Ark. Code Ann. § 17-26-418 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-418
Cosmetology courses in public schools
Status: in_force

(a) (1) All public educational institutions operating cosmetological schools shall comply with the standards and rules promulgated by the State Board of Health. (2) (A) However, the responsibility for approval of cosmetological schools in public educational institutions shall be the sole responsibility of the Arkansas Higher Education Coordinating Board. (B) In approving a cosmetological school in a public educational institution, the Arkansas Higher Education Coordinating Board shall use the same application process and requirements as the State Board of Health uses for approval of all other cosmetological schools. (b) Such schools shall not be required to obtain a license as prescribed in this chapter. (c) Each person who successfully completes the courses in cosmetology given in a school under the public school system of this state is eligible for a license under this chapter the same as though he or she had graduated from a licensed private school of cosmetology approved by the State Board of Health. For this purpose, successful completion of courses in cosmetology given in public schools equal to and the equivalent of the courses required to be given in licensed private schools of cosmetology approved by the State Board of Health shall be deemed to be the fulfillment of the requirements of this chapter in regard to completion of courses in licensed schools of cosmetology approved by the State Board of Health. Amended by Act 2019, No. 369,§ 4, eff. 7/24/2019. Acts 1955, No. 358, Art. 8, § 14; 1965, No. 403, § 8; 1969, No. 400, § 9; A.S.A. 1947, §§ 71-865, 71-884; Acts 2007, No. 223, § 46; 2009, No. 4, § 26; 2009, No. 705, § 1.

(a) (1) All public educational institutions operating cosmetological schools shall comply with the standards and rules promulgated by the State Board of Health. (2) (A) However, the responsibility for approval of cosmetological schools in public educational institutions shall be the sole responsibility of the Arkansas Higher Education Coordinating Board. (B) In approving a cosmetological school in a public educational institution, the Arkansas Higher Education Coordinating Board shall use the same application process and requirements as the State Board of Health uses for approval of all other cosmetological schools.

(1) All public educational institutions operating cosmetological schools shall comply with the standards and rules promulgated by the State Board of Health.

(2) (A) However, the responsibility for approval of cosmetological schools in public educational institutions shall be the sole responsibility of the Arkansas Higher Education Coordinating Board. (B) In approving a cosmetological school in a public educational institution, the Arkansas Higher Education Coordinating Board shall use the same application process and requirements as the State Board of Health uses for approval of all other cosmetological schools.

(A) However, the responsibility for approval of cosmetological schools in public educational institutions shall be the sole responsibility of the Arkansas Higher Education Coordinating Board.

(B) In approving a cosmetological school in a public educational institution, the Arkansas Higher Education Coordinating Board shall use the same application process and requirements as the State Board of Health uses for approval of all other cosmetological schools.

(b) Such schools shall not be required to obtain a license as prescribed in this chapter.

(c) Each person who successfully completes the courses in cosmetology given in a school under the public school system of this state is eligible for a license under this chapter the same as though he or she had graduated from a licensed private school of cosmetology approved by the State Board of Health. For this purpose, successful completion of courses in cosmetology given in public schools equal to and the equivalent of the courses required to be given in licensed private schools of cosmetology approved by the State Board of Health shall be deemed to be the fulfillment of the requirements of this chapter in regard to completion of courses in licensed schools of cosmetology approved by the State Board of Health.

Amended by Act 2019, No. 369,§ 4, eff. 7/24/2019.

Acts 1955, No. 358, Art. 8, § 14; 1965, No. 403, § 8; 1969, No. 400, § 9; A.S.A. 1947, §§ 71-865, 71-884; Acts 2007, No. 223, § 46; 2009, No. 4, § 26; 2009, No. 705, § 1.
Ark. Code Ann. § 17-38-104 — AR Code / Title 17 / Chapter 38 / Subchapter 1 / Section 17-38-104
Inspections by state in cities having enforcement officers
Status: in_force

(a) (1) The Department of Health inspectors may go into any city that has a city code enforcement officer and assist the city code enforcement officer for the purpose of ensuring that the minimum standards of the state plumbing code and plumber licensing rules are being met. (2) A written report of all inspections performed by the department inspector under this section shall be prepared by the department inspector, and a copy of the report shall be furnished within five (5) days to the city code enforcement officer and the owner of the property on which the inspection by the department inspector and city inspector is conducted. (b) The Freedom of Information Act of 1967, § 25-19-101 et seq., shall apply to all documents compiled during an inspection conducted by the department. Amended by Act 2019, No. 315,§ 1440, eff. 7/24/2019. Acts 1987, No. 816, § 11; 2003, No. 1217, § 3.

(a) (1) The Department of Health inspectors may go into any city that has a city code enforcement officer and assist the city code enforcement officer for the purpose of ensuring that the minimum standards of the state plumbing code and plumber licensing rules are being met. (2) A written report of all inspections performed by the department inspector under this section shall be prepared by the department inspector, and a copy of the report shall be furnished within five (5) days to the city code enforcement officer and the owner of the property on which the inspection by the department inspector and city inspector is conducted.

(1) The Department of Health inspectors may go into any city that has a city code enforcement officer and assist the city code enforcement officer for the purpose of ensuring that the minimum standards of the state plumbing code and plumber licensing rules are being met.

(2) A written report of all inspections performed by the department inspector under this section shall be prepared by the department inspector, and a copy of the report shall be furnished within five (5) days to the city code enforcement officer and the owner of the property on which the inspection by the department inspector and city inspector is conducted.

(b) The Freedom of Information Act of 1967, § 25-19-101 et seq., shall apply to all documents compiled during an inspection conducted by the department.

Amended by Act 2019, No. 315,§ 1440, eff. 7/24/2019.

Acts 1987, No. 816, § 11; 2003, No. 1217, § 3.
Ark. Code Ann. § 17-26-402 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-402
Cosmetological establishments - License
Status: in_force

(a) A person, firm, or corporation desiring to operate a cosmetological establishment shall make an application to the Department of Health for a license. (b) The application shall be accompanied by the required licensing fee. Acts 1955, No. 358, Art. 7, § 2; A.S.A. 1947, § 71-849; Acts 2007, No. 223, § 33; 2009, No. 4, § 14.

(a) A person, firm, or corporation desiring to operate a cosmetological establishment shall make an application to the Department of Health for a license.

(b) The application shall be accompanied by the required licensing fee.

Acts 1955, No. 358, Art. 7, § 2; A.S.A. 1947, § 71-849; Acts 2007, No. 223, § 33; 2009, No. 4, § 14.
Ark. Code Ann. § 17-1-102 — AR Code / Title 17 / Chapter 1 / Section 17-1-102
Liability of committee members of professional societies, review organizations, and hospital medical staffs - Definition
Status: in_force

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, members of the following organizations for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after a reasonable effort to obtain facts: (1) A duly appointed committee of a state or local professional society; (2) A professional services review organization appointed pursuant to state or federal statute; or (3) A duly appointed committee of a medical staff of a licensed hospital, provided that the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital. (b) "Professional society" as used in this section, includes societies of the healing arts, legal, accounting, architectural, and engineering professions having as members at least a majority of the eligible licentiates in the profession served by the particular body. Acts 1975, No. 634, § 1; A.S.A. 1947, § 71-5101.

(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, members of the following organizations for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after a reasonable effort to obtain facts: (1) A duly appointed committee of a state or local professional society; (2) A professional services review organization appointed pursuant to state or federal statute; or (3) A duly appointed committee of a medical staff of a licensed hospital, provided that the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital.

(1) A duly appointed committee of a state or local professional society;

(2) A professional services review organization appointed pursuant to state or federal statute; or

(3) A duly appointed committee of a medical staff of a licensed hospital, provided that the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital.

