force

A collaborative dental hygienist who provides services permitted under this subchapter shall be insured under a malpractice liability policy for the provision of the services. Acts 2011, No. 89, § 1.

A collaborative dental hygienist who provides services permitted under this subchapter shall be insured under a malpractice liability policy for the provision of the services.

Acts 2011, No. 89, § 1.
Ark. Code Ann. § 17-36-102 — AR Code / Title 17 / Chapter 36 / Subchapter 1 / Section 17-36-102
Definitions
Status: in_force

(a) As used in this chapter and in § 17-15-201 et seq.: (1) (A) "Landscape architecture" means: (i) Any service or other work, the adequate performance of which requires landscape architectural education, training, and experience; (ii) The performance of professional services such as consultation, investigation, reconnaissance, research, associated planning, design, preparation of drawings, specifications, and contract documents, and responsible supervision or construction management in connection with the development of land areas or water features where, and to the extent that, the dominant purpose of such services is landscape development, preservation, and enhancement, or determination of land uses, natural land features, and functional and aesthetic values; (iii) The determination, location, and construction of aesthetically pleasing and functional approaches and settings for features in the landscape, plantings, landscape irrigation, landscape lighting layout, landscape grading, and landscape drainage; (iv) Environmental planning; and (v) The design of tangible objects and features necessary to the purpose outlined herein. (B) "Landscape architecture" does not include the design of buildings, structures, or facilities ordinarily included in the practice of architecture or engineering; and (2) "Landscape designer" means a person who makes plans or drawings for the selection, placement, or use of plants when the execution of such plans or drawings does not affect the public health, safety, or welfare. (b) The title "landscape architect" shall be used by and shall apply only to a person who is licensed under the authority of this chapter. (c) This chapter shall not be construed to: (1) Implicitly amend the definition of "practice of engineering" in § 17-30-101 or otherwise limit the scope of the practice of engineering by engineers registered with the State Board of Licensure for Professional Engineers and Professional Surveyors; or (2) Implicitly amend the definition of "practice of architecture" in § 17-15-102 or otherwise limit the scope of the practice of architecture by architects registered and licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. Acts 1975, No. 353, § 2; A.S.A. 1947, § 71-2902; Acts 2001, No. 617, § 1; 2009, No. 1367, § 16.

(a) As used in this chapter and in § 17-15-201 et seq.: (1) (A) "Landscape architecture" means: (i) Any service or other work, the adequate performance of which requires landscape architectural education, training, and experience; (ii) The performance of professional services such as consultation, investigation, reconnaissance, research, associated planning, design, preparation of drawings, specifications, and contract documents, and responsible supervision or construction management in connection with the development of land areas or water features where, and to the extent that, the dominant purpose of such services is landscape development, preservation, and enhancement, or determination of land uses, natural land features, and functional and aesthetic values; (iii) The determination, location, and construction of aesthetically pleasing and functional approaches and settings for features in the landscape, plantings, landscape irrigation, landscape lighting layout, landscape grading, and landscape drainage; (iv) Environmental planning; and (v) The design of tangible objects and features necessary to the purpose outlined herein. (B) "Landscape architecture" does not include the design of buildings, structures, or facilities ordinarily included in the practice of architecture or engineering; and (2) "Landscape designer" means a person who makes plans or drawings for the selection, placement, or use of plants when the execution of such plans or drawings does not affect the public health, safety, or welfare.

(1) (A) "Landscape architecture" means: (i) Any service or other work, the adequate performance of which requires landscape architectural education, training, and experience; (ii) The performance of professional services such as consultation, investigation, reconnaissance, research, associated planning, design, preparation of drawings, specifications, and contract documents, and responsible supervision or construction management in connection with the development of land areas or water features where, and to the extent that, the dominant purpose of such services is landscape development, preservation, and enhancement, or determination of land uses, natural land features, and functional and aesthetic values; (iii) The determination, location, and construction of aesthetically pleasing and functional approaches and settings for features in the landscape, plantings, landscape irrigation, landscape lighting layout, landscape grading, and landscape drainage; (iv) Environmental planning; and (v) The design of tangible objects and features necessary to the purpose outlined herein. (B) "Landscape architecture" does not include the design of buildings, structures, or facilities ordinarily included in the practice of architecture or engineering; and

(A) "Landscape architecture" means: (i) Any service or other work, the adequate performance of which requires landscape architectural education, training, and experience; (ii) The performance of professional services such as consultation, investigation, reconnaissance, research, associated planning, design, preparation of drawings, specifications, and contract documents, and responsible supervision or construction management in connection with the development of land areas or water features where, and to the extent that, the dominant purpose of such services is landscape development, preservation, and enhancement, or determination of land uses, natural land features, and functional and aesthetic values; (iii) The determination, location, and construction of aesthetically pleasing and functional approaches and settings for features in the landscape, plantings, landscape irrigation, landscape lighting layout, landscape grading, and landscape drainage; (iv) Environmental planning; and (v) The design of tangible objects and features necessary to the purpose outlined herein.

(i) Any service or other work, the adequate performance of which requires landscape architectural education, training, and experience;

(ii) The performance of professional services such as consultation, investigation, reconnaissance, research, associated planning, design, preparation of drawings, specifications, and contract documents, and responsible supervision or construction management in connection with the development of land areas or water features where, and to the extent that, the dominant purpose of such services is landscape development, preservation, and enhancement, or determination of land uses, natural land features, and functional and aesthetic values;

(iii) The determination, location, and construction of aesthetically pleasing and functional approaches and settings for features in the landscape, plantings, landscape irrigation, landscape lighting layout, landscape grading, and landscape drainage;

(iv) Environmental planning; and

(v) The design of tangible objects and features necessary to the purpose outlined herein.

(B) "Landscape architecture" does not include the design of buildings, structures, or facilities ordinarily included in the practice of architecture or engineering; and

(2) "Landscape designer" means a person who makes plans or drawings for the selection, placement, or use of plants when the execution of such plans or drawings does not affect the public health, safety, or welfare.

(b) The title "landscape architect" shall be used by and shall apply only to a person who is licensed under the authority of this chapter.

(c) This chapter shall not be construed to: (1) Implicitly amend the definition of "practice of engineering" in § 17-30-101 or otherwise limit the scope of the practice of engineering by engineers registered with the State Board of Licensure for Professional Engineers and Professional Surveyors; or (2) Implicitly amend the definition of "practice of architecture" in § 17-15-102 or otherwise limit the scope of the practice of architecture by architects registered and licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(1) Implicitly amend the definition of "practice of engineering" in § 17-30-101 or otherwise limit the scope of the practice of engineering by engineers registered with the State Board of Licensure for Professional Engineers and Professional Surveyors; or

(2) Implicitly amend the definition of "practice of architecture" in § 17-15-102 or otherwise limit the scope of the practice of architecture by architects registered and licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

Acts 1975, No. 353, § 2; A.S.A. 1947, § 71-2902; Acts 2001, No. 617, § 1; 2009, No. 1367, § 16.
Ark. Code Ann. § 17-16-114 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-114
Prohibited conduct
Status: in_force

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) give any materially false or misleading information or make a materially false promise or representation; (2) furnish a good or service of value or arrange for a good or service of value to be furnished to a student-athlete before the student-athlete enters into the agency contract; or (3) furnish a good or service of value or arrange for a good or service of value to be furnished to any individual other than the student-athlete or another registered athlete agent. (b) An athlete agent may not intentionally: (1) initiate contact with a student-athlete unless registered under this subchapter; (2) refuse or fail to retain or permit inspection of the records required to be retained by § 17-16-113 ; (3) fail to register when required by § 17-16-104 ; (4) provide materially false or misleading information in an application for registration or renewal of registration; (5) predate or postdate an agency contract; or (6) fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport. Acts 2001, No. 1622, § 12; 2011, No. 204, § 4.

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (1) give any materially false or misleading information or make a materially false promise or representation; (2) furnish a good or service of value or arrange for a good or service of value to be furnished to a student-athlete before the student-athlete enters into the agency contract; or (3) furnish a good or service of value or arrange for a good or service of value to be furnished to any individual other than the student-athlete or another registered athlete agent.

(1) give any materially false or misleading information or make a materially false promise or representation;

(2) furnish a good or service of value or arrange for a good or service of value to be furnished to a student-athlete before the student-athlete enters into the agency contract; or

(3) furnish a good or service of value or arrange for a good or service of value to be furnished to any individual other than the student-athlete or another registered athlete agent.

(b) An athlete agent may not intentionally: (1) initiate contact with a student-athlete unless registered under this subchapter; (2) refuse or fail to retain or permit inspection of the records required to be retained by § 17-16-113 ; (3) fail to register when required by § 17-16-104 ; (4) provide materially false or misleading information in an application for registration or renewal of registration; (5) predate or postdate an agency contract; or (6) fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.

(1) initiate contact with a student-athlete unless registered under this subchapter;

(2) refuse or fail to retain or permit inspection of the records required to be retained by § 17-16-113 ;

(3) fail to register when required by § 17-16-104 ;

(4) provide materially false or misleading information in an application for registration or renewal of registration;

(5) predate or postdate an agency contract; or

(6) fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.

Acts 2001, No. 1622, § 12; 2011, No. 204, § 4.
Ark. Code Ann. § 17-80-115 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-115
Jewelry eye implants
Status: in_force

(a) Except as provided in subsection (b) of this section, no person shall implant jewelry into the mucous membrane of the eye of another person. (b) The Arkansas State Medical Board may authorize and regulate the practice of implanting jewelry into the mucous membrane of an eye. Acts 2005, No. 1688, § 2.

(a) Except as provided in subsection (b) of this section, no person shall implant jewelry into the mucous membrane of the eye of another person.

(b) The Arkansas State Medical Board may authorize and regulate the practice of implanting jewelry into the mucous membrane of an eye.

Acts 2005, No. 1688, § 2.
Ark. Code Ann. § 17-92-301 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-301
License required
Status: in_force

(a) No person shall perform any of the acts constituting the practice of pharmacy unless the person is: (1) A licensed pharmacist; (2) A student or graduate of a recognized college of pharmacy serving an internship under an internship program established and regulated by the Arkansas State Board of Pharmacy; (3) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or (4) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder. (b) No person other than a licensed pharmacist shall use the term "doctor of pharmacy" or "Pharm.D". Amended by Act 2019, No. 315,§ 1573, eff. 7/24/2019. Acts 1971, No. 26, § 2; 1983, No. 511, § 14; A.S.A. 1947, § 72-1045; Acts 1991, No. 740, § 7; 1993, No. 769, § 4; 1999, No. 105, § 12.

(a) No person shall perform any of the acts constituting the practice of pharmacy unless the person is: (1) A licensed pharmacist; (2) A student or graduate of a recognized college of pharmacy serving an internship under an internship program established and regulated by the Arkansas State Board of Pharmacy; (3) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or (4) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder.

(1) A licensed pharmacist;

(2) A student or graduate of a recognized college of pharmacy serving an internship under an internship program established and regulated by the Arkansas State Board of Pharmacy;

(3) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or

(4) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder.

(b) No person other than a licensed pharmacist shall use the term "doctor of pharmacy" or "Pharm.D".

Amended by Act 2019, No. 315,§ 1573, eff. 7/24/2019.

Acts 1971, No. 26, § 2; 1983, No. 511, § 14; A.S.A. 1947, § 72-1045; Acts 1991, No. 740, § 7; 1993, No. 769, § 4; 1999, No. 105, § 12.
Ark. Code Ann. § 17-23-204 — AR Code / Title 17 / Chapter 23 / Subchapter 2 / Section 17-23-204
Melt-down bullion
Status: in_force

When a proposed transaction involves the buying of precious metal bulk bullion which appears to have been the result of a melt-down of a former article containing a precious metal, the buyer must first inquire as to what was the source of the item before the melt-down and must notify the Department of Arkansas State Police or the office of the county sheriff or municipal police department and obtain permission from that law enforcement agency before consummating any agreement. Acts 1981, No. 87, § 3; 1983, No. 374, § 2; A.S.A. 1947, § 71-5403.

When a proposed transaction involves the buying of precious metal bulk bullion which appears to have been the result of a melt-down of a former article containing a precious metal, the buyer must first inquire as to what was the source of the item before the melt-down and must notify the Department of Arkansas State Police or the office of the county sheriff or municipal police department and obtain permission from that law enforcement agency before consummating any agreement.

