Ark. Code Ann. § 17-83-106 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-106
Penalties - Enforcement
Status: in_force

(a) Violations of this chapter shall constitute Class A misdemeanors. (b) (1) The Arkansas Dietetics Licensing Board shall assist the prosecuting attorney in the enforcement of this chapter. (2) Any member of the board may present evidence of a violation to the appropriate prosecuting attorney. Acts 1989, No. 392, § 17.

(a) Violations of this chapter shall constitute Class A misdemeanors.

(b) (1) The Arkansas Dietetics Licensing Board shall assist the prosecuting attorney in the enforcement of this chapter. (2) Any member of the board may present evidence of a violation to the appropriate prosecuting attorney.

(1) The Arkansas Dietetics Licensing Board shall assist the prosecuting attorney in the enforcement of this chapter.

(2) Any member of the board may present evidence of a violation to the appropriate prosecuting attorney.

Acts 1989, No. 392, § 17.
Ark. Code Ann. § 17-84-102 — AR Code / Title 17 / Chapter 84 / Subchapter 1 / Section 17-84-102
Applicability and construction
Status: in_force

(a) This chapter shall not apply to an audiologist who is licensed under the provisions of the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., or to any person while engaged in the practice of recommending hearing instruments as part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public charitable institution or nonprofit organization which is primarily supported by voluntary contributions. (b) This chapter shall not be construed to prohibit any doctor who holds a valid license issued by the Arkansas State Medical Board and specializes in otology or otolaryngology from treating or fitting hearing instruments to the human ear or to prohibit any corporation, partnership, trust, association, or other like organization from engaging in the business of fitting and selling hearing instruments at retail, if it employs only natural persons licensed under this chapter in the direct fitting and sale of such products. Acts 1969, No. 197, § 5; A.S.A. 1947, § 72-1706; Acts 1991, No. 46, § 1; 1999, No. 592, § 2.

(a) This chapter shall not apply to an audiologist who is licensed under the provisions of the Licensure Act of Speech-Language Pathologists and Audiologists, § 17-100-101 et seq., or to any person while engaged in the practice of recommending hearing instruments as part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public charitable institution or nonprofit organization which is primarily supported by voluntary contributions.

(b) This chapter shall not be construed to prohibit any doctor who holds a valid license issued by the Arkansas State Medical Board and specializes in otology or otolaryngology from treating or fitting hearing instruments to the human ear or to prohibit any corporation, partnership, trust, association, or other like organization from engaging in the business of fitting and selling hearing instruments at retail, if it employs only natural persons licensed under this chapter in the direct fitting and sale of such products.

Acts 1969, No. 197, § 5; A.S.A. 1947, § 72-1706; Acts 1991, No. 46, § 1; 1999, No. 592, § 2.
Ark. Code Ann. § 17-88-101 — AR Code / Title 17 / Chapter 88 / Subchapter 1 / Section 17-88-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Occupational Therapy Practice Act". Acts 1977, No. 381, § 1; A.S.A. 1947, § 72-1901.

This chapter shall be known and may be cited as the "Arkansas Occupational Therapy Practice Act".

Acts 1977, No. 381, § 1; A.S.A. 1947, § 72-1901.
Ark. Code Ann. § 17-12-107 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-107
Permissible acts
Status: in_force

(a) Nothing contained in this chapter shall prohibit any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant licensed under § 17-12-301 et seq., a firm registered under § 17-12-401 et seq., or a foreign accountant who received a certificate under § 17-12-308(c) , provided that the employee or assistant shall not issue any accounting or financial statement over his or her name. (b) Nothing contained in this chapter shall prohibit any person who is not a licensee from issuing any compilation report prescribed by the "Statements on Standards for Accounting and Review Services" on any services to which those standards apply, indicating that the services were performed in accordance with standards established by the American Institute of Certified Public Accountants, provided that the report discloses that the person does not hold a license. The Arkansas State Board of Public Accountancy may by rule prescribe safe harbor language on the content of such disclosure. Acts 1975, No. 160, § 17; A.S.A. 1947, § 71-627; Acts 1999, No. 180, § 3.

(a) Nothing contained in this chapter shall prohibit any person not a certified public accountant or public accountant from serving as an employee of, or an assistant to, a certified public accountant or public accountant licensed under § 17-12-301 et seq., a firm registered under § 17-12-401 et seq., or a foreign accountant who received a certificate under § 17-12-308(c) , provided that the employee or assistant shall not issue any accounting or financial statement over his or her name.

(b) Nothing contained in this chapter shall prohibit any person who is not a licensee from issuing any compilation report prescribed by the "Statements on Standards for Accounting and Review Services" on any services to which those standards apply, indicating that the services were performed in accordance with standards established by the American Institute of Certified Public Accountants, provided that the report discloses that the person does not hold a license. The Arkansas State Board of Public Accountancy may by rule prescribe safe harbor language on the content of such disclosure.

Acts 1975, No. 160, § 17; A.S.A. 1947, § 71-627; Acts 1999, No. 180, § 3.
Ark. Code Ann. § 17-81-108 — AR Code / Title 17 / Chapter 81 / Subchapter 1 / Section 17-81-108
Rulemaking and enforcement
Status: in_force

The Arkansas State Board of Chiropractic Examiners shall establish rules to enforce the requirements of this chapter. Added by Act 2013, No. 513,§ 3, eff. 8/16/2013.

The Arkansas State Board of Chiropractic Examiners shall establish rules to enforce the requirements of this chapter.

Added by Act 2013, No. 513,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 17-90-110 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-110
Limitation on liability
Status: in_force

Any optometrist or ophthalmologist who releases a contact lens prescription in accordance with § 17-90-108(a)(2) shall not be liable for any damages for injury resulting from the purchasing, manufacturing, or dispensing of the contact lenses unless the contact lens seller and the contact lens prescriber are the same person. Acts 2003, No. 866, § 2.

Any optometrist or ophthalmologist who releases a contact lens prescription in accordance with § 17-90-108(a)(2) shall not be liable for any damages for injury resulting from the purchasing, manufacturing, or dispensing of the contact lenses unless the contact lens seller and the contact lens prescriber are the same person.

Acts 2003, No. 866, § 2.
Ark. Code Ann. § 17-80-302 — AR Code / Title 17 / Chapter 80 / Subchapter 3 / Section 17-80-302
Minority members of state health-related agencies, boards, and commissions
Status: in_force

(a) The appointing authorities for state health-related agencies, boards, and commissions shall consider appointment recommendations submitted by minority health-related professional associations. (b) The recommending organizations under this section include without limitation: (1) The Arkansas Medical, Dental, and Pharmaceutical Association; (2) The Arkansas Association of Black Social Workers, Inc.; (3) The Arkansas Black Nurses Association; (4) The National Association of Hispanic Nurses, Arkansas Chapter; (5) The National Pharmacists Association of Arkansas; and (6) The Arkansas State Board of Nursing. (c) Recommendations for appointments under this section shall: (1) Be submitted to the appointing authorities at least thirty (30) days before the expiration of a position in a state health-related agency, board, or commission relevant to the field or practice of the recommending body; (2) Be submitted to the appointing authorities anytime before the appointing authority fills a position that has opened due to resignation or removal before the end of the originally appointed term; (3) Be submitted by an officially designated officer or committee on behalf of the recommending organization; and (4) Include correspondence on official organizational letterhead and the resume or curriculum vitae of a recommended candidate. (d) If a recommendation for appointment under subsection (b) of this section is not received within the time allotted for the appointment, the appointing authority may make the appointment without a recommendation. (e) The health-related agencies, boards, and commissions for which recommendations may be considered under this section include the: (1) Arkansas Board of Podiatric Medicine; (2) Arkansas Psychology Board; (3) Arkansas Social Work Licensing Board; (4) Arkansas State Board of Dental Examiners; (5) Arkansas State Medical Board; (6) Arkansas State Board of Pharmacy; (7) Board of Examiners in Speech-Language Pathology and Audiology; and (8) State Board of Optometry. (f) This section does not change or affect any existing delineations for minority appointments. Acts 2009, No. 1490, § 1.

(a) The appointing authorities for state health-related agencies, boards, and commissions shall consider appointment recommendations submitted by minority health-related professional associations.

(b) The recommending organizations under this section include without limitation: (1) The Arkansas Medical, Dental, and Pharmaceutical Association; (2) The Arkansas Association of Black Social Workers, Inc.; (3) The Arkansas Black Nurses Association; (4) The National Association of Hispanic Nurses, Arkansas Chapter; (5) The National Pharmacists Association of Arkansas; and (6) The Arkansas State Board of Nursing.

(1) The Arkansas Medical, Dental, and Pharmaceutical Association;

(2) The Arkansas Association of Black Social Workers, Inc.;

(3) The Arkansas Black Nurses Association;

(4) The National Association of Hispanic Nurses, Arkansas Chapter;

(5) The National Pharmacists Association of Arkansas; and

(6) The Arkansas State Board of Nursing.

(c) Recommendations for appointments under this section shall: (1) Be submitted to the appointing authorities at least thirty (30) days before the expiration of a position in a state health-related agency, board, or commission relevant to the field or practice of the recommending body; (2) Be submitted to the appointing authorities anytime before the appointing authority fills a position that has opened due to resignation or removal before the end of the originally appointed term; (3) Be submitted by an officially designated officer or committee on behalf of the recommending organization; and (4) Include correspondence on official organizational letterhead and the resume or curriculum vitae of a recommended candidate.

(1) Be submitted to the appointing authorities at least thirty (30) days before the expiration of a position in a state health-related agency, board, or commission relevant to the field or practice of the recommending body;

(2) Be submitted to the appointing authorities anytime before the appointing authority fills a position that has opened due to resignation or removal before the end of the originally appointed term;

(3) Be submitted by an officially designated officer or committee on behalf of the recommending organization; and

(4) Include correspondence on official organizational letterhead and the resume or curriculum vitae of a recommended candidate.

(d) If a recommendation for appointment under subsection (b) of this section is not received within the time allotted for the appointment, the appointing authority may make the appointment without a recommendation.

(e) The health-related agencies, boards, and commissions for which recommendations may be considered under this section include the: (1) Arkansas Board of Podiatric Medicine; (2) Arkansas Psychology Board; (3) Arkansas Social Work Licensing Board; (4) Arkansas State Board of Dental Examiners; (5) Arkansas State Medical Board; (6) Arkansas State Board of Pharmacy; (7) Board of Examiners in Speech-Language Pathology and Audiology; and (8) State Board of Optometry.

(1) Arkansas Board of Podiatric Medicine;

(2) Arkansas Psychology Board;

(3) Arkansas Social Work Licensing Board;

(4) Arkansas State Board of Dental Examiners;

(5) Arkansas State Medical Board;

(6) Arkansas State Board of Pharmacy;

(7) Board of Examiners in Speech-Language Pathology and Audiology; and

(8) State Board of Optometry.

(f) This section does not change or affect any existing delineations for minority appointments.

Acts 2009, No. 1490, § 1.
Ark. Code Ann. § 17-26-201 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-201
Creation - Members
Status: in_force

(a) There is created the Cosmetology Technical Advisory Committee. (b) (1) The committee shall consist of eleven (11) members appointed by the State Board of Health to two-year terms. (2) A member may be removed from the committee by the board for cause. (3) A member shall not serve more than ten (10) years on the committee. (c) The committee shall be composed of the following representatives from within the cosmetology industry who are at least twenty-five (25) years of age: (1) One (1) member shall be a licensed cosmetologist actively engaged in practicing the art of cosmetology for at least five (5) years at the time of appointment; (2) One (1) member shall be a licensed nail technician; (3) One (1) member shall be an owner of a licensed school of cosmetology or shall be a director of cosmetology at a state-supported school; (4) One (1) member shall be a licensed aesthetician; (5) Three (3) members shall represent the cosmetology industry at large or a related field; (6) One (1) member shall be a licensed permanent cosmetic artist actively engaged in the practice of permanent cosmetics for a minimum of five (5) years in the State of Arkansas at the time of the appointment; (7) One (1) member shall represent the body art industry; (8) One (1) member shall be a licensed tattoo artist actively engaged in the practice of tattooing for a minimum of five (5) years in the State of Arkansas at the time of the appointment; and (9) One (1) member shall be a licensed piercing artist actively engaged in the practice of piercing for a minimum of five (5) years in the State of Arkansas at the time of the appointment. (d) (1) A member of the committee shall not be directly or indirectly connected with the wholesale business of the manufacture, rental, sale, or distribution of cosmetological appliances or supplies. (2) A member of the committee shall not have a contract or a pending bid for a contract with the Department of Health concerning cosmetology. (e) Only two (2) members of the committee may be appointed from any one (1) congressional district. (f) Vacancies occurring during a term shall be filled for the unexpired term. (g) Before entering upon the discharge of his or her duties, each member shall make and file with the Secretary of State the oath of office prescribed by Arkansas Constitution, Article 19, § 20. (h) Each member of the committee may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (i) The board shall promulgate by rule the duties and powers of the committee. Amended by Act 2023, No. 688,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 900,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 990,§ 30, eff. 7/24/2019. Acts 1955, No. 358, Art. 1, §§ 2, 3, 11; 1973, No. 566, § 2; 1975, No. 532, §§ 1, 2; 1977, No. 420, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 215, § 1; A.S.A. 1947, §§ 6-623 -- 6-626, 71-815, 71-816, 71-824; Acts 1997, No. 250, § 133; 2001, No. 1553, § 24; 2003, No. 69, § 6; 2007, No. 223, § 5; 2007, No. 244, § 1; 2009, No. 4, § 3; 2009, No. 381, § 1.

(a) There is created the Cosmetology Technical Advisory Committee.

(b) (1) The committee shall consist of eleven (11) members appointed by the State Board of Health to two-year terms. (2) A member may be removed from the committee by the board for cause. (3) A member shall not serve more than ten (10) years on the committee.

(1) The committee shall consist of eleven (11) members appointed by the State Board of Health to two-year terms.

(2) A member may be removed from the committee by the board for cause.

(3) A member shall not serve more than ten (10) years on the committee.

(c) The committee shall be composed of the following representatives from within the cosmetology industry who are at least twenty-five (25) years of age: (1) One (1) member shall be a licensed cosmetologist actively engaged in practicing the art of cosmetology for at least five (5) years at the time of appointment; (2) One (1) member shall be a licensed nail technician; (3) One (1) member shall be an owner of a licensed school of cosmetology or shall be a director of cosmetology at a state-supported school; (4) One (1) member shall be a licensed aesthetician; (5) Three (3) members shall represent the cosmetology industry at large or a related field; (6) One (1) member shall be a licensed permanent cosmetic artist actively engaged in the practice of permanent cosmetics for a minimum of five (5) years in the State of Arkansas at the time of the appointment; (7) One (1) member shall represent the body art industry; (8) One (1) member shall be a licensed tattoo artist actively engaged in the practice of tattooing for a minimum of five (5) years in the State of Arkansas at the time of the appointment; and (9) One (1) member shall be a licensed piercing artist actively engaged in the practice of piercing for a minimum of five (5) years in the State of Arkansas at the time of the appointment.