(b) "Professional society" as used in this section, includes societies of the healing arts, legal, accounting, architectural, and engineering professions having as members at least a majority of the eligible licentiates in the profession served by the particular body.

Acts 1975, No. 634, § 1; A.S.A. 1947, § 71-5101.
Ark. Code Ann. § 17-14-306 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-306
Additional licenses - Nonresidents
Status: in_force

(a) (1) Every applicant for registration, licensure, or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., who is not a resident of this state shall submit with the application for registration, licensure, or certification an irrevocable consent that service of process upon him or her may be made by delivery of the process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser, the plaintiff cannot effect personal service upon the applicant. (2) A nonresident of this state who has complied with this provision may obtain a license or certification as a state-licensed appraiser or a state-certified appraiser by complying with the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., relating to state-registered appraisers, state-licensed appraisers, or state-certified appraisers, including the payment of a fee. (b) (1) If, in the determination by the State Board of Appraisers, Abstracters, and Home Inspectors, another state is deemed to have substantially equivalent licensing and certification requirements, an applicant who is licensed or certified under the laws of the other state may obtain a nonresident license or certificate as a state-licensed appraiser or a state-certified appraiser in this state upon such terms and conditions as may be determined by the board. (2) An appropriate fee is to be charged. Amended by Act 2023, No. 628,§ 32, eff. 7/1/2023. Amended by Act 2019, No. 514,§ 12, eff. 7/24/2019. Acts 1991, No. 416, § 8; 1991, No. 541, § 8; 1993, No. 413, § 6; 2001, No. 1256, § 14; 2009, No. 628, § 18.

(a) (1) Every applicant for registration, licensure, or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., who is not a resident of this state shall submit with the application for registration, licensure, or certification an irrevocable consent that service of process upon him or her may be made by delivery of the process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser, the plaintiff cannot effect personal service upon the applicant. (2) A nonresident of this state who has complied with this provision may obtain a license or certification as a state-licensed appraiser or a state-certified appraiser by complying with the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., relating to state-registered appraisers, state-licensed appraisers, or state-certified appraisers, including the payment of a fee.

(1) Every applicant for registration, licensure, or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., who is not a resident of this state shall submit with the application for registration, licensure, or certification an irrevocable consent that service of process upon him or her may be made by delivery of the process to the Secretary of State if, in an action against the applicant in a court of this state arising out of the applicant's activities as a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser, the plaintiff cannot effect personal service upon the applicant.

(2) A nonresident of this state who has complied with this provision may obtain a license or certification as a state-licensed appraiser or a state-certified appraiser by complying with the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., relating to state-registered appraisers, state-licensed appraisers, or state-certified appraisers, including the payment of a fee.

(b) (1) If, in the determination by the State Board of Appraisers, Abstracters, and Home Inspectors, another state is deemed to have substantially equivalent licensing and certification requirements, an applicant who is licensed or certified under the laws of the other state may obtain a nonresident license or certificate as a state-licensed appraiser or a state-certified appraiser in this state upon such terms and conditions as may be determined by the board. (2) An appropriate fee is to be charged.

(1) If, in the determination by the State Board of Appraisers, Abstracters, and Home Inspectors, another state is deemed to have substantially equivalent licensing and certification requirements, an applicant who is licensed or certified under the laws of the other state may obtain a nonresident license or certificate as a state-licensed appraiser or a state-certified appraiser in this state upon such terms and conditions as may be determined by the board.

(2) An appropriate fee is to be charged.

Amended by Act 2023, No. 628,§ 32, eff. 7/1/2023.

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

Acts 1991, No. 416, § 8; 1991, No. 541, § 8; 1993, No. 413, § 6; 2001, No. 1256, § 14; 2009, No. 628, § 18.
Ark. Code Ann. § 17-25-401 — AR Code / Title 17 / Chapter 25 / Subchapter 4 / Section 17-25-401
Definition
Status: in_force

(a) (1) As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) As used in this subchapter, "contractor" includes: (A) All original, prime, and general contractors; and (B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq. (b) However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than fifty thousand dollars ($50,000), the person or entity shall not be deemed a contractor under this chapter. Amended by Act 2019, No. 805,§ 19, eff. 7/1/2020. Amended by Act 2017, No. 252,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1048,§ 4, eff. 7/22/2015. Acts 1987, No. 162, § 1; 1989, No. 487, § 1; 1991, No. 783, § 1.

(a) (1) As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure. (2) As used in this subchapter, "contractor" includes: (A) All original, prime, and general contractors; and (B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq.

(1) As used in this subchapter, "contractor" means a person, firm, joint venture, partnership, copartnership, association, corporation, or other organization engaged in the business of the construction, alteration, dismantling, demolition, or repairing of roads, bridges, viaducts, sewers, water and gas mains, streets, disposal plants, water filters, tanks, towers, airports, buildings, dams, levees, canals, railways and rail facilities, oil and gas wells, water wells, pipelines, refineries, industrial or processing plants, chemical plants, power plants, electric, telephone, or any other type of energy or message transmission lines or equipment, or any other kind of improvement or structure.

(2) As used in this subchapter, "contractor" includes: (A) All original, prime, and general contractors; and (B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq.

(A) All original, prime, and general contractors; and

(B) A contractor who is required to obtain a contractor's license or registration under the state licensing law of this state, § 17-25-101 et seq.

(b) However, when a person or entity acts as a contractor in the construction, erection, alteration, or repair of his or her own or its own property or of a single-family residence, or if the cost of the work to be done, including, but not limited to, labor and materials, is less than fifty thousand dollars ($50,000), the person or entity shall not be deemed a contractor under this chapter.

Amended by Act 2019, No. 805,§ 19, eff. 7/1/2020.

Amended by Act 2017, No. 252,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1048,§ 4, eff. 7/22/2015.

Acts 1987, No. 162, § 1; 1989, No. 487, § 1; 1991, No. 783, § 1.
Ark. Code Ann. § 17-21-103 — AR Code / Title 17 / Chapter 21 / Subchapter 1 / Section 17-21-103
Rules
Status: in_force

The Secretary of the Department of Finance and Administration may adopt rules to administer the provisions of this chapter. The rules shall be adopted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1369, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3420, eff. 7/1/2019. Acts 1991, No. 101, § 4.

The Secretary of the Department of Finance and Administration may adopt rules to administer the provisions of this chapter. The rules shall be adopted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1369, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3420, eff. 7/1/2019.

Acts 1991, No. 101, § 4.
Ark. Code Ann. § 17-42-510 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-510
Education fees
Status: in_force

