Ark. Code Ann. § 17-106-105 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-105
Duties and powers
Status: in_force

(a) (1) The State Board of Health is authorized to: (A) (i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter. (ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation; (B) Adopt standards for applicants wishing to take the licensing examination; (C) Recognize and license emerging modalities in radiological procedures; and (D) Adopt, publish, and from time to time revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter. (2) (A) (i) All fees shall be established by the board. (ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter. (iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter. (iv) In addition, the board will determine the late fee. (v) All such fees shall be used only for the purposes authorized in this chapter. (B) Any money not used by the department to administer the licensing program within a fiscal year shall be carried forward into the next fiscal year. (b) The Medical Ionizing Radiation Licensure Committee is authorized to: (1) Adopt suitable bylaws for carrying out its duties under the provisions of this chapter; (2) Have an official seal that shall bear the words "Medical Ionizing Radiation Licensure Committee"; (3) (A) Provide a secretary's certificate. (B) The certificate of the Secretary of the Medical Ionizing Radiation Licensure Committee under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the committee and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter; (4) Keep a record of all its proceedings, receipts, and disbursements; (5) Recommend to the board standards for applicants wishing to take the licensing examination and conduct examinations or contract with persons or entities to conduct examinations of applicants; (6) Grant, deny, renew, suspend, or revoke licenses for any cause stated in this chapter; and (7) Conduct disciplinary proceedings as provided in this chapter. (c) (1) In the performance of its duties, the committee is empowered to administer oaths and take testimony on any matters within the committee's jurisdiction and issue subpoenas and thereby compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the committee. (2) All subpoenas issued by the committee shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts. Amended by Act 2019, No. 315,§ 1675, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4913, eff. 7/1/2019. Acts 1999, No. 1071, § 5; 2003, No. 1395, §§ 4, 5.

(a) (1) The State Board of Health is authorized to: (A) (i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter. (ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation; (B) Adopt standards for applicants wishing to take the licensing examination; (C) Recognize and license emerging modalities in radiological procedures; and (D) Adopt, publish, and from time to time revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter. (2) (A) (i) All fees shall be established by the board. (ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter. (iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter. (iv) In addition, the board will determine the late fee. (v) All such fees shall be used only for the purposes authorized in this chapter. (B) Any money not used by the department to administer the licensing program within a fiscal year shall be carried forward into the next fiscal year.

(1) The State Board of Health is authorized to: (A) (i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter. (ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation; (B) Adopt standards for applicants wishing to take the licensing examination; (C) Recognize and license emerging modalities in radiological procedures; and (D) Adopt, publish, and from time to time revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter.

(A) (i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter. (ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation;

(i) Incur whatever expenses the board may deem necessary or expedient in performing the board's duties under the provisions of this chapter.

(ii) The board, pursuant to the administration of the Department of Health, may employ or engage whatever personnel, legal counsel, independent contractors, or assistants it may deem necessary or expedient and fix their compensation;

(B) Adopt standards for applicants wishing to take the licensing examination;

(C) Recognize and license emerging modalities in radiological procedures; and

(D) Adopt, publish, and from time to time revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter.

(2) (A) (i) All fees shall be established by the board. (ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter. (iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter. (iv) In addition, the board will determine the late fee. (v) All such fees shall be used only for the purposes authorized in this chapter. (B) Any money not used by the department to administer the licensing program within a fiscal year shall be carried forward into the next fiscal year.

(A) (i) All fees shall be established by the board. (ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter. (iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter. (iv) In addition, the board will determine the late fee. (v) All such fees shall be used only for the purposes authorized in this chapter.

(i) All fees shall be established by the board.

(ii) The licensing fee shall not be more than seventy-five dollars ($75.00) and shall be an amount reasonably calculated to cover the costs of issuing the license to practice and otherwise administer this chapter.

(iii) The examination fee shall be an amount reasonably calculated to cover the costs of the examination and otherwise administer this chapter.

(iv) In addition, the board will determine the late fee.

(v) All such fees shall be used only for the purposes authorized in this chapter.

(B) Any money not used by the department to administer the licensing program within a fiscal year shall be carried forward into the next fiscal year.

(b) The Medical Ionizing Radiation Licensure Committee is authorized to: (1) Adopt suitable bylaws for carrying out its duties under the provisions of this chapter; (2) Have an official seal that shall bear the words "Medical Ionizing Radiation Licensure Committee"; (3) (A) Provide a secretary's certificate. (B) The certificate of the Secretary of the Medical Ionizing Radiation Licensure Committee under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the committee and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter; (4) Keep a record of all its proceedings, receipts, and disbursements; (5) Recommend to the board standards for applicants wishing to take the licensing examination and conduct examinations or contract with persons or entities to conduct examinations of applicants; (6) Grant, deny, renew, suspend, or revoke licenses for any cause stated in this chapter; and (7) Conduct disciplinary proceedings as provided in this chapter.

(1) Adopt suitable bylaws for carrying out its duties under the provisions of this chapter;

(2) Have an official seal that shall bear the words "Medical Ionizing Radiation Licensure Committee";

(3) (A) Provide a secretary's certificate. (B) The certificate of the Secretary of the Medical Ionizing Radiation Licensure Committee under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the committee and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter;

(A) Provide a secretary's certificate.

(B) The certificate of the Secretary of the Medical Ionizing Radiation Licensure Committee under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the committee and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter;

(4) Keep a record of all its proceedings, receipts, and disbursements;

(5) Recommend to the board standards for applicants wishing to take the licensing examination and conduct examinations or contract with persons or entities to conduct examinations of applicants;

(6) Grant, deny, renew, suspend, or revoke licenses for any cause stated in this chapter; and

(7) Conduct disciplinary proceedings as provided in this chapter.

(c) (1) In the performance of its duties, the committee is empowered to administer oaths and take testimony on any matters within the committee's jurisdiction and issue subpoenas and thereby compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the committee. (2) All subpoenas issued by the committee shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.

(1) In the performance of its duties, the committee is empowered to administer oaths and take testimony on any matters within the committee's jurisdiction and issue subpoenas and thereby compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the committee.

(2) All subpoenas issued by the committee shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.

Amended by Act 2019, No. 315,§ 1675, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4913, eff. 7/1/2019.

Acts 1999, No. 1071, § 5; 2003, No. 1395, §§ 4, 5.
Ark. Code Ann. § 17-26-504 — AR Code / Title 17 / Chapter 26 / Subchapter 5 / Section 17-26-504
Exemption
Status: in_force

The practice of natural hair braiding, except as provided by this subchapter, is exempt from regulation under this chapter and is exempt from the authority of the Cosmetology Technical Advisory Committee, the State Board of Health, and the Department of Health. Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.

The practice of natural hair braiding, except as provided by this subchapter, is exempt from regulation under this chapter and is exempt from the authority of the Cosmetology Technical Advisory Committee, the State Board of Health, and the Department of Health.

Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-38-205 — AR Code / Title 17 / Chapter 38 / Subchapter 2 / Section 17-38-205
Disposition of funds - Loans
Status: in_force

(a) All fees or payments of any type collected by the State Board of Health under this chapter shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof, and the Treasurer of State shall credit the fees or deposits to the credit of the "Plumbers Licensing Fund", which is hereby created. (b) All funds deposited into the Plumbers Licensing Fund shall be used for the maintenance, operation, and improvement of the plumbers licensing and inspection services of the board. (c) The Chief Fiscal Officer of the State is authorized, from time to time, to make transfers of moneys in the Budget Stabilization Trust Fund as loans to the Plumbers Licensing Fund to be used for maintenance and operation of the plumbers licensing and plumbing inspection program of the Department of Health. Any moneys loaned from the Budget Stabilization Trust Fund to the Plumbers Licensing Fund shall be repaid from fees derived from the plumbers licensing and plumbing inspection program on or before the last day of the fiscal year in which the loan of the funds is made. (d) All moneys received from the sale or trade of motor vehicles purchased with funds from the Plumbers Licensing Fund shall be credited to the Plumbers Licensing Fund. Acts 1951, No. 200, § 13; 1957, No. 372, § 1; A.S.A. 1947, § 71-1217; Acts 1987, No. 816, § 12; 1991, No. 330, § 2.

(a) All fees or payments of any type collected by the State Board of Health under this chapter shall be deposited into the State Treasury on or before the fifth day of the month next following the month of collection thereof, and the Treasurer of State shall credit the fees or deposits to the credit of the "Plumbers Licensing Fund", which is hereby created.

(b) All funds deposited into the Plumbers Licensing Fund shall be used for the maintenance, operation, and improvement of the plumbers licensing and inspection services of the board.

(c) The Chief Fiscal Officer of the State is authorized, from time to time, to make transfers of moneys in the Budget Stabilization Trust Fund as loans to the Plumbers Licensing Fund to be used for maintenance and operation of the plumbers licensing and plumbing inspection program of the Department of Health. Any moneys loaned from the Budget Stabilization Trust Fund to the Plumbers Licensing Fund shall be repaid from fees derived from the plumbers licensing and plumbing inspection program on or before the last day of the fiscal year in which the loan of the funds is made.

(d) All moneys received from the sale or trade of motor vehicles purchased with funds from the Plumbers Licensing Fund shall be credited to the Plumbers Licensing Fund.

Acts 1951, No. 200, § 13; 1957, No. 372, § 1; A.S.A. 1947, § 71-1217; Acts 1987, No. 816, § 12; 1991, No. 330, § 2.
Ark. Code Ann. § 17-38-309 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-309
Grounds for suspension or revocation
Status: in_force

The Committee of Plumbing Examiners, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant and upon not less than ten (10) days' notice to the licensee, may suspend any plumber's license or temporary permit if the committee has reason to believe, and may revoke the license or permit in the manner provided in § 17-38-310 if it finds, that the holder of the license or permit has: (1) Made a material misstatement in the application for license or renewal thereof or for temporary permit; (2) Demonstrated incompetency to act as a license holder; or (3) Willfully violated any provisions of this chapter or any rule or order prescribed by the State Board of Health. Amended by Act 2019, No. 315,§ 1455, eff. 7/24/2019. Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9.

The Committee of Plumbing Examiners, on its own motion, may make investigations and conduct hearings and, on its own motion or upon complaint in writing signed and verified by the complainant and upon not less than ten (10) days' notice to the licensee, may suspend any plumber's license or temporary permit if the committee has reason to believe, and may revoke the license or permit in the manner provided in § 17-38-310 if it finds, that the holder of the license or permit has:

(1) Made a material misstatement in the application for license or renewal thereof or for temporary permit;

(2) Demonstrated incompetency to act as a license holder; or

(3) Willfully violated any provisions of this chapter or any rule or order prescribed by the State Board of Health.

Amended by Act 2019, No. 315,§ 1455, eff. 7/24/2019.

Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9.
Ark. Code Ann. § 17-44-108 — AR Code / Title 17 / Chapter 44 / Section 17-44-108
License to sell required
Status: in_force

(a) (1) A license is required for all scrap metal recyclers to be issued by the county sheriff. (2) (A) A license under this section shall cost two hundred fifty dollars ($250) and may be renewed annually for twenty-five dollars ($25.00). (B) The fees described in subdivision (a)(2)(A) of this section do not apply to a not-for-profit scrap metal dealer or not-for-profit scrap metal recycler. (3) The license fee shall be payable to the county sheriff and shall be used for the county sheriff's general operating expenses. (b) Before a license may be issued under this section, a person operating as a scrap metal recycler shall: (1) Have a fixed physical location with a full complement of permanent utilities, if applicable, including without limitation: (A) Water; (B) Sewer; (C) Electricity; and (D) Gas; (2) Show proof of a required national pollution discharge elimination system stormwater permit issued by the Division of Environmental Quality; and (3) Have the ability to comply with online reporting as required by this chapter. (c) A license under this section may be suspended or revoked by a court having jurisdiction if the prosecuting attorney shows in a civil action that a scrap metal recycler has failed to comply with the requirements of this chapter. Amended by Act 2019, No. 910,§ 3185, eff. 7/1/2019. Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.

(a) (1) A license is required for all scrap metal recyclers to be issued by the county sheriff. (2) (A) A license under this section shall cost two hundred fifty dollars ($250) and may be renewed annually for twenty-five dollars ($25.00). (B) The fees described in subdivision (a)(2)(A) of this section do not apply to a not-for-profit scrap metal dealer or not-for-profit scrap metal recycler. (3) The license fee shall be payable to the county sheriff and shall be used for the county sheriff's general operating expenses.

(1) A license is required for all scrap metal recyclers to be issued by the county sheriff.

(2) (A) A license under this section shall cost two hundred fifty dollars ($250) and may be renewed annually for twenty-five dollars ($25.00). (B) The fees described in subdivision (a)(2)(A) of this section do not apply to a not-for-profit scrap metal dealer or not-for-profit scrap metal recycler.

(A) A license under this section shall cost two hundred fifty dollars ($250) and may be renewed annually for twenty-five dollars ($25.00).

(B) The fees described in subdivision (a)(2)(A) of this section do not apply to a not-for-profit scrap metal dealer or not-for-profit scrap metal recycler.

(3) The license fee shall be payable to the county sheriff and shall be used for the county sheriff's general operating expenses.

(b) Before a license may be issued under this section, a person operating as a scrap metal recycler shall: (1) Have a fixed physical location with a full complement of permanent utilities, if applicable, including without limitation: (A) Water; (B) Sewer; (C) Electricity; and (D) Gas; (2) Show proof of a required national pollution discharge elimination system stormwater permit issued by the Division of Environmental Quality; and (3) Have the ability to comply with online reporting as required by this chapter.

(1) Have a fixed physical location with a full complement of permanent utilities, if applicable, including without limitation: (A) Water; (B) Sewer; (C) Electricity; and (D) Gas;

(A) Water;

(B) Sewer;

(C) Electricity; and

(D) Gas;

(2) Show proof of a required national pollution discharge elimination system stormwater permit issued by the Division of Environmental Quality; and

(3) Have the ability to comply with online reporting as required by this chapter.

(c) A license under this section may be suspended or revoked by a court having jurisdiction if the prosecuting attorney shows in a civil action that a scrap metal recycler has failed to comply with the requirements of this chapter.

Amended by Act 2019, No. 910,§ 3185, eff. 7/1/2019.

Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.
Ark. Code Ann. § 17-95-410 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-410
Denial, suspension, or revocation - Proceedings
Status: in_force

(a) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice medicine in this state charging the licensee with: (1) Failure to have the necessary qualifications as set out in § 17-95-403 ; and (2) The commission of any of the offenses enumerated and described as unprofessional conduct in § 17-95-409 . (b) If the board finds a probable violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules of the board, the board shall review the complaint and issue an order and notice of hearing to the licensee. (c) (1) The order and notice of hearing shall set forth a specification of charges in sufficient detail that the person accused shall have full and complete disclosure of any alleged acts of misconduct, impropriety, or lack of qualification. (2) When an order and notice of hearing is issued, the board or its agent shall send by registered mail to the person's last address of record a copy of the order and notice of hearing along with a written notice of the time and place of the hearing and a statement advising the person that he or she may be present in person or by counsel to offer evidence and be heard in his or her defense. (3) The time fixed for the hearing shall not be less than thirty (30) days from the date of the mailing of the notice. (d) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath. (e) (1) At the conclusion of the hearing, the board shall first decide whether the accused is guilty of the charges against him or her and then decide on appropriate disciplinary action. (2) If the accused is found not guilty, the board shall dismiss the charges. (3) If the accused is found guilty, the board may do one (1) or more of the following: (A) Revoke his or her license; (B) Suspend his or her license for a period not to exceed one (1) year; (C) Issue a reprimand; (D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or (E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing. (4) If the board suspends the license, it may issue a temporary license for whatever duration it decides and renew this temporary license at its discretion. (f) Appeals may be had by either of the parties from the decision of the board in the manner now provided by law. All evidence considered by the board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of the hearing. (g) Nothing in this section shall be construed so as to deprive any person of his or her rights without a full, fair, and impartial hearing. Amended by Act 2019, No. 315,§ 1625, eff. 7/24/2019. Acts 1957, No. 198, § 14; A.S.A. 1947, § 72-614; Acts 1989, No. 362, § 1; 1993, No. 290, § 1; 2001, No. 464, § 6.

(a) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice medicine in this state charging the licensee with: (1) Failure to have the necessary qualifications as set out in § 17-95-403 ; and (2) The commission of any of the offenses enumerated and described as unprofessional conduct in § 17-95-409 .

(1) Failure to have the necessary qualifications as set out in § 17-95-403 ; and

(2) The commission of any of the offenses enumerated and described as unprofessional conduct in § 17-95-409 .

(b) If the board finds a probable violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules of the board, the board shall review the complaint and issue an order and notice of hearing to the licensee.

