Ark. Code Ann. § 17-51-101 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-101
Definitions
Status: in_force

As used in this chapter: (1) "Community public water system" means any public water system which serves at least fifteen (15) connections or twenty-five (25) persons who are year-round residents; (2) "Drinking Water Operator Certification Program" means those activities conducted by the Department of Health and the Drinking Water Advisory and Operator Licensing Committee related to the training, examination, and licensing and certification of public water system operators; (3) "Late renewal" means an application for renewal when the application for renewal or the associated fee is received more than thirty (30) days following the beginning of a renewal period; (4) "Noncommunity public water system" means a public water system that serves fifteen (15) service connections or twenty-five (25) persons, at least sixty (60) days per year, that is not a community public water system; (5) "Nontransient noncommunity public water system" means a public water system that is not a community public water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year; (6) "Public water system " means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to consumers; (7) "Treatment" means the application of physical processes or the addition of chemicals, or both, to water which a public water system provides to the public for the purpose of improving the quality of the water, except that the addition of gaseous chlorine, sodium hypochlorite, or calcium hypochlorite alone shall not be defined as treatment; and (8) "Water system operator" means any person who, during the performance of his or her regular duties at a community public water system, a nontransient noncommunity public water system, or any other noncommunity public water system which utilizes a surface water or surface water-influenced source, exercises individual judgment by which, either directly or indirectly, the safety, quality, and quantity of water delivered from the water system might be affected. Amended by Act 2019, No. 386,§ 35, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 34, eff. 7/24/2019. Acts 1957, No. 333, § 2; A.S.A. 1947, § 71-1702; Acts 1991, No. 1001, § 1; 1997, No. 494, § 1.

As used in this chapter:

(1) "Community public water system" means any public water system which serves at least fifteen (15) connections or twenty-five (25) persons who are year-round residents;

(2) "Drinking Water Operator Certification Program" means those activities conducted by the Department of Health and the Drinking Water Advisory and Operator Licensing Committee related to the training, examination, and licensing and certification of public water system operators;

(3) "Late renewal" means an application for renewal when the application for renewal or the associated fee is received more than thirty (30) days following the beginning of a renewal period;

(4) "Noncommunity public water system" means a public water system that serves fifteen (15) service connections or twenty-five (25) persons, at least sixty (60) days per year, that is not a community public water system;

(5) "Nontransient noncommunity public water system" means a public water system that is not a community public water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;

(6) "Public water system " means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to consumers;

(7) "Treatment" means the application of physical processes or the addition of chemicals, or both, to water which a public water system provides to the public for the purpose of improving the quality of the water, except that the addition of gaseous chlorine, sodium hypochlorite, or calcium hypochlorite alone shall not be defined as treatment; and

(8) "Water system operator" means any person who, during the performance of his or her regular duties at a community public water system, a nontransient noncommunity public water system, or any other noncommunity public water system which utilizes a surface water or surface water-influenced source, exercises individual judgment by which, either directly or indirectly, the safety, quality, and quantity of water delivered from the water system might be affected.

Amended by Act 2019, No. 386,§ 35, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 34, eff. 7/24/2019.

Acts 1957, No. 333, § 2; A.S.A. 1947, § 71-1702; Acts 1991, No. 1001, § 1; 1997, No. 494, § 1.
Ark. Code Ann. § 17-101-309 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-309
License, certificate, and registration renewal - Reinstatement
Status: in_force

(a) (1) All licenses, certificates, and registrations expire on March 31 each year and may be renewed by payment of the annual renewal fee established by rule of the Arkansas Livestock and Poultry Commission. (2) Not later than March 1 each year, the commission shall provide a written notice to each licensed veterinarian, veterinary technician, and veterinary technologist that his or her license or certificate will expire on March 31 and shall provide a renewal application form. (b) (1) Any person may reinstate an expired license or certificate within five (5) years of its expiration by making application to the commission for renewal and paying the current renewal fee along with all delinquent renewal fees. (2) After five (5) years have elapsed since the date of expiration, a license or certificate may not be renewed, and the holder must apply for a new license or certificate and take the required examinations. (c) The commission may provide by rule for waiver of payment of any renewal fee of a licensed veterinarian, veterinary technician, or veterinary technologist during any period when he or she is on active duty with any branch of the United States Armed Forces for not to exceed three (3) years or for the duration of a national emergency, whichever is longer. (d) The commission may provide by rule for waiver of payment of any renewal fee of a licensed veterinarian or veterinary technician during any period when he or she is a member of the Arkansas National Guard called into state active duty. Amended by Act 2023, No. 691,§ 165, eff. 7/1/2023. Amended by Act 2021, No. 130,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1664, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1663, eff. 7/24/2019. Amended by Act 2019, No. 462,§ 17, eff. 7/24/2019. Amended by Act 2019, No. 169,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 169,§ 5, eff. 7/24/2019. Acts 1975, No. 650, § 11; A.S.A. 1947, § 72-1142; Acts 1993, No. 1198, § 1.

(a) (1) All licenses, certificates, and registrations expire on March 31 each year and may be renewed by payment of the annual renewal fee established by rule of the Arkansas Livestock and Poultry Commission. (2) Not later than March 1 each year, the commission shall provide a written notice to each licensed veterinarian, veterinary technician, and veterinary technologist that his or her license or certificate will expire on March 31 and shall provide a renewal application form.

(1) All licenses, certificates, and registrations expire on March 31 each year and may be renewed by payment of the annual renewal fee established by rule of the Arkansas Livestock and Poultry Commission.

(2) Not later than March 1 each year, the commission shall provide a written notice to each licensed veterinarian, veterinary technician, and veterinary technologist that his or her license or certificate will expire on March 31 and shall provide a renewal application form.

(b) (1) Any person may reinstate an expired license or certificate within five (5) years of its expiration by making application to the commission for renewal and paying the current renewal fee along with all delinquent renewal fees. (2) After five (5) years have elapsed since the date of expiration, a license or certificate may not be renewed, and the holder must apply for a new license or certificate and take the required examinations.

(1) Any person may reinstate an expired license or certificate within five (5) years of its expiration by making application to the commission for renewal and paying the current renewal fee along with all delinquent renewal fees.

(2) After five (5) years have elapsed since the date of expiration, a license or certificate may not be renewed, and the holder must apply for a new license or certificate and take the required examinations.

(c) The commission may provide by rule for waiver of payment of any renewal fee of a licensed veterinarian, veterinary technician, or veterinary technologist during any period when he or she is on active duty with any branch of the United States Armed Forces for not to exceed three (3) years or for the duration of a national emergency, whichever is longer.

(d) The commission may provide by rule for waiver of payment of any renewal fee of a licensed veterinarian or veterinary technician during any period when he or she is a member of the Arkansas National Guard called into state active duty.

Amended by Act 2023, No. 691,§ 165, eff. 7/1/2023.

Amended by Act 2021, No. 130,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1664, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1663, eff. 7/24/2019.

Amended by Act 2019, No. 462,§ 17, eff. 7/24/2019.

Amended by Act 2019, No. 169,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 169,§ 5, eff. 7/24/2019.

Acts 1975, No. 650, § 11; A.S.A. 1947, § 72-1142; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-43-201 — AR Code / Title 17 / Chapter 43 / Subchapter 2 / Section 17-43-201
Creation - Members
Status: in_force

(a) (1) There is created the Arkansas State Board of Sanitarians to consist of six (6) members who shall be appointed by the Governor, subject to confirmation by the Senate. (2) (A) Five (5) members shall be sanitarians who have been residents in the State of Arkansas for at least one (1) year, have had experience in the field of environmental sanitation for at least five (5) years, are presently engaged in the field of environmental sanitation, and are not less than thirty (30) years of age. Each shall hold a current certificate of registration issued by the board. (B) Terms of office shall be fixed so that one (1) professional member of the board will be retired each year. (C) (i) The Governor shall fill the expired term of the retiring board member by appointment. (ii) The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C). (3) (A) One (1) member shall not be actively engaged in the business of sanitation or retired as a sanitarian and shall represent consumers. (B) This member shall be appointed from the state at large, subject to confirmation by the Senate. (C) He or she shall be a full voting member but shall not participate in the grading of examinations. (b) Each member shall be appointed for a five-year period except for a person who is appointed to fill the unexpired term of another member. The term of office shall expire on June 30 of each year. (c) The Governor shall fill any vacancy caused by death, resignation, or removal for the unexpired term. (d) The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty. (e) The members of the board shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 386,§ 26, eff. 7/24/2019. Amended by Act 2015, No. 1100,§ 28, eff. 7/22/2015. Acts 1957, No. 281, §§ 3, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1985, No. 582, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 71-1603, 71-1604; Acts 1997, No. 250, § 148. See Act 2013, No. 481, § 1.

(a) (1) There is created the Arkansas State Board of Sanitarians to consist of six (6) members who shall be appointed by the Governor, subject to confirmation by the Senate. (2) (A) Five (5) members shall be sanitarians who have been residents in the State of Arkansas for at least one (1) year, have had experience in the field of environmental sanitation for at least five (5) years, are presently engaged in the field of environmental sanitation, and are not less than thirty (30) years of age. Each shall hold a current certificate of registration issued by the board. (B) Terms of office shall be fixed so that one (1) professional member of the board will be retired each year. (C) (i) The Governor shall fill the expired term of the retiring board member by appointment. (ii) The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C). (3) (A) One (1) member shall not be actively engaged in the business of sanitation or retired as a sanitarian and shall represent consumers. (B) This member shall be appointed from the state at large, subject to confirmation by the Senate. (C) He or she shall be a full voting member but shall not participate in the grading of examinations.

(1) There is created the Arkansas State Board of Sanitarians to consist of six (6) members who shall be appointed by the Governor, subject to confirmation by the Senate.

(2) (A) Five (5) members shall be sanitarians who have been residents in the State of Arkansas for at least one (1) year, have had experience in the field of environmental sanitation for at least five (5) years, are presently engaged in the field of environmental sanitation, and are not less than thirty (30) years of age. Each shall hold a current certificate of registration issued by the board. (B) Terms of office shall be fixed so that one (1) professional member of the board will be retired each year. (C) (i) The Governor shall fill the expired term of the retiring board member by appointment. (ii) The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C).

(A) Five (5) members shall be sanitarians who have been residents in the State of Arkansas for at least one (1) year, have had experience in the field of environmental sanitation for at least five (5) years, are presently engaged in the field of environmental sanitation, and are not less than thirty (30) years of age. Each shall hold a current certificate of registration issued by the board.

(B) Terms of office shall be fixed so that one (1) professional member of the board will be retired each year.

(C) (i) The Governor shall fill the expired term of the retiring board member by appointment. (ii) The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C).

(i) The Governor shall fill the expired term of the retiring board member by appointment.

(ii) The Governor shall consult the Arkansas Society of Professional Sanitarians before making an appointment under this subdivision (a)(2)(C).

(3) (A) One (1) member shall not be actively engaged in the business of sanitation or retired as a sanitarian and shall represent consumers. (B) This member shall be appointed from the state at large, subject to confirmation by the Senate. (C) He or she shall be a full voting member but shall not participate in the grading of examinations.

(A) One (1) member shall not be actively engaged in the business of sanitation or retired as a sanitarian and shall represent consumers.

(B) This member shall be appointed from the state at large, subject to confirmation by the Senate.

(C) He or she shall be a full voting member but shall not participate in the grading of examinations.

(b) Each member shall be appointed for a five-year period except for a person who is appointed to fill the unexpired term of another member. The term of office shall expire on June 30 of each year.

(c) The Governor shall fill any vacancy caused by death, resignation, or removal for the unexpired term.

(d) The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty.

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

Amended by Act 2019, No. 386,§ 26, eff. 7/24/2019.

Amended by Act 2015, No. 1100,§ 28, eff. 7/22/2015.

Acts 1957, No. 281, §§ 3, 4; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1985, No. 582, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 71-1603, 71-1604; Acts 1997, No. 250, § 148.

See Act 2013, No. 481, § 1.
Ark. Code Ann. § 17-102-106 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-106
Prosecution of violations
Status: in_force

It shall be the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their jurisdictions when requested and authorized by the Arkansas State Board of Acupuncture and Related Techniques. Acts 1997, No. 816, § 6.

It shall be the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their jurisdictions when requested and authorized by the Arkansas State Board of Acupuncture and Related Techniques.

Acts 1997, No. 816, § 6.
Ark. Code Ann. § 17-17-408 — AR Code / Title 17 / Chapter 17 / Subchapter 4 / Section 17-17-408
Appeal
Status: in_force

(a) An appeal may be taken to the circuit court from a final order of the Auctioneer's Licensing Board in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal shall automatically stay that portion of the board's order which directs the payment of damages, and neither the licensee nor the board shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court. Acts 1999, No. 227, § 3.

(a) An appeal may be taken to the circuit court from a final order of the Auctioneer's Licensing Board in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) An appeal shall automatically stay that portion of the board's order which directs the payment of damages, and neither the licensee nor the board shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court.