(1) One (1) member shall be a licensed cosmetologist actively engaged in practicing the art of cosmetology for at least five (5) years at the time of appointment;

(2) One (1) member shall be a licensed nail technician;

(3) One (1) member shall be an owner of a licensed school of cosmetology or shall be a director of cosmetology at a state-supported school;

(4) One (1) member shall be a licensed aesthetician;

(5) Three (3) members shall represent the cosmetology industry at large or a related field;

(6) One (1) member shall be a licensed permanent cosmetic artist actively engaged in the practice of permanent cosmetics for a minimum of five (5) years in the State of Arkansas at the time of the appointment;

(7) One (1) member shall represent the body art industry;

(8) One (1) member shall be a licensed tattoo artist actively engaged in the practice of tattooing for a minimum of five (5) years in the State of Arkansas at the time of the appointment; and

(9) One (1) member shall be a licensed piercing artist actively engaged in the practice of piercing for a minimum of five (5) years in the State of Arkansas at the time of the appointment.

(d) (1) A member of the committee shall not be directly or indirectly connected with the wholesale business of the manufacture, rental, sale, or distribution of cosmetological appliances or supplies. (2) A member of the committee shall not have a contract or a pending bid for a contract with the Department of Health concerning cosmetology.

(1) A member of the committee shall not be directly or indirectly connected with the wholesale business of the manufacture, rental, sale, or distribution of cosmetological appliances or supplies.

(2) A member of the committee shall not have a contract or a pending bid for a contract with the Department of Health concerning cosmetology.

(e) Only two (2) members of the committee may be appointed from any one (1) congressional district.

(f) Vacancies occurring during a term shall be filled for the unexpired term.

(g) Before entering upon the discharge of his or her duties, each member shall make and file with the Secretary of State the oath of office prescribed by Arkansas Constitution, Article 19, § 20.

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

(i) The board shall promulgate by rule the duties and powers of the committee.

Amended by Act 2023, No. 688,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 900,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 990,§ 30, eff. 7/24/2019.

Acts 1955, No. 358, Art. 1, §§ 2, 3, 11; 1973, No. 566, § 2; 1975, No. 532, §§ 1, 2; 1977, No. 420, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 215, § 1; A.S.A. 1947, §§ 6-623 -- 6-626, 71-815, 71-816, 71-824; Acts 1997, No. 250, § 133; 2001, No. 1553, § 24; 2003, No. 69, § 6; 2007, No. 223, § 5; 2007, No. 244, § 1; 2009, No. 4, § 3; 2009, No. 381, § 1.
Ark. Code Ann. § 17-27-105 — AR Code / Title 17 / Chapter 27 / Subchapter 1 / Section 17-27-105
Injunctions
Status: in_force

The courts of this state are vested with the jurisdiction and power to enjoin the unlawful practice of counseling or false representation as a licensed counselor in any proceeding brought by the Arkansas Board of Examiners in Counseling or by any member thereof or by any citizen of this state. Acts 1979, No. 593, § 16; A.S.A. 1947, § 71-5216.

The courts of this state are vested with the jurisdiction and power to enjoin the unlawful practice of counseling or false representation as a licensed counselor in any proceeding brought by the Arkansas Board of Examiners in Counseling or by any member thereof or by any citizen of this state.

Acts 1979, No. 593, § 16; A.S.A. 1947, § 71-5216.
Ark. Code Ann. § 17-38-408 — AR Code / Title 17 / Chapter 38 / Subchapter 4 / Section 17-38-408
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 478, eff. 7/1/2019. Acts 1987, No. 768, § 5; 1991, No. 412, § 7.

Repealed by Act 2019, No. 910,§ 478, eff. 7/1/2019.

Acts 1987, No. 768, § 5; 1991, No. 412, § 7.
Ark. Code Ann. § 17-17-103 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-103
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Auction" means: (A) A sales transaction conducted in person or electronically by means of one (1) or more oral or written exchanges between an auctioneer and a member of his or her audience, which includes an invitation for an offer for the purchase of personal property made by the auctioneer and an offer to purchase made by a member of his or her audience and culminates in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience, if the sales transaction offers personal property: (i) Located within this state; or (ii) From a location within this state; (B) All transactions associated with what is commonly known and advertised as an estate sale in which an owner, homeowner, or representative of a deceased homeowner engages a person to offer for sale personal property at a specific location to liquidate some or all of the personal property: (i) Of the owner or homeowner; or (ii) Currently or formerly owned by a deceased homeowner; or (C) A sales transaction conducted in connection with any sale of personal property advertised as an auction or estate sale; (2) "Auction house" means an individual or entity that provides a facility for conducting an auction other than an estate sale; (3) "Auctioneer" means any person who conducts an auction; (4) "Goods" means any chattels, goods, merchandise, or personal property, or commodities of any form or type, which may be lawfully kept or offered for sale; (5) "Livestock auction barn" means a place where livestock is sold on a regular basis to the public; (6) "Livestock auction barn auctioneer" means an auctioneer who is solely engaged in the selling of livestock on a regular basis at one (1) or more locations; and (7) "Persons" includes individuals, associations, partnerships, and corporations, and the word "persons" shall also include the officers, directors, and employees of a corporation. Amended by Act 2023, No. 677,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 386,§ 2, eff. 7/24/2019. Acts 1989, No. 266, § 3.

As used in this chapter, unless the context otherwise requires:

(1) "Auction" means: (A) A sales transaction conducted in person or electronically by means of one (1) or more oral or written exchanges between an auctioneer and a member of his or her audience, which includes an invitation for an offer for the purchase of personal property made by the auctioneer and an offer to purchase made by a member of his or her audience and culminates in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience, if the sales transaction offers personal property: (i) Located within this state; or (ii) From a location within this state; (B) All transactions associated with what is commonly known and advertised as an estate sale in which an owner, homeowner, or representative of a deceased homeowner engages a person to offer for sale personal property at a specific location to liquidate some or all of the personal property: (i) Of the owner or homeowner; or (ii) Currently or formerly owned by a deceased homeowner; or (C) A sales transaction conducted in connection with any sale of personal property advertised as an auction or estate sale;

(A) A sales transaction conducted in person or electronically by means of one (1) or more oral or written exchanges between an auctioneer and a member of his or her audience, which includes an invitation for an offer for the purchase of personal property made by the auctioneer and an offer to purchase made by a member of his or her audience and culminates in the acceptance by the auctioneer of the highest or most favorable offer made by a member of the participating audience, if the sales transaction offers personal property: (i) Located within this state; or (ii) From a location within this state;

(i) Located within this state; or

(ii) From a location within this state;

(B) All transactions associated with what is commonly known and advertised as an estate sale in which an owner, homeowner, or representative of a deceased homeowner engages a person to offer for sale personal property at a specific location to liquidate some or all of the personal property: (i) Of the owner or homeowner; or (ii) Currently or formerly owned by a deceased homeowner; or

(i) Of the owner or homeowner; or

(ii) Currently or formerly owned by a deceased homeowner; or

(C) A sales transaction conducted in connection with any sale of personal property advertised as an auction or estate sale;

(2) "Auction house" means an individual or entity that provides a facility for conducting an auction other than an estate sale;

(3) "Auctioneer" means any person who conducts an auction;

(4) "Goods" means any chattels, goods, merchandise, or personal property, or commodities of any form or type, which may be lawfully kept or offered for sale;

(5) "Livestock auction barn" means a place where livestock is sold on a regular basis to the public;

(6) "Livestock auction barn auctioneer" means an auctioneer who is solely engaged in the selling of livestock on a regular basis at one (1) or more locations; and

(7) "Persons" includes individuals, associations, partnerships, and corporations, and the word "persons" shall also include the officers, directors, and employees of a corporation.

Amended by Act 2023, No. 677,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 386,§ 2, eff. 7/24/2019.

Acts 1989, No. 266, § 3.
Ark. Code Ann. § 17-93-202 — AR Code / Title 17 / Chapter 93 / Subchapter 2 / Section 17-93-202
Powers and duties
Status: in_force

(a) The Arkansas State Board of Physical Therapy shall: (1) Pass upon the qualifications of applicants for licensure of physical therapists and physical therapist assistants; (2) Provide for the examinations of physical therapists and physical therapist assistants; (3) Determine the applicants who successfully pass the examinations; and (4) License applicants who meet the qualifications provided in this chapter. (b) In addition to other powers and duties set forth in this chapter, the board shall: (1) Adopt reasonable rules and require the payment of license fees adequate to carry out the purposes of this chapter; (2) Investigate reported violations of this chapter and take such steps as may be necessary to enforce this chapter; (3) Keep a record of its proceedings; and (4) (A) Compile and maintain a list of all licensed physical therapists and physical therapist assistants in the State of Arkansas. (B) The board shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list. (c) In addition to other powers and duties set forth in this chapter, the board may: (1) Establish mechanisms for assessing the continuing competence of physical therapists and physical therapist assistants to practice physical therapy; (2) Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the board if required by law; (3) Report information of alleged unlawful conduct by licensees, unlicensed individuals, and other healthcare providers and entities to the appropriate county, state, or federal authority; and (4) Publish a report at least annually of all final disciplinary actions taken against licensees of the board. Acts 1959, No. 141, § 3; 1973, No. 139, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-1319; Acts 1991, No. 1232, § 2; 2001, No. 1412, § 3; 2009, No. 1471, § 3.

(a) The Arkansas State Board of Physical Therapy shall: (1) Pass upon the qualifications of applicants for licensure of physical therapists and physical therapist assistants; (2) Provide for the examinations of physical therapists and physical therapist assistants; (3) Determine the applicants who successfully pass the examinations; and (4) License applicants who meet the qualifications provided in this chapter.

(1) Pass upon the qualifications of applicants for licensure of physical therapists and physical therapist assistants;

(2) Provide for the examinations of physical therapists and physical therapist assistants;

(3) Determine the applicants who successfully pass the examinations; and

(4) License applicants who meet the qualifications provided in this chapter.

(b) In addition to other powers and duties set forth in this chapter, the board shall: (1) Adopt reasonable rules and require the payment of license fees adequate to carry out the purposes of this chapter; (2) Investigate reported violations of this chapter and take such steps as may be necessary to enforce this chapter; (3) Keep a record of its proceedings; and (4) (A) Compile and maintain a list of all licensed physical therapists and physical therapist assistants in the State of Arkansas. (B) The board shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list.

(1) Adopt reasonable rules and require the payment of license fees adequate to carry out the purposes of this chapter;

(2) Investigate reported violations of this chapter and take such steps as may be necessary to enforce this chapter;

(3) Keep a record of its proceedings; and

(4) (A) Compile and maintain a list of all licensed physical therapists and physical therapist assistants in the State of Arkansas. (B) The board shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list.

(A) Compile and maintain a list of all licensed physical therapists and physical therapist assistants in the State of Arkansas.

(B) The board shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list.

(c) In addition to other powers and duties set forth in this chapter, the board may: (1) Establish mechanisms for assessing the continuing competence of physical therapists and physical therapist assistants to practice physical therapy; (2) Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the board if required by law; (3) Report information of alleged unlawful conduct by licensees, unlicensed individuals, and other healthcare providers and entities to the appropriate county, state, or federal authority; and (4) Publish a report at least annually of all final disciplinary actions taken against licensees of the board.

(1) Establish mechanisms for assessing the continuing competence of physical therapists and physical therapist assistants to practice physical therapy;

(2) Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the board if required by law;

(3) Report information of alleged unlawful conduct by licensees, unlicensed individuals, and other healthcare providers and entities to the appropriate county, state, or federal authority; and

(4) Publish a report at least annually of all final disciplinary actions taken against licensees of the board.

Acts 1959, No. 141, § 3; 1973, No. 139, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-1319; Acts 1991, No. 1232, § 2; 2001, No. 1412, § 3; 2009, No. 1471, § 3.
Ark. Code Ann. § 17-103-305 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-305
Renewal, revocation, suspension - Disciplinary proceedings
Status: in_force

(a) The Arkansas Social Work Licensing Board may refuse to issue or renew a license or may revoke or suspend a license issued under this chapter or may impose other appropriate restrictions or additional impositions, including without limitation supervision, probation, counseling, reporting, drug screening, and additional continuing education for any of the following causes or reasons: (1) Violation of a provision of this chapter; (2) Gross negligence in the practice of social work; (3) Engaging in a course of unprofessional conduct as defined by the rules established by the board or violation of the code of ethics made and published by the board; or (4) Failing to meet one (1) of the qualifications for issuance of a license under § 17-103-307 . (b) The board shall refuse to issue or shall revoke the license of a person who has been found guilty of a felony listed under § 17-3-102 or criminal offense involving violence, dishonesty, fraud, deceit, breach of client trust, or abuse of the vulnerable unless the person requests and the board grants a waiver under § 17-3-102(b) . (c) (1) The board shall conduct hearings. (2) Decisions shall be determined by a majority vote of the board. All proceedings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 990,§ 123, eff. 7/24/2019. Amended by Act 2015, No. 1170,§ 6, eff. 7/22/2015. Acts 1999, No. 1122, § 1.

(a) The Arkansas Social Work Licensing Board may refuse to issue or renew a license or may revoke or suspend a license issued under this chapter or may impose other appropriate restrictions or additional impositions, including without limitation supervision, probation, counseling, reporting, drug screening, and additional continuing education for any of the following causes or reasons: (1) Violation of a provision of this chapter; (2) Gross negligence in the practice of social work; (3) Engaging in a course of unprofessional conduct as defined by the rules established by the board or violation of the code of ethics made and published by the board; or (4) Failing to meet one (1) of the qualifications for issuance of a license under § 17-103-307 .

(1) Violation of a provision of this chapter;

(2) Gross negligence in the practice of social work;

(3) Engaging in a course of unprofessional conduct as defined by the rules established by the board or violation of the code of ethics made and published by the board; or

(4) Failing to meet one (1) of the qualifications for issuance of a license under § 17-103-307 .

(b) The board shall refuse to issue or shall revoke the license of a person who has been found guilty of a felony listed under § 17-3-102 or criminal offense involving violence, dishonesty, fraud, deceit, breach of client trust, or abuse of the vulnerable unless the person requests and the board grants a waiver under § 17-3-102(b) .

(c) (1) The board shall conduct hearings. (2) Decisions shall be determined by a majority vote of the board. All proceedings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The board shall conduct hearings.

(2) Decisions shall be determined by a majority vote of the board. All proceedings shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 990,§ 123, eff. 7/24/2019.

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

Acts 1999, No. 1122, § 1.
Ark. Code Ann. § 17-32-307 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-307
Fees - Renewal - Date of filing
Status: in_force

(a) The schedule of fees is as follows: (1) Application for registered geologist, twenty dollars ($20.00); (2) Initial or comity registration, sixty dollars ($60.00); (3) Geologist-in-training certificate, ten dollars ($10.00); (4) Geologist-in-training certificate renewal fee, twenty dollars ($20.00); (5) Geologist registration renewal fee, a maximum of sixty dollars ($60.00) per year to be set by the State Board of Registration for Professional Geologists; and (6) Temporary work permit fee, a maximum of six hundred dollars ($600) per occurrence to be set by the board. (b) The registration shall expire on a date to be set by rule by the board. (c) Late renewal applications submitted during a six-month penalty period following expiration must be accompanied by a fee equal to the renewal fee plus a fifty percent (50%) penalty fee. (d) (1) Registrations not renewed before the end of the six-month penalty period shall not be subject to renewal. (2) Any consideration for registration reinstatement after the six-month penalty period shall be at the discretion of the board and requires submission of a reinstatement application with the required reinstatement fee of two (2) times the renewal fee. (e) The date of the filing fee when transmitted through the mail shall be that date shown by the post office cancellation mark appearing on the envelope containing the fee. Acts 1987, No. 470, § 15; 1987, No. 701, § 16; 1991, No. 1176, § 2; 2005, No. 676, § 9.