(c) (1) The order and notice of hearing shall set forth a specification of charges in sufficient detail that the person accused shall have full and complete disclosure of any alleged acts of misconduct, impropriety, or lack of qualification. (2) When an order and notice of hearing is issued, the board or its agent shall send by registered mail to the person's last address of record a copy of the order and notice of hearing along with a written notice of the time and place of the hearing and a statement advising the person that he or she may be present in person or by counsel to offer evidence and be heard in his or her defense. (3) The time fixed for the hearing shall not be less than thirty (30) days from the date of the mailing of the notice.

(1) The order and notice of hearing shall set forth a specification of charges in sufficient detail that the person accused shall have full and complete disclosure of any alleged acts of misconduct, impropriety, or lack of qualification.

(2) When an order and notice of hearing is issued, the board or its agent shall send by registered mail to the person's last address of record a copy of the order and notice of hearing along with a written notice of the time and place of the hearing and a statement advising the person that he or she may be present in person or by counsel to offer evidence and be heard in his or her defense.

(3) The time fixed for the hearing shall not be less than thirty (30) days from the date of the mailing of the notice.

(d) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath.

(e) (1) At the conclusion of the hearing, the board shall first decide whether the accused is guilty of the charges against him or her and then decide on appropriate disciplinary action. (2) If the accused is found not guilty, the board shall dismiss the charges. (3) If the accused is found guilty, the board may do one (1) or more of the following: (A) Revoke his or her license; (B) Suspend his or her license for a period not to exceed one (1) year; (C) Issue a reprimand; (D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or (E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing. (4) If the board suspends the license, it may issue a temporary license for whatever duration it decides and renew this temporary license at its discretion.

(1) At the conclusion of the hearing, the board shall first decide whether the accused is guilty of the charges against him or her and then decide on appropriate disciplinary action.

(2) If the accused is found not guilty, the board shall dismiss the charges.

(3) If the accused is found guilty, the board may do one (1) or more of the following: (A) Revoke his or her license; (B) Suspend his or her license for a period not to exceed one (1) year; (C) Issue a reprimand; (D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or (E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing.

(A) Revoke his or her license;

(B) Suspend his or her license for a period not to exceed one (1) year;

(C) Issue a reprimand;

(D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or

(E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing.

(4) If the board suspends the license, it may issue a temporary license for whatever duration it decides and renew this temporary license at its discretion.

(f) Appeals may be had by either of the parties from the decision of the board in the manner now provided by law. All evidence considered by the board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of the hearing.

(g) Nothing in this section shall be construed so as to deprive any person of his or her rights without a full, fair, and impartial hearing.

Amended by Act 2019, No. 315,§ 1625, eff. 7/24/2019.

Acts 1957, No. 198, § 14; A.S.A. 1947, § 72-614; Acts 1989, No. 362, § 1; 1993, No. 290, § 1; 2001, No. 464, § 6.
Ark. Code Ann. § 17-83-102 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-102
Purpose
Status: in_force

(a) It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics. (b) Nothing in this chapter shall prevent the furnishing of general nutritional information on food, food materials, or dietary supplements or the explanation to customers about foods or food products in connection with the sale, marketing, and distribution of those products. Acts 1989, No. 392, § 2.

(a) It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics.

(b) Nothing in this chapter shall prevent the furnishing of general nutritional information on food, food materials, or dietary supplements or the explanation to customers about foods or food products in connection with the sale, marketing, and distribution of those products.

Acts 1989, No. 392, § 2.
Ark. Code Ann. § 17-42-309 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-309
Place of business
Status: in_force

(a) Every principal broker shall maintain a place of business and shall display a permanently attached sign bearing the name under which the principal broker conducts his or her real estate business and the words "real estate", "realty", or other words approved by the Arkansas Real Estate Commission which clearly indicate to the public that the principal broker is engaged in the real estate business. (b) (1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of the initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304 . (2) However, a duplicate license shall not be issued for a branch office at which licensees are assigned unless the principal broker establishing the branch office has designated an executive broker to supervise the licensees. Acts 1993, No. 690, § 15; 2005, No. 561, § 1.

(a) Every principal broker shall maintain a place of business and shall display a permanently attached sign bearing the name under which the principal broker conducts his or her real estate business and the words "real estate", "realty", or other words approved by the Arkansas Real Estate Commission which clearly indicate to the public that the principal broker is engaged in the real estate business.

(b) (1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of the initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304 . (2) However, a duplicate license shall not be issued for a branch office at which licensees are assigned unless the principal broker establishing the branch office has designated an executive broker to supervise the licensees.

(1) If a principal broker maintains a branch office, a duplicate license shall be issued upon payment by the principal broker of the initial fee and, thereafter, such renewal fee as the commission may require pursuant to § 17-42-304 .

(2) However, a duplicate license shall not be issued for a branch office at which licensees are assigned unless the principal broker establishing the branch office has designated an executive broker to supervise the licensees.

Acts 1993, No. 690, § 15; 2005, No. 561, § 1.
Ark. Code Ann. § 17-84-101 — AR Code / Title 17 / Chapter 84 / Subchapter 1 / Section 17-84-101
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the Arkansas Board of Hearing Instrument Dispensers; (2) "Current" means valid, effective, unexpired, or unsuspended and unrevoked with reference to a license or internship; (3) "Established place of business" means a place of business at a permanent address in the State of Arkansas or, if outside the state, within seventy-five (75) miles of the Arkansas state line, which is open to the public during normal business hours at least thirty-two (32) hours per week; (4) "Hearing instrument" means any instrument or device worn in or behind the ear designed for or represented as aiding, improving, amplifying, or correcting human hearing and any parts, attachments, or accessories of such an instrument or device; (5) "In-office assembled hearing instrument" means an instrument built by the hearing instrument dispenser or under his or her supervision from components, including a premanufactured faceplate and a shell made by the dispenser or made under his or her supervision; (6) "License" and "internship" mean, respectively, license as provided for in § 17-84-306 and internship as provided for in § 17-84-304 ; (7) "Licensed" means holding a current license; (8) "Practice of dispensing hearing instruments" means conducting and interpreting hearing tests for purposes of identifying the type and degree of hearing loss and making proper recommendations based on those results, selecting suitable hearing instruments, making earmolds or ear impressions, and providing appropriate counseling pertaining to the selling, renting, leasing, pricing, delivery, and warranty of hearing instruments; (9) "Sponsor" means a licensed person who trains and directly supervises an intern; and (10) "Unethical conduct" includes, but is not limited to: (A) Obtaining any fee or making any sale by fraud or misrepresentation; (B) Employing directly or indirectly any unlicensed person to perform any work covered by this chapter; (C) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however made, that is misleading or untruthful; (D) Advertising a particular model, type, or kind of hearing instrument for sale when prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind if the purpose of the advertisement is to obtain prospects for the sale of a model, type, or kind other than that advertised; (E) Falsely representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments or using the words "doctor", "audiologist", or "clinic" or like words, abbreviations, or symbols that suggest the medical profession when such use is not accurate; (F) Permitting another to use the holder's license or internship certificate; (G) In any manner making false representations concerning a competitor or his or her products, business methods, selling prices, values, credit terms, policies, services, reliability, ability to perform contracts, credit standing, integrity, or morals; (H) In any manner using, imitating, or simulating the trademark, trade name, corporate name, brand, model name, or number or label of any competitor, manufacturer, or product when it implies or represents a relationship that does not exist; (I) Obtaining information concerning the business of a competitor by bribery of any employee or agent of the competitor, by the impersonation of one in authority, or by any other unfair or deceptive means; and (J) Directly or indirectly giving or offering to give anything of value to any person who advises others in a professional capacity as an inducement to influence others to purchase products sold by a hearing instrument dispenser or to refrain from dealing with a competitor. Acts 1969, No. 197, § 2; A.S.A. 1947, § 72-1702; Acts 1991, No. 46, § 1; 1999, No. 592, § 1; 2007, No. 428, § 1.

As used in this chapter:

(1) "Board" means the Arkansas Board of Hearing Instrument Dispensers;

(2) "Current" means valid, effective, unexpired, or unsuspended and unrevoked with reference to a license or internship;

(3) "Established place of business" means a place of business at a permanent address in the State of Arkansas or, if outside the state, within seventy-five (75) miles of the Arkansas state line, which is open to the public during normal business hours at least thirty-two (32) hours per week;

(4) "Hearing instrument" means any instrument or device worn in or behind the ear designed for or represented as aiding, improving, amplifying, or correcting human hearing and any parts, attachments, or accessories of such an instrument or device;

(5) "In-office assembled hearing instrument" means an instrument built by the hearing instrument dispenser or under his or her supervision from components, including a premanufactured faceplate and a shell made by the dispenser or made under his or her supervision;

(6) "License" and "internship" mean, respectively, license as provided for in § 17-84-306 and internship as provided for in § 17-84-304 ;

(7) "Licensed" means holding a current license;

(8) "Practice of dispensing hearing instruments" means conducting and interpreting hearing tests for purposes of identifying the type and degree of hearing loss and making proper recommendations based on those results, selecting suitable hearing instruments, making earmolds or ear impressions, and providing appropriate counseling pertaining to the selling, renting, leasing, pricing, delivery, and warranty of hearing instruments;

(9) "Sponsor" means a licensed person who trains and directly supervises an intern; and

(10) "Unethical conduct" includes, but is not limited to: (A) Obtaining any fee or making any sale by fraud or misrepresentation; (B) Employing directly or indirectly any unlicensed person to perform any work covered by this chapter; (C) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however made, that is misleading or untruthful; (D) Advertising a particular model, type, or kind of hearing instrument for sale when prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind if the purpose of the advertisement is to obtain prospects for the sale of a model, type, or kind other than that advertised; (E) Falsely representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments or using the words "doctor", "audiologist", or "clinic" or like words, abbreviations, or symbols that suggest the medical profession when such use is not accurate; (F) Permitting another to use the holder's license or internship certificate; (G) In any manner making false representations concerning a competitor or his or her products, business methods, selling prices, values, credit terms, policies, services, reliability, ability to perform contracts, credit standing, integrity, or morals; (H) In any manner using, imitating, or simulating the trademark, trade name, corporate name, brand, model name, or number or label of any competitor, manufacturer, or product when it implies or represents a relationship that does not exist; (I) Obtaining information concerning the business of a competitor by bribery of any employee or agent of the competitor, by the impersonation of one in authority, or by any other unfair or deceptive means; and (J) Directly or indirectly giving or offering to give anything of value to any person who advises others in a professional capacity as an inducement to influence others to purchase products sold by a hearing instrument dispenser or to refrain from dealing with a competitor.

(A) Obtaining any fee or making any sale by fraud or misrepresentation;

(B) Employing directly or indirectly any unlicensed person to perform any work covered by this chapter;

(C) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however made, that is misleading or untruthful;

(D) Advertising a particular model, type, or kind of hearing instrument for sale when prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind if the purpose of the advertisement is to obtain prospects for the sale of a model, type, or kind other than that advertised;

(E) Falsely representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments or using the words "doctor", "audiologist", or "clinic" or like words, abbreviations, or symbols that suggest the medical profession when such use is not accurate;

(F) Permitting another to use the holder's license or internship certificate;

(G) In any manner making false representations concerning a competitor or his or her products, business methods, selling prices, values, credit terms, policies, services, reliability, ability to perform contracts, credit standing, integrity, or morals;

(H) In any manner using, imitating, or simulating the trademark, trade name, corporate name, brand, model name, or number or label of any competitor, manufacturer, or product when it implies or represents a relationship that does not exist;

(I) Obtaining information concerning the business of a competitor by bribery of any employee or agent of the competitor, by the impersonation of one in authority, or by any other unfair or deceptive means; and

(J) Directly or indirectly giving or offering to give anything of value to any person who advises others in a professional capacity as an inducement to influence others to purchase products sold by a hearing instrument dispenser or to refrain from dealing with a competitor.

Acts 1969, No. 197, § 2; A.S.A. 1947, § 72-1702; Acts 1991, No. 46, § 1; 1999, No. 592, § 1; 2007, No. 428, § 1.
Ark. Code Ann. § 17-17-107 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-107
Municipal taxes
Status: in_force

No person following for a livelihood the profession of an auctioneer shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on the profession by a municipality unless that person maintains a business office within that municipality. Acts 1989, No. 266, § 18.

No person following for a livelihood the profession of an auctioneer shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on the profession by a municipality unless that person maintains a business office within that municipality.

Acts 1989, No. 266, § 18.
Ark. Code Ann. § 17-91-103 — AR Code / Title 17 / Chapter 91 / Section 17-91-103
Effect of licensing
Status: in_force

(a) The license issued to a person meeting the qualifications set out in this chapter and successfully passing the examination shall be the same license to practice medicine and surgery in the State of Arkansas as is regularly issued by the Arkansas State Medical Board and shall entitle the holder thereof to practice medicine and surgery in the State of Arkansas. (b) The holder of the license shall be subject to all the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., including the payment of the fees set out therein. (c) Any reference to "medical doctor" or "physician" shall be deemed to include a Doctor of Osteopathy, or D.O., or an osteopathic physician unless any of those terms is specifically excluded. Acts 1971, No. 650, § 4; A.S.A. 1947, § 72-914; Acts 2001, No. 929, § 4.

(a) The license issued to a person meeting the qualifications set out in this chapter and successfully passing the examination shall be the same license to practice medicine and surgery in the State of Arkansas as is regularly issued by the Arkansas State Medical Board and shall entitle the holder thereof to practice medicine and surgery in the State of Arkansas.

(b) The holder of the license shall be subject to all the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., including the payment of the fees set out therein.

(c) Any reference to "medical doctor" or "physician" shall be deemed to include a Doctor of Osteopathy, or D.O., or an osteopathic physician unless any of those terms is specifically excluded.

Acts 1971, No. 650, § 4; A.S.A. 1947, § 72-914; Acts 2001, No. 929, § 4.
Ark. Code Ann. § 17-11-301 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-301
Certificate of registration required
Status: in_force

(a) (1) Every person, firm, or private corporation engaged in the business of abstracting in one (1) county only, shall be or have in its employ a registered abstracter. (2) Every person, firm, or private corporation engaged in the business of abstracting in more than one (1) county in this state shall have at least one (1) registered abstracter for each county in which it maintains an abstract office. (b) No person shall execute an abstract certificate or otherwise attest to the accuracy of abstracts unless the person is a registered abstracter as defined in this chapter. (c) (1) Each person engaged in the business of abstracting who is a registered abstracter may fulfill the requirements of subsection (a) of this section in one (1) county only. (2) No registered abstracter may fulfill the requirements of subsection (a) of this section for more than one (1) county or more than one (1) company at any one (1) time. Acts 1969, No. 109, § 5; A.S.A. 1947, § 71-105.

(a) (1) Every person, firm, or private corporation engaged in the business of abstracting in one (1) county only, shall be or have in its employ a registered abstracter. (2) Every person, firm, or private corporation engaged in the business of abstracting in more than one (1) county in this state shall have at least one (1) registered abstracter for each county in which it maintains an abstract office.

(1) Every person, firm, or private corporation engaged in the business of abstracting in one (1) county only, shall be or have in its employ a registered abstracter.

(2) Every person, firm, or private corporation engaged in the business of abstracting in more than one (1) county in this state shall have at least one (1) registered abstracter for each county in which it maintains an abstract office.

(b) No person shall execute an abstract certificate or otherwise attest to the accuracy of abstracts unless the person is a registered abstracter as defined in this chapter.

(c) (1) Each person engaged in the business of abstracting who is a registered abstracter may fulfill the requirements of subsection (a) of this section in one (1) county only. (2) No registered abstracter may fulfill the requirements of subsection (a) of this section for more than one (1) county or more than one (1) company at any one (1) time.

(1) Each person engaged in the business of abstracting who is a registered abstracter may fulfill the requirements of subsection (a) of this section in one (1) county only.

(2) No registered abstracter may fulfill the requirements of subsection (a) of this section for more than one (1) county or more than one (1) company at any one (1) time.

Acts 1969, No. 109, § 5; A.S.A. 1947, § 71-105.
Ark. Code Ann. § 17-80-207 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-207
Request for restricted license
Status: in_force

(a) (1) An impaired physician or an impaired dentist may request in writing to the appropriate board for a restriction of his or her license to practice. (2) The board may grant such a request for restriction and shall have authority to attach conditions to the licensure of the physician to practice medicine or the dentist to practice dentistry within specified limitations. (b) Removal of a voluntary restriction on licensure to practice medicine or dentistry shall be subject to the procedure for reinstatement of licensure pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Dental Practice Act, § 17-82-101 et seq. Acts 1993, No. 1220, § 7.

(a) (1) An impaired physician or an impaired dentist may request in writing to the appropriate board for a restriction of his or her license to practice. (2) The board may grant such a request for restriction and shall have authority to attach conditions to the licensure of the physician to practice medicine or the dentist to practice dentistry within specified limitations.

(1) An impaired physician or an impaired dentist may request in writing to the appropriate board for a restriction of his or her license to practice.