Acts 1999, No. 227, § 3.
Ark. Code Ann. § 17-33-103 — AR Code / Title 17 / Chapter 33 / Subchapter 1 / Section 17-33-103
HVACR gas fitting and electrical work
Status: in_force

(a) Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work. (b) Any individual licensed or registered to perform HVACR work may perform electrical connections to heating and air conditioning units without obtaining any other license to perform the work, so long as the connection is made to a disconnecting means suitable in capacity for the equipment to be served and is provided by others within ten feet (10') of the unit. (c) Nothing in this chapter shall be construed as allowing an HVACR licensee to perform electrical work without complying with any applicable local code, city code, state code, or national code pertaining to electrical work. Acts 1991, No. 277, §§ 13, 21; 1995, No. 442, § 1.

(a) Any individual licensed or registered to perform HVACR work may perform HVACR gas fitting work without obtaining any other license to perform the work. HVACR gas fitting work shall be performed in accordance with the appropriate standards for gas fitting work.

(b) Any individual licensed or registered to perform HVACR work may perform electrical connections to heating and air conditioning units without obtaining any other license to perform the work, so long as the connection is made to a disconnecting means suitable in capacity for the equipment to be served and is provided by others within ten feet (10') of the unit.

(c) Nothing in this chapter shall be construed as allowing an HVACR licensee to perform electrical work without complying with any applicable local code, city code, state code, or national code pertaining to electrical work.

Acts 1991, No. 277, §§ 13, 21; 1995, No. 442, § 1.
Ark. Code Ann. § 17-47-309 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-309
Reissuance
Status: in_force

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the Arkansas Natural Resources Commission. A reasonable charge shall be made for reissuance. Amended by Act 2023, No. 691,§ 110, eff. 7/1/2023. Acts 1975, No. 460, § 14; A.S.A. 1947, § 71-2714.

A new certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the Arkansas Natural Resources Commission. A reasonable charge shall be made for reissuance.

Amended by Act 2023, No. 691,§ 110, eff. 7/1/2023.

Acts 1975, No. 460, § 14; A.S.A. 1947, § 71-2714.
Ark. Code Ann. § 17-26-601 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-601
Definitions
Status: in_force

As used in this subchapter: (1) "Artist" means any person other than a licensed physician who performs body art on a human and is licensed in this state; (2) "Artist instructor" means an artist who: (A) Has been licensed by the Department of Health as an artist for at least five (5) years in the specified field of body art in which he or she will offer training; (B) Has worked in a body art establishment licensed by the department for at least five (5) years and been in compliance with department rules governing body artists; (C) Has completed the course required under § 17-26-606 ; (D) Is a registered instructor for the specified field of body art with the department; (E) Has completed a course in safety and sanitation guidelines and requirements by the department; (F) Shall not exceed a ratio of one (1) instructor to eight (8) students per instruction hour; (G) Is at least twenty-one (21) years of age; and (H) Has completed two hundred and fifty (250) instructional hours from a state approved instructor program if the artist instructor is a permanent cosmetics artist instructor; (3) "Body art" means procedures that include: (A) Tattooing; (B) Permanent cosmetics; (C) Body piercing; (D) Branding; or (E) Scarification; (4) (A) "Body piercing" and "body piercing procedure" mean the puncturing of a part of a live human being to create a hole for ornamentation or decoration or a single-point perforation of a body part to insert an anchor with a single stud protruding or flush with the skin. (B) "Body piercing" or "body piercing procedure" shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe; (5) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument; (6) "Critical item" means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards; (7) "Establishment" means any place or facility: (A) Where body art is performed; and (B) That has a body artist licensed in Arkansas on staff; (8) "Guest artist" means an artist from a state other than Arkansas or a country other than the United States who: (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or (B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including: (i) Proof of blood-borne pathogen certification; and (ii) Proof of employment in a licensed body art facility for at least two (2) years; (9) "Host" means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, tradeshow, or other temporary event that includes a body art demonstration booth; (10) "Institution" means an establishment that is licensed by the department to offer postsecondary education to student artists in training through artist instructors in the field of body art; (11) "Instrument" means equipment used during body art, including without limitation: (A) Forceps; (B) Hemostats; (C) Needles; (D) Receiving tubes; and (E) Tattoo barrels and tubes; (12) (A) "Permanent cosmetics" means the application of pigment placed in the skin by a needle or other instrument to beautify the body, including without limitation for the purposes of: (i) Scar camouflaging; (ii) Scalp micropigmentation; (iii) Pigment lightening; (iv) Applying permanent eyebrows, including without limitation: (a) Microblading; and (b) Manual methods; (v) Applying permanent eyeliner; (vi) Applying permanent lip liner or lip color; and (vii) Applying three-dimensional nipples and areola. (B) "Permanent cosmetics" does not include tattooing or a tattooing procedure; (13) "Scarification" means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration; (14) "Sponsor" means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, trade show, or other temporary event that includes a body art demonstration booth; (15) "Student artist" means a person who: (A) Is in training under the supervision of an artist instructor; and (B) Shall not perform body art without the supervision of an artist instructor; (16) "Subdermal implanting" means the insertion of an object under the skin of a live human being for ornamentation or decoration; and (17) (A) "Tattooing" and "tattoo procedure" mean any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by introducing pigments or by the production of scars to form indelible marks with the aid of needles or other instruments. (B) "Tattooing" and "tattoo procedure" do not include permanent cosmetics. Amended by Act 2023, No. 688,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 4, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021. This section was enacted as §17-25-601, but was codified as §17-26-601 to reflect the apparent intent of the legislature.

As used in this subchapter:

(1) "Artist" means any person other than a licensed physician who performs body art on a human and is licensed in this state;

(2) "Artist instructor" means an artist who: (A) Has been licensed by the Department of Health as an artist for at least five (5) years in the specified field of body art in which he or she will offer training; (B) Has worked in a body art establishment licensed by the department for at least five (5) years and been in compliance with department rules governing body artists; (C) Has completed the course required under § 17-26-606 ; (D) Is a registered instructor for the specified field of body art with the department; (E) Has completed a course in safety and sanitation guidelines and requirements by the department; (F) Shall not exceed a ratio of one (1) instructor to eight (8) students per instruction hour; (G) Is at least twenty-one (21) years of age; and (H) Has completed two hundred and fifty (250) instructional hours from a state approved instructor program if the artist instructor is a permanent cosmetics artist instructor;

(A) Has been licensed by the Department of Health as an artist for at least five (5) years in the specified field of body art in which he or she will offer training;

(B) Has worked in a body art establishment licensed by the department for at least five (5) years and been in compliance with department rules governing body artists;

(C) Has completed the course required under § 17-26-606 ;

(D) Is a registered instructor for the specified field of body art with the department;

(E) Has completed a course in safety and sanitation guidelines and requirements by the department;

(F) Shall not exceed a ratio of one (1) instructor to eight (8) students per instruction hour;

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

(H) Has completed two hundred and fifty (250) instructional hours from a state approved instructor program if the artist instructor is a permanent cosmetics artist instructor;

(3) "Body art" means procedures that include: (A) Tattooing; (B) Permanent cosmetics; (C) Body piercing; (D) Branding; or (E) Scarification;

(A) Tattooing;

(B) Permanent cosmetics;

(C) Body piercing;

(D) Branding; or

(E) Scarification;

(4) (A) "Body piercing" and "body piercing procedure" mean the puncturing of a part of a live human being to create a hole for ornamentation or decoration or a single-point perforation of a body part to insert an anchor with a single stud protruding or flush with the skin. (B) "Body piercing" or "body piercing procedure" shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe;

(A) "Body piercing" and "body piercing procedure" mean the puncturing of a part of a live human being to create a hole for ornamentation or decoration or a single-point perforation of a body part to insert an anchor with a single stud protruding or flush with the skin.

(B) "Body piercing" or "body piercing procedure" shall not include piercing an earlobe with a presterilized, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the earlobe;

(5) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument;

(6) "Critical item" means an aspect of operation or condition of a facility or equipment that constitutes the greatest hazard to health and safety, including imminent health hazards;

(7) "Establishment" means any place or facility: (A) Where body art is performed; and (B) That has a body artist licensed in Arkansas on staff;

(A) Where body art is performed; and

(B) That has a body artist licensed in Arkansas on staff;

(8) "Guest artist" means an artist from a state other than Arkansas or a country other than the United States who: (A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or (B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including: (i) Proof of blood-borne pathogen certification; and (ii) Proof of employment in a licensed body art facility for at least two (2) years;

(A) Holds a license from the body art regulatory board or agency, if in existence, in that state or country; or

(B) If an artist license is not available in the guest artist's state or country, can submit to the department evidence of professional experience, employment, and education including: (i) Proof of blood-borne pathogen certification; and (ii) Proof of employment in a licensed body art facility for at least two (2) years;

(i) Proof of blood-borne pathogen certification; and

(ii) Proof of employment in a licensed body art facility for at least two (2) years;

(9) "Host" means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, tradeshow, or other temporary event that includes a body art demonstration booth;

(10) "Institution" means an establishment that is licensed by the department to offer postsecondary education to student artists in training through artist instructors in the field of body art;

(11) "Instrument" means equipment used during body art, including without limitation: (A) Forceps; (B) Hemostats; (C) Needles; (D) Receiving tubes; and (E) Tattoo barrels and tubes;

(A) Forceps;

(B) Hemostats;

(C) Needles;

(D) Receiving tubes; and

(E) Tattoo barrels and tubes;

(12) (A) "Permanent cosmetics" means the application of pigment placed in the skin by a needle or other instrument to beautify the body, including without limitation for the purposes of: (i) Scar camouflaging; (ii) Scalp micropigmentation; (iii) Pigment lightening; (iv) Applying permanent eyebrows, including without limitation: (a) Microblading; and (b) Manual methods; (v) Applying permanent eyeliner; (vi) Applying permanent lip liner or lip color; and (vii) Applying three-dimensional nipples and areola. (B) "Permanent cosmetics" does not include tattooing or a tattooing procedure;

(A) "Permanent cosmetics" means the application of pigment placed in the skin by a needle or other instrument to beautify the body, including without limitation for the purposes of: (i) Scar camouflaging; (ii) Scalp micropigmentation; (iii) Pigment lightening; (iv) Applying permanent eyebrows, including without limitation: (a) Microblading; and (b) Manual methods; (v) Applying permanent eyeliner; (vi) Applying permanent lip liner or lip color; and (vii) Applying three-dimensional nipples and areola.

(i) Scar camouflaging;

(ii) Scalp micropigmentation;

(iii) Pigment lightening;

(iv) Applying permanent eyebrows, including without limitation: (a) Microblading; and (b) Manual methods;

(a) Microblading; and

(b) Manual methods;

(v) Applying permanent eyeliner;

(vi) Applying permanent lip liner or lip color; and

(vii) Applying three-dimensional nipples and areola.

(B) "Permanent cosmetics" does not include tattooing or a tattooing procedure;

(13) "Scarification" means injury of the skin involving scratching, etching, or cutting of designs to produce a scar on a human being for ornamentation or decoration;

(14) "Sponsor" means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, trade show, or other temporary event that includes a body art demonstration booth;

(15) "Student artist" means a person who: (A) Is in training under the supervision of an artist instructor; and (B) Shall not perform body art without the supervision of an artist instructor;

(A) Is in training under the supervision of an artist instructor; and

(B) Shall not perform body art without the supervision of an artist instructor;

(16) "Subdermal implanting" means the insertion of an object under the skin of a live human being for ornamentation or decoration; and

(17) (A) "Tattooing" and "tattoo procedure" mean any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by introducing pigments or by the production of scars to form indelible marks with the aid of needles or other instruments. (B) "Tattooing" and "tattoo procedure" do not include permanent cosmetics.

(A) "Tattooing" and "tattoo procedure" mean any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by introducing pigments or by the production of scars to form indelible marks with the aid of needles or other instruments.

(B) "Tattooing" and "tattoo procedure" do not include permanent cosmetics.

Amended by Act 2023, No. 688,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 4, eff. 8/1/2023.

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

This section was enacted as §17-25-601, but was codified as §17-26-601 to reflect the apparent intent of the legislature.
Ark. Code Ann. § 17-104-302 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-302
License recipients
Status: in_force

(a) Any person who meets the licensing qualifications under this chapter is entitled to receive a license as a licensed perfusionist. (b) The licensed perfusionist shall: (1) Display the license in an appropriate and public manner or maintain an accurate copy of the perfusionist's license on file in the healthcare facility in which the licensed perfusionist is working; and (2) Keep the Department of Health informed of any change of address. (c) A license certificate issued by the department is the property of the department and shall be surrendered upon demand. Acts 1999, No. 888, § 9.

(a) Any person who meets the licensing qualifications under this chapter is entitled to receive a license as a licensed perfusionist.

(b) The licensed perfusionist shall: (1) Display the license in an appropriate and public manner or maintain an accurate copy of the perfusionist's license on file in the healthcare facility in which the licensed perfusionist is working; and (2) Keep the Department of Health informed of any change of address.

(1) Display the license in an appropriate and public manner or maintain an accurate copy of the perfusionist's license on file in the healthcare facility in which the licensed perfusionist is working; and

(2) Keep the Department of Health informed of any change of address.