(a) The schedule of fees is as follows: (1) Application for registered geologist, twenty dollars ($20.00); (2) Initial or comity registration, sixty dollars ($60.00); (3) Geologist-in-training certificate, ten dollars ($10.00); (4) Geologist-in-training certificate renewal fee, twenty dollars ($20.00); (5) Geologist registration renewal fee, a maximum of sixty dollars ($60.00) per year to be set by the State Board of Registration for Professional Geologists; and (6) Temporary work permit fee, a maximum of six hundred dollars ($600) per occurrence to be set by the board.

(1) Application for registered geologist, twenty dollars ($20.00);

(2) Initial or comity registration, sixty dollars ($60.00);

(3) Geologist-in-training certificate, ten dollars ($10.00);

(4) Geologist-in-training certificate renewal fee, twenty dollars ($20.00);

(5) Geologist registration renewal fee, a maximum of sixty dollars ($60.00) per year to be set by the State Board of Registration for Professional Geologists; and

(6) Temporary work permit fee, a maximum of six hundred dollars ($600) per occurrence to be set by the board.

(b) The registration shall expire on a date to be set by rule by the board.

(c) Late renewal applications submitted during a six-month penalty period following expiration must be accompanied by a fee equal to the renewal fee plus a fifty percent (50%) penalty fee.

(d) (1) Registrations not renewed before the end of the six-month penalty period shall not be subject to renewal. (2) Any consideration for registration reinstatement after the six-month penalty period shall be at the discretion of the board and requires submission of a reinstatement application with the required reinstatement fee of two (2) times the renewal fee.

(1) Registrations not renewed before the end of the six-month penalty period shall not be subject to renewal.

(2) Any consideration for registration reinstatement after the six-month penalty period shall be at the discretion of the board and requires submission of a reinstatement application with the required reinstatement fee of two (2) times the renewal fee.

(e) The date of the filing fee when transmitted through the mail shall be that date shown by the post office cancellation mark appearing on the envelope containing the fee.

Acts 1987, No. 470, § 15; 1987, No. 701, § 16; 1991, No. 1176, § 2; 2005, No. 676, § 9.
Ark. Code Ann. § 17-105-121 — AR Code / Title 17 / Chapter 105 / Section 17-105-121
Physician assistant employment - Uniform Classification Plan
Status: in_force

(a) The Office of Personnel Management shall establish and maintain a position classification of physician assistant. The initial position classification shall mirror the Veterans Health Administration Directive 10-95-020 of March 3, 1995, and the United States Department of Veterans Affairs regulation as embodied in: (1) MP-5, Part II, Chapter 2, Change 2, Appendix H; and (2) MP-5, Part II, Chapter 5, Change 5. (b) Modifications or changes in the future to the state position classification of physician assistant shall only be made based upon the concurrence of the physician assistant advisory committee. Amended by Act 2019, No. 910,§ 6077, eff. 7/1/2019. Acts 1999, No. 851, § 21.

(a) The Office of Personnel Management shall establish and maintain a position classification of physician assistant. The initial position classification shall mirror the Veterans Health Administration Directive 10-95-020 of March 3, 1995, and the United States Department of Veterans Affairs regulation as embodied in: (1) MP-5, Part II, Chapter 2, Change 2, Appendix H; and (2) MP-5, Part II, Chapter 5, Change 5.

(1) MP-5, Part II, Chapter 2, Change 2, Appendix H; and

(2) MP-5, Part II, Chapter 5, Change 5.

(b) Modifications or changes in the future to the state position classification of physician assistant shall only be made based upon the concurrence of the physician assistant advisory committee.

Amended by Act 2019, No. 910,§ 6077, eff. 7/1/2019.

Acts 1999, No. 851, § 21.
Ark. Code Ann. § 17-92-111 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-111
Construction of Acts 1997, No. 1204
Status: in_force

Nothing in this act shall be construed to authorize or permit any licensed or registered pharmacist to examine, diagnose, treat, or manage diseases or conditions of the human eye, lid, adnexa, or visual system or to adapt, fill duplicate, modify, prescribe, or sell contact lenses or prescription eyeglasses. Acts 1997, No. 1204, § 5.

Nothing in this act shall be construed to authorize or permit any licensed or registered pharmacist to examine, diagnose, treat, or manage diseases or conditions of the human eye, lid, adnexa, or visual system or to adapt, fill duplicate, modify, prescribe, or sell contact lenses or prescription eyeglasses.

Acts 1997, No. 1204, § 5.
Ark. Code Ann. § 17-23-208 — AR Code / Title 17 / Chapter 23 / Subchapter 2 / Section 17-23-208
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1213,§ 5, eff. 8/16/2013. Acts 1981, No. 87, § 8; A.S.A. 1947, § 71-5408.

Repealed by Act 2013, No. 1213,§ 5, eff. 8/16/2013.

Acts 1981, No. 87, § 8; A.S.A. 1947, § 71-5408.
Ark. Code Ann. § 17-39-311 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-311
Injunction
Status: in_force

(a) If a person violates this subchapter, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in the circuit court having jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter. (b) (1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter, may issue a temporary injunction without notice or bond enjoining the continued violation. (2) If it is established that the person has violated or is violating this subchapter, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter. (c) In case of violation of any order or decree issued under this section, the court may sentence the offender for contempt of court. (d) Punishment for a violation under this section shall be in addition to, but not in lieu of, all other remedies and penalties provided by this subchapter. Amended by Act 2019, No. 910,§ 5957, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 36, eff. 9/1/2015. Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.

(a) If a person violates this subchapter, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in the circuit court having jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter.

(b) (1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter, may issue a temporary injunction without notice or bond enjoining the continued violation. (2) If it is established that the person has violated or is violating this subchapter, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter.

(1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter, may issue a temporary injunction without notice or bond enjoining the continued violation.

(2) If it is established that the person has violated or is violating this subchapter, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter.

(c) In case of violation of any order or decree issued under this section, the court may sentence the offender for contempt of court.

(d) Punishment for a violation under this section shall be in addition to, but not in lieu of, all other remedies and penalties provided by this subchapter.

Amended by Act 2019, No. 910,§ 5957, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 36, eff. 9/1/2015.

Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 17-24-508 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-508
Validation of debts
Status: in_force

(a) At the time of the initial communication or within five (5) days after the initial communication with a consumer in connection with the collection of a debt, unless the consumer has paid the debt, a debt collector shall send the consumer a written notice containing: (1) The amount of the debt; (2) The name of the creditor to whom the debt is owed; (3) A statement that unless the consumer within thirty (30) days after receipt of the notice disputes the validity of the debt or a portion of the debt, the debt will be assumed to be valid by the debt collector; (4) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt or a portion of the debt is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of the verification or judgment will be mailed to the consumer by the debt collector; and (5) A statement that upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt or a portion of the debt is disputed or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or a disputed portion of the debt until the debt collector obtains verification of the debt or a copy of a judgment or the name and address of the original creditor, and a copy of the verification or judgment or name and address of the original creditor is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section is not an admission of liability by the consumer. Acts 2009, No. 1455, § 1.

(a) At the time of the initial communication or within five (5) days after the initial communication with a consumer in connection with the collection of a debt, unless the consumer has paid the debt, a debt collector shall send the consumer a written notice containing: (1) The amount of the debt; (2) The name of the creditor to whom the debt is owed; (3) A statement that unless the consumer within thirty (30) days after receipt of the notice disputes the validity of the debt or a portion of the debt, the debt will be assumed to be valid by the debt collector; (4) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt or a portion of the debt is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of the verification or judgment will be mailed to the consumer by the debt collector; and (5) A statement that upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor.

(1) The amount of the debt;

(2) The name of the creditor to whom the debt is owed;

(3) A statement that unless the consumer within thirty (30) days after receipt of the notice disputes the validity of the debt or a portion of the debt, the debt will be assumed to be valid by the debt collector;

(4) A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt or a portion of the debt is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of the verification or judgment will be mailed to the consumer by the debt collector; and

(5) A statement that upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt or a portion of the debt is disputed or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or a disputed portion of the debt until the debt collector obtains verification of the debt or a copy of a judgment or the name and address of the original creditor, and a copy of the verification or judgment or name and address of the original creditor is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section is not an admission of liability by the consumer.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-25-316 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-316
Workers' compensation coverage required
Status: in_force

(a) A contractor required to be licensed or registered by the Contractors Licensing Board shall obtain and maintain workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq. (b) The board shall require proof of current workers' compensation coverage before issuing or renewing a license or registration to a contractor required to have workers' compensation coverage under the Workers' Compensation Law, § 11-9-101 et seq. (c) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the board, the board may revoke or suspend the contractor's license or registration. (2) A contractor's license or registration that has been revoked or suspended due to failure to maintain workers' compensation coverage may be reinstated upon receipt by the board of proof that the contractor has secured workers' compensation coverage. (d) The board shall promulgate rules necessary to enforce this section. Amended by Act 2019, No. 805,§ 18, eff. 7/1/2020. Acts 2009, No. 327, § 5.

(a) A contractor required to be licensed or registered by the Contractors Licensing Board shall obtain and maintain workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq.

(b) The board shall require proof of current workers' compensation coverage before issuing or renewing a license or registration to a contractor required to have workers' compensation coverage under the Workers' Compensation Law, § 11-9-101 et seq.

(c) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the board, the board may revoke or suspend the contractor's license or registration. (2) A contractor's license or registration that has been revoked or suspended due to failure to maintain workers' compensation coverage may be reinstated upon receipt by the board of proof that the contractor has secured workers' compensation coverage.

(1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the board, the board may revoke or suspend the contractor's license or registration.

(2) A contractor's license or registration that has been revoked or suspended due to failure to maintain workers' compensation coverage may be reinstated upon receipt by the board of proof that the contractor has secured workers' compensation coverage.

(d) The board shall promulgate rules necessary to enforce this section.

Amended by Act 2019, No. 805,§ 18, eff. 7/1/2020.

Acts 2009, No. 327, § 5.
Ark. Code Ann. § 17-86-101 — AR Code / Title 17 / Chapter 86 / Subchapter 1 / Section 17-86-101
Short title
Status: in_force

This chapter may be referred to and cited as the "Massage Therapy Act". Acts 1981, No. 875, § 1; A.S.A. 1947, § 72-1201; Acts 1991, No. 1217, § 1.

This chapter may be referred to and cited as the "Massage Therapy Act".

Acts 1981, No. 875, § 1; A.S.A. 1947, § 72-1201; Acts 1991, No. 1217, § 1.
Ark. Code Ann. § 17-90-204 — AR Code / Title 17 / Chapter 90 / Subchapter 2 / Section 17-90-204
Powers and duties
Status: in_force

The State Board of Optometry shall have the following powers in addition to those conferred elsewhere within this chapter: (1) To make rules for the administration and enforcement of this chapter; (2) To revoke, suspend, or refuse to renew any certificate of license in the manner and for the causes set forth in this chapter; (3) To determine what acts on the part of any person licensed under this chapter shall constitute unprofessional conduct; (4) [Repealed.] (5) To bring suit in its proper name to enforce or restrain the violation of any provision of this chapter; (6) To administer oaths, to have an official seal, or to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board; (7) (A) To levy civil penalties, after providing notice and a hearing, in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals, firms, or corporations found to be in violation of this chapter or rules promulgated thereunder. (B) These penalties shall be used for the purposes of defraying the expenses of the board and as required for carrying out the provisions of this chapter. (C) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter. (D) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid; (8) To promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board; and (9) To establish credentialing requirements for a licensee to administer or perform procedures as listed in § 17-90-101(a)(3)(D) . Amended by Act 2019, No. 315,§ 1560, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1559, eff. 7/24/2019. Amended by Act 2019, No. 579,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4883, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 10, eff. 8/1/2017. Acts 1941, No. 94, § 8; A.S.A. 1947, § 72-811; Acts 1993, No. 474, § 1.

The State Board of Optometry shall have the following powers in addition to those conferred elsewhere within this chapter:

(1) To make rules for the administration and enforcement of this chapter;

(2) To revoke, suspend, or refuse to renew any certificate of license in the manner and for the causes set forth in this chapter;

(3) To determine what acts on the part of any person licensed under this chapter shall constitute unprofessional conduct;

(4) [Repealed.]

(5) To bring suit in its proper name to enforce or restrain the violation of any provision of this chapter;

(6) To administer oaths, to have an official seal, or to issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board;

(7) (A) To levy civil penalties, after providing notice and a hearing, in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals, firms, or corporations found to be in violation of this chapter or rules promulgated thereunder. (B) These penalties shall be used for the purposes of defraying the expenses of the board and as required for carrying out the provisions of this chapter. (C) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter. (D) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid;

(A) To levy civil penalties, after providing notice and a hearing, in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals, firms, or corporations found to be in violation of this chapter or rules promulgated thereunder.

(B) These penalties shall be used for the purposes of defraying the expenses of the board and as required for carrying out the provisions of this chapter.

(C) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter.

(D) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid;

(8) To promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board; and

(9) To establish credentialing requirements for a licensee to administer or perform procedures as listed in § 17-90-101(a)(3)(D) .

Amended by Act 2019, No. 315,§ 1560, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1559, eff. 7/24/2019.

Amended by Act 2019, No. 579,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4883, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 10, eff. 8/1/2017.

Acts 1941, No. 94, § 8; A.S.A. 1947, § 72-811; Acts 1993, No. 474, § 1.
Ark. Code Ann. § 17-42-107 — AR Code / Title 17 / Chapter 42 / Subchapter 1 / Section 17-42-107
Capacity to sue and be sued - Definition
Status: in_force

(a) An action or suit shall not be instituted, nor recovery be had, in any court of this state by any person or other legal entity for compensation for performance of any acts described in § 17-42-103(10) unless at the time of offering to perform and performing any such act or procuring any promise to contract for the payment of compensation for any such contemplated act: (1) The person holds an active license under this chapter as a principal broker; or (2) The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under § 17-42-301(f) while licensed or approved by the commission at the time of the acts. (b) No salesperson, executive broker, or associate broker may sue in his or her own capacity for the recovery of fees, commissions, or compensation for services as a salesperson, executive broker, or associate broker unless the action is against the principal broker with whom he or she is licensed or was licensed at the time the acts were performed. (c) (1) As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process. (2) In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under § 17-42-103 shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner: (A) When acting as an agent for service of process for a nonresident owner; (B) Arising from the agent's performance of duties as the agent for service of process; and (C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner. (3) This subsection supersedes any provision of common law to the contrary. Acts 1993, No. 690, § 8; 2001, No. 1172, § 1; 2005, No. 1840, § 1; 2011, No. 865, § 5.