(2) The board may grant such a request for restriction and shall have authority to attach conditions to the licensure of the physician to practice medicine or the dentist to practice dentistry within specified limitations.

(b) Removal of a voluntary restriction on licensure to practice medicine or dentistry shall be subject to the procedure for reinstatement of licensure pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the Arkansas Dental Practice Act, § 17-82-101 et seq.

Acts 1993, No. 1220, § 7.
Ark. Code Ann. § 17-104-204 — AR Code / Title 17 / Chapter 104 / Subchapter 2 / Section 17-104-204
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017. Acts 1999, No. 888, § 6.

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017.

Acts 1999, No. 888, § 6.
Ark. Code Ann. § 17-29-209 — AR Code / Title 17 / Chapter 29 / Subchapter 2 / Section 17-29-209
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 5, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 12, eff. 7/22/2015. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.

Repealed by Act 2017, No. 788,§ 5, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 12, eff. 7/22/2015.

Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.
Ark. Code Ann. § 17-92-705 — AR Code / Title 17 / Chapter 92 / Subchapter 7 / Section 17-92-705
Notification of procedures, rights, and responsibilities - Failure to comply
Status: in_force

(a) The Arkansas State Board of Pharmacy shall inform each pharmacist referred to the program by board action of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program, and of the possible consequences of noncompliance with the program. (b) The board shall be informed of the failure of a pharmacist to comply with any treatment provision of a program if the committee determines that the resumption of the practice of pharmacy would pose a threat to the health and safety of the public. (c) Participation in a program under this section shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this section shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program pursuant to this section. (d) The board shall be informed when pharmacists who enter the program resume professional practice. Acts 1991, No. 741, § 4.

(a) The Arkansas State Board of Pharmacy shall inform each pharmacist referred to the program by board action of the procedures followed in the program, of the rights and responsibilities of the pharmacist in the program, and of the possible consequences of noncompliance with the program.

(b) The board shall be informed of the failure of a pharmacist to comply with any treatment provision of a program if the committee determines that the resumption of the practice of pharmacy would pose a threat to the health and safety of the public.

(c) Participation in a program under this section shall not be a defense to any disciplinary action which may be taken by the board. Further, no provision of this section shall preclude the board from commencing disciplinary action against a licensee who is terminated from a program pursuant to this section.

(d) The board shall be informed when pharmacists who enter the program resume professional practice.

Acts 1991, No. 741, § 4.
Ark. Code Ann. § 17-26-605 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-605
No criminal liability
Status: in_force

This subchapter does not create any liability, criminal or otherwise, for a person under eighteen (18) years of age for undergoing body art. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021. This section was enacted as §17-6-605, but has been codified as §17-26-605 to reflect the apparent intent of the legislature.

This subchapter does not create any liability, criminal or otherwise, for a person under eighteen (18) years of age for undergoing body art.

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

This section was enacted as §17-6-605, but has been codified as §17-26-605 to reflect the apparent intent of the legislature.
Ark. Code Ann. § 17-16-101 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-101
Short title
Status: in_force

This subchapter may be cited as the Uniform Athlete Agents Act. Acts 2001, No. 1622, § 1.

This subchapter may be cited as the Uniform Athlete Agents Act.

Acts 2001, No. 1622, § 1.
Ark. Code Ann. § 17-85-106 — AR Code / Title 17 / Chapter 85 / Section 17-85-106
Penalty - Injunctions
Status: in_force

(a) Anyone unlawfully practicing lay midwifery without a license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than one (1) week nor more than six (6) months, or by fine and imprisonment. (b) (1) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of midwifery in a proceeding by the State Board of Health or any member thereof, or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. (2) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but remedy of the injunction shall be in addition to liability to criminal prosecution. Acts 1987, No. 481, § 5.

(a) Anyone unlawfully practicing lay midwifery without a license shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for a period of not less than one (1) week nor more than six (6) months, or by fine and imprisonment.

(b) (1) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of midwifery in a proceeding by the State Board of Health or any member thereof, or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. (2) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but remedy of the injunction shall be in addition to liability to criminal prosecution.

(1) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of midwifery in a proceeding by the State Board of Health or any member thereof, or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County.

(2) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but remedy of the injunction shall be in addition to liability to criminal prosecution.

Acts 1987, No. 481, § 5.
Ark. Code Ann. § 17-39-108 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1216,§ 8, eff. 8/16/2013. Acts 1967, No. 413, § 20; A.S.A. 1947, § 71-2219.

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

Acts 1967, No. 413, § 20; A.S.A. 1947, § 71-2219.
Ark. Code Ann. § 17-24-509 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-509
Multiple debts
Status: in_force

If a consumer owes multiple debts and makes a single payment to a debt collector with respect to the debts, the debt collector may not apply the payment to a debt that is disputed by the consumer and, if applicable, shall apply the payment in accordance with the consumer's directions. Acts 2009, No. 1455, § 1.

If a consumer owes multiple debts and makes a single payment to a debt collector with respect to the debts, the debt collector may not apply the payment to a debt that is disputed by the consumer and, if applicable, shall apply the payment in accordance with the consumer's directions.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-26-502 — AR Code / Title 17 / Chapter 26 / Subchapter 5 / Section 17-26-502
Legislative findings
Status: in_force

The General Assembly finds that: (1) Natural hair braiding is a traditional practice that is safe; (2) Natural hair braiding presents no significant health and safety risks to customers or practitioners; (3) Occupational regulation harms consumers by limiting their choices or by forcing consumers to forgo braiding services or enter the underground economy; (4) Occupational regulation and occupational licenses cause unnecessary difficulties for natural hair braiders to earn an honest living through their practice, to provide for themselves and their families, to offer their services to and compete for customers, and to create new employment and business opportunities through their entrepreneurialism; and (5) It is the public policy of this state to protect economic liberty. Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.

The General Assembly finds that:

(1) Natural hair braiding is a traditional practice that is safe;

(2) Natural hair braiding presents no significant health and safety risks to customers or practitioners;

(3) Occupational regulation harms consumers by limiting their choices or by forcing consumers to forgo braiding services or enter the underground economy;

(4) Occupational regulation and occupational licenses cause unnecessary difficulties for natural hair braiders to earn an honest living through their practice, to provide for themselves and their families, to offer their services to and compete for customers, and to create new employment and business opportunities through their entrepreneurialism; and

(5) It is the public policy of this state to protect economic liberty.

Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-26-411 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-411
Instructors - Duties - Number
Status: in_force

(a) All instructors shall be continuously engaged in teaching students in theoretical or practical work. Except when instructing a student, an instructor may not practice upon a client, and any instructor who does so is subject to disciplinary action by the Cosmetology Technical Advisory Committee. (b) The State Board of Health shall promulgate reasonable rules concerning the number of instructors necessary to properly conduct a school of cosmetology. Acts 1955, No. 358, Art. 8, § 4; A.S.A. 1947, § 71-855; Acts 2007, No. 223, § 40; 2009, No. 4, § 21.

(a) All instructors shall be continuously engaged in teaching students in theoretical or practical work. Except when instructing a student, an instructor may not practice upon a client, and any instructor who does so is subject to disciplinary action by the Cosmetology Technical Advisory Committee.

(b) The State Board of Health shall promulgate reasonable rules concerning the number of instructors necessary to properly conduct a school of cosmetology.

Acts 1955, No. 358, Art. 8, § 4; A.S.A. 1947, § 71-855; Acts 2007, No. 223, § 40; 2009, No. 4, § 21.
Ark. Code Ann. § 17-98-307 — AR Code / Title 17 / Chapter 98 / Subchapter 3 / Section 17-98-307
Hearing and notice
Status: in_force

(a) (1) Before the State Board of Health may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board, and, at least twenty (20) calendar days before the date set for hearing, it shall give written notice to the accused of the charges made and the date and place of the hearing. (2) Service of the notice may be made by personal service or by sending it by registered mail to the last known business address of the accused. (3) The accused shall have the opportunity to be heard in person and by counsel. (4) A stenographic record of the hearing shall be kept, and a transcript thereof filed with the board. (b) The order of the board shall be issued within thirty (30) days after the termination of the hearing. (c) Notice of the order of the board shall be given to the accused, either by personal service or by registered mail sent to the last known business address of the accused, within ten (10) calendar days after the order is issued. Amended by Act 2023, No. 365,§ 55, eff. 7/1/2023. Acts 1993, No. 107, § 16.

(a) (1) Before the State Board of Health may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board, and, at least twenty (20) calendar days before the date set for hearing, it shall give written notice to the accused of the charges made and the date and place of the hearing. (2) Service of the notice may be made by personal service or by sending it by registered mail to the last known business address of the accused. (3) The accused shall have the opportunity to be heard in person and by counsel. (4) A stenographic record of the hearing shall be kept, and a transcript thereof filed with the board.

(1) Before the State Board of Health may suspend, revoke, or refuse to renew a certificate of registration, it shall set the matter for a hearing before the board, and, at least twenty (20) calendar days before the date set for hearing, it shall give written notice to the accused of the charges made and the date and place of the hearing.

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

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

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

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

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

Amended by Act 2023, No. 365,§ 55, eff. 7/1/2023.

Acts 1993, No. 107, § 16.
Ark. Code Ann. § 17-95-701 — AR Code / Title 17 / Chapter 95 / Subchapter 7 / Section 17-95-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Chronic Intractable Pain Treatment Act". Acts 2003, No. 1405, § 1.

This subchapter shall be known and may be cited as the "Chronic Intractable Pain Treatment Act".

Acts 2003, No. 1405, § 1.
Ark. Code Ann. § 17-35-602 — AR Code / Title 17 / Chapter 35 / Subchapter 6 / Section 17-35-602
Purpose
Status: in_force

The purpose of this subchapter, §§ 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 is to register and regulate persons known as registered residential interior designers, in the public interest, and to prohibit the use of the title of "registered residential interior designer" by persons who are not registered. Acts 1993, No. 959, § 2.

The purpose of this subchapter, §§ 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 is to register and regulate persons known as registered residential interior designers, in the public interest, and to prohibit the use of the title of "registered residential interior designer" by persons who are not registered.

Acts 1993, No. 959, § 2.
Ark. Code Ann. § 17-98-106 — AR Code / Title 17 / Chapter 98 / Subchapter 1 / Section 17-98-106
Disclosure of information
Status: in_force

No registered disease intervention specialist or certified disease intervention specialist, disease intervention specialist-in-training, or his or her secretary, stenographer, or clerk, may disclose any information he or she may have acquired from persons consulting him or her in his or her professional capacity to any person except with the written consent of the person or persons whose history is to be disclosed. Acts 1993, No. 107, § 5.

No registered disease intervention specialist or certified disease intervention specialist, disease intervention specialist-in-training, or his or her secretary, stenographer, or clerk, may disclose any information he or she may have acquired from persons consulting him or her in his or her professional capacity to any person except with the written consent of the person or persons whose history is to be disclosed.

Acts 1993, No. 107, § 5.
Ark. Code Ann. § 17-26-319 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-319
Expiration, renewal, and reinstatement
Status: in_force

(a) Licenses of cosmetologists, instructors, electrologists, aestheticians, and manicurists shall expire on the licensee's birthday on a biennial basis. (b) Licenses of schools and establishments shall expire in one (1) of the following ways at the choice of the school or establishment owner: (1) Annually on December 31; (2) Biennially on December 31; or (3) Biennially on the owner's birthday in conjunction with the individual license. (c) Application for license renewals shall be filed and the fee paid not later than thirty (30) days following the expiration date established in subsection (a) of this section. (d) A licensee whose license has lapsed for failure to renew and who is or was under the direct supervision of a physician for an extended or long-term condition may request from the Department of Health a waiver of the reinstatement fee. (e) After five (5) years from the date of its expiration, a license may be reinstated upon the filing of an application as the department may prescribe, the payment of the examination fee, and the passing of the examination required by the department. (f) The department is authorized and directed to renew, upon application and the payment of the necessary fees, the license of a cosmetologist, manicurist, aesthetician, instructor, or electrologist who is also a veteran of war who possessed the license but permitted it to lapse. The renewal license shall be issued without the applicant's being required to submit to any examination or to meet any additional schooling requirements. (g) (1) A licensee who is fifty-five (55) years of age or older and has been actively engaged in the practice or teaching of cosmetology for twenty (20) or more years may apply for a lifetime license. (2) The fee for a lifetime license shall be established by rule of the department. (3) The receipt of a lifetime license shall not exempt a licensee from: (A) Complying with any applicable law or rule; and (B) Receiving a penalty for failing to comply with an applicable law or rule. Amended by Act 2023, No. 583,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 386,§ 16, eff. 7/24/2019. Acts 1955, No. 358, Art. 12, §§ 1, 2; 1963, No. 502, § 1; 1965, No. 403, § 9; 1985, No. 215, § 15; A.S.A. 1947, §§ 71-875, 71-876, 71-883; Acts 1987, No. 465, §§ 2, 3; 2007, No. 223, § 28; 2009, No. 4, § 11.

(a) Licenses of cosmetologists, instructors, electrologists, aestheticians, and manicurists shall expire on the licensee's birthday on a biennial basis.

(b) Licenses of schools and establishments shall expire in one (1) of the following ways at the choice of the school or establishment owner: (1) Annually on December 31; (2) Biennially on December 31; or (3) Biennially on the owner's birthday in conjunction with the individual license.

(1) Annually on December 31;

(2) Biennially on December 31; or

(3) Biennially on the owner's birthday in conjunction with the individual license.

(c) Application for license renewals shall be filed and the fee paid not later than thirty (30) days following the expiration date established in subsection (a) of this section.

(d) A licensee whose license has lapsed for failure to renew and who is or was under the direct supervision of a physician for an extended or long-term condition may request from the Department of Health a waiver of the reinstatement fee.

(e) After five (5) years from the date of its expiration, a license may be reinstated upon the filing of an application as the department may prescribe, the payment of the examination fee, and the passing of the examination required by the department.

(f) The department is authorized and directed to renew, upon application and the payment of the necessary fees, the license of a cosmetologist, manicurist, aesthetician, instructor, or electrologist who is also a veteran of war who possessed the license but permitted it to lapse. The renewal license shall be issued without the applicant's being required to submit to any examination or to meet any additional schooling requirements.

(g) (1) A licensee who is fifty-five (55) years of age or older and has been actively engaged in the practice or teaching of cosmetology for twenty (20) or more years may apply for a lifetime license. (2) The fee for a lifetime license shall be established by rule of the department. (3) The receipt of a lifetime license shall not exempt a licensee from: (A) Complying with any applicable law or rule; and (B) Receiving a penalty for failing to comply with an applicable law or rule.

(1) A licensee who is fifty-five (55) years of age or older and has been actively engaged in the practice or teaching of cosmetology for twenty (20) or more years may apply for a lifetime license.

(2) The fee for a lifetime license shall be established by rule of the department.

(3) The receipt of a lifetime license shall not exempt a licensee from: (A) Complying with any applicable law or rule; and (B) Receiving a penalty for failing to comply with an applicable law or rule.

(A) Complying with any applicable law or rule; and

(B) Receiving a penalty for failing to comply with an applicable law or rule.

Amended by Act 2023, No. 583,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 386,§ 16, eff. 7/24/2019.

Acts 1955, No. 358, Art. 12, §§ 1, 2; 1963, No. 502, § 1; 1965, No. 403, § 9; 1985, No. 215, § 15; A.S.A. 1947, §§ 71-875, 71-876, 71-883; Acts 1987, No. 465, §§ 2, 3; 2007, No. 223, § 28; 2009, No. 4, § 11.
Ark. Code Ann. § 17-29-301 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-301
Embalmers - Qualifications
Status: in_force

(a) A person who desires to practice the science of embalming in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) Be a graduate of a school of mortuary science that is accredited by the American Board of Funeral Service Education or approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (4) Make a written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services attaching the fee as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (5) Have served as a registered apprentice embalmer for not less than twelve (12) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed embalmer and submit at least fifty (50) case reports to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (6) Take and pass both parts of the National Board Examination, if required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (7) (A) Take and pass an examination approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services that covers: (i) Arkansas law; and (ii) Rules deemed necessary by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) To be eligible to take the examination under subdivision (a)(7)(A) of this section, an applicant shall be an active apprentice who is currently registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; and (8) (A) Undergo and pass a criminal background check conducted by the Department of Arkansas State Police. (B) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may charge and collect a processing fee in an amount necessary to recover the cost imposed by the department for the criminal background check under subdivision (a)(8)(A) of this section. (b) (1) A person desiring to engage in the science of embalming in this state, in addition to graduating from an approved college of mortuary science recognized by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, shall serve an apprenticeship of one (1) year in the State of Arkansas under an embalmer licensed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and shall assist in the preparation of at least fifty (50) bodies under the direct supervision of an Arkansas-licensed embalmer. (2) (A) This apprenticeship shall be registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services on applications provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services by the tenth day of the following month. (3) (A) An apprenticeship under this subsection may begin not more than twelve (12) months before enrollment in an accredited college of mortuary science or by submitting proof of graduation from an accredited college of mortuary science. (B) If an apprentice fails to enroll in an accredited college of mortuary science as required under subdivision (b)(3)(A) of this section, the apprenticeship shall be terminated for a period to be determined by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (c) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may suspend or revoke the apprenticeship of an applicant who violates a provision under this subchapter. Amended by Act 2017, No. 788,§ 6, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 15, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 14, eff. 7/22/2015. Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1997, No. 839, § 3; 1999, No. 1138, § 2; 2001, No. 792, § 1; 2003, No. 367, § 1.

