Ark. Code Ann. § 17-12-203 — AR Code / Title 17 / Chapter 12 / Subchapter 2 / Section 17-12-203
Duties and powers
Status: in_force

(a) The Arkansas State Board of Public Accountancy may adopt, and amend from time to time, rules for the orderly conduct of its affairs and for the administration of this chapter. (b) (1) The Arkansas State Board of Public Accountancy shall prepare periodically and make available in media or a medium deemed appropriate by the Arkansas State Board of Public Accountancy a register which shall contain: (A) The names of all practitioners currently licensed to practice under this chapter; (B) The names of the members of the Arkansas State Board of Public Accountancy; and (C) Any other matters as may be deemed proper by the Arkansas State Board of Public Accountancy. (2) The Arkansas State Board of Public Accountancy may employ personnel and arrange for assistance as it may require for the performance of its duties. (c) (1) The Arkansas State Board of Public Accountancy may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity and dignity in the profession of public accountancy. (2) At least three (3) months before the promulgation of a rule or amendment to its rules of professional conduct, the Arkansas State Board of Public Accountancy shall mail copies of the proposed rule or amendment to each licensee with a notice advising him or her of the proposed effective date of the rule or amendment and requesting that he or she submit his or her comments thereon at least fifteen (15) days before its effective date. (3) Comments shall be advisory only. (4) Failure to mail the rule, amendment, or notice to all licensees shall not affect the validity of the rule or amendment. (d) The Arkansas State Board of Public Accountancy may issue any further rules, including, but not limited to, rules of professional conduct pertaining to licensees practicing public accounting which it deems consistent with or required by the public welfare. Among other things, the Arkansas State Board of Public Accountancy may prescribe rules for licensees: (1) Governing their style, name, and title; (2) Governing their affiliation with any other organization; and (3) Establishing reasonable standards with respect to professional liability insurance and capital requirements. (e) The Arkansas State Board of Public Accountancy may: (1) Adopt rules, not inconsistent with this subchapter, as necessary and proper to carry out the purposes and intentions of this subchapter; (2) (A) Issue subpoenas to compel the attendance of witnesses and the production of documents. (B) In case of refusal to obey a subpoena issued to any person, the Pulaski County Circuit Court, upon application by the Arkansas State Board of Public Accountancy, may issue an order requiring the person to appear before the Arkansas State Board of Public Accountancy to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. (C) Failure to obey the order of the court may be punished by the court as a contempt of court; (3) Administer oaths; (4) Take testimony and receive evidence; and (5) Cooperate with the following: (A) The Public Company Accounting Oversight Board; and (B) The appropriate state, federal, or foreign regulatory authorities having jurisdiction over the professional conduct in question. (f) (1) The Arkansas State Board of Public Accountancy and its agents are immune from personal liability for actions taken in good faith in the discharge of its responsibilities. (2) The state shall hold the Arkansas State Board of Public Accountancy, its members, and its agents harmless from all costs, damages, and attorney's fees arising from claims and suits against them with respect to matters to which the immunity applies. Amended by Act 2019, No. 315,§ 1330, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1329, eff. 7/24/2019. Amended by Act 2013, No. 90,§ 4, eff. 8/16/2013. Acts 1975, No. 160, § 2; 1979, No. 432, § 1; A.S.A. 1947, § 71-612; Acts 1997, No. 242, § 3; 1999, No. 180, § 10; 2005, No. 54, § 5.

(a) The Arkansas State Board of Public Accountancy may adopt, and amend from time to time, rules for the orderly conduct of its affairs and for the administration of this chapter.

(b) (1) The Arkansas State Board of Public Accountancy shall prepare periodically and make available in media or a medium deemed appropriate by the Arkansas State Board of Public Accountancy a register which shall contain: (A) The names of all practitioners currently licensed to practice under this chapter; (B) The names of the members of the Arkansas State Board of Public Accountancy; and (C) Any other matters as may be deemed proper by the Arkansas State Board of Public Accountancy. (2) The Arkansas State Board of Public Accountancy may employ personnel and arrange for assistance as it may require for the performance of its duties.

(1) The Arkansas State Board of Public Accountancy shall prepare periodically and make available in media or a medium deemed appropriate by the Arkansas State Board of Public Accountancy a register which shall contain: (A) The names of all practitioners currently licensed to practice under this chapter; (B) The names of the members of the Arkansas State Board of Public Accountancy; and (C) Any other matters as may be deemed proper by the Arkansas State Board of Public Accountancy.

(A) The names of all practitioners currently licensed to practice under this chapter;

(B) The names of the members of the Arkansas State Board of Public Accountancy; and

(C) Any other matters as may be deemed proper by the Arkansas State Board of Public Accountancy.

(2) The Arkansas State Board of Public Accountancy may employ personnel and arrange for assistance as it may require for the performance of its duties.

(c) (1) The Arkansas State Board of Public Accountancy may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity and dignity in the profession of public accountancy. (2) At least three (3) months before the promulgation of a rule or amendment to its rules of professional conduct, the Arkansas State Board of Public Accountancy shall mail copies of the proposed rule or amendment to each licensee with a notice advising him or her of the proposed effective date of the rule or amendment and requesting that he or she submit his or her comments thereon at least fifteen (15) days before its effective date. (3) Comments shall be advisory only. (4) Failure to mail the rule, amendment, or notice to all licensees shall not affect the validity of the rule or amendment.

(1) The Arkansas State Board of Public Accountancy may promulgate and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity and dignity in the profession of public accountancy.

(2) At least three (3) months before the promulgation of a rule or amendment to its rules of professional conduct, the Arkansas State Board of Public Accountancy shall mail copies of the proposed rule or amendment to each licensee with a notice advising him or her of the proposed effective date of the rule or amendment and requesting that he or she submit his or her comments thereon at least fifteen (15) days before its effective date.

(3) Comments shall be advisory only.

(4) Failure to mail the rule, amendment, or notice to all licensees shall not affect the validity of the rule or amendment.

(d) The Arkansas State Board of Public Accountancy may issue any further rules, including, but not limited to, rules of professional conduct pertaining to licensees practicing public accounting which it deems consistent with or required by the public welfare. Among other things, the Arkansas State Board of Public Accountancy may prescribe rules for licensees: (1) Governing their style, name, and title; (2) Governing their affiliation with any other organization; and (3) Establishing reasonable standards with respect to professional liability insurance and capital requirements.

(1) Governing their style, name, and title;

(2) Governing their affiliation with any other organization; and

(3) Establishing reasonable standards with respect to professional liability insurance and capital requirements.

(e) The Arkansas State Board of Public Accountancy may: (1) Adopt rules, not inconsistent with this subchapter, as necessary and proper to carry out the purposes and intentions of this subchapter; (2) (A) Issue subpoenas to compel the attendance of witnesses and the production of documents. (B) In case of refusal to obey a subpoena issued to any person, the Pulaski County Circuit Court, upon application by the Arkansas State Board of Public Accountancy, may issue an order requiring the person to appear before the Arkansas State Board of Public Accountancy to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. (C) Failure to obey the order of the court may be punished by the court as a contempt of court; (3) Administer oaths; (4) Take testimony and receive evidence; and (5) Cooperate with the following: (A) The Public Company Accounting Oversight Board; and (B) The appropriate state, federal, or foreign regulatory authorities having jurisdiction over the professional conduct in question.

(1) Adopt rules, not inconsistent with this subchapter, as necessary and proper to carry out the purposes and intentions of this subchapter;

(2) (A) Issue subpoenas to compel the attendance of witnesses and the production of documents. (B) In case of refusal to obey a subpoena issued to any person, the Pulaski County Circuit Court, upon application by the Arkansas State Board of Public Accountancy, may issue an order requiring the person to appear before the Arkansas State Board of Public Accountancy to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. (C) Failure to obey the order of the court may be punished by the court as a contempt of court;

(A) Issue subpoenas to compel the attendance of witnesses and the production of documents.

(B) In case of refusal to obey a subpoena issued to any person, the Pulaski County Circuit Court, upon application by the Arkansas State Board of Public Accountancy, may issue an order requiring the person to appear before the Arkansas State Board of Public Accountancy to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question.

(C) Failure to obey the order of the court may be punished by the court as a contempt of court;

(3) Administer oaths;

(4) Take testimony and receive evidence; and

(5) Cooperate with the following: (A) The Public Company Accounting Oversight Board; and (B) The appropriate state, federal, or foreign regulatory authorities having jurisdiction over the professional conduct in question.

(A) The Public Company Accounting Oversight Board; and

(B) The appropriate state, federal, or foreign regulatory authorities having jurisdiction over the professional conduct in question.

(f) (1) The Arkansas State Board of Public Accountancy and its agents are immune from personal liability for actions taken in good faith in the discharge of its responsibilities. (2) The state shall hold the Arkansas State Board of Public Accountancy, its members, and its agents harmless from all costs, damages, and attorney's fees arising from claims and suits against them with respect to matters to which the immunity applies.

(1) The Arkansas State Board of Public Accountancy and its agents are immune from personal liability for actions taken in good faith in the discharge of its responsibilities.

(2) The state shall hold the Arkansas State Board of Public Accountancy, its members, and its agents harmless from all costs, damages, and attorney's fees arising from claims and suits against them with respect to matters to which the immunity applies.

Amended by Act 2019, No. 315,§ 1330, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1329, eff. 7/24/2019.

Amended by Act 2013, No. 90,§ 4, eff. 8/16/2013.

Acts 1975, No. 160, § 2; 1979, No. 432, § 1; A.S.A. 1947, § 71-612; Acts 1997, No. 242, § 3; 1999, No. 180, § 10; 2005, No. 54, § 5.
Ark. Code Ann. § 17-89-302 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-302
Qualifications - Licensed dispensing opticians
Status: in_force

(a) Every applicant for examination as a licensed dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either: (1) Is a graduate of a school of opticianry whose curriculum consists of at least eighteen (18) months of didactic and practical instruction which is accredited by a national accreditation organization and approved by the board; or (2) (A) Has been engaged in the providing of ophthalmic dispensing services, as defined in this chapter, in the State of Arkansas for a period of not less than five (5) years immediately before application. (B) No more than three (3) years may consist of: (i) Working in a qualified service optical laboratory approved by the board; or (ii) Providing ophthalmic dispensing services under the direct supervision of an Arkansas-licensed or registered dispensing optician, Arkansas-licensed optometrist, or Arkansas physician skilled in diseases of the eye. (b) All persons making application for licensure as licensed dispensing opticians must successfully complete the written and practical examination prepared and conducted by the board. Amended by Act 2019, No. 990,§ 80, eff. 7/24/2019. Acts 1981, No. 589, § 7; A.S.A. 1947, § 72-2107; Acts 1987, No. 966, § 1; 1993, No. 1219, § 17.

(a) Every applicant for examination as a licensed dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either: (1) Is a graduate of a school of opticianry whose curriculum consists of at least eighteen (18) months of didactic and practical instruction which is accredited by a national accreditation organization and approved by the board; or (2) (A) Has been engaged in the providing of ophthalmic dispensing services, as defined in this chapter, in the State of Arkansas for a period of not less than five (5) years immediately before application. (B) No more than three (3) years may consist of: (i) Working in a qualified service optical laboratory approved by the board; or (ii) Providing ophthalmic dispensing services under the direct supervision of an Arkansas-licensed or registered dispensing optician, Arkansas-licensed optometrist, or Arkansas physician skilled in diseases of the eye.

(1) Is a graduate of a school of opticianry whose curriculum consists of at least eighteen (18) months of didactic and practical instruction which is accredited by a national accreditation organization and approved by the board; or

(2) (A) Has been engaged in the providing of ophthalmic dispensing services, as defined in this chapter, in the State of Arkansas for a period of not less than five (5) years immediately before application. (B) No more than three (3) years may consist of: (i) Working in a qualified service optical laboratory approved by the board; or (ii) Providing ophthalmic dispensing services under the direct supervision of an Arkansas-licensed or registered dispensing optician, Arkansas-licensed optometrist, or Arkansas physician skilled in diseases of the eye.

(A) Has been engaged in the providing of ophthalmic dispensing services, as defined in this chapter, in the State of Arkansas for a period of not less than five (5) years immediately before application.

(B) No more than three (3) years may consist of: (i) Working in a qualified service optical laboratory approved by the board; or (ii) Providing ophthalmic dispensing services under the direct supervision of an Arkansas-licensed or registered dispensing optician, Arkansas-licensed optometrist, or Arkansas physician skilled in diseases of the eye.

(i) Working in a qualified service optical laboratory approved by the board; or

(ii) Providing ophthalmic dispensing services under the direct supervision of an Arkansas-licensed or registered dispensing optician, Arkansas-licensed optometrist, or Arkansas physician skilled in diseases of the eye.

(b) All persons making application for licensure as licensed dispensing opticians must successfully complete the written and practical examination prepared and conducted by the board.

Amended by Act 2019, No. 990,§ 80, eff. 7/24/2019.

Acts 1981, No. 589, § 7; A.S.A. 1947, § 72-2107; Acts 1987, No. 966, § 1; 1993, No. 1219, § 17.
Ark. Code Ann. § 17-102-308 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-308
Continuing education
Status: in_force

(a) The Arkansas State Board of Acupuncture and Related Techniques shall not renew the license of any person engaged in the practice of acupuncture and related techniques unless the licensee presents to the board evidence of attendance at a board-approved educational session or sessions of not fewer than twenty-four (24) hours of continuing education within the previous biennial period. (b) Licensees residing out of state shall comply with the continuing education requirements. (c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license. Acts 1997, No. 816, § 21.

(a) The Arkansas State Board of Acupuncture and Related Techniques shall not renew the license of any person engaged in the practice of acupuncture and related techniques unless the licensee presents to the board evidence of attendance at a board-approved educational session or sessions of not fewer than twenty-four (24) hours of continuing education within the previous biennial period.

(b) Licensees residing out of state shall comply with the continuing education requirements.

(c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license.

Acts 1997, No. 816, § 21.
Ark. Code Ann. § 17-7-102 — AR Code / Title 17 / Chapter 7 / Section 17-7-102
Definitions
Status: in_force

As used in this chapter: (1) "Automatic occupational licensure" means the granting of occupational licensure to an individual who establishes residency in this state without the 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; and (3) "Occupational licensure" means a license, certificate, registration, permit, or other form of authorization, including without limitation military occupational specialty, required by law or rule that is required for an individual to engage in a particular occupation or profession. Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.

As used in this chapter:

(1) "Automatic occupational licensure" means the granting of occupational licensure to an individual who establishes residency in this state without the 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; and

(3) "Occupational licensure" means a license, certificate, registration, permit, or other form of authorization, including without limitation military occupational specialty, required by law or rule that is required for an individual to engage in a particular occupation or profession.

Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-42-310 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-310
Change of name or address - Lost license or card
Status: in_force

(a) (1) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the Arkansas Real Estate Commission of such a change or loss. (2) Upon receipt of the notice and payment of the relevant fee, the commission shall reissue the license. (b) It is the responsibility of each licensee to keep the commission notified of his or her mailing address, both home and business, at all times. (c) The licenses of the principal broker and all licensees employed by or associated with him or her shall be retained by the principal broker and conspicuously displayed in his or her place of business. (d) (1) Upon the termination of a licensee's employment by or association with a principal broker, the licensee shall promptly deliver his or her pocket card to the principal broker, and the principal broker shall promptly notify the commission of the termination and return to the commission the license and pocket card of the terminated licensee, which shall automatically inactivate the license. (2) If the pocket card is unavailable, the principal broker shall promptly so notify the commission in writing. (e) A license inactivated under this section may be transferred to another principal broker upon application of the licensee, payment of the relevant fee, and submission of a statement that he or she is not taking any listings, management contracts, appraisals, lease agreements, or copies of any such documents or any other pertinent information belonging to the licensee's previous principal broker or firm. Acts 1993, No. 690, § 15; 2005, No. 560, § 1.

(a) (1) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the Arkansas Real Estate Commission of such a change or loss. (2) Upon receipt of the notice and payment of the relevant fee, the commission shall reissue the license.

(1) When a licensee changes his or her name, place of business, or address shown on the license, or loses a license or pocket card, he or she shall promptly notify the Arkansas Real Estate Commission of such a change or loss.

(2) Upon receipt of the notice and payment of the relevant fee, the commission shall reissue the license.

(b) It is the responsibility of each licensee to keep the commission notified of his or her mailing address, both home and business, at all times.

(c) The licenses of the principal broker and all licensees employed by or associated with him or her shall be retained by the principal broker and conspicuously displayed in his or her place of business.

(d) (1) Upon the termination of a licensee's employment by or association with a principal broker, the licensee shall promptly deliver his or her pocket card to the principal broker, and the principal broker shall promptly notify the commission of the termination and return to the commission the license and pocket card of the terminated licensee, which shall automatically inactivate the license. (2) If the pocket card is unavailable, the principal broker shall promptly so notify the commission in writing.

(1) Upon the termination of a licensee's employment by or association with a principal broker, the licensee shall promptly deliver his or her pocket card to the principal broker, and the principal broker shall promptly notify the commission of the termination and return to the commission the license and pocket card of the terminated licensee, which shall automatically inactivate the license.

(2) If the pocket card is unavailable, the principal broker shall promptly so notify the commission in writing.

(e) A license inactivated under this section may be transferred to another principal broker upon application of the licensee, payment of the relevant fee, and submission of a statement that he or she is not taking any listings, management contracts, appraisals, lease agreements, or copies of any such documents or any other pertinent information belonging to the licensee's previous principal broker or firm.

Acts 1993, No. 690, § 15; 2005, No. 560, § 1.
Ark. Code Ann. § 17-106-204 — AR Code / Title 17 / Chapter 106 / Subchapter 2 / Section 17-106-204
Penalties
Status: in_force

If a radiologist assistant or a radiology practitioner assistant is found by the Arkansas State Medical Board to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter, the board may impose one (1) or more of the following penalties: (1) Suspension or revocation of the license to practice as a radiologist assistant or radiology practitioner assistant; (2) A fine not to exceed one thousand dollars ($1,000) per violation; (3) Recovery from the radiologist assistant or the radiology practitioner assistant of the costs of an investigation and hearing if the radiologist assistant or the radiology practitioner assistant is found to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter; (4) Placement of the radiologist assistant or the radiology practitioner assistant under probation; and (5) A reprimand. Acts 2009, No. 1457, § 1.

If a radiologist assistant or a radiology practitioner assistant is found by the Arkansas State Medical Board to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter, the board may impose one (1) or more of the following penalties:

(1) Suspension or revocation of the license to practice as a radiologist assistant or radiology practitioner assistant;

(2) A fine not to exceed one thousand dollars ($1,000) per violation;

(3) Recovery from the radiologist assistant or the radiology practitioner assistant of the costs of an investigation and hearing if the radiologist assistant or the radiology practitioner assistant is found to have violated the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules adopted under this subchapter;

(4) Placement of the radiologist assistant or the radiology practitioner assistant under probation; and

(5) A reprimand.

Acts 2009, No. 1457, § 1.
Ark. Code Ann. § 17-87-102 — AR Code / Title 17 / Chapter 87 / Subchapter 1 / Section 17-87-102
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the Arkansas State Board of Nursing; (2) "Collaborative practice agreement" means a written plan that identifies a physician who agrees to collaborate with an advanced practice registered nurse in the joint management of the health care of the advanced practice registered nurse's patients and that outlines procedures for consultation with or referral to the collaborating physician or other healthcare professional as indicated by a patient's healthcare needs; (3) "Consulting physician" means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., with obstetrical privileges in a hospital, who has agreed to practice in consultation with a certified nurse midwife; (4) (A) "Practice of advanced practice registered nursing" means the delivery of healthcare services for compensation by a professional nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education that certifies nurses for advanced practice roles as certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists. (B) "Practice of advanced practice registered nursing" includes the practice of nursing as a: (i) Certified nurse practitioner; (ii) Certified registered nurse anesthetist; (iii) Certified nurse midwife; and (iv) Clinical nurse specialist; (5) "Practice of certified nurse midwifery" means the performance for compensation of advanced nursing practices by a certified nurse midwife that are relevant to the management of women's health care, focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women within a healthcare system that provides for consultation, collaborative management, or referral as indicated by the health status of the client; (6) "Practice of certified nurse practitioner nursing" means the performance for compensation of advanced nursing practices by a registered nurse who, as demonstrated by national certification, has advanced knowledge and practice skills in the delivery of nursing services; (7) (A) "Practice of certified registered nurse anesthesia" means the performance for compensation of advanced nursing practices by a certified registered nurse anesthetist that are relevant to the administration of anesthetics in consultation with, but not necessarily in the presence of, a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia. (B) (i) A certified registered nurse anesthetist may order nurses, within his or her scope of practice, to administer drugs preoperatively and postoperatively in connection with an anesthetic or other operative or invasive procedure, or both, that will be or has been provided. (ii) A certified registered nurse anesthetist may select, obtain, and administer Schedule II drugs only during the perioperative, peri-obstetrical, and medical procedure period. (C) As used in this subdivision (7): (i) (a) "Consultation" means the manner and process utilized between a certified registered nurse anesthetist and a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia performing the procedure or directly involved with the procedure when working jointly toward a common goal of providing services for the patient. (b) In consultation, the consulting party shall remain immediately available for consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions. (c) The hospital's administrative staff, medical staff, and governing body shall determine the guidelines on "immediately available for consultation"; (ii) "Medical procedure" means a course of action intended to achieve a result in the delivery of health care as consulted by a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia; (iii) "Peri-obstetrical" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of the pregnant female; and (iv) "Perioperative" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of clients. (D) For purposes of this subdivision (7), a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia is not liable for any act or omission of a certified registered nurse anesthetist who orders or administers anesthetics; (8) "Practice of clinical nurse specialist nursing" means the performance for compensation of advanced nursing practices by a registered nurse who, through study and supervised practice at the graduate level and as evidenced by national certification, has advanced knowledge and practice skills in a specialized area of nursing practice; (9) "Practice of licensed practical nursing" means the performance for compensation of nursing practices by a licensed practical nurse that are relevant to the care of the ill, injured, or infirm, or the delegation of certain nursing practices to other personnel as set forth in rules established by the board, under the direction of a registered nurse, an advanced practice registered nurse, a licensed physician, or a licensed dentist that do not require the substantial specialized skill, judgment, and knowledge required in professional nursing; (10) "Practice of professional nursing" means the performance by a registered nurse or an advanced practice registered nurse for compensation of any acts involving: (A) The observation, care, and counsel of the ill, injured, or infirm; (B) The maintenance of health or prevention of illness of others; (C) The supervision and teaching of other personnel; (D) The delegation of certain nursing practices to other personnel as set forth in rules established by the board; or (E) The administration of medications and treatments as prescribed by practitioners authorized to prescribe and treat in accordance with state law when such acts require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences; (11) "Practice of psychiatric technician nursing" means the performance for compensation of nursing practices by a licensed psychiatric technician nurse that are relevant to the care of the physically and mentally impaired, injured, or infirm or the delegation of certain nursing practices to other personnel as set forth in rules established by the board, and the carrying out of medical orders under the direction of a professional registered nurse, an advanced practice registered nurse, a licensed physician, or a licensed dentist, when such activities do not require the substantial specialized skill, judgment, and knowledge required in professional nursing; and (12) (A) "Practice of registered nurse practitioner nursing" means the performance for compensation of nursing practices by a registered nurse practitioner that are relevant to the delivery of healthcare services in collaboration with and under the direction of a licensed physician or under the direction of protocols developed with a licensed physician. (B) A registered nurse practitioner is authorized to engage in nursing practices as recognized by the nursing profession and as authorized by the board. Amended by Act 2021, No. 449,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1539, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1538, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1537, eff. 7/24/2019. Amended by Act 2015, No. 1156,§ 14, eff. 7/22/2015. Acts 1971, No. 432, § 2; 1979, No. 404, §§ 1, 7; 1979, No. 613, § 2; A.S.A. 1947, § 72-746; Acts 1995, No. 409, § 2; 1997, No. 1065, § 1; 1999, No. 1208, § 1.

As used in this chapter:

(1) "Board" means the Arkansas State Board of Nursing;

(2) "Collaborative practice agreement" means a written plan that identifies a physician who agrees to collaborate with an advanced practice registered nurse in the joint management of the health care of the advanced practice registered nurse's patients and that outlines procedures for consultation with or referral to the collaborating physician or other healthcare professional as indicated by a patient's healthcare needs;

(3) "Consulting physician" means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., with obstetrical privileges in a hospital, who has agreed to practice in consultation with a certified nurse midwife;

(4) (A) "Practice of advanced practice registered nursing" means the delivery of healthcare services for compensation by a professional nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education that certifies nurses for advanced practice roles as certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists. (B) "Practice of advanced practice registered nursing" includes the practice of nursing as a: (i) Certified nurse practitioner; (ii) Certified registered nurse anesthetist; (iii) Certified nurse midwife; and (iv) Clinical nurse specialist;

(A) "Practice of advanced practice registered nursing" means the delivery of healthcare services for compensation by a professional nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education that certifies nurses for advanced practice roles as certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists.

(B) "Practice of advanced practice registered nursing" includes the practice of nursing as a: (i) Certified nurse practitioner; (ii) Certified registered nurse anesthetist; (iii) Certified nurse midwife; and (iv) Clinical nurse specialist;

(i) Certified nurse practitioner;

(ii) Certified registered nurse anesthetist;

(iii) Certified nurse midwife; and

(iv) Clinical nurse specialist;

(5) "Practice of certified nurse midwifery" means the performance for compensation of advanced nursing practices by a certified nurse midwife that are relevant to the management of women's health care, focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women within a healthcare system that provides for consultation, collaborative management, or referral as indicated by the health status of the client;

(6) "Practice of certified nurse practitioner nursing" means the performance for compensation of advanced nursing practices by a registered nurse who, as demonstrated by national certification, has advanced knowledge and practice skills in the delivery of nursing services;

(7) (A) "Practice of certified registered nurse anesthesia" means the performance for compensation of advanced nursing practices by a certified registered nurse anesthetist that are relevant to the administration of anesthetics in consultation with, but not necessarily in the presence of, a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia. (B) (i) A certified registered nurse anesthetist may order nurses, within his or her scope of practice, to administer drugs preoperatively and postoperatively in connection with an anesthetic or other operative or invasive procedure, or both, that will be or has been provided. (ii) A certified registered nurse anesthetist may select, obtain, and administer Schedule II drugs only during the perioperative, peri-obstetrical, and medical procedure period. (C) As used in this subdivision (7): (i) (a) "Consultation" means the manner and process utilized between a certified registered nurse anesthetist and a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia performing the procedure or directly involved with the procedure when working jointly toward a common goal of providing services for the patient. (b) In consultation, the consulting party shall remain immediately available for consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions. (c) The hospital's administrative staff, medical staff, and governing body shall determine the guidelines on "immediately available for consultation"; (ii) "Medical procedure" means a course of action intended to achieve a result in the delivery of health care as consulted by a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia; (iii) "Peri-obstetrical" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of the pregnant female; and (iv) "Perioperative" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of clients. (D) For purposes of this subdivision (7), a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia is not liable for any act or omission of a certified registered nurse anesthetist who orders or administers anesthetics;

(A) "Practice of certified registered nurse anesthesia" means the performance for compensation of advanced nursing practices by a certified registered nurse anesthetist that are relevant to the administration of anesthetics in consultation with, but not necessarily in the presence of, a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia.

(B) (i) A certified registered nurse anesthetist may order nurses, within his or her scope of practice, to administer drugs preoperatively and postoperatively in connection with an anesthetic or other operative or invasive procedure, or both, that will be or has been provided. (ii) A certified registered nurse anesthetist may select, obtain, and administer Schedule II drugs only during the perioperative, peri-obstetrical, and medical procedure period.

(i) A certified registered nurse anesthetist may order nurses, within his or her scope of practice, to administer drugs preoperatively and postoperatively in connection with an anesthetic or other operative or invasive procedure, or both, that will be or has been provided.

(ii) A certified registered nurse anesthetist may select, obtain, and administer Schedule II drugs only during the perioperative, peri-obstetrical, and medical procedure period.

(C) As used in this subdivision (7): (i) (a) "Consultation" means the manner and process utilized between a certified registered nurse anesthetist and a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia performing the procedure or directly involved with the procedure when working jointly toward a common goal of providing services for the patient. (b) In consultation, the consulting party shall remain immediately available for consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions. (c) The hospital's administrative staff, medical staff, and governing body shall determine the guidelines on "immediately available for consultation"; (ii) "Medical procedure" means a course of action intended to achieve a result in the delivery of health care as consulted by a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia; (iii) "Peri-obstetrical" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of the pregnant female; and (iv) "Perioperative" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of clients.

(i) (a) "Consultation" means the manner and process utilized between a certified registered nurse anesthetist and a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia performing the procedure or directly involved with the procedure when working jointly toward a common goal of providing services for the patient. (b) In consultation, the consulting party shall remain immediately available for consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions. (c) The hospital's administrative staff, medical staff, and governing body shall determine the guidelines on "immediately available for consultation";

(a) "Consultation" means the manner and process utilized between a certified registered nurse anesthetist and a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia performing the procedure or directly involved with the procedure when working jointly toward a common goal of providing services for the patient.

(b) In consultation, the consulting party shall remain immediately available for consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions.

(c) The hospital's administrative staff, medical staff, and governing body shall determine the guidelines on "immediately available for consultation";

(ii) "Medical procedure" means a course of action intended to achieve a result in the delivery of health care as consulted by a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia;

(iii) "Peri-obstetrical" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of the pregnant female; and

(iv) "Perioperative" means preanesthetic preparation or evaluation, anesthesia induction, maintenance or emergence, or postanesthesia care of clients.