(a) The Arkansas Real Estate Commission may charge and collect the following fees annually: (1) An original license fee for each main school not to exceed five hundred dollars ($500); (2) An original license fee for each branch school not to exceed three hundred dollars ($300); (3) A renewal fee for each main school not to exceed four hundred dollars ($400); (4) A renewal fee for each branch school not to exceed two hundred dollars ($200); (5) An administrator license application fee not to exceed two hundred dollars ($200); (6) An administrator license renewal fee not to exceed one hundred dollars ($100); (7) A principal instructor license application fee not to exceed two hundred fifty dollars ($250); (8) A principal instructor license renewal fee not to exceed one hundred fifty dollars ($150); (9) An associate instructor license application fee not to exceed two hundred dollars ($200); (10) An associate instructor license renewal fee not to exceed one hundred dollars ($100); (11) A license amendment fee not to exceed one hundred dollars ($100); (12) A license reissuance fee not to exceed fifty dollars ($50.00); (13) A course approval fee not to exceed one hundred dollars ($100) for each approved course; (14) A course approval renewal fee not to exceed fifty dollars ($50.00) for each approved course; (15) A late renewal fee for a license or course approval not to exceed two hundred fifty dollars ($250); and (16) For an appeal of the dismissal of a complaint by the Executive Director of the Arkansas Real Estate Commission, a filing fee not to exceed one hundred dollars ($100). (b) Except for the fees for course approval and course approval renewal, state agencies and full-time accredited college or university instructors are exempt from the fees in this subchapter. Amended by Act 2019, No. 386,§ 25, eff. 7/24/2019. Amended by Act 2015, No. 1156,§ 7, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) The Arkansas Real Estate Commission may charge and collect the following fees annually: (1) An original license fee for each main school not to exceed five hundred dollars ($500); (2) An original license fee for each branch school not to exceed three hundred dollars ($300); (3) A renewal fee for each main school not to exceed four hundred dollars ($400); (4) A renewal fee for each branch school not to exceed two hundred dollars ($200); (5) An administrator license application fee not to exceed two hundred dollars ($200); (6) An administrator license renewal fee not to exceed one hundred dollars ($100); (7) A principal instructor license application fee not to exceed two hundred fifty dollars ($250); (8) A principal instructor license renewal fee not to exceed one hundred fifty dollars ($150); (9) An associate instructor license application fee not to exceed two hundred dollars ($200); (10) An associate instructor license renewal fee not to exceed one hundred dollars ($100); (11) A license amendment fee not to exceed one hundred dollars ($100); (12) A license reissuance fee not to exceed fifty dollars ($50.00); (13) A course approval fee not to exceed one hundred dollars ($100) for each approved course; (14) A course approval renewal fee not to exceed fifty dollars ($50.00) for each approved course; (15) A late renewal fee for a license or course approval not to exceed two hundred fifty dollars ($250); and (16) For an appeal of the dismissal of a complaint by the Executive Director of the Arkansas Real Estate Commission, a filing fee not to exceed one hundred dollars ($100).

(1) An original license fee for each main school not to exceed five hundred dollars ($500);

(2) An original license fee for each branch school not to exceed three hundred dollars ($300);

(3) A renewal fee for each main school not to exceed four hundred dollars ($400);

(4) A renewal fee for each branch school not to exceed two hundred dollars ($200);

(5) An administrator license application fee not to exceed two hundred dollars ($200);

(6) An administrator license renewal fee not to exceed one hundred dollars ($100);

(7) A principal instructor license application fee not to exceed two hundred fifty dollars ($250);

(8) A principal instructor license renewal fee not to exceed one hundred fifty dollars ($150);

(9) An associate instructor license application fee not to exceed two hundred dollars ($200);

(10) An associate instructor license renewal fee not to exceed one hundred dollars ($100);

(11) A license amendment fee not to exceed one hundred dollars ($100);

(12) A license reissuance fee not to exceed fifty dollars ($50.00);

(13) A course approval fee not to exceed one hundred dollars ($100) for each approved course;

(14) A course approval renewal fee not to exceed fifty dollars ($50.00) for each approved course;

(15) A late renewal fee for a license or course approval not to exceed two hundred fifty dollars ($250); and

(16) For an appeal of the dismissal of a complaint by the Executive Director of the Arkansas Real Estate Commission, a filing fee not to exceed one hundred dollars ($100).

(b) Except for the fees for course approval and course approval renewal, state agencies and full-time accredited college or university instructors are exempt from the fees in this subchapter.

Amended by Act 2019, No. 386,§ 25, eff. 7/24/2019.

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

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-93-203 — AR Code / Title 17 / Chapter 93 / Subchapter 2 / Section 17-93-203
Disposition of funds
Status: in_force

(a) (1) All fees and other moneys received by the Arkansas State Board of Physical Therapy under this chapter shall be deposited into a financial institution in this state and expended solely for the purposes of this chapter. (2) No part of these funds shall revert to the general funds of this state. (b) (1) The compensation provided by this chapter and all expenses incurred under this chapter shall be paid from these funds. (2) Compensation or expenses incurred under this chapter shall not be a charge against the general funds of this state. (c) The board shall file an annual report of its activities with the Department of Finance and Administration, and the report shall include a statement of all receipts and disbursements. Acts 1991, No. 1232, § 2; 2009, No. 1471, § 3; 2011, No. 859, § 11.

(a) (1) All fees and other moneys received by the Arkansas State Board of Physical Therapy under this chapter shall be deposited into a financial institution in this state and expended solely for the purposes of this chapter. (2) No part of these funds shall revert to the general funds of this state.

(1) All fees and other moneys received by the Arkansas State Board of Physical Therapy under this chapter shall be deposited into a financial institution in this state and expended solely for the purposes of this chapter.

(2) No part of these funds shall revert to the general funds of this state.

(b) (1) The compensation provided by this chapter and all expenses incurred under this chapter shall be paid from these funds. (2) Compensation or expenses incurred under this chapter shall not be a charge against the general funds of this state.

(1) The compensation provided by this chapter and all expenses incurred under this chapter shall be paid from these funds.

(2) Compensation or expenses incurred under this chapter shall not be a charge against the general funds of this state.

(c) The board shall file an annual report of its activities with the Department of Finance and Administration, and the report shall include a statement of all receipts and disbursements.

Acts 1991, No. 1232, § 2; 2009, No. 1471, § 3; 2011, No. 859, § 11.
Ark. Code Ann. § 17-26-604 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-604
Local health officials
Status: in_force

(a) Any city or county department of health may periodically inspect body art establishments on the basis of compliance with state, city, or county sanitary regulations. (b) The governing body of any municipality or county may adopt by ordinance local sanitary regulations of body art establishments. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) Any city or county department of health may periodically inspect body art establishments on the basis of compliance with state, city, or county sanitary regulations.

(b) The governing body of any municipality or county may adopt by ordinance local sanitary regulations of body art establishments.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-87-707 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-707
Disciplinary actions
Status: in_force

(a) The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any medication assistive person certificate issued by the board or applied for in accordance with the provisions of this subchapter or to otherwise discipline a certificate holder upon proof that the person: (1) Has been found guilty of or pleads guilty or nolo contendere to: (A) Fraud or deceit in procuring or attempting to procure a medication assistive person certificate; or (B) Providing services as a medication assistive person without a valid certificate; (2) Is unfit or incompetent by reason of negligence, habits, or other causes; (3) Is habitually intemperate or is addicted to the use of habit-forming drugs; (4) Is mentally incompetent; (5) Is guilty of unprofessional conduct; (6) Has had a license, certificate, or registration revoked or suspended; (7) Has been placed on probation or under disciplinary order in any jurisdiction; (8) Has voluntarily surrendered a license, certification, or registration and has not been reinstated in any jurisdiction; or (9) Has willfully or repeatedly violated any of the provisions of this subchapter. (b) The board shall refuse to issue or shall revoke the certificate of any person who would be disqualified from employment under the provisions of § 20-33-213 . (c) Proceedings under this section shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 990,§ 77, eff. 7/24/2019. Acts 2005, No. 1423, § 4; 2009, No. 762, § 2.

(a) The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any medication assistive person certificate issued by the board or applied for in accordance with the provisions of this subchapter or to otherwise discipline a certificate holder upon proof that the person: (1) Has been found guilty of or pleads guilty or nolo contendere to: (A) Fraud or deceit in procuring or attempting to procure a medication assistive person certificate; or (B) Providing services as a medication assistive person without a valid certificate; (2) Is unfit or incompetent by reason of negligence, habits, or other causes; (3) Is habitually intemperate or is addicted to the use of habit-forming drugs; (4) Is mentally incompetent; (5) Is guilty of unprofessional conduct; (6) Has had a license, certificate, or registration revoked or suspended; (7) Has been placed on probation or under disciplinary order in any jurisdiction; (8) Has voluntarily surrendered a license, certification, or registration and has not been reinstated in any jurisdiction; or (9) Has willfully or repeatedly violated any of the provisions of this subchapter.