Acts 1981, No. 87, § 3; 1983, No. 374, § 2; A.S.A. 1947, § 71-5403.
Ark. Code Ann. § 17-88-305 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-305
Reciprocity
Status: in_force

(a) A licensed occupational therapist who has been issued a license to practice occupational therapy in another state or territory whose requirements for registration and licensure were equal at the time of his or her registration to the requirements in this chapter may be registered and issued a license by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board. (b) The issuance of a license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide such rules governing admission as it may deem necessary or desirable. (c) Any occupational therapist or occupational therapy assistant who has been certified by the Accreditation Council of Occupational Therapy Education and who has been in continuous practice for the past five (5) years and who comes to Arkansas from a state presently not granting reciprocity or from a state not requiring licensing shall be eligible for licensing in Arkansas. Amended by Act 2019, No. 315,§ 1546, eff. 7/24/2019. Amended by Act 2019, No. 265,§ 2, eff. 7/24/2019. Acts 1977, No. 381, § 12; A.S.A. 1947, § 72-1912.

(a) A licensed occupational therapist who has been issued a license to practice occupational therapy in another state or territory whose requirements for registration and licensure were equal at the time of his or her registration to the requirements in this chapter may be registered and issued a license by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board.

(b) The issuance of a license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide such rules governing admission as it may deem necessary or desirable.

(c) Any occupational therapist or occupational therapy assistant who has been certified by the Accreditation Council of Occupational Therapy Education and who has been in continuous practice for the past five (5) years and who comes to Arkansas from a state presently not granting reciprocity or from a state not requiring licensing shall be eligible for licensing in Arkansas.

Amended by Act 2019, No. 315,§ 1546, eff. 7/24/2019.

Amended by Act 2019, No. 265,§ 2, eff. 7/24/2019.

Acts 1977, No. 381, § 12; A.S.A. 1947, § 72-1912.
Ark. Code Ann. § 17-17-301 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-301
Qualifications - Examination
Status: in_force

(a) Auctioneer licenses shall be granted only to persons who are found to be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public. (b) The Auctioneer's Licensing Board is authorized to require information from every applicant to determine the applicant's honesty and truthfulness. (c) (1) In addition to proof of honesty, truthfulness, and good reputation, an examination conducted by the board or its authorized representatives shall be held four (4) times each year, and an examination fee of one hundred dollars ($100) shall be collected from each applicant to defray the expenses of the examination. (2) The examination shall include questions on ethics, reading, writing, spelling, elementary arithmetic, and a general knowledge of the laws of Arkansas and the Arkansas Code, including, but not limited to, contracts of sale, agency, leases, auctions brokerage, and the provisions of the Uniform Commercial Code, § 4-1-101 et seq. (d) In addition to the other qualifications provided for by this chapter, every applicant for an auctioneer's license shall be at least eighteen (18) years of age. Every application for a license shall be submitted on forms prepared by the board. Acts 1989, No. 266, § 7; 1993, No. 1219, § 3; 2003, No. 1748, § 2.

(a) Auctioneer licenses shall be granted only to persons who are found to be of good reputation, trustworthy, and competent to transact the business of an auctioneer, in such a manner as to safeguard the interest of the public.

(b) The Auctioneer's Licensing Board is authorized to require information from every applicant to determine the applicant's honesty and truthfulness.

(c) (1) In addition to proof of honesty, truthfulness, and good reputation, an examination conducted by the board or its authorized representatives shall be held four (4) times each year, and an examination fee of one hundred dollars ($100) shall be collected from each applicant to defray the expenses of the examination. (2) The examination shall include questions on ethics, reading, writing, spelling, elementary arithmetic, and a general knowledge of the laws of Arkansas and the Arkansas Code, including, but not limited to, contracts of sale, agency, leases, auctions brokerage, and the provisions of the Uniform Commercial Code, § 4-1-101 et seq.

(1) In addition to proof of honesty, truthfulness, and good reputation, an examination conducted by the board or its authorized representatives shall be held four (4) times each year, and an examination fee of one hundred dollars ($100) shall be collected from each applicant to defray the expenses of the examination.

(2) The examination shall include questions on ethics, reading, writing, spelling, elementary arithmetic, and a general knowledge of the laws of Arkansas and the Arkansas Code, including, but not limited to, contracts of sale, agency, leases, auctions brokerage, and the provisions of the Uniform Commercial Code, § 4-1-101 et seq.

(d) In addition to the other qualifications provided for by this chapter, every applicant for an auctioneer's license shall be at least eighteen (18) years of age. Every application for a license shall be submitted on forms prepared by the board.

Acts 1989, No. 266, § 7; 1993, No. 1219, § 3; 2003, No. 1748, § 2.
Ark. Code Ann. § 17-40-301 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-301
Unlawful acts
Status: in_force

(a) Except as provided under § 17-40-325 , it is unlawful for a person to knowingly: (1) Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter; (2) Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter; (3) Engage in an operation outside the scope of the person's license or credential; or (4) Perform any service that requires a license, credential, or commission under this subchapter without having first been issued that license, credential, or commission. (b) A credential holder or a licensee or an officer, director, partner, manager, or employee of a licensee shall not knowingly make a false report to his or her employer or client for whom information was being obtained. (c) (1) A credential holder, licensee, manager, or agent authorized by one (1) or both the licensee or manager shall have the sole responsibility of knowingly submitting a written investigative report to a client. (2) The person submitting the written investigative report shall exercise due diligence in ascertaining the truth and accuracy of the information in the report. (d) A credential holder, or a licensee or officer, director, partner, manager, or employee of a licensee, except a full-time police officer, shall not knowingly use a title, wear a uniform, use an insignia, use an identification, or make any statement with the intent to give the impression that the person is connected in any way with the United States Government, a state government, county government, city government, or any political subdivision of a state government. (e) It is unlawful for a person to misrepresent that he or she is employed by a credential holder or a licensee. (f) (1) It is unlawful for a state, county, or municipal government or political subdivision of a state, county, or municipal government to install, service, maintain, monitor, operate, sell, or lease as lessor a burglar alarm, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within the county or municipality. (2) This section does not prohibit a county or municipal government from installing, servicing, maintaining, or operating a burglar alarm or fire alarm system on property owned or leased by a county or municipal government. (3) This subsection does not apply to an entity authorized to provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services under § 23-17-409(b)(2) . (g) A person shall not program an automatic dialing device to call a law enforcement agency, fire department, emergency health service, or a state, city, or county agency without the prior approval of the Director of the Division of Arkansas State Police. (h) A credential holder or a licensee shall not contract or subcontract with an unlicensed person or uncredentialed individual to perform a service that requires a credential or a license under this chapter. (i) A person licensed only as a security services contractor shall not engage in an investigation unless the investigation is incidental to the theft, loss, embezzlement, misappropriation, or concealment of property that the person has been hired or engaged to protect. (j) A person shall not employ an individual as a private security officer and knowingly authorize or permit him or her to carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued the private security officer a security officer commission. (k) An individual employed as a private security officer shall not knowingly carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued him or her a security officer commission. (l) A person shall not knowingly hire or employ an individual as a private security officer and an individual shall not accept employment as a private security officer if the employment requires the private security officer to carry a firearm in the course and scope of his or her duties, unless the private security officer is a commissioned security officer. Amended by Act 2019, No. 910,§ 5969, eff. 7/1/2019. Amended by Act 2016EX3, No. 11,§ 1, eff. 5/23/2016. Amended by Act 2016EX3, No. 10,§ 1, eff. 5/23/2016. Amended by Act 2015, No. 393,§ 57, eff. 9/1/2015. Subchapter heading amended by Act 2015, No. 393,§ 56, eff. 9/1/2015. Acts 1977, No. 429, §§ 13, 25; 1979, No. 907, § 15; 1981, No. 792, § 12; 1983, No. 899, § 7; A.S.A. 1947, §§ 71-2134, 71-2146; Acts 1989, No. 926, § 4; 1991, No. 786, § 23; 1999, No. 1493, § 5.

(a) Except as provided under § 17-40-325 , it is unlawful for a person to knowingly: (1) Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter; (2) Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter; (3) Engage in an operation outside the scope of the person's license or credential; or (4) Perform any service that requires a license, credential, or commission under this subchapter without having first been issued that license, credential, or commission.

(1) Perform any service as a private investigator unless the person has obtained a credential to perform the services of a private investigator under this chapter;

(2) Perform any service as or engage in the business or business activity of a security services contractor or alarm systems company unless the person has obtained a license as a securities services contractor or alarm systems company under this chapter;

(3) Engage in an operation outside the scope of the person's license or credential; or

(4) Perform any service that requires a license, credential, or commission under this subchapter without having first been issued that license, credential, or commission.

(b) A credential holder or a licensee or an officer, director, partner, manager, or employee of a licensee shall not knowingly make a false report to his or her employer or client for whom information was being obtained.

(c) (1) A credential holder, licensee, manager, or agent authorized by one (1) or both the licensee or manager shall have the sole responsibility of knowingly submitting a written investigative report to a client. (2) The person submitting the written investigative report shall exercise due diligence in ascertaining the truth and accuracy of the information in the report.

(1) A credential holder, licensee, manager, or agent authorized by one (1) or both the licensee or manager shall have the sole responsibility of knowingly submitting a written investigative report to a client.

(2) The person submitting the written investigative report shall exercise due diligence in ascertaining the truth and accuracy of the information in the report.

(d) A credential holder, or a licensee or officer, director, partner, manager, or employee of a licensee, except a full-time police officer, shall not knowingly use a title, wear a uniform, use an insignia, use an identification, or make any statement with the intent to give the impression that the person is connected in any way with the United States Government, a state government, county government, city government, or any political subdivision of a state government.

(e) It is unlawful for a person to misrepresent that he or she is employed by a credential holder or a licensee.

(f) (1) It is unlawful for a state, county, or municipal government or political subdivision of a state, county, or municipal government to install, service, maintain, monitor, operate, sell, or lease as lessor a burglar alarm, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within the county or municipality. (2) This section does not prohibit a county or municipal government from installing, servicing, maintaining, or operating a burglar alarm or fire alarm system on property owned or leased by a county or municipal government. (3) This subsection does not apply to an entity authorized to provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services under § 23-17-409(b)(2) .

(1) It is unlawful for a state, county, or municipal government or political subdivision of a state, county, or municipal government to install, service, maintain, monitor, operate, sell, or lease as lessor a burglar alarm, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within the county or municipality.

(2) This section does not prohibit a county or municipal government from installing, servicing, maintaining, or operating a burglar alarm or fire alarm system on property owned or leased by a county or municipal government.

(3) This subsection does not apply to an entity authorized to provide, directly or indirectly, voice, data, broadband, video, or wireless telecommunications services under § 23-17-409(b)(2) .

(g) A person shall not program an automatic dialing device to call a law enforcement agency, fire department, emergency health service, or a state, city, or county agency without the prior approval of the Director of the Division of Arkansas State Police.

(h) A credential holder or a licensee shall not contract or subcontract with an unlicensed person or uncredentialed individual to perform a service that requires a credential or a license under this chapter.

(i) A person licensed only as a security services contractor shall not engage in an investigation unless the investigation is incidental to the theft, loss, embezzlement, misappropriation, or concealment of property that the person has been hired or engaged to protect.

(j) A person shall not employ an individual as a private security officer and knowingly authorize or permit him or her to carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued the private security officer a security officer commission.

(k) An individual employed as a private security officer shall not knowingly carry a firearm during the course of performing his or her duties as a private security officer if the Director of the Division of Arkansas State Police has not issued him or her a security officer commission.

(l) A person shall not knowingly hire or employ an individual as a private security officer and an individual shall not accept employment as a private security officer if the employment requires the private security officer to carry a firearm in the course and scope of his or her duties, unless the private security officer is a commissioned security officer.

Amended by Act 2019, No. 910,§ 5969, eff. 7/1/2019.

Amended by Act 2016EX3, No. 11,§ 1, eff. 5/23/2016.

Amended by Act 2016EX3, No. 10,§ 1, eff. 5/23/2016.

Amended by Act 2015, No. 393,§ 57, eff. 9/1/2015.

Subchapter heading amended by Act 2015, No. 393,§ 56, eff. 9/1/2015.

Acts 1977, No. 429, §§ 13, 25; 1979, No. 907, § 15; 1981, No. 792, § 12; 1983, No. 899, § 7; A.S.A. 1947, §§ 71-2134, 71-2146; Acts 1989, No. 926, § 4; 1991, No. 786, § 23; 1999, No. 1493, § 5.
Ark. Code Ann. § 17-88-302 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-302
Qualifications of applicants
Status: in_force

Each applicant must meet the following conditions: (1) The applicant must be an individual at least eighteen (18) years of age; (2) [Repealed.] (3) (A) The applicant must have successfully completed the academic requirements of an educational program in occupational therapy with concentration in biological or physical science, psychology, and sociology, and with education in selected manual skills. (B) For an occupational therapist, the program shall be accredited by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of a bachelor's or master's level degree or advanced standing certificate in occupational therapy. (C) For an occupational therapy assistant, the program shall be approved by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of an associate level degree in occupational therapy; (4) The applicant must have successfully completed a period of supervised field work experience at a recognized educational institution where he or she met the following academic requirements: (A) For an occupational therapist, a minimum of six (6) months of supervised field work experience is required; or (B) For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience at an approved facility other than the one at which the person was previously employed, if applicable, is required; and (5) The applicant must have passed an examination conducted by the Arkansas State Medical Board as provided in § 17-88-304 . Amended by Act 2019, No. 990,§ 78, eff. 7/24/2019. Amended by Act 2019, No. 265,§ 1, eff. 7/24/2019. Acts 1977, No. 381, § 7; A.S.A. 1947, § 72-1907; Acts 1993, No. 1219, § 16.