(D) For purposes of this subdivision (7), a licensed physician, licensed dentist, or other person lawfully entitled to order anesthesia is not liable for any act or omission of a certified registered nurse anesthetist who orders or administers anesthetics;

(8) "Practice of clinical nurse specialist nursing" means the performance for compensation of advanced nursing practices by a registered nurse who, through study and supervised practice at the graduate level and as evidenced by national certification, has advanced knowledge and practice skills in a specialized area of nursing practice;

(9) "Practice of licensed practical nursing" means the performance for compensation of nursing practices by a licensed practical nurse that are relevant to the care of the ill, injured, or infirm, or the delegation of certain nursing practices to other personnel as set forth in rules established by the board, under the direction of a registered nurse, an advanced practice registered nurse, a licensed physician, or a licensed dentist that do not require the substantial specialized skill, judgment, and knowledge required in professional nursing;

(10) "Practice of professional nursing" means the performance by a registered nurse or an advanced practice registered nurse for compensation of any acts involving: (A) The observation, care, and counsel of the ill, injured, or infirm; (B) The maintenance of health or prevention of illness of others; (C) The supervision and teaching of other personnel; (D) The delegation of certain nursing practices to other personnel as set forth in rules established by the board; or (E) The administration of medications and treatments as prescribed by practitioners authorized to prescribe and treat in accordance with state law when such acts require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences;

(A) The observation, care, and counsel of the ill, injured, or infirm;

(B) The maintenance of health or prevention of illness of others;

(C) The supervision and teaching of other personnel;

(D) The delegation of certain nursing practices to other personnel as set forth in rules established by the board; or

(E) The administration of medications and treatments as prescribed by practitioners authorized to prescribe and treat in accordance with state law when such acts require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences;

(11) "Practice of psychiatric technician nursing" means the performance for compensation of nursing practices by a licensed psychiatric technician nurse that are relevant to the care of the physically and mentally impaired, injured, or infirm or the delegation of certain nursing practices to other personnel as set forth in rules established by the board, and the carrying out of medical orders under the direction of a professional registered nurse, an advanced practice registered nurse, a licensed physician, or a licensed dentist, when such activities do not require the substantial specialized skill, judgment, and knowledge required in professional nursing; and

(12) (A) "Practice of registered nurse practitioner nursing" means the performance for compensation of nursing practices by a registered nurse practitioner that are relevant to the delivery of healthcare services in collaboration with and under the direction of a licensed physician or under the direction of protocols developed with a licensed physician. (B) A registered nurse practitioner is authorized to engage in nursing practices as recognized by the nursing profession and as authorized by the board.

(A) "Practice of registered nurse practitioner nursing" means the performance for compensation of nursing practices by a registered nurse practitioner that are relevant to the delivery of healthcare services in collaboration with and under the direction of a licensed physician or under the direction of protocols developed with a licensed physician.

(B) A registered nurse practitioner is authorized to engage in nursing practices as recognized by the nursing profession and as authorized by the board.

Amended by Act 2021, No. 449,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1539, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1538, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1537, eff. 7/24/2019.

Amended by Act 2015, No. 1156,§ 14, eff. 7/22/2015.

Acts 1971, No. 432, § 2; 1979, No. 404, §§ 1, 7; 1979, No. 613, § 2; A.S.A. 1947, § 72-746; Acts 1995, No. 409, § 2; 1997, No. 1065, § 1; 1999, No. 1208, § 1.
Ark. Code Ann. § 17-48-102 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-102
Penalties - Enforcement
Status: in_force

(a) (1) Unless a different penalty is specifically provided, a person who violates this chapter shall be guilty of a Class B misdemeanor. (2) It is the duty of all duly constituted officers of the state and all of its political subdivisions to enforce this chapter and prosecute any persons violating it. (b) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors may levy a civil penalty against any licensed engineer, professional surveyor, or surveyor intern who: (A) Is found guilty of: (i) Fraud or deceit in his or her practice or in securing a certificate of licensure; or (ii) Gross negligence, incompetence, or misconduct; or (B) Fails or refuses to comply with any laws relating to the licensure and practice of engineers, professional surveyors, or surveyor interns or any rules adopted by the board under the authority granted in such laws. (2) Any civil penalty levied by the board may be in lieu of or in addition to any other sanction imposed by the board. (3) A civil penalty assessed by the board shall not be more than five thousand dollars ($5,000). (c) The Attorney General or his or her assistants shall act as legal advisors to the board and render such legal assistance as may be necessary. (d) The board may employ counsel to enforce this chapter, the costs to be paid from the funds of the board. Amended by Act 2019, No. 315,§ 1474, eff. 7/24/2019. Acts 1967, No. 101, § 12; A.S.A. 1947, § 71-2311; Acts 1987, No. 1070, § 2; 2005, No. 1178, § 8; 2005, No. 1994, § 401; 2009, No. 444, § 5.

(a) (1) Unless a different penalty is specifically provided, a person who violates this chapter shall be guilty of a Class B misdemeanor. (2) It is the duty of all duly constituted officers of the state and all of its political subdivisions to enforce this chapter and prosecute any persons violating it.

(1) Unless a different penalty is specifically provided, a person who violates this chapter shall be guilty of a Class B misdemeanor.

(2) It is the duty of all duly constituted officers of the state and all of its political subdivisions to enforce this chapter and prosecute any persons violating it.

(b) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors may levy a civil penalty against any licensed engineer, professional surveyor, or surveyor intern who: (A) Is found guilty of: (i) Fraud or deceit in his or her practice or in securing a certificate of licensure; or (ii) Gross negligence, incompetence, or misconduct; or (B) Fails or refuses to comply with any laws relating to the licensure and practice of engineers, professional surveyors, or surveyor interns or any rules adopted by the board under the authority granted in such laws. (2) Any civil penalty levied by the board may be in lieu of or in addition to any other sanction imposed by the board. (3) A civil penalty assessed by the board shall not be more than five thousand dollars ($5,000).

(1) The State Board of Licensure for Professional Engineers and Professional Surveyors may levy a civil penalty against any licensed engineer, professional surveyor, or surveyor intern who: (A) Is found guilty of: (i) Fraud or deceit in his or her practice or in securing a certificate of licensure; or (ii) Gross negligence, incompetence, or misconduct; or (B) Fails or refuses to comply with any laws relating to the licensure and practice of engineers, professional surveyors, or surveyor interns or any rules adopted by the board under the authority granted in such laws.

(A) Is found guilty of: (i) Fraud or deceit in his or her practice or in securing a certificate of licensure; or (ii) Gross negligence, incompetence, or misconduct; or

(i) Fraud or deceit in his or her practice or in securing a certificate of licensure; or

(ii) Gross negligence, incompetence, or misconduct; or

(B) Fails or refuses to comply with any laws relating to the licensure and practice of engineers, professional surveyors, or surveyor interns or any rules adopted by the board under the authority granted in such laws.

(2) Any civil penalty levied by the board may be in lieu of or in addition to any other sanction imposed by the board.

(3) A civil penalty assessed by the board shall not be more than five thousand dollars ($5,000).

(c) The Attorney General or his or her assistants shall act as legal advisors to the board and render such legal assistance as may be necessary.

(d) The board may employ counsel to enforce this chapter, the costs to be paid from the funds of the board.

Amended by Act 2019, No. 315,§ 1474, eff. 7/24/2019.

Acts 1967, No. 101, § 12; A.S.A. 1947, § 71-2311; Acts 1987, No. 1070, § 2; 2005, No. 1178, § 8; 2005, No. 1994, § 401; 2009, No. 444, § 5.
Ark. Code Ann. § 17-95-1109 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1109
Denial, suspension, revocation, or refusal to renew - Censure
Status: in_force

(a) The Arkansas State Medical Board may deny, suspend, revoke, or refuse to renew a license, or may reprimand, censure, place on probation, or otherwise discipline a licensee, upon proof that the licensee has: (1) Obtained or attempted to obtain a license by fraud or deception; (2) Been convicted of a felony under state or federal law; (3) Been adjudicated mentally ill or incompetent by a court; (4) Used illicit drugs or intoxicating liquors, narcotics, controlled substances, or other drugs or stimulants to an extent that adversely affects the practice of genetic counseling; (5) Engaged in unethical or unprofessional conduct, including without limitation willful acts, negligence, or incompetence in the course of professional practice; (6) Violated any provision of this subchapter or any rule of the board; or (7) Been denied licensure or disciplined in another state or territory in connection with a license in another state or territory. (b) A licensee under subsection (a) of this section shall promptly deliver his or her license to the board if the licensee: (1) Has his or her license suspended or revoked; or (2) Surrenders his or her license with or without prejudice if the surrender is approved by the board. (c) The board may restore a license or remove a probation on a license based on the decision of the board. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

(a) The Arkansas State Medical Board may deny, suspend, revoke, or refuse to renew a license, or may reprimand, censure, place on probation, or otherwise discipline a licensee, upon proof that the licensee has: (1) Obtained or attempted to obtain a license by fraud or deception; (2) Been convicted of a felony under state or federal law; (3) Been adjudicated mentally ill or incompetent by a court; (4) Used illicit drugs or intoxicating liquors, narcotics, controlled substances, or other drugs or stimulants to an extent that adversely affects the practice of genetic counseling; (5) Engaged in unethical or unprofessional conduct, including without limitation willful acts, negligence, or incompetence in the course of professional practice; (6) Violated any provision of this subchapter or any rule of the board; or (7) Been denied licensure or disciplined in another state or territory in connection with a license in another state or territory.

(1) Obtained or attempted to obtain a license by fraud or deception;

(2) Been convicted of a felony under state or federal law;

(3) Been adjudicated mentally ill or incompetent by a court;

(4) Used illicit drugs or intoxicating liquors, narcotics, controlled substances, or other drugs or stimulants to an extent that adversely affects the practice of genetic counseling;

(5) Engaged in unethical or unprofessional conduct, including without limitation willful acts, negligence, or incompetence in the course of professional practice;

(6) Violated any provision of this subchapter or any rule of the board; or

(7) Been denied licensure or disciplined in another state or territory in connection with a license in another state or territory.

(b) A licensee under subsection (a) of this section shall promptly deliver his or her license to the board if the licensee: (1) Has his or her license suspended or revoked; or (2) Surrenders his or her license with or without prejudice if the surrender is approved by the board.

(1) Has his or her license suspended or revoked; or

(2) Surrenders his or her license with or without prejudice if the surrender is approved by the board.

(c) The board may restore a license or remove a probation on a license based on the decision of the board.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-39-206 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-206
Intern polygraph examiner license
Status: in_force

(a) (1) The Director of the Division of Arkansas State Police shall issue an intern polygraph examiner license to an applicant, provided that he or she submits a properly completed application, meets the licensing requirements, and pays the required fee under § 17-39-207 . (2) The application shall contain information required by the director. (b) A person is qualified to receive an intern polygraph examiner license if he or she: (1) Is at least twenty-one (21) years of age at the time of application; (2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subsection, the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience; (4) Is a graduate of a polygraph examiners course approved by the director; and (5) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (c) (1) An intern polygraph examiner license shall be valid for the term of twelve (12) months from the date of issue. (2) The intern polygraph examiner license may be renewed for one (1) six-month period. (d) (1) An intern polygraph examiner license that is not renewed is permanently expired. (2) A person whose intern polygraph examiner license expired under subdivision (d)(1) of this section and who subsequently wishes to obtain an intern polygraph examiner license shall make application as required by this section. Amended by Act 2019, No. 910,§ 5939, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 16, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 15, eff. 8/16/2013. Acts 1967, No. 413, § 12; A.S.A. 1947, § 71-2211.

(a) (1) The Director of the Division of Arkansas State Police shall issue an intern polygraph examiner license to an applicant, provided that he or she submits a properly completed application, meets the licensing requirements, and pays the required fee under § 17-39-207 . (2) The application shall contain information required by the director.

(1) The Director of the Division of Arkansas State Police shall issue an intern polygraph examiner license to an applicant, provided that he or she submits a properly completed application, meets the licensing requirements, and pays the required fee under § 17-39-207 .

(2) The application shall contain information required by the director.

(b) A person is qualified to receive an intern polygraph examiner license if he or she: (1) Is at least twenty-one (21) years of age at the time of application; (2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subsection, the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience; (4) Is a graduate of a polygraph examiners course approved by the director; and (5) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

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

(2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subsection, the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude.

(i) Felony;

(ii) Class A misdemeanor;

(iii) Crime involving violence; or

(iv) Crime involving moral turpitude.

(B) For purposes of this subsection, the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience;

(4) Is a graduate of a polygraph examiners course approved by the director; and

(5) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(c) (1) An intern polygraph examiner license shall be valid for the term of twelve (12) months from the date of issue. (2) The intern polygraph examiner license may be renewed for one (1) six-month period.

(1) An intern polygraph examiner license shall be valid for the term of twelve (12) months from the date of issue.

(2) The intern polygraph examiner license may be renewed for one (1) six-month period.

(d) (1) An intern polygraph examiner license that is not renewed is permanently expired. (2) A person whose intern polygraph examiner license expired under subdivision (d)(1) of this section and who subsequently wishes to obtain an intern polygraph examiner license shall make application as required by this section.

(1) An intern polygraph examiner license that is not renewed is permanently expired.

(2) A person whose intern polygraph examiner license expired under subdivision (d)(1) of this section and who subsequently wishes to obtain an intern polygraph examiner license shall make application as required by this section.

Amended by Act 2019, No. 910,§ 5939, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 16, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 15, eff. 8/16/2013.

Acts 1967, No. 413, § 12; A.S.A. 1947, § 71-2211.
Ark. Code Ann. § 17-40-209 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-209
Fees - Disposition of funds - Legislative intent
Status: in_force

(a) It is the intent of the General Assembly that the cost of investigating and credentialing private investigators or licensing private security agencies as authorized by this chapter be borne by the individuals and agencies so credentialed or licensed. (b) To assure that the intent is carried out, the expenditure for personal services and operating expenses associated with investigating and licensing, credentialing, or commissioning of individuals and agencies required to be licensed, credentialed, or commissioned under this chapter shall be limited in the aggregate to the amount deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund from license, credential, and commission fees of the individuals and agencies. (c) In order to provide sufficient revenues to carry out the duties and functions prescribed by this chapter, the Director of the Division of Arkansas State Police shall levy fees for licenses, credentials, and commissions as authorized by this chapter as determined by the director. (d) A late fee or a fine may be levied by the director. (e) (1) All funds received by the director shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall carry over to the next fiscal year and shall not revert to any other fund. Amended by Act 2019, No. 910,§ 5968, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5967, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 55, eff. 9/1/2015. Acts 1977, No. 429, § 17; 1979, No. 907, § 11; 1981, No. 792, § 9; 1983, No. 537, § 8; A.S.A. 1947, §§ 71-2138, 71-2162; Acts 1989, No. 926, § 3; 1995, No. 430, § 1; 1999, No. 1493, § 4; 2005, No. 2237, § 8.