(1) Has been found guilty of or pleads guilty or nolo contendere to: (A) Fraud or deceit in procuring or attempting to procure a medication assistive person certificate; or (B) Providing services as a medication assistive person without a valid certificate;

(A) Fraud or deceit in procuring or attempting to procure a medication assistive person certificate; or

(B) Providing services as a medication assistive person without a valid certificate;

(2) Is unfit or incompetent by reason of negligence, habits, or other causes;

(3) Is habitually intemperate or is addicted to the use of habit-forming drugs;

(4) Is mentally incompetent;

(5) Is guilty of unprofessional conduct;

(6) Has had a license, certificate, or registration revoked or suspended;

(7) Has been placed on probation or under disciplinary order in any jurisdiction;

(8) Has voluntarily surrendered a license, certification, or registration and has not been reinstated in any jurisdiction; or

(9) Has willfully or repeatedly violated any of the provisions of this subchapter.

(b) The board shall refuse to issue or shall revoke the certificate of any person who would be disqualified from employment under the provisions of § 20-33-213 .

(c) Proceedings under this section shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 990,§ 77, eff. 7/24/2019.

Acts 2005, No. 1423, § 4; 2009, No. 762, § 2.
Ark. Code Ann. § 17-40-302 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-302
Fees
Status: in_force

(a) The Director of the Division of Arkansas State Police may assess fees under this chapter as follows: (1) For an initial application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $600; (C) Class B license............... $600; (D) Class C license............... $850; (E) Class D license............... $300; (F) Class E-M license............... $600; (G) Class E Restricted license............... $600; (H) Class E-S license............... $600; (I) Class E Unrestricted license............... $600; (J) Class G license............... $1,200; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $450; (2) For a renewal application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $300; (C) Class B license............... $300; (D) Class C license............... $500; (E) Class D license............... $150; (F) Class E-M license............... $300; (G) Class E Restricted license............... $300; (H) Class E-S license............... $300; (I) Class E Unrestricted license............... $300; (J) Class G license............... $600; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $150; and (3) For the following: (A) Replacement credential or commission photo identification card............... $5.00; (B) Duplicate wall-mounted license............... $10.00; (C) Late renewal fee for a: (i) Class A license............... $150; (ii) Class B license............... $150; (iii) Class C license............... $250; (iv) Class D license............... $75.00; (v) Class E license, any version............... $150; and (vi) Class G license............... $300; and (D) Transfer fee for: (i) A credentialed private investigator............... $75.00; and (ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $20.00. (b) Applicable state and national criminal background check fees are as set under the Arkansas State Criminal Records Act, § 12-12-1501 et seq., or by the Federal Bureau of Investigation. (c) All fees under this section are nonrefundable. Amended by Act 2019, No. 910,§ 5970, eff. 7/1/2019. Added by Act 2015, No. 393,§ 58, eff. 9/1/2015.

(a) The Director of the Division of Arkansas State Police may assess fees under this chapter as follows: (1) For an initial application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $600; (C) Class B license............... $600; (D) Class C license............... $850; (E) Class D license............... $300; (F) Class E-M license............... $600; (G) Class E Restricted license............... $600; (H) Class E-S license............... $600; (I) Class E Unrestricted license............... $600; (J) Class G license............... $1,200; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $450; (2) For a renewal application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $300; (C) Class B license............... $300; (D) Class C license............... $500; (E) Class D license............... $150; (F) Class E-M license............... $300; (G) Class E Restricted license............... $300; (H) Class E-S license............... $300; (I) Class E Unrestricted license............... $300; (J) Class G license............... $600; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $150; and (3) For the following: (A) Replacement credential or commission photo identification card............... $5.00; (B) Duplicate wall-mounted license............... $10.00; (C) Late renewal fee for a: (i) Class A license............... $150; (ii) Class B license............... $150; (iii) Class C license............... $250; (iv) Class D license............... $75.00; (v) Class E license, any version............... $150; and (vi) Class G license............... $300; and (D) Transfer fee for: (i) A credentialed private investigator............... $75.00; and (ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $20.00.

(1) For an initial application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $600; (C) Class B license............... $600; (D) Class C license............... $850; (E) Class D license............... $300; (F) Class E-M license............... $600; (G) Class E Restricted license............... $600; (H) Class E-S license............... $600; (I) Class E Unrestricted license............... $600; (J) Class G license............... $1,200; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $450;

(A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00;

(B) Class A license............... $600;

(C) Class B license............... $600;

(D) Class C license............... $850;

(E) Class D license............... $300;

(F) Class E-M license............... $600;

(G) Class E Restricted license............... $600;

(H) Class E-S license............... $600;

(I) Class E Unrestricted license............... $600;

(J) Class G license............... $1,200;

(K) Security guard credential............... $40.00; and

(L) Credentialed private investigator............... $450;

(2) For a renewal application: (A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00; (B) Class A license............... $300; (C) Class B license............... $300; (D) Class C license............... $500; (E) Class D license............... $150; (F) Class E-M license............... $300; (G) Class E Restricted license............... $300; (H) Class E-S license............... $300; (I) Class E Unrestricted license............... $300; (J) Class G license............... $600; (K) Security guard credential............... $40.00; and (L) Credentialed private investigator............... $150; and

(A) Alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $40.00;

(B) Class A license............... $300;

(C) Class B license............... $300;

(D) Class C license............... $500;

(E) Class D license............... $150;

(F) Class E-M license............... $300;

(G) Class E Restricted license............... $300;

(H) Class E-S license............... $300;

(I) Class E Unrestricted license............... $300;

(J) Class G license............... $600;

(K) Security guard credential............... $40.00; and

(L) Credentialed private investigator............... $150; and

(3) For the following: (A) Replacement credential or commission photo identification card............... $5.00; (B) Duplicate wall-mounted license............... $10.00; (C) Late renewal fee for a: (i) Class A license............... $150; (ii) Class B license............... $150; (iii) Class C license............... $250; (iv) Class D license............... $75.00; (v) Class E license, any version............... $150; and (vi) Class G license............... $300; and (D) Transfer fee for: (i) A credentialed private investigator............... $75.00; and (ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $20.00.

(A) Replacement credential or commission photo identification card............... $5.00;

(B) Duplicate wall-mounted license............... $10.00;

(C) Late renewal fee for a: (i) Class A license............... $150; (ii) Class B license............... $150; (iii) Class C license............... $250; (iv) Class D license............... $75.00; (v) Class E license, any version............... $150; and (vi) Class G license............... $300; and

(i) Class A license............... $150;

(ii) Class B license............... $150;

(iii) Class C license............... $250;

(iv) Class D license............... $75.00;

(v) Class E license, any version............... $150; and

(vi) Class G license............... $300; and

(D) Transfer fee for: (i) A credentialed private investigator............... $75.00; and (ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $20.00.

(i) A credentialed private investigator............... $75.00; and

(ii) An alarm systems agent, alarm systems apprentice, alarm systems technician, or alarm systems monitor credential............... $20.00.

(b) Applicable state and national criminal background check fees are as set under the Arkansas State Criminal Records Act, § 12-12-1501 et seq., or by the Federal Bureau of Investigation.

(c) All fees under this section are nonrefundable.

Amended by Act 2019, No. 910,§ 5970, eff. 7/1/2019.

Added by Act 2015, No. 393,§ 58, eff. 9/1/2015.
Ark. Code Ann. § 17-92-112 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-112
[Repealed]
Status: repealed

Repealed by Act 2019, No. 309,§ 2, eff. 7/24/2019. Acts 1999, No. 851, § 24.

Repealed by Act 2019, No. 309,§ 2, eff. 7/24/2019.