Each applicant must meet the following conditions:

(1) The applicant must be an individual at least eighteen (18) years of age;

(2) [Repealed.]

(3) (A) The applicant must have successfully completed the academic requirements of an educational program in occupational therapy with concentration in biological or physical science, psychology, and sociology, and with education in selected manual skills. (B) For an occupational therapist, the program shall be accredited by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of a bachelor's or master's level degree or advanced standing certificate in occupational therapy. (C) For an occupational therapy assistant, the program shall be approved by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of an associate level degree in occupational therapy;

(A) The applicant must have successfully completed the academic requirements of an educational program in occupational therapy with concentration in biological or physical science, psychology, and sociology, and with education in selected manual skills.

(B) For an occupational therapist, the program shall be accredited by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of a bachelor's or master's level degree or advanced standing certificate in occupational therapy.

(C) For an occupational therapy assistant, the program shall be approved by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of an associate level degree in occupational therapy;

(4) The applicant must have successfully completed a period of supervised field work experience at a recognized educational institution where he or she met the following academic requirements: (A) For an occupational therapist, a minimum of six (6) months of supervised field work experience is required; or (B) For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience at an approved facility other than the one at which the person was previously employed, if applicable, is required; and

(A) For an occupational therapist, a minimum of six (6) months of supervised field work experience is required; or

(B) For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience at an approved facility other than the one at which the person was previously employed, if applicable, is required; and

(5) The applicant must have passed an examination conducted by the Arkansas State Medical Board as provided in § 17-88-304 .

Amended by Act 2019, No. 990,§ 78, eff. 7/24/2019.

Amended by Act 2019, No. 265,§ 1, eff. 7/24/2019.

Acts 1977, No. 381, § 7; A.S.A. 1947, § 72-1907; Acts 1993, No. 1219, § 16.
Ark. Code Ann. § 17-48-302 — AR Code / Title 17 / Chapter 48 / Subchapter 3 / Section 17-48-302
Definition
Status: in_force

As used in this subchapter, "surveyor" means a person: (1) Who is a registered surveyor licensed to practice in the State of Arkansas by permanent registration number or by special permit; (2) Employed in surveying by the United States Government, by the State of Arkansas, or by a local government agency; and (3) Who is under the direct supervision of or is employed by a person who is a surveyor under subdivision (1) or subdivision (2) of this section. Acts 1991, No. 862, § 2.

As used in this subchapter, "surveyor" means a person:

(1) Who is a registered surveyor licensed to practice in the State of Arkansas by permanent registration number or by special permit;

(2) Employed in surveying by the United States Government, by the State of Arkansas, or by a local government agency; and

(3) Who is under the direct supervision of or is employed by a person who is a surveyor under subdivision (1) or subdivision (2) of this section.

Acts 1991, No. 862, § 2.
Ark. Code Ann. § 17-37-101 — AR Code / Title 17 / Chapter 37 / Subchapter 1 / Section 17-37-101
Title
Status: in_force

This chapter shall be known by the short title of "Arkansas Pest Control Law". Acts 1975, No. 488, § 1; A.S.A. 1947, § 77-1801.

This chapter shall be known by the short title of "Arkansas Pest Control Law".

Acts 1975, No. 488, § 1; A.S.A. 1947, § 77-1801.
Ark. Code Ann. § 17-87-204 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-204
Deposit of funds
Status: in_force

All funds received by the Arkansas State Board of Nursing shall be deposited into the State Treasury to the credit of the board. Acts 1971, No. 432, § 14; 1979, No. 404, § 4; A.S.A. 1947, § 72-758.

All funds received by the Arkansas State Board of Nursing shall be deposited into the State Treasury to the credit of the board.

Acts 1971, No. 432, § 14; 1979, No. 404, § 4; A.S.A. 1947, § 72-758.
Ark. Code Ann. § 17-20-422 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-422
Application for examination
Status: in_force

Each applicant for an examination shall: (1) Make application to the State Board of Barber Examiners at least ten (10) business days before the examination date and submit proof under the applicant's oath of the particular qualifications of the applicant, including the certification by school officials of the number of hours attended; and (2) Pay the required fee to the board as provided by law. Amended by Act 2017, No. 1060,§ 29, eff. 8/1/2017. Acts 1961, No. 109, § 7; A.S.A. 1947, § 71-529.

Each applicant for an examination shall:

(1) Make application to the State Board of Barber Examiners at least ten (10) business days before the examination date and submit proof under the applicant's oath of the particular qualifications of the applicant, including the certification by school officials of the number of hours attended; and

(2) Pay the required fee to the board as provided by law.

Amended by Act 2017, No. 1060,§ 29, eff. 8/1/2017.

Acts 1961, No. 109, § 7; A.S.A. 1947, § 71-529.
Ark. Code Ann. § 17-35-601 — AR Code / Title 17 / Chapter 35 / Subchapter 6 / Section 17-35-601
Title
Status: in_force

This subchapter, §§ 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 may be cited as the "Arkansas Residential Interior Designers Title Registration Act". Acts 1993, No. 959, § 1.

This subchapter, §§ 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 may be cited as the "Arkansas Residential Interior Designers Title Registration Act".

Acts 1993, No. 959, § 1.
Ark. Code Ann. § 17-99-203 — AR Code / Title 17 / Chapter 99 / Subchapter 2 / Section 17-99-203
Arkansas State Respiratory Care Examining Committee
Status: in_force

(a) There is created the Arkansas State Respiratory Care Examining Committee to assist the Arkansas State Medical Board in carrying out the provisions of this chapter. (b) The committee shall consist of five (5) members appointed by the Governor for a term of three (3) years: (1) (A) One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board; (2) (A) One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board; and (3) (A) Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc. (c) (1) The committee shall meet with the board at its regular meetings and assist in conducting all examinations and shall have the power to call special meetings at such times as it deems necessary. (2) A majority of the committee shall have the power to call a special meeting. Amended by Act 2015, No. 1100,§ 42, eff. 7/22/2015. Acts 1969, No. 168, §§ 3, 5; A.S.A. 1947, §§ 72-1603, 72-1605; Acts 1987, No. 952, § 3; 1995, No. 1094, § 3.

(a) There is created the Arkansas State Respiratory Care Examining Committee to assist the Arkansas State Medical Board in carrying out the provisions of this chapter.

(b) The committee shall consist of five (5) members appointed by the Governor for a term of three (3) years: (1) (A) One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board; (2) (A) One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board; and (3) (A) Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc.

(1) (A) One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board;

(A) One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate.

(B) The Governor shall appoint that member after consulting the board;

(2) (A) One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint that member after consulting the board; and

(A) One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate.

(B) The Governor shall appoint that member after consulting the board; and

(3) (A) Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate. (B) The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc.

(A) Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate.

(B) The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc.

(c) (1) The committee shall meet with the board at its regular meetings and assist in conducting all examinations and shall have the power to call special meetings at such times as it deems necessary. (2) A majority of the committee shall have the power to call a special meeting.

(1) The committee shall meet with the board at its regular meetings and assist in conducting all examinations and shall have the power to call special meetings at such times as it deems necessary.

(2) A majority of the committee shall have the power to call a special meeting.

Amended by Act 2015, No. 1100,§ 42, eff. 7/22/2015.

Acts 1969, No. 168, §§ 3, 5; A.S.A. 1947, §§ 72-1603, 72-1605; Acts 1987, No. 952, § 3; 1995, No. 1094, § 3.
Ark. Code Ann. § 17-105-122 — AR Code / Title 17 / Chapter 105 / Section 17-105-122
Physician assistant patient care orders
Status: in_force

(a) Patient care orders generated by a physician assistant shall be construed as having the same medical, health, and legal force and effect as if the orders were generated by the physician assistant's supervising physician. (b) The orders shall be complied with and carried out as if the orders had been issued by the physician assistant's supervising physician. Amended by Act 2021, No. 634,§ 16, eff. 7/28/2021. Acts 1999, No. 851, § 22.

(a) Patient care orders generated by a physician assistant shall be construed as having the same medical, health, and legal force and effect as if the orders were generated by the physician assistant's supervising physician.

(b) The orders shall be complied with and carried out as if the orders had been issued by the physician assistant's supervising physician.

Amended by Act 2021, No. 634,§ 16, eff. 7/28/2021.

Acts 1999, No. 851, § 22.
Ark. Code Ann. § 17-93-413 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-413
Revocation, suspension, or denial - Proceedings
Status: in_force

(a) Any person whose application for a license or for renewal of a license is denied is entitled to a hearing, which shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) (1) Proceedings for revocation or suspension of a license shall be commenced by filing charges with the Arkansas State Board of Athletic Training in writing. (2) The charge may be brought by any person. (c) The board shall fix the time and place of the hearing and shall provide a written copy of the charges or reason for the denial of the license or for the refusal to renew the license, together with a notice of the time and place fixed for the hearing, to be served on the applicant requesting the hearing or license against whom the charges have been filed at least thirty (30) days before the date set for the hearing. Acts 1995, No. 1279, § 13.

(a) Any person whose application for a license or for renewal of a license is denied is entitled to a hearing, which shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) (1) Proceedings for revocation or suspension of a license shall be commenced by filing charges with the Arkansas State Board of Athletic Training in writing. (2) The charge may be brought by any person.

(1) Proceedings for revocation or suspension of a license shall be commenced by filing charges with the Arkansas State Board of Athletic Training in writing.

(2) The charge may be brought by any person.

(c) The board shall fix the time and place of the hearing and shall provide a written copy of the charges or reason for the denial of the license or for the refusal to renew the license, together with a notice of the time and place fixed for the hearing, to be served on the applicant requesting the hearing or license against whom the charges have been filed at least thirty (30) days before the date set for the hearing.

Acts 1995, No. 1279, § 13.
Ark. Code Ann. § 17-82-702 — AR Code / Title 17 / Chapter 82 / Subchapter 7 / Section 17-82-702
Permits - Fees
Status: in_force

(a) (1) A dental hygienist licensed by the Arkansas State Board of Dental Examiners is eligible for a Collaborative Care Permit I if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand two hundred (1,200) clinical hours; or (B) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license. (2) A dental hygienist licensed by the board is eligible for a Collaborative Care Permit II if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand eight hundred (1,800) clinical hours; or (B) (i) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license; and (ii) Completed a six-hour continuing-education dental course. (3) A dentist licensed by the board is eligible for a Collaborative Dental Care Permit. (b) (1) (A) The board may charge a fee to a dentist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the dentist's practice to determine his or her compliance with rules adopted under this subchapter. (2) (A) The board may charge a fee to a registered dental hygienist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the registered dental hygienist's practice to determine his or her compliance with rules adopted under this subchapter. (3) (A) A dentist or registered dental hygienist who holds a collaborative dental care permit shall renew the permit at the same time as a dentist's or registered dental hygienist's permit shall expire. (B) (i) The board may charge a renewal fee for administering the renewal of the permit. (ii) The board shall calculate the fee to cover the costs of administering and processing the renewal of the permit. Acts 2011, No. 89, § 1.

(a) (1) A dental hygienist licensed by the Arkansas State Board of Dental Examiners is eligible for a Collaborative Care Permit I if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand two hundred (1,200) clinical hours; or (B) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license. (2) A dental hygienist licensed by the board is eligible for a Collaborative Care Permit II if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand eight hundred (1,800) clinical hours; or (B) (i) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license; and (ii) Completed a six-hour continuing-education dental course. (3) A dentist licensed by the board is eligible for a Collaborative Dental Care Permit.

(1) A dental hygienist licensed by the Arkansas State Board of Dental Examiners is eligible for a Collaborative Care Permit I if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand two hundred (1,200) clinical hours; or (B) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license.

(A) Practiced as a dental hygienist for one thousand two hundred (1,200) clinical hours; or

(B) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license.

(2) A dental hygienist licensed by the board is eligible for a Collaborative Care Permit II if the dental hygienist has: (A) Practiced as a dental hygienist for one thousand eight hundred (1,800) clinical hours; or (B) (i) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license; and (ii) Completed a six-hour continuing-education dental course.