(a) It is the intent of the General Assembly that the cost of investigating and credentialing private investigators or licensing private security agencies as authorized by this chapter be borne by the individuals and agencies so credentialed or licensed.

(b) To assure that the intent is carried out, the expenditure for personal services and operating expenses associated with investigating and licensing, credentialing, or commissioning of individuals and agencies required to be licensed, credentialed, or commissioned under this chapter shall be limited in the aggregate to the amount deposited into the State Treasury to the credit of the Division of Arkansas State Police Fund from license, credential, and commission fees of the individuals and agencies.

(c) In order to provide sufficient revenues to carry out the duties and functions prescribed by this chapter, the Director of the Division of Arkansas State Police shall levy fees for licenses, credentials, and commissions as authorized by this chapter as determined by the director.

(d) A late fee or a fine may be levied by the director.

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

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

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

Amended by Act 2019, No. 910,§ 5968, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5967, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 55, eff. 9/1/2015.

Acts 1977, No. 429, § 17; 1979, No. 907, § 11; 1981, No. 792, § 9; 1983, No. 537, § 8; A.S.A. 1947, §§ 71-2138, 71-2162; Acts 1989, No. 926, § 3; 1995, No. 430, § 1; 1999, No. 1493, § 4; 2005, No. 2237, § 8.
Ark. Code Ann. § 17-14-301 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-301
Business entities - Eligibility for licensing
Status: in_force

A registration, license, or certificate shall not be issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to a firm, corporation, partnership, group, or other business entity. Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 2001, No. 1256, § 9; 2009, No. 628, § 13.

A registration, license, or certificate shall not be issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., to a firm, corporation, partnership, group, or other business entity.

Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 2001, No. 1256, § 9; 2009, No. 628, § 13.
Ark. Code Ann. § 17-27-410 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-410
Certified alcoholism and drug abuse technician - Certification requirements
Status: in_force

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the certification as a certified alcoholism and drug abuse technician to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a high school diploma or equivalent. (b) The certification shall be displayed in the technician's principal place of practice and shall entitle the individual to hold himself or herself forth to the public as providing services as authorized by this subchapter. (c) Technicians certified by the board may engage in the practice of alcoholism and drug abuse counseling only while under the direct supervision of a licensed alcoholism and drug abuse counselor who is registered as a registered clinical supervisor by the board. (d) A technician shall not receive a license as a licensed alcoholism and drug abuse counselor or a license as an associate alcoholism and drug abuse counselor unless the provisions of §§ 17-27-408 and 17-27-409 have been met. Amended by Act 2013, No. 1249,§ 5, eff. 7/1/2013. Acts 1999, No. 1588, § 10; 2009, No. 443, § 2.

(a) The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall issue the certification as a certified alcoholism and drug abuse technician to an applicant who meets the following requirements: (1) Is at least twenty-one (21) years of age; (2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board; (3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research; (4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board; (5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met; (6) Has submitted three (3) letters of reference; (7) Has paid to the board an examination fee fixed by the board; (8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession; (9) Has signed a written agreement to abide by the code of ethics adopted by the board; and (10) Holds a high school diploma or equivalent.

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

(2) (A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience. (B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board;

(A) Has successfully completed a minimum of three (3) years or six thousand (6,000) hours of supervised experience.

(B) Supervised experience shall be approved and documented by a registered clinical supervisor in good standing with the board;

(3) (A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education. (B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research;

(A) Has successfully completed a minimum of two hundred seventy (270) clock hours of approved education.

(B) Approved education shall be directly related to alcoholism or drug abuse counseling subjects, theory, practice, or research;

(4) Has submitted an application on a form provided by the board and paid an application fee fixed by the board;

(5) Has certified under penalty of perjury as evidenced by a notarized signature on the application for licensure that all education and experience requirements have been met;

(6) Has submitted three (3) letters of reference;

(7) Has paid to the board an examination fee fixed by the board;

(8) Has passed a national qualifying written examination prescribed by the board, sufficient to ensure professional competence in keeping with the highest standards of the alcoholism and drug abuse counseling profession;

(9) Has signed a written agreement to abide by the code of ethics adopted by the board; and

(10) Holds a high school diploma or equivalent.

(b) The certification shall be displayed in the technician's principal place of practice and shall entitle the individual to hold himself or herself forth to the public as providing services as authorized by this subchapter.

(c) Technicians certified by the board may engage in the practice of alcoholism and drug abuse counseling only while under the direct supervision of a licensed alcoholism and drug abuse counselor who is registered as a registered clinical supervisor by the board.

(d) A technician shall not receive a license as a licensed alcoholism and drug abuse counselor or a license as an associate alcoholism and drug abuse counselor unless the provisions of §§ 17-27-408 and 17-27-409 have been met.

Amended by Act 2013, No. 1249,§ 5, eff. 7/1/2013.

Acts 1999, No. 1588, § 10; 2009, No. 443, § 2.
Ark. Code Ann. § 17-15-311 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-311
Fees
Status: in_force

(a) For the purpose of defraying the expenses of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and as required for carrying out the provisions of this chapter, the following fees and penalties shall be paid by an architect licensed under this chapter: (1) For an application for examination and registration, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); (2) For a certificate of registration by exemption, or by transfer of registration from another state or country, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); (3) For annual renewal of the registration certificate, an amount to be fixed by the board that shall at no time exceed the sum of two hundred fifty dollars ($250); (4) For the restoration of a revoked certificate of registration or revoked corporate registration, an amount to be fixed by the board that shall at no time exceed the annual renewal fees in effect plus a penalty of fifty dollars ($50.00) for each month for the first three (3) months during which time the certificate of registration or corporation registration has been revoked. Thereafter, an additional penalty of one hundred dollars ($100) for the balance of one (1) year for a maximum penalty of two hundred fifty dollars ($250) per year for a maximum of three (3) years; (5) For a certificate of registration for a corporation, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); and (6) (A) For the issuing of an emeritus license, an amount to be fixed by the board that shall at no time exceed the sum of fifty dollars ($50). (B) An emeritus license may be issued by the board to an architect who: (i) Is at least sixty-five (65) years of age; (ii) Has retired; and (iii) Does not practice architecture. (b) (1) All fees must accompany applications. (2) No part of these fees shall be refunded except such part as may be refunded when a certificate of registration is not issued, as may be provided under the rules of the board. (c) It is unlawful for an unregistered person to collect a fee for architectural services, except as an employee collecting a fee as a representative of a registered architect who has performed architectural services. (d) The fee for a duplicate license shall not exceed one hundred dollars ($100). Acts 1941, No. 270, § 9; 1971, No. 582, § 6; A.S.A. 1947, § 71-309; Acts 1991, No. 167, § 1; 1993, No. 578, § 3; 2009, No. 1367, § 10.

(a) For the purpose of defraying the expenses of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and as required for carrying out the provisions of this chapter, the following fees and penalties shall be paid by an architect licensed under this chapter: (1) For an application for examination and registration, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); (2) For a certificate of registration by exemption, or by transfer of registration from another state or country, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); (3) For annual renewal of the registration certificate, an amount to be fixed by the board that shall at no time exceed the sum of two hundred fifty dollars ($250); (4) For the restoration of a revoked certificate of registration or revoked corporate registration, an amount to be fixed by the board that shall at no time exceed the annual renewal fees in effect plus a penalty of fifty dollars ($50.00) for each month for the first three (3) months during which time the certificate of registration or corporation registration has been revoked. Thereafter, an additional penalty of one hundred dollars ($100) for the balance of one (1) year for a maximum penalty of two hundred fifty dollars ($250) per year for a maximum of three (3) years; (5) For a certificate of registration for a corporation, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); and (6) (A) For the issuing of an emeritus license, an amount to be fixed by the board that shall at no time exceed the sum of fifty dollars ($50). (B) An emeritus license may be issued by the board to an architect who: (i) Is at least sixty-five (65) years of age; (ii) Has retired; and (iii) Does not practice architecture.

(1) For an application for examination and registration, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350);

(2) For a certificate of registration by exemption, or by transfer of registration from another state or country, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350);

(3) For annual renewal of the registration certificate, an amount to be fixed by the board that shall at no time exceed the sum of two hundred fifty dollars ($250);

(4) For the restoration of a revoked certificate of registration or revoked corporate registration, an amount to be fixed by the board that shall at no time exceed the annual renewal fees in effect plus a penalty of fifty dollars ($50.00) for each month for the first three (3) months during which time the certificate of registration or corporation registration has been revoked. Thereafter, an additional penalty of one hundred dollars ($100) for the balance of one (1) year for a maximum penalty of two hundred fifty dollars ($250) per year for a maximum of three (3) years;

(5) For a certificate of registration for a corporation, an amount to be fixed by the board that shall at no time exceed the sum of three hundred fifty dollars ($350); and

(6) (A) For the issuing of an emeritus license, an amount to be fixed by the board that shall at no time exceed the sum of fifty dollars ($50). (B) An emeritus license may be issued by the board to an architect who: (i) Is at least sixty-five (65) years of age; (ii) Has retired; and (iii) Does not practice architecture.

(A) For the issuing of an emeritus license, an amount to be fixed by the board that shall at no time exceed the sum of fifty dollars ($50).

(B) An emeritus license may be issued by the board to an architect who: (i) Is at least sixty-five (65) years of age; (ii) Has retired; and (iii) Does not practice architecture.

(i) Is at least sixty-five (65) years of age;

(ii) Has retired; and

(iii) Does not practice architecture.

(b) (1) All fees must accompany applications. (2) No part of these fees shall be refunded except such part as may be refunded when a certificate of registration is not issued, as may be provided under the rules of the board.

(1) All fees must accompany applications.

(2) No part of these fees shall be refunded except such part as may be refunded when a certificate of registration is not issued, as may be provided under the rules of the board.

(c) It is unlawful for an unregistered person to collect a fee for architectural services, except as an employee collecting a fee as a representative of a registered architect who has performed architectural services.

(d) The fee for a duplicate license shall not exceed one hundred dollars ($100).

Acts 1941, No. 270, § 9; 1971, No. 582, § 6; A.S.A. 1947, § 71-309; Acts 1991, No. 167, § 1; 1993, No. 578, § 3; 2009, No. 1367, § 10.
Ark. Code Ann. § 17-53-106 — AR Code / Title 17 / Chapter 53 / Subchapter 1 / Section 17-53-106
Construction and applicability
Status: in_force

(a) This chapter shall not be construed to limit the professional pursuits of: (1) A health educator serving in the United States Armed Forces or the United States Public Health Service or employed by the United States Department of Veterans Affairs, provided that the person's practice of health education is related to the person's service or employment; (2) A licensed physician, pharmacist, nurse, social worker, psychologist, psychological examiner, licensed professional counselor, dietician, dental hygienist, physical therapist, or occupational therapist if the person's practice of health education is incidental to the practice of his or her profession, provided that those persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified; (3) Any person who has received a doctoral degree from an accredited United States college or university in or with a concentration in health education; (4) A nonresident health educator practicing health education in this state if: (A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and (B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education; (5) A teacher of health education in an elementary or secondary school who meets the certification requirements as set forth by the Division of Elementary and Secondary Education; (6) A health educator who engages in the practice of health education in a hospital licensed by the State of Arkansas; (7) Any occupational safety and health professional, such as an industrial hygienist, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified; and (8) Employees who work under the guidance of a licensed physician, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified. (b) Students may engage in the practice of health education, provided that such practice is performed under the supervision of a certified health education specialist or a certified professional health educator and is part of the academic requirements leading to a degree in or with a concentration in health education. (c) Volunteers, staff, or agents working under the direction of a charitable organization registered with the office of the Attorney General or a nonprofit corporation may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified. (d) Employees of nursing homes may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified. (e) Community volunteers may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified. (f) When invited by school officials, parents or volunteers may conduct health education-related activities in private or public school classrooms or assemblies, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified. (g) This chapter is not intended to apply to foundations, state agencies, any other groups, and other professional boards and associations and their continuing education efforts. Amended by Act 2019, No. 910,§ 2242, eff. 7/1/2019. Amended by Act 2017, No. 540,§ 23, eff. 8/1/2017. Acts 1997, No. 1237, § 4.

(a) This chapter shall not be construed to limit the professional pursuits of: (1) A health educator serving in the United States Armed Forces or the United States Public Health Service or employed by the United States Department of Veterans Affairs, provided that the person's practice of health education is related to the person's service or employment; (2) A licensed physician, pharmacist, nurse, social worker, psychologist, psychological examiner, licensed professional counselor, dietician, dental hygienist, physical therapist, or occupational therapist if the person's practice of health education is incidental to the practice of his or her profession, provided that those persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified; (3) Any person who has received a doctoral degree from an accredited United States college or university in or with a concentration in health education; (4) A nonresident health educator practicing health education in this state if: (A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and (B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education; (5) A teacher of health education in an elementary or secondary school who meets the certification requirements as set forth by the Division of Elementary and Secondary Education; (6) A health educator who engages in the practice of health education in a hospital licensed by the State of Arkansas; (7) Any occupational safety and health professional, such as an industrial hygienist, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified; and (8) Employees who work under the guidance of a licensed physician, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified.

(1) A health educator serving in the United States Armed Forces or the United States Public Health Service or employed by the United States Department of Veterans Affairs, provided that the person's practice of health education is related to the person's service or employment;

(2) A licensed physician, pharmacist, nurse, social worker, psychologist, psychological examiner, licensed professional counselor, dietician, dental hygienist, physical therapist, or occupational therapist if the person's practice of health education is incidental to the practice of his or her profession, provided that those persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified;

(3) Any person who has received a doctoral degree from an accredited United States college or university in or with a concentration in health education;

(4) A nonresident health educator practicing health education in this state if: (A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and (B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education;

(A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and

(B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education;

(i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or

(ii) Has met qualifications as specified in this chapter for the practice of health education;

(5) A teacher of health education in an elementary or secondary school who meets the certification requirements as set forth by the Division of Elementary and Secondary Education;

(6) A health educator who engages in the practice of health education in a hospital licensed by the State of Arkansas;

(7) Any occupational safety and health professional, such as an industrial hygienist, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified; and

(8) Employees who work under the guidance of a licensed physician, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified.

(b) Students may engage in the practice of health education, provided that such practice is performed under the supervision of a certified health education specialist or a certified professional health educator and is part of the academic requirements leading to a degree in or with a concentration in health education.

(c) Volunteers, staff, or agents working under the direction of a charitable organization registered with the office of the Attorney General or a nonprofit corporation may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator", unless so certified.

(d) Employees of nursing homes may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified.

(e) Community volunteers may conduct health education-related activities, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified.

(f) When invited by school officials, parents or volunteers may conduct health education-related activities in private or public school classrooms or assemblies, provided that such persons do not hold themselves out under the title of "certified health education specialist", "certified professional health educator", or "health educator" unless so certified.