Acts 1999, No. 851, § 24.
Ark. Code Ann. § 17-107-203 — AR Code / Title 17 / Chapter 107 / Subchapter 2 / Section 17-107-203
Power to issue subpoenas and subpoenas duces tecum
Status: in_force

(a) In connection with its investigations and hearings, the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may: (1) Issue a subpoena to require any individual who has information germane to an investigation or a hearing conducted by the board to testify before the board; and (2) Issue a subpoena duces tecum to require to be transmitted to the board any book, writing, document, or other paper or thing that is germane to an investigation or a hearing conducted by the board. (b) (1) Service of a subpoena or a subpoena duces tecum shall be as provided by law for the service of a subpoena or a subpoena duces tecum in a civil case in a circuit court of this state. The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be the same as provided by law for a proceeding in a civil case in a circuit court of this state. (2) (A) The board shall issue a subpoena or a subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be paid by the party at whose request the witness is subpoenaed. (c) (1) If an individual has been served with a subpoena or a subpoena duces tecum as provided in this section and fails to comply with the subpoena or the subpoena duces tecum, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the individual and directing that the individual be brought before the court. (2) The circuit court may punish the disobedient individual for contempt as provided by law for a proceeding of a civil case in a circuit court of this state. Acts 2007, No. 174, § 1.

(a) In connection with its investigations and hearings, the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may: (1) Issue a subpoena to require any individual who has information germane to an investigation or a hearing conducted by the board to testify before the board; and (2) Issue a subpoena duces tecum to require to be transmitted to the board any book, writing, document, or other paper or thing that is germane to an investigation or a hearing conducted by the board.

(1) Issue a subpoena to require any individual who has information germane to an investigation or a hearing conducted by the board to testify before the board; and

(2) Issue a subpoena duces tecum to require to be transmitted to the board any book, writing, document, or other paper or thing that is germane to an investigation or a hearing conducted by the board.

(b) (1) Service of a subpoena or a subpoena duces tecum shall be as provided by law for the service of a subpoena or a subpoena duces tecum in a civil case in a circuit court of this state. The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be the same as provided by law for a proceeding in a civil case in a circuit court of this state. (2) (A) The board shall issue a subpoena or a subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be paid by the party at whose request the witness is subpoenaed.

(1) Service of a subpoena or a subpoena duces tecum shall be as provided by law for the service of a subpoena or a subpoena duces tecum in a civil case in a circuit court of this state. The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be the same as provided by law for a proceeding in a civil case in a circuit court of this state.

(2) (A) The board shall issue a subpoena or a subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be paid by the party at whose request the witness is subpoenaed.

(A) The board shall issue a subpoena or a subpoena duces tecum upon the request of any party to a hearing before the board.

(B) The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be paid by the party at whose request the witness is subpoenaed.

(c) (1) If an individual has been served with a subpoena or a subpoena duces tecum as provided in this section and fails to comply with the subpoena or the subpoena duces tecum, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the individual and directing that the individual be brought before the court. (2) The circuit court may punish the disobedient individual for contempt as provided by law for a proceeding of a civil case in a circuit court of this state.

(1) If an individual has been served with a subpoena or a subpoena duces tecum as provided in this section and fails to comply with the subpoena or the subpoena duces tecum, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the individual and directing that the individual be brought before the court.

(2) The circuit court may punish the disobedient individual for contempt as provided by law for a proceeding of a civil case in a circuit court of this state.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-27-415 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-415
Funding of board
Status: in_force

All moneys received by the State Board of Examiners of Alcoholism and Drug Abuse Counselors under this subchapter shall be deposited into one (1) or more financial institutions in this state. The moneys shall be used for the operation of the board. Acts 1999, No. 1588, § 15.

All moneys received by the State Board of Examiners of Alcoholism and Drug Abuse Counselors under this subchapter shall be deposited into one (1) or more financial institutions in this state. The moneys shall be used for the operation of the board.

Acts 1999, No. 1588, § 15.
Ark. Code Ann. § 17-95-209 — AR Code / Title 17 / Chapter 95 / Subchapter 2 / Section 17-95-209
Regulation of office-based surgery
Status: in_force

Within eighteen (18) months after August 16, 2013, the Arkansas State Medical Board shall adopt rules to be followed by a physician who performs office-based surgery. Added by Act 2013, No. 587,§ 2, eff. 8/16/2013.

Within eighteen (18) months after August 16, 2013, the Arkansas State Medical Board shall adopt rules to be followed by a physician who performs office-based surgery.

Added by Act 2013, No. 587,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 17-42-202 — AR Code / Title 17 / Chapter 42 / Subchapter 2 / Section 17-42-202
Organization - Employees
Status: in_force

(a) (1) Immediately upon the qualification of the member appointed in each year, the Arkansas Real Estate Commission shall meet and organize by selecting from its members a chair and vice chair. (2) A simple majority shall constitute a quorum. (3) The commission shall meet as often as necessary or desirable in order to conduct its business. (b) (1) The commission shall employ an executive director and such staff as may be necessary to carry out the provisions of this chapter and to put into effect the rules the commission may promulgate. (2) The Executive Director of the Arkansas Real Estate Commission shall have such duties, authority, and responsibility as the commission may designate, or as necessarily implied herein. (3) The commission shall fix the salaries of employees. Amended by Act 2019, No. 315,§ 1459, eff. 7/24/2019. Acts 1993, No. 690, §§ 5, 6.

(a) (1) Immediately upon the qualification of the member appointed in each year, the Arkansas Real Estate Commission shall meet and organize by selecting from its members a chair and vice chair. (2) A simple majority shall constitute a quorum. (3) The commission shall meet as often as necessary or desirable in order to conduct its business.

(1) Immediately upon the qualification of the member appointed in each year, the Arkansas Real Estate Commission shall meet and organize by selecting from its members a chair and vice chair.

(2) A simple majority shall constitute a quorum.

(3) The commission shall meet as often as necessary or desirable in order to conduct its business.

(b) (1) The commission shall employ an executive director and such staff as may be necessary to carry out the provisions of this chapter and to put into effect the rules the commission may promulgate. (2) The Executive Director of the Arkansas Real Estate Commission shall have such duties, authority, and responsibility as the commission may designate, or as necessarily implied herein. (3) The commission shall fix the salaries of employees.

(1) The commission shall employ an executive director and such staff as may be necessary to carry out the provisions of this chapter and to put into effect the rules the commission may promulgate.

(2) The Executive Director of the Arkansas Real Estate Commission shall have such duties, authority, and responsibility as the commission may designate, or as necessarily implied herein.

(3) The commission shall fix the salaries of employees.

Amended by Act 2019, No. 315,§ 1459, eff. 7/24/2019.

Acts 1993, No. 690, §§ 5, 6.
Ark. Code Ann. § 17-18-101 — AR Code / Title 17 / Chapter 18 / Section 17-18-101
Purpose
Status: in_force

The purpose of this chapter is to provide an additional means of preventing theft of motor vehicle parts, tires, and accessories. Acts 1963, No. 108, § 5; A.S.A. 1947, § 75-1805.

The purpose of this chapter is to provide an additional means of preventing theft of motor vehicle parts, tires, and accessories.