(A) Practiced as a dental hygienist for one thousand eight hundred (1,800) clinical hours; or

(B) (i) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license; and (ii) Completed a six-hour continuing-education dental course.

(i) Taught for two (2) academic years over the course of the immediately preceding three (3) academic years courses in which a person enrolls to obtain necessary academic credentials for a dental hygienist license; and

(ii) Completed a six-hour continuing-education dental course.

(3) A dentist licensed by the board is eligible for a Collaborative Dental Care Permit.

(b) (1) (A) The board may charge a fee to a dentist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the dentist's practice to determine his or her compliance with rules adopted under this subchapter. (2) (A) The board may charge a fee to a registered dental hygienist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the registered dental hygienist's practice to determine his or her compliance with rules adopted under this subchapter. (3) (A) A dentist or registered dental hygienist who holds a collaborative dental care permit shall renew the permit at the same time as a dentist's or registered dental hygienist's permit shall expire. (B) (i) The board may charge a renewal fee for administering the renewal of the permit. (ii) The board shall calculate the fee to cover the costs of administering and processing the renewal of the permit.

(1) (A) The board may charge a fee to a dentist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the dentist's practice to determine his or her compliance with rules adopted under this subchapter.

(A) The board may charge a fee to a dentist who applies for a collaborative dental care permit.

(B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the dentist's practice to determine his or her compliance with rules adopted under this subchapter.

(2) (A) The board may charge a fee to a registered dental hygienist who applies for a collaborative dental care permit. (B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the registered dental hygienist's practice to determine his or her compliance with rules adopted under this subchapter.

(A) The board may charge a fee to a registered dental hygienist who applies for a collaborative dental care permit.

(B) The board shall calculate the fee to cover the costs of administering and processing the application and the costs of inspecting the registered dental hygienist's practice to determine his or her compliance with rules adopted under this subchapter.

(3) (A) A dentist or registered dental hygienist who holds a collaborative dental care permit shall renew the permit at the same time as a dentist's or registered dental hygienist's permit shall expire. (B) (i) The board may charge a renewal fee for administering the renewal of the permit. (ii) The board shall calculate the fee to cover the costs of administering and processing the renewal of the permit.

(A) A dentist or registered dental hygienist who holds a collaborative dental care permit shall renew the permit at the same time as a dentist's or registered dental hygienist's permit shall expire.

(B) (i) The board may charge a renewal fee for administering the renewal of the permit. (ii) The board shall calculate the fee to cover the costs of administering and processing the renewal of the permit.

(i) The board may charge a renewal fee for administering the renewal of the permit.

(ii) The board shall calculate the fee to cover the costs of administering and processing the renewal of the permit.

Acts 2011, No. 89, § 1.
Ark. Code Ann. § 17-25-302 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-302
Limitations
Status: in_force

The Contractors Licensing Board shall have power to limit by proper classification the license or registration to the character of work for which the applicant is qualified. Amended by Act 2019, No. 805,§ 8, eff. 7/1/2020. Acts 1965, No. 150, § 10; A.S.A. 1947, § 71-710; Acts 1999, No. 43, § 3.

The Contractors Licensing Board shall have power to limit by proper classification the license or registration to the character of work for which the applicant is qualified.

Amended by Act 2019, No. 805,§ 8, eff. 7/1/2020.

Acts 1965, No. 150, § 10; A.S.A. 1947, § 71-710; Acts 1999, No. 43, § 3.
Ark. Code Ann. § 17-29-312 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-312
Suspension or revocation - Procedure
Status: in_force

(a) If the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has reason to believe that a person to whom a license has been issued has become unfit to practice as an embalmer or funeral director or has violated any of the provisions of this subchapter and § 23-61-1101 et seq., or any rules prescribed, or whenever written complaint charging the holder of a license with the violation of any provision of this subchapter or § 23-61-1101 et seq. is filed with the board, the board shall start an investigation within thirty (30) days of the receipt of the complaint. (b) If from such an investigation it shall appear to the board that there is reasonable ground for belief that the accused may have been guilty of the violations charged, a time and place shall be set by the board for a hearing to determine whether or not the license of the accused shall be suspended or revoked. Any member of the board shall have the right to administer oaths to witnesses. The hearing and appeals therefrom shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) No action to suspend, revoke, or cancel any license shall be taken by the board until the accused has been furnished with a statement of the charges against him or her and by whom he or she is charged and a notice of the time and place of hearing. Amended by Act 2017, No. 788,§ 21, eff. 7/1/2018. Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911.

(a) If the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services has reason to believe that a person to whom a license has been issued has become unfit to practice as an embalmer or funeral director or has violated any of the provisions of this subchapter and § 23-61-1101 et seq., or any rules prescribed, or whenever written complaint charging the holder of a license with the violation of any provision of this subchapter or § 23-61-1101 et seq. is filed with the board, the board shall start an investigation within thirty (30) days of the receipt of the complaint.

(b) If from such an investigation it shall appear to the board that there is reasonable ground for belief that the accused may have been guilty of the violations charged, a time and place shall be set by the board for a hearing to determine whether or not the license of the accused shall be suspended or revoked. Any member of the board shall have the right to administer oaths to witnesses. The hearing and appeals therefrom shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) No action to suspend, revoke, or cancel any license shall be taken by the board until the accused has been furnished with a statement of the charges against him or her and by whom he or she is charged and a notice of the time and place of hearing.

Amended by Act 2017, No. 788,§ 21, eff. 7/1/2018.

Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911.
Ark. Code Ann. § 17-40-329 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-329
Issuance of credential photo identification card - Transfer and fee - Cancellation
Status: in_force

(a) (1) A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter. (2) The credential photo identification card shall display: (A) The name of the credential holder; (B) A photograph of the credential holder; (C) A credential number and date of expiration; and (D) The name of the entity by whom the credential holder is employed. (b) The credential of each person, private security officer, alarm systems technician, alarm systems monitor, alarm systems apprentice, credentialed private investigator, or alarm systems agent expires two (2) years from the date of issuance and is valid irrespective of the credential holder's employer. (c) When an individual to whom a credential has been issued terminates his or her position, he or she shall return the credential photo identification card to the licensee immediately upon termination. (d) When an individual to whom a credential has been issued changes employment from one licensee to another licensee, the new manager shall notify the director immediately in writing and pay a transfer fee. (e) Within seven (7) days after the licensee has received the identification card of a credentialed employee who has terminated his or her position, the licensee shall mail or deliver the credential photo identification card to the director for cancellation, along with a letter from the licensee stating: (1) The date the credentialed employee terminated his or her position; (2) That the licensee received the credential photo identification card of the credentialed employee who has terminated his or her position; and (3) The cause for which or the conditions under which the credentialed employee terminated his or her position. Amended by Act 2019, No. 910,§ 5987, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 77, eff. 9/1/2015. Acts 1977, No. 429, §§ 29, 30; 1979, No. 907, § 18; 1981, No. 792, § 13; 1983, No. 899, § 9; A.S.A. 1947, §§ 71-2150, 71-2151; Acts 1989, No. 926, § 14; 1995, No. 430, § 3; 1999, No. 1493, § 13; 2005, No. 2237, § 10.

(a) (1) A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter. (2) The credential photo identification card shall display: (A) The name of the credential holder; (B) A photograph of the credential holder; (C) A credential number and date of expiration; and (D) The name of the entity by whom the credential holder is employed.

(1) A credential photo identification card of a size, a design, and content as may be determined by the Director of the Division of Arkansas State Police shall be issued by the Division of Arkansas State Police under this chapter.

(2) The credential photo identification card shall display: (A) The name of the credential holder; (B) A photograph of the credential holder; (C) A credential number and date of expiration; and (D) The name of the entity by whom the credential holder is employed.

(A) The name of the credential holder;

(B) A photograph of the credential holder;

(C) A credential number and date of expiration; and

(D) The name of the entity by whom the credential holder is employed.

(b) The credential of each person, private security officer, alarm systems technician, alarm systems monitor, alarm systems apprentice, credentialed private investigator, or alarm systems agent expires two (2) years from the date of issuance and is valid irrespective of the credential holder's employer.

(c) When an individual to whom a credential has been issued terminates his or her position, he or she shall return the credential photo identification card to the licensee immediately upon termination.

(d) When an individual to whom a credential has been issued changes employment from one licensee to another licensee, the new manager shall notify the director immediately in writing and pay a transfer fee.

(e) Within seven (7) days after the licensee has received the identification card of a credentialed employee who has terminated his or her position, the licensee shall mail or deliver the credential photo identification card to the director for cancellation, along with a letter from the licensee stating: (1) The date the credentialed employee terminated his or her position; (2) That the licensee received the credential photo identification card of the credentialed employee who has terminated his or her position; and (3) The cause for which or the conditions under which the credentialed employee terminated his or her position.

(1) The date the credentialed employee terminated his or her position;

(2) That the licensee received the credential photo identification card of the credentialed employee who has terminated his or her position; and

(3) The cause for which or the conditions under which the credentialed employee terminated his or her position.

Amended by Act 2019, No. 910,§ 5987, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 77, eff. 9/1/2015.

Acts 1977, No. 429, §§ 29, 30; 1979, No. 907, § 18; 1981, No. 792, § 13; 1983, No. 899, § 9; A.S.A. 1947, §§ 71-2150, 71-2151; Acts 1989, No. 926, § 14; 1995, No. 430, § 3; 1999, No. 1493, § 13; 2005, No. 2237, § 10.
Ark. Code Ann. § 17-24-105 — AR Code / Title 17 / Chapter 24 / Subchapter 1 / Section 17-24-105
Remedies
Status: in_force

When any person, partnership, corporation, or association engages in the business activities of a collection agency without a valid license issued under this chapter or has had the license revoked, suspended, or refused, in accordance with the provisions of this chapter, the State Board of Collection Agencies may petition the circuit court in the jurisdiction in which the collection activity has occurred and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person, partnership, corporation, or association from operating the collection agency. Amended by Act 2019, No. 386,§ 10, eff. 7/24/2019. Acts 1993, No. 1245, § 3.

When any person, partnership, corporation, or association engages in the business activities of a collection agency without a valid license issued under this chapter or has had the license revoked, suspended, or refused, in accordance with the provisions of this chapter, the State Board of Collection Agencies may petition the circuit court in the jurisdiction in which the collection activity has occurred and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person, partnership, corporation, or association from operating the collection agency.

Amended by Act 2019, No. 386,§ 10, eff. 7/24/2019.

Acts 1993, No. 1245, § 3.
Ark. Code Ann. § 17-82-101 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-101
Short title
Status: in_force

This chapter may be known and cited as the "Arkansas Dental Practice Act". Acts 1955, No. 14, § 1; A.S.A. 1947, § 72-534.

This chapter may be known and cited as the "Arkansas Dental Practice Act".

Acts 1955, No. 14, § 1; A.S.A. 1947, § 72-534.
Ark. Code Ann. § 17-82-403 — AR Code / Title 17 / Chapter 82 / Subchapter 4 / Section 17-82-403
Permit required
Status: in_force

No person shall perform the expanded duties of a dental assistant as defined by the Arkansas State Board of Dental Examiners in the rules of the board without a permit. Amended by Act 2019, No. 315,§ 1520, eff. 7/24/2019. Acts 1985, No. 473, § 2; A.S.A. 1947, § 72-572.

No person shall perform the expanded duties of a dental assistant as defined by the Arkansas State Board of Dental Examiners in the rules of the board without a permit.

Amended by Act 2019, No. 315,§ 1520, eff. 7/24/2019.

Acts 1985, No. 473, § 2; A.S.A. 1947, § 72-572.
Ark. Code Ann. § 17-55-105 — AR Code / Title 17 / Chapter 55 / Section 17-55-105
Authority to charge fees for continuing education
Status: in_force

(a) The Department of Labor and Licensing may charge fees for continuing education classes that it conducts or sponsors for electrical inspectors. (b) Fees under subsection (a) of this section shall be established by rule of the Board of Electrical Examiners of the State of Arkansas. Amended by Act 2019, No. 910,§ 5445, eff. 7/1/2019. Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.

(a) The Department of Labor and Licensing may charge fees for continuing education classes that it conducts or sponsors for electrical inspectors.

(b) Fees under subsection (a) of this section shall be established by rule of the Board of Electrical Examiners of the State of Arkansas.

Amended by Act 2019, No. 910,§ 5445, eff. 7/1/2019.

Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 17-14-305 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-305
Compliance with uniform standards and code of ethics - Seals - Licensing and certification documents
Status: in_force

(a) (1) Each state-registered appraiser, each state-licensed appraiser, each registered apprentice appraiser, and each state-certified appraiser shall comply with the Uniform Standards of Professional Appraisal Practice and code of ethics adopted by the State Board of Appraisers, Abstracters, and Home Inspectors and shall authenticate all written appraisal reports with a seal that shall indicate the registration, license, or certification number. (2) The seal and number shall also be used in all statements of qualifications, contracts, or other instruments used by the registration, license, or certificate holder when reference is made to his or her status as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser. (b) Registration, license, and certificate documents, licenses, certificates, seals, and pocket cards shall remain the property of the state, and, upon any suspension, revocation, or other termination of a registration, license, or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., the individual holding the related documents shall immediately return the documents to the board. Amended by Act 2023, No. 628,§ 31, eff. 7/1/2023. Amended by Act 2019, No. 514,§ 12, eff. 7/24/2019. Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 1993, No. 413, § 5; 2001, No. 1256, § 13; 2009, No. 628, § 17.

(a) (1) Each state-registered appraiser, each state-licensed appraiser, each registered apprentice appraiser, and each state-certified appraiser shall comply with the Uniform Standards of Professional Appraisal Practice and code of ethics adopted by the State Board of Appraisers, Abstracters, and Home Inspectors and shall authenticate all written appraisal reports with a seal that shall indicate the registration, license, or certification number. (2) The seal and number shall also be used in all statements of qualifications, contracts, or other instruments used by the registration, license, or certificate holder when reference is made to his or her status as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser.

(1) Each state-registered appraiser, each state-licensed appraiser, each registered apprentice appraiser, and each state-certified appraiser shall comply with the Uniform Standards of Professional Appraisal Practice and code of ethics adopted by the State Board of Appraisers, Abstracters, and Home Inspectors and shall authenticate all written appraisal reports with a seal that shall indicate the registration, license, or certification number.

(2) The seal and number shall also be used in all statements of qualifications, contracts, or other instruments used by the registration, license, or certificate holder when reference is made to his or her status as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser.

(b) Registration, license, and certificate documents, licenses, certificates, seals, and pocket cards shall remain the property of the state, and, upon any suspension, revocation, or other termination of a registration, license, or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., the individual holding the related documents shall immediately return the documents to the board.

Amended by Act 2023, No. 628,§ 31, eff. 7/1/2023.

Amended by Act 2019, No. 514,§ 12, eff. 7/24/2019.

Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 1993, No. 413, § 5; 2001, No. 1256, § 13; 2009, No. 628, § 17.
Ark. Code Ann. § 17-42-507 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-507
Disposition of funds
Status: in_force

Except as otherwise provided in this subchapter, the fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission under this subchapter are to be to be deposited into the Arkansas Real Estate Commission Fund and spent under § 17-42-204 . Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23.

Except as otherwise provided in this subchapter, the fees, charges, fines, and penalties collected by the Arkansas Real Estate Commission under this subchapter are to be to be deposited into the Arkansas Real Estate Commission Fund and spent under § 17-42-204 .

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

Acts 1993, No. 690, § 23.
Ark. Code Ann. § 17-17-104 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-104
Applicability - Exception
Status: in_force

This chapter does not apply to: (1) Sales at an auction conducted by or under the direction of a public authority or pursuant to a judicial order or decree or to a sale by law required to be at auction; (2) An auction conducted by or for a nonprofit organization; (3) (A) An individual who offers his or her own goods for auction. (B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods; (4) A livestock auction barn auctioneer; (5) An auction conducted over the internet by means of a website dedicated primarily to conducting auctions if: (A) The person conducting the auction is licensed as a used motor vehicle dealer; and (B) The property auctioned is within the scope of the license; or (6) The owner of an e-commerce website or online marketplace that facilitates or provides consumer-to-consumer or business-to-consumer sales through the website or online marketplace and provides buyer and seller protections to the participants. Amended by Act 2023, No. 677,§ 3, eff. 8/1/2023. Acts 1989, No. 266, § 4; 2009, No. 183, § 1.

This chapter does not apply to:

(1) Sales at an auction conducted by or under the direction of a public authority or pursuant to a judicial order or decree or to a sale by law required to be at auction;

(2) An auction conducted by or for a nonprofit organization;

(3) (A) An individual who offers his or her own goods for auction. (B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(A) An individual who offers his or her own goods for auction.

(B) This exception does not apply: (i) To an auction of consigned goods; or (ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(i) To an auction of consigned goods; or

(ii) If the auctioneer does not own or is not able to deliver immediate possession of the goods;

(4) A livestock auction barn auctioneer;

(5) An auction conducted over the internet by means of a website dedicated primarily to conducting auctions if: (A) The person conducting the auction is licensed as a used motor vehicle dealer; and (B) The property auctioned is within the scope of the license; or

(A) The person conducting the auction is licensed as a used motor vehicle dealer; and

(B) The property auctioned is within the scope of the license; or

(6) The owner of an e-commerce website or online marketplace that facilitates or provides consumer-to-consumer or business-to-consumer sales through the website or online marketplace and provides buyer and seller protections to the participants.

Amended by Act 2023, No. 677,§ 3, eff. 8/1/2023.

Acts 1989, No. 266, § 4; 2009, No. 183, § 1.
Ark. Code Ann. § 17-104-310 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-310
Monitoring
Status: in_force

The State Board of Health shall develop a system for monitoring licensees' compliance with this chapter. Rules adopted under this section shall include procedures for monitoring licensees to determine that the licensee performs the acts required by the Department of Health and to identify and monitor licensees who represent a risk to the public. Amended by Act 2019, No. 315,§ 1671, eff. 7/24/2019. Acts 1999, No. 888, § 17.

The State Board of Health shall develop a system for monitoring licensees' compliance with this chapter. Rules adopted under this section shall include procedures for monitoring licensees to determine that the licensee performs the acts required by the Department of Health and to identify and monitor licensees who represent a risk to the public.

Amended by Act 2019, No. 315,§ 1671, eff. 7/24/2019.

Acts 1999, No. 888, § 17.
Ark. Code Ann. § 17-95-203 — AR Code / Title 17 / Chapter 95 / Subchapter 2 / Section 17-95-203
Exemptions
Status: in_force

Nothing herein shall be construed to prohibit or to require a license with respect to any of the following acts: (1) The gratuitous rendering of services in case of emergency; (2) The rendering of services in this state by a physician lawfully practicing medicine in another state or territory, provided that the physician must possess a license to practice medicine in this state if he or she: (A) Does not limit such services to an occasional case; (B) Has any established or regularly used hospital connections in this state; or (C) Maintains or is provided with for his or her regular use any office or other place for the rendering of those services; (3) The practice of the following professions, as defined by the laws of this state, which the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., is not intended to limit, restrict, enlarge, or alter the privileges and practice of, as provided by the laws of this state: (A) Dentistry; (B) Podiatry; (C) Optometry; (D) Chiropractic; or (E) Cosmetology; (4) The practice of Christian Science, with or without compensation; (5) The performance by commissioned medical officers of the United States Armed Forces or of the United States Public Health Service or of the United States Department of Veterans Affairs of their lawful duties in this state as officers; (6) The rendering of nursing services by registered or other nurses in the lawful discharge of their duties as such; (7) The rendering of services by students, interns, residents, or fellows in a transitional year, residency, or fellowship training program approved by the American Medical Association, Accreditation Council for Graduate Medical Education, American Osteopathic Association, the State Board of Health, or the United States Government; (8) As defined and limited by the laws of this state, the performance of the duties of a: (A) Physical therapist; or (B) Massage therapist; (9) The domestic administration of family remedies; (10) The practice of lay midwifery as defined in the Licensed Lay Midwife Act, § 17-85-101 et seq.; (11) (A) The practice of medicine within the scope of a physician's duties as an employee of the United States Bureau of Prisons, if the physician has obtained a license to practice from Arkansas or any other state, territory, the District of Columbia, or Canada. (B) A physician authorized to practice under subdivision (11)(A) of this section may provide medical treatment or services only to inmates and shall not provide medical treatment or services to other employees of the United States Bureau of Prisons or any other person; or (12) The practice of medicine through a program in partnership with federal Innovative Readiness Training if the physician has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia. Amended by Act 2017, No. 205,§ 7, eff. 8/1/2017. Amended by Act 2015, No. 948,§ 1, eff. 4/2/2015. Acts 1957, No. 198, § 4; 1971, No. 53, § 1; 1977, No. 459, § 18; 1983, No. 838, § 3; A.S.A. 1947, § 72-604; Acts 2001, No. 579, § 1; 2001, No. 929, § 5.

Nothing herein shall be construed to prohibit or to require a license with respect to any of the following acts:

(1) The gratuitous rendering of services in case of emergency;

(2) The rendering of services in this state by a physician lawfully practicing medicine in another state or territory, provided that the physician must possess a license to practice medicine in this state if he or she: (A) Does not limit such services to an occasional case; (B) Has any established or regularly used hospital connections in this state; or (C) Maintains or is provided with for his or her regular use any office or other place for the rendering of those services;

(A) Does not limit such services to an occasional case;

(B) Has any established or regularly used hospital connections in this state; or

(C) Maintains or is provided with for his or her regular use any office or other place for the rendering of those services;

(3) The practice of the following professions, as defined by the laws of this state, which the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., is not intended to limit, restrict, enlarge, or alter the privileges and practice of, as provided by the laws of this state: (A) Dentistry; (B) Podiatry; (C) Optometry; (D) Chiropractic; or (E) Cosmetology;

(A) Dentistry;

(B) Podiatry;

(C) Optometry;

(D) Chiropractic; or

(E) Cosmetology;

(4) The practice of Christian Science, with or without compensation;

(5) The performance by commissioned medical officers of the United States Armed Forces or of the United States Public Health Service or of the United States Department of Veterans Affairs of their lawful duties in this state as officers;

(6) The rendering of nursing services by registered or other nurses in the lawful discharge of their duties as such;

(7) The rendering of services by students, interns, residents, or fellows in a transitional year, residency, or fellowship training program approved by the American Medical Association, Accreditation Council for Graduate Medical Education, American Osteopathic Association, the State Board of Health, or the United States Government;

(8) As defined and limited by the laws of this state, the performance of the duties of a: (A) Physical therapist; or (B) Massage therapist;

(A) Physical therapist; or

(B) Massage therapist;

(9) The domestic administration of family remedies;

(10) The practice of lay midwifery as defined in the Licensed Lay Midwife Act, § 17-85-101 et seq.;

(11) (A) The practice of medicine within the scope of a physician's duties as an employee of the United States Bureau of Prisons, if the physician has obtained a license to practice from Arkansas or any other state, territory, the District of Columbia, or Canada. (B) A physician authorized to practice under subdivision (11)(A) of this section may provide medical treatment or services only to inmates and shall not provide medical treatment or services to other employees of the United States Bureau of Prisons or any other person; or

(A) The practice of medicine within the scope of a physician's duties as an employee of the United States Bureau of Prisons, if the physician has obtained a license to practice from Arkansas or any other state, territory, the District of Columbia, or Canada.

(B) A physician authorized to practice under subdivision (11)(A) of this section may provide medical treatment or services only to inmates and shall not provide medical treatment or services to other employees of the United States Bureau of Prisons or any other person; or

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

Amended by Act 2017, No. 205,§ 7, eff. 8/1/2017.

Amended by Act 2015, No. 948,§ 1, eff. 4/2/2015.

Acts 1957, No. 198, § 4; 1971, No. 53, § 1; 1977, No. 459, § 18; 1983, No. 838, § 3; A.S.A. 1947, § 72-604; Acts 2001, No. 579, § 1; 2001, No. 929, § 5.
Ark. Code Ann. § 17-104-308 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-308
Complaints
Status: in_force

(a) The Department of Health shall keep an information file containing each complaint filed with the department. The information file shall be kept current and contain a record for each complaint of: (1) All persons contacted in relation to the complaint; (2) A summary of findings made at each step of the complaint process; (3) An explanation of the legal basis and reason for a dismissed complaint; and (4) Other relevant information. (b) If a written complaint is filed with the department, the department shall notify the parties of the status of the complaint, unless the notice would jeopardize an undercover investigation. (c) The State Board of Health shall adopt a form to standardize information concerning complaints made to the department and shall prescribe the information to be provided to a person when a complaint has been filed. Acts 1999, No. 888, § 15.

(a) The Department of Health shall keep an information file containing each complaint filed with the department. The information file shall be kept current and contain a record for each complaint of: (1) All persons contacted in relation to the complaint; (2) A summary of findings made at each step of the complaint process; (3) An explanation of the legal basis and reason for a dismissed complaint; and (4) Other relevant information.

(1) All persons contacted in relation to the complaint;

(2) A summary of findings made at each step of the complaint process;

(3) An explanation of the legal basis and reason for a dismissed complaint; and

(4) Other relevant information.