(g) This chapter is not intended to apply to foundations, state agencies, any other groups, and other professional boards and associations and their continuing education efforts.

Amended by Act 2019, No. 910,§ 2242, eff. 7/1/2019.

Amended by Act 2017, No. 540,§ 23, eff. 8/1/2017.

Acts 1997, No. 1237, § 4.
Ark. Code Ann. § 17-87-314 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-314
Full independent practice authority - Full Independent Practice Credentialing Committee - Members and duties - Definition
Status: in_force

(a) As used in this section, "full independent practice authority" means the ability of a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority without a collaborative practice agreement as described in § 17-87-310 . (b) (1) The Full Independent Practice Credentialing Committee may grant a certificate of full independent practice authority to a certified nurse practitioner or a clinical nurse specialist who submits: (A) An application; (B) An appropriate application fee as determined by the Full Independent Practice Credentialing Committee; (C) Proof of successful completion of six thousand two hundred forty (6,240) hours of practice: (i) Under a board-required agreement with a physician; or (ii) From another state, territory, or foreign country that authorizes a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority if the certified nurse practitioner or clinical nurse specialist: (a) Has prescriptive authority in the state, territory, or foreign country; and (b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and (D) Any other relevant information as determined by the Full Independent Practice Credentialing Committee. (2) A certificate of full independent practice authority shall be renewed every three (3) years with an appropriate renewal fee as determined by the Full Independent Practice Credentialing Committee. (c) A certified nurse practitioner or a clinical nurse specialist with a certificate of full independent practice authority may receive and prescribe drugs, medicines, or therapeutic devices appropriate to the certified nurse practitioner's area of practice or the clinical nurse specialist's area of practice. (d) (1) The Full Independent Practice Credentialing Committee is created within the Department of Health. (2) The Full Independent Practice Credentialing Committee shall consist of the following members: (A) The following members appointed by the Governor: (i) Three (3) faculty physicians from each of the following institutions upon consulting with the heads of the institutions: (a) The College of Medicine of the University of Arkansas for Medical Sciences; (b) The Arkansas College of Osteopathic Medicine in Fort Smith; and (c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro; (ii) One (1) physician from the state at large; (iii) Three (3) faculty certified nurse practitioners from nursing schools in this state upon consulting with the heads of the nursing schools; and (iv) One (1) certified nurse practitioner from the state at large; (B) The Director of the Arkansas State Medical Board as an ex officio nonvoting member; and (C) The Director of the Arkansas State Board of Nursing as an ex officio nonvoting member. (3) (A) (i) Full Independent Practice Credentialing Committee members shall serve three-year terms. (ii) Full Independent Practice Credentialing Committee members shall not serve more than two (2) consecutive terms. (B) A Full Independent Practice Credentialing Committee member shall serve until a successor is appointed by the appropriate appointing entity. (4) (A) The Full Independent Practice Credentialing Committee shall elect a chair with powers and duties determined by the Full Independent Practice Credentialing Committee. (B) The chair may be elected for no more than two (2) consecutive terms. (5) (A) A quorum of the Full Independent Practice Credentialing Committee shall be five (5) members. (B) The Full Independent Practice Credentialing Committee shall hold a meeting at least quarterly and at other times the Full Independent Practice Credentialing Committee considers advisable to perform the duties described in subsection (e) of this section. (6) The members of the Full Independent Practice Credentialing Committee shall receive mileage and per diem as is now provided to members of the appropriate appointing entity. (e) The Full Independent Practice Credentialing Committee shall: (1) (A) Review and approve or deny all applications for a certificate of full independent practice authority for certified nurse practitioners or clinical nurse specialists and for renewal of a certificate of full independent practice authority for a certified nurse practitioner or a clinical nurse specialist. (B) If the Full Independent Practice Credentialing Committee denies an application for a certificate of full independent practice authority, the Full Independent Practice Credentialing Committee shall explain the reasons for the denial in writing to the applicant; (2) Review complaints made against certified nurse practitioners or clinical nurse specialists who have a certificate of full independent practice authority; (3) Review recommendations made by the Arkansas State Medical Board and the Arkansas State Board of Nursing and notify the certified nurse practitioner or the clinical nurse specialist of any action taken by the Full Independent Practice Credentialing Committee based on the recommendations; (4) (A) If the action taken is suspension or revocation of the certificate of full independent practice authority, hold a hearing providing the certified nurse practitioner or a clinical nurse specialist who has a certificate of full independent practice authority with ten (10) days' notice in writing to appear before the Full Independent Practice Credentialing Committee, at the time and place as the Full Independent Practice Credentialing Committee may direct, to show cause as to why his or her certificate of full independent practice authority should not be suspended or revoked. (B) At the hearing, the Full Independent Practice Credentialing Committee shall: (i) (a) Have the power to subpoena witnesses. (b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths; (ii) Hear evidence; and (iii) (a) Determine if the certificate of full independent practice authority should be suspended or revoked. (b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately. (C) However, only the Arkansas State Board of Nursing has the authority to suspend or revoke the nursing license of a certified nurse practitioner or a clinical nurse specialist; and (5) Provide reports quarterly and upon request regarding the number of applicants approved and denied to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor. (f) (1) The Full Independent Practice Credentialing Committee may consult with the Arkansas State Medical Board and the Arkansas State Board of Nursing as determined by the Full Independent Practice Credentialing Committee based on the complaint. (2) The Arkansas State Medical Board and the Arkansas State Board of Nursing may make recommendations to the Full Independent Practice Credentialing Committee. (g) A certified nurse practitioner or a clinical nurse specialist whose certificate of full independent practice authority has been denied, suspended, or revoked by the Full Independent Practice Credentialing Committee under this section may appeal the action of the Full Independent Practice Credentialing Committee under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (h) A certified nurse practitioner or a clinical nurse specialist with a certificate of full independent practice authority shall conspicuously identify the certificate of full independent practice authority and that the certified nurse practitioner or the clinical nurse specialist is not required to have a collaborative practice agreement on signage in the office where the certified nurse practitioner or the clinical nurse specialist practices. Amended by Act 2023, No. 872,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 872,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 872,§ 1, eff. 8/1/2023. Added by Act 2021, No. 412,§ 2, eff. 7/28/2021.

(a) As used in this section, "full independent practice authority" means the ability of a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority without a collaborative practice agreement as described in § 17-87-310 .

(b) (1) The Full Independent Practice Credentialing Committee may grant a certificate of full independent practice authority to a certified nurse practitioner or a clinical nurse specialist who submits: (A) An application; (B) An appropriate application fee as determined by the Full Independent Practice Credentialing Committee; (C) Proof of successful completion of six thousand two hundred forty (6,240) hours of practice: (i) Under a board-required agreement with a physician; or (ii) From another state, territory, or foreign country that authorizes a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority if the certified nurse practitioner or clinical nurse specialist: (a) Has prescriptive authority in the state, territory, or foreign country; and (b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and (D) Any other relevant information as determined by the Full Independent Practice Credentialing Committee. (2) A certificate of full independent practice authority shall be renewed every three (3) years with an appropriate renewal fee as determined by the Full Independent Practice Credentialing Committee.

(1) The Full Independent Practice Credentialing Committee may grant a certificate of full independent practice authority to a certified nurse practitioner or a clinical nurse specialist who submits: (A) An application; (B) An appropriate application fee as determined by the Full Independent Practice Credentialing Committee; (C) Proof of successful completion of six thousand two hundred forty (6,240) hours of practice: (i) Under a board-required agreement with a physician; or (ii) From another state, territory, or foreign country that authorizes a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority if the certified nurse practitioner or clinical nurse specialist: (a) Has prescriptive authority in the state, territory, or foreign country; and (b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and (D) Any other relevant information as determined by the Full Independent Practice Credentialing Committee.

(A) An application;

(B) An appropriate application fee as determined by the Full Independent Practice Credentialing Committee;

(C) Proof of successful completion of six thousand two hundred forty (6,240) hours of practice: (i) Under a board-required agreement with a physician; or (ii) From another state, territory, or foreign country that authorizes a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority if the certified nurse practitioner or clinical nurse specialist: (a) Has prescriptive authority in the state, territory, or foreign country; and (b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and

(i) Under a board-required agreement with a physician; or

(ii) From another state, territory, or foreign country that authorizes a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority if the certified nurse practitioner or clinical nurse specialist: (a) Has prescriptive authority in the state, territory, or foreign country; and (b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and

(a) Has prescriptive authority in the state, territory, or foreign country; and

(b) Provides proof of his or her licensure in good standing from: (1) The state, territory, or foreign country; and (2) The Arkansas State Board of Nursing; and

(1) The state, territory, or foreign country; and

(2) The Arkansas State Board of Nursing; and

(D) Any other relevant information as determined by the Full Independent Practice Credentialing Committee.

(2) A certificate of full independent practice authority shall be renewed every three (3) years with an appropriate renewal fee as determined by the Full Independent Practice Credentialing Committee.

(c) A certified nurse practitioner or a clinical nurse specialist with a certificate of full independent practice authority may receive and prescribe drugs, medicines, or therapeutic devices appropriate to the certified nurse practitioner's area of practice or the clinical nurse specialist's area of practice.

(d) (1) The Full Independent Practice Credentialing Committee is created within the Department of Health. (2) The Full Independent Practice Credentialing Committee shall consist of the following members: (A) The following members appointed by the Governor: (i) Three (3) faculty physicians from each of the following institutions upon consulting with the heads of the institutions: (a) The College of Medicine of the University of Arkansas for Medical Sciences; (b) The Arkansas College of Osteopathic Medicine in Fort Smith; and (c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro; (ii) One (1) physician from the state at large; (iii) Three (3) faculty certified nurse practitioners from nursing schools in this state upon consulting with the heads of the nursing schools; and (iv) One (1) certified nurse practitioner from the state at large; (B) The Director of the Arkansas State Medical Board as an ex officio nonvoting member; and (C) The Director of the Arkansas State Board of Nursing as an ex officio nonvoting member. (3) (A) (i) Full Independent Practice Credentialing Committee members shall serve three-year terms. (ii) Full Independent Practice Credentialing Committee members shall not serve more than two (2) consecutive terms. (B) A Full Independent Practice Credentialing Committee member shall serve until a successor is appointed by the appropriate appointing entity. (4) (A) The Full Independent Practice Credentialing Committee shall elect a chair with powers and duties determined by the Full Independent Practice Credentialing Committee. (B) The chair may be elected for no more than two (2) consecutive terms. (5) (A) A quorum of the Full Independent Practice Credentialing Committee shall be five (5) members. (B) The Full Independent Practice Credentialing Committee shall hold a meeting at least quarterly and at other times the Full Independent Practice Credentialing Committee considers advisable to perform the duties described in subsection (e) of this section. (6) The members of the Full Independent Practice Credentialing Committee shall receive mileage and per diem as is now provided to members of the appropriate appointing entity.

(1) The Full Independent Practice Credentialing Committee is created within the Department of Health.

(2) The Full Independent Practice Credentialing Committee shall consist of the following members: (A) The following members appointed by the Governor: (i) Three (3) faculty physicians from each of the following institutions upon consulting with the heads of the institutions: (a) The College of Medicine of the University of Arkansas for Medical Sciences; (b) The Arkansas College of Osteopathic Medicine in Fort Smith; and (c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro; (ii) One (1) physician from the state at large; (iii) Three (3) faculty certified nurse practitioners from nursing schools in this state upon consulting with the heads of the nursing schools; and (iv) One (1) certified nurse practitioner from the state at large; (B) The Director of the Arkansas State Medical Board as an ex officio nonvoting member; and (C) The Director of the Arkansas State Board of Nursing as an ex officio nonvoting member.

(A) The following members appointed by the Governor: (i) Three (3) faculty physicians from each of the following institutions upon consulting with the heads of the institutions: (a) The College of Medicine of the University of Arkansas for Medical Sciences; (b) The Arkansas College of Osteopathic Medicine in Fort Smith; and (c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro; (ii) One (1) physician from the state at large; (iii) Three (3) faculty certified nurse practitioners from nursing schools in this state upon consulting with the heads of the nursing schools; and (iv) One (1) certified nurse practitioner from the state at large;

(i) Three (3) faculty physicians from each of the following institutions upon consulting with the heads of the institutions: (a) The College of Medicine of the University of Arkansas for Medical Sciences; (b) The Arkansas College of Osteopathic Medicine in Fort Smith; and (c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro;

(a) The College of Medicine of the University of Arkansas for Medical Sciences;

(b) The Arkansas College of Osteopathic Medicine in Fort Smith; and

(c) The New York Institute of Technology College of Osteopathic Medicine at Arkansas State University in Jonesboro;

(ii) One (1) physician from the state at large;

(iii) Three (3) faculty certified nurse practitioners from nursing schools in this state upon consulting with the heads of the nursing schools; and

(iv) One (1) certified nurse practitioner from the state at large;

(B) The Director of the Arkansas State Medical Board as an ex officio nonvoting member; and

(C) The Director of the Arkansas State Board of Nursing as an ex officio nonvoting member.

(3) (A) (i) Full Independent Practice Credentialing Committee members shall serve three-year terms. (ii) Full Independent Practice Credentialing Committee members shall not serve more than two (2) consecutive terms. (B) A Full Independent Practice Credentialing Committee member shall serve until a successor is appointed by the appropriate appointing entity.

(A) (i) Full Independent Practice Credentialing Committee members shall serve three-year terms. (ii) Full Independent Practice Credentialing Committee members shall not serve more than two (2) consecutive terms.

(i) Full Independent Practice Credentialing Committee members shall serve three-year terms.

(ii) Full Independent Practice Credentialing Committee members shall not serve more than two (2) consecutive terms.

(B) A Full Independent Practice Credentialing Committee member shall serve until a successor is appointed by the appropriate appointing entity.

(4) (A) The Full Independent Practice Credentialing Committee shall elect a chair with powers and duties determined by the Full Independent Practice Credentialing Committee. (B) The chair may be elected for no more than two (2) consecutive terms.

(A) The Full Independent Practice Credentialing Committee shall elect a chair with powers and duties determined by the Full Independent Practice Credentialing Committee.

(B) The chair may be elected for no more than two (2) consecutive terms.

(5) (A) A quorum of the Full Independent Practice Credentialing Committee shall be five (5) members. (B) The Full Independent Practice Credentialing Committee shall hold a meeting at least quarterly and at other times the Full Independent Practice Credentialing Committee considers advisable to perform the duties described in subsection (e) of this section.

(A) A quorum of the Full Independent Practice Credentialing Committee shall be five (5) members.

(B) The Full Independent Practice Credentialing Committee shall hold a meeting at least quarterly and at other times the Full Independent Practice Credentialing Committee considers advisable to perform the duties described in subsection (e) of this section.

(6) The members of the Full Independent Practice Credentialing Committee shall receive mileage and per diem as is now provided to members of the appropriate appointing entity.