(a) A person who desires to practice the science of embalming in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) Be a graduate of a school of mortuary science that is accredited by the American Board of Funeral Service Education or approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (4) Make a written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services attaching the fee as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (5) Have served as a registered apprentice embalmer for not less than twelve (12) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed embalmer and submit at least fifty (50) case reports to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (6) Take and pass both parts of the National Board Examination, if required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (7) (A) Take and pass an examination approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services that covers: (i) Arkansas law; and (ii) Rules deemed necessary by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) To be eligible to take the examination under subdivision (a)(7)(A) of this section, an applicant shall be an active apprentice who is currently registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; and (8) (A) Undergo and pass a criminal background check conducted by the Department of Arkansas State Police. (B) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may charge and collect a processing fee in an amount necessary to recover the cost imposed by the department for the criminal background check under subdivision (a)(8)(A) of this section.

(1) Be at least eighteen (18) years of age;

(2) Be a graduate of an accredited high school or the equivalent thereof;

(3) Be a graduate of a school of mortuary science that is accredited by the American Board of Funeral Service Education or approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;

(4) Make a written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services attaching the fee as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;

(5) Have served as a registered apprentice embalmer for not less than twelve (12) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed embalmer and submit at least fifty (50) case reports to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;

(6) Take and pass both parts of the National Board Examination, if required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;

(7) (A) Take and pass an examination approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services that covers: (i) Arkansas law; and (ii) Rules deemed necessary by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) To be eligible to take the examination under subdivision (a)(7)(A) of this section, an applicant shall be an active apprentice who is currently registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; and

(A) Take and pass an examination approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services that covers: (i) Arkansas law; and (ii) Rules deemed necessary by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(i) Arkansas law; and

(ii) Rules deemed necessary by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(B) To be eligible to take the examination under subdivision (a)(7)(A) of this section, an applicant shall be an active apprentice who is currently registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; and

(8) (A) Undergo and pass a criminal background check conducted by the Department of Arkansas State Police. (B) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may charge and collect a processing fee in an amount necessary to recover the cost imposed by the department for the criminal background check under subdivision (a)(8)(A) of this section.

(A) Undergo and pass a criminal background check conducted by the Department of Arkansas State Police.

(B) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may charge and collect a processing fee in an amount necessary to recover the cost imposed by the department for the criminal background check under subdivision (a)(8)(A) of this section.

(b) (1) A person desiring to engage in the science of embalming in this state, in addition to graduating from an approved college of mortuary science recognized by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, shall serve an apprenticeship of one (1) year in the State of Arkansas under an embalmer licensed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and shall assist in the preparation of at least fifty (50) bodies under the direct supervision of an Arkansas-licensed embalmer. (2) (A) This apprenticeship shall be registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services on applications provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services by the tenth day of the following month. (3) (A) An apprenticeship under this subsection may begin not more than twelve (12) months before enrollment in an accredited college of mortuary science or by submitting proof of graduation from an accredited college of mortuary science. (B) If an apprentice fails to enroll in an accredited college of mortuary science as required under subdivision (b)(3)(A) of this section, the apprenticeship shall be terminated for a period to be determined by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(1) A person desiring to engage in the science of embalming in this state, in addition to graduating from an approved college of mortuary science recognized by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, shall serve an apprenticeship of one (1) year in the State of Arkansas under an embalmer licensed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and shall assist in the preparation of at least fifty (50) bodies under the direct supervision of an Arkansas-licensed embalmer.

(2) (A) This apprenticeship shall be registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services on applications provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services by the tenth day of the following month.

(A) This apprenticeship shall be registered with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services on applications provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(B) Individual case reports shall be signed by both the apprentice and the licensed embalmer under whose supervision the work was done and filed with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services by the tenth day of the following month.

(3) (A) An apprenticeship under this subsection may begin not more than twelve (12) months before enrollment in an accredited college of mortuary science or by submitting proof of graduation from an accredited college of mortuary science. (B) If an apprentice fails to enroll in an accredited college of mortuary science as required under subdivision (b)(3)(A) of this section, the apprenticeship shall be terminated for a period to be determined by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(A) An apprenticeship under this subsection may begin not more than twelve (12) months before enrollment in an accredited college of mortuary science or by submitting proof of graduation from an accredited college of mortuary science.

(B) If an apprentice fails to enroll in an accredited college of mortuary science as required under subdivision (b)(3)(A) of this section, the apprenticeship shall be terminated for a period to be determined by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(c) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may suspend or revoke the apprenticeship of an applicant who violates a provision under this subchapter.

Amended by Act 2017, No. 788,§ 6, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 15, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 14, eff. 7/22/2015.

Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1997, No. 839, § 3; 1999, No. 1138, § 2; 2001, No. 792, § 1; 2003, No. 367, § 1.
Ark. Code Ann. § 17-20-307 — AR Code / Title 17 / Chapter 20 / Subchapter 3 / Section 17-20-307
Renewal - Expiration - Restoration
Status: in_force

(a) Every registered barber or teacher manager instructor who continues in active practice or service shall annually between July 1 and September 1 renew his or her certificate of registration or shop certificate of registration by paying the required fee. (b) Every certificate of registration which has not been renewed, as herein required, in any year shall expire on September 1 in that year. (c) (1) A registered barber or teacher manager instructor whose certificate of registration has expired may have his or her certificate or shop certificate of registration restored immediately upon payment of the required restoration fee. (2) (A) Any registered barber or teacher manager instructor who fails to keep his or her registration certificate renewed for not more than three (3) years may renew his or her certificate of registration upon payment of the required restoration fee for each year of delinquency. (B) If the time elapsed is more than three (3) years, he or she must take and pass the required examination and pay the examination fee as set forth by the State Board of Barber Examiners. (d) (1) A barber who holds a current license in this state shall be issued a personal lifetime license at eighty (80) years of age upon his or her request. (2) However, the shop license of a barber under subdivision (d)(1) of this section shall be renewed yearly. Amended by Act 2017, No. 1060,§ 16, eff. 8/1/2017. Acts 1937, No. 313, § 11; Pope's Dig., § 12079; Acts 1951, No. 127, § 6; 1981, No. 698, § 2; A.S.A. 1947, § 71-511; Acts 1989, No. 388, § 9; 1995, No. 749, § 3.

(a) Every registered barber or teacher manager instructor who continues in active practice or service shall annually between July 1 and September 1 renew his or her certificate of registration or shop certificate of registration by paying the required fee.

(b) Every certificate of registration which has not been renewed, as herein required, in any year shall expire on September 1 in that year.

(c) (1) A registered barber or teacher manager instructor whose certificate of registration has expired may have his or her certificate or shop certificate of registration restored immediately upon payment of the required restoration fee. (2) (A) Any registered barber or teacher manager instructor who fails to keep his or her registration certificate renewed for not more than three (3) years may renew his or her certificate of registration upon payment of the required restoration fee for each year of delinquency. (B) If the time elapsed is more than three (3) years, he or she must take and pass the required examination and pay the examination fee as set forth by the State Board of Barber Examiners.

(1) A registered barber or teacher manager instructor whose certificate of registration has expired may have his or her certificate or shop certificate of registration restored immediately upon payment of the required restoration fee.

(2) (A) Any registered barber or teacher manager instructor who fails to keep his or her registration certificate renewed for not more than three (3) years may renew his or her certificate of registration upon payment of the required restoration fee for each year of delinquency. (B) If the time elapsed is more than three (3) years, he or she must take and pass the required examination and pay the examination fee as set forth by the State Board of Barber Examiners.

(A) Any registered barber or teacher manager instructor who fails to keep his or her registration certificate renewed for not more than three (3) years may renew his or her certificate of registration upon payment of the required restoration fee for each year of delinquency.

(B) If the time elapsed is more than three (3) years, he or she must take and pass the required examination and pay the examination fee as set forth by the State Board of Barber Examiners.

(d) (1) A barber who holds a current license in this state shall be issued a personal lifetime license at eighty (80) years of age upon his or her request. (2) However, the shop license of a barber under subdivision (d)(1) of this section shall be renewed yearly.

(1) A barber who holds a current license in this state shall be issued a personal lifetime license at eighty (80) years of age upon his or her request.

(2) However, the shop license of a barber under subdivision (d)(1) of this section shall be renewed yearly.

Amended by Act 2017, No. 1060,§ 16, eff. 8/1/2017.

Acts 1937, No. 313, § 11; Pope's Dig., § 12079; Acts 1951, No. 127, § 6; 1981, No. 698, § 2; A.S.A. 1947, § 71-511; Acts 1989, No. 388, § 9; 1995, No. 749, § 3.
Ark. Code Ann. § 17-20-203 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-203
Director of the State Board of Barber Examiners
Status: in_force

(a) (1) The Secretary of the Department of Labor and Licensing, in consultation with the State Board of Barber Examiners, may employ a Director of the State Board of Barber Examiners, who shall not be a member of the board and who shall have the responsibility of keeping: (A) A record of the board's proceedings; (B) A record of persons registered as barbers showing the name, place of business, and residence of each and the date and number of his or her certificate; (C) A record of all certificates issued, refused, renewed, suspended, or revoked; and (D) Such other records as may be directed by the board or required by law. (2) The records shall be open to public inspection at all reasonable times. (b) The director shall perform such other functions and duties as may be prescribed by law or directed by the secretary. (c) The director shall receive such compensation for his or her services as may be prescribed by the secretary within the limitations of the biennial appropriation therefor made by the General Assembly. Amended by Act 2023, No. 465,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5411, eff. 7/1/2019. Amended by Act 2017, No. 1060,§ 6, eff. 8/1/2017. Acts 1937, No. 313, §§ 16, 17; Pope's Dig., §§ 12084, 12085; Acts 1977, No. 524, § 1; A.S.A. 1947, §§ 71-516, 71-516.2, 71-517.

(a) (1) The Secretary of the Department of Labor and Licensing, in consultation with the State Board of Barber Examiners, may employ a Director of the State Board of Barber Examiners, who shall not be a member of the board and who shall have the responsibility of keeping: (A) A record of the board's proceedings; (B) A record of persons registered as barbers showing the name, place of business, and residence of each and the date and number of his or her certificate; (C) A record of all certificates issued, refused, renewed, suspended, or revoked; and (D) Such other records as may be directed by the board or required by law. (2) The records shall be open to public inspection at all reasonable times.

(1) The Secretary of the Department of Labor and Licensing, in consultation with the State Board of Barber Examiners, may employ a Director of the State Board of Barber Examiners, who shall not be a member of the board and who shall have the responsibility of keeping: (A) A record of the board's proceedings; (B) A record of persons registered as barbers showing the name, place of business, and residence of each and the date and number of his or her certificate; (C) A record of all certificates issued, refused, renewed, suspended, or revoked; and (D) Such other records as may be directed by the board or required by law.

(A) A record of the board's proceedings;

(B) A record of persons registered as barbers showing the name, place of business, and residence of each and the date and number of his or her certificate;

(C) A record of all certificates issued, refused, renewed, suspended, or revoked; and

(D) Such other records as may be directed by the board or required by law.

(2) The records shall be open to public inspection at all reasonable times.

(b) The director shall perform such other functions and duties as may be prescribed by law or directed by the secretary.

(c) The director shall receive such compensation for his or her services as may be prescribed by the secretary within the limitations of the biennial appropriation therefor made by the General Assembly.

Amended by Act 2023, No. 465,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5411, eff. 7/1/2019.

Amended by Act 2017, No. 1060,§ 6, eff. 8/1/2017.

Acts 1937, No. 313, §§ 16, 17; Pope's Dig., §§ 12084, 12085; Acts 1977, No. 524, § 1; A.S.A. 1947, §§ 71-516, 71-516.2, 71-517.
Ark. Code Ann. § 17-89-405 — AR Code / Title 17 / Chapter 89 / Subchapter 4 / Section 17-89-405
Fraudulent, misleading, or deceptive advertising prohibited
Status: in_force

It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed to be fraudulent, misleading, or deceptive advertising: (1) The use in any advertisement, whether by newspaper, magazine, circular, sign, billboard, radio, television, or any other printed, oral, or visual form of advertising, of a picture, drawing, or other illustration or format which conveys the impression or belief that the ophthalmic dispenser or dispensing optician firm provides eye examinations or is qualified to give complete eye care service, which may include eye examinations and the issuance of prescriptions for spectacles; (2) (A) The use of words or a format designed to convey or which results in conveying an impression that the ophthalmic dispensing firm or the dispensing optician is qualified to provide eye care service other than the services that are authorized by the laws of this state and rules promulgated pursuant thereto for ophthalmic dispensing in this state. (B) For the purposes of this subsection, the use of the words "eye care", "professional eye care", or the use of such words as "providing experienced professionals trained to meet your eye care needs" and similar words or expressions in the advertisement shall be interpreted as being fraudulent, misleading, and deceptive, since these terms are normally accepted and understood to represent services that can be performed only by a licensed optometrist or a licensed physician; (3) Failure to include in the advertisement the disclaimer provision required in § 17-89-406(a) ; and (4) The use of any other advertising method which conveys a misleading or deceptive interpretation of the services that may be provided by a dispensing optician or by an ophthalmic dispensing firm in this state, within the limitations provided by law. Amended by Act 2019, No. 315,§ 1553, eff. 7/24/2019. Acts 1985, No. 418, § 2; A.S.A. 1947, § 72-2125.

It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed to be fraudulent, misleading, or deceptive advertising:

(1) The use in any advertisement, whether by newspaper, magazine, circular, sign, billboard, radio, television, or any other printed, oral, or visual form of advertising, of a picture, drawing, or other illustration or format which conveys the impression or belief that the ophthalmic dispenser or dispensing optician firm provides eye examinations or is qualified to give complete eye care service, which may include eye examinations and the issuance of prescriptions for spectacles;

(2) (A) The use of words or a format designed to convey or which results in conveying an impression that the ophthalmic dispensing firm or the dispensing optician is qualified to provide eye care service other than the services that are authorized by the laws of this state and rules promulgated pursuant thereto for ophthalmic dispensing in this state. (B) For the purposes of this subsection, the use of the words "eye care", "professional eye care", or the use of such words as "providing experienced professionals trained to meet your eye care needs" and similar words or expressions in the advertisement shall be interpreted as being fraudulent, misleading, and deceptive, since these terms are normally accepted and understood to represent services that can be performed only by a licensed optometrist or a licensed physician;

(A) The use of words or a format designed to convey or which results in conveying an impression that the ophthalmic dispensing firm or the dispensing optician is qualified to provide eye care service other than the services that are authorized by the laws of this state and rules promulgated pursuant thereto for ophthalmic dispensing in this state.

(B) For the purposes of this subsection, the use of the words "eye care", "professional eye care", or the use of such words as "providing experienced professionals trained to meet your eye care needs" and similar words or expressions in the advertisement shall be interpreted as being fraudulent, misleading, and deceptive, since these terms are normally accepted and understood to represent services that can be performed only by a licensed optometrist or a licensed physician;

(3) Failure to include in the advertisement the disclaimer provision required in § 17-89-406(a) ; and

(4) The use of any other advertising method which conveys a misleading or deceptive interpretation of the services that may be provided by a dispensing optician or by an ophthalmic dispensing firm in this state, within the limitations provided by law.

Amended by Act 2019, No. 315,§ 1553, eff. 7/24/2019.