(b) If a written complaint is filed with the department, the department shall notify the parties of the status of the complaint, unless the notice would jeopardize an undercover investigation.

(c) The State Board of Health shall adopt a form to standardize information concerning complaints made to the department and shall prescribe the information to be provided to a person when a complaint has been filed.

Acts 1999, No. 888, § 15.
Ark. Code Ann. § 17-43-205 — AR Code / Title 17 / Chapter 43 / Subchapter 2 / Section 17-43-205
Operating expenses
Status: in_force

The operating expenses of the Arkansas State Board of Sanitarians shall be paid solely from cash funds of the board, and no funds shall be used either directly or indirectly from general revenues for such support. Acts 1983, No. 152, § 2.

The operating expenses of the Arkansas State Board of Sanitarians shall be paid solely from cash funds of the board, and no funds shall be used either directly or indirectly from general revenues for such support.

Acts 1983, No. 152, § 2.
Ark. Code Ann. § 17-26-321 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-321
Reissuance and reinstatement
Status: in_force

For good cause shown and under such reasonable rules as may be imposed, the Department of Health may reissue or reinstate the license of any person whose license has been previously revoked. Acts 1955, No. 358, Art. 11, § 1; A.S.A. 1947, § 71-871; Acts 2009, No. 4, § 12.

For good cause shown and under such reasonable rules as may be imposed, the Department of Health may reissue or reinstate the license of any person whose license has been previously revoked.

Acts 1955, No. 358, Art. 11, § 1; A.S.A. 1947, § 71-871; Acts 2009, No. 4, § 12.
Ark. Code Ann. § 17-82-206 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-206
Records
Status: in_force

The Arkansas State Board of Dental Examiners shall keep a permanent record book in which shall be registered the name, age, address, and license number of each person legally entitled to practice dentistry or dental hygiene in the State of Arkansas, and it shall also keep other permanent records as it may deem necessary or expedient in the performance of its duties. Acts 1955, No. 14, § 6; A.S.A. 1947, § 72-539.

The Arkansas State Board of Dental Examiners shall keep a permanent record book in which shall be registered the name, age, address, and license number of each person legally entitled to practice dentistry or dental hygiene in the State of Arkansas, and it shall also keep other permanent records as it may deem necessary or expedient in the performance of its duties.

Acts 1955, No. 14, § 6; A.S.A. 1947, § 72-539.
Ark. Code Ann. § 17-33-102 — AR Code / Title 17 / Chapter 33 / Subchapter 1 / Section 17-33-102
Exemptions
Status: in_force

(a) This chapter shall not apply to: (1) Household appliances; (2) American Gas Association-approved unvented space heaters; (3) Factory assembled air-cooled, self-contained refrigeration equipment of one and one-half horsepower (1.5 h.p.) or less and which have no refrigerant lines extending beyond the cabinet enclosure; (4) Factory assembled air-cooled, self-contained, window-type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts; (5) Window, attic, ceiling, and wall fans in residences; or (6) Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl. (b) This chapter shall not apply to a person who: (1) Performs HVACR work in an existing building or structure owned and occupied by him or her as his or her home; (2) Performs HVACR work in an existing building or structure owned or occupied by him or her on his or her farm; (3) Performs work for public utilities on construction, maintenance, and development work that is incidental to his or her business; (4) Performs work on motor vehicles; (5) Is an architect or registered engineer who designs HVACR systems for design criteria only; (6) Is an employee of a hospital and performs HVACR work that is incidental to the hospital's operation; (7) Installs or does maintenance work on a gas-fired floor furnace, wall furnace, or unit heater, if the person is licensed pursuant to § 17-38-301 et seq. and the work is performed within the limitations of the person's license; or (8) Is a pipefitter, welder, well driller, sheet metal worker, or plumber working under a Class A, Class B, Class D, or Class E licensee and who is enrolled in or has satisfactorily completed an apprenticeship training program approved by the State of Arkansas in his or her respective trade, and whose work is performed within the limitations of the person's license. (c) The provisions of this chapter shall not apply to a person or public entity serving or repairing its own HVACR system by its own personnel specifically trained for such service or repair. (d) Any person exempt under this section is required to conform to rules on the performance of HVACR work as well as obtaining local permits and inspections as may be required by local ordinance. Amended by Act 2019, No. 315,§ 1413, eff. 7/24/2019. Acts 1991, No. 277, § 6; 1997, No. 344, § 1; 1999, No. 465, § 2; 2003, No. 748, § 1.

(a) This chapter shall not apply to: (1) Household appliances; (2) American Gas Association-approved unvented space heaters; (3) Factory assembled air-cooled, self-contained refrigeration equipment of one and one-half horsepower (1.5 h.p.) or less and which have no refrigerant lines extending beyond the cabinet enclosure; (4) Factory assembled air-cooled, self-contained, window-type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts; (5) Window, attic, ceiling, and wall fans in residences; or (6) Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl.

(1) Household appliances;

(2) American Gas Association-approved unvented space heaters;

(3) Factory assembled air-cooled, self-contained refrigeration equipment of one and one-half horsepower (1.5 h.p.) or less and which have no refrigerant lines extending beyond the cabinet enclosure;

(4) Factory assembled air-cooled, self-contained, window-type air conditioning units of thirty-six thousand (36,000) BTUH or less not connected to ducts;

(5) Window, attic, ceiling, and wall fans in residences; or

(6) Poultry operations whether engaged in hatching, primary processing, or further processing of chicken, turkey, or other fowl.

(b) This chapter shall not apply to a person who: (1) Performs HVACR work in an existing building or structure owned and occupied by him or her as his or her home; (2) Performs HVACR work in an existing building or structure owned or occupied by him or her on his or her farm; (3) Performs work for public utilities on construction, maintenance, and development work that is incidental to his or her business; (4) Performs work on motor vehicles; (5) Is an architect or registered engineer who designs HVACR systems for design criteria only; (6) Is an employee of a hospital and performs HVACR work that is incidental to the hospital's operation; (7) Installs or does maintenance work on a gas-fired floor furnace, wall furnace, or unit heater, if the person is licensed pursuant to § 17-38-301 et seq. and the work is performed within the limitations of the person's license; or (8) Is a pipefitter, welder, well driller, sheet metal worker, or plumber working under a Class A, Class B, Class D, or Class E licensee and who is enrolled in or has satisfactorily completed an apprenticeship training program approved by the State of Arkansas in his or her respective trade, and whose work is performed within the limitations of the person's license.

(1) Performs HVACR work in an existing building or structure owned and occupied by him or her as his or her home;

(2) Performs HVACR work in an existing building or structure owned or occupied by him or her on his or her farm;

(3) Performs work for public utilities on construction, maintenance, and development work that is incidental to his or her business;

(4) Performs work on motor vehicles;

(5) Is an architect or registered engineer who designs HVACR systems for design criteria only;

(6) Is an employee of a hospital and performs HVACR work that is incidental to the hospital's operation;

(7) Installs or does maintenance work on a gas-fired floor furnace, wall furnace, or unit heater, if the person is licensed pursuant to § 17-38-301 et seq. and the work is performed within the limitations of the person's license; or

(8) Is a pipefitter, welder, well driller, sheet metal worker, or plumber working under a Class A, Class B, Class D, or Class E licensee and who is enrolled in or has satisfactorily completed an apprenticeship training program approved by the State of Arkansas in his or her respective trade, and whose work is performed within the limitations of the person's license.

(c) The provisions of this chapter shall not apply to a person or public entity serving or repairing its own HVACR system by its own personnel specifically trained for such service or repair.

(d) Any person exempt under this section is required to conform to rules on the performance of HVACR work as well as obtaining local permits and inspections as may be required by local ordinance.

Amended by Act 2019, No. 315,§ 1413, eff. 7/24/2019.

Acts 1991, No. 277, § 6; 1997, No. 344, § 1; 1999, No. 465, § 2; 2003, No. 748, § 1.
Ark. Code Ann. § 17-29-606 — AR Code / Title 17 / Chapter 29 / Subchapter 6 / Section 17-29-606
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015. Acts 1975, No. 180, § 3; A.S.A. 1947, § 71-924.

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

Acts 1975, No. 180, § 3; A.S.A. 1947, § 71-924.
Ark. Code Ann. § 17-5-105 — AR Code / Title 17 / Chapter 5 / Section 17-5-105
Licensing entity duties
Status: in_force

A licensing entity shall: (1) Publish notice of the fee waiver on: (A) The website maintained by the licensing entity; and (B) Any relevant forms that an applicant is required to complete; and (2) Promulgate any necessary rules to implement this chapter. Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.

A licensing entity shall:

(1) Publish notice of the fee waiver on: (A) The website maintained by the licensing entity; and (B) Any relevant forms that an applicant is required to complete; and

(A) The website maintained by the licensing entity; and

(B) Any relevant forms that an applicant is required to complete; and

(2) Promulgate any necessary rules to implement this chapter.

Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 17-20-206 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-206
Rules - Inspections
Status: in_force

(a) The State Board of Barber Examiners shall have authority to make and promulgate reasonable rules for the administration of this chapter. (b) The State Board of Barber Examiners shall prescribe sanitary requirements for barbershops and barber schools, subject to the approval of the State Board of Health. (c) Any member of the State Board of Barber Examiners, the Director of the State Board of Barber Examiners, or the State Board of Barber Examiners' inspectors shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours. (d) A copy of the rules and sanitary requirements adopted by the State Board of Barber Examiners shall be furnished by the State Board of Barber Examiners to the owner or manager of each barbershop and barber school, and a copy shall be posted in a conspicuous place in the barbershop or barber school. Amended by Act 2023, No. 465,§ 4, eff. 8/1/2023. Amended by Act 2017, No. 1060,§ 9, eff. 8/1/2017. Acts 1937, No. 313, § 20; Pope's Dig., § 12088; A.S.A. 1947, § 71-520.

(a) The State Board of Barber Examiners shall have authority to make and promulgate reasonable rules for the administration of this chapter.

(b) The State Board of Barber Examiners shall prescribe sanitary requirements for barbershops and barber schools, subject to the approval of the State Board of Health.

(c) Any member of the State Board of Barber Examiners, the Director of the State Board of Barber Examiners, or the State Board of Barber Examiners' inspectors shall have authority to enter upon and to inspect any barbershop or barber school at any time during business hours.

(d) A copy of the rules and sanitary requirements adopted by the State Board of Barber Examiners shall be furnished by the State Board of Barber Examiners to the owner or manager of each barbershop and barber school, and a copy shall be posted in a conspicuous place in the barbershop or barber school.

Amended by Act 2023, No. 465,§ 4, eff. 8/1/2023.

Amended by Act 2017, No. 1060,§ 9, eff. 8/1/2017.

Acts 1937, No. 313, § 20; Pope's Dig., § 12088; A.S.A. 1947, § 71-520.
Ark. Code Ann. § 17-26-311 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-311
Eligibility for reexamination
Status: in_force

Anyone failing to pass an examination shall be permitted upon application to take another examination. Acts 1955, No. 358, Art. 6, § 7; 1955, No. 358, Art. 12, § 4; 1985, No. 215, § 7; A.S.A. 1947, §§ 71-844, 71-878; Acts 2003, No. 596, § 1.

Anyone failing to pass an examination shall be permitted upon application to take another examination.

Acts 1955, No. 358, Art. 6, § 7; 1955, No. 358, Art. 12, § 4; 1985, No. 215, § 7; A.S.A. 1947, §§ 71-844, 71-878; Acts 2003, No. 596, § 1.
Ark. Code Ann. § 17-14-102 — AR Code / Title 17 / Chapter 14 / Subchapter 1 / Section 17-14-102
Necessity for registration, license, or certificate
Status: in_force

(a) (1) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., is created in response to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and specifies three (3) classes of appraisers: state-licensed, state-certified residential, and state-certified general appraisers for federally related transactions. (2) A fourth class is created for nonfederally related transactions, which shall be known as "state-registered appraisers". (3) A fifth class is created for an appraiser who is subject to direct control and supervision by a qualified state-certified appraiser supervisor as part of upgrading his or her classification to state-licensed or state-certified, which shall be known as "registered apprentice appraiser". (b) It is the intent of the General Assembly that this law be no more restrictive than required under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Amended by Act 2019, No. 514,§ 1, eff. 7/24/2019. Acts 1991, No. 416, §§ 7, 13; 1991, No. 541, §§ 7, 13; 1993, No. 413, § 1; 2001, No. 1256, § 1; 2009, No. 628, § 3.

(a) (1) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., is created in response to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and specifies three (3) classes of appraisers: state-licensed, state-certified residential, and state-certified general appraisers for federally related transactions. (2) A fourth class is created for nonfederally related transactions, which shall be known as "state-registered appraisers". (3) A fifth class is created for an appraiser who is subject to direct control and supervision by a qualified state-certified appraiser supervisor as part of upgrading his or her classification to state-licensed or state-certified, which shall be known as "registered apprentice appraiser".