(e) The Full Independent Practice Credentialing Committee shall: (1) (A) Review and approve or deny all applications for a certificate of full independent practice authority for certified nurse practitioners or clinical nurse specialists and for renewal of a certificate of full independent practice authority for a certified nurse practitioner or a clinical nurse specialist. (B) If the Full Independent Practice Credentialing Committee denies an application for a certificate of full independent practice authority, the Full Independent Practice Credentialing Committee shall explain the reasons for the denial in writing to the applicant; (2) Review complaints made against certified nurse practitioners or clinical nurse specialists who have a certificate of full independent practice authority; (3) Review recommendations made by the Arkansas State Medical Board and the Arkansas State Board of Nursing and notify the certified nurse practitioner or the clinical nurse specialist of any action taken by the Full Independent Practice Credentialing Committee based on the recommendations; (4) (A) If the action taken is suspension or revocation of the certificate of full independent practice authority, hold a hearing providing the certified nurse practitioner or a clinical nurse specialist who has a certificate of full independent practice authority with ten (10) days' notice in writing to appear before the Full Independent Practice Credentialing Committee, at the time and place as the Full Independent Practice Credentialing Committee may direct, to show cause as to why his or her certificate of full independent practice authority should not be suspended or revoked. (B) At the hearing, the Full Independent Practice Credentialing Committee shall: (i) (a) Have the power to subpoena witnesses. (b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths; (ii) Hear evidence; and (iii) (a) Determine if the certificate of full independent practice authority should be suspended or revoked. (b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately. (C) However, only the Arkansas State Board of Nursing has the authority to suspend or revoke the nursing license of a certified nurse practitioner or a clinical nurse specialist; and (5) Provide reports quarterly and upon request regarding the number of applicants approved and denied to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(1) (A) Review and approve or deny all applications for a certificate of full independent practice authority for certified nurse practitioners or clinical nurse specialists and for renewal of a certificate of full independent practice authority for a certified nurse practitioner or a clinical nurse specialist. (B) If the Full Independent Practice Credentialing Committee denies an application for a certificate of full independent practice authority, the Full Independent Practice Credentialing Committee shall explain the reasons for the denial in writing to the applicant;

(A) Review and approve or deny all applications for a certificate of full independent practice authority for certified nurse practitioners or clinical nurse specialists and for renewal of a certificate of full independent practice authority for a certified nurse practitioner or a clinical nurse specialist.

(B) If the Full Independent Practice Credentialing Committee denies an application for a certificate of full independent practice authority, the Full Independent Practice Credentialing Committee shall explain the reasons for the denial in writing to the applicant;

(2) Review complaints made against certified nurse practitioners or clinical nurse specialists who have a certificate of full independent practice authority;

(3) Review recommendations made by the Arkansas State Medical Board and the Arkansas State Board of Nursing and notify the certified nurse practitioner or the clinical nurse specialist of any action taken by the Full Independent Practice Credentialing Committee based on the recommendations;

(4) (A) If the action taken is suspension or revocation of the certificate of full independent practice authority, hold a hearing providing the certified nurse practitioner or a clinical nurse specialist who has a certificate of full independent practice authority with ten (10) days' notice in writing to appear before the Full Independent Practice Credentialing Committee, at the time and place as the Full Independent Practice Credentialing Committee may direct, to show cause as to why his or her certificate of full independent practice authority should not be suspended or revoked. (B) At the hearing, the Full Independent Practice Credentialing Committee shall: (i) (a) Have the power to subpoena witnesses. (b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths; (ii) Hear evidence; and (iii) (a) Determine if the certificate of full independent practice authority should be suspended or revoked. (b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately. (C) However, only the Arkansas State Board of Nursing has the authority to suspend or revoke the nursing license of a certified nurse practitioner or a clinical nurse specialist; and

(A) If the action taken is suspension or revocation of the certificate of full independent practice authority, hold a hearing providing the certified nurse practitioner or a clinical nurse specialist who has a certificate of full independent practice authority with ten (10) days' notice in writing to appear before the Full Independent Practice Credentialing Committee, at the time and place as the Full Independent Practice Credentialing Committee may direct, to show cause as to why his or her certificate of full independent practice authority should not be suspended or revoked.

(B) At the hearing, the Full Independent Practice Credentialing Committee shall: (i) (a) Have the power to subpoena witnesses. (b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths; (ii) Hear evidence; and (iii) (a) Determine if the certificate of full independent practice authority should be suspended or revoked. (b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately.

(i) (a) Have the power to subpoena witnesses. (b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths;

(a) Have the power to subpoena witnesses.

(b) The Chair of the Full Independent Practice Credentialing Committee or his or her designee shall sign subpoenas and have the power to administer oaths;

(ii) Hear evidence; and

(iii) (a) Determine if the certificate of full independent practice authority should be suspended or revoked. (b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately.

(a) Determine if the certificate of full independent practice authority should be suspended or revoked.

(b) If the Full Independent Practice Credentialing Committee determines that the certificate of full independent practice authority should be suspended or revoked, the suspension or revocation shall take place immediately.

(C) However, only the Arkansas State Board of Nursing has the authority to suspend or revoke the nursing license of a certified nurse practitioner or a clinical nurse specialist; and

(5) Provide reports quarterly and upon request regarding the number of applicants approved and denied to the Senate Committee on Public Health, Welfare, and Labor and the House Committee on Public Health, Welfare, and Labor.

(f) (1) The Full Independent Practice Credentialing Committee may consult with the Arkansas State Medical Board and the Arkansas State Board of Nursing as determined by the Full Independent Practice Credentialing Committee based on the complaint. (2) The Arkansas State Medical Board and the Arkansas State Board of Nursing may make recommendations to the Full Independent Practice Credentialing Committee.

(1) The Full Independent Practice Credentialing Committee may consult with the Arkansas State Medical Board and the Arkansas State Board of Nursing as determined by the Full Independent Practice Credentialing Committee based on the complaint.

(2) The Arkansas State Medical Board and the Arkansas State Board of Nursing may make recommendations to the Full Independent Practice Credentialing Committee.

(g) A certified nurse practitioner or a clinical nurse specialist whose certificate of full independent practice authority has been denied, suspended, or revoked by the Full Independent Practice Credentialing Committee under this section may appeal the action of the Full Independent Practice Credentialing Committee under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(h) A certified nurse practitioner or a clinical nurse specialist with a certificate of full independent practice authority shall conspicuously identify the certificate of full independent practice authority and that the certified nurse practitioner or the clinical nurse specialist is not required to have a collaborative practice agreement on signage in the office where the certified nurse practitioner or the clinical nurse specialist practices.

Amended by Act 2023, No. 872,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 872,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 872,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 412,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 17-48-207 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-207
Certificates of authorization
Status: in_force

(a) A firm that practices or offers to practice surveying is required to obtain a certificate of authorization from the State Board of Licensure for Professional Engineers and Professional Surveyors under the board's rules. (b) (1) In order to obtain a certificate of authorization, a surveying firm shall file an application with the board on a form provided by the board and shall provide all information required by the board's rules. (2) A firm shall file a new application with the board on a form provided by the board: (A) Upon renewal of the certificate of authorization; and (B) Within thirty (30) days of the time that any of the information contained in the application form changes or differs for any reason from the information contained in the original application form. (3) If in the judgment of the board the application meets the requirements of this chapter, the board shall issue a certificate of authorization for the surveying firm. (c) A certificate of authorization is not required for a firm performing surveying for: (1) Itself; (2) The firm's parent organization; or (3) A subsidiary of the firm. (d) (1) A firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members, or managers by reason of its compliance with this section. (2) An individual practicing surveying under this chapter shall not be relieved of his or her responsibility for surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization. (e) (1) Unless the board has first issued a certification of authorization or a letter stating the eligibility of an applicant to receive a certificate of authorization, the Secretary of State shall not accept organization papers or issue a certificate of incorporation, licensure, or authorization to a firm that includes among the objectives for which it is established or within its name, the words: (A) Surveyor; (B) Surveying; or (C) Any modification or derivation of surveyor or surveying. (2) The firm applying to the Secretary of State shall supply the certificate of authorization or letter from the board indicating eligibility for a certificate of authorization with its application for incorporation, licensure, or authorization. (f) The Secretary of State shall decline to license a trade name or service mark that includes the words "surveyor", "surveying", or any modification or derivation of "surveyor" or "surveying" in its firm name or logotype except in the case of a firm that has a certificate of authorization under this section. (g) The certificate of authorization may be renewed under § 17-48-204 . (h) A surveyor who renders occasional, part-time, or consulting surveying services to or for a firm may not, for the purposes of this section, be designated as being in responsible charge of the professional activities of the firm unless the surveyor is an officer or owner of the firm. Acts 2009, No. 444, § 8.

(a) A firm that practices or offers to practice surveying is required to obtain a certificate of authorization from the State Board of Licensure for Professional Engineers and Professional Surveyors under the board's rules.

(b) (1) In order to obtain a certificate of authorization, a surveying firm shall file an application with the board on a form provided by the board and shall provide all information required by the board's rules. (2) A firm shall file a new application with the board on a form provided by the board: (A) Upon renewal of the certificate of authorization; and (B) Within thirty (30) days of the time that any of the information contained in the application form changes or differs for any reason from the information contained in the original application form. (3) If in the judgment of the board the application meets the requirements of this chapter, the board shall issue a certificate of authorization for the surveying firm.

(1) In order to obtain a certificate of authorization, a surveying firm shall file an application with the board on a form provided by the board and shall provide all information required by the board's rules.

(2) A firm shall file a new application with the board on a form provided by the board: (A) Upon renewal of the certificate of authorization; and (B) Within thirty (30) days of the time that any of the information contained in the application form changes or differs for any reason from the information contained in the original application form.

(A) Upon renewal of the certificate of authorization; and

(B) Within thirty (30) days of the time that any of the information contained in the application form changes or differs for any reason from the information contained in the original application form.

(3) If in the judgment of the board the application meets the requirements of this chapter, the board shall issue a certificate of authorization for the surveying firm.

(c) A certificate of authorization is not required for a firm performing surveying for: (1) Itself; (2) The firm's parent organization; or (3) A subsidiary of the firm.

(1) Itself;

(2) The firm's parent organization; or

(3) A subsidiary of the firm.

(d) (1) A firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members, or managers by reason of its compliance with this section. (2) An individual practicing surveying under this chapter shall not be relieved of his or her responsibility for surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

(1) A firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members, or managers by reason of its compliance with this section.

(2) An individual practicing surveying under this chapter shall not be relieved of his or her responsibility for surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

(e) (1) Unless the board has first issued a certification of authorization or a letter stating the eligibility of an applicant to receive a certificate of authorization, the Secretary of State shall not accept organization papers or issue a certificate of incorporation, licensure, or authorization to a firm that includes among the objectives for which it is established or within its name, the words: (A) Surveyor; (B) Surveying; or (C) Any modification or derivation of surveyor or surveying. (2) The firm applying to the Secretary of State shall supply the certificate of authorization or letter from the board indicating eligibility for a certificate of authorization with its application for incorporation, licensure, or authorization.

(1) Unless the board has first issued a certification of authorization or a letter stating the eligibility of an applicant to receive a certificate of authorization, the Secretary of State shall not accept organization papers or issue a certificate of incorporation, licensure, or authorization to a firm that includes among the objectives for which it is established or within its name, the words: (A) Surveyor; (B) Surveying; or (C) Any modification or derivation of surveyor or surveying.

(A) Surveyor;

(B) Surveying; or

(C) Any modification or derivation of surveyor or surveying.

(2) The firm applying to the Secretary of State shall supply the certificate of authorization or letter from the board indicating eligibility for a certificate of authorization with its application for incorporation, licensure, or authorization.

(f) The Secretary of State shall decline to license a trade name or service mark that includes the words "surveyor", "surveying", or any modification or derivation of "surveyor" or "surveying" in its firm name or logotype except in the case of a firm that has a certificate of authorization under this section.

(g) The certificate of authorization may be renewed under § 17-48-204 .

(h) A surveyor who renders occasional, part-time, or consulting surveying services to or for a firm may not, for the purposes of this section, be designated as being in responsible charge of the professional activities of the firm unless the surveyor is an officer or owner of the firm.

Acts 2009, No. 444, § 8.
Ark. Code Ann. § 17-44-102 — AR Code / Title 17 / Chapter 44 / Section 17-44-102
Records required - Definition
Status: in_force

(a) As used in this section, "reasonable, written documentation" means a written document that includes the following information provided by the seller of the scrap metal to the scrap metal recycler: (1) The name of the entity or individual from whom the seller acquired the scrap metal; (2) The date the seller acquired the scrap metal; (3) The physical address from where the seller acquired the scrap metal; (4) An affirmation or certification from the seller in the written document that he or she is the owner of the scrap metal or is the employer, agent, licensed contractor, licensed HVACR, plumber, electrician, or other person authorized to sell the scrap metal on behalf of the owner; and (5) An affirmation or certification from the seller in the written document that he or she has not pleaded guilty or nolo contendere to or been found guilty of theft, burglary, or vandalism when the offense involved scrap metal. (b) A seller shall not sell and a scrap metal recycler shall not purchase scrap metal unless reasonable, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner. (c) (1) Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction. (2) Individual records shall not be required for a series of scrap metal purchase transactions made under a contract. (3) The data required under subdivision (d)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information. (4) A municipality or county may require by ordinance electronic or digital records and reporting methods. (d) The record of each scrap metal purchase transaction shall contain the following information taken at the time of sale and kept on record: (1) The name, address, gender, birth date, and identifying number from the seller's driver's license, military identification card, passport, or other form of government-issued photo identification; (2) A photocopy of the government-issued photo identification provided under subdivision (d)(1) of this section; (3) The date of the scrap metal purchase transaction; (4) The digital thumbprints of the seller; (5) (A) A general description of the predominant types of scrap metal purchased. (B) The general description shall be made in accordance with the custom of the trade; (6) A general description of the configuration of the scrap metal and whether the material is insulated; (7) The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased; (8) The consideration paid; (9) The license plate number of the vehicle used in transporting the materials to the scrap metal recycler's place of business; and (10) (A) A clearly identifiable date-and-time-stamped digital photograph of: (i) The seller; (ii) The scrap metal in the form in which it was purchased; and (iii) A catalytic converter, if any. (B) The name of the person taking the photographs under this subdivision (d)(10) shall be recorded and provided with the photographs. (e) The photocopy required under subdivision (d)(2) of this section, the digital thumbprints required under subdivision (d)(4) of this section, and the digital photographs taken required under subdivision (d)(10)(A) of this section shall be reasonably clear. (f) (1) (A) For records required under subsections (a) and (d) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day. (B) The report shall be made daily by entering the information into an automated database which may be accessed by law enforcement statewide. (2) (A) The operator of the electronic database under this section shall send a report that includes a list of all scrap metal recyclers in the county that have accessed or that have access to the database but have not filed a daily electronic record of scrap metal purchases as required by this section to: (i) The county sheriff every seven (7) days; and (ii) Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days. (B) (i) A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under § 17-44-106(a) for the first offense. (ii) A second violation of the daily reporting requirement of this section is a Class A misdemeanor. (iii) A third or subsequent violation is a Class D felony. (g) The records required under this section shall be: (1) Kept for a period of one (1) year; (2) Made available to any law enforcement office of the State of Arkansas and any Arkansas municipality or county; and (3) Available for use in any legal proceeding. (h) This section does not apply to transactions: (1) In which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor if the purchaser or transferee obtained a bill of sale or similar document at the time of transfer; (2) Involving only beverage or food containers; or (3) Involving only ferrous metals. Amended by Act 2021, No. 1083,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 386,§ 27, eff. 7/24/2019. Amended by Act 2013, No. 1354,§ 7, eff. 8/16/2013. Acts 1969, No. 148, §§ 1-3; A.S.A. 1947, §§ 71-1501.1 -- 71-1501.3; Acts 2005, No. 1994, § 399; 2007, No. 749, § 2; 2009, No. 390, § 2; 2011, No. 1193, § 2.