(c) A license certificate issued by the department is the property of the department and shall be surrendered upon demand.

Acts 1999, No. 888, § 9.
Ark. Code Ann. § 17-30-204 — AR Code / Title 17 / Chapter 30 / Subchapter 2 / Section 17-30-204
Claims against board members
Status: in_force

A person making a claim against a member of the State Board of Licensure for Professional Engineers and Professional Surveyors has the burden of proving the absence of good faith. Acts 1953, No. 214, § 4; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 3.

A person making a claim against a member of the State Board of Licensure for Professional Engineers and Professional Surveyors has the burden of proving the absence of good faith.

Acts 1953, No. 214, § 4; 1969, No. 196, § 2; A.S.A. 1947, § 71-1021; Acts 2009, No. 444, § 3.
Ark. Code Ann. § 17-19-203 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-203
Character references
Status: in_force

Each applicant for a professional bail bondsman license shall: (1) File with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board written statements from at least three (3) persons who know his or her character; (2) (A) Be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and nationwide criminal records check to be conducted by the Federal Bureau of Investigation. (B) The criminal records check shall conform to the applicable federal standards and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal records check. (D) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant to the board. (E) At the conclusion of the criminal background check required by this subdivision (2), the Identification Bureau of the Division of Arkansas State Police shall promptly destroy the fingerprint card of the applicant; and (3) Provide other proof as the board may require that he or she is competent, trustworthy, financially responsible, and of good personal and business reputation and has not been convicted of a felony listed under § 17-3-102 . Amended by Act 2019, No. 990,§ 21, eff. 7/24/2019. Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1999, No. 1346, § 1.

Each applicant for a professional bail bondsman license shall:

(1) File with the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board written statements from at least three (3) persons who know his or her character;

(2) (A) Be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and nationwide criminal records check to be conducted by the Federal Bureau of Investigation. (B) The criminal records check shall conform to the applicable federal standards and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal records check. (D) Upon completion of the criminal records check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant to the board. (E) At the conclusion of the criminal background check required by this subdivision (2), the Identification Bureau of the Division of Arkansas State Police shall promptly destroy the fingerprint card of the applicant; and

(A) Be required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and nationwide criminal records check to be conducted by the Federal Bureau of Investigation.

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

(C) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal records check.

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

(E) At the conclusion of the criminal background check required by this subdivision (2), the Identification Bureau of the Division of Arkansas State Police shall promptly destroy the fingerprint card of the applicant; and

(3) Provide other proof as the board may require that he or she is competent, trustworthy, financially responsible, and of good personal and business reputation and has not been convicted of a felony listed under § 17-3-102 .

Amended by Act 2019, No. 990,§ 21, eff. 7/24/2019.

Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 1999, No. 1346, § 1.
Ark. Code Ann. § 17-36-103 — AR Code / Title 17 / Chapter 36 / Subchapter 1 / Section 17-36-103
Penalties
Status: in_force

(a) It is a misdemeanor for a person to: (1) Use the title of landscape architect, unless licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers under this chapter and § 17-15-201 et seq.; (2) Present as his or her own the license of another; (3) Give false or forged evidence to the board or any member thereof in obtaining a license; (4) Falsely impersonate any other practitioner of like or different name; (5) Use or attempt to use a license that has been revoked; (6) Otherwise violate any of the provisions of this chapter or § 17-15-201 et seq.; or (7) Practice landscape architecture, unless duly licensed under this chapter and § 17-15-201 et seq. (b) Such a misdemeanor shall be punishable by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) or imprisonment for not more than one (1) year, or both. Acts 1975, No. 353, § 4; A.S.A. 1947, § 71-2904; Acts 1995, No. 904, § 2; 2001, No. 617, § 2; 2009, No. 1367, § 16.

(a) It is a misdemeanor for a person to: (1) Use the title of landscape architect, unless licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers under this chapter and § 17-15-201 et seq.; (2) Present as his or her own the license of another; (3) Give false or forged evidence to the board or any member thereof in obtaining a license; (4) Falsely impersonate any other practitioner of like or different name; (5) Use or attempt to use a license that has been revoked; (6) Otherwise violate any of the provisions of this chapter or § 17-15-201 et seq.; or (7) Practice landscape architecture, unless duly licensed under this chapter and § 17-15-201 et seq.

(1) Use the title of landscape architect, unless licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers under this chapter and § 17-15-201 et seq.;

(2) Present as his or her own the license of another;

(3) Give false or forged evidence to the board or any member thereof in obtaining a license;

(4) Falsely impersonate any other practitioner of like or different name;

(5) Use or attempt to use a license that has been revoked;

(6) Otherwise violate any of the provisions of this chapter or § 17-15-201 et seq.; or

(7) Practice landscape architecture, unless duly licensed under this chapter and § 17-15-201 et seq.

(b) Such a misdemeanor shall be punishable by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500) or imprisonment for not more than one (1) year, or both.

Acts 1975, No. 353, § 4; A.S.A. 1947, § 71-2904; Acts 1995, No. 904, § 2; 2001, No. 617, § 2; 2009, No. 1367, § 16.
Ark. Code Ann. § 17-25-515 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-515
Actions to enforce contracts in violation of this subchapter
Status: in_force

A contractor who performs work in violation of this subchapter shall not bring an action: (1) In law or equity to enforce any provision of a contract entered into in violation of this subchapter; or (2) For quantum meruit. Amended by Act 2021, No. 1072,§ 2, eff. 1/1/2022. Acts 2011, No. 1208, § 15.

A contractor who performs work in violation of this subchapter shall not bring an action:

(1) In law or equity to enforce any provision of a contract entered into in violation of this subchapter; or

(2) For quantum meruit.

Amended by Act 2021, No. 1072,§ 2, eff. 1/1/2022.

Acts 2011, No. 1208, § 15.
Ark. Code Ann. § 17-86-102 — AR Code / Title 17 / Chapter 86 / Subchapter 1 / Section 17-86-102
Definitions
Status: in_force

As used in this chapter: (1) "Licensee" means an individual licensed under this chapter; (2) (A) "Massage therapist" means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage therapy. (B) "Massage therapist" includes a person who has previously obtained the massage therapist license under prior state law. (C) A massage therapist may: (i) Instruct continuing education programs approved by the Department of Health; and (ii) Assist in the instruction of the procedures defined in subdivisions (3)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist; (3) (A) "Massage therapy" means the treatment of soft tissues, which may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining good physical condition, comfort, and relief of pain. (B) "Massage therapy" is a healthcare service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the tissue. (C) "Massage therapy" also means to engage in the practice of any of the following procedures: (i) Massage therapy techniques and procedures, either hands-on or with mechanical devices; (ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services; (iii) Therapeutic application of hot or cold packs; (iv) Hydrotherapy techniques; (v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices; (vi) Electrotherapy; (vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and (viii) Cupping therapy; (4) "Massage therapy apprentice" means a person who is enrolled in a massage therapy apprenticeship program; (5) "Massage therapy apprenticeship program" means a program that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and is approved by the United States Office of Apprenticeship; (6) "Massage therapy clinic" means a clinic, place, premises, building, or part of a building in which a branch or any combination of branches of massage therapy or the occupation of a massage therapist is practiced; (7) (A) "Massage therapy instructor" means a person who: (i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department; (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not less than three (3) years preceding the application for an upgrade to massage therapy instructor; (iii) On or after July 1, 2010, in addition to the experience under subdivision (7)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) "Massage therapy instructor" includes a person who has previously obtained the massage therapy instructor license under prior state law. (C) Massage therapy instructors may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ; (8) "Massage therapy learning permit" means a permit issued by the Department of Health before enrollment in a massage therapy apprenticeship program or in a massage therapy school that is valid for no longer than six (6) months after completion of the apprenticeship or graduation from the massage therapy school; (9) "Massage therapy school" means a registered and licensed facility that meets and follows the required educational standards as established by § 17-86-306 and all pertinent rules established by the State Board of Health; (10) "Massage therapy spa" means a site or premises, or portion of a site or premises, in which a massage therapist practices massage; (11) "Massage therapy student" means a person who is enrolled in a licensed massage therapy school or postsecondary massage therapy school. (12) (A) "Master massage therapist" means a person who: (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; (ii) Either: (a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or (b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and (iii) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) "Master massage therapist" includes a person who has previously obtained the master massage therapist license under a prior state law. (C) Master massage therapists may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ; (13) "Postsecondary massage therapy school" means a massage therapy school that: (A) Offers a postsecondary curriculum approved by the State Board of Health; and (B) Has an enrollment in which no more than fifty percent (50%) of its students do not have a high school diploma or the recognized equivalent of a high school diploma; (14) "Sexual misconduct" includes: (A) A range of behavior used to obtain sexual gratification against another's will, at the expense of another, without the client's knowledge, engaging in sexual activity for profit, or a combination of any of these activities; (B) Massage of the genitalia, anus, and, except under specific circumstances, the breast; and (C) Sexual activity with consent of a client or at the request of a client; and (15) "This chapter" means the "Massage Therapy Act", § 17-86-101 et seq. Amended by Act 2023, No. 167,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 45,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 530,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1020,§ 5, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 4, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 3, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 2, eff. 10/1/2015. Amended by Act 2015, No. 1083,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1020,§ 6, eff. 4/2/2015. Amended by Act 2013, No. 1445,§ 1, eff. 8/16/2013. Acts 1981, No. 875, § 2; A.S.A. 1947, § 72-1202; Acts 1991, No. 1217, § 1; 1993, No. 714, § 1; 1997, No. 840, § 1; 1999, No. 1461, § 1; 2009, No. 1305, § 1.

As used in this chapter:

(1) "Licensee" means an individual licensed under this chapter;

(2) (A) "Massage therapist" means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage therapy. (B) "Massage therapist" includes a person who has previously obtained the massage therapist license under prior state law. (C) A massage therapist may: (i) Instruct continuing education programs approved by the Department of Health; and (ii) Assist in the instruction of the procedures defined in subdivisions (3)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist;

(A) "Massage therapist" means a person who has: (i) Earned a diploma from a State Board of Health accepted school of massage therapy; (ii) Passed an examination required or accepted by the State Board of Health; and (iii) Become licensed and registered to practice massage therapy.

(i) Earned a diploma from a State Board of Health accepted school of massage therapy;

(ii) Passed an examination required or accepted by the State Board of Health; and

(iii) Become licensed and registered to practice massage therapy.

(B) "Massage therapist" includes a person who has previously obtained the massage therapist license under prior state law.

(C) A massage therapist may: (i) Instruct continuing education programs approved by the Department of Health; and (ii) Assist in the instruction of the procedures defined in subdivisions (3)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist;

(i) Instruct continuing education programs approved by the Department of Health; and

(ii) Assist in the instruction of the procedures defined in subdivisions (3)(A)-(C) of this section under the direct supervision of a massage therapy instructor or master massage therapist;

(3) (A) "Massage therapy" means the treatment of soft tissues, which may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining good physical condition, comfort, and relief of pain. (B) "Massage therapy" is a healthcare service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the tissue. (C) "Massage therapy" also means to engage in the practice of any of the following procedures: (i) Massage therapy techniques and procedures, either hands-on or with mechanical devices; (ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services; (iii) Therapeutic application of hot or cold packs; (iv) Hydrotherapy techniques; (v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices; (vi) Electrotherapy; (vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and (viii) Cupping therapy;

(A) "Massage therapy" means the treatment of soft tissues, which may include skin, fascia, and muscles and their dysfunctions for therapeutic purposes of establishing and maintaining good physical condition, comfort, and relief of pain.

(B) "Massage therapy" is a healthcare service that includes gliding, kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the tissue.

(C) "Massage therapy" also means to engage in the practice of any of the following procedures: (i) Massage therapy techniques and procedures, either hands-on or with mechanical devices; (ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services; (iii) Therapeutic application of hot or cold packs; (iv) Hydrotherapy techniques; (v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices; (vi) Electrotherapy; (vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and (viii) Cupping therapy;

(i) Massage therapy techniques and procedures, either hands-on or with mechanical devices;

(ii) Therapeutic application and use of oils, herbal or chemical preparations, lubricants, nonprescription creams, lotions, scrubs, powders, and other spa services;

(iii) Therapeutic application of hot or cold packs;

(iv) Hydrotherapy techniques;

(v) Heliotherapy, which may include mechanical devices, heat lamps, and other devices;

(vi) Electrotherapy;

(vii) Any hands-on bodywork techniques and procedures rising to the level of the techniques and procedures intended to be regulated under this chapter and not covered under specific licensing laws of other boards; and

(viii) Cupping therapy;

(4) "Massage therapy apprentice" means a person who is enrolled in a massage therapy apprenticeship program;

(5) "Massage therapy apprenticeship program" means a program that meets the federal guidelines set out in 29 C.F.R. Part 29, as existing on March 1, 2021, and is approved by the United States Office of Apprenticeship;

(6) "Massage therapy clinic" means a clinic, place, premises, building, or part of a building in which a branch or any combination of branches of massage therapy or the occupation of a massage therapist is practiced;

(7) (A) "Massage therapy instructor" means a person who: (i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department; (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not less than three (3) years preceding the application for an upgrade to massage therapy instructor; (iii) On or after July 1, 2010, in addition to the experience under subdivision (7)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) "Massage therapy instructor" includes a person who has previously obtained the massage therapy instructor license under prior state law. (C) Massage therapy instructors may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(A) "Massage therapy instructor" means a person who: (i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department; (ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not less than three (3) years preceding the application for an upgrade to massage therapy instructor; (iii) On or after July 1, 2010, in addition to the experience under subdivision (7)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and (iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy.