(a) An action or suit shall not be instituted, nor recovery be had, in any court of this state by any person or other legal entity for compensation for performance of any acts described in § 17-42-103(10) unless at the time of offering to perform and performing any such act or procuring any promise to contract for the payment of compensation for any such contemplated act: (1) The person holds an active license under this chapter as a principal broker; or (2) The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under § 17-42-301(f) while licensed or approved by the commission at the time of the acts.

(1) The person holds an active license under this chapter as a principal broker; or

(2) The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under § 17-42-301(f) while licensed or approved by the commission at the time of the acts.

(b) No salesperson, executive broker, or associate broker may sue in his or her own capacity for the recovery of fees, commissions, or compensation for services as a salesperson, executive broker, or associate broker unless the action is against the principal broker with whom he or she is licensed or was licensed at the time the acts were performed.

(c) (1) As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process. (2) In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under § 17-42-103 shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner: (A) When acting as an agent for service of process for a nonresident owner; (B) Arising from the agent's performance of duties as the agent for service of process; and (C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner. (3) This subsection supersedes any provision of common law to the contrary.

(1) As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process.

(2) In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under § 17-42-103 shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner: (A) When acting as an agent for service of process for a nonresident owner; (B) Arising from the agent's performance of duties as the agent for service of process; and (C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner.

(A) When acting as an agent for service of process for a nonresident owner;

(B) Arising from the agent's performance of duties as the agent for service of process; and

(C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner.

(3) This subsection supersedes any provision of common law to the contrary.

Acts 1993, No. 690, § 8; 2001, No. 1172, § 1; 2005, No. 1840, § 1; 2011, No. 865, § 5.
Ark. Code Ann. § 17-7-105 — AR Code / Title 17 / Chapter 7 / Section 17-7-105
Responsibilities of occupational licensing entities
Status: in_force

An occupational licensing entity shall: (1) Provide automatic occupational licensure to an individual listed in § 17-7-104 ; (2) Post prominently on the occupational licensing entity's website a link entitled "Out-of-State Licensure" that leads directly to information applicable to an individual licensed under § 17-7-104 ; and (3) Provide to the Legislative Council an annual report stating the number of individuals granted automatic occupational licensure under this chapter. Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.

An occupational licensing entity shall:

(1) Provide automatic occupational licensure to an individual listed in § 17-7-104 ;

(2) Post prominently on the occupational licensing entity's website a link entitled "Out-of-State Licensure" that leads directly to information applicable to an individual licensed under § 17-7-104 ; and

(3) Provide to the Legislative Council an annual report stating the number of individuals granted automatic occupational licensure under this chapter.

Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-15-308 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-308
Grounds for revocation
Status: in_force

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may revoke the certificate of registration and license of an architect upon proof that: (1) The holder of the certificate of registration or license is practicing in violation of this chapter or of the proper rules of the board governing this chapter; (2) The license or certificate of registration has been obtained by fraud or misrepresentation or the person named therein has obtained it by fraud or misrepresentation; (3) Money other than the regular fees provided for has been paid for the license or certificate of registration; (4) The holder of the license or certificate of registration is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name; (5) The holder of the license or certificate of registration has been guilty of a felony listed under § 17-3-102 ; (6) The holder of the license or certificate of registration has aided or abetted in the practice of architecture a person not duly authorized to practice architecture under this chapter; (7) The holder of the license or certificate of registration has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of architecture; (8) The holder of the certificate of registration or license has been guilty of gross incompetency or recklessness in the construction or designing of buildings; (9) The holder of the license or certificate of registration affixed or permitted to be affixed his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by him or her or under his or her responsible supervisory control; or (10) The holder of the license or certificate of registration has been adjudged mentally incapable by a court of competent jurisdiction. Amended by Act 2019, No. 990,§ 18, eff. 7/24/2019. Acts 1941, No. 270, § 10; 1971, No. 582, § 7; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may revoke the certificate of registration and license of an architect upon proof that:

(1) The holder of the certificate of registration or license is practicing in violation of this chapter or of the proper rules of the board governing this chapter;

(2) The license or certificate of registration has been obtained by fraud or misrepresentation or the person named therein has obtained it by fraud or misrepresentation;

(3) Money other than the regular fees provided for has been paid for the license or certificate of registration;

(4) The holder of the license or certificate of registration is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name;

(5) The holder of the license or certificate of registration has been guilty of a felony listed under § 17-3-102 ;

(6) The holder of the license or certificate of registration has aided or abetted in the practice of architecture a person not duly authorized to practice architecture under this chapter;

(7) The holder of the license or certificate of registration has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of architecture;

(8) The holder of the certificate of registration or license has been guilty of gross incompetency or recklessness in the construction or designing of buildings;

(9) The holder of the license or certificate of registration affixed or permitted to be affixed his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by him or her or under his or her responsible supervisory control; or

(10) The holder of the license or certificate of registration has been adjudged mentally incapable by a court of competent jurisdiction.

Amended by Act 2019, No. 990,§ 18, eff. 7/24/2019.

Acts 1941, No. 270, § 10; 1971, No. 582, § 7; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.
Ark. Code Ann. § 17-19-110 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-110
Licensed bail bond agent
Status: in_force

(a) A licensed bail bond agent shall be permitted to write a bail bond in any county if: (1) The agent has a current license with a current licensed professional bail bond company; and (2) The agent and the agent's company are in good standing with the courts in the jurisdiction where the bond is to be posted. (b) A licensed bail bond agent shall carry a current copy of his or her professional bail bond agent license that shall indicate which professional bail bond company the bondsman works for and his or her qualifying power of attorney that is on file with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board. (c) (1) Only one (1) power of attorney per bond not exceeding the agent's qualifying power of attorney shall be permitted unless a court has separated the charges and amounts of bonds. (2) Powers of attorney shall not be stacked. Acts 1993, No. 402, § 1; 1999, No. 567, § 2; 2003, No. 1648, § 3; 2011, No. 94, § 1.

(a) A licensed bail bond agent shall be permitted to write a bail bond in any county if: (1) The agent has a current license with a current licensed professional bail bond company; and (2) The agent and the agent's company are in good standing with the courts in the jurisdiction where the bond is to be posted.

(1) The agent has a current license with a current licensed professional bail bond company; and

(2) The agent and the agent's company are in good standing with the courts in the jurisdiction where the bond is to be posted.

(b) A licensed bail bond agent shall carry a current copy of his or her professional bail bond agent license that shall indicate which professional bail bond company the bondsman works for and his or her qualifying power of attorney that is on file with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board.

(c) (1) Only one (1) power of attorney per bond not exceeding the agent's qualifying power of attorney shall be permitted unless a court has separated the charges and amounts of bonds. (2) Powers of attorney shall not be stacked.

(1) Only one (1) power of attorney per bond not exceeding the agent's qualifying power of attorney shall be permitted unless a court has separated the charges and amounts of bonds.

(2) Powers of attorney shall not be stacked.

Acts 1993, No. 402, § 1; 1999, No. 567, § 2; 2003, No. 1648, § 3; 2011, No. 94, § 1.
Ark. Code Ann. § 17-86-203 — AR Code / Title 17 / Chapter 86 / Subchapter 2 / Section 17-86-203
Powers and duties
Status: in_force

(a) (1) The State Board of Health may promulgate and enforce reasonable rules for the purpose of carrying out this chapter. (2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as to "rule" and "rulemaking" definitions and for the adoption and filing of rules. (b) (1) (A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state. (B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business. (2) The department and its agents and employees shall not request or be granted permission to enter a room of a massage therapy clinic, spa, or school in which a client is receiving treatment from a licensee under this chapter. (c) The department may hold licensing examinations from time to time at a place or places as the department may designate. (d) (1) The department may require each original applicant enrolling in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program, or applying as a new massage therapy licensee to practice in the State of Arkansas and each upgrade applicant for a license issued by the department to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) The state and federal criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (3) The applicant shall sign a release of information to the department and shall be responsible for the payment of any fees associated with the state and federal criminal background check. (4) (A) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided. (B) Results shall be sent directly to the department from the agency performing the state and federal criminal background check. (e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 . Amended by Act 2023, No. 45,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 990,§ 70, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 10, eff. 10/1/2015. Amended by Act 2015, No. 1083,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1445,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 7, eff. 8/16/2013. Acts 1981, No. 875, §§ 5, 6; A.S.A. 1947, §§ 72-1205, 72-1206; Acts 1991, No. 1217, § 1; 1993, No. 714, § 3; 1997, No. 840, § 4; 1999, No. 1461, § 6; 2009, No. 1305, § 3.

(a) (1) The State Board of Health may promulgate and enforce reasonable rules for the purpose of carrying out this chapter. (2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as to "rule" and "rulemaking" definitions and for the adoption and filing of rules.

(1) The State Board of Health may promulgate and enforce reasonable rules for the purpose of carrying out this chapter.

(2) The board shall follow the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as to "rule" and "rulemaking" definitions and for the adoption and filing of rules.

(b) (1) (A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state. (B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business. (2) The department and its agents and employees shall not request or be granted permission to enter a room of a massage therapy clinic, spa, or school in which a client is receiving treatment from a licensee under this chapter.

(1) (A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state. (B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business.

(A) The Department of Health shall inspect or cause an inspection of student records at least one (1) time each year for each massage therapy school operated in this state.

(B) The department and its agents and employees may enter and inspect a massage therapy clinic, spa, or school during operating hours of the business.

(2) The department and its agents and employees shall not request or be granted permission to enter a room of a massage therapy clinic, spa, or school in which a client is receiving treatment from a licensee under this chapter.

(c) The department may hold licensing examinations from time to time at a place or places as the department may designate.

(d) (1) The department may require each original applicant enrolling in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program, or applying as a new massage therapy licensee to practice in the State of Arkansas and each upgrade applicant for a license issued by the department to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) The state and federal criminal background check shall conform to applicable federal standards and shall include the taking of fingerprints. (3) The applicant shall sign a release of information to the department and shall be responsible for the payment of any fees associated with the state and federal criminal background check. (4) (A) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided. (B) Results shall be sent directly to the department from the agency performing the state and federal criminal background check.

(1) The department may require each original applicant enrolling in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program, or applying as a new massage therapy licensee to practice in the State of Arkansas and each upgrade applicant for a license issued by the department to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

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

(3) The applicant shall sign a release of information to the department and shall be responsible for the payment of any fees associated with the state and federal criminal background check.

(4) (A) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided. (B) Results shall be sent directly to the department from the agency performing the state and federal criminal background check.

(A) Each applicant who has resided outside of Arkansas shall provide a state and federal criminal background check, including the taking of fingerprints, issued by the state or states in which the applicant resided.

(B) Results shall be sent directly to the department from the agency performing the state and federal criminal background check.

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

Amended by Act 2023, No. 45,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 990,§ 70, eff. 7/24/2019.

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

Amended by Act 2015, No. 1083,§ 3, eff. 7/22/2015.

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

Amended by Act 2013, No. 1445,§ 7, eff. 8/16/2013.

Acts 1981, No. 875, §§ 5, 6; A.S.A. 1947, §§ 72-1205, 72-1206; Acts 1991, No. 1217, § 1; 1993, No. 714, § 3; 1997, No. 840, § 4; 1999, No. 1461, § 6; 2009, No. 1305, § 3.
Ark. Code Ann. § 17-36-101 — AR Code / Title 17 / Chapter 36 / Subchapter 1 / Section 17-36-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Landscape Architectural Practice Act". Acts 1975, No. 353, § 1; A.S.A. 1947, § 71-2901; Acts 1995, No. 904, § 1; 2009, No. 1367, § 16.

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

Acts 1975, No. 353, § 1; A.S.A. 1947, § 71-2901; Acts 1995, No. 904, § 1; 2009, No. 1367, § 16.
Ark. Code Ann. § 17-102-105 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-105
Public health and sanitation
Status: in_force

(a) Acupuncturists shall use only presterilized, disposable needles in their administration of acupuncture treatments. The use of staples in the practice of acupuncture is unlawful. (b) Sanitation practices shall include: (1) Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients; and (2) Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles. (c) No person shall be allowed to practice acupuncture and related techniques without first having passed a nationally recognized clean-needle-technique course. Acts 1997, No. 816, § 23.

(a) Acupuncturists shall use only presterilized, disposable needles in their administration of acupuncture treatments. The use of staples in the practice of acupuncture is unlawful.

(b) Sanitation practices shall include: (1) Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients; and (2) Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles.

(1) Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients; and

(2) Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles.

(c) No person shall be allowed to practice acupuncture and related techniques without first having passed a nationally recognized clean-needle-technique course.

Acts 1997, No. 816, § 23.
Ark. Code Ann. § 17-22-202 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-202
Chair
Status: in_force

The State Athletic Commission shall elect one (1) of its members as chair and one (1) of its members as vice chair. Amended by Act 2013, No. 1096,§ 3, eff. 8/16/2013. Acts 1927, No. 131, § 3; Pope's Dig., § 12063; A.S.A. 1947, § 84-2904.

The State Athletic Commission shall elect one (1) of its members as chair and one (1) of its members as vice chair.

Amended by Act 2013, No. 1096,§ 3, eff. 8/16/2013.

Acts 1927, No. 131, § 3; Pope's Dig., § 12063; A.S.A. 1947, § 84-2904.
Ark. Code Ann. § 17-104-306 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-306
Unlicensed practice
Status: in_force

(a) A person shall not engage or offer to engage in perfusion for compensation or use the title or represent or imply that the person has the title of "licensed perfusionist" or "provisional licensed perfusionist" or use the letters "LP" or "PLP" and shall not use any facsimile of these titles in any manner to indicate or imply that the person is a licensed perfusionist or provisional licensed perfusionist, unless the person holds that license issued under this chapter. (b) A person shall not use the title or represent or imply that the person has the title of "certified clinical perfusionist" or use the letters "CCP" and shall not use any facsimile of those titles in any manner to indicate or imply that the person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion, unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion. (c) A violation of the provisions of this chapter is a Class C misdemeanor. Acts 1999, No. 888, § 13.

(a) A person shall not engage or offer to engage in perfusion for compensation or use the title or represent or imply that the person has the title of "licensed perfusionist" or "provisional licensed perfusionist" or use the letters "LP" or "PLP" and shall not use any facsimile of these titles in any manner to indicate or imply that the person is a licensed perfusionist or provisional licensed perfusionist, unless the person holds that license issued under this chapter.

(b) A person shall not use the title or represent or imply that the person has the title of "certified clinical perfusionist" or use the letters "CCP" and shall not use any facsimile of those titles in any manner to indicate or imply that the person is a certified clinical perfusionist by the American Board of Cardiovascular Perfusion, unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion.

(c) A violation of the provisions of this chapter is a Class C misdemeanor.