(a) As used in this section, "reasonable, written documentation" means a written document that includes the following information provided by the seller of the scrap metal to the scrap metal recycler: (1) The name of the entity or individual from whom the seller acquired the scrap metal; (2) The date the seller acquired the scrap metal; (3) The physical address from where the seller acquired the scrap metal; (4) An affirmation or certification from the seller in the written document that he or she is the owner of the scrap metal or is the employer, agent, licensed contractor, licensed HVACR, plumber, electrician, or other person authorized to sell the scrap metal on behalf of the owner; and (5) An affirmation or certification from the seller in the written document that he or she has not pleaded guilty or nolo contendere to or been found guilty of theft, burglary, or vandalism when the offense involved scrap metal.

(1) The name of the entity or individual from whom the seller acquired the scrap metal;

(2) The date the seller acquired the scrap metal;

(3) The physical address from where the seller acquired the scrap metal;

(4) An affirmation or certification from the seller in the written document that he or she is the owner of the scrap metal or is the employer, agent, licensed contractor, licensed HVACR, plumber, electrician, or other person authorized to sell the scrap metal on behalf of the owner; and

(5) An affirmation or certification from the seller in the written document that he or she has not pleaded guilty or nolo contendere to or been found guilty of theft, burglary, or vandalism when the offense involved scrap metal.

(b) A seller shall not sell and a scrap metal recycler shall not purchase scrap metal unless reasonable, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner.

(c) (1) Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction. (2) Individual records shall not be required for a series of scrap metal purchase transactions made under a contract. (3) The data required under subdivision (d)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information. (4) A municipality or county may require by ordinance electronic or digital records and reporting methods.

(1) Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction.

(2) Individual records shall not be required for a series of scrap metal purchase transactions made under a contract.

(3) The data required under subdivision (d)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information.

(4) A municipality or county may require by ordinance electronic or digital records and reporting methods.

(d) The record of each scrap metal purchase transaction shall contain the following information taken at the time of sale and kept on record: (1) The name, address, gender, birth date, and identifying number from the seller's driver's license, military identification card, passport, or other form of government-issued photo identification; (2) A photocopy of the government-issued photo identification provided under subdivision (d)(1) of this section; (3) The date of the scrap metal purchase transaction; (4) The digital thumbprints of the seller; (5) (A) A general description of the predominant types of scrap metal purchased. (B) The general description shall be made in accordance with the custom of the trade; (6) A general description of the configuration of the scrap metal and whether the material is insulated; (7) The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased; (8) The consideration paid; (9) The license plate number of the vehicle used in transporting the materials to the scrap metal recycler's place of business; and (10) (A) A clearly identifiable date-and-time-stamped digital photograph of: (i) The seller; (ii) The scrap metal in the form in which it was purchased; and (iii) A catalytic converter, if any. (B) The name of the person taking the photographs under this subdivision (d)(10) shall be recorded and provided with the photographs.

(1) The name, address, gender, birth date, and identifying number from the seller's driver's license, military identification card, passport, or other form of government-issued photo identification;

(2) A photocopy of the government-issued photo identification provided under subdivision (d)(1) of this section;

(3) The date of the scrap metal purchase transaction;

(4) The digital thumbprints of the seller;

(5) (A) A general description of the predominant types of scrap metal purchased. (B) The general description shall be made in accordance with the custom of the trade;

(A) A general description of the predominant types of scrap metal purchased.

(B) The general description shall be made in accordance with the custom of the trade;

(6) A general description of the configuration of the scrap metal and whether the material is insulated;

(7) The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased;

(8) The consideration paid;

(9) The license plate number of the vehicle used in transporting the materials to the scrap metal recycler's place of business; and

(10) (A) A clearly identifiable date-and-time-stamped digital photograph of: (i) The seller; (ii) The scrap metal in the form in which it was purchased; and (iii) A catalytic converter, if any. (B) The name of the person taking the photographs under this subdivision (d)(10) shall be recorded and provided with the photographs.

(A) A clearly identifiable date-and-time-stamped digital photograph of: (i) The seller; (ii) The scrap metal in the form in which it was purchased; and (iii) A catalytic converter, if any.

(i) The seller;

(ii) The scrap metal in the form in which it was purchased; and

(iii) A catalytic converter, if any.

(B) The name of the person taking the photographs under this subdivision (d)(10) shall be recorded and provided with the photographs.

(e) The photocopy required under subdivision (d)(2) of this section, the digital thumbprints required under subdivision (d)(4) of this section, and the digital photographs taken required under subdivision (d)(10)(A) of this section shall be reasonably clear.

(f) (1) (A) For records required under subsections (a) and (d) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day. (B) The report shall be made daily by entering the information into an automated database which may be accessed by law enforcement statewide. (2) (A) The operator of the electronic database under this section shall send a report that includes a list of all scrap metal recyclers in the county that have accessed or that have access to the database but have not filed a daily electronic record of scrap metal purchases as required by this section to: (i) The county sheriff every seven (7) days; and (ii) Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days. (B) (i) A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under § 17-44-106(a) for the first offense. (ii) A second violation of the daily reporting requirement of this section is a Class A misdemeanor. (iii) A third or subsequent violation is a Class D felony.

(1) (A) For records required under subsections (a) and (d) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day. (B) The report shall be made daily by entering the information into an automated database which may be accessed by law enforcement statewide.

(A) For records required under subsections (a) and (d) of this section, a scrap metal recycler shall file a daily electronic record of scrap metal purchases made for that day.

(B) The report shall be made daily by entering the information into an automated database which may be accessed by law enforcement statewide.

(2) (A) The operator of the electronic database under this section shall send a report that includes a list of all scrap metal recyclers in the county that have accessed or that have access to the database but have not filed a daily electronic record of scrap metal purchases as required by this section to: (i) The county sheriff every seven (7) days; and (ii) Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days. (B) (i) A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under § 17-44-106(a) for the first offense. (ii) A second violation of the daily reporting requirement of this section is a Class A misdemeanor. (iii) A third or subsequent violation is a Class D felony.

(A) The operator of the electronic database under this section shall send a report that includes a list of all scrap metal recyclers in the county that have accessed or that have access to the database but have not filed a daily electronic record of scrap metal purchases as required by this section to: (i) The county sheriff every seven (7) days; and (ii) Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days.

(i) The county sheriff every seven (7) days; and

(ii) Any law enforcement agency that requests periodic copies of the report more frequently than every seven (7) days.

(B) (i) A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under § 17-44-106(a) for the first offense. (ii) A second violation of the daily reporting requirement of this section is a Class A misdemeanor. (iii) A third or subsequent violation is a Class D felony.

(i) A scrap metal recycler who fails to file a daily electronic record of scrap metal purchases as required by this section shall be subject to the civil penalty provided for under § 17-44-106(a) for the first offense.

(ii) A second violation of the daily reporting requirement of this section is a Class A misdemeanor.

(iii) A third or subsequent violation is a Class D felony.

(g) The records required under this section shall be: (1) Kept for a period of one (1) year; (2) Made available to any law enforcement office of the State of Arkansas and any Arkansas municipality or county; and (3) Available for use in any legal proceeding.

(1) Kept for a period of one (1) year;

(2) Made available to any law enforcement office of the State of Arkansas and any Arkansas municipality or county; and

(3) Available for use in any legal proceeding.

(h) This section does not apply to transactions: (1) In which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor if the purchaser or transferee obtained a bill of sale or similar document at the time of transfer; (2) Involving only beverage or food containers; or (3) Involving only ferrous metals.

(1) In which a scrap metal processor purchases, transfers, or otherwise conveys scrap metal to another scrap metal processor if the purchaser or transferee obtained a bill of sale or similar document at the time of transfer;

(2) Involving only beverage or food containers; or

(3) Involving only ferrous metals.

Amended by Act 2021, No. 1083,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 386,§ 27, eff. 7/24/2019.

Amended by Act 2013, No. 1354,§ 7, eff. 8/16/2013.

Acts 1969, No. 148, §§ 1-3; A.S.A. 1947, §§ 71-1501.1 -- 71-1501.3; Acts 2005, No. 1994, § 399; 2007, No. 749, § 2; 2009, No. 390, § 2; 2011, No. 1193, § 2.
Ark. Code Ann. § 17-92-304 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-304
Board administration - Support services
Status: in_force

(a) The Arkansas State Board of Pharmacy shall be fully advised respecting the eligibility and qualifications of all persons whom the board admits to the examination and to whom the board grants licensure. (b) For this purpose the board shall secure the services of the National Association of Boards of Pharmacy and the Arkansas Pharmacists Association and shall pay for such service as the board may determine, but not to exceed one dollar ($1.00) of each renewal fee annually paid. Acts 1921, No. 535, § 4; Pope's Dig., § 4622; A.S.A. 1947, § 72-1011.

(a) The Arkansas State Board of Pharmacy shall be fully advised respecting the eligibility and qualifications of all persons whom the board admits to the examination and to whom the board grants licensure.

(b) For this purpose the board shall secure the services of the National Association of Boards of Pharmacy and the Arkansas Pharmacists Association and shall pay for such service as the board may determine, but not to exceed one dollar ($1.00) of each renewal fee annually paid.

Acts 1921, No. 535, § 4; Pope's Dig., § 4622; A.S.A. 1947, § 72-1011.
Ark. Code Ann. § 17-88-103 — AR Code / Title 17 / Chapter 88 / Subchapter 1 / Section 17-88-103
Exceptions
Status: in_force

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of: (1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed; (2) Any person employed as an occupational therapist or occupational therapy assistant by the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed; (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee; (4) Any person fulfilling the supervised field work experience requirements of § 17-88-302 , if such activities and services constitute a part of the experiences necessary to meet the requirements of that section; (5) Any person employed by or working under the direct supervision of an occupational therapist as an occupational therapy aide; or (6) Any person licensed as an occupational therapist in another state, United States possession, or country or who has received at least a baccalaureate degree or its equivalent in occupational therapy and who is in this state for the purpose of: (A) Consultation, provided the practice is limited to consultation; or (B) Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education in an approved school of occupational therapy or its affiliated clinical facilities or healthcare agencies or before a group of licensed occupational therapists. Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:

(1) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed;

(2) Any person employed as an occupational therapist or occupational therapy assistant by the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;

(3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee;

(4) Any person fulfilling the supervised field work experience requirements of § 17-88-302 , if such activities and services constitute a part of the experiences necessary to meet the requirements of that section;

(5) Any person employed by or working under the direct supervision of an occupational therapist as an occupational therapy aide; or

(6) Any person licensed as an occupational therapist in another state, United States possession, or country or who has received at least a baccalaureate degree or its equivalent in occupational therapy and who is in this state for the purpose of: (A) Consultation, provided the practice is limited to consultation; or (B) Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education in an approved school of occupational therapy or its affiliated clinical facilities or healthcare agencies or before a group of licensed occupational therapists.

(A) Consultation, provided the practice is limited to consultation; or

(B) Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education in an approved school of occupational therapy or its affiliated clinical facilities or healthcare agencies or before a group of licensed occupational therapists.

Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.
Ark. Code Ann. § 17-29-313 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-313
Permit required - Crematorium construction - Operation of crematorium
Status: in_force

(a) (1) A crematorium shall not be constructed in this state without a permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) In order to receive a permit to construct a crematorium, a person shall: (A) (i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location. (ii) The notice shall: (a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and (b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and (B) (i) Submit an application to the board for a permit to construct a crematorium. (ii) The application for a permit to construct a crematorium shall include: (a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section; (b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and (c) The fee as prescribed in § 17-29-208 [repealed]. (b) (1) Upon receiving a written protest to an application for the construction of a crematorium, the board shall: (A) Schedule a public hearing on the application; and (B) (i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application. (ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing. (2) The public hearing shall be held in the city or county in which the proposed crematorium is to be located. (c) (1) A crematorium shall not be operated in this state without a license issued by the board. (2) A person who desires to operate a crematorium in this state shall: (A) Make application to the board on forms furnished by the board; (B) Provide the necessary information as determined by the board; (C) Attach the fee as prescribed by the board; (D) Satisfy the requirements of the board for the safe and sanitary operation of a crematorium as determined by the board; and (E) (i) Provide to the board proof of liability insurance. (ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums. (3) The board shall grant the application if the board finds that the proposed crematorium: (A) Complies with all state and federal laws concerning environmental and public health; and (B) Will serve the public interest. Amended by Act 2021, No. 396,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3184, eff. 7/1/2019. Amended by Act 2017, No. 788,§ 23, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 22, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 37, eff. 7/22/2015. Acts 1993, No. 365, § 1.

(a) (1) A crematorium shall not be constructed in this state without a permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) In order to receive a permit to construct a crematorium, a person shall: (A) (i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location. (ii) The notice shall: (a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and (b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and (B) (i) Submit an application to the board for a permit to construct a crematorium. (ii) The application for a permit to construct a crematorium shall include: (a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section; (b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and (c) The fee as prescribed in § 17-29-208 [repealed].

(1) A crematorium shall not be constructed in this state without a permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(2) In order to receive a permit to construct a crematorium, a person shall: (A) (i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location. (ii) The notice shall: (a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and (b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and (B) (i) Submit an application to the board for a permit to construct a crematorium. (ii) The application for a permit to construct a crematorium shall include: (a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section; (b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and (c) The fee as prescribed in § 17-29-208 [repealed].

(A) (i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location. (ii) The notice shall: (a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and (b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and

(i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location.

(ii) The notice shall: (a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and (b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and

(a) (1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board. (2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and

(1) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board.

(2) Publication as described in subdivision (a)(2)(A)(ii) (a)(1) of this section is sufficient if the notice is published in the newspaper's print edition or digital edition, or both; and

(b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and

(B) (i) Submit an application to the board for a permit to construct a crematorium. (ii) The application for a permit to construct a crematorium shall include: (a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section; (b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and (c) The fee as prescribed in § 17-29-208 [repealed].