Acts 1963, No. 108, § 5; A.S.A. 1947, § 75-1805.
Ark. Code Ann. § 17-42-518 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-518
Hearings
Status: in_force

(a) Proceedings under this subchapter are conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Except in the case of a person or entity obtaining a license or course approval by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct a disciplinary hearing regarding a licensed school, administrator, or instructor unless the complaint is filed or the investigation begins within three (3) years from the date of the actions. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) Proceedings under this subchapter are conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Except in the case of a person or entity obtaining a license or course approval by false or fraudulent representation, the Arkansas Real Estate Commission shall not investigate the actions of or conduct a disciplinary hearing regarding a licensed school, administrator, or instructor unless the complaint is filed or the investigation begins within three (3) years from the date of the actions.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-98-301 — AR Code / Title 17 / Chapter 98 / Subchapter 3 / Section 17-98-301
Examinations
Status: in_force

(a) The State Board of Health shall hold examinations to test the fitness of applicants for registration at such times and places within this state as the board shall determine. The board shall conduct at least one (1) examination every year. The scope of the examination shall be determined by the board. (b) Within ninety (90) calendar days after an application is filed with the Secretary for the State Board of Health, the board shall notify the applicant whether his or her application for examination was accepted or rejected and, if rejected, the reason therefor. (c) The secretary shall give reasonable notice by mail of the time and place of the examination to each applicant accepted for examination. (d) Within sixty (60) calendar days after the examination, the board shall notify by mail each examinee as to whether he or she has passed the examination. (e) Each person who passes the examination to the satisfaction of the board shall be issued a certificate of registration upon payment of a registration fee set by the board. Amended by Act 2023, No. 365,§ 49, eff. 7/1/2023. Acts 1993, No. 107, § 9.

(a) The State Board of Health shall hold examinations to test the fitness of applicants for registration at such times and places within this state as the board shall determine. The board shall conduct at least one (1) examination every year. The scope of the examination shall be determined by the board.

(b) Within ninety (90) calendar days after an application is filed with the Secretary for the State Board of Health, the board shall notify the applicant whether his or her application for examination was accepted or rejected and, if rejected, the reason therefor.

(c) The secretary shall give reasonable notice by mail of the time and place of the examination to each applicant accepted for examination.

(d) Within sixty (60) calendar days after the examination, the board shall notify by mail each examinee as to whether he or she has passed the examination.

(e) Each person who passes the examination to the satisfaction of the board shall be issued a certificate of registration upon payment of a registration fee set by the board.

Amended by Act 2023, No. 365,§ 49, eff. 7/1/2023.

Acts 1993, No. 107, § 9.
Ark. Code Ann. § 17-38-102 — AR Code / Title 17 / Chapter 38 / Subchapter 1 / Section 17-38-102
Prohibitions and penalties
Status: in_force

(a) Any person, firm, or corporation that engages in or follows the business or occupation of, or advertises or holds himself or herself or itself out as, or acts temporarily or otherwise as a plumber without first having secured the required license or permit, or that otherwise violates any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment. Each day during which a violation continues shall be a separate offense. (b) Any person who shall do any act prohibited in this chapter or fail to obey a lawful order of the Department of Health or a judgment or decree of a court in connection with this chapter shall be punished by imprisonment in the county jail for not more than three (3) months or by a fine not exceeding five hundred dollars ($500). Each day during which the violation continues shall constitute a separate offense. (c) Any person, firm, or corporation that shall employ an apprentice of plumbing representing him or her to be a journeyman or that shall charge for an apprentice a journeyman's wage shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in the county jail for not more than thirty (30) days. Each day of violation shall be a separate offense. (d) (1) Every firm, person, or corporation that violates any of the provisions of this chapter or the rules or orders issued or promulgated by the State Board of Health or that violates any condition of a license, permit, certificate, or any other type of registration issued by the committee may be assessed a civil penalty by the committee. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (e) All fines collected under this section shall be deposited into the State Treasury and credited to the Plumbers Licensing Fund to be used to defray the costs of administering this chapter. (f) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. (g) All rules promulgated pursuant to this section shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. Amended by Act 2019, No. 315,§ 1439, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1438, eff. 7/24/2019. Acts 1951, No. 200, § 11; 1975, No. 902, § 9; A.S.A. 1947, § 71-1215; Acts 1987, No. 816, § 10; 1995, No. 788, § 1; 1997, No. 179, § 11.

(a) Any person, firm, or corporation that engages in or follows the business or occupation of, or advertises or holds himself or herself or itself out as, or acts temporarily or otherwise as a plumber without first having secured the required license or permit, or that otherwise violates any provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment. Each day during which a violation continues shall be a separate offense.

(b) Any person who shall do any act prohibited in this chapter or fail to obey a lawful order of the Department of Health or a judgment or decree of a court in connection with this chapter shall be punished by imprisonment in the county jail for not more than three (3) months or by a fine not exceeding five hundred dollars ($500). Each day during which the violation continues shall constitute a separate offense.

(c) Any person, firm, or corporation that shall employ an apprentice of plumbing representing him or her to be a journeyman or that shall charge for an apprentice a journeyman's wage shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in the county jail for not more than thirty (30) days. Each day of violation shall be a separate offense.

(d) (1) Every firm, person, or corporation that violates any of the provisions of this chapter or the rules or orders issued or promulgated by the State Board of Health or that violates any condition of a license, permit, certificate, or any other type of registration issued by the committee may be assessed a civil penalty by the committee. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(1) Every firm, person, or corporation that violates any of the provisions of this chapter or the rules or orders issued or promulgated by the State Board of Health or that violates any condition of a license, permit, certificate, or any other type of registration issued by the committee may be assessed a civil penalty by the committee.

(2) The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(e) All fines collected under this section shall be deposited into the State Treasury and credited to the Plumbers Licensing Fund to be used to defray the costs of administering this chapter.

(f) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

(g) All rules promulgated pursuant to this section shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.

Amended by Act 2019, No. 315,§ 1439, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1438, eff. 7/24/2019.

Acts 1951, No. 200, § 11; 1975, No. 902, § 9; A.S.A. 1947, § 71-1215; Acts 1987, No. 816, § 10; 1995, No. 788, § 1; 1997, No. 179, § 11.
Ark. Code Ann. § 17-48-301 — AR Code / Title 17 / Chapter 48 / Subchapter 3 / Section 17-48-301
Purpose
Status: in_force

The purpose of this subchapter is to enable surveyors to have access to survey monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, and other evidence needed in conducting or preparing for surveys or in preserving such monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, or other evidence. It is particularly recognized that at times it is necessary for a surveyor to tread on property not in his or her survey contract because the boundaries and corners of any parcel of land are necessarily also those of adjoining parcels and because the location of boundaries and corners often are affected by the location of some that are remote and not adjoining. Acts 1991, No. 862, § 1.

The purpose of this subchapter is to enable surveyors to have access to survey monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, and other evidence needed in conducting or preparing for surveys or in preserving such monuments, triangulation stations, traverse stations, leveling stations, section corners, quarter-section corners and sixteenth-section corners, locations, or other evidence. It is particularly recognized that at times it is necessary for a surveyor to tread on property not in his or her survey contract because the boundaries and corners of any parcel of land are necessarily also those of adjoining parcels and because the location of boundaries and corners often are affected by the location of some that are remote and not adjoining.

Acts 1991, No. 862, § 1.
Ark. Code Ann. § 17-93-302 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-302
Unlawful practice - Injunction
Status: in_force

The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of physical therapy in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution. Acts 1959, No. 141, § 15; A.S.A. 1947, § 72-1331.

The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of physical therapy in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution.