(i) Before July 1, 2010, has completed no less than two hundred fifty (250) hours of practical experience as a master massage therapist, which may be gained, in part or in whole, as an assistant to an instructor in a massage school or may be gained, in part or in whole, as a directed instructor in a massage school and has completed no less than two hundred fifty (250) continuing education hours as approved by the department;

(ii) On or after July 1, 2010, has been an active and practicing licensee and registered as a master massage therapist for a period of not less than three (3) years preceding the application for an upgrade to massage therapy instructor;

(iii) On or after July 1, 2010, in addition to the experience under subdivision (7)(A)(i) of this section, has completed no less than two hundred fifty (250) continuing education hours as approved by the department as a licensed master massage therapist; and

(iv) Is determined by the department to be qualified to be licensed and registered to practice massage therapy.

(B) "Massage therapy instructor" includes a person who has previously obtained the massage therapy instructor license under prior state law.

(C) Massage therapy instructors may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(i) Instruct continuing education programs approved by the department;

(ii) Instruct any of the procedures in subdivision (3) of this section; and

(iii) Instruct basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(8) "Massage therapy learning permit" means a permit issued by the Department of Health before enrollment in a massage therapy apprenticeship program or in a massage therapy school that is valid for no longer than six (6) months after completion of the apprenticeship or graduation from the massage therapy school;

(9) "Massage therapy school" means a registered and licensed facility that meets and follows the required educational standards as established by § 17-86-306 and all pertinent rules established by the State Board of Health;

(10) "Massage therapy spa" means a site or premises, or portion of a site or premises, in which a massage therapist practices massage;

(11) "Massage therapy student" means a person who is enrolled in a licensed massage therapy school or postsecondary massage therapy school.

(12) (A) "Master massage therapist" means a person who: (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; (ii) Either: (a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or (b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and (iii) Is determined by the department to be qualified to be licensed and registered to practice massage therapy. (B) "Master massage therapist" includes a person who has previously obtained the master massage therapist license under a prior state law. (C) Master massage therapists may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(A) "Master massage therapist" means a person who: (i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; (ii) Either: (a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or (b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and (iii) Is determined by the department to be qualified to be licensed and registered to practice massage therapy.

(i) Before July 1, 2010, is a licensed and registered massage therapist who has completed no fewer than two hundred fifty (250) hours of practical experience as a massage therapist, which may be gained in part or in whole as an assistant to an instructor in a massage school and has completed no less than one hundred twenty-five (125) continuing education hours as approved by the department;

(ii) Either: (a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or (b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and

(a) On or after July 1, 2010, has: (1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and (2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or

(1) Been an active and practicing licensee and registered as a massage therapist for a period of not less than two (2) years preceding the application for an upgrade to master massage therapist; and

(2) In addition to the experience under subdivision (12)(A)(i) of this section, completed no less than one hundred twenty-five (125) continuing education hours as approved by the department; or

(b) On or after July 1, 2023, has: (1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and (2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and

(1) Been an active practicing licensee and registered as a massage therapist for the period of not less than twelve (12) months preceding the application for an upgrade to master massage therapist; and

(2) Completed not less than three hundred (300) hours of advanced coursework in massage therapy as part of an Associate of Applied Science degree of massage therapy from an accredited college or university; and

(iii) Is determined by the department to be qualified to be licensed and registered to practice massage therapy.

(B) "Master massage therapist" includes a person who has previously obtained the master massage therapist license under a prior state law.

(C) Master massage therapists may: (i) Instruct continuing education programs approved by the department; (ii) Instruct any of the procedures in subdivision (3) of this section; and (iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(i) Instruct continuing education programs approved by the department;

(ii) Instruct any of the procedures in subdivision (3) of this section; and

(iii) Instruct, as directed by a massage therapy instructor, basic curricula in a massage therapy school registered by the department as required by § 17-86-306(e) ;

(13) "Postsecondary massage therapy school" means a massage therapy school that: (A) Offers a postsecondary curriculum approved by the State Board of Health; and (B) Has an enrollment in which no more than fifty percent (50%) of its students do not have a high school diploma or the recognized equivalent of a high school diploma;

(A) Offers a postsecondary curriculum approved by the State Board of Health; and

(B) Has an enrollment in which no more than fifty percent (50%) of its students do not have a high school diploma or the recognized equivalent of a high school diploma;

(14) "Sexual misconduct" includes: (A) A range of behavior used to obtain sexual gratification against another's will, at the expense of another, without the client's knowledge, engaging in sexual activity for profit, or a combination of any of these activities; (B) Massage of the genitalia, anus, and, except under specific circumstances, the breast; and (C) Sexual activity with consent of a client or at the request of a client; and

(A) A range of behavior used to obtain sexual gratification against another's will, at the expense of another, without the client's knowledge, engaging in sexual activity for profit, or a combination of any of these activities;

(B) Massage of the genitalia, anus, and, except under specific circumstances, the breast; and

(C) Sexual activity with consent of a client or at the request of a client; and

(15) "This chapter" means the "Massage Therapy Act", § 17-86-101 et seq.

Amended by Act 2023, No. 167,§ 1, eff. 8/1/2023.

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

Amended by Act 2017, No. 530,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1020,§ 5, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 4, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 3, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 2, eff. 10/1/2015.

Amended by Act 2015, No. 1083,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1020,§ 6, eff. 4/2/2015.

Amended by Act 2013, No. 1445,§ 1, eff. 8/16/2013.

Acts 1981, No. 875, § 2; A.S.A. 1947, § 72-1202; Acts 1991, No. 1217, § 1; 1993, No. 714, § 1; 1997, No. 840, § 1; 1999, No. 1461, § 1; 2009, No. 1305, § 1.
Ark. Code Ann. § 17-49-106 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-106
Registration required - Penalty for violation
Status: in_force

(a) It is unlawful for any transient merchant to transact business in any county in this state unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a registration certificate and shall have otherwise complied with the requirements of this subchapter. (b) Any person or entity that transacts a temporary or transient business as defined in § 17-49-103 without having first registered in accordance with the provisions of this subchapter, or who knowingly advertises, offers for sale, or sells any goods, wares, merchandise, or services in violation of the provisions of this subchapter, shall be guilty of a Class A misdemeanor. (c) The penalty prescribed in this section shall be in addition to any other penalties prescribed by law for any criminal offense committed by the licensee. Acts 1983, No. 587, §§ 5, 11; A.S.A. 1947, §§ 71-5605, 71-5611; Acts 2007, No. 1603, § 3.

(a) It is unlawful for any transient merchant to transact business in any county in this state unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale or sold, if such are not owned by the merchant, shall have first secured a registration certificate and shall have otherwise complied with the requirements of this subchapter.

(b) Any person or entity that transacts a temporary or transient business as defined in § 17-49-103 without having first registered in accordance with the provisions of this subchapter, or who knowingly advertises, offers for sale, or sells any goods, wares, merchandise, or services in violation of the provisions of this subchapter, shall be guilty of a Class A misdemeanor.

(c) The penalty prescribed in this section shall be in addition to any other penalties prescribed by law for any criminal offense committed by the licensee.

Acts 1983, No. 587, §§ 5, 11; A.S.A. 1947, §§ 71-5605, 71-5611; Acts 2007, No. 1603, § 3.
Ark. Code Ann. § 17-100-308 — AR Code / Title 17 / Chapter 100 / Subchapter 3 / Section 17-100-308
Fees
Status: in_force

(a) The Board of Examiners in Speech-Language Pathology and Audiology shall prescribe and publish in a manner that it deems appropriate fees in amounts determined by the board for the following purposes: (1) Application for initial license; (2) Renewal of license; (3) Late penalty per month; (4) Inactivation; and (5) Reactivation. (b) The board may by rule provide for the waiver of all or part of the renewal fee if the license is issued less than one hundred twenty (120) days before the date on which it will expire. Amended by Act 2013, No. 219,§ 12, eff. 8/16/2013. Acts 1975, No. 277, § 17; A.S.A. 1947, § 72-1817; Acts 1993, No. 121, § 11.

(a) The Board of Examiners in Speech-Language Pathology and Audiology shall prescribe and publish in a manner that it deems appropriate fees in amounts determined by the board for the following purposes: (1) Application for initial license; (2) Renewal of license; (3) Late penalty per month; (4) Inactivation; and (5) Reactivation.

(1) Application for initial license;

(2) Renewal of license;

(3) Late penalty per month;

(4) Inactivation; and

(5) Reactivation.

(b) The board may by rule provide for the waiver of all or part of the renewal fee if the license is issued less than one hundred twenty (120) days before the date on which it will expire.

Amended by Act 2013, No. 219,§ 12, eff. 8/16/2013.

Acts 1975, No. 277, § 17; A.S.A. 1947, § 72-1817; Acts 1993, No. 121, § 11.
Ark. Code Ann. § 17-87-103 — AR Code / Title 17 / Chapter 87 / Subchapter 1 / Section 17-87-103
Exceptions - Definitions
Status: in_force