Acts 1999, No. 888, § 13.
Ark. Code Ann. § 17-92-507 — AR Code / Title 17 / Chapter 92 / Subchapter 5 / Section 17-92-507
Maximum Allowable Cost Lists - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Maximum Allowable Cost List" means a listing of drugs or other methodology used by a pharmacy benefits manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug. (B) "Maximum Allowable Cost List" includes without limitation: (i) Average acquisition cost, including national average drug acquisition cost; (ii) Average manufacturer price; (iii) Average wholesale price; (iv) Brand effective rate or generic effective rate; (v) Discount indexing; (vi) Federal upper limits; (vii) Wholesale acquisition cost; and (viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services; (2) "Pharmaceutical wholesaler" means a person or entity that sells and distributes prescription pharmaceutical products, including without limitation a full line of brand-name, generic, and over-the-counter pharmaceuticals, and that offers regular and private delivery to a pharmacy; (3) "Pharmacist" means a licensed pharmacist as defined in § 17-92-101 ; (4) "Pharmacist services" means products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy as defined in § 17-92-101 ; (5) "Pharmacy" means the same as in § 17-92-101 ; (6) "Pharmacy acquisition cost" means the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice; (7) "Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program; (8) "Pharmacy benefits manager affiliate" means a pharmacy or pharmacist that directly or indirectly, through one (1) or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or control with a pharmacy benefits manager; and (9) "Pharmacy benefits plan or program" means a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services to individuals who reside in or are employed in this state. (b) Before a pharmacy benefits manager places or continues a particular drug on a Maximum Allowable Cost List, the drug: (1) If the drug is a generically equivalent drug as defined in § 17-92-101 , shall be listed as therapeutically equivalent and pharmaceutically equivalent "A" or "B" rated in the United States Food and Drug Administration's most recent version of the "Orange Book" or "Green Book" or have an NR or NA rating by Medi-Span, Gold Standard, or a similar rating by a nationally recognized reference; (2) Shall be available for purchase by each pharmacy in the state from national or regional wholesalers operating in Arkansas; and (3) Shall not be obsolete. (c) A pharmacy benefits manager shall: (1) Provide access to its Maximum Allowable Cost List to each pharmacy subject to the Maximum Allowable Cost List; (2) Update its Maximum Allowable Cost List on a timely basis, but in no event longer than seven (7) calendar days from an increase of ten percent (10%) or more in the pharmacy acquisition cost from sixty percent (60%) or more of the pharmaceutical wholesalers doing business in the state or a change in the methodology on which the Maximum Allowable Cost List is based or in the value of a variable involved in the methodology; (3) Provide a process for each pharmacy subject to the Maximum Allowable Cost List to receive prompt notification of an update to the Maximum Allowable Cost List; and (4) (A) (i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge Maximum Allowable Cost List and reimbursements made under a Maximum Allowable Cost List for a specific drug or drugs as: (a) Not meeting the requirements of this section; or (b) Being below the pharmacy acquisition cost. (ii) The reasonable administrative appeal procedure shall include the following: (a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals; (b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and (c) No less than thirty (30) business days to file an administrative appeal. (B) The pharmacy benefits manager shall respond to the challenge under subdivision (c)(4)(A) of this section within thirty (30) business days after receipt of the challenge. (C) If a challenge is made under subdivision (c)(4)(A) of this section, the pharmacy benefits manager shall within thirty (30) business days after receipt of the challenge either: (i) If the appeal is upheld: (a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost; (b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and (d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List; (ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in Arkansas that have the drug currently in stock at a price below the maximum allowable cost as listed on the Maximum Allowable Cost List; or (iii) If the National Drug Code provided by the pharmacy benefits manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the maximum allowable cost as listed on the Maximum Allowable Cost List above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost. (d) (1) A pharmacy benefits manager shall not reimburse a pharmacy or pharmacist in the state an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services. (2) The amount shall be calculated on a per unit basis based on the same generic product identifier or generic code number. (e) A pharmacy or pharmacist may decline to provide the pharmacist services to a patient or pharmacy benefits manager if, as a result of a Maximum Allowable Cost List, a pharmacy or pharmacist is to be paid less than the pharmacy acquisition cost of the pharmacy providing pharmacist services. (f) (1) This section does not apply to a Maximum Allowable Cost List maintained by the Arkansas Medicaid Program or the Employee Benefits Division. (2) This section shall apply to the pharmacy benefits manager employed by the Arkansas Medicaid Program or the division if, at any time, the Arkansas Medicaid Program or the division engages the services of a pharmacy benefits manager to maintain a Maximum Allowable Cost List. (g) (1) A violation of this section is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq., and a prohibited practice under the Arkansas Pharmacy Benefits Manager Licensure Act, § 23-92-501 et seq., and the Trade Practices Act, § 23-66-201 et seq. (2) This section is not subject to § 4-88-113(f)(1)(B) . Amended by Act 2019, No. 994,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 994,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 994,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 994,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 994,§ 1, eff. 7/24/2019. Amended by Act 2018EX2, No. 3,§ 3, eff. 3/19/2018. Amended by Act 2018EX2, No. 1,§ 3, eff. 3/15/2018. Amended by Act 2015, No. 900,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1194,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) (A) "Maximum Allowable Cost List" means a listing of drugs or other methodology used by a pharmacy benefits manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug. (B) "Maximum Allowable Cost List" includes without limitation: (i) Average acquisition cost, including national average drug acquisition cost; (ii) Average manufacturer price; (iii) Average wholesale price; (iv) Brand effective rate or generic effective rate; (v) Discount indexing; (vi) Federal upper limits; (vii) Wholesale acquisition cost; and (viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services; (2) "Pharmaceutical wholesaler" means a person or entity that sells and distributes prescription pharmaceutical products, including without limitation a full line of brand-name, generic, and over-the-counter pharmaceuticals, and that offers regular and private delivery to a pharmacy; (3) "Pharmacist" means a licensed pharmacist as defined in § 17-92-101 ; (4) "Pharmacist services" means products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy as defined in § 17-92-101 ; (5) "Pharmacy" means the same as in § 17-92-101 ; (6) "Pharmacy acquisition cost" means the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice; (7) "Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program; (8) "Pharmacy benefits manager affiliate" means a pharmacy or pharmacist that directly or indirectly, through one (1) or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or control with a pharmacy benefits manager; and (9) "Pharmacy benefits plan or program" means a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services to individuals who reside in or are employed in this state.

(1) (A) "Maximum Allowable Cost List" means a listing of drugs or other methodology used by a pharmacy benefits manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug. (B) "Maximum Allowable Cost List" includes without limitation: (i) Average acquisition cost, including national average drug acquisition cost; (ii) Average manufacturer price; (iii) Average wholesale price; (iv) Brand effective rate or generic effective rate; (v) Discount indexing; (vi) Federal upper limits; (vii) Wholesale acquisition cost; and (viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services;

(A) "Maximum Allowable Cost List" means a listing of drugs or other methodology used by a pharmacy benefits manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug.

(B) "Maximum Allowable Cost List" includes without limitation: (i) Average acquisition cost, including national average drug acquisition cost; (ii) Average manufacturer price; (iii) Average wholesale price; (iv) Brand effective rate or generic effective rate; (v) Discount indexing; (vi) Federal upper limits; (vii) Wholesale acquisition cost; and (viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services;

(i) Average acquisition cost, including national average drug acquisition cost;

(ii) Average manufacturer price;

(iii) Average wholesale price;

(iv) Brand effective rate or generic effective rate;

(v) Discount indexing;

(vi) Federal upper limits;

(vii) Wholesale acquisition cost; and

(viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services;

(2) "Pharmaceutical wholesaler" means a person or entity that sells and distributes prescription pharmaceutical products, including without limitation a full line of brand-name, generic, and over-the-counter pharmaceuticals, and that offers regular and private delivery to a pharmacy;

(3) "Pharmacist" means a licensed pharmacist as defined in § 17-92-101 ;

(4) "Pharmacist services" means products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy as defined in § 17-92-101 ;

(5) "Pharmacy" means the same as in § 17-92-101 ;

(6) "Pharmacy acquisition cost" means the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice;

(7) "Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program;

(8) "Pharmacy benefits manager affiliate" means a pharmacy or pharmacist that directly or indirectly, through one (1) or more intermediaries, owns or controls, is owned or controlled by, or is under common ownership or control with a pharmacy benefits manager; and

(9) "Pharmacy benefits plan or program" means a plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacist services to individuals who reside in or are employed in this state.

(b) Before a pharmacy benefits manager places or continues a particular drug on a Maximum Allowable Cost List, the drug: (1) If the drug is a generically equivalent drug as defined in § 17-92-101 , shall be listed as therapeutically equivalent and pharmaceutically equivalent "A" or "B" rated in the United States Food and Drug Administration's most recent version of the "Orange Book" or "Green Book" or have an NR or NA rating by Medi-Span, Gold Standard, or a similar rating by a nationally recognized reference; (2) Shall be available for purchase by each pharmacy in the state from national or regional wholesalers operating in Arkansas; and (3) Shall not be obsolete.

(1) If the drug is a generically equivalent drug as defined in § 17-92-101 , shall be listed as therapeutically equivalent and pharmaceutically equivalent "A" or "B" rated in the United States Food and Drug Administration's most recent version of the "Orange Book" or "Green Book" or have an NR or NA rating by Medi-Span, Gold Standard, or a similar rating by a nationally recognized reference;

(2) Shall be available for purchase by each pharmacy in the state from national or regional wholesalers operating in Arkansas; and

(3) Shall not be obsolete.

(c) A pharmacy benefits manager shall: (1) Provide access to its Maximum Allowable Cost List to each pharmacy subject to the Maximum Allowable Cost List; (2) Update its Maximum Allowable Cost List on a timely basis, but in no event longer than seven (7) calendar days from an increase of ten percent (10%) or more in the pharmacy acquisition cost from sixty percent (60%) or more of the pharmaceutical wholesalers doing business in the state or a change in the methodology on which the Maximum Allowable Cost List is based or in the value of a variable involved in the methodology; (3) Provide a process for each pharmacy subject to the Maximum Allowable Cost List to receive prompt notification of an update to the Maximum Allowable Cost List; and (4) (A) (i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge Maximum Allowable Cost List and reimbursements made under a Maximum Allowable Cost List for a specific drug or drugs as: (a) Not meeting the requirements of this section; or (b) Being below the pharmacy acquisition cost. (ii) The reasonable administrative appeal procedure shall include the following: (a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals; (b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and (c) No less than thirty (30) business days to file an administrative appeal. (B) The pharmacy benefits manager shall respond to the challenge under subdivision (c)(4)(A) of this section within thirty (30) business days after receipt of the challenge. (C) If a challenge is made under subdivision (c)(4)(A) of this section, the pharmacy benefits manager shall within thirty (30) business days after receipt of the challenge either: (i) If the appeal is upheld: (a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost; (b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and (d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List; (ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in Arkansas that have the drug currently in stock at a price below the maximum allowable cost as listed on the Maximum Allowable Cost List; or (iii) If the National Drug Code provided by the pharmacy benefits manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the maximum allowable cost as listed on the Maximum Allowable Cost List above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.

(1) Provide access to its Maximum Allowable Cost List to each pharmacy subject to the Maximum Allowable Cost List;

(2) Update its Maximum Allowable Cost List on a timely basis, but in no event longer than seven (7) calendar days from an increase of ten percent (10%) or more in the pharmacy acquisition cost from sixty percent (60%) or more of the pharmaceutical wholesalers doing business in the state or a change in the methodology on which the Maximum Allowable Cost List is based or in the value of a variable involved in the methodology;

(3) Provide a process for each pharmacy subject to the Maximum Allowable Cost List to receive prompt notification of an update to the Maximum Allowable Cost List; and

(4) (A) (i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge Maximum Allowable Cost List and reimbursements made under a Maximum Allowable Cost List for a specific drug or drugs as: (a) Not meeting the requirements of this section; or (b) Being below the pharmacy acquisition cost. (ii) The reasonable administrative appeal procedure shall include the following: (a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals; (b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and (c) No less than thirty (30) business days to file an administrative appeal. (B) The pharmacy benefits manager shall respond to the challenge under subdivision (c)(4)(A) of this section within thirty (30) business days after receipt of the challenge. (C) If a challenge is made under subdivision (c)(4)(A) of this section, the pharmacy benefits manager shall within thirty (30) business days after receipt of the challenge either: (i) If the appeal is upheld: (a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost; (b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and (d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List; (ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in Arkansas that have the drug currently in stock at a price below the maximum allowable cost as listed on the Maximum Allowable Cost List; or (iii) If the National Drug Code provided by the pharmacy benefits manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the maximum allowable cost as listed on the Maximum Allowable Cost List above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.

(A) (i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge Maximum Allowable Cost List and reimbursements made under a Maximum Allowable Cost List for a specific drug or drugs as: (a) Not meeting the requirements of this section; or (b) Being below the pharmacy acquisition cost. (ii) The reasonable administrative appeal procedure shall include the following: (a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals; (b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and (c) No less than thirty (30) business days to file an administrative appeal.

(i) Provide a reasonable administrative appeal procedure to allow pharmacies to challenge Maximum Allowable Cost List and reimbursements made under a Maximum Allowable Cost List for a specific drug or drugs as: (a) Not meeting the requirements of this section; or (b) Being below the pharmacy acquisition cost.

(a) Not meeting the requirements of this section; or

(b) Being below the pharmacy acquisition cost.

(ii) The reasonable administrative appeal procedure shall include the following: (a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals; (b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and (c) No less than thirty (30) business days to file an administrative appeal.

(a) A dedicated telephone number, email address, and website for the purpose of submitting administrative appeals;

(b) The ability to submit an administrative appeal directly to the pharmacy benefits manager regarding the pharmacy benefits plan or program or through a pharmacy service administrative organization; and

(c) No less than thirty (30) business days to file an administrative appeal.

(B) The pharmacy benefits manager shall respond to the challenge under subdivision (c)(4)(A) of this section within thirty (30) business days after receipt of the challenge.

(C) If a challenge is made under subdivision (c)(4)(A) of this section, the pharmacy benefits manager shall within thirty (30) business days after receipt of the challenge either: (i) If the appeal is upheld: (a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost; (b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and (d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List; (ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in Arkansas that have the drug currently in stock at a price below the maximum allowable cost as listed on the Maximum Allowable Cost List; or (iii) If the National Drug Code provided by the pharmacy benefits manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the maximum allowable cost as listed on the Maximum Allowable Cost List above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.

(i) If the appeal is upheld: (a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost; (b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question; (c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and (d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List;

(a) Make the change in the maximum allowable cost list payment to at least the pharmacy acquisition cost;

(b) Permit the challenging pharmacy or pharmacist to reverse and rebill the claim in question;

(c) Provide the National Drug Code that the increase or change is based on to the pharmacy or pharmacist; and

(d) Make the change under subdivision (c)(4)(C)(i) (a) of this section effective for each similarly situated pharmacy as defined by the payor subject to the Maximum Allowable Cost List;

(ii) If the appeal is denied, provide the challenging pharmacy or pharmacist the National Drug Code and the name of the national or regional pharmaceutical wholesalers operating in Arkansas that have the drug currently in stock at a price below the maximum allowable cost as listed on the Maximum Allowable Cost List; or

(iii) If the National Drug Code provided by the pharmacy benefits manager is not available below the pharmacy acquisition cost from the pharmaceutical wholesaler from whom the pharmacy or pharmacist purchases the majority of prescription drugs for resale, then the pharmacy benefits manager shall adjust the maximum allowable cost as listed on the Maximum Allowable Cost List above the challenging pharmacy's pharmacy acquisition cost and permit the pharmacy to reverse and rebill each claim affected by the inability to procure the drug at a cost that is equal to or less than the previously challenged maximum allowable cost.