(i) Submit an application to the board for a permit to construct a crematorium.

(ii) The application for a permit to construct a crematorium shall include: (a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section; (b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and (c) The fee as prescribed in § 17-29-208 [repealed].

(a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section;

(b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and

(c) The fee as prescribed in § 17-29-208 [repealed].

(b) (1) Upon receiving a written protest to an application for the construction of a crematorium, the board shall: (A) Schedule a public hearing on the application; and (B) (i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application. (ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing. (2) The public hearing shall be held in the city or county in which the proposed crematorium is to be located.

(1) Upon receiving a written protest to an application for the construction of a crematorium, the board shall: (A) Schedule a public hearing on the application; and (B) (i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application. (ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing.

(A) Schedule a public hearing on the application; and

(B) (i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application. (ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing.

(i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application.

(ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing.

(2) The public hearing shall be held in the city or county in which the proposed crematorium is to be located.

(c) (1) A crematorium shall not be operated in this state without a license issued by the board. (2) A person who desires to operate a crematorium in this state shall: (A) Make application to the board on forms furnished by the board; (B) Provide the necessary information as determined by the board; (C) Attach the fee as prescribed by the board; (D) Satisfy the requirements of the board for the safe and sanitary operation of a crematorium as determined by the board; and (E) (i) Provide to the board proof of liability insurance. (ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums. (3) The board shall grant the application if the board finds that the proposed crematorium: (A) Complies with all state and federal laws concerning environmental and public health; and (B) Will serve the public interest.

(1) A crematorium shall not be operated in this state without a license issued by the board.

(2) A person who desires to operate a crematorium in this state shall: (A) Make application to the board on forms furnished by the board; (B) Provide the necessary information as determined by the board; (C) Attach the fee as prescribed by the board; (D) Satisfy the requirements of the board for the safe and sanitary operation of a crematorium as determined by the board; and (E) (i) Provide to the board proof of liability insurance. (ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums.

(A) Make application to the board on forms furnished by the board;

(B) Provide the necessary information as determined by the board;

(C) Attach the fee as prescribed by the board;

(D) Satisfy the requirements of the board for the safe and sanitary operation of a crematorium as determined by the board; and

(E) (i) Provide to the board proof of liability insurance. (ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums.

(i) Provide to the board proof of liability insurance.

(ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums.

(3) The board shall grant the application if the board finds that the proposed crematorium: (A) Complies with all state and federal laws concerning environmental and public health; and (B) Will serve the public interest.

(A) Complies with all state and federal laws concerning environmental and public health; and

(B) Will serve the public interest.

Amended by Act 2021, No. 396,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3184, eff. 7/1/2019.

Amended by Act 2017, No. 788,§ 23, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 22, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 37, eff. 7/22/2015.

Acts 1993, No. 365, § 1.
Ark. Code Ann. § 17-95-102 — AR Code / Title 17 / Chapter 95 / Subchapter 1 / Section 17-95-102
Legend drugs - Definitions
Status: in_force

(a) As used in this section, "dispensing physician" means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who purchases legend drugs to be dispensed to his or her patients for the patients' personal use and administration outside the physician's office. (b) This section does not apply to physicians who only dispense drugs in injectable form unless they are controlled substances, in which case this section shall fully apply. (c) The dispensing physician shall: (1) Personally dispense legend drugs, and the dispensing of such drugs may be delegated; (2) (A) Keep records of all receipts and distributions of legend drugs. (B) The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and (3) Label legend drugs with the following information: (A) Patient's name and address; (B) Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number; (C) Date of dispensing; and (D) Directions and cautionary statements, if any, as required by law. (d) (1) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall not dispense legend drugs without prior approval by the Arkansas State Medical Board after application to the Arkansas State Medical Board and on the showing of need. (2) Licensed physicians who were dispensing in the ordinary course of their practice before April 12, 2013, shall be exempt from the requirements of this subsection. (3) The Arkansas State Medical Board shall determine whether need exists for a physician to dispense a specific legend drug to the physician's patient for a patient's personal use and administration outside of the physician's office based on such information as is necessary for the Arkansas State Medical Board to determine: (A) The legend drug or drugs that the physician requests to dispense; (B) The ability of a physician's patient to obtain the legend drug from other medical professionals; (C) The availability of the legend drug to be prescribed by the physician; (D) The hours at which the legend drug may be obtained from other medical professionals; (E) The distance the physician's patient must travel to obtain the legend drug from other medical professionals; (F) Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug; (G) Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest; (H) Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and (I) The procedures the physician has implemented to: (i) Assure compliance with the requirements of subsection (c) of this section; (ii) Monitor and guard against potential drug interactions; (iii) Store and safeguard the legend drugs; and (iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program. (4) This section does not apply to a prescription for: (i) A topical medication; (ii) Naloxone; (iii) Nicotine replacement therapy products; (iv) Contraceptives; (v) Acute care medication; or (vi) Initial treatment for maintenance medication. (e) (1) The Arkansas State Medical Board shall enforce the provisions of this section and is authorized and directed to adopt rules to carry out the purpose of this section. (2) The Arkansas State Medical Board shall adopt rules for physician dispensing that, at minimum, meet the same requirements for dispensing and oversight established by the Arkansas State Board of Pharmacy. (f) As used in this section: (1) (A) "Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy. (B) "Acute care medication" includes the following oral medications: (i) Medications to treat infections; (ii) Anti-inflammatory medications; (iii) Antinausea medications; (iv) Antihistamines; and (v) Cough medications; (2) "Initial treatment" means the first prescription written for a specific prescription medication intended to initiate therapy on the medication; and (3) "Maintenance medication" means a legend drug that: (A) Is not a controlled substance; (B) Is prescribed for no more than thirty (30) days; and (C) Is used to treat one (1) of the following medical conditions: (i) Hypertension; (ii) Diabetes mellitus; or (iii) Hypercholesterolemia. Amended by Act 2021, No. 503,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1611, eff. 7/24/2019. Amended by Act 2019, No. 651,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 284,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 1169,§ 1, eff. 4/12/2013. Acts 1983, No. 515, §§ 1-4; A.S.A. 1947, §§ 72-638 -- 72-641; Acts 1987, No. 190, § 1.

(a) As used in this section, "dispensing physician" means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who purchases legend drugs to be dispensed to his or her patients for the patients' personal use and administration outside the physician's office.

(b) This section does not apply to physicians who only dispense drugs in injectable form unless they are controlled substances, in which case this section shall fully apply.

(c) The dispensing physician shall: (1) Personally dispense legend drugs, and the dispensing of such drugs may be delegated; (2) (A) Keep records of all receipts and distributions of legend drugs. (B) The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and (3) Label legend drugs with the following information: (A) Patient's name and address; (B) Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number; (C) Date of dispensing; and (D) Directions and cautionary statements, if any, as required by law.

(1) Personally dispense legend drugs, and the dispensing of such drugs may be delegated;

(2) (A) Keep records of all receipts and distributions of legend drugs. (B) The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and

(A) Keep records of all receipts and distributions of legend drugs.

(B) The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and

(3) Label legend drugs with the following information: (A) Patient's name and address; (B) Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number; (C) Date of dispensing; and (D) Directions and cautionary statements, if any, as required by law.

(A) Patient's name and address;

(B) Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number;

(C) Date of dispensing; and

(D) Directions and cautionary statements, if any, as required by law.

(d) (1) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall not dispense legend drugs without prior approval by the Arkansas State Medical Board after application to the Arkansas State Medical Board and on the showing of need. (2) Licensed physicians who were dispensing in the ordinary course of their practice before April 12, 2013, shall be exempt from the requirements of this subsection. (3) The Arkansas State Medical Board shall determine whether need exists for a physician to dispense a specific legend drug to the physician's patient for a patient's personal use and administration outside of the physician's office based on such information as is necessary for the Arkansas State Medical Board to determine: (A) The legend drug or drugs that the physician requests to dispense; (B) The ability of a physician's patient to obtain the legend drug from other medical professionals; (C) The availability of the legend drug to be prescribed by the physician; (D) The hours at which the legend drug may be obtained from other medical professionals; (E) The distance the physician's patient must travel to obtain the legend drug from other medical professionals; (F) Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug; (G) Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest; (H) Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and (I) The procedures the physician has implemented to: (i) Assure compliance with the requirements of subsection (c) of this section; (ii) Monitor and guard against potential drug interactions; (iii) Store and safeguard the legend drugs; and (iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program. (4) This section does not apply to a prescription for: (i) A topical medication; (ii) Naloxone; (iii) Nicotine replacement therapy products; (iv) Contraceptives; (v) Acute care medication; or (vi) Initial treatment for maintenance medication.

(1) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall not dispense legend drugs without prior approval by the Arkansas State Medical Board after application to the Arkansas State Medical Board and on the showing of need.

(2) Licensed physicians who were dispensing in the ordinary course of their practice before April 12, 2013, shall be exempt from the requirements of this subsection.

(3) The Arkansas State Medical Board shall determine whether need exists for a physician to dispense a specific legend drug to the physician's patient for a patient's personal use and administration outside of the physician's office based on such information as is necessary for the Arkansas State Medical Board to determine: (A) The legend drug or drugs that the physician requests to dispense; (B) The ability of a physician's patient to obtain the legend drug from other medical professionals; (C) The availability of the legend drug to be prescribed by the physician; (D) The hours at which the legend drug may be obtained from other medical professionals; (E) The distance the physician's patient must travel to obtain the legend drug from other medical professionals; (F) Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug; (G) Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest; (H) Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and (I) The procedures the physician has implemented to: (i) Assure compliance with the requirements of subsection (c) of this section; (ii) Monitor and guard against potential drug interactions; (iii) Store and safeguard the legend drugs; and (iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program.

(A) The legend drug or drugs that the physician requests to dispense;

(B) The ability of a physician's patient to obtain the legend drug from other medical professionals;

(C) The availability of the legend drug to be prescribed by the physician;

(D) The hours at which the legend drug may be obtained from other medical professionals;

(E) The distance the physician's patient must travel to obtain the legend drug from other medical professionals;

(F) Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug;

(G) Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest;

(H) Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and

(I) The procedures the physician has implemented to: (i) Assure compliance with the requirements of subsection (c) of this section; (ii) Monitor and guard against potential drug interactions; (iii) Store and safeguard the legend drugs; and (iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program.

(i) Assure compliance with the requirements of subsection (c) of this section;

(ii) Monitor and guard against potential drug interactions;

(iii) Store and safeguard the legend drugs; and

(iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program.

(4) This section does not apply to a prescription for: (i) A topical medication; (ii) Naloxone; (iii) Nicotine replacement therapy products; (iv) Contraceptives; (v) Acute care medication; or (vi) Initial treatment for maintenance medication.

(i) A topical medication;

(ii) Naloxone;

(iii) Nicotine replacement therapy products;

(iv) Contraceptives;

(v) Acute care medication; or

(vi) Initial treatment for maintenance medication.

(e) (1) The Arkansas State Medical Board shall enforce the provisions of this section and is authorized and directed to adopt rules to carry out the purpose of this section. (2) The Arkansas State Medical Board shall adopt rules for physician dispensing that, at minimum, meet the same requirements for dispensing and oversight established by the Arkansas State Board of Pharmacy.

(1) The Arkansas State Medical Board shall enforce the provisions of this section and is authorized and directed to adopt rules to carry out the purpose of this section.

(2) The Arkansas State Medical Board shall adopt rules for physician dispensing that, at minimum, meet the same requirements for dispensing and oversight established by the Arkansas State Board of Pharmacy.

(f) As used in this section: (1) (A) "Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy. (B) "Acute care medication" includes the following oral medications: (i) Medications to treat infections; (ii) Anti-inflammatory medications; (iii) Antinausea medications; (iv) Antihistamines; and (v) Cough medications; (2) "Initial treatment" means the first prescription written for a specific prescription medication intended to initiate therapy on the medication; and (3) "Maintenance medication" means a legend drug that: (A) Is not a controlled substance; (B) Is prescribed for no more than thirty (30) days; and (C) Is used to treat one (1) of the following medical conditions: (i) Hypertension; (ii) Diabetes mellitus; or (iii) Hypercholesterolemia.

(1) (A) "Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy. (B) "Acute care medication" includes the following oral medications: (i) Medications to treat infections; (ii) Anti-inflammatory medications; (iii) Antinausea medications; (iv) Antihistamines; and (v) Cough medications;

(A) "Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy.

(B) "Acute care medication" includes the following oral medications: (i) Medications to treat infections; (ii) Anti-inflammatory medications; (iii) Antinausea medications; (iv) Antihistamines; and (v) Cough medications;

(i) Medications to treat infections;

(ii) Anti-inflammatory medications;

(iii) Antinausea medications;

(iv) Antihistamines; and

(v) Cough medications;

(2) "Initial treatment" means the first prescription written for a specific prescription medication intended to initiate therapy on the medication; and

(3) "Maintenance medication" means a legend drug that: (A) Is not a controlled substance; (B) Is prescribed for no more than thirty (30) days; and (C) Is used to treat one (1) of the following medical conditions: (i) Hypertension; (ii) Diabetes mellitus; or (iii) Hypercholesterolemia.

(A) Is not a controlled substance;

(B) Is prescribed for no more than thirty (30) days; and

(C) Is used to treat one (1) of the following medical conditions: (i) Hypertension; (ii) Diabetes mellitus; or (iii) Hypercholesterolemia.

(i) Hypertension;

(ii) Diabetes mellitus; or

(iii) Hypercholesterolemia.

Amended by Act 2021, No. 503,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1611, eff. 7/24/2019.

Amended by Act 2019, No. 651,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 284,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 1169,§ 1, eff. 4/12/2013.

Acts 1983, No. 515, §§ 1-4; A.S.A. 1947, §§ 72-638 -- 72-641; Acts 1987, No. 190, § 1.
Ark. Code Ann. § 17-47-310 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-310
Code of ethics
Status: in_force

(a) The Arkansas Natural Resources Commission shall cause to have prepared and shall adopt a code of ethics, a copy of which shall be delivered to every registrant and applicant for registration under this chapter. (b) The delivery shall constitute due notice to all registrants. (c) The commission may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of revisions and amendments. (d) The code of ethics shall apply to all certificate holders. Amended by Act 2023, No. 691,§ 112, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 111, eff. 7/1/2023. Acts 1975, No. 460, § 15; A.S.A. 1947, § 71-2715.

(a) The Arkansas Natural Resources Commission shall cause to have prepared and shall adopt a code of ethics, a copy of which shall be delivered to every registrant and applicant for registration under this chapter.

(b) The delivery shall constitute due notice to all registrants.

(c) The commission may revise and amend this code of ethics from time to time and shall forthwith notify each registrant in writing of revisions and amendments.

(d) The code of ethics shall apply to all certificate holders.

Amended by Act 2023, No. 691,§ 112, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 111, eff. 7/1/2023.

Acts 1975, No. 460, § 15; A.S.A. 1947, § 71-2715.