This chapter does not prohibit: (1) The furnishing of nursing assistance in an emergency; (2) The practice of nursing that is incidental to their program of study by students enrolled in nursing education programs approved by the Arkansas State Board of Nursing; (3) The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency while in the discharge of his or her official duties in installations where jurisdiction has been ceded by the State of Arkansas; (4) The practice of any legally qualified and licensed nurse of another state, territory, or foreign country whose responsibilities include transporting patients into, out of, or through this state while actively engaged in patient transport that does not exceed forty-eight (48) hours in this state; (5) Nursing or care of the sick when done in connection with the practice of the religious tenets of any church by its adherents; (6) The care of the sick when done in accordance with the practice of religious principles or tenets of any well-recognized church or denomination that relies upon prayer or spiritual means of healing; (7) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a graduate nurse anesthetist awaiting certification results while holding a temporary permit; (8) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a registered nurse who is enrolled as a bona fide student pursuing a course in a nurse anesthesia school that is approved by a nationally recognized accrediting body and whose graduates are acceptable for certification by a nationally recognized certifying body, provided the giving or administering of the anesthetics is confined to the educational requirements of the course and under the direct supervision of a qualified instructor; (9) Hospital-employed professional paramedics from administering medication for diagnostic procedures under the direction of a physician; (10) The prescription and administration of drugs, medicines, or therapeutic devices in the presence of and under the supervision of an advanced practice registered nurse holding a certificate of prescriptive authority, a licensed physician, or licensed dentist by a registered nurse who is enrolled as a student in an advanced pharmacology course, provided the prescription or administration of drugs or medicines, or both, is confined to the educational requirements of the course and under the direct supervision of a qualified instructor; (11) (A) The administration of glucagon or insulin, or both, to a student who is diagnosed with diabetes by trained volunteer school personnel designated as care providers in a health plan that covers diabetes management and is based on the orders of a treating physician, who have been trained by a licensed registered nurse employed by a school district or other healthcare professional to administer glucagon or insulin, or both, to a child with diabetes in an emergency situation. (B) (i) A licensed registered nurse employed by a school district or other healthcare professional shall annually train volunteer school personnel designated as care providers in a health plan of a student submitted under subdivision (11)(A) of this section to administer glucagon or insulin, or both, to a student with diabetes. (ii) If a parent or guardian of a student with diabetes chooses to have care provided by a care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin, or both, to the student by volunteer school personnel designated as care providers who shall be incorporated into the health plan of a student submitted under subdivision (11)(A) of this section. (iii) The school district shall maintain a copy of the health plan provided under subdivision (11)(A) of this section, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon or insulin, or both, and a copy of the parent's or guardian's signed authorization. (C) (i) A school district shall strive to achieve the following staffing ratios for students with diabetes at each public school, at least: (a) One (1) care provider for a public school with one (1) full-time licensed registered nurse; and (b) Three (3) care providers for a public school without one (1) full-time licensed registered nurse. (ii) The school district may recruit and identify public school personnel to serve as care providers to administer glucagon or insulin, or both, when a licensed registered nurse is not available. (iii) A school district shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity. (D) A school district, school district employee, or an agent of a school district, including a healthcare professional who trained volunteer school personnel designated as care providers and a care provider, shall not be liable for any damages resulting from his or her actions or inactions under this section. (E) The Arkansas State Board of Nursing and the State Board of Education shall promulgate rules necessary to administer this subdivision (11); (12) (A) Health maintenance activities by a designated care aide for a: (i) Competent adult at the direction of the adult; or (ii) Minor child or incompetent adult at the direction of a caretaker. (B) As used in this section: (i) "Caretaker" means a person who is: (a) Directly and personally involved in providing care for a minor child or incompetent adult; and (b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (12)(B)(i) (a) of this section; (ii) "Competent adult" means an individual who: (a) Is eighteen (18) years of age or older; and (b) Has the capability and capacity to make an informed decision; and (iii) "Health maintenance activities" means activities that: (a) Enable a minor child or adult to live in his or her home; and (b) Are beyond activities of daily living that: (1) The minor child or adult is unable to perform for himself or herself; and (2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker. (C) As used in this section, "home" does not include: (i) A nursing home; (ii) An assisted living facility; (iii) A residential care facility; (iv) An intermediate care facility; or (v) A hospice care facility. (D) The Arkansas State Board of Nursing, with the input of the Arkansas Health Care Association and the Arkansas Residential Assisted Living Association, Inc., shall promulgate rules specifying which health maintenance activities are not exempted under this subdivision (12) and the minimal qualifications required of the designated care aide; (13) The practice of nursing through a program in partnership with federal Innovative Readiness Training if the nurse has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia; (14) (A) The drawing and measuring of glucagon or insulin, or both, by a trained employee of a city or county detention center for a person who: (i) Is currently incarcerated or otherwise in custody of the city or county detention center; and (ii) Has a confirmed diagnosis of diabetes. (B) The drawing and measuring of glucagon or insulin shall be based on the orders of a treating licensed medical professional with prescribing privileges, and the employee of the county jail or detention center shall be trained in accordance with subdivision (14)(C) of this section. (C) A licensed registered nurse or other healthcare professional who is an employee or independent contractor of the city or county detention center shall annually train employees designated by the city or county detention center as employees who may draw or measure glucagon or insulin in accordance with this subdivision (14); or (15) (A) The administration of an emergency dose medication to a public school student who is diagnosed with an adrenal insufficiency by volunteer public school personnel if the public school personnel are trained to administer an emergency dose medication using the appropriate delivery equipment when a public school nurse is unavailable. (B) The administration of an emergency dose medication to a public school student with an adrenal insufficiency by trained public school personnel at school, on school grounds, or at a school-related activity may be permitted with the authorization of the parent, legal guardian, or person standing in loco parentis of the public school student if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for trained public school personnel to administer an emergency dose medication while the public school student is at public school, an on-site school-related activity, or an off-site school-sponsored activity. (C) The written authorization provided under subdivision (15)(B) of this section shall be: (i) Valid only for the duration of the school year for which it is provided; and (ii) Renewed: (a) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize trained public school personnel to administer an emergency dose medication to his or her child; and (b) If the public school student transfers to another public school in this state. (D) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (15)(B) of this section shall: (i) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student requires the administration of an emergency dose medication under certain conditions; and (ii) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation a description of the required care following the administration of an emergency dose medication while the public school student is at school, an on-site school-related activity, or an off-site school-sponsored activity. (E) A parent, legal guardian, or person standing in loco parentis who provides written authorization for the administration by trained public school personnel of an emergency dose medication to his or her child shall sign a statement: (i) Acknowledging the public school district is not liable as a result of any injury arising from the administration of an emergency dose medication by trained public school personnel; and (ii) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the administration of an emergency dose medication by trained public school personnel. (F) Education and training on the treatment of adrenal insufficiency and adrenal crisis shall be conducted annually to public school personnel who volunteer to administer an emergency dose medication by the school nurse for the public school at which the public school personnel are employed and shall include without limitation: (i) General information about adrenal insufficiency and the associated triggers; (ii) Recognition of signs and symptoms of a public school student experiencing an adrenal crisis; (iii) The types of medications for treating adrenal insufficiency and adrenal crisis; and (iv) The proper administration of medication used to treat an adrenal crisis. (G) The Division of Elementary and Secondary Education shall develop guidance and education for school nurses to train volunteer public school personnel as required under this subdivision (15). (H) The division shall, in coordination with the Arkansas State Board of Nursing, promulgate rules necessary to implement this subdivision (15). (I) As used in this subdivision (15): (i) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death; (ii) (a) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (b) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and (iii) "Emergency dose medication" means intramuscular hydrocortisone sodium succinate. Amended by Act 2021, No. 1050,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 439,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 540,§ 28, eff. 8/1/2017. Amended by Act 2017, No. 205,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 833,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1232,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 3, eff. 8/16/2013. Acts 1971, No. 432, §§ 1, 2, 17; 1979, No. 404, §§ 1, 7; 1979, No. 613, §§ 1, 2; 1980 (1st Ex. Sess.), No. 14, §§ 1, 3; 1985, No. 189, § 2; A.S.A. 1947, §§ 72-745, 72-746, 72-761; Acts 1995, No. 409, § 3; 1997, No. 1065, § 2; 2005, No. 1440, § 1; 2011, No. 1204, § 1.

This chapter does not prohibit:

(1) The furnishing of nursing assistance in an emergency;

(2) The practice of nursing that is incidental to their program of study by students enrolled in nursing education programs approved by the Arkansas State Board of Nursing;

(3) The practice of any legally qualified nurse of another state who is employed by the United States Government or any bureau, division, or agency while in the discharge of his or her official duties in installations where jurisdiction has been ceded by the State of Arkansas;

(4) The practice of any legally qualified and licensed nurse of another state, territory, or foreign country whose responsibilities include transporting patients into, out of, or through this state while actively engaged in patient transport that does not exceed forty-eight (48) hours in this state;

(5) Nursing or care of the sick when done in connection with the practice of the religious tenets of any church by its adherents;

(6) The care of the sick when done in accordance with the practice of religious principles or tenets of any well-recognized church or denomination that relies upon prayer or spiritual means of healing;

(7) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a graduate nurse anesthetist awaiting certification results while holding a temporary permit;

(8) The administration of anesthetics under the supervision of, but not necessarily in the presence of, a licensed physician, dentist, or other person lawfully entitled to order anesthesia by a registered nurse who is enrolled as a bona fide student pursuing a course in a nurse anesthesia school that is approved by a nationally recognized accrediting body and whose graduates are acceptable for certification by a nationally recognized certifying body, provided the giving or administering of the anesthetics is confined to the educational requirements of the course and under the direct supervision of a qualified instructor;

(9) Hospital-employed professional paramedics from administering medication for diagnostic procedures under the direction of a physician;

(10) The prescription and administration of drugs, medicines, or therapeutic devices in the presence of and under the supervision of an advanced practice registered nurse holding a certificate of prescriptive authority, a licensed physician, or licensed dentist by a registered nurse who is enrolled as a student in an advanced pharmacology course, provided the prescription or administration of drugs or medicines, or both, is confined to the educational requirements of the course and under the direct supervision of a qualified instructor;

(11) (A) The administration of glucagon or insulin, or both, to a student who is diagnosed with diabetes by trained volunteer school personnel designated as care providers in a health plan that covers diabetes management and is based on the orders of a treating physician, who have been trained by a licensed registered nurse employed by a school district or other healthcare professional to administer glucagon or insulin, or both, to a child with diabetes in an emergency situation. (B) (i) A licensed registered nurse employed by a school district or other healthcare professional shall annually train volunteer school personnel designated as care providers in a health plan of a student submitted under subdivision (11)(A) of this section to administer glucagon or insulin, or both, to a student with diabetes. (ii) If a parent or guardian of a student with diabetes chooses to have care provided by a care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin, or both, to the student by volunteer school personnel designated as care providers who shall be incorporated into the health plan of a student submitted under subdivision (11)(A) of this section. (iii) The school district shall maintain a copy of the health plan provided under subdivision (11)(A) of this section, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon or insulin, or both, and a copy of the parent's or guardian's signed authorization. (C) (i) A school district shall strive to achieve the following staffing ratios for students with diabetes at each public school, at least: (a) One (1) care provider for a public school with one (1) full-time licensed registered nurse; and (b) Three (3) care providers for a public school without one (1) full-time licensed registered nurse. (ii) The school district may recruit and identify public school personnel to serve as care providers to administer glucagon or insulin, or both, when a licensed registered nurse is not available. (iii) A school district shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity. (D) A school district, school district employee, or an agent of a school district, including a healthcare professional who trained volunteer school personnel designated as care providers and a care provider, shall not be liable for any damages resulting from his or her actions or inactions under this section. (E) The Arkansas State Board of Nursing and the State Board of Education shall promulgate rules necessary to administer this subdivision (11);

(A) The administration of glucagon or insulin, or both, to a student who is diagnosed with diabetes by trained volunteer school personnel designated as care providers in a health plan that covers diabetes management and is based on the orders of a treating physician, who have been trained by a licensed registered nurse employed by a school district or other healthcare professional to administer glucagon or insulin, or both, to a child with diabetes in an emergency situation.

(B) (i) A licensed registered nurse employed by a school district or other healthcare professional shall annually train volunteer school personnel designated as care providers in a health plan of a student submitted under subdivision (11)(A) of this section to administer glucagon or insulin, or both, to a student with diabetes. (ii) If a parent or guardian of a student with diabetes chooses to have care provided by a care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin, or both, to the student by volunteer school personnel designated as care providers who shall be incorporated into the health plan of a student submitted under subdivision (11)(A) of this section. (iii) The school district shall maintain a copy of the health plan provided under subdivision (11)(A) of this section, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon or insulin, or both, and a copy of the parent's or guardian's signed authorization.

(i) A licensed registered nurse employed by a school district or other healthcare professional shall annually train volunteer school personnel designated as care providers in a health plan of a student submitted under subdivision (11)(A) of this section to administer glucagon or insulin, or both, to a student with diabetes.

(ii) If a parent or guardian of a student with diabetes chooses to have care provided by a care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin, or both, to the student by volunteer school personnel designated as care providers who shall be incorporated into the health plan of a student submitted under subdivision (11)(A) of this section.

(iii) The school district shall maintain a copy of the health plan provided under subdivision (11)(A) of this section, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon or insulin, or both, and a copy of the parent's or guardian's signed authorization.

(C) (i) A school district shall strive to achieve the following staffing ratios for students with diabetes at each public school, at least: (a) One (1) care provider for a public school with one (1) full-time licensed registered nurse; and (b) Three (3) care providers for a public school without one (1) full-time licensed registered nurse. (ii) The school district may recruit and identify public school personnel to serve as care providers to administer glucagon or insulin, or both, when a licensed registered nurse is not available. (iii) A school district shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity.

(i) A school district shall strive to achieve the following staffing ratios for students with diabetes at each public school, at least: (a) One (1) care provider for a public school with one (1) full-time licensed registered nurse; and (b) Three (3) care providers for a public school without one (1) full-time licensed registered nurse.

(a) One (1) care provider for a public school with one (1) full-time licensed registered nurse; and

(b) Three (3) care providers for a public school without one (1) full-time licensed registered nurse.

(ii) The school district may recruit and identify public school personnel to serve as care providers to administer glucagon or insulin, or both, when a licensed registered nurse is not available.

(iii) A school district shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity.

(D) A school district, school district employee, or an agent of a school district, including a healthcare professional who trained volunteer school personnel designated as care providers and a care provider, shall not be liable for any damages resulting from his or her actions or inactions under this section.

(E) The Arkansas State Board of Nursing and the State Board of Education shall promulgate rules necessary to administer this subdivision (11);

(12) (A) Health maintenance activities by a designated care aide for a: (i) Competent adult at the direction of the adult; or (ii) Minor child or incompetent adult at the direction of a caretaker. (B) As used in this section: (i) "Caretaker" means a person who is: (a) Directly and personally involved in providing care for a minor child or incompetent adult; and (b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (12)(B)(i) (a) of this section; (ii) "Competent adult" means an individual who: (a) Is eighteen (18) years of age or older; and (b) Has the capability and capacity to make an informed decision; and (iii) "Health maintenance activities" means activities that: (a) Enable a minor child or adult to live in his or her home; and (b) Are beyond activities of daily living that: (1) The minor child or adult is unable to perform for himself or herself; and (2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker. (C) As used in this section, "home" does not include: (i) A nursing home; (ii) An assisted living facility; (iii) A residential care facility; (iv) An intermediate care facility; or (v) A hospice care facility. (D) The Arkansas State Board of Nursing, with the input of the Arkansas Health Care Association and the Arkansas Residential Assisted Living Association, Inc., shall promulgate rules specifying which health maintenance activities are not exempted under this subdivision (12) and the minimal qualifications required of the designated care aide;

(A) Health maintenance activities by a designated care aide for a: (i) Competent adult at the direction of the adult; or (ii) Minor child or incompetent adult at the direction of a caretaker.

(i) Competent adult at the direction of the adult; or

(ii) Minor child or incompetent adult at the direction of a caretaker.

(B) As used in this section: (i) "Caretaker" means a person who is: (a) Directly and personally involved in providing care for a minor child or incompetent adult; and (b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (12)(B)(i) (a) of this section; (ii) "Competent adult" means an individual who: (a) Is eighteen (18) years of age or older; and (b) Has the capability and capacity to make an informed decision; and (iii) "Health maintenance activities" means activities that: (a) Enable a minor child or adult to live in his or her home; and (b) Are beyond activities of daily living that: (1) The minor child or adult is unable to perform for himself or herself; and (2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker.