Acts 1985, No. 418, § 2; A.S.A. 1947, § 72-2125.
Ark. Code Ann. § 17-48-204 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-204
Expiration and renewal - Inactive status - Reinstatement
Status: in_force

(a) All certificates shall be renewed annually or biennially at the discretion of the State Board of Licensure for Professional Engineers and Professional Surveyors. (b) Certificates of licensure for professional surveyors and surveyor interns shall be renewed by the board to persons who are holders of certificates issued under this chapter who have furnished evidence satisfactory to the board of compliance with the requirements of § 17-48-206(b) . (c) (1) (A) Notwithstanding subsection (b) of this section, a professional surveyor or surveyor intern licensed under this chapter who is not engaged in the practice of land surveying may request in writing that the board place his or her name on the board's inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a certificate of licensure under subsection (b) of this section at such later time as he or she may wish to become engaged in the practice of land surveying. (B) Inactive status shall continue as long as the licensee pays the annual fee under the board's rules. (2) A professional surveyor whose license is inactive may return to active status by: (A) Notifying the board in advance of his or her intention to return to active status; (B) Paying the appropriate fees; and (C) Meeting all requirements of the board, including demonstration of continuing professional competency. (d) A professional surveyor or surveyor intern whose certificate of licensure is not renewed may have it reinstated by meeting the requirements of the board, depending on the time of nonrenewal under the rules of the board. The requirements the board may consider are: (1) Payment of fees and penalties; (2) Demonstration of continuing professional competency; and (3) Reexamination. Acts 1967, No. 101, § 7; 1977, No. 807, § 4; A.S.A. 1947, § 71-2306; Acts 1987, No. 1070, § 1; 1997, No. 1297, § 2; 2001, No. 591, § 4; 2005, No. 1178, § 13; 2009, No. 444, § 7; 2011, No. 898, § 3.

(a) All certificates shall be renewed annually or biennially at the discretion of the State Board of Licensure for Professional Engineers and Professional Surveyors.

(b) Certificates of licensure for professional surveyors and surveyor interns shall be renewed by the board to persons who are holders of certificates issued under this chapter who have furnished evidence satisfactory to the board of compliance with the requirements of § 17-48-206(b) .

(c) (1) (A) Notwithstanding subsection (b) of this section, a professional surveyor or surveyor intern licensed under this chapter who is not engaged in the practice of land surveying may request in writing that the board place his or her name on the board's inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a certificate of licensure under subsection (b) of this section at such later time as he or she may wish to become engaged in the practice of land surveying. (B) Inactive status shall continue as long as the licensee pays the annual fee under the board's rules. (2) A professional surveyor whose license is inactive may return to active status by: (A) Notifying the board in advance of his or her intention to return to active status; (B) Paying the appropriate fees; and (C) Meeting all requirements of the board, including demonstration of continuing professional competency.

(1) (A) Notwithstanding subsection (b) of this section, a professional surveyor or surveyor intern licensed under this chapter who is not engaged in the practice of land surveying may request in writing that the board place his or her name on the board's inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a certificate of licensure under subsection (b) of this section at such later time as he or she may wish to become engaged in the practice of land surveying. (B) Inactive status shall continue as long as the licensee pays the annual fee under the board's rules.

(A) Notwithstanding subsection (b) of this section, a professional surveyor or surveyor intern licensed under this chapter who is not engaged in the practice of land surveying may request in writing that the board place his or her name on the board's inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a certificate of licensure under subsection (b) of this section at such later time as he or she may wish to become engaged in the practice of land surveying.

(B) Inactive status shall continue as long as the licensee pays the annual fee under the board's rules.

(2) A professional surveyor whose license is inactive may return to active status by: (A) Notifying the board in advance of his or her intention to return to active status; (B) Paying the appropriate fees; and (C) Meeting all requirements of the board, including demonstration of continuing professional competency.

(A) Notifying the board in advance of his or her intention to return to active status;

(B) Paying the appropriate fees; and

(C) Meeting all requirements of the board, including demonstration of continuing professional competency.

(d) A professional surveyor or surveyor intern whose certificate of licensure is not renewed may have it reinstated by meeting the requirements of the board, depending on the time of nonrenewal under the rules of the board. The requirements the board may consider are: (1) Payment of fees and penalties; (2) Demonstration of continuing professional competency; and (3) Reexamination.

(1) Payment of fees and penalties;

(2) Demonstration of continuing professional competency; and

(3) Reexamination.

Acts 1967, No. 101, § 7; 1977, No. 807, § 4; A.S.A. 1947, § 71-2306; Acts 1987, No. 1070, § 1; 1997, No. 1297, § 2; 2001, No. 591, § 4; 2005, No. 1178, § 13; 2009, No. 444, § 7; 2011, No. 898, § 3.
Ark. Code Ann. § 17-85-108 — AR Code / Title 17 / Chapter 85 / Section 17-85-108
Certificates of birth
Status: in_force

(a) When a birth occurs without a physician in attendance at or immediately after the birth but with a licensed midwife in attendance at or immediately after the birth, it shall then be the responsibility of the midwife to prepare the certificate of birth required by the Vital Statistics Act, § 20-18-101 et seq. and to file the certificate of birth with the Division of Vital Records of the Department of Health in the manner and within the time prescribed by the Vital Statistics Act, § 20-18-101 et seq. (b) The failure of the midwife to prepare and file the certificate of birth shall, in addition to the penalties prescribed by § 20-18-105 , constitute grounds for the suspension or revocation of the license granted under this chapter. Acts 1987, No. 481, § 8.

(a) When a birth occurs without a physician in attendance at or immediately after the birth but with a licensed midwife in attendance at or immediately after the birth, it shall then be the responsibility of the midwife to prepare the certificate of birth required by the Vital Statistics Act, § 20-18-101 et seq. and to file the certificate of birth with the Division of Vital Records of the Department of Health in the manner and within the time prescribed by the Vital Statistics Act, § 20-18-101 et seq.

(b) The failure of the midwife to prepare and file the certificate of birth shall, in addition to the penalties prescribed by § 20-18-105 , constitute grounds for the suspension or revocation of the license granted under this chapter.

Acts 1987, No. 481, § 8.
Ark. Code Ann. § 17-40-309 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-309
License and credential - Classifications
Status: in_force

For purposes of defining the scope of licenses under this chapter, the following license classifications are established: (1) "Class A" means a license issued to an investigations company employing one (1) or more individuals; (2) "Class B" means a security services contractor license; (3) "Class C" means a license that includes the operations within a Class A license and a Class B license; (4) "Class D" means a license for a single individual operating as an investigations company with no other employees who are required to be licensed or credentialed under this chapter; (5) "Class E Restricted" means a license for an alarm systems company the work of which is limited to structures that are not required by the Arkansas Fire Prevention Code to have a fire alarm system; (6) "Class E Unrestricted" means a license for an alarm systems company that installs fire alarm systems that are required by the Arkansas Fire Prevention Code; (7) "Class E-M" means an alarm systems company license covering only monitoring; (8) "Class E-S" means a single-station alarm systems company license restricted to one-family and two-family dwellings; and (9) "Class G" means a general license for operations included within Class A, Class B, Class E Restricted, and Class E Unrestricted licenses. Amended by Act 2015, No. 393,§ 63, eff. 9/1/2015. Acts 1977, No. 429, § 16; 1981, No. 792, § 8; A.S.A. 1947, § 71-2137; Acts 1989, No. 926, § 9; 1999, No. 1493, § 8; 2001, No. 1474, § 2.

For purposes of defining the scope of licenses under this chapter, the following license classifications are established:

(1) "Class A" means a license issued to an investigations company employing one (1) or more individuals;

(2) "Class B" means a security services contractor license;

(3) "Class C" means a license that includes the operations within a Class A license and a Class B license;

(4) "Class D" means a license for a single individual operating as an investigations company with no other employees who are required to be licensed or credentialed under this chapter;

(5) "Class E Restricted" means a license for an alarm systems company the work of which is limited to structures that are not required by the Arkansas Fire Prevention Code to have a fire alarm system;

(6) "Class E Unrestricted" means a license for an alarm systems company that installs fire alarm systems that are required by the Arkansas Fire Prevention Code;

(7) "Class E-M" means an alarm systems company license covering only monitoring;

(8) "Class E-S" means a single-station alarm systems company license restricted to one-family and two-family dwellings; and

(9) "Class G" means a general license for operations included within Class A, Class B, Class E Restricted, and Class E Unrestricted licenses.

Amended by Act 2015, No. 393,§ 63, eff. 9/1/2015.

Acts 1977, No. 429, § 16; 1981, No. 792, § 8; A.S.A. 1947, § 71-2137; Acts 1989, No. 926, § 9; 1999, No. 1493, § 8; 2001, No. 1474, § 2.
Ark. Code Ann. § 17-95-404 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-404
Examinations
Status: in_force

(a) The Arkansas State Medical Board by and through its rules will approve and designate the examinations to be given to those individuals who desire a license to practice medicine in the State of Arkansas. The board will further set forth the standards by rule for successful completion of the examination for licensure. (b) Examinations for a license to practice medicine shall be held not fewer than one (1) time in each year at such times and places as may be specified by the board. (c) If in the opinion of the board the applicant possesses the necessary qualifications, the board shall issue to him or her a certificate. (d) If an applicant fails to meet the minimum grade requirements in his or her examination, he or she may be reexamined upon a filing of a new application and the payment of a required fee. Amended by Act 2019, No. 315,§ 1622, eff. 7/24/2019. Acts 1957, No. 198, § 8; A.S.A. 1947, § 72-608; Acts 1992 (1st Ex. Sess.), No. 45, § 2; 1999, No. 490, § 1; 2005, No. 495, § 2.

(a) The Arkansas State Medical Board by and through its rules will approve and designate the examinations to be given to those individuals who desire a license to practice medicine in the State of Arkansas. The board will further set forth the standards by rule for successful completion of the examination for licensure.

(b) Examinations for a license to practice medicine shall be held not fewer than one (1) time in each year at such times and places as may be specified by the board.

(c) If in the opinion of the board the applicant possesses the necessary qualifications, the board shall issue to him or her a certificate.

(d) If an applicant fails to meet the minimum grade requirements in his or her examination, he or she may be reexamined upon a filing of a new application and the payment of a required fee.

Amended by Act 2019, No. 315,§ 1622, eff. 7/24/2019.

Acts 1957, No. 198, § 8; A.S.A. 1947, § 72-608; Acts 1992 (1st Ex. Sess.), No. 45, § 2; 1999, No. 490, § 1; 2005, No. 495, § 2.
Ark. Code Ann. § 17-52-319 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-319
Standards of care
Status: in_force

(a) It is the duty of all home inspectors doing business in the state to conduct home inspections with the degree of care that a reasonably prudent home inspector would exercise. (b) All home inspections conducted for compensation in this state shall be conducted according to the standards of practice and code of ethics set forth by the State Board of Appraisers, Abstracters, and Home Inspectors. (c) If agreed, between the home inspector and his or her client, a home inspection of lesser scope and detail may be conducted. (d) Copies of all standards of practice and code of ethics set forth by the board shall be filed with the Secretary of State and made available at cost to anyone requesting the rules. (e) Nothing in this subchapter shall be construed to allow home inspectors who are not registered as professional architects or engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering. Amended by Act 2023, No. 628,§ 64, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) It is the duty of all home inspectors doing business in the state to conduct home inspections with the degree of care that a reasonably prudent home inspector would exercise.

(b) All home inspections conducted for compensation in this state shall be conducted according to the standards of practice and code of ethics set forth by the State Board of Appraisers, Abstracters, and Home Inspectors.

(c) If agreed, between the home inspector and his or her client, a home inspection of lesser scope and detail may be conducted.

(d) Copies of all standards of practice and code of ethics set forth by the board shall be filed with the Secretary of State and made available at cost to anyone requesting the rules.

(e) Nothing in this subchapter shall be construed to allow home inspectors who are not registered as professional architects or engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering.

Amended by Act 2023, No. 628,§ 64, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-83-308 — AR Code / Title 17 / Chapter 83 / Subchapter 3 / Section 17-83-308
Disciplinary proceedings
Status: in_force

(a) Hearings shall be conducted by the Arkansas Dietetics Licensing Board. (b) Decisions will be determined by a majority vote of the board. (c) All proceedings will be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1989, No. 392, § 16.

(a) Hearings shall be conducted by the Arkansas Dietetics Licensing Board.

(b) Decisions will be determined by a majority vote of the board.

(c) All proceedings will be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1989, No. 392, § 16.
Ark. Code Ann. § 17-82-207 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-207
Power to sue - Subpoena power - Seal
Status: in_force

(a) The Arkansas State Board of Dental Examiners, in its name, may sue and be sued in the courts. (b) (1) In the performance of its duties as herein provided, the board is empowered to issue subpoenas and compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the board for its action. (2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts. (3) All persons subpoenaed by the board are entitled to their fee and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts. (c) The board shall have a seal, and the impress of it shall be attached to all official documents issued by it. Acts 1955, No. 14, § 4; A.S.A. 1947, § 72-537.

(a) The Arkansas State Board of Dental Examiners, in its name, may sue and be sued in the courts.

(b) (1) In the performance of its duties as herein provided, the board is empowered to issue subpoenas and compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the board for its action. (2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts. (3) All persons subpoenaed by the board are entitled to their fee and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts.

(1) In the performance of its duties as herein provided, the board is empowered to issue subpoenas and compel the attendance of persons before it for the purpose of examining any facts or conditions properly pending before the board for its action.

(2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.

(3) All persons subpoenaed by the board are entitled to their fee and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts.

(c) The board shall have a seal, and the impress of it shall be attached to all official documents issued by it.

Acts 1955, No. 14, § 4; A.S.A. 1947, § 72-537.
Ark. Code Ann. § 17-53-207 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-207
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 11.

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017.

Acts 1997, No. 1237, § 11.
Ark. Code Ann. § 17-26-304 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-304
Prerequisites to examination for cosmetologist, manicurist, aesthetician, or instructor
Status: in_force

The Department of Health shall admit to examination for a license as a cosmetologist, manicurist, aesthetician, or instructor a person who has made application to the department in proper form, has paid the fee required, and who: (1) Is not less than sixteen (16) years of age; (2) Has completed two (2) years of high school in the public schools of this state or its equivalent; and (3) Has completed one (1) of the following: (A) For a cosmetologist, training of at least one thousand two hundred (1,200) hours; (B) For a manicurist, training of at least four hundred eighty (480) hours; (C) For an aesthetician, training of at least four hundred eighty (480) hours; (D) For an instructor, training of at least four hundred eighty (480) hours; or (E) The prescribed course of study in cosmetology under the laws of another state whose licensing requirements are equal to or stricter than those in Arkansas. Amended by Act 2017, No. 972,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1011,§ 1, eff. 7/22/2015. Acts 1955, No. 358, Art. 3, § 2; 1957, No. 48, § 1; 1957, No. 337, § 1; 1961, No. 490, § 3; 1965, No. 403, § 1; 1985, No. 215, § 2; A.S.A. 1947, § 71-832; Acts 2007, No. 223, § 15; 2009, No. 4, § 5.

The Department of Health shall admit to examination for a license as a cosmetologist, manicurist, aesthetician, or instructor a person who has made application to the department in proper form, has paid the fee required, and who:

(1) Is not less than sixteen (16) years of age;

(2) Has completed two (2) years of high school in the public schools of this state or its equivalent; and

(3) Has completed one (1) of the following: (A) For a cosmetologist, training of at least one thousand two hundred (1,200) hours; (B) For a manicurist, training of at least four hundred eighty (480) hours; (C) For an aesthetician, training of at least four hundred eighty (480) hours; (D) For an instructor, training of at least four hundred eighty (480) hours; or (E) The prescribed course of study in cosmetology under the laws of another state whose licensing requirements are equal to or stricter than those in Arkansas.

(A) For a cosmetologist, training of at least one thousand two hundred (1,200) hours;

(B) For a manicurist, training of at least four hundred eighty (480) hours;

(C) For an aesthetician, training of at least four hundred eighty (480) hours;

(D) For an instructor, training of at least four hundred eighty (480) hours; or

(E) The prescribed course of study in cosmetology under the laws of another state whose licensing requirements are equal to or stricter than those in Arkansas.

Amended by Act 2017, No. 972,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1011,§ 1, eff. 7/22/2015.