(1) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., is created in response to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and specifies three (3) classes of appraisers: state-licensed, state-certified residential, and state-certified general appraisers for federally related transactions.

(2) A fourth class is created for nonfederally related transactions, which shall be known as "state-registered appraisers".

(3) A fifth class is created for an appraiser who is subject to direct control and supervision by a qualified state-certified appraiser supervisor as part of upgrading his or her classification to state-licensed or state-certified, which shall be known as "registered apprentice appraiser".

(b) It is the intent of the General Assembly that this law be no more restrictive than required under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

Amended by Act 2019, No. 514,§ 1, eff. 7/24/2019.

Acts 1991, No. 416, §§ 7, 13; 1991, No. 541, §§ 7, 13; 1993, No. 413, § 1; 2001, No. 1256, § 1; 2009, No. 628, § 3.
Ark. Code Ann. § 17-98-104 — AR Code / Title 17 / Chapter 98 / Subchapter 1 / Section 17-98-104
Exemptions
Status: in_force

(a) Nothing in this chapter shall be construed to limit members of the clergy, Christian Science practitioners, and licensed healthcare professionals, such as physicians, nurses, psychologists, and counselors, from doing work within the standards and ethics of their respective professions, provided that they do not hold themselves out to the public by any title or description of services as a disease intervention specialist. (b) Nothing in this chapter shall be construed to limit the employment by healthcare facilities of persons who commonly perform services within the definition of disease intervention, so long as the services are performed within the course of and scope of their employment as employees of healthcare facilities and they do not hold themselves out to the public by any title or description of services as disease intervention specialists. This chapter does not require an employee of a healthcare facility to be registered as a disease intervention specialist as a condition of employment. (c) Nothing in this chapter shall be construed as limiting the activities of a student or other person preparing for the profession of disease intervention specialist, provided that disease intervention is performed only under qualified supervision. Acts 1993, No. 107, § 3.

(a) Nothing in this chapter shall be construed to limit members of the clergy, Christian Science practitioners, and licensed healthcare professionals, such as physicians, nurses, psychologists, and counselors, from doing work within the standards and ethics of their respective professions, provided that they do not hold themselves out to the public by any title or description of services as a disease intervention specialist.

(b) Nothing in this chapter shall be construed to limit the employment by healthcare facilities of persons who commonly perform services within the definition of disease intervention, so long as the services are performed within the course of and scope of their employment as employees of healthcare facilities and they do not hold themselves out to the public by any title or description of services as disease intervention specialists. This chapter does not require an employee of a healthcare facility to be registered as a disease intervention specialist as a condition of employment.

(c) Nothing in this chapter shall be construed as limiting the activities of a student or other person preparing for the profession of disease intervention specialist, provided that disease intervention is performed only under qualified supervision.

Acts 1993, No. 107, § 3.
Ark. Code Ann. § 17-25-502 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-502
Definitions
Status: in_force

As used in this subchapter: (1) "Home improvement contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination that attempts to or submits a bid or contracts, undertakes, or assumes charge in a supervisory capacity or otherwise manages the reconstruction, alteration, renovation, repair, modification, improvement, removal, demolition, or addition to any preexisting single family residence or the property and structures appurtenant thereto; (2) "Residential building contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination, which for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct or contract or undertakes to construct or assumes charge in a supervisory capacity or otherwise manages the construction of a single family residence or the property and structures appurtenant thereto; and (3) "Single family residence" means any project consisting of at least one (1) but not more than four (4) units of new construction for residential occupancy. Amended by Act 2019, No. 386,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 13, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 4, eff. 8/1/2017. Acts 1999, No. 950, § 1; 2011, No. 1208, § 2.

As used in this subchapter:

(1) "Home improvement contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination that attempts to or submits a bid or contracts, undertakes, or assumes charge in a supervisory capacity or otherwise manages the reconstruction, alteration, renovation, repair, modification, improvement, removal, demolition, or addition to any preexisting single family residence or the property and structures appurtenant thereto;

(2) "Residential building contractor" means any person, firm, partnership, copartnership, association, corporation, or other organization or any combination, which for a fixed price, commission, fee, or wage, attempts to or submits a bid to construct or contract or undertakes to construct or assumes charge in a supervisory capacity or otherwise manages the construction of a single family residence or the property and structures appurtenant thereto; and

(3) "Single family residence" means any project consisting of at least one (1) but not more than four (4) units of new construction for residential occupancy.

Amended by Act 2019, No. 386,§ 14, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 13, eff. 7/24/2019.

Amended by Act 2017, No. 252,§ 4, eff. 8/1/2017.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 2.
Ark. Code Ann. § 17-26-712 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-712
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-24-101 — AR Code / Title 17 / Chapter 24 / Subchapter 1 / Section 17-24-101
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, "collection agency" means any person, partnership, corporation, association, limited liability corporation, or firm that: (1) Engages in the collection of delinquent accounts, bills, or other forms of indebtedness owed or due or asserted to be owed or due to another; (2) Uses a fictitious name or any name other than its own to collect its own accounts receivable; (3) Solicits claims for collection; or (4) Purchases and attempts to collect delinquent accounts or bills. Amended by Act 2023, No. 360,§ 1, eff. 8/1/2023. Acts 1965, No. 145, § 2; A.S.A. 1947, § 71-2002; Acts 2009, No. 1455, § 2.

As used in this chapter, unless the context otherwise requires, "collection agency" means any person, partnership, corporation, association, limited liability corporation, or firm that:

(1) Engages in the collection of delinquent accounts, bills, or other forms of indebtedness owed or due or asserted to be owed or due to another;

(2) Uses a fictitious name or any name other than its own to collect its own accounts receivable;

(3) Solicits claims for collection; or

(4) Purchases and attempts to collect delinquent accounts or bills.

Amended by Act 2023, No. 360,§ 1, eff. 8/1/2023.

Acts 1965, No. 145, § 2; A.S.A. 1947, § 71-2002; Acts 2009, No. 1455, § 2.
Ark. Code Ann. § 17-96-201 — AR Code / Title 17 / Chapter 96 / Subchapter 2 / Section 17-96-201
Creation - Members
Status: in_force

(a) (1) The Governor shall appoint an examining board to consist of five (5) members appointed on September 1, for terms of three (3) years. All members shall be residents of the state for a period of one (1) or more years. (2) Three (3) members shall be podiatrists and shall have been actually engaged in the practice of podiatric medicine immediately preceding their appointment. They shall be appointed after consulting the Arkansas Podiatric Medical Association and subject to confirmation by the Senate. (3) Two (2) members of the Arkansas Board of Podiatric Medicine shall not be actively engaged in or retired from the profession of podiatric medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (b) All vacancies on the board shall be filled by the Governor to serve for the unexpired term of the member whose place is rendered vacant. Amended by Act 2015, No. 1100,§ 38, eff. 7/22/2015. Acts 1923, No. 610, § 2; Pope's Dig., §§ 10846, 12111; Acts 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 429, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-302; Acts 1997, No. 966, § 4.

(a) (1) The Governor shall appoint an examining board to consist of five (5) members appointed on September 1, for terms of three (3) years. All members shall be residents of the state for a period of one (1) or more years. (2) Three (3) members shall be podiatrists and shall have been actually engaged in the practice of podiatric medicine immediately preceding their appointment. They shall be appointed after consulting the Arkansas Podiatric Medical Association and subject to confirmation by the Senate. (3) Two (2) members of the Arkansas Board of Podiatric Medicine shall not be actively engaged in or retired from the profession of podiatric medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.

(1) The Governor shall appoint an examining board to consist of five (5) members appointed on September 1, for terms of three (3) years. All members shall be residents of the state for a period of one (1) or more years.

(2) Three (3) members shall be podiatrists and shall have been actually engaged in the practice of podiatric medicine immediately preceding their appointment. They shall be appointed after consulting the Arkansas Podiatric Medical Association and subject to confirmation by the Senate.

(3) Two (2) members of the Arkansas Board of Podiatric Medicine shall not be actively engaged in or retired from the profession of podiatric medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.

(b) All vacancies on the board shall be filled by the Governor to serve for the unexpired term of the member whose place is rendered vacant.

Amended by Act 2015, No. 1100,§ 38, eff. 7/22/2015.

Acts 1923, No. 610, § 2; Pope's Dig., §§ 10846, 12111; Acts 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 429, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-302; Acts 1997, No. 966, § 4.
Ark. Code Ann. § 17-52-317 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-317
Certificates of registration
Status: in_force

(a) (1) Certificates of registration shall be issued by the State Board of Appraisers, Abstracters, and Home Inspectors to an applicant after compliance with the registration or renewal requirements of this subchapter. (2) Certificates shall be consecutively numbered. (b) When registration is renewed, that person's registration number shall be perpetuated. (c) Certificates of registration of a home inspector shall be issued for a period of at least one (1) year and shall expire at the end of a period of up to three (3) years, as may be set by the board. (d) Notices of upcoming registration expiration and a reminder to renew shall be mailed to registered home inspectors no more than sixty (60) days and no less than forty-five (45) days before the expiration date of the applicant's registration. Amended by Act 2023, No. 628,§ 62, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) (1) Certificates of registration shall be issued by the State Board of Appraisers, Abstracters, and Home Inspectors to an applicant after compliance with the registration or renewal requirements of this subchapter. (2) Certificates shall be consecutively numbered.

(1) Certificates of registration shall be issued by the State Board of Appraisers, Abstracters, and Home Inspectors to an applicant after compliance with the registration or renewal requirements of this subchapter.

(2) Certificates shall be consecutively numbered.

(b) When registration is renewed, that person's registration number shall be perpetuated.

(c) Certificates of registration of a home inspector shall be issued for a period of at least one (1) year and shall expire at the end of a period of up to three (3) years, as may be set by the board.

(d) Notices of upcoming registration expiration and a reminder to renew shall be mailed to registered home inspectors no more than sixty (60) days and no less than forty-five (45) days before the expiration date of the applicant's registration.

Amended by Act 2023, No. 628,§ 62, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-52-306 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-306
Powers and duties of board
Status: in_force

The State Board of Appraisers, Abstracters, and Home Inspectors may: (1) Perform the duties and functions appropriate and necessary to carry out the provisions of this subchapter; (2) Review, approve, or reject registration applications and issue registration certificates to applicants; (3) Establish a mandatory continuing education program designed to upgrade the professional skills and knowledge of home inspectors practicing in Arkansas; (4) (A) Establish administrative procedures for disciplinary proceedings conducted according to the provisions for this subchapter. (B) The procedures shall include provisions for the suspension and revocation of registration and enforcement of civil penalties; (5) Establish procedures for processing and resolving complaints against home inspectors conducting home inspections in Arkansas; (6) Authorize disbursement of the funds collected into the Arkansas Home Inspectors Registration Fund; (7) Employ legal counsel to represent it in any proceedings when legal counsel is required; (8) Develop competency exams for home inspectors; (9) Establish a standard of practice and code of ethics for home inspectors; (10) Enter into agreements with other states, territories, districts, or possessions of the United States concerning registration or licensing requirements acceptable between Arkansas and the other entities; (11) Maintain working files as it deems necessary; (12) Contract for administrative support services and meet financial obligations of those contracts using moneys from the fund; (13) (A) Develop and implement a means for conducting internet board meetings, which may be observed by the public in real time. (B) Public participation in the meetings may be permitted in accordance with rules developed by the board; (14) Establish and maintain a website devoted to home inspection registration and related subjects; and (15) [Repealed.] (16) Establish educational requirements for registration to begin after July 1, 2004, including the standards and procedures for approval of educational programs if the maximum number of hours required shall not exceed ninety (90) classroom hours. Amended by Act 2023, No. 628,§ 51, eff. 7/1/2023. Amended by Act 2021, No. 492,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5437, eff. 7/1/2019. Acts 2003, No. 1328, § 1.

The State Board of Appraisers, Abstracters, and Home Inspectors may:

(1) Perform the duties and functions appropriate and necessary to carry out the provisions of this subchapter;

(2) Review, approve, or reject registration applications and issue registration certificates to applicants;

(3) Establish a mandatory continuing education program designed to upgrade the professional skills and knowledge of home inspectors practicing in Arkansas;

(4) (A) Establish administrative procedures for disciplinary proceedings conducted according to the provisions for this subchapter. (B) The procedures shall include provisions for the suspension and revocation of registration and enforcement of civil penalties;

(A) Establish administrative procedures for disciplinary proceedings conducted according to the provisions for this subchapter.