(i) "Caretaker" means a person who is: (a) Directly and personally involved in providing care for a minor child or incompetent adult; and (b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (12)(B)(i) (a) of this section;

(a) Directly and personally involved in providing care for a minor child or incompetent adult; and

(b) The parent, foster parent, family member, friend, or legal guardian of the minor child or incompetent adult receiving care under subdivision (12)(B)(i) (a) of this section;

(ii) "Competent adult" means an individual who: (a) Is eighteen (18) years of age or older; and (b) Has the capability and capacity to make an informed decision; and

(a) Is eighteen (18) years of age or older; and

(b) Has the capability and capacity to make an informed decision; and

(iii) "Health maintenance activities" means activities that: (a) Enable a minor child or adult to live in his or her home; and (b) Are beyond activities of daily living that: (1) The minor child or adult is unable to perform for himself or herself; and (2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker.

(a) Enable a minor child or adult to live in his or her home; and

(b) Are beyond activities of daily living that: (1) The minor child or adult is unable to perform for himself or herself; and (2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker.

(1) The minor child or adult is unable to perform for himself or herself; and

(2) The attending physician, advanced practice registered nurse, or registered nurse determines can be safely performed in the minor child's or adult's home by a designated care aide under the direction of a competent adult or caretaker.

(C) As used in this section, "home" does not include: (i) A nursing home; (ii) An assisted living facility; (iii) A residential care facility; (iv) An intermediate care facility; or (v) A hospice care facility.

(i) A nursing home;

(ii) An assisted living facility;

(iii) A residential care facility;

(iv) An intermediate care facility; or

(v) A hospice care facility.

(D) The Arkansas State Board of Nursing, with the input of the Arkansas Health Care Association and the Arkansas Residential Assisted Living Association, Inc., shall promulgate rules specifying which health maintenance activities are not exempted under this subdivision (12) and the minimal qualifications required of the designated care aide;

(13) The practice of nursing through a program in partnership with federal Innovative Readiness Training if the nurse has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia;

(14) (A) The drawing and measuring of glucagon or insulin, or both, by a trained employee of a city or county detention center for a person who: (i) Is currently incarcerated or otherwise in custody of the city or county detention center; and (ii) Has a confirmed diagnosis of diabetes. (B) The drawing and measuring of glucagon or insulin shall be based on the orders of a treating licensed medical professional with prescribing privileges, and the employee of the county jail or detention center shall be trained in accordance with subdivision (14)(C) of this section. (C) A licensed registered nurse or other healthcare professional who is an employee or independent contractor of the city or county detention center shall annually train employees designated by the city or county detention center as employees who may draw or measure glucagon or insulin in accordance with this subdivision (14); or

(A) The drawing and measuring of glucagon or insulin, or both, by a trained employee of a city or county detention center for a person who: (i) Is currently incarcerated or otherwise in custody of the city or county detention center; and (ii) Has a confirmed diagnosis of diabetes.

(i) Is currently incarcerated or otherwise in custody of the city or county detention center; and

(ii) Has a confirmed diagnosis of diabetes.

(B) The drawing and measuring of glucagon or insulin shall be based on the orders of a treating licensed medical professional with prescribing privileges, and the employee of the county jail or detention center shall be trained in accordance with subdivision (14)(C) of this section.

(C) A licensed registered nurse or other healthcare professional who is an employee or independent contractor of the city or county detention center shall annually train employees designated by the city or county detention center as employees who may draw or measure glucagon or insulin in accordance with this subdivision (14); or

(15) (A) The administration of an emergency dose medication to a public school student who is diagnosed with an adrenal insufficiency by volunteer public school personnel if the public school personnel are trained to administer an emergency dose medication using the appropriate delivery equipment when a public school nurse is unavailable. (B) The administration of an emergency dose medication to a public school student with an adrenal insufficiency by trained public school personnel at school, on school grounds, or at a school-related activity may be permitted with the authorization of the parent, legal guardian, or person standing in loco parentis of the public school student if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for trained public school personnel to administer an emergency dose medication while the public school student is at public school, an on-site school-related activity, or an off-site school-sponsored activity. (C) The written authorization provided under subdivision (15)(B) of this section shall be: (i) Valid only for the duration of the school year for which it is provided; and (ii) Renewed: (a) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize trained public school personnel to administer an emergency dose medication to his or her child; and (b) If the public school student transfers to another public school in this state. (D) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (15)(B) of this section shall: (i) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student requires the administration of an emergency dose medication under certain conditions; and (ii) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation a description of the required care following the administration of an emergency dose medication while the public school student is at school, an on-site school-related activity, or an off-site school-sponsored activity. (E) A parent, legal guardian, or person standing in loco parentis who provides written authorization for the administration by trained public school personnel of an emergency dose medication to his or her child shall sign a statement: (i) Acknowledging the public school district is not liable as a result of any injury arising from the administration of an emergency dose medication by trained public school personnel; and (ii) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the administration of an emergency dose medication by trained public school personnel. (F) Education and training on the treatment of adrenal insufficiency and adrenal crisis shall be conducted annually to public school personnel who volunteer to administer an emergency dose medication by the school nurse for the public school at which the public school personnel are employed and shall include without limitation: (i) General information about adrenal insufficiency and the associated triggers; (ii) Recognition of signs and symptoms of a public school student experiencing an adrenal crisis; (iii) The types of medications for treating adrenal insufficiency and adrenal crisis; and (iv) The proper administration of medication used to treat an adrenal crisis. (G) The Division of Elementary and Secondary Education shall develop guidance and education for school nurses to train volunteer public school personnel as required under this subdivision (15). (H) The division shall, in coordination with the Arkansas State Board of Nursing, promulgate rules necessary to implement this subdivision (15). (I) As used in this subdivision (15): (i) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death; (ii) (a) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (b) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and (iii) "Emergency dose medication" means intramuscular hydrocortisone sodium succinate.

(A) The administration of an emergency dose medication to a public school student who is diagnosed with an adrenal insufficiency by volunteer public school personnel if the public school personnel are trained to administer an emergency dose medication using the appropriate delivery equipment when a public school nurse is unavailable.

(B) The administration of an emergency dose medication to a public school student with an adrenal insufficiency by trained public school personnel at school, on school grounds, or at a school-related activity may be permitted with the authorization of the parent, legal guardian, or person standing in loco parentis of the public school student if the public school student's parent, legal guardian, or person standing in loco parentis provides written authorization for trained public school personnel to administer an emergency dose medication while the public school student is at public school, an on-site school-related activity, or an off-site school-sponsored activity.

(C) The written authorization provided under subdivision (15)(B) of this section shall be: (i) Valid only for the duration of the school year for which it is provided; and (ii) Renewed: (a) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize trained public school personnel to administer an emergency dose medication to his or her child; and (b) If the public school student transfers to another public school in this state.

(i) Valid only for the duration of the school year for which it is provided; and

(ii) Renewed: (a) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize trained public school personnel to administer an emergency dose medication to his or her child; and (b) If the public school student transfers to another public school in this state.

(a) For each subsequent school year for which the parent, legal guardian, or person standing in loco parentis intends to authorize trained public school personnel to administer an emergency dose medication to his or her child; and

(b) If the public school student transfers to another public school in this state.

(D) A parent, legal guardian, or person standing in loco parentis who provides written authorization under subdivision (15)(B) of this section shall: (i) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student requires the administration of an emergency dose medication under certain conditions; and (ii) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation a description of the required care following the administration of an emergency dose medication while the public school student is at school, an on-site school-related activity, or an off-site school-sponsored activity.

(i) Include with his or her written authorization written orders from his or her public school student's treating physician that the public school student requires the administration of an emergency dose medication under certain conditions; and

(ii) Sign an individualized healthcare plan developed by the school nurse for the public school in which his or her child with an adrenal insufficiency is enrolled that outlines the plan of care for his or her child and includes without limitation a description of the required care following the administration of an emergency dose medication while the public school student is at school, an on-site school-related activity, or an off-site school-sponsored activity.

(E) A parent, legal guardian, or person standing in loco parentis who provides written authorization for the administration by trained public school personnel of an emergency dose medication to his or her child shall sign a statement: (i) Acknowledging the public school district is not liable as a result of any injury arising from the administration of an emergency dose medication by trained public school personnel; and (ii) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the administration of an emergency dose medication by trained public school personnel.

(i) Acknowledging the public school district is not liable as a result of any injury arising from the administration of an emergency dose medication by trained public school personnel; and

(ii) Indemnifying and holding harmless the public school employees and public school district in which his or her child is enrolled against any claims arising as a result of the administration of an emergency dose medication by trained public school personnel.

(F) Education and training on the treatment of adrenal insufficiency and adrenal crisis shall be conducted annually to public school personnel who volunteer to administer an emergency dose medication by the school nurse for the public school at which the public school personnel are employed and shall include without limitation: (i) General information about adrenal insufficiency and the associated triggers; (ii) Recognition of signs and symptoms of a public school student experiencing an adrenal crisis; (iii) The types of medications for treating adrenal insufficiency and adrenal crisis; and (iv) The proper administration of medication used to treat an adrenal crisis.

(i) General information about adrenal insufficiency and the associated triggers;

(ii) Recognition of signs and symptoms of a public school student experiencing an adrenal crisis;

(iii) The types of medications for treating adrenal insufficiency and adrenal crisis; and

(iv) The proper administration of medication used to treat an adrenal crisis.

(G) The Division of Elementary and Secondary Education shall develop guidance and education for school nurses to train volunteer public school personnel as required under this subdivision (15).

(H) The division shall, in coordination with the Arkansas State Board of Nursing, promulgate rules necessary to implement this subdivision (15).

(I) As used in this subdivision (15): (i) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death; (ii) (a) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (b) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and (iii) "Emergency dose medication" means intramuscular hydrocortisone sodium succinate.

(i) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, which can lead to circulatory collapse, heart and organ failure, brain damage, and death;

(ii) (a) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury. (b) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and

(a) "Adrenal insufficiency" means a chronic medical condition in which the adrenal glands do not produce enough of the necessary hormones to respond to stressors such as illness and injury.

(b) The hormones involved help maintain and regulate key functions of the body such as blood pressure, metabolism, the immune system, and how the body responds to stress; and

(iii) "Emergency dose medication" means intramuscular hydrocortisone sodium succinate.

Amended by Act 2021, No. 1050,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 439,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 540,§ 28, eff. 8/1/2017.

Amended by Act 2017, No. 205,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 833,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1232,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 604,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 604,§ 3, eff. 8/16/2013.

Acts 1971, No. 432, §§ 1, 2, 17; 1979, No. 404, §§ 1, 7; 1979, No. 613, §§ 1, 2; 1980 (1st Ex. Sess.), No. 14, §§ 1, 3; 1985, No. 189, § 2; A.S.A. 1947, §§ 72-745, 72-746, 72-761; Acts 1995, No. 409, § 3; 1997, No. 1065, § 2; 2005, No. 1440, § 1; 2011, No. 1204, § 1.
Ark. Code Ann. § 17-38-301 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-301
License required
Status: in_force

(a) (1) No person shall engage in work as a master plumber, journeyman plumber, apprentice plumber, or restricted license holder called for under this chapter or adopted rules unless first licensed or registered to do so by the Department of Health. (2) No person other than a licensed master plumber shall use or display the title "master plumber" or append his or her name to or in connection with such a title or any other title or words that represent or may tend to represent him or her as a licensed master plumber. (b) (1) In any city or town or in any sewerage district, water district, water association, sewer association, or utility gas system, no person, firm, or corporation shall install plumbing unless a licensed master or restricted licensed plumber who shall be responsible for proper installation is in charge at all times. (2) (A) No license shall be transferable. (B) It shall be unlawful for any licensed plumber to allow the use of his or her license, directly or indirectly, for the purpose of obtaining local permits for others. (C) He or she shall not allow the use of his or her license by others to install plumbing work. (c) (1) No person shall act as a plumbing inspector in this state without first obtaining a certificate of competency as a plumbing inspector, which shall be issued by the department. (2) The department may issue special certification for special phases of plumbing and may issue an inspector-in-training certificate to duly appointed plumbing inspectors. Amended by Act 2019, No. 315,§ 1451, eff. 7/24/2019. Acts 1951, No. 200, §§ 6, 10; 1975, No. 902, § 6; A.S.A. 1947, §§ 71-1210, 71-1214; Acts 1987, No. 816, § 6; 2003, No. 1217, § 7.

(a) (1) No person shall engage in work as a master plumber, journeyman plumber, apprentice plumber, or restricted license holder called for under this chapter or adopted rules unless first licensed or registered to do so by the Department of Health. (2) No person other than a licensed master plumber shall use or display the title "master plumber" or append his or her name to or in connection with such a title or any other title or words that represent or may tend to represent him or her as a licensed master plumber.

(1) No person shall engage in work as a master plumber, journeyman plumber, apprentice plumber, or restricted license holder called for under this chapter or adopted rules unless first licensed or registered to do so by the Department of Health.