Acts 1959, No. 141, § 15; A.S.A. 1947, § 72-1331.
Ark. Code Ann. § 17-28-202 — AR Code / Title 17 / Chapter 28 / Subchapter 2 / Section 17-28-202
Duties of Board of Electrical Examiners of the State of Arkansas and Department of Labor and Licensing
Status: in_force

(a) It shall be the duty of the Board of Electrical Examiners of the State of Arkansas to: (1) Adopt rules necessary for the implementation of this chapter and § 17-55-101 et seq.; (2) At least every six (6) months, conduct examinations of persons who apply for an electrician's license and grant licenses to qualifying applicants who have paid the prescribed fee; (3) Grant licenses to qualifying applicants for an electrical inspector's license under § 17-55-101 et seq.; and (4) Revoke or suspend the license of any licensee or the certification of any electrical apprentice for cause. (b) (1) It shall be the duty of the Department of Labor and Licensing to administer and enforce the provisions of this chapter. (2) For the enforcement of this chapter, the Secretary of the Department of Labor and Licensing or his or her designated employees shall have the authority to enter, during normal business hours, upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining whether a person has performed electrical work or installed or repaired electrical facilities in accordance with this chapter, the Arkansas Electrical Code Authority Act, § 20-31-101 et seq., and the rules and standards adopted pursuant thereto. Amended by Act 2019, No. 315,§ 1393, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5421, eff. 7/1/2019. Amended by Act 2013, No. 756,§ 1, eff. 8/16/2013. Acts 1979, No. 870, § 3; 1981, No. 701, § 1; 1983, No. 866, § 2; A.S.A. 1947, § 71-5303; Acts 1997, No. 1289, § 4.

(a) It shall be the duty of the Board of Electrical Examiners of the State of Arkansas to: (1) Adopt rules necessary for the implementation of this chapter and § 17-55-101 et seq.; (2) At least every six (6) months, conduct examinations of persons who apply for an electrician's license and grant licenses to qualifying applicants who have paid the prescribed fee; (3) Grant licenses to qualifying applicants for an electrical inspector's license under § 17-55-101 et seq.; and (4) Revoke or suspend the license of any licensee or the certification of any electrical apprentice for cause.

(1) Adopt rules necessary for the implementation of this chapter and § 17-55-101 et seq.;

(2) At least every six (6) months, conduct examinations of persons who apply for an electrician's license and grant licenses to qualifying applicants who have paid the prescribed fee;

(3) Grant licenses to qualifying applicants for an electrical inspector's license under § 17-55-101 et seq.; and

(4) Revoke or suspend the license of any licensee or the certification of any electrical apprentice for cause.

(b) (1) It shall be the duty of the Department of Labor and Licensing to administer and enforce the provisions of this chapter. (2) For the enforcement of this chapter, the Secretary of the Department of Labor and Licensing or his or her designated employees shall have the authority to enter, during normal business hours, upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining whether a person has performed electrical work or installed or repaired electrical facilities in accordance with this chapter, the Arkansas Electrical Code Authority Act, § 20-31-101 et seq., and the rules and standards adopted pursuant thereto.

(1) It shall be the duty of the Department of Labor and Licensing to administer and enforce the provisions of this chapter.

(2) For the enforcement of this chapter, the Secretary of the Department of Labor and Licensing or his or her designated employees shall have the authority to enter, during normal business hours, upon any private or public premises with right of access, ingress, and egress for the purpose of ascertaining whether a person has performed electrical work or installed or repaired electrical facilities in accordance with this chapter, the Arkansas Electrical Code Authority Act, § 20-31-101 et seq., and the rules and standards adopted pursuant thereto.

Amended by Act 2019, No. 315,§ 1393, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5421, eff. 7/1/2019.

Amended by Act 2013, No. 756,§ 1, eff. 8/16/2013.

Acts 1979, No. 870, § 3; 1981, No. 701, § 1; 1983, No. 866, § 2; A.S.A. 1947, § 71-5303; Acts 1997, No. 1289, § 4.
Ark. Code Ann. § 17-11-324 — AR Code / Title 17 / Chapter 11 / Subchapter 3 / Section 17-11-324
Bond, insurance, or personal surety
Status: in_force

(a) (1) (A) Before the certificate of authority is issued, the applicant shall file with the State Board of Appraisers, Abstracters, and Home Inspectors a bond approved by the board conditioned upon the payment by the applicant of any and all damages that may be sustained by or may accrue to any person, firm, or corporation for whom the applicant may compile, make, or furnish abstracts of title by reason of or on account of any error, deficiency, or mistake in any abstract or certificate, or any continuation, made or issued by the abstracter over its authorized signature and seal. (B) The bond shall be written by a corporate surety or other company issuing such bonds licensed and authorized to do business in this state. (2) (A) The bond shall remain in full force and effect for a period of one (1) year and may be renewed annually by a continuation certificate. (B) However, no continuation certificate shall operate to increase the penal sum of the bond beyond the limits established in this section. (3) (A) The penal sum of the bond shall be dependent upon the aggregate population, according to the latest federal census, of all counties in which the applicant proposes to conduct the business of abstracting, as follows: If the population is: The penalty of the bond shall be: Less than 25,000 ................................................................................................. $ 5,000 More than 25,000 but less than 50,000 ....................................................................... 10,000 50,000 but less than 100,000 ...................................................................... 15,000 100,000 but less than 200,000 .................................................................... 20,000 Over 200,000 ................................................................................................. 25,000 (B) No person, firm, or corporation shall be required at any time to have in force and effect and filed with the board valid bonds in excess of the penal sum of twenty-five thousand dollars ($25,000). (b) (1) In lieu of the bond or bonds provided for in subsection (a) of this section, the applicant may file proof with the board that he or she carries abstracters' liability insurance in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section. (2) The proof shall be the filing of the actual policy or a certificate showing the issuance thereof by the insurance company. (c) (1) In lieu of bond or bonds or liability insurance provided for in subsections (a) and (b) of this section, the applicant shall have the right to file with the board a personal surety bond in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section, made in favor of any person or client that may suffer a loss for which he or she is liable, which shall be accepted in lieu of the insurance policy. (2) The personal bond shall have the signatures of at least three (3) other persons thereon whose total net worth shall be at least three (3) times the total amount of the personal bond. (3) The applicant shall pay for the actual cost of the credit reports on the bondsmen. Amended by Act 2023, No. 628,§ 12, eff. 7/1/2023. Acts 1969, No. 109, § 6; A.S.A. 1947, § 71-106; Acts 2007, No. 1042, § 11.

(a) (1) (A) Before the certificate of authority is issued, the applicant shall file with the State Board of Appraisers, Abstracters, and Home Inspectors a bond approved by the board conditioned upon the payment by the applicant of any and all damages that may be sustained by or may accrue to any person, firm, or corporation for whom the applicant may compile, make, or furnish abstracts of title by reason of or on account of any error, deficiency, or mistake in any abstract or certificate, or any continuation, made or issued by the abstracter over its authorized signature and seal. (B) The bond shall be written by a corporate surety or other company issuing such bonds licensed and authorized to do business in this state. (2) (A) The bond shall remain in full force and effect for a period of one (1) year and may be renewed annually by a continuation certificate. (B) However, no continuation certificate shall operate to increase the penal sum of the bond beyond the limits established in this section. (3) (A) The penal sum of the bond shall be dependent upon the aggregate population, according to the latest federal census, of all counties in which the applicant proposes to conduct the business of abstracting, as follows: If the population is: The penalty of the bond shall be: Less than 25,000 ................................................................................................. $ 5,000 More than 25,000 but less than 50,000 ....................................................................... 10,000 50,000 but less than 100,000 ...................................................................... 15,000 100,000 but less than 200,000 .................................................................... 20,000 Over 200,000 ................................................................................................. 25,000 (B) No person, firm, or corporation shall be required at any time to have in force and effect and filed with the board valid bonds in excess of the penal sum of twenty-five thousand dollars ($25,000).

(1) (A) Before the certificate of authority is issued, the applicant shall file with the State Board of Appraisers, Abstracters, and Home Inspectors a bond approved by the board conditioned upon the payment by the applicant of any and all damages that may be sustained by or may accrue to any person, firm, or corporation for whom the applicant may compile, make, or furnish abstracts of title by reason of or on account of any error, deficiency, or mistake in any abstract or certificate, or any continuation, made or issued by the abstracter over its authorized signature and seal. (B) The bond shall be written by a corporate surety or other company issuing such bonds licensed and authorized to do business in this state.