(d) (1) A pharmacy benefits manager shall not reimburse a pharmacy or pharmacist in the state an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services. (2) The amount shall be calculated on a per unit basis based on the same generic product identifier or generic code number.

(1) A pharmacy benefits manager shall not reimburse a pharmacy or pharmacist in the state an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services.

(2) The amount shall be calculated on a per unit basis based on the same generic product identifier or generic code number.

(e) A pharmacy or pharmacist may decline to provide the pharmacist services to a patient or pharmacy benefits manager if, as a result of a Maximum Allowable Cost List, a pharmacy or pharmacist is to be paid less than the pharmacy acquisition cost of the pharmacy providing pharmacist services.

(f) (1) This section does not apply to a Maximum Allowable Cost List maintained by the Arkansas Medicaid Program or the Employee Benefits Division. (2) This section shall apply to the pharmacy benefits manager employed by the Arkansas Medicaid Program or the division if, at any time, the Arkansas Medicaid Program or the division engages the services of a pharmacy benefits manager to maintain a Maximum Allowable Cost List.

(1) This section does not apply to a Maximum Allowable Cost List maintained by the Arkansas Medicaid Program or the Employee Benefits Division.

(2) This section shall apply to the pharmacy benefits manager employed by the Arkansas Medicaid Program or the division if, at any time, the Arkansas Medicaid Program or the division engages the services of a pharmacy benefits manager to maintain a Maximum Allowable Cost List.

(g) (1) A violation of this section is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq., and a prohibited practice under the Arkansas Pharmacy Benefits Manager Licensure Act, § 23-92-501 et seq., and the Trade Practices Act, § 23-66-201 et seq. (2) This section is not subject to § 4-88-113(f)(1)(B) .

(1) A violation of this section is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq., and a prohibited practice under the Arkansas Pharmacy Benefits Manager Licensure Act, § 23-92-501 et seq., and the Trade Practices Act, § 23-66-201 et seq.

(2) This section is not subject to § 4-88-113(f)(1)(B) .

Amended by Act 2019, No. 994,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 994,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 994,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 994,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 994,§ 1, eff. 7/24/2019.

Amended by Act 2018EX2, No. 3,§ 3, eff. 3/19/2018.

Amended by Act 2018EX2, No. 1,§ 3, eff. 3/15/2018.

Amended by Act 2015, No. 900,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1194,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 17-95-1001 — AR Code / Title 17 / Chapter 95 / Subchapter 10 / Section 17-95-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Surgical Technologists Act". Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Arkansas Surgical Technologists Act".

Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-25-509 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-509
Written examination
Status: in_force

(a) Except as otherwise provided in this section, a person shall not be licensed as a residential building contractor unless the person has passed a written examination prescribed by the Residential Contractors Committee. (b) (1) Until January 1, 2012, the committee shall waive the written examination for a person who: (A) Submits proof of having obtained five (5) building permits within the three (3) years preceding the date of application; (B) Submits proof of having obtained one (1) building permit within the preceding twelve (12) months; or (C) Submits proof of experience in construction acceptable to the committee. (2) Subdivision (b)(1) of this section does not apply to applicants for a residential builder license. Acts 1999, No. 950, § 1; 2003, No. 1103, § 1; 2011, No. 1208, § 9.

(a) Except as otherwise provided in this section, a person shall not be licensed as a residential building contractor unless the person has passed a written examination prescribed by the Residential Contractors Committee.

(b) (1) Until January 1, 2012, the committee shall waive the written examination for a person who: (A) Submits proof of having obtained five (5) building permits within the three (3) years preceding the date of application; (B) Submits proof of having obtained one (1) building permit within the preceding twelve (12) months; or (C) Submits proof of experience in construction acceptable to the committee. (2) Subdivision (b)(1) of this section does not apply to applicants for a residential builder license.

(1) Until January 1, 2012, the committee shall waive the written examination for a person who: (A) Submits proof of having obtained five (5) building permits within the three (3) years preceding the date of application; (B) Submits proof of having obtained one (1) building permit within the preceding twelve (12) months; or (C) Submits proof of experience in construction acceptable to the committee.

(A) Submits proof of having obtained five (5) building permits within the three (3) years preceding the date of application;

(B) Submits proof of having obtained one (1) building permit within the preceding twelve (12) months; or

(C) Submits proof of experience in construction acceptable to the committee.

(2) Subdivision (b)(1) of this section does not apply to applicants for a residential builder license.

Acts 1999, No. 950, § 1; 2003, No. 1103, § 1; 2011, No. 1208, § 9.
Ark. Code Ann. § 17-14-204 — AR Code / Title 17 / Chapter 14 / Subchapter 2 / Section 17-14-204
Meetings, quorum, and voting
Status: in_force

(a) The State Board of Appraisers, Abstracters, and Home Inspectors shall meet not less frequently than twice each calendar year to conduct its business. (b) Places of future meetings shall be decided by the vote of members at meetings. (c) Written notice shall be given to each member of the time and place of each meeting of the board at least ten (10) days before the scheduled date of the meetings. (d) An administrative secretary shall be present at all meetings of the board and shall record the minutes of all meetings, the record of which shall be made a permanent part of the records of the board. (e) (1) A quorum of the board shall be five (5) members. (2) No binding decisions or regulatory changes may be made by the board in the absence of a quorum. Amended by Act 2023, No. 628,§ 28, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 27, eff. 7/1/2023. Acts 1991, No. 416, § 5; 1991, No. 541, § 5; 2001, No. 159, § 3.

(a) The State Board of Appraisers, Abstracters, and Home Inspectors shall meet not less frequently than twice each calendar year to conduct its business.

(b) Places of future meetings shall be decided by the vote of members at meetings.

(c) Written notice shall be given to each member of the time and place of each meeting of the board at least ten (10) days before the scheduled date of the meetings.

(d) An administrative secretary shall be present at all meetings of the board and shall record the minutes of all meetings, the record of which shall be made a permanent part of the records of the board.

(e) (1) A quorum of the board shall be five (5) members. (2) No binding decisions or regulatory changes may be made by the board in the absence of a quorum.

(1) A quorum of the board shall be five (5) members.

(2) No binding decisions or regulatory changes may be made by the board in the absence of a quorum.

Amended by Act 2023, No. 628,§ 28, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 27, eff. 7/1/2023.

Acts 1991, No. 416, § 5; 1991, No. 541, § 5; 2001, No. 159, § 3.
Ark. Code Ann. § 17-26-612 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-612
Penalties
Status: in_force

(a) An artist who violates this subchapter or rules adopted by the State Board of Health pertaining to body art commits a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each offense. (b) After notice of a violation has been given, each violation of this subchapter constitutes a separate offense unless another penalty is specifically provided in this subchapter. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) An artist who violates this subchapter or rules adopted by the State Board of Health pertaining to body art commits a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each offense.

(b) After notice of a violation has been given, each violation of this subchapter constitutes a separate offense unless another penalty is specifically provided in this subchapter.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-95-414 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-414
Multiyear license or registration for physicians
Status: in_force

(a) The Arkansas State Medical Board shall offer a multiyear license or registration for physicians as an option other than the annual renewal of license or registration. (b) Following initial licensure or registration, a physician may request a multiyear license or registration for a period of two (2) years by providing the following information to the board with the application: (1) All information necessary for the licensure or registration under law or rule to include proof of continuing medical education equivalent to the period requesting; and (2) Payment of the fees for licensure or registration for two (2) years, if the requested licensure or registration is for a period of two (2) years. Added by Act 2021, No. 803,§ 1, eff. 7/28/2021.

(a) The Arkansas State Medical Board shall offer a multiyear license or registration for physicians as an option other than the annual renewal of license or registration.

(b) Following initial licensure or registration, a physician may request a multiyear license or registration for a period of two (2) years by providing the following information to the board with the application: (1) All information necessary for the licensure or registration under law or rule to include proof of continuing medical education equivalent to the period requesting; and (2) Payment of the fees for licensure or registration for two (2) years, if the requested licensure or registration is for a period of two (2) years.

(1) All information necessary for the licensure or registration under law or rule to include proof of continuing medical education equivalent to the period requesting; and

(2) Payment of the fees for licensure or registration for two (2) years, if the requested licensure or registration is for a period of two (2) years.

Added by Act 2021, No. 803,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-15-104 — AR Code / Title 17 / Chapter 15 / Subchapter 1 / Section 17-15-104
Enforcement
Status: in_force

(a) It shall be the duty of all duly constituted officers of the law in this state, and of all political subdivisions, to enforce the provisions of this chapter and to prosecute any persons violating its provisions. (b) The Attorney General or his or her assistants shall act as legal advisors to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and shall render any legal assistance that may be necessary in carrying out the provisions of this chapter. The board, in its discretion, may employ other legal assistance that it may require. Acts 1941, No. 270, § 11; A.S.A. 1947, § 71-311; Acts 2009, No. 1367, § 5.

(a) It shall be the duty of all duly constituted officers of the law in this state, and of all political subdivisions, to enforce the provisions of this chapter and to prosecute any persons violating its provisions.

(b) The Attorney General or his or her assistants shall act as legal advisors to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and shall render any legal assistance that may be necessary in carrying out the provisions of this chapter. The board, in its discretion, may employ other legal assistance that it may require.

Acts 1941, No. 270, § 11; A.S.A. 1947, § 71-311; Acts 2009, No. 1367, § 5.
Ark. Code Ann. § 17-99-201 — AR Code / Title 17 / Chapter 99 / Subchapter 2 / Section 17-99-201
Medical board - Powers and duties
Status: in_force

(a) The Arkansas State Medical Board shall administer the provisions of this chapter. (b) The board, with the advice and assistance of the Arkansas State Respiratory Care Examining Committee, shall: (1) Pass upon the qualifications of applicants for licensure; (2) Provide for a nationally standardized examination; (3) Determine the applicants who successfully pass the examinations; and (4) License those applicants who meet the qualifications provided in this chapter. (c) In addition to the other powers and duties set out elsewhere in this chapter, the board shall: (1) Adopt and put into effect rules to carry this chapter into effect; (2) Investigate reported violations of this chapter, and take such steps as may be necessary to enforce the chapter; (3) (A) Keep a record of its proceedings and a record of all persons registered under this chapter. (B) The register shall show: (i) The name of every registrant; (ii) His or her last known place of business; (iii) His or her last known place of residence; and (iv) The date and number of his or her license; (4) (A) Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas. (B) It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list; (5) (A) With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician. (B) Rules shall be adopted defining for the purposes of this chapter the terms "students", "limited", "supervision", and "approved training programs"; and (6) With the advice and assistance of the committee, adopt rules for the issuance of licenses for respiratory care practitioners and put them into effect. Amended by Act 2019, No. 315,§ 1644, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1643, eff. 7/24/2019. Acts 1969, No. 168, §§ 2, 6; A.S.A. 1947, §§ 72-1602, 72-1606; Acts 1987, No. 952, §§ 2, 4; 1995, No. 1094, § 2.

(a) The Arkansas State Medical Board shall administer the provisions of this chapter.

(b) The board, with the advice and assistance of the Arkansas State Respiratory Care Examining Committee, shall: (1) Pass upon the qualifications of applicants for licensure; (2) Provide for a nationally standardized examination; (3) Determine the applicants who successfully pass the examinations; and (4) License those applicants who meet the qualifications provided in this chapter.

(1) Pass upon the qualifications of applicants for licensure;

(2) Provide for a nationally standardized examination;

(3) Determine the applicants who successfully pass the examinations; and

(4) License those applicants who meet the qualifications provided in this chapter.

(c) In addition to the other powers and duties set out elsewhere in this chapter, the board shall: (1) Adopt and put into effect rules to carry this chapter into effect; (2) Investigate reported violations of this chapter, and take such steps as may be necessary to enforce the chapter; (3) (A) Keep a record of its proceedings and a record of all persons registered under this chapter. (B) The register shall show: (i) The name of every registrant; (ii) His or her last known place of business; (iii) His or her last known place of residence; and (iv) The date and number of his or her license; (4) (A) Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas. (B) It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list; (5) (A) With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician. (B) Rules shall be adopted defining for the purposes of this chapter the terms "students", "limited", "supervision", and "approved training programs"; and (6) With the advice and assistance of the committee, adopt rules for the issuance of licenses for respiratory care practitioners and put them into effect.

(1) Adopt and put into effect rules to carry this chapter into effect;

(2) Investigate reported violations of this chapter, and take such steps as may be necessary to enforce the chapter;

(3) (A) Keep a record of its proceedings and a record of all persons registered under this chapter. (B) The register shall show: (i) The name of every registrant; (ii) His or her last known place of business; (iii) His or her last known place of residence; and (iv) The date and number of his or her license;

(A) Keep a record of its proceedings and a record of all persons registered under this chapter.

(B) The register shall show: (i) The name of every registrant; (ii) His or her last known place of business; (iii) His or her last known place of residence; and (iv) The date and number of his or her license;

(i) The name of every registrant;

(ii) His or her last known place of business;

(iii) His or her last known place of residence; and

(iv) The date and number of his or her license;

(4) (A) Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas. (B) It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list;

(A) Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas.

(B) It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list;

(5) (A) With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician. (B) Rules shall be adopted defining for the purposes of this chapter the terms "students", "limited", "supervision", and "approved training programs"; and

(A) With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician.

(B) Rules shall be adopted defining for the purposes of this chapter the terms "students", "limited", "supervision", and "approved training programs"; and

(6) With the advice and assistance of the committee, adopt rules for the issuance of licenses for respiratory care practitioners and put them into effect.

Amended by Act 2019, No. 315,§ 1644, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1643, eff. 7/24/2019.