(B) The procedures shall include provisions for the suspension and revocation of registration and enforcement of civil penalties;

(5) Establish procedures for processing and resolving complaints against home inspectors conducting home inspections in Arkansas;

(6) Authorize disbursement of the funds collected into the Arkansas Home Inspectors Registration Fund;

(7) Employ legal counsel to represent it in any proceedings when legal counsel is required;

(8) Develop competency exams for home inspectors;

(9) Establish a standard of practice and code of ethics for home inspectors;

(10) Enter into agreements with other states, territories, districts, or possessions of the United States concerning registration or licensing requirements acceptable between Arkansas and the other entities;

(11) Maintain working files as it deems necessary;

(12) Contract for administrative support services and meet financial obligations of those contracts using moneys from the fund;

(13) (A) Develop and implement a means for conducting internet board meetings, which may be observed by the public in real time. (B) Public participation in the meetings may be permitted in accordance with rules developed by the board;

(A) Develop and implement a means for conducting internet board meetings, which may be observed by the public in real time.

(B) Public participation in the meetings may be permitted in accordance with rules developed by the board;

(14) Establish and maintain a website devoted to home inspection registration and related subjects; and

(15) [Repealed.]

(16) Establish educational requirements for registration to begin after July 1, 2004, including the standards and procedures for approval of educational programs if the maximum number of hours required shall not exceed ninety (90) classroom hours.

Amended by Act 2023, No. 628,§ 51, eff. 7/1/2023.

Amended by Act 2021, No. 492,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5437, eff. 7/1/2019.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-39-203 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-203
Initial polygraph examiner license or intern polygraph examiner license application
Status: in_force

(a) An application for an initial polygraph examiner license or intern polygraph examiner license shall be made to the Director of the Division of Arkansas State Police on forms prescribed by the director and shall be accompanied by the required fee as set out in § 17-39-207 . (b) The burden is on the applicant to provide sufficient information to bring himself or herself within the licensing standards and allow the director to determine if the applicant is qualified to hold a license under this subchapter and subchapter 1. Amended by Act 2019, No. 910,§ 5936, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 13, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 12, eff. 8/16/2013. Acts 1967, No. 413, § 9; A.S.A. 1947, § 71-2208.

(a) An application for an initial polygraph examiner license or intern polygraph examiner license shall be made to the Director of the Division of Arkansas State Police on forms prescribed by the director and shall be accompanied by the required fee as set out in § 17-39-207 .

(b) The burden is on the applicant to provide sufficient information to bring himself or herself within the licensing standards and allow the director to determine if the applicant is qualified to hold a license under this subchapter and subchapter 1.

Amended by Act 2019, No. 910,§ 5936, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 13, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 12, eff. 8/16/2013.

Acts 1967, No. 413, § 9; A.S.A. 1947, § 71-2208.
Ark. Code Ann. § 17-96-101 — AR Code / Title 17 / Chapter 96 / Subchapter 1 / Section 17-96-101
Definitions
Status: in_force

As used in this chapter: (1) "Podiatric medicine" means the diagnosis and medical, mechanical, and surgical treatment of ailments of the human foot and ankle; and (2) "Podiatrist" means a physician legally licensed to practice podiatric medicine. However, no podiatrist shall amputate the human foot or perform nerve or vascular grafting or administer any anesthetic other than a local anesthetic. All ankle surgery performed above the level of the foot other than skin and skin structures shall be performed in a facility accredited by either Medicare or by The Joint Commission. Amended by Act 2019, No. 386,§ 53, eff. 7/24/2019. Acts 1923, No. 610, §§ 1, 7, 9; 1937, No. 187, §§ 3, 4; Pope's Dig., §§ 10845, 10853, 12110, 12116, 12118; Acts 1973, No. 31, §§ 1, 5, 7; 1983, No. 429, §§ 1, 7, 9; A.S.A. 1947, §§ 72-301, 72-307, 72-309; Acts 1997, No. 966, § 1; 1999, No. 1370, § 1.

As used in this chapter:

(1) "Podiatric medicine" means the diagnosis and medical, mechanical, and surgical treatment of ailments of the human foot and ankle; and

(2) "Podiatrist" means a physician legally licensed to practice podiatric medicine. However, no podiatrist shall amputate the human foot or perform nerve or vascular grafting or administer any anesthetic other than a local anesthetic. All ankle surgery performed above the level of the foot other than skin and skin structures shall be performed in a facility accredited by either Medicare or by The Joint Commission.

Amended by Act 2019, No. 386,§ 53, eff. 7/24/2019.

Acts 1923, No. 610, §§ 1, 7, 9; 1937, No. 187, §§ 3, 4; Pope's Dig., §§ 10845, 10853, 12110, 12116, 12118; Acts 1973, No. 31, §§ 1, 5, 7; 1983, No. 429, §§ 1, 7, 9; A.S.A. 1947, §§ 72-301, 72-307, 72-309; Acts 1997, No. 966, § 1; 1999, No. 1370, § 1.
Ark. Code Ann. § 17-92-906 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-906
Rules
Status: in_force

(a) (1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations. (2) The rules shall include, without limitation: (A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses; (B) Minimum qualifications of persons who engage in the distribution of these products; (C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements; (D) Minimum requirements for the storage and handling of these products; (E) Minimum requirements for the establishment and maintenance of distribution records for these products; and (F) Federal and state labeling requirements. (b) State rules shall not apply to the following: (1) Home health agencies; (2) Hospitals; (3) Manufacturers and wholesale distributors when not selling directly to the patient; (4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices; (5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients; (6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients; (7) Hospice programs; (8) Nursing homes; and (9) Veterinarians. (c) No rules promulgated to implement this subchapter shall be effective until they have been reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. Amended by Act 2019, No. 315,§ 1599, eff. 7/24/2019. Acts 1995, No. 1101, §§ 7, 12; 1997, No. 179, § 15.

(a) (1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations. (2) The rules shall include, without limitation: (A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses; (B) Minimum qualifications of persons who engage in the distribution of these products; (C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements; (D) Minimum requirements for the storage and handling of these products; (E) Minimum requirements for the establishment and maintenance of distribution records for these products; and (F) Federal and state labeling requirements.

(1) The Arkansas State Board of Pharmacy shall adopt rules for the distribution of home medical equipment, legend devices, and medical gases which promote the public health and welfare and which comply with, at least, the minimum standards, terms, and conditions of federal laws and federal regulations.

(2) The rules shall include, without limitation: (A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses; (B) Minimum qualifications of persons who engage in the distribution of these products; (C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements; (D) Minimum requirements for the storage and handling of these products; (E) Minimum requirements for the establishment and maintenance of distribution records for these products; and (F) Federal and state labeling requirements.

(A) Minimum information from each home medical equipment, legend device, and medical gas supplier required for licensing and renewal of licenses;

(B) Minimum qualifications of persons who engage in the distribution of these products;

(C) Appropriate education or experience, or both, of persons employed in distribution of these products who assume responsibility for positions related to compliance with state licensing requirements;

(D) Minimum requirements for the storage and handling of these products;

(E) Minimum requirements for the establishment and maintenance of distribution records for these products; and

(F) Federal and state labeling requirements.

(b) State rules shall not apply to the following: (1) Home health agencies; (2) Hospitals; (3) Manufacturers and wholesale distributors when not selling directly to the patient; (4) Healthcare practitioners legally eligible to prescribe or order home medical equipment, medical gases, and legend devices; (5) Medical doctors, physical therapists, respiratory therapists, occupational therapists, speech pathologists, optometrists, chiropractors, and podiatrists who use home medical equipment or legend devices, or both, to treat patients; (6) Nurses who use but do not sell home medical equipment or legend devices, or both, to their patients; (7) Hospice programs; (8) Nursing homes; and (9) Veterinarians.

(1) Home health agencies;

(2) Hospitals;

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

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

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

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

(7) Hospice programs;

(8) Nursing homes; and

(9) Veterinarians.

(c) No rules promulgated to implement this subchapter shall be effective until they have been reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

Amended by Act 2019, No. 315,§ 1599, eff. 7/24/2019.

Acts 1995, No. 1101, §§ 7, 12; 1997, No. 179, § 15.
Ark. Code Ann. § 17-105-119 — AR Code / Title 17 / Chapter 105 / Section 17-105-119
"Good Samaritan" provision
Status: in_force

Physician assistants shall be subject to the "Good Samaritan" provisions embodied in § 17-95-101 . Acts 1999, No. 851, § 19.

Physician assistants shall be subject to the "Good Samaritan" provisions embodied in § 17-95-101 .

Acts 1999, No. 851, § 19.
Ark. Code Ann. § 17-11-103 — AR Code / Title 17 / Chapter 11 / Subchapter 1 / Section 17-11-103
Penalties
Status: in_force

(a) Any person, firm, partnership, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Each succeeding day on which the provisions of this chapter are violated shall be a separate offense. (b) If any licensed abstracter shall willfully falsify any public record or information contained therein, he or she shall be guilty of a felony and punished accordingly in addition to his or her civil liability. Acts 1969, No. 109, §§ 11, 12; A.S.A. 1947, §§ 71-111, 71-112.

(a) Any person, firm, partnership, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. Each succeeding day on which the provisions of this chapter are violated shall be a separate offense.

(b) If any licensed abstracter shall willfully falsify any public record or information contained therein, he or she shall be guilty of a felony and punished accordingly in addition to his or her civil liability.

Acts 1969, No. 109, §§ 11, 12; A.S.A. 1947, §§ 71-111, 71-112.
Ark. Code Ann. § 17-83-105 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-105
Violations of chapter
Status: in_force

The following acts shall constitute violations of this chapter: (1) Representing oneself to be a dietitian or licensed dietitian, using the words "dietitian" or "provisional licensed dietitian" alone or in combination, or using the initials, "L.D." or "P.L.D." or any other letters, words, abbreviations, or insignia indicating that he or she is a dietitian, unless he or she is duly licensed as such under this chapter; (2) Practicing or attempting to practice dietetics without having first been licensed or otherwise permitted under this chapter; (3) Obtaining or attempting to obtain a license or renewal of a license by bribery or fraudulent representation; and (4) Knowingly making a false statement on any form promulgated under this chapter or the rules promulgated under this chapter. Amended by Act 2019, No. 315,§ 1525, eff. 7/24/2019. Acts 1989, No. 392, § 14; 1991, No. 786, § 26.

The following acts shall constitute violations of this chapter:

(1) Representing oneself to be a dietitian or licensed dietitian, using the words "dietitian" or "provisional licensed dietitian" alone or in combination, or using the initials, "L.D." or "P.L.D." or any other letters, words, abbreviations, or insignia indicating that he or she is a dietitian, unless he or she is duly licensed as such under this chapter;

(2) Practicing or attempting to practice dietetics without having first been licensed or otherwise permitted under this chapter;

(3) Obtaining or attempting to obtain a license or renewal of a license by bribery or fraudulent representation; and

(4) Knowingly making a false statement on any form promulgated under this chapter or the rules promulgated under this chapter.

Amended by Act 2019, No. 315,§ 1525, eff. 7/24/2019.

Acts 1989, No. 392, § 14; 1991, No. 786, § 26.
Ark. Code Ann. § 17-29-601 — AR Code / Title 17 / Chapter 29 / Subchapter 6 / Section 17-29-601
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015. Acts 1975, No. 180, § 4; A.S.A. 1947, § 71-925.

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

Acts 1975, No. 180, § 4; A.S.A. 1947, § 71-925.
Ark. Code Ann. § 17-88-402 — AR Code / Title 17 / Chapter 88 / Subchapter 4 / Section 17-88-402
Administration of compact - Rules
Status: in_force

(a) The Arkansas State Medical Board is the Occupational Therapy Licensure Compact administrator for this state. (b) The board may adopt rules that are consistent with the Occupational Therapy Licensure Compact necessary to implement this subchapter. (c) The board is not required to adopt the rules of the Occupational Therapy Licensure Compact Commission for the rules of the Occupational Therapy Licensure Compact Commission to be effective in this state. (d) For the purposes of the member state's ability to reject a rule under Section 10(C) of the Occupational Therapy Licensure Compact, Arkansas delegates its authority in this provision to the General Assembly or the Legislative Council. Added by Act 2023, No. 257,§ 1, eff. 8/1/2023.

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

(b) The board may adopt rules that are consistent with the Occupational Therapy Licensure Compact necessary to implement this subchapter.

(c) The board is not required to adopt the rules of the Occupational Therapy Licensure Compact Commission for the rules of the Occupational Therapy Licensure Compact Commission to be effective in this state.

(d) For the purposes of the member state's ability to reject a rule under Section 10(C) of the Occupational Therapy Licensure Compact, Arkansas delegates its authority in this provision to the General Assembly or the Legislative Council.

Added by Act 2023, No. 257,§ 1, eff. 8/1/2023.