(A) Before the certificate of authority is issued, the applicant shall file with the State Board of Appraisers, Abstracters, and Home Inspectors a bond approved by the board conditioned upon the payment by the applicant of any and all damages that may be sustained by or may accrue to any person, firm, or corporation for whom the applicant may compile, make, or furnish abstracts of title by reason of or on account of any error, deficiency, or mistake in any abstract or certificate, or any continuation, made or issued by the abstracter over its authorized signature and seal.

(B) The bond shall be written by a corporate surety or other company issuing such bonds licensed and authorized to do business in this state.

(2) (A) The bond shall remain in full force and effect for a period of one (1) year and may be renewed annually by a continuation certificate. (B) However, no continuation certificate shall operate to increase the penal sum of the bond beyond the limits established in this section.

(A) The bond shall remain in full force and effect for a period of one (1) year and may be renewed annually by a continuation certificate.

(B) However, no continuation certificate shall operate to increase the penal sum of the bond beyond the limits established in this section.

(3) (A) The penal sum of the bond shall be dependent upon the aggregate population, according to the latest federal census, of all counties in which the applicant proposes to conduct the business of abstracting, as follows: If the population is: The penalty of the bond shall be: Less than 25,000 ................................................................................................. $ 5,000 More than 25,000 but less than 50,000 ....................................................................... 10,000 50,000 but less than 100,000 ...................................................................... 15,000 100,000 but less than 200,000 .................................................................... 20,000 Over 200,000 ................................................................................................. 25,000 (B) No person, firm, or corporation shall be required at any time to have in force and effect and filed with the board valid bonds in excess of the penal sum of twenty-five thousand dollars ($25,000).

(A) The penal sum of the bond shall be dependent upon the aggregate population, according to the latest federal census, of all counties in which the applicant proposes to conduct the business of abstracting, as follows: If the population is: The penalty of the bond shall be: Less than 25,000 ................................................................................................. $ 5,000 More than 25,000 but less than 50,000 ....................................................................... 10,000 50,000 but less than 100,000 ...................................................................... 15,000 100,000 but less than 200,000 .................................................................... 20,000 Over 200,000 ................................................................................................. 25,000

If the population is: The penalty of the bond shall be: Less than 25,000 ................................................................................................. $ 5,000 More than 25,000 but less than 50,000 ....................................................................... 10,000 50,000 but less than 100,000 ...................................................................... 15,000 100,000 but less than 200,000 .................................................................... 20,000 Over 200,000 ................................................................................................. 25,000

If the population is:

The penalty of the bond shall be:

Less than

25,000 .................................................................................................

$ 5,000

More than

25,000 but less than 50,000 .......................................................................

10,000

50,000 but less than 100,000 ......................................................................

15,000

100,000 but less than 200,000 ....................................................................

20,000

Over

200,000 .................................................................................................

25,000

(B) No person, firm, or corporation shall be required at any time to have in force and effect and filed with the board valid bonds in excess of the penal sum of twenty-five thousand dollars ($25,000).

(b) (1) In lieu of the bond or bonds provided for in subsection (a) of this section, the applicant may file proof with the board that he or she carries abstracters' liability insurance in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section. (2) The proof shall be the filing of the actual policy or a certificate showing the issuance thereof by the insurance company.

(1) In lieu of the bond or bonds provided for in subsection (a) of this section, the applicant may file proof with the board that he or she carries abstracters' liability insurance in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section.

(2) The proof shall be the filing of the actual policy or a certificate showing the issuance thereof by the insurance company.

(c) (1) In lieu of bond or bonds or liability insurance provided for in subsections (a) and (b) of this section, the applicant shall have the right to file with the board a personal surety bond in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section, made in favor of any person or client that may suffer a loss for which he or she is liable, which shall be accepted in lieu of the insurance policy. (2) The personal bond shall have the signatures of at least three (3) other persons thereon whose total net worth shall be at least three (3) times the total amount of the personal bond. (3) The applicant shall pay for the actual cost of the credit reports on the bondsmen.

(1) In lieu of bond or bonds or liability insurance provided for in subsections (a) and (b) of this section, the applicant shall have the right to file with the board a personal surety bond in such a sum as would be required using the population scale in subdivision (a)(3)(A) of this section, made in favor of any person or client that may suffer a loss for which he or she is liable, which shall be accepted in lieu of the insurance policy.

(2) The personal bond shall have the signatures of at least three (3) other persons thereon whose total net worth shall be at least three (3) times the total amount of the personal bond.

(3) The applicant shall pay for the actual cost of the credit reports on the bondsmen.

Amended by Act 2023, No. 628,§ 12, eff. 7/1/2023.

Acts 1969, No. 109, § 6; A.S.A. 1947, § 71-106; Acts 2007, No. 1042, § 11.
Ark. Code Ann. § 17-26-310 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-310
Failure to appear for examination
Status: in_force

The Cosmetology Technical Advisory Committee shall promulgate rules concerning an applicant for an examination who fails to appear for the examination. Acts 1955, No. 358, Art. 6, § 8; A.S.A. 1947, § 71-845; Acts 2005, No. 207, § 2; 2007, No. 223, § 21.

The Cosmetology Technical Advisory Committee shall promulgate rules concerning an applicant for an examination who fails to appear for the examination.

Acts 1955, No. 358, Art. 6, § 8; A.S.A. 1947, § 71-845; Acts 2005, No. 207, § 2; 2007, No. 223, § 21.
Ark. Code Ann. § 17-95-901 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Graduate Registered Physician Act". Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Arkansas Graduate Registered Physician Act".

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-82-406 — AR Code / Title 17 / Chapter 82 / Subchapter 4 / Section 17-82-406
Rules
Status: in_force

All laws pertaining to dentists and dental hygienists as stated in subchapters 1-3 of this chapter and the rules of the Arkansas State Board of Dental Examiners will apply to dental assistants who perform expanded duties. Amended by Act 2019, No. 315,§ 1522, eff. 7/24/2019. Acts 1985, No. 473, § 6; A.S.A. 1947, § 72-576.

All laws pertaining to dentists and dental hygienists as stated in subchapters 1-3 of this chapter and the rules of the Arkansas State Board of Dental Examiners will apply to dental assistants who perform expanded duties.

Amended by Act 2019, No. 315,§ 1522, eff. 7/24/2019.

Acts 1985, No. 473, § 6; A.S.A. 1947, § 72-576.
Ark. Code Ann. § 17-48-304 — AR Code / Title 17 / Chapter 48 / Subchapter 3 / Section 17-48-304
Liability
Status: in_force

(a) Surveyors shall be personally liable for any damage caused to private property when exercising entry under this subchapter. (b) Surveyors shall forfeit any and all claim for damage or personal injury against the landowner while on such lands or waters unless the damage or injury is caused by the intentional tortious conduct of the landowner or his or her agent. Acts 1991, No. 862, § 5.

(a) Surveyors shall be personally liable for any damage caused to private property when exercising entry under this subchapter.

(b) Surveyors shall forfeit any and all claim for damage or personal injury against the landowner while on such lands or waters unless the damage or injury is caused by the intentional tortious conduct of the landowner or his or her agent.

Acts 1991, No. 862, § 5.
Ark. Code Ann. § 17-99-310 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-310
Medical director - Powers and duties
Status: in_force

A qualified medical director shall: (1) Be readily available to respiratory care practitioners employed by or providing services for the organization he or she directs; and (2) Establish a policy that prohibits any person from ordering respiratory care for a patient, except a physician who has medical responsibility for the patient. Acts 1995, No. 1094, § 11.

A qualified medical director shall:

(1) Be readily available to respiratory care practitioners employed by or providing services for the organization he or she directs; and

(2) Establish a policy that prohibits any person from ordering respiratory care for a patient, except a physician who