(2) No person other than a licensed master plumber shall use or display the title "master plumber" or append his or her name to or in connection with such a title or any other title or words that represent or may tend to represent him or her as a licensed master plumber.

(b) (1) In any city or town or in any sewerage district, water district, water association, sewer association, or utility gas system, no person, firm, or corporation shall install plumbing unless a licensed master or restricted licensed plumber who shall be responsible for proper installation is in charge at all times. (2) (A) No license shall be transferable. (B) It shall be unlawful for any licensed plumber to allow the use of his or her license, directly or indirectly, for the purpose of obtaining local permits for others. (C) He or she shall not allow the use of his or her license by others to install plumbing work.

(1) In any city or town or in any sewerage district, water district, water association, sewer association, or utility gas system, no person, firm, or corporation shall install plumbing unless a licensed master or restricted licensed plumber who shall be responsible for proper installation is in charge at all times.

(2) (A) No license shall be transferable. (B) It shall be unlawful for any licensed plumber to allow the use of his or her license, directly or indirectly, for the purpose of obtaining local permits for others. (C) He or she shall not allow the use of his or her license by others to install plumbing work.

(A) No license shall be transferable.

(B) It shall be unlawful for any licensed plumber to allow the use of his or her license, directly or indirectly, for the purpose of obtaining local permits for others.

(C) He or she shall not allow the use of his or her license by others to install plumbing work.

(c) (1) No person shall act as a plumbing inspector in this state without first obtaining a certificate of competency as a plumbing inspector, which shall be issued by the department. (2) The department may issue special certification for special phases of plumbing and may issue an inspector-in-training certificate to duly appointed plumbing inspectors.

(1) No person shall act as a plumbing inspector in this state without first obtaining a certificate of competency as a plumbing inspector, which shall be issued by the department.

(2) The department may issue special certification for special phases of plumbing and may issue an inspector-in-training certificate to duly appointed plumbing inspectors.

Amended by Act 2019, No. 315,§ 1451, eff. 7/24/2019.

Acts 1951, No. 200, §§ 6, 10; 1975, No. 902, § 6; A.S.A. 1947, §§ 71-1210, 71-1214; Acts 1987, No. 816, § 6; 2003, No. 1217, § 7.
Ark. Code Ann. § 17-31-102 — AR Code / Title 17 / Chapter 31 / Subchapter 1 / Section 17-31-102
Definitions
Status: in_force

As used in this chapter: (1) [Repealed.] (2) (A) "Forestry" means the science, the art, and the practice of managing, harvesting, and using the natural resources which occur on and in association with forestlands. It also means the care and management of forestlands for repeated crops of raw wood products, at annual or somewhat longer intervals, and for allied uses, such as watershed protection, recreation, wildlife, and grazing. (B) However, nothing contained in this chapter shall be construed as preventing any person, firm, partnership, or corporation from managing woodlands, forests, or trees, or from buying or selling timber, or from harvesting any products therefrom, or from performing tree planting, timber stand improvement, or other vendor services on any land, in any manner desired; (3) (A) "Practice of forestry" includes services for hire such as consultation, investigation, evaluation, planning, or responsible supervision of any forestry activity in connection with public or private lands. (B) The practice of forestry shall not include services rendered for wages, salary, or payment received for the buying, selling, cutting, handling, or processing of timber, or wages, salary, or payment received for tree planting, timber stand improvement, or other vendor service activities on the forestlands of the owner thereof or on the forestlands of another; and (4) "Registered forester" means a person holding a valid certificate of registration issued pursuant to this chapter. Amended by Act 2023, No. 691,§ 74, eff. 7/1/2023. Amended by Act 2015, No. 533,§ 1, eff. 7/22/2015. Acts 1969, No. 535, § 3; A.S.A. 1947, § 71-2403; Acts 1999, No. 993, § 2.

As used in this chapter:

(1) [Repealed.]

(2) (A) "Forestry" means the science, the art, and the practice of managing, harvesting, and using the natural resources which occur on and in association with forestlands. It also means the care and management of forestlands for repeated crops of raw wood products, at annual or somewhat longer intervals, and for allied uses, such as watershed protection, recreation, wildlife, and grazing. (B) However, nothing contained in this chapter shall be construed as preventing any person, firm, partnership, or corporation from managing woodlands, forests, or trees, or from buying or selling timber, or from harvesting any products therefrom, or from performing tree planting, timber stand improvement, or other vendor services on any land, in any manner desired;

(A) "Forestry" means the science, the art, and the practice of managing, harvesting, and using the natural resources which occur on and in association with forestlands. It also means the care and management of forestlands for repeated crops of raw wood products, at annual or somewhat longer intervals, and for allied uses, such as watershed protection, recreation, wildlife, and grazing.

(B) However, nothing contained in this chapter shall be construed as preventing any person, firm, partnership, or corporation from managing woodlands, forests, or trees, or from buying or selling timber, or from harvesting any products therefrom, or from performing tree planting, timber stand improvement, or other vendor services on any land, in any manner desired;

(3) (A) "Practice of forestry" includes services for hire such as consultation, investigation, evaluation, planning, or responsible supervision of any forestry activity in connection with public or private lands. (B) The practice of forestry shall not include services rendered for wages, salary, or payment received for the buying, selling, cutting, handling, or processing of timber, or wages, salary, or payment received for tree planting, timber stand improvement, or other vendor service activities on the forestlands of the owner thereof or on the forestlands of another; and

(A) "Practice of forestry" includes services for hire such as consultation, investigation, evaluation, planning, or responsible supervision of any forestry activity in connection with public or private lands.

(B) The practice of forestry shall not include services rendered for wages, salary, or payment received for the buying, selling, cutting, handling, or processing of timber, or wages, salary, or payment received for tree planting, timber stand improvement, or other vendor service activities on the forestlands of the owner thereof or on the forestlands of another; and

(4) "Registered forester" means a person holding a valid certificate of registration issued pursuant to this chapter.

Amended by Act 2023, No. 691,§ 74, eff. 7/1/2023.

Amended by Act 2015, No. 533,§ 1, eff. 7/22/2015.

Acts 1969, No. 535, § 3; A.S.A. 1947, § 71-2403; Acts 1999, No. 993, § 2.
Ark. Code Ann. § 17-95-301 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-301
Creation - Members
Status: in_force

(a) There is created the Arkansas State Medical Board. (b) (1) (A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years. (B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board. (2) (A) (i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate. (ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts. (iii) Two (2) members shall be appointed at large. (B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur. (3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after the Governor has consulted the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., and shall be subject to confirmation by the Senate. (4) (A) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations. (5) One (1) member shall be a qualified, licensed, and practicing osteopathic physician appointed after consulting the Arkansas Osteopathic Medical Association and shall be subject to confirmation by the Senate. (6) One (1) member shall be a qualified, licensed, and practicing physician assistant appointed by the Governor after the Governor has consulted with the Arkansas Academy of Physician Assistants, Inc., and shall be subject to confirmation by the Senate. (c) (1) The term of each member shall expire on December 31 of the year designated, and a successor appointee shall be named by the Governor on or before the expiration date of the term so expiring. (2) A member may not serve on the board for more than two (2) full terms or more than thirteen (13) years. (d) (1) Vacancies on the board occurring otherwise than as provided in this section shall be filled by appointment by the Governor within thirty (30) days thereafter. (2) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Arkansas Medical Society, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (3) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (4) In the event a vacancy exists in the member position of the licensed osteopathic physician appointed upon the advice and recommendation of the Arkansas Osteopathic Medical Association due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this subchapter for the initial appointment. (5) In the event that a vacancy exists in the position of the licensed physician assistant appointed under subsection (b) of this section due to death, resignation, or other causes, a successor to the position shall be appointed by the Governor for the remainder of the term of the licensed physician assistant in the same manner as provided in this subchapter for the initial appointment. (e) The members of the board shall take the oath prescribed by the Arkansas Constitution for state officers before entering upon the discharge of their duties. (f) (1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health. (g) Physicians appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining on the appointed term, the physician: (A) Is no longer actively practicing as a physician; or (B) Moves his or her business or residence out of the district from which he or she was appointed. (h) (1) Members of the board may be removed from the office by the Governor: (A) For good cause pursuant to § 25-16-804 ; (B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or (C) (i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106 . (ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings. (2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator. (i) A physician assistant appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining of the appointed term, the physician assistant is no longer actively practicing as a physician assistant. Amended by Act 2021, No. 634,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 386,§ 50, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4895, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4894, eff. 7/1/2019. Amended by Act 2017, No. 69,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 37, eff. 7/22/2015. Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 365, § 5; 1985, No. 850, § 1; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-602, 72-602.1, 72-618; Acts 1991, No. 255, §§ 1, 2; 1992 (1st Ex. Sess.), No. 38, § 1; 1997, No. 250, § 166; 2001, No. 464, §§ 2, 3; 2005, No. 2010, §§ 2-4; 2009, No. 1273, § 1.

(a) There is created the Arkansas State Medical Board.

(b) (1) (A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years. (B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board. (2) (A) (i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate. (ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts. (iii) Two (2) members shall be appointed at large. (B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur. (3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after the Governor has consulted the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., and shall be subject to confirmation by the Senate. (4) (A) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations. (5) One (1) member shall be a qualified, licensed, and practicing osteopathic physician appointed after consulting the Arkansas Osteopathic Medical Association and shall be subject to confirmation by the Senate. (6) One (1) member shall be a qualified, licensed, and practicing physician assistant appointed by the Governor after the Governor has consulted with the Arkansas Academy of Physician Assistants, Inc., and shall be subject to confirmation by the Senate.

(1) (A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years. (B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.

(A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years.

(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.

(2) (A) (i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate. (ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts. (iii) Two (2) members shall be appointed at large. (B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.

(A) (i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate. (ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts. (iii) Two (2) members shall be appointed at large.

(i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate.

(ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts.

(iii) Two (2) members shall be appointed at large.

(B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.

(3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after the Governor has consulted the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., and shall be subject to confirmation by the Senate.

(4) (A) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations.

(A) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine.

(B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly.

(C) Both shall be appointed from the state at large subject to confirmation by the Senate.

(D) The two (2) positions may not be held by the same person.

(E) Both shall be full voting members but shall not participate in the grading of examinations.

(5) One (1) member shall be a qualified, licensed, and practicing osteopathic physician appointed after consulting the Arkansas Osteopathic Medical Association and shall be subject to confirmation by the Senate.

(6) One (1) member shall be a qualified, licensed, and practicing physician assistant appointed by the Governor after the Governor has consulted with the Arkansas Academy of Physician Assistants, Inc., and shall be subject to confirmation by the Senate.

(c) (1) The term of each member shall expire on December 31 of the year designated, and a successor appointee shall be named by the Governor on or before the expiration date of the term so expiring. (2) A member may not serve on the board for more than two (2) full terms or more than thirteen (13) years.

(1) The term of each member shall expire on December 31 of the year designated, and a successor appointee shall be named by the Governor on or before the expiration date of the term so expiring.

(2) A member may not serve on the board for more than two (2) full terms or more than thirteen (13) years.

(d) (1) Vacancies on the board occurring otherwise than as provided in this section shall be filled by appointment by the Governor within thirty (30) days thereafter. (2) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Arkansas Medical Society, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (3) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (4) In the event a vacancy exists in the member position of the licensed osteopathic physician appointed upon the advice and recommendation of the Arkansas Osteopathic Medical Association due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this subchapter for the initial appointment. (5) In the event that a vacancy exists in the position of the licensed physician assistant appointed under subsection (b) of this section due to death, resignation, or other causes, a successor to the position shall be appointed by the Governor for the remainder of the term of the licensed physician assistant in the same manner as provided in this subchapter for the initial appointment.

(1) Vacancies on the board occurring otherwise than as provided in this section shall be filled by appointment by the Governor within thirty (30) days thereafter.

(2) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Arkansas Medical Society, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment.

(3) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment.

(4) In the event a vacancy exists in the member position of the licensed osteopathic physician appointed upon the advice and recommendation of the Arkansas Osteopathic Medical Association due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this subchapter for the initial appointment.

(5) In the event that a vacancy exists in the position of the licensed physician assistant appointed under subsection (b) of this section due to death, resignation, or other causes, a successor to the position shall be appointed by the Governor for the remainder of the term of the licensed physician assistant in the same manner as provided in this subchapter for the initial appointment.

(e) The members of the board shall take the oath prescribed by the Arkansas Constitution for state officers before entering upon the discharge of their duties.

(f) (1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health.

(1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health.

(g) Physicians appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining on the appointed term, the physician: (A) Is no longer actively practicing as a physician; or (B) Moves his or her business or residence out of the district from which he or she was appointed.

(1) Remain in active practice for the full term of the appointment; or

(2) Resign if, with more than one (1) year remaining on the appointed term, the physician: (A) Is no longer actively practicing as a physician; or (B) Moves his or her business or residence out of the district from which he or she was appointed.

(A) Is no longer actively practicing as a physician; or

(B) Moves his or her business or residence out of the district from which he or she was appointed.