Acts 1955, No. 358, Art. 3, § 2; 1957, No. 48, § 1; 1957, No. 337, § 1; 1961, No. 490, § 3; 1965, No. 403, § 1; 1985, No. 215, § 2; A.S.A. 1947, § 71-832; Acts 2007, No. 223, § 15; 2009, No. 4, § 5.
Ark. Code Ann. § 17-27-102 — AR Code / Title 17 / Chapter 27 / Subchapter 1 / Section 17-27-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Counseling services" means those acts and behaviors coming within the practice of counseling, as defined in this section; (2) "Counselor educator" means a person who: (A) Possesses an advanced degree in counseling, psychology, or a closely related field; and (B) Is employed in a teaching position at least part-time at an Arkansas institution of higher education or is retired from employment in a teaching position with an Arkansas institution of higher education; (3) "Licensed associate counselor" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate counselor"; (B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in counseling; and (C) Holds a current, valid license to practice counseling under the supervision of a licensed professional counselor. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ; (4) "Licensed associate marriage and family therapist" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate marriage and family therapist"; (B) Offers to render marriage and family therapy services to individuals, couples, and families, singularly or in groups, for monetary remuneration; and (C) Holds a current, valid license to practice marriage and family therapy services under the supervision of a licensed marriage and family therapist. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ; (5) "Licensed marriage and family therapist" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed marriage and family therapist"; (B) Offers to render marriage and family therapy services to individuals, groups, couples, families, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in marriage and family therapy; and (C) Holds a current, valid license to practice marriage and family therapy, with the exception of those professions listed in § 17-27-103 ; (6) "Licensed professional counselor" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed professional counselor"; (B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise, implying that he or she is licensed, trained, experienced, or expert in counseling; and (C) Holds a current, valid license to practice counseling, with the exception of those professions listed in § 17-27-103 ; (7) (A) "Marriage and family therapy" means the use of scientific and applied marriage and family theories, methods, and procedures for the purpose of describing, evaluating, and modifying marital, family, and individual behavior within the context of marital and family systems, including the context of marital formation and dissolution. (B) Marriage and family therapy is based on systems, theories, marriage and family development, normal and dysfunctional behavior, human sexuality, and psychotherapeutic, marital, and family therapy theories and techniques and includes the use of marriage and family therapy theories and techniques in the evaluation, assessment, and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems. (C) Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions. (D) Nothing in this definition or in this chapter shall be construed as precluding licensed professional counselors or licensed associate counselors from rendering these services; and (8) "Practice of counseling" means rendering or offering to render to individuals, groups, organizations, or the general public any service involving the application of principles, methods, or procedures of the counseling profession which include, but are not restricted to: (A) "Counseling", which means assisting an individual or groups, through the counseling relationship, to develop understandings of personal problems, to define goals, and to plan action reflecting his or her interests, abilities, aptitudes, and needs as these are related to personal social concerns, educational progress, and occupations and careers; (B) "Appraisal activities", which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics but shall not include the use of projective techniques in the assessment of personality; (C) "Consulting", which means interpreting or reporting scientific fact or theory to provide assistance in solving current or potential problems of individuals, groups, or organizations; (D) "Referral activities", which means the evaluating of data to identify problems and to determine the advisability of referral to other specialists; and (E) "Research activities", which means reporting, designing, conducting, or consulting on research in counseling with human subjects. Amended by Act 2019, No. 386,§ 17, eff. 7/24/2019. Amended by Act 2017, No. 540,§ 19, eff. 8/1/2017. Acts 1979, No. 593, § 3; A.S.A. 1947, § 71-5203; Acts 1997, No. 244, § 1.

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

(1) "Counseling services" means those acts and behaviors coming within the practice of counseling, as defined in this section;

(2) "Counselor educator" means a person who: (A) Possesses an advanced degree in counseling, psychology, or a closely related field; and (B) Is employed in a teaching position at least part-time at an Arkansas institution of higher education or is retired from employment in a teaching position with an Arkansas institution of higher education;

(A) Possesses an advanced degree in counseling, psychology, or a closely related field; and

(B) Is employed in a teaching position at least part-time at an Arkansas institution of higher education or is retired from employment in a teaching position with an Arkansas institution of higher education;

(3) "Licensed associate counselor" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate counselor"; (B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in counseling; and (C) Holds a current, valid license to practice counseling under the supervision of a licensed professional counselor. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ;

(A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate counselor";

(B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in counseling; and

(C) Holds a current, valid license to practice counseling under the supervision of a licensed professional counselor. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ;

(4) "Licensed associate marriage and family therapist" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate marriage and family therapist"; (B) Offers to render marriage and family therapy services to individuals, couples, and families, singularly or in groups, for monetary remuneration; and (C) Holds a current, valid license to practice marriage and family therapy services under the supervision of a licensed marriage and family therapist. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ;

(A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed associate marriage and family therapist";

(B) Offers to render marriage and family therapy services to individuals, couples, and families, singularly or in groups, for monetary remuneration; and

(C) Holds a current, valid license to practice marriage and family therapy services under the supervision of a licensed marriage and family therapist. Nothing in this definition shall be construed to include those professions excluded by § 17-27-103 ;

(5) "Licensed marriage and family therapist" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed marriage and family therapist"; (B) Offers to render marriage and family therapy services to individuals, groups, couples, families, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in marriage and family therapy; and (C) Holds a current, valid license to practice marriage and family therapy, with the exception of those professions listed in § 17-27-103 ;

(A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed marriage and family therapist";

(B) Offers to render marriage and family therapy services to individuals, groups, couples, families, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise implying that he or she is licensed, trained, experienced, or expert in marriage and family therapy; and

(C) Holds a current, valid license to practice marriage and family therapy, with the exception of those professions listed in § 17-27-103 ;

(6) "Licensed professional counselor" means any person who: (A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed professional counselor"; (B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise, implying that he or she is licensed, trained, experienced, or expert in counseling; and (C) Holds a current, valid license to practice counseling, with the exception of those professions listed in § 17-27-103 ;

(A) Holds himself or herself out to the public by any title or description of services incorporating the words "licensed professional counselor";

(B) Offers to render counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for monetary remuneration or otherwise, implying that he or she is licensed, trained, experienced, or expert in counseling; and

(C) Holds a current, valid license to practice counseling, with the exception of those professions listed in § 17-27-103 ;

(7) (A) "Marriage and family therapy" means the use of scientific and applied marriage and family theories, methods, and procedures for the purpose of describing, evaluating, and modifying marital, family, and individual behavior within the context of marital and family systems, including the context of marital formation and dissolution. (B) Marriage and family therapy is based on systems, theories, marriage and family development, normal and dysfunctional behavior, human sexuality, and psychotherapeutic, marital, and family therapy theories and techniques and includes the use of marriage and family therapy theories and techniques in the evaluation, assessment, and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems. (C) Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions. (D) Nothing in this definition or in this chapter shall be construed as precluding licensed professional counselors or licensed associate counselors from rendering these services; and

(A) "Marriage and family therapy" means the use of scientific and applied marriage and family theories, methods, and procedures for the purpose of describing, evaluating, and modifying marital, family, and individual behavior within the context of marital and family systems, including the context of marital formation and dissolution.

(B) Marriage and family therapy is based on systems, theories, marriage and family development, normal and dysfunctional behavior, human sexuality, and psychotherapeutic, marital, and family therapy theories and techniques and includes the use of marriage and family therapy theories and techniques in the evaluation, assessment, and treatment of intrapersonal or interpersonal dysfunctions within the context of marriage and family systems.

(C) Marriage and family therapy may also include clinical research into more effective methods for the treatment and prevention of the above-named conditions.

(D) Nothing in this definition or in this chapter shall be construed as precluding licensed professional counselors or licensed associate counselors from rendering these services; and

(8) "Practice of counseling" means rendering or offering to render to individuals, groups, organizations, or the general public any service involving the application of principles, methods, or procedures of the counseling profession which include, but are not restricted to: (A) "Counseling", which means assisting an individual or groups, through the counseling relationship, to develop understandings of personal problems, to define goals, and to plan action reflecting his or her interests, abilities, aptitudes, and needs as these are related to personal social concerns, educational progress, and occupations and careers; (B) "Appraisal activities", which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics but shall not include the use of projective techniques in the assessment of personality; (C) "Consulting", which means interpreting or reporting scientific fact or theory to provide assistance in solving current or potential problems of individuals, groups, or organizations; (D) "Referral activities", which means the evaluating of data to identify problems and to determine the advisability of referral to other specialists; and (E) "Research activities", which means reporting, designing, conducting, or consulting on research in counseling with human subjects.

(A) "Counseling", which means assisting an individual or groups, through the counseling relationship, to develop understandings of personal problems, to define goals, and to plan action reflecting his or her interests, abilities, aptitudes, and needs as these are related to personal social concerns, educational progress, and occupations and careers;

(B) "Appraisal activities", which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics but shall not include the use of projective techniques in the assessment of personality;

(C) "Consulting", which means interpreting or reporting scientific fact or theory to provide assistance in solving current or potential problems of individuals, groups, or organizations;

(D) "Referral activities", which means the evaluating of data to identify problems and to determine the advisability of referral to other specialists; and

(E) "Research activities", which means reporting, designing, conducting, or consulting on research in counseling with human subjects.

Amended by Act 2019, No. 386,§ 17, eff. 7/24/2019.

Amended by Act 2017, No. 540,§ 19, eff. 8/1/2017.

Acts 1979, No. 593, § 3; A.S.A. 1947, § 71-5203; Acts 1997, No. 244, § 1.
Ark. Code Ann. § 17-82-307 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-307
Applications - False information
Status: in_force

A person who, in order to induce favorable action by the Arkansas State Board of Dental Examiners on any application for a license to practice dentistry or dental hygiene in the State of Arkansas, makes any statement to the board, whether orally or in writing, which is false and at the time known by the person to be false or who submits or files as his or her own any diploma or license belonging or issued to another person or who in any other manner misrepresents or conceals his or her true name or former place of residence commits a Class D felony. Acts 1955, No. 14, § 25; 1975, No. 928, § 21; A.S.A. 1947, § 72-558.

A person who, in order to induce favorable action by the Arkansas State Board of Dental Examiners on any application for a license to practice dentistry or dental hygiene in the State of Arkansas, makes any statement to the board, whether orally or in writing, which is false and at the time known by the person to be false or who submits or files as his or her own any diploma or license belonging or issued to another person or who in any other manner misrepresents or conceals his or her true name or former place of residence commits a Class D felony.

Acts 1955, No. 14, § 25; 1975, No. 928, § 21; A.S.A. 1947, § 72-558.
Ark. Code Ann. § 17-92-1003 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Deliver" means the actual, constructive, or attempted transfer from one (1) person to another of any drug whether or not an agency relationship exists; (2) "Dispense" means to deliver prescription medication to the ultimate user or research subject pursuant to the lawful order of a practitioner or pursuant to the prescription of a mid-level practitioner; (3) "Distribute" means to deliver, other than by administering or dispensing, any drug; (4) "Electronic mail" means any message transmitted through the international network of interconnected government, educational, and commercial computer networks, including without limitation messages transmitted from or to any address affiliated with an internet site; (5) "Foreign entity" means any corporation, limited liability company, or other body corporate organized under the law of any jurisdiction other than the State of Arkansas; (6) "Internet broker" means an entity that serves as an agent or intermediary or other capacity that causes the internet to be used to bring together a buyer and seller to engage in the dispensing of prescription-only drugs; (7) "Internet site" means a specific location on the international network of interconnected government, educational, and commercial computer networks that is determined by internet protocol numbers, by a domain name, or by both, including without limitation domain names that use the designations ".com", ".edu", ".gov", ".org", and ".net"; (8) "Person" means any individual, corporation, partnership, limited liability company, limited liability partnership, limited partnership, association, joint venture, or any other legal or commercial entity, whether foreign or domestic; (9) "Pharmacist" means any natural person licensed under this subchapter to practice pharmacy; (10) "Pharmacy", "drug store", or "apothecary" means premises, laboratory, area, or other place: (A) Where drugs are offered for sale, where the profession of pharmacy is practiced, and where prescriptions are compounded and dispensed; (B) Which has displayed upon it or within it the words "pharmacist", "pharmaceutical chemist", "pharmacy", "apothecary", "drugstore", "druggist", "drugs", "drug sundries", or any of these words or combination of these words; or (C) Where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited; (11) "Practitioner" means: (A) A person licensed to practice medicine and surgery, dentistry, podiatry, veterinary medicine, or optometry licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee; or (B) A scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug; (12) "Premises" means the portion of any building or structure leased, used, or controlled by the licensee in the conduct of the business registered by the Arkansas State Board of Pharmacy at the address for which the registration was issued; (13) (A) "Prescription-only drug" means any drug, whether intended for use by man or animal, required by federal or state law to be dispensed only pursuant to a written or oral prescription or order of a practitioner or that is restricted to use by practitioners only. (B) "Prescription-only drug" does not mean contact lenses; (14) (A) "Prescription order" means: (i) An order to be filled by a pharmacist for prescription medication issued and signed by a practitioner or a mid-level practitioner in the authorized course of professional practice; or (ii) An order transmitted to a pharmacist through word of mouth, note, telephone, or other means of communication directed by the practitioner or mid-level practitioner. (B) In the absence of a prior and proper patient-practitioner relationship, "prescription order" does not include an order for a prescription-only drug issued solely in response to: (i) An internet questionnaire; (ii) An internet consultation; or (iii) A telephonic consultation; and (15) "Proper practitioner-patient relationship" means that before the issuance of a prescription, a practitioner, physician, or other prescribing health professional performs a history and in-person physical examination of the patient adequate to establish a diagnosis and to identify underlying conditions or contraindications to the treatment recommended or provided unless: (A) The prescribing practitioner is consulting at the specific request of another practitioner who: (i) Maintains an ongoing relationship with the patient; (ii) Has performed an in-person physical examination of the patient; and (iii) Has agreed to supervise the patient's ongoing care and use of prescribed medications; (B) The prescribing practitioner interacts with the patient through an on-call or cross-coverage situation; or (C) The relationship is established through telemedicine pursuant to the Telemedicine Act, § 17-80-401 et seq. Amended by Act 2017, No. 252,§ 14, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 15, eff. 8/1/2017. Amended by Act 2017, No. 203,§ 3, eff. 8/1/2017. Acts 2001, No. 1411, § 3; 2007, No. 128, § 1; 2009, No. 355, § 8.

As used in this subchapter:

(1) "Deliver" means the actual, constructive, or attempted transfer from one (1) person to another of any drug whether or not an agency relationship exists;

(2) "Dispense" means to deliver prescription medication to the ultimate user or research subject pursuant to the lawful order of a practitioner or pursuant to the prescription of a mid-level practitioner;

(3) "Distribute" means to deliver, other than by administering or dispensing, any drug;

(4) "Electronic mail" means any message transmitted through the international network of interconnected government, educational, and commercial computer networks, including without limitation messages transmitted from or to any address affiliated with an internet site;

(5) "Foreign entity" means any corporation, limited liability company, or other body corporate organized under the law of any jurisdiction other than the State of Arkansas;

(6) "Internet broker" means an entity that serves as an agent or intermediary or other capacity that causes the internet to be used to bring together a buyer and seller to engage in the dispensing of prescription-only drugs;

(7) "Internet site" means a specific location on the international network of interconnected government, educational, and commercial computer networks that is determined by internet protocol numbers, by a domain name, or by both, including without limitation domain names that use the designations ".com", ".edu", ".gov", ".org", and ".net";

(8) "Person" means any individual, corporation, partnership, limited liability company, limited liability partnership, limited partnership, association, joint venture, or any other legal or commercial entity, whether foreign or domestic;

(9) "Pharmacist" means any natural person licensed under this subchapter to practice pharmacy;

(10) "Pharmacy", "drug store", or "apothecary" means premises, laboratory, area, or other place: (A) Where drugs are offered for sale, where the profession of pharmacy is practiced, and where prescriptions are compounded and dispensed; (B) Which has displayed upon it or within it the words "pharmacist", "pharmaceutical chemist", "pharmacy", "apothecary", "drugstore", "druggist", "drugs", "drug sundries", or any of these words or combination of these words; or (C) Where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited;

(A) Where drugs are offered for sale, where the profession of pharmacy is practiced, and where prescriptions are compounded and dispensed;

(B) Which has displayed upon it or within it the words "pharmacist", "pharmaceutical chemist", "pharmacy", "apothecary", "drugstore", "druggist", "drugs", "drug sundries", or any of these words or combination of these words; or

(C) Where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited;

(11) "Practitioner" means: (A) A person licensed to practice medicine and surgery, dentistry, podiatry, veterinary medicine, or optometry licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee; or (B) A scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug;

(A) A person licensed to practice medicine and surgery, dentistry, podiatry, veterinary medicine, or optometry licensed under the optometry law as a therapeutic licensee or diagnostic and therapeutic licensee; or

(B) A scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug;

(12) "Premises" means the portion of any building or structure leased, used, or controlled by the licensee in the conduct of the business registered by the Arkansas State Board of Pharmacy at the address for which the registration was issued;

(13) (A) "Prescription-only drug" means any drug, whether intended for use by man or animal, required by federal or state law to be dispensed only pursuant to a written or oral prescription or order of a practitioner or that is restricted to use by practitioners only. (B) "Prescription-only drug" does not mean contact lenses;

(A) "Prescription-only drug" means any drug, whether intended for use by man or animal, required by federal or state law to be dispensed only pursuant to a written or oral prescription or order of a practitioner or that is restricted to use by practitioners only.

(B) "Prescription-only drug" does not mean contact lenses;

(14) (A) "Prescription order" means: (i) An order to be filled by a pharmacist for prescription medication issued and signed by a practitioner or a mid-level practitioner in the authorized course of professional practice; or (ii) An order transmitted to a pharmacist through word of mouth, note, telephone, or other means of communication directed by the practitioner or mid-level practitioner. (B) In the absence of a prior and proper patient-practitioner relationship, "prescription order" does not include an order for a prescription-only drug issued solely in response to: (i) An internet questionnaire; (ii) An internet consultation; or (iii) A telephonic consultation; and

(A) "Prescription order" means: (i) An order to be filled by a pharmacist for prescription medication issued and signed by a practitioner or a mid-level practitioner in the authorized course of professional practice; or (ii) An order transmitted to a pharmacist through word of mouth, note, telephone, or other means of communication directed by the practitioner or mid-level practitioner.