Acts 1969, No. 168, §§ 2, 6; A.S.A. 1947, §§ 72-1602, 72-1606; Acts 1987, No. 952, §§ 2, 4; 1995, No. 1094, § 2.
Ark. Code Ann. § 17-44-101 — AR Code / Title 17 / Chapter 44 / Section 17-44-101
Definitions
Status: in_force

As used in this chapter: (1) "Beverage container" means a can, bottle, jar, or other container made of aluminum or metal that is sealed by a manufacturer; (2) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines; (3) "Minor" means a person under eighteen (18) years of age; (4) (A) "Nonferrous metal" means a metal that does not contain significant quantities of iron or steel. (B) "Nonferrous metal" includes without limitation the following metals and their alloys: (i) Copper; (ii) Brass; (iii) Aluminum; (iv) Bronze; (v) Lead; (vi) Zinc; and (vii) Nickel; (5) "Person" means an individual, a partnership, a corporation, a joint venture, a trust, an association, or any other legal entity; (6) "Record" means paper, electronic, or other method of storing information; (7) (A) "Scrap metal" means bits and pieces of metal parts that: (i) May be combined together with bolts or soldering; and (ii) Can be recycled when worn or superfluous. (B) "Scrap metal" includes detached catalytic converters; (8) "Scrap metal processor" means a person that, from a fixed location, engages in the business of using machinery or equipment for the processing or manufacturing of iron, steel, or nonferrous metal scrap; (9) (A) "Scrap metal recycler" means any person that purchases scrap metal. (B) "Scrap metal recycler" does not include a person that only buys in quantities of five thousand pounds (5,000 lbs.) or more; and (10) (A) "Seller" means any person that receives in a transaction monetary consideration from a scrap metal recycler in exchange for nonferrous metal, iron, or steel, including without limitation copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. (B) "Seller" does not include a person that sells scrap metal generated in a manufacturing or production process and sold to a scrap metal recycler under a contract or an agreement. Amended by Act 2023, No. 264,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 1083,§ 1, eff. 7/28/2021. Acts 1953, No. 139, §§ 1-3; 1957, No. 240, § 1; A.S.A. 1947, §§ 71-1501 -- 71-1503; Acts 1991, No. 669, § 1; 2005, No. 1994, § 227; 2007, No. 749, § 1.

As used in this chapter:

(1) "Beverage container" means a can, bottle, jar, or other container made of aluminum or metal that is sealed by a manufacturer;

(2) "Catalytic converter" means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines;

(3) "Minor" means a person under eighteen (18) years of age;

(4) (A) "Nonferrous metal" means a metal that does not contain significant quantities of iron or steel. (B) "Nonferrous metal" includes without limitation the following metals and their alloys: (i) Copper; (ii) Brass; (iii) Aluminum; (iv) Bronze; (v) Lead; (vi) Zinc; and (vii) Nickel;

(A) "Nonferrous metal" means a metal that does not contain significant quantities of iron or steel.

(B) "Nonferrous metal" includes without limitation the following metals and their alloys: (i) Copper; (ii) Brass; (iii) Aluminum; (iv) Bronze; (v) Lead; (vi) Zinc; and (vii) Nickel;

(i) Copper;

(ii) Brass;

(iii) Aluminum;

(iv) Bronze;

(v) Lead;

(vi) Zinc; and

(vii) Nickel;

(5) "Person" means an individual, a partnership, a corporation, a joint venture, a trust, an association, or any other legal entity;

(6) "Record" means paper, electronic, or other method of storing information;

(7) (A) "Scrap metal" means bits and pieces of metal parts that: (i) May be combined together with bolts or soldering; and (ii) Can be recycled when worn or superfluous. (B) "Scrap metal" includes detached catalytic converters;

(A) "Scrap metal" means bits and pieces of metal parts that: (i) May be combined together with bolts or soldering; and (ii) Can be recycled when worn or superfluous.

(i) May be combined together with bolts or soldering; and

(ii) Can be recycled when worn or superfluous.

(B) "Scrap metal" includes detached catalytic converters;

(8) "Scrap metal processor" means a person that, from a fixed location, engages in the business of using machinery or equipment for the processing or manufacturing of iron, steel, or nonferrous metal scrap;

(9) (A) "Scrap metal recycler" means any person that purchases scrap metal. (B) "Scrap metal recycler" does not include a person that only buys in quantities of five thousand pounds (5,000 lbs.) or more; and

(A) "Scrap metal recycler" means any person that purchases scrap metal.

(B) "Scrap metal recycler" does not include a person that only buys in quantities of five thousand pounds (5,000 lbs.) or more; and

(10) (A) "Seller" means any person that receives in a transaction monetary consideration from a scrap metal recycler in exchange for nonferrous metal, iron, or steel, including without limitation copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. (B) "Seller" does not include a person that sells scrap metal generated in a manufacturing or production process and sold to a scrap metal recycler under a contract or an agreement.

(A) "Seller" means any person that receives in a transaction monetary consideration from a scrap metal recycler in exchange for nonferrous metal, iron, or steel, including without limitation copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.

(B) "Seller" does not include a person that sells scrap metal generated in a manufacturing or production process and sold to a scrap metal recycler under a contract or an agreement.

Amended by Act 2023, No. 264,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 1083,§ 1, eff. 7/28/2021.

Acts 1953, No. 139, §§ 1-3; 1957, No. 240, § 1; A.S.A. 1947, §§ 71-1501 -- 71-1503; Acts 1991, No. 669, § 1; 2005, No. 1994, § 227; 2007, No. 749, § 1.
Ark. Code Ann. § 17-36-301 — AR Code / Title 17 / Chapter 36 / Subchapter 3 / Section 17-36-301
License or permit required
Status: in_force

(a) (1) A person shall not perform or offer to perform, either directly or indirectly, landscape architectural services or assume or use the title or designation of "landscape architect" unless the person has secured from the Arkansas State Board of Architects, Landscape Architects, and Interior Designers a license as a landscape architect under this subchapter and shall thereafter comply with the provisions of this chapter and § 17-15-201 et seq. (2) It is the purpose of this chapter to safeguard the health, safety, and welfare of the public. (b) Every holder shall display the license or permit in a conspicuous place. Acts 1975, No. 353, § 3; A.S.A. 1947, § 71-2903; Acts 2001, No. 617, § 12; 2009, No. 1367, § 18.

(a) (1) A person shall not perform or offer to perform, either directly or indirectly, landscape architectural services or assume or use the title or designation of "landscape architect" unless the person has secured from the Arkansas State Board of Architects, Landscape Architects, and Interior Designers a license as a landscape architect under this subchapter and shall thereafter comply with the provisions of this chapter and § 17-15-201 et seq. (2) It is the purpose of this chapter to safeguard the health, safety, and welfare of the public.

(1) A person shall not perform or offer to perform, either directly or indirectly, landscape architectural services or assume or use the title or designation of "landscape architect" unless the person has secured from the Arkansas State Board of Architects, Landscape Architects, and Interior Designers a license as a landscape architect under this subchapter and shall thereafter comply with the provisions of this chapter and § 17-15-201 et seq.

(2) It is the purpose of this chapter to safeguard the health, safety, and welfare of the public.

(b) Every holder shall display the license or permit in a conspicuous place.

Acts 1975, No. 353, § 3; A.S.A. 1947, § 71-2903; Acts 2001, No. 617, § 12; 2009, No. 1367, § 18.
Ark. Code Ann. § 17-4-107 — AR Code / Title 17 / Chapter 4 / Section 17-4-107
Acceptance of uniformed service education, training, national certification, or service-issued credential
Status: in_force

An occupational licensing entity shall accept relevant and applicable uniformed service education, training, national certification, or service-issued credential toward occupational licensure qualifications or requirements when considering an application for initial licensure of an individual listed in § 17-4-104 . Amended by Act 2023, No. 137,§ 2, eff. 8/1/2023. Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

An occupational licensing entity shall accept relevant and applicable uniformed service education, training, national certification, or service-issued credential toward occupational licensure qualifications or requirements when considering an application for initial licensure of an individual listed in § 17-4-104 .

Amended by Act 2023, No. 137,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-6-104 — AR Code / Title 17 / Chapter 6 / Section 17-6-104
Treatment of apprenticeships regarding licenses
Status: in_force

(a) A licensing entity shall grant a license to an applicant who: (1) Completes an apprenticeship in the licensed occupation or profession; (2) Passes an examination, if deemed to be necessary by the licensing entity; (3) Pays any fees deemed necessary by the licensing entity; (4) Does not have a disqualifying criminal record as determined by the licensing entity under state law; and (5) Completes all other requirements for licensure unrelated to training and education. (b) If a licensing entity denies a license to an applicant under this chapter, the licensing entity shall: (1) Provide the applicant with a denial in writing; and (2) Explain the reason for the denial in the written decision, such as whether the licensing entity determined that the applicant's apprenticeship program does not correspond to the profession or occupation or level of license for which the applicant applied. (c) (1) A licensing entity shall establish a passing score for examinations that does not exceed the passing score required under the standard licensing processes. (2) If the licensing entity does not require an examination for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship for the profession or occupation is not required to pass an examination. (d) (1) A licensing entity shall establish a licensing fee that does not exceed the licensing fee required under the standard licensing processes. (2) If the licensing entity does not require a fee for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship in the profession or occupation is not required to pay a fee. (e) Except as otherwise required by federal law, an apprenticeship for a profession or occupation is not required to exceed the number of hours required by the licensing entity for the profession or occupation. Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.

(a) A licensing entity shall grant a license to an applicant who: (1) Completes an apprenticeship in the licensed occupation or profession; (2) Passes an examination, if deemed to be necessary by the licensing entity; (3) Pays any fees deemed necessary by the licensing entity; (4) Does not have a disqualifying criminal record as determined by the licensing entity under state law; and (5) Completes all other requirements for licensure unrelated to training and education.

(1) Completes an apprenticeship in the licensed occupation or profession;

(2) Passes an examination, if deemed to be necessary by the licensing entity;

(3) Pays any fees deemed necessary by the licensing entity;

(4) Does not have a disqualifying criminal record as determined by the licensing entity under state law; and

(5) Completes all other requirements for licensure unrelated to training and education.

(b) If a licensing entity denies a license to an applicant under this chapter, the licensing entity shall: (1) Provide the applicant with a denial in writing; and (2) Explain the reason for the denial in the written decision, such as whether the licensing entity determined that the applicant's apprenticeship program does not correspond to the profession or occupation or level of license for which the applicant applied.

(1) Provide the applicant with a denial in writing; and

(2) Explain the reason for the denial in the written decision, such as whether the licensing entity determined that the applicant's apprenticeship program does not correspond to the profession or occupation or level of license for which the applicant applied.

(c) (1) A licensing entity shall establish a passing score for examinations that does not exceed the passing score required under the standard licensing processes. (2) If the licensing entity does not require an examination for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship for the profession or occupation is not required to pass an examination.

(1) A licensing entity shall establish a passing score for examinations that does not exceed the passing score required under the standard licensing processes.

(2) If the licensing entity does not require an examination for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship for the profession or occupation is not required to pass an examination.

(d) (1) A licensing entity shall establish a licensing fee that does not exceed the licensing fee required under the standard licensing processes. (2) If the licensing entity does not require a fee for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship in the profession or occupation is not required to pay a fee.

(1) A licensing entity shall establish a licensing fee that does not exceed the licensing fee required under the standard licensing processes.

(2) If the licensing entity does not require a fee for the standard licensing process for a profession or occupation, an applicant who completes an apprenticeship in the profession or occupation is not required to pay a fee.

(e) Except as otherwise required by federal law, an apprenticeship for a profession or occupation is not required to exceed the number of hours required by the licensing entity for the profession or occupation.

Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 17-95-412 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-412
Academic licenses
Status: in_force

(a) The Arkansas State Medical Board may issue an academic license to practice medicine to any physician who meets: (1) The qualifications and requirements set forth in the rules of the Arkansas State Medical Board; and (2) The conditions and requirements set forth in subsection (b) of this section. (b) (1) The physician shall: (A) Submit an application to the Arkansas State Medical Board; (B) Provide information the Arkansas State Medical Board by rule may require; (C) Pay a licensure fee that the Arkansas State Medical Board may set by rule to cover the costs of administering the alternative to discipline program; and (D) Be serving as a faculty member in the State of Arkansas under the supervision of a faculty member licensed by the Arkansas State Medical Board at an academic medical program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association operated in the State of Arkansas and established by and under the control of a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (2) The academic license to practice medicine in the State of Arkansas shall authorize the practice of medicine only within the clinical and educational programs in the State of Arkansas that are established and administered by a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (c) (1) The Arkansas State Medical Board shall issue each academic license for a period of one (1) year. (2) At the end of the one (1) year, the academic license shall lapse, and the physician shall make an additional application to the Arkansas State Medical Board if the physician desires to continue the practice of medicine under the academic license. (3) At the end of the second year of practice with an academic license, the physician is eligible for an active, unrestricted license to practice medicine in the state. (d) A physician who obtains an academic license to practice medicine in the State of Arkansas shall comply with the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all rules of the Arkansas State Medical Board. Amended by Act 2019, No. 701,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1061,§ 1, eff. 4/6/2017. Amended by Act 2017, No. 147,§ 3, eff. 2/7/2017. Acts 2005, No. 497, § 1.

(a) The Arkansas State Medical Board may issue an academic license to practice medicine to any physician who meets: (1) The qualifications and requirements set forth in the rules of the Arkansas State Medical Board; and (2) The conditions and requirements set forth in subsection (b) of this section.

(1) The qualifications and requirements set forth in the rules of the Arkansas State Medical Board; and

(2) The conditions and requirements set forth in subsection (b) of this section.

(b) (1) The physician shall: (A) Submit an application to the Arkansas State Medical Board; (B) Provide information the Arkansas State Medical Board by rule may require; (C) Pay a licensure fee that the Arkansas State Medical Board may set by rule to cover the costs of administering the alternative to discipline program; and (D) Be serving as a faculty member in the State of Arkansas under the supervision of a faculty member licensed by the Arkansas State Medical Board at an academic medical program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association operated in the State of Arkansas and established by and under the control of a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (2) The academic license to practice medicine in the State of Arkansas shall authorize the practice of medicine only within the clinical and educational programs in the State of Arkansas that are established and administered by a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.

(1) The physician shall: (A) Submit an application to the Arkansas State Medical Board; (B) Provide information the Arkansas State Medical Board by rule may require; (C) Pay a licensure fee that the Arkansas State Medical Board may set by rule to cover the costs of administering the alternative to discipline program; and (D) Be serving as a faculty member in the State of Arkansas under the supervision of a faculty member licensed by the Arkansas State Medical Board at an academic medical program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association operated in the State of Arkansas and established by and under the control of a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.

(A) Submit an application to the Arkansas State Medical Board;

(B) Provide information the Arkansas State Medical Board by rule may require;

(C) Pay a licensure fee that the Arkansas State Medical Board may set by rule to cover the costs of administering the alternative to discipline program; and

(D) Be serving as a faculty member in the State of Arkansas under the supervision of a faculty member licensed by the Arkansas State Medical Board at an academic medical program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association operated in the State of Arkansas and established by and under the control of a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.

(2) The academic license to practice medicine in the State of Arkansas shall authorize the practice of medicine only within the clinical and educational programs in the State of Arkansas that are established and administered by a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education.

(c) (1) The Arkansas State Medical Board shall issue each academic license for a period of one (1) year. (2) At the end of the one (1) year, the academic license shall lapse, and the physician shall make an additional application to the Arkansas State Medical Board if the physician desires to continue the practice of medicine under the academic license. (3) At the end of the second year of practice with an academic license, the physician is eligible for an active, unrestricted license to practice medicine in the state.

(1) The Arkansas State Medical Board shall issue each academic license for a period of one (1) year.

(2) At the end of the one (1) year, the academic license shall lapse, and the physician shall make an additional application to the Arkansas State Medical Board if the physician desires to continue the practice of medicine under the academic license.

(3) At the end of the second year of practice with an academic license, the physician is eligible for an active, unrestricted license to practice medicine in the state.

(d) A physician who obtains an academic license to practice medicine in the State of Arkansas shall comply with the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all rules of the Arkansas State Medical Board.