(h) (1) Members of the board may be removed from the office by the Governor: (A) For good cause pursuant to § 25-16-804 ; (B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or (C) (i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106 . (ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings. (2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator.

(1) Members of the board may be removed from the office by the Governor: (A) For good cause pursuant to § 25-16-804 ; (B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or (C) (i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106 . (ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings.

(A) For good cause pursuant to § 25-16-804 ;

(B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or

(C) (i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106 . (ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings.

(i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106 .

(ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings.

(2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator.

(i) A physician assistant appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining of the appointed term, the physician assistant is no longer actively practicing as a physician assistant.

(1) Remain in active practice for the full term of the appointment; or

(2) Resign if, with more than one (1) year remaining of the appointed term, the physician assistant is no longer actively practicing as a physician assistant.

Amended by Act 2021, No. 634,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 634,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 634,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 634,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 386,§ 50, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4895, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4894, eff. 7/1/2019.

Amended by Act 2017, No. 69,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 37, eff. 7/22/2015.

Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 365, § 5; 1985, No. 850, § 1; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-602, 72-602.1, 72-618; Acts 1991, No. 255, §§ 1, 2; 1992 (1st Ex. Sess.), No. 38, § 1; 1997, No. 250, § 166; 2001, No. 464, §§ 2, 3; 2005, No. 2010, §§ 2-4; 2009, No. 1273, § 1.
Ark. Code Ann. § 17-84-304 — AR Code / Title 17 / Chapter 84 / Subchapter 3 / Section 17-84-304
Qualifications for licensure and internship
Status: in_force

(a) An applicant for a license by examination or for an internship shall: (1) Submit an application on the form and within the time prescribed by the Arkansas Board of Hearing Instrument Dispensers; (2) Pay an application fee in the amount prescribed by the board; and (3) Show to the satisfaction of the Arkansas Board of Hearing Instrument Dispensers that he or she: (A) Is twenty (20) years of age or older; and (B) Has an education equivalent of two (2) or more years of accredited college-level course work from a regionally accredited college or university. (b) An applicant who meets the qualifications set out in subsection (a) of this section shall meet at least one (1) of the following criteria: (1) (A) Complete a valid one-year employment internship during which he or she is under the direct personal and physical supervision of a sponsor who has continuously held in good standing for a period of not less than three (3) years either a valid Arkansas hearing instrument dispenser's license or a valid Arkansas audiology license. (B) The board shall determine by rule what constitutes a valid one-year employment internship; (2) Hold a National Board for Certification in Hearing Instrument Sciences certificate; (3) Be registered as a hearing instrument dispenser in good standing in another state whose licensing requirements meet or exceed the licensing requirements of the State of Arkansas at the time of his or her application; (4) Be a graduate of an American Conference of Audioprosthology program; or (5) Hold an Associate of Applied Science degree in Hearing Healthcare Practitioner or a similar degree from a regionally accredited college or university. (c) Before the beginning of the internship period, the applicant shall: (1) Receive board approval of the application and training schedule; and (2) Pay the internship fee prescribed by the board under this chapter. (d) (1) A person participating in a valid internship program as determined by the board under subdivision (b)(1)(B) of this section may take the licensing examination, written or practicum, or both, upon written recommendation of his or her sponsor after successfully completing six (6) months in the internship program. (2) If the person successfully passes the examination, he or she may complete the one-year internship program under the oversight of the sponsor without direct personal and physical supervision if he or she works out of the same place of business as the sponsor. (3) If the person fails any part of the examination, he or she shall complete the full one-year internship before reexamination. (4) (A) Any examination taken during an internship shall be considered as one (1) of three (3) attempts to pass the examination allowed under § 17-84-305(d) . (B) After three (3) failed attempts to pass the examination allowed under § 17-84-305(d) , the person shall repeat the internship application. (5) It is a violation of this chapter for any person during the course of his or her internship to practice the dispensing of hearing instruments except under: (A) The direct personal and physical supervision of his or her sponsor; or (B) The conditions set out in this subsection. Amended by Act 2019, No. 990,§ 68, eff. 7/24/2019. Amended by Act 2017, No. 373,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 373,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 373,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 1027,§ 3, eff. 7/22/2015. Acts 1969, No. 197, § 6; A.S.A. 1947, § 72-1707; Acts 1991, No. 46, § 1; 1995, No. 1342, § 3; 1999, No. 592, § 7; 2001, No. 290, § 1; 2007, No. 428, § 4.

(a) An applicant for a license by examination or for an internship shall: (1) Submit an application on the form and within the time prescribed by the Arkansas Board of Hearing Instrument Dispensers; (2) Pay an application fee in the amount prescribed by the board; and (3) Show to the satisfaction of the Arkansas Board of Hearing Instrument Dispensers that he or she: (A) Is twenty (20) years of age or older; and (B) Has an education equivalent of two (2) or more years of accredited college-level course work from a regionally accredited college or university.

(1) Submit an application on the form and within the time prescribed by the Arkansas Board of Hearing Instrument Dispensers;

(2) Pay an application fee in the amount prescribed by the board; and

(3) Show to the satisfaction of the Arkansas Board of Hearing Instrument Dispensers that he or she: (A) Is twenty (20) years of age or older; and (B) Has an education equivalent of two (2) or more years of accredited college-level course work from a regionally accredited college or university.

(A) Is twenty (20) years of age or older; and

(B) Has an education equivalent of two (2) or more years of accredited college-level course work from a regionally accredited college or university.

(b) An applicant who meets the qualifications set out in subsection (a) of this section shall meet at least one (1) of the following criteria: (1) (A) Complete a valid one-year employment internship during which he or she is under the direct personal and physical supervision of a sponsor who has continuously held in good standing for a period of not less than three (3) years either a valid Arkansas hearing instrument dispenser's license or a valid Arkansas audiology license. (B) The board shall determine by rule what constitutes a valid one-year employment internship; (2) Hold a National Board for Certification in Hearing Instrument Sciences certificate; (3) Be registered as a hearing instrument dispenser in good standing in another state whose licensing requirements meet or exceed the licensing requirements of the State of Arkansas at the time of his or her application; (4) Be a graduate of an American Conference of Audioprosthology program; or (5) Hold an Associate of Applied Science degree in Hearing Healthcare Practitioner or a similar degree from a regionally accredited college or university.

(1) (A) Complete a valid one-year employment internship during which he or she is under the direct personal and physical supervision of a sponsor who has continuously held in good standing for a period of not less than three (3) years either a valid Arkansas hearing instrument dispenser's license or a valid Arkansas audiology license. (B) The board shall determine by rule what constitutes a valid one-year employment internship;

(A) Complete a valid one-year employment internship during which he or she is under the direct personal and physical supervision of a sponsor who has continuously held in good standing for a period of not less than three (3) years either a valid Arkansas hearing instrument dispenser's license or a valid Arkansas audiology license.

(B) The board shall determine by rule what constitutes a valid one-year employment internship;

(2) Hold a National Board for Certification in Hearing Instrument Sciences certificate;

(3) Be registered as a hearing instrument dispenser in good standing in another state whose licensing requirements meet or exceed the licensing requirements of the State of Arkansas at the time of his or her application;

(4) Be a graduate of an American Conference of Audioprosthology program; or

(5) Hold an Associate of Applied Science degree in Hearing Healthcare Practitioner or a similar degree from a regionally accredited college or university.

(c) Before the beginning of the internship period, the applicant shall: (1) Receive board approval of the application and training schedule; and (2) Pay the internship fee prescribed by the board under this chapter.

(1) Receive board approval of the application and training schedule; and

(2) Pay the internship fee prescribed by the board under this chapter.

(d) (1) A person participating in a valid internship program as determined by the board under subdivision (b)(1)(B) of this section may take the licensing examination, written or practicum, or both, upon written recommendation of his or her sponsor after successfully completing six (6) months in the internship program. (2) If the person successfully passes the examination, he or she may complete the one-year internship program under the oversight of the sponsor without direct personal and physical supervision if he or she works out of the same place of business as the sponsor. (3) If the person fails any part of the examination, he or she shall complete the full one-year internship before reexamination. (4) (A) Any examination taken during an internship shall be considered as one (1) of three (3) attempts to pass the examination allowed under § 17-84-305(d) . (B) After three (3) failed attempts to pass the examination allowed under § 17-84-305(d) , the person shall repeat the internship application. (5) It is a violation of this chapter for any person during the course of his or her internship to practice the dispensing of hearing instruments except under: (A) The direct personal and physical supervision of his or her sponsor; or (B) The conditions set out in this subsection.

(1) A person participating in a valid internship program as determined by the board under subdivision (b)(1)(B) of this section may take the licensing examination, written or practicum, or both, upon written recommendation of his or her sponsor after successfully completing six (6) months in the internship program.

(2) If the person successfully passes the examination, he or she may complete the one-year internship program under the oversight of the sponsor without direct personal and physical supervision if he or she works out of the same place of business as the sponsor.

(3) If the person fails any part of the examination, he or she shall complete the full one-year internship before reexamination.

(4) (A) Any examination taken during an internship shall be considered as one (1) of three (3) attempts to pass the examination allowed under § 17-84-305(d) . (B) After three (3) failed attempts to pass the examination allowed under § 17-84-305(d) , the person shall repeat the internship application.

(A) Any examination taken during an internship shall be considered as one (1) of three (3) attempts to pass the examination allowed under § 17-84-305(d) .

(B) After three (3) failed attempts to pass the examination allowed under § 17-84-305(d) , the person shall repeat the internship application.

(5) It is a violation of this chapter for any person during the course of his or her internship to practice the dispensing of hearing instruments except under: (A) The direct personal and physical supervision of his or her sponsor; or (B) The conditions set out in this subsection.

(A) The direct personal and physical supervision of his or her sponsor; or

(B) The conditions set out in this subsection.

Amended by Act 2019, No. 990,§ 68, eff. 7/24/2019.

Amended by Act 2017, No. 373,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 373,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 373,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 1027,§ 3, eff. 7/22/2015.

Acts 1969, No. 197, § 6; A.S.A. 1947, § 72-1707; Acts 1991, No. 46, § 1; 1995, No. 1342, § 3; 1999, No. 592, § 7; 2001, No. 290, § 1; 2007, No. 428, § 4.
Ark. Code Ann. § 17-35-302 — AR Code / Title 17 / Chapter 35 / Subchapter 3 / Section 17-35-302
Requirements for registration
Status: in_force

(a) Each applicant for registration shall provide substantial evidence to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers that the applicant: (1) (A) Has passed the examination prepared and administered by the National Council for Interior Design Qualification or its successor in interest. (B) The applicant shall provide a verification from the National Council for Interior Design Qualification or its successor in interest as proof that he or she passed the examination; and (2) Is a: (A) Graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate interior design experience; (B) Graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate interior design experience; or (C) Licensed architect certified by the board. (b) Each interior design program must be accredited by the National Council for Interior Design Accreditation or its successor in interest or be an interior design program of an institution accredited by the North Central Association of Colleges and Schools, or a program determined by the board to be substantially equivalent to such accredited programs. (c) The board may accept satisfactory evidence of registration as an interior designer in another jurisdiction if the jurisdiction's requirements for registration are equal to or greater than those required for registration in this state at the date of application. (d) Every registration shall expire annually on a day designated by the board. Acts 1993, No. 847, §§ 8, 11, 14; 2009, No. 1367, § 14; 2011, No. 859, § 8.

(a) Each applicant for registration shall provide substantial evidence to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers that the applicant: (1) (A) Has passed the examination prepared and administered by the National Council for Interior Design Qualification or its successor in interest. (B) The applicant shall provide a verification from the National Council for Interior Design Qualification or its successor in interest as proof that he or she passed the examination; and (2) Is a: (A) Graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate interior design experience; (B) Graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate interior design experience; or (C) Licensed architect certified by the board.

(1) (A) Has passed the examination prepared and administered by the National Council for Interior Design Qualification or its successor in interest. (B) The applicant shall provide a verification from the National Council for Interior Design Qualification or its successor in interest as proof that he or she passed the examination; and

(A) Has passed the examination prepared and administered by the National Council for Interior Design Qualification or its successor in interest.

(B) The applicant shall provide a verification from the National Council for Interior Design Qualification or its successor in interest as proof that he or she passed the examination; and

(2) Is a: (A) Graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate interior design experience; (B) Graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate interior design experience; or (C) Licensed architect certified by the board.

(A) Graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate interior design experience;

(B) Graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate interior design experience; or

(C) Licensed architect certified by the board.

(b) Each interior design program must be accredited by the National Council for Interior Design Accreditation or its successor in interest or be an interior design program of an institution accredited by the North Central Association of Colleges and Schools, or a program determined by the board to be substantially equivalent to such accredited programs.

(c) The board may accept satisfactory evidence of registration as an interior designer in another jurisdiction if the jurisdiction's requirements for registration are equal to or greater than those required for registration in this state at the date of application.

(d) Every registration shall expire annually on a day designated by the board.

Acts 1993, No. 847, §§ 8, 11, 14; 2009, No. 1367, § 14; 2011, No. 859, § 8.