(i) An order to be filled by a pharmacist for prescription medication issued and signed by a practitioner or a mid-level practitioner in the authorized course of professional practice; or

(ii) An order transmitted to a pharmacist through word of mouth, note, telephone, or other means of communication directed by the practitioner or mid-level practitioner.

(B) In the absence of a prior and proper patient-practitioner relationship, "prescription order" does not include an order for a prescription-only drug issued solely in response to: (i) An internet questionnaire; (ii) An internet consultation; or (iii) A telephonic consultation; and

(i) An internet questionnaire;

(ii) An internet consultation; or

(iii) A telephonic consultation; and

(15) "Proper practitioner-patient relationship" means that before the issuance of a prescription, a practitioner, physician, or other prescribing health professional performs a history and in-person physical examination of the patient adequate to establish a diagnosis and to identify underlying conditions or contraindications to the treatment recommended or provided unless: (A) The prescribing practitioner is consulting at the specific request of another practitioner who: (i) Maintains an ongoing relationship with the patient; (ii) Has performed an in-person physical examination of the patient; and (iii) Has agreed to supervise the patient's ongoing care and use of prescribed medications; (B) The prescribing practitioner interacts with the patient through an on-call or cross-coverage situation; or (C) The relationship is established through telemedicine pursuant to the Telemedicine Act, § 17-80-401 et seq.

(A) The prescribing practitioner is consulting at the specific request of another practitioner who: (i) Maintains an ongoing relationship with the patient; (ii) Has performed an in-person physical examination of the patient; and (iii) Has agreed to supervise the patient's ongoing care and use of prescribed medications;

(i) Maintains an ongoing relationship with the patient;

(ii) Has performed an in-person physical examination of the patient; and

(iii) Has agreed to supervise the patient's ongoing care and use of prescribed medications;

(B) The prescribing practitioner interacts with the patient through an on-call or cross-coverage situation; or

(C) The relationship is established through telemedicine pursuant to the Telemedicine Act, § 17-80-401 et seq.

Amended by Act 2017, No. 252,§ 14, eff. 8/1/2017.

Amended by Act 2017, No. 252,§ 15, eff. 8/1/2017.

Amended by Act 2017, No. 203,§ 3, eff. 8/1/2017.

Acts 2001, No. 1411, § 3; 2007, No. 128, § 1; 2009, No. 355, § 8.
Ark. Code Ann. § 17-1-101 — AR Code / Title 17 / Chapter 1 / Section 17-1-101
Examination credit for United States veterans and nurses
Status: in_force

(a) In all examinations held by any and all state boards, commissions, or bureaus for the purpose of examining applicants for any license or permit to engage in any profession, trade, or employment, all applicants for such examinations who are veterans of the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States shall have a credit of ten percent (10%) over and above all applicants who are not such veterans or nurses. (b) The only requirement on the part of the applicant for examination to secure credit of ten percent (10%) shall be the delivery to the examining board, commission, or bureau of the original or a duly and properly executed certified copy of an honorable discharge from the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States. (c) The advantage given to veterans or nurses under and by this section shall be the same as is given to such veterans and nurses by the acts of the United States Congress for federal positions and licenses. Acts 1941, No. 298, §§ 1, 2; A.S.A. 1947, §§ 11-1701, 11-1702.

(a) In all examinations held by any and all state boards, commissions, or bureaus for the purpose of examining applicants for any license or permit to engage in any profession, trade, or employment, all applicants for such examinations who are veterans of the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States shall have a credit of ten percent (10%) over and above all applicants who are not such veterans or nurses.

(b) The only requirement on the part of the applicant for examination to secure credit of ten percent (10%) shall be the delivery to the examining board, commission, or bureau of the original or a duly and properly executed certified copy of an honorable discharge from the United States Army, United States Navy, United States Marine Corps, or Nurses of the United States.

(c) The advantage given to veterans or nurses under and by this section shall be the same as is given to such veterans and nurses by the acts of the United States Congress for federal positions and licenses.

Acts 1941, No. 298, §§ 1, 2; A.S.A. 1947, §§ 11-1701, 11-1702.
Ark. Code Ann. § 17-42-511 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-511
License application procedure
Status: in_force

(a) Applications for licensure are submitted on forms provided by the Arkansas Real Estate Commission. (b) An applicant for licensure shall pay the fees required under this subchapter. (c) An applicant for licensure or course approval shall furnish contact information on forms provided by the commission. (d) (1) An applicant, administrator, or licensee is required to maintain current contact information with the commission. (2) Contact information includes physical and mailing addresses, home and business telephone numbers, and home and business email. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) Applications for licensure are submitted on forms provided by the Arkansas Real Estate Commission.

(b) An applicant for licensure shall pay the fees required under this subchapter.

(c) An applicant for licensure or course approval shall furnish contact information on forms provided by the commission.

(d) (1) An applicant, administrator, or licensee is required to maintain current contact information with the commission. (2) Contact information includes physical and mailing addresses, home and business telephone numbers, and home and business email.

(1) An applicant, administrator, or licensee is required to maintain current contact information with the commission.

(2) Contact information includes physical and mailing addresses, home and business telephone numbers, and home and business email.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-92-208 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-208
Authorization for payment to the Department of Health
Status: in_force

(a) The Arkansas State Board of Pharmacy may make payment to the Department of Health for services, salaries, and other purposes from the funds received by the board from issuance of licensed pharmacy permits, renewals, or certificates of licensure of licensed pharmacists, examinations, reciprocity fees, and from other moneys collected. (b) (1) The department may employ an attorney to supervise and conduct its investigations and to institute and prosecute actions and charges for the violation of the provisions of the Hospital Pharmacies Act, § 17-92-601 et seq. (2) The attorney employed or retained by the department may make regular reports to the Attorney General of the actions instituted or prosecuted by him or her. (3) Appeals from the circuit court to the Supreme Court in matters affecting the action of the board may be handled by the office of the Attorney General. (c) The board may make reimbursement of the necessary and reasonable travel, board, and lodging expenses of the staff of the board incurred in the performance of their duties. Amended by Act 2019, No. 910,§ 4892, eff. 7/1/2019. Amended by Act 2015, No. 710,§ 6, eff. 7/1/2015. Acts 1957, No. 230, §§ 1-3; 1965 (1st Ex. Sess.), No. 26, § 1; 1967, No. 191, § 1; 1977, No. 55, § 4; 1983, No. 511, § 3; A.S.A. 1947, §§ 72-1002.1, 72-1002.2.

(a) The Arkansas State Board of Pharmacy may make payment to the Department of Health for services, salaries, and other purposes from the funds received by the board from issuance of licensed pharmacy permits, renewals, or certificates of licensure of licensed pharmacists, examinations, reciprocity fees, and from other moneys collected.

(b) (1) The department may employ an attorney to supervise and conduct its investigations and to institute and prosecute actions and charges for the violation of the provisions of the Hospital Pharmacies Act, § 17-92-601 et seq. (2) The attorney employed or retained by the department may make regular reports to the Attorney General of the actions instituted or prosecuted by him or her. (3) Appeals from the circuit court to the Supreme Court in matters affecting the action of the board may be handled by the office of the Attorney General.

(1) The department may employ an attorney to supervise and conduct its investigations and to institute and prosecute actions and charges for the violation of the provisions of the Hospital Pharmacies Act, § 17-92-601 et seq.

(2) The attorney employed or retained by the department may make regular reports to the Attorney General of the actions instituted or prosecuted by him or her.

(3) Appeals from the circuit court to the Supreme Court in matters affecting the action of the board may be handled by the office of the Attorney General.

(c) The board may make reimbursement of the necessary and reasonable travel, board, and lodging expenses of the staff of the board incurred in the performance of their duties.

Amended by Act 2019, No. 910,§ 4892, eff. 7/1/2019.

Amended by Act 2015, No. 710,§ 6, eff. 7/1/2015.

Acts 1957, No. 230, §§ 1-3; 1965 (1st Ex. Sess.), No. 26, § 1; 1967, No. 191, § 1; 1977, No. 55, § 4; 1983, No. 511, § 3; A.S.A. 1947, §§ 72-1002.1, 72-1002.2.
Ark. Code Ann. § 17-27-306 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-306
Examination
Status: in_force

(a) (1) The Arkansas Board of Examiners in Counseling shall provide approval before an applicant is allowed to sit for examination. (2) The board shall designate the time and place of any examination in advance of any examination. (b) The board is required to preserve examination materials in accordance with state rules. (c) (1) In the event that an applicant fails to pass an examination, he or she may reapply and may be allowed to take a subsequent examination. (2) An applicant who fails an examination shall wait three (3) months before taking a subsequent examination. Amended by Act 2019, No. 370,§ 3, eff. 7/24/2019. Acts 1979, No. 593, § 11; A.S.A. 1947, § 71-5211; Acts 1997, No. 244, § 4.

(a) (1) The Arkansas Board of Examiners in Counseling shall provide approval before an applicant is allowed to sit for examination. (2) The board shall designate the time and place of any examination in advance of any examination.

(1) The Arkansas Board of Examiners in Counseling shall provide approval before an applicant is allowed to sit for examination.

(2) The board shall designate the time and place of any examination in advance of any examination.

(b) The board is required to preserve examination materials in accordance with state rules.

(c) (1) In the event that an applicant fails to pass an examination, he or she may reapply and may be allowed to take a subsequent examination. (2) An applicant who fails an examination shall wait three (3) months before taking a subsequent examination.

(1) In the event that an applicant fails to pass an examination, he or she may reapply and may be allowed to take a subsequent examination.

(2) An applicant who fails an examination shall wait three (3) months before taking a subsequent examination.

Amended by Act 2019, No. 370,§ 3, eff. 7/24/2019.

Acts 1979, No. 593, § 11; A.S.A. 1947, § 71-5211; Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-1-106 — AR Code / Title 17 / Chapter 1 / Section 17-1-106
[Repealed]
Status: repealed

Repealed by Act 2021, No. 135,§ 1, eff. 2/23/2021. Amended by Act 2019, No. 820,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 248,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 848,§ 1, eff. 3/31/2015. Added by Act 2013, No. 8,§ 1, eff. 8/16/2013.

Repealed by Act 2021, No. 135,§ 1, eff. 2/23/2021.

Amended by Act 2019, No. 820,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 248,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 848,§ 1, eff. 3/31/2015.

Added by Act 2013, No. 8,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 17-12-302 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-302
Education requirements
Status: in_force

(a) In general, the applicable education requirements shall be those in effect on the date on which the applicant successfully applies for his or her examination under § 17-12-301(a)(2) . However, the Arkansas State Board of Public Accountancy may provide by rule for exceptions to the general rule in order to prevent what it determines to be undue hardship to applicants resulting from changes in the education and experience requirements. (b) The board may provide by rule for the general scope of the examinations and may obtain any advice and assistance it deems appropriate to assist it in preparing and grading the examinations. Amended by Act 2019, No. 315,§ 1331, eff. 7/24/2019. Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1989, No. 696, § 2; 1999, No. 180, § 13.

(a) In general, the applicable education requirements shall be those in effect on the date on which the applicant successfully applies for his or her examination under § 17-12-301(a)(2) . However, the Arkansas State Board of Public Accountancy may provide by rule for exceptions to the general rule in order to prevent what it determines to be undue hardship to applicants resulting from changes in the education and experience requirements.

(b) The board may provide by rule for the general scope of the examinations and may obtain any advice and assistance it deems appropriate to assist it in preparing and grading the examinations.

Amended by Act 2019, No. 315,§ 1331, eff. 7/24/2019.

Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1989, No. 696, § 2; 1999, No. 180, § 13.
Ark. Code Ann. § 17-17-302 — AR Code / Title 17 / Chapter 17 / Subchapter 3 / Section 17-17-302
Issuance and renewal - Change of location
Status: in_force

(a) (1) An examination shall not be required for the renewal of any present or future license unless the license has been revoked. In this case, the applicant shall take and pass the written examination offered by the Auctioneer's Licensing Board before a new license may be issued. (2) Licensed auctioneers shall have a thirty-day grace period beyond the renewal date to renew a license. (3) (A) The penalty for late renewals beyond the thirty-day grace period shall be two (2) times the sum of a normal license renewal fee. (B) (i) The board shall notify a licensee of the penalty in subdivision (a)(3)(A) of this section by first-class and electronic mail to the addresses the licensee has on file with the board. (ii) If a licensee does not renew his or her license within thirty (30) days after the notice in subdivision (a)(3)(B)(i) of this section is sent, the board shall send a second notice by first-class and electronic mail. (b) (1) (A) The issuance fee for each auctioneer's license shall be one hundred dollars ($100). (B) The annual renewal fee for each license shall be one hundred dollars ($100). (C) All licenses shall expire on June 30 of each year. (2) In the absence of a reason or condition that might warrant the refusal to renew a license and upon receipt of the written request of the applicant and the applicant's annual fee, the board shall issue a new license each ensuing year. (c) Upon the issuance or renewal of a license, the board shall prepare and deliver to each licensee a license certificate or pocket card, each of which shall be deemed sufficient proof of licensure. (d) (1) Notice in writing shall be given to the board by each licensee of any change of business location within thirty (30) days after any change in location, and at that time the board shall issue a new license for the unexpired period. (2) A change of business location shall automatically cancel the license previously issued. (3) Unless changed by the licensee on the board's online licensing platform, changing a business location and issuance of a new license shall entitle the board to collect a processing fee of five dollars ($5.00) from the licensee. Amended by Act 2023, No. 677,§ 6, eff. 8/1/2023. Acts 1989, No. 266, § 8; 2003, No. 1748, § 3; 2009, No. 773, § 1.

(a) (1) An examination shall not be required for the renewal of any present or future license unless the license has been revoked. In this case, the applicant shall take and pass the written examination offered by the Auctioneer's Licensing Board before a new license may be issued. (2) Licensed auctioneers shall have a thirty-day grace period beyond the renewal date to renew a license. (3) (A) The penalty for late renewals beyond the thirty-day grace period shall be two (2) times the sum of a normal license renewal fee. (B) (i) The board shall notify a licensee of the penalty in subdivision (a)(3)(A) of this section by first-class and electronic mail to the addresses the licensee has on file with the board. (ii) If a licensee does not renew his or her license within thirty (30) days after the notice in subdivision (a)(3)(B)(i) of this section is sent, the board shall send a second notice by first-class and electronic mail.

(1) An examination shall not be required for the renewal of any present or future license unless the license has been revoked. In this case, the applicant shall take and pass the written examination offered by the Auctioneer's Licensing Board before a new license may be issued.

(2) Licensed auctioneers shall have a thirty-day grace period beyond the renewal date to renew a license.

(3) (A) The penalty for late renewals beyond the thirty-day grace period shall be two (2) times the sum of a normal license renewal fee. (B) (i) The board shall notify a licensee of the penalty in subdivision (a)(3)(A) of this section by first-class and electronic mail to the addresses the licensee has on file with the board. (ii) If a licensee does not renew his or her license within thirty (30) days after the notice in subdivision (a)(3)(B)(i) of this section is sent, the board shall send a second notice by first-class and electronic mail.

(A) The penalty for late renewals beyond the thirty-day grace period shall be two (2) times the sum of a normal license renewal fee.

(B) (i) The board shall notify a licensee of the penalty in subdivision (a)(3)(A) of this section by first-class and electronic mail to the addresses the licensee has on file with the board. (ii) If a licensee does not renew his or her license within thirty (30) days after the notice in subdivision (a)(3)(B)(i) of this section is sent, the board shall send a second notice by first-class and electronic mail.

(i) The board shall notify a licensee of the penalty in subdivision (a)(3)(A) of this section by first-class and electronic mail to the addresses the licensee has on file with the board.

(ii) If a licensee does not renew his or her license within thirty (30) days after the notice in subdivision (a)(3)(B)(i) of this section is sent, the board shall send a second notice by first-class and electronic mail.

(b) (1) (A) The issuance fee for each auctioneer's license shall be one hundred dollars ($100). (B) The annual renewal fee for each license shall be one hundred dollars ($100). (C) All licenses shall expire on June 30 of each year. (2) In the absence of a reason or condition that might warrant the refusal to renew a license and upon receipt of the written request of the applicant and the applicant's annual fee, the board shall issue a new license each ensuing year.

(1) (A) The issuance fee for each auctioneer's license shall be one hundred dollars ($100). (B) The annual renewal fee for each license shall be one hundred dollars ($100). (C) All licenses shall expire on June 30 of each year.

(A) The issuance fee for each auctioneer's license shall be one hundred dollars ($100).

(B) The annual renewal fee for each license shall be one hundred dollars ($100).

(C) All licenses shall expire on June 30 of each year.

(2) In the absence of a reason or condition that might warrant the refusal to renew a license and upon receipt of the written request of the applicant and the applicant's annual fee, the board shall issue a new license each ensuing year.