Amended by Act 2019, No. 701,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1061,§ 1, eff. 4/6/2017.

Amended by Act 2017, No. 147,§ 3, eff. 2/7/2017.

Acts 2005, No. 497, § 1.
Ark. Code Ann. § 17-42-314 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-314
Hearings
Status: in_force

(a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated. Acts 1993, No. 690, § 19.

(a) Proceedings under § 17-42-312 and hearings on denials of licenses shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Except in cases in which a licensee has obtained a license by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct any disciplinary hearing regarding any real estate broker or salesperson unless the complaint is filed or the investigation initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated.

Acts 1993, No. 690, § 19.
Ark. Code Ann. § 17-4-103 — AR Code / Title 17 / Chapter 4 / Section 17-4-103
Definitions
Status: in_force

As used in this chapter: (1) "Automatic occupational licensure" means the granting of occupational licensure without an individual's having met occupational licensure requirements provided under this title or by the rules of the relevant occupational licensing entity; (2) "Occupational licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession, not including occupations or professions within the judicial branch of government or occupations or professions subject to the superintending control of the Supreme Court; (3) "Occupational licensure" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; (4) "Uniformed service member" means: (A) An active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard; (B) An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or (C) An active or reserve component member of the United States Commissioned Corps of the Public Health Service; and (5) "Uniformed service veteran" means a former member of the United States uniformed services discharged under conditions other than dishonorable. Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

As used in this chapter:

(1) "Automatic occupational licensure" means the granting of occupational licensure without an individual's having met occupational licensure requirements provided under this title or by the rules of the relevant occupational licensing entity;

(2) "Occupational licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession, not including occupations or professions within the judicial branch of government or occupations or professions subject to the superintending control of the Supreme Court;

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

(4) "Uniformed service member" means: (A) An active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard; (B) An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or (C) An active or reserve component member of the United States Commissioned Corps of the Public Health Service; and

(A) An active or reserve component member of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, United States Space Force, or National Guard;

(B) An active component member of the National Oceanic and Atmospheric Administration Commissioned Officer Corps; or

(C) An active or reserve component member of the United States Commissioned Corps of the Public Health Service; and

(5) "Uniformed service veteran" means a former member of the United States uniformed services discharged under conditions other than dishonorable.

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-82-602 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-602
Permit requirement
Status: in_force

(a) (1) Before an operator operates a mobile dental facility, the Arkansas State Board of Dental Examiners shall issue a permit to the operator to operate a mobile dental facility. (2) An operator shall submit an application for a mobile dental facility permit to the board in the form and manner required by the board along with a payment of five thousand dollars ($5,000). (3) Before issuing a permit to operate a mobile dental facility, the board shall determine that an operator meets all qualifications under this subchapter and rules of the board. (b) The initial application for a mobile dental facility permit shall include without limitation: (1) The full name, address, and telephone number of each dentist and dental hygienist who will work in a mobile dental facility; (2) (A) Proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars ($1,000,000) of general liability insurance. (B) An operator shall maintain the insurance coverage required under subdivision (b)(2)(A) of this section at all times during which the operator holds a mobile dental facility permit issued by the board; (3) The address and official telephone number of record of the operator; and (4) The written procedure required under § 17-82-603(f) . Acts 2009, No. 414, § 1.

(a) (1) Before an operator operates a mobile dental facility, the Arkansas State Board of Dental Examiners shall issue a permit to the operator to operate a mobile dental facility. (2) An operator shall submit an application for a mobile dental facility permit to the board in the form and manner required by the board along with a payment of five thousand dollars ($5,000). (3) Before issuing a permit to operate a mobile dental facility, the board shall determine that an operator meets all qualifications under this subchapter and rules of the board.

(1) Before an operator operates a mobile dental facility, the Arkansas State Board of Dental Examiners shall issue a permit to the operator to operate a mobile dental facility.

(2) An operator shall submit an application for a mobile dental facility permit to the board in the form and manner required by the board along with a payment of five thousand dollars ($5,000).

(3) Before issuing a permit to operate a mobile dental facility, the board shall determine that an operator meets all qualifications under this subchapter and rules of the board.

(b) The initial application for a mobile dental facility permit shall include without limitation: (1) The full name, address, and telephone number of each dentist and dental hygienist who will work in a mobile dental facility; (2) (A) Proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars ($1,000,000) of general liability insurance. (B) An operator shall maintain the insurance coverage required under subdivision (b)(2)(A) of this section at all times during which the operator holds a mobile dental facility permit issued by the board; (3) The address and official telephone number of record of the operator; and (4) The written procedure required under § 17-82-603(f) .

(1) The full name, address, and telephone number of each dentist and dental hygienist who will work in a mobile dental facility;

(2) (A) Proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars ($1,000,000) of general liability insurance. (B) An operator shall maintain the insurance coverage required under subdivision (b)(2)(A) of this section at all times during which the operator holds a mobile dental facility permit issued by the board;

(A) Proof of insurance from a licensed insurance carrier that the operator has in force at least one million dollars ($1,000,000) of general liability insurance.

(B) An operator shall maintain the insurance coverage required under subdivision (b)(2)(A) of this section at all times during which the operator holds a mobile dental facility permit issued by the board;

(3) The address and official telephone number of record of the operator; and

(4) The written procedure required under § 17-82-603(f) .

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-43-310 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-310
Proceedings for suspension, revocation, or refusal to renew
Status: in_force

(a) Before the Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board. (b) At least twenty (20) days before the date set for hearing, the board shall give written notice of the charges made and the date and place of the hearing to the accused. (c) Service of the notice may be made by personal service or by sending it by registered mail to the last known business address of the accused. (d) The accused shall have the opportunity to be heard in person and by counsel. (e) A stenographic record of the hearing shall be kept and a transcript of the hearing filed with the board. (f) The order of the board shall be made within thirty (30) days after the termination of the hearing. (g) Notice of the order of the board shall be given to the accused, either by personal service or by registered mail sent to the last known business address of the accused within ten (10) days after the order is made. Acts 1957, No. 281, § 18; A.S.A. 1947, § 71-1618.

(a) Before the Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board.

(b) At least twenty (20) days before the date set for hearing, the board shall give written notice of the charges made and the date and place of the hearing to the accused.

(c) Service of the notice may be made by personal service or by sending it by registered mail to the last known business address of the accused.

(d) The accused shall have the opportunity to be heard in person and by counsel.

(e) A stenographic record of the hearing shall be kept and a transcript of the hearing filed with the board.

(f) The order of the board shall be made within thirty (30) days after the termination of the hearing.

(g) Notice of the order of the board shall be given to the accused, either by personal service or by registered mail sent to the last known business address of the accused within ten (10) days after the order is made.

Acts 1957, No. 281, § 18; A.S.A. 1947, § 71-1618.
Ark. Code Ann. § 17-49-204 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-204
Penalties
Status: in_force

(a) Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than thirty (30) days nor more than one hundred (100) days. Each day's operation in violation of any provision of this subchapter shall be a separate offense. (b) Any motor vehicle operated in violation of this subchapter shall be kept in the custody of any state, county, or township officer sworn to preserve the peace and shall not be operated except under his or her authority and solely for the purpose of taking it to the nearest convenient place of custody until the provisions of this subchapter have been complied with. Acts 1941, No. 138, §§ 12, 15; A.S.A. 1947, §§ 84-2412, 84-2414.

(a) Any person violating any provision of this subchapter shall be guilty of a misdemeanor, except as herein otherwise provided, and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than thirty (30) days nor more than one hundred (100) days. Each day's operation in violation of any provision of this subchapter shall be a separate offense.

(b) Any motor vehicle operated in violation of this subchapter shall be kept in the custody of any state, county, or township officer sworn to preserve the peace and shall not be operated except under his or her authority and solely for the purpose of taking it to the nearest convenient place of custody until the provisions of this subchapter have been complied with.

Acts 1941, No. 138, §§ 12, 15; A.S.A. 1947, §§ 84-2412, 84-2414.
Ark. Code Ann. § 17-19-209 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-209
Violations - Hearings
Status: in_force

(a) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall investigate any alleged violation of this chapter. (b) Any person may file a complaint stating facts constituting an alleged violation of this chapter. The complaint shall be signed under penalty of perjury. (c) All hearings held under this chapter shall be conducted in the same manner as hearings held by the board under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise stated in this chapter. (d) (1) (A) With respect to the subject of any examination, investigation, or hearing being conducted by the board, the board or the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, with board approval, may subpoena witnesses and administer oaths and affirmations, and examine an individual under oath, and may require and compel the production of records, books, papers, contracts, and other documents. (B) A professional bail bondsman or professional bail bond company that fails to comply with this section may be subject to penalties under § 17-19-210 . (2) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail. (3) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, upon application of the board, the Pulaski County Circuit Court may issue an order requiring the individual to comply with the subpoena and to testify. (4) Any failure to obey the order of the court may be punished by the court as a contempt thereof. (5) Any person willfully testifying falsely under oath to any matter material to any examination, investigation, or hearing shall upon conviction be guilty of perjury and punished accordingly. (e) Not less than ten (10) days in advance, the board shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. (f) The board shall allow any party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of his or her interest, and to have subpoenas issued by the board to compel attendance of witnesses and production of evidence in his or her behalf. (g) (1) A party may appeal from any order of the board as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal to the court and by filing a copy of the notice with the board. (2) Within thirty (30) days after filing the copy of a notice of appeal with the board, the board shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the board and all evidence before the board in the matter, including all of the board's files therein. Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1997, No. 973, § 6; 1999, No. 1477, § 1; 2003, No. 1174, § 1; 2011, No. 218, § 1.

(a) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall investigate any alleged violation of this chapter.

(b) Any person may file a complaint stating facts constituting an alleged violation of this chapter. The complaint shall be signed under penalty of perjury.

(c) All hearings held under this chapter shall be conducted in the same manner as hearings held by the board under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise stated in this chapter.

(d) (1) (A) With respect to the subject of any examination, investigation, or hearing being conducted by the board, the board or the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, with board approval, may subpoena witnesses and administer oaths and affirmations, and examine an individual under oath, and may require and compel the production of records, books, papers, contracts, and other documents. (B) A professional bail bondsman or professional bail bond company that fails to comply with this section may be subject to penalties under § 17-19-210 . (2) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail. (3) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, upon application of the board, the Pulaski County Circuit Court may issue an order requiring the individual to comply with the subpoena and to testify. (4) Any failure to obey the order of the court may be punished by the court as a contempt thereof. (5) Any person willfully testifying falsely under oath to any matter material to any examination, investigation, or hearing shall upon conviction be guilty of perjury and punished accordingly.

(1) (A) With respect to the subject of any examination, investigation, or hearing being conducted by the board, the board or the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, with board approval, may subpoena witnesses and administer oaths and affirmations, and examine an individual under oath, and may require and compel the production of records, books, papers, contracts, and other documents. (B) A professional bail bondsman or professional bail bond company that fails to comply with this section may be subject to penalties under § 17-19-210 .

(A) With respect to the subject of any examination, investigation, or hearing being conducted by the board, the board or the Executive Director of the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, with board approval, may subpoena witnesses and administer oaths and affirmations, and examine an individual under oath, and may require and compel the production of records, books, papers, contracts, and other documents.

(B) A professional bail bondsman or professional bail bond company that fails to comply with this section may be subject to penalties under § 17-19-210 .

(2) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail.

(3) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, upon application of the board, the Pulaski County Circuit Court may issue an order requiring the individual to comply with the subpoena and to testify.

(4) Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(5) Any person willfully testifying falsely under oath to any matter material to any examination, investigation, or hearing shall upon conviction be guilty of perjury and punished accordingly.

(e) Not less than ten (10) days in advance, the board shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing.

(f) The board shall allow any party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of his or her interest, and to have subpoenas issued by the board to compel attendance of witnesses and production of evidence in his or her behalf.

(g) (1) A party may appeal from any order of the board as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal to the court and by filing a copy of the notice with the board. (2) Within thirty (30) days after filing the copy of a notice of appeal with the board, the board shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the board and all evidence before the board in the matter, including all of the board's files therein.

(1) A party may appeal from any order of the board as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal to the court and by filing a copy of the notice with the board.

(2) Within thirty (30) days after filing the copy of a notice of appeal with the board, the board shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the board and all evidence before the board in the matter, including all of the board's files therein.

Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1997, No. 973, § 6; 1999, No. 1477, § 1; 2003, No. 1174, § 1; 2011, No. 218, § 1.
Ark. Code Ann. § 17-104-303 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-303
License validity
Status: in_force

(a) A perfusionist's license is valid for two (2) years from the date it is issued and may be renewed. (b) A person may renew an unexpired license by submitting proof satisfactory to the Department of Health of compliance with the continuing professional education and clinical activities requirements prescribed by the State Board of Health and by paying the required renewal fee to the board before the expiration date of the license. (c) A person whose license has been expired for less than ninety (90) days may renew the license by submitting proof satisfactory to the department of compliance with the continuing professional education and clinical activities requirements prescribed by the board and by paying the required renewal fee and a penalty as established by the board. (d) A person whose license has been expired for more than ninety (90) days but less than two (2) years may renew the license by submitting proof satisfactory to the department of compliance with the continuing professional education and clinical activities requirements prescribed by the board and by paying the required renewal fee and a penalty as established by the department. (e) A person whose license has been expired for more than two (2) years may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining a license established under this chapter. (f) The department may renew an expired license without reexamination if the person was originally licensed in the State of Arkansas and at the time of the request for relicensure in Arkansas is licensed in another state and has been licensed to practice in that state for the preceding two (2) years before the request. The fee for this license shall be determined by the board. (g) The department shall notify each licensee in writing of the expiration date of the license at the licensee's last known address according to the records of the department. Acts 1999, No. 888, § 10; 2005, No. 1013, § 3.

(a) A perfusionist's license is valid for two (2) years from the date it is issued and may be renewed.

(b) A person may renew an unexpired license by submitting proof satisfactory to the Department of Health of compliance with the continuing professional education and clinical activities requirements prescribed by the State Board of Health and by paying the required renewal fee to the board before the expiration date of the license.

(c) A person whose license has been expired for less than ninety (90) days may renew the license by submitting proof satisfactory to the department of compliance with the continuing professional education and clinical activities requirements prescribed by the board and by paying the required renewal fee and a penalty as established by the board.

(d) A person whose license has been expired for more than ninety (90) days but less than two (2) years may renew the license by submitting proof satisfactory to the department of compliance with the continuing professional education and clinical activities requirements prescribed by the board and by paying the required renewal fee and a penalty as established by the department.

(e) A person whose license has been expired for more than two (2) years may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining a license established under this chapter.

(f) The department may renew an expired license without reexamination if the person was originally licensed in the State of Arkansas and at the time of the request for relicensure in Arkansas is licensed in another state and has been licensed to practice in that state for the preceding two (2) years before the request. The fee for this license shall be determined by the board.

(g) The department shall notify each licensee in writing of the expiration date of the license at the licensee's last known address according to the records of the department.

Acts 1999, No. 888, § 10; 2005, No. 1013, § 3.