(c) Upon the issuance or renewal of a license, the board shall prepare and deliver to each licensee a license certificate or pocket card, each of which shall be deemed sufficient proof of licensure.

(d) (1) Notice in writing shall be given to the board by each licensee of any change of business location within thirty (30) days after any change in location, and at that time the board shall issue a new license for the unexpired period. (2) A change of business location shall automatically cancel the license previously issued. (3) Unless changed by the licensee on the board's online licensing platform, changing a business location and issuance of a new license shall entitle the board to collect a processing fee of five dollars ($5.00) from the licensee.

(1) Notice in writing shall be given to the board by each licensee of any change of business location within thirty (30) days after any change in location, and at that time the board shall issue a new license for the unexpired period.

(2) A change of business location shall automatically cancel the license previously issued.

(3) Unless changed by the licensee on the board's online licensing platform, changing a business location and issuance of a new license shall entitle the board to collect a processing fee of five dollars ($5.00) from the licensee.

Amended by Act 2023, No. 677,§ 6, eff. 8/1/2023.

Acts 1989, No. 266, § 8; 2003, No. 1748, § 3; 2009, No. 773, § 1.
Ark. Code Ann. § 17-88-306 — AR Code / Title 17 / Chapter 88 / Subchapter 3 / Section 17-88-306
Temporary licenses
Status: in_force

(a) The Executive Director of the Arkansas State Medical Board shall issue a temporary license without examination to practice occupational therapy in association with an occupational therapist licensed under this chapter to persons who have completed the education and experience requirements of this chapter and who are required to be licensed in order to obtain employment as an occupational therapist. (b) The temporary license shall be valid until the date on which the results of the next qualifying examination have been made public. (c) This temporary license shall only be renewed one (1) time if the applicant has not passed the examination or if the applicant has failed to take the qualifying examination, unless that failure is justified by good cause acceptable at the discretion of the executive director. Acts 1977, No. 381, § 9; A.S.A. 1947, § 72-1909.

(a) The Executive Director of the Arkansas State Medical Board shall issue a temporary license without examination to practice occupational therapy in association with an occupational therapist licensed under this chapter to persons who have completed the education and experience requirements of this chapter and who are required to be licensed in order to obtain employment as an occupational therapist.

(b) The temporary license shall be valid until the date on which the results of the next qualifying examination have been made public.

(c) This temporary license shall only be renewed one (1) time if the applicant has not passed the examination or if the applicant has failed to take the qualifying examination, unless that failure is justified by good cause acceptable at the discretion of the executive director.

Acts 1977, No. 381, § 9; A.S.A. 1947, § 72-1909.
Ark. Code Ann. § 17-89-307 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-307
Certificates - Renewal
Status: in_force

(a) All licensed and registered opticians shall pay by July 1 of each year a fee established by the Arkansas Board of Dispensing Opticians to the Secretary-treasurer of the Arkansas Board of Dispensing Opticians as a renewal licensure or registry fee. (b) (1) Unless the fee is paid, certificates of licensure or registry issued under this chapter shall expire and become invalid at 12:00 midnight on July 1 of that year. (2) Upon the payment of the renewal fee and in the absence of a board finding against renewal under this chapter, the person shall have his or her certificate of licensure or registry renewed for an additional year commencing on July 1 of that year. (3) Any person licensed or registered under the provisions of this chapter who has not paid his or her renewal fee in full by July 1 of that year shall be required to pay a renewal penalty established by the board. Acts 1981, No. 589, § 13; A.S.A. 1947, § 72-2113; Acts 1987, No. 966, § 3; 1993, No. 1087, § 3.

(a) All licensed and registered opticians shall pay by July 1 of each year a fee established by the Arkansas Board of Dispensing Opticians to the Secretary-treasurer of the Arkansas Board of Dispensing Opticians as a renewal licensure or registry fee.

(b) (1) Unless the fee is paid, certificates of licensure or registry issued under this chapter shall expire and become invalid at 12:00 midnight on July 1 of that year. (2) Upon the payment of the renewal fee and in the absence of a board finding against renewal under this chapter, the person shall have his or her certificate of licensure or registry renewed for an additional year commencing on July 1 of that year. (3) Any person licensed or registered under the provisions of this chapter who has not paid his or her renewal fee in full by July 1 of that year shall be required to pay a renewal penalty established by the board.

(1) Unless the fee is paid, certificates of licensure or registry issued under this chapter shall expire and become invalid at 12:00 midnight on July 1 of that year.

(2) Upon the payment of the renewal fee and in the absence of a board finding against renewal under this chapter, the person shall have his or her certificate of licensure or registry renewed for an additional year commencing on July 1 of that year.

(3) Any person licensed or registered under the provisions of this chapter who has not paid his or her renewal fee in full by July 1 of that year shall be required to pay a renewal penalty established by the board.

Acts 1981, No. 589, § 13; A.S.A. 1947, § 72-2113; Acts 1987, No. 966, § 3; 1993, No. 1087, § 3.
Ark. Code Ann. § 17-101-304 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-304
Veterinarians - Temporary permit
Status: in_force

(a) The Director of the Arkansas Livestock and Poultry Commission or his or her designee may issue without examination a temporary permit to practice veterinary medicine in this state to a qualified applicant for a license pending examination and provided that the temporary permit shall expire the day after the notice or results of the first examination given after the permit is issued. (b) A temporary permit may be issued or revoked by majority vote of the Arkansas Livestock and Poultry Commission. Amended by Act 2023, No. 691,§ 156, eff. 7/1/2023. Amended by Act 2021, No. 130,§ 2, eff. 7/28/2021. Acts 1975, No. 650, § 8; A.S.A. 1947, § 72-1139; Acts 1993, No. 1198, § 1.

(a) The Director of the Arkansas Livestock and Poultry Commission or his or her designee may issue without examination a temporary permit to practice veterinary medicine in this state to a qualified applicant for a license pending examination and provided that the temporary permit shall expire the day after the notice or results of the first examination given after the permit is issued.

(b) A temporary permit may be issued or revoked by majority vote of the Arkansas Livestock and Poultry Commission.

Amended by Act 2023, No. 691,§ 156, eff. 7/1/2023.

Amended by Act 2021, No. 130,§ 2, eff. 7/28/2021.

Acts 1975, No. 650, § 8; A.S.A. 1947, § 72-1139; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-11-303 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-303
Certificate of registration - Examination
Status: in_force

The examination required under this chapter shall be in the form of written interrogatories as may be prescribed by the State Board of Appraisers, Abstracters, and Home Inspectors to determine the proficiency of the applicant. Amended by Act 2023, No. 628,§ 6, eff. 7/1/2023. Acts 1969, No. 109, § 5; A.S.A. 1947, § 71-105; Acts 2007, No. 1042, § 5.

The examination required under this chapter shall be in the form of written interrogatories as may be prescribed by the State Board of Appraisers, Abstracters, and Home Inspectors to determine the proficiency of the applicant.

Amended by Act 2023, No. 628,§ 6, eff. 7/1/2023.

Acts 1969, No. 109, § 5; A.S.A. 1947, § 71-105; Acts 2007, No. 1042, § 5.
Ark. Code Ann. § 17-93-307 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-307
Display of license
Status: in_force

Each licensee shall display his or her license and renewal certification in a conspicuous place in the principal office where he or she practices as a physical therapist or practices as a physical therapist assistant. Acts 1973, No. 139, § 4; 1979, No. 631, § 10; A.S.A. 1947, § 72-1325.1.

Each licensee shall display his or her license and renewal certification in a conspicuous place in the principal office where he or she practices as a physical therapist or practices as a physical therapist assistant.

Acts 1973, No. 139, § 4; 1979, No. 631, § 10; A.S.A. 1947, § 72-1325.1.
Ark. Code Ann. § 17-25-406 — AR Code / Title 17 / Chapter 25 / Subchapter 4 / Section 17-25-406
Notice of bond cancellation
Status: in_force

(a) (1) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days before cancellation. The board shall notify the Department of Finance and Administration, the Division of Workforce Services, and the Workers' Compensation Commission of the notice of cancellation. (2) It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with state law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate state law. (b) A contractor's license that has become invalid due to bond cancellation may be reinstated upon receipt of a proper replacement bond. Amended by Act 2019, No. 910,§ 470, eff. 7/1/2019. Acts 1987, No. 162, § 4; 1989, No. 487, § 5; 1991, No. 783, § 6; 1992 (1st Ex. Sess.), No. 37, § 3.

(a) (1) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days before cancellation. The board shall notify the Department of Finance and Administration, the Division of Workforce Services, and the Workers' Compensation Commission of the notice of cancellation. (2) It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with state law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate state law.

(1) Notice of bond cancellation shall be given to the Contractors Licensing Board in writing sixty (60) days before cancellation. The board shall notify the Department of Finance and Administration, the Division of Workforce Services, and the Workers' Compensation Commission of the notice of cancellation.

(2) It shall be the responsibility of each governmental agency to make any claims against the bond in accordance with state law for collection of any taxes, premiums, contributions, penalties, interest, or fines within the statute of limitations of the appropriate state law.

(b) A contractor's license that has become invalid due to bond cancellation may be reinstated upon receipt of a proper replacement bond.

Amended by Act 2019, No. 910,§ 470, eff. 7/1/2019.

Acts 1987, No. 162, § 4; 1989, No. 487, § 5; 1991, No. 783, § 6; 1992 (1st Ex. Sess.), No. 37, § 3.
Ark. Code Ann. § 17-26-410 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-410
Instructor qualifications
Status: in_force

(a) (1) (A) A person employed in a school to instruct students in the school shall be licensed as an instructor in the field in which he or she specializes. (B) A licensed instructor in good standing is not required to renew his or her specialty license. (2) A licensed instructor shall: (A) Be twenty-one (21) years of age or older and have had six hundred (600) hours of teacher training in a school of cosmetology; (B) Have passed an instructor's written examination given by the Department of Health, a practical examination administered by the school, and have received an instructor's license; and (C) Have received not less than eight (8) hours of additional training in an instructor's training seminar or continuing education course certified by the department. (b) A licensed instructor shall not teach outside the profession in which the license to practice allows. (c) A cosmetology school shall offer an education in cosmetology regardless of whether the curriculum includes a specialty course. Amended by Act 2017, No. 973,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 972,§ 2, eff. 8/1/2017. Acts 1955, No. 358, Art. 8, § 3; 1961, No. 490, § 5; 1965, No. 403, § 6; 1973, No. 566, § 4; 1975, No. 532, § 3; 1977, No. 420, § 3; A.S.A. 1947, § 71-854; Acts 1987, No. 465, § 1; 2007, No. 223, § 39; 2009, No. 4, § 20.

(a) (1) (A) A person employed in a school to instruct students in the school shall be licensed as an instructor in the field in which he or she specializes. (B) A licensed instructor in good standing is not required to renew his or her specialty license. (2) A licensed instructor shall: (A) Be twenty-one (21) years of age or older and have had six hundred (600) hours of teacher training in a school of cosmetology; (B) Have passed an instructor's written examination given by the Department of Health, a practical examination administered by the school, and have received an instructor's license; and (C) Have received not less than eight (8) hours of additional training in an instructor's training seminar or continuing education course certified by the department.

(1) (A) A person employed in a school to instruct students in the school shall be licensed as an instructor in the field in which he or she specializes. (B) A licensed instructor in good standing is not required to renew his or her specialty license.

(A) A person employed in a school to instruct students in the school shall be licensed as an instructor in the field in which he or she specializes.

(B) A licensed instructor in good standing is not required to renew his or her specialty license.

(2) A licensed instructor shall: (A) Be twenty-one (21) years of age or older and have had six hundred (600) hours of teacher training in a school of cosmetology; (B) Have passed an instructor's written examination given by the Department of Health, a practical examination administered by the school, and have received an instructor's license; and (C) Have received not less than eight (8) hours of additional training in an instructor's training seminar or continuing education course certified by the department.

(A) Be twenty-one (21) years of age or older and have had six hundred (600) hours of teacher training in a school of cosmetology;

(B) Have passed an instructor's written examination given by the Department of Health, a practical examination administered by the school, and have received an instructor's license; and

(C) Have received not less than eight (8) hours of additional training in an instructor's training seminar or continuing education course certified by the department.

(b) A licensed instructor shall not teach outside the profession in which the license to practice allows.

(c) A cosmetology school shall offer an education in cosmetology regardless of whether the curriculum includes a specialty course.

Amended by Act 2017, No. 973,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 972,§ 2, eff. 8/1/2017.

Acts 1955, No. 358, Art. 8, § 3; 1961, No. 490, § 5; 1965, No. 403, § 6; 1973, No. 566, § 4; 1975, No. 532, § 3; 1977, No. 420, § 3; A.S.A. 1947, § 71-854; Acts 1987, No. 465, § 1; 2007, No. 223, § 39; 2009, No. 4, § 20.
Ark. Code Ann. § 17-25-102 — AR Code / Title 17 / Chapter 25 / Subchapter 1 / Section 17-25-102
Exemptions
Status: in_force

The following shall be exempted from the provisions of this chapter: (1) The practice of contracting as defined in § 17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision in this state; (2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and supervision that is customarily furnished by architects and engineers; (3) (A) Manufacturers who produce equipment to be installed in the State of Arkansas and have the responsibility for the installation of the equipment, which would require a license under this chapter, if the installation is performed by a contractor properly licensed under this chapter. (B) The Contractors Licensing Board shall have the authority to define "manufacturers" as it is used in this subdivision (3); and (4) (A) Subcontractors of a licensed contractor who are properly registered with the board under this chapter. (B) The board may issue rules necessary for the: (i) Implementation of a registration process; (ii) Determination of application fees for registration; and (iii) Establishment of civil penalties in the same amounts and under the same procedures as for other license holders under this chapter. Amended by Act 2019, No. 805,§ 2, eff. 7/1/2020. Acts 1965, No. 150, §§ 1, 16; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; A.S.A. 1947, §§ 71-701, 71-715; Acts 2001, No. 583, § 1.

The following shall be exempted from the provisions of this chapter:

(1) The practice of contracting as defined in § 17-25-101 by an authorized representative or representatives of the United States Government, State of Arkansas, incorporated town, city or county, or other political subdivision in this state;

(2) Architects and engineers, whose only financial interest in a project shall be the architectural or engineering fees for preparing plans, specifications, surveys, and supervision that is customarily furnished by architects and engineers;

(3) (A) Manufacturers who produce equipment to be installed in the State of Arkansas and have the responsibility for the installation of the equipment, which would require a license under this chapter, if the installation is performed by a contractor properly licensed under this chapter. (B) The Contractors Licensing Board shall have the authority to define "manufacturers" as it is used in this subdivision (3); and

(A) Manufacturers who produce equipment to be installed in the State of Arkansas and have the responsibility for the installation of the equipment, which would require a license under this chapter, if the installation is performed by a contractor properly licensed under this chapter.

(B) The Contractors Licensing Board shall have the authority to define "manufacturers" as it is used in this subdivision (3); and

(4) (A) Subcontractors of a licensed contractor who are properly registered with the board under this chapter. (B) The board may issue rules necessary for the: (i) Implementation of a registration process; (ii) Determination of application fees for registration; and (iii) Establishment of civil penalties in the same amounts and under the same procedures as for other license holders under this chapter.

(A) Subcontractors of a licensed contractor who are properly registered with the board under this chapter.

(B) The board may issue rules necessary for the: (i) Implementation of a registration process; (ii) Determination of application fees for registration; and (iii) Establishment of civil penalties in the same amounts and under the same procedures as for other license holders under this chapter.

(i) Implementation of a registration process;

(ii) Determination of application fees for registration; and

(iii) Establishment of civil penalties in the same amounts and under the same procedures as for other license holders under this chapter.

Amended by Act 2019, No. 805,§ 2, eff. 7/1/2020.

Acts 1965, No. 150, §§ 1, 16; 1967, No. 142, § 1; 1971, No. 397, § 1; 1977, No. 684, § 1; 1979, No. 1020, § 1; A.S.A. 1947, §§ 71-701, 71-715; Acts 2001, No. 583, § 1.
Ark. Code Ann. § 17-92-114 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-114
Reciprocity
Status: in_force

The Arkansas State Board of Pharmacy may adopt rules applicable to a pharmacy or a pharmacist licensed in another state that renders services in Arkansas that mirror qualifications, requirements, prerogatives, prohibitions, and limitations imposed by the other state on Arkansas pharmacies and pharmacists rendering services in the other state. Acts 2011, No. 1019, § 1.

The Arkansas State Board of Pharmacy may adopt rules applicable to a pharmacy or a pharmacist licensed in another state that renders services in Arkansas that mirror qualifications, requirements, prerogatives, prohibitions, and limitations imposed by the other state on Arkansas pharmacies and pharmacists rendering services in the other state.

Acts 2011, No. 1019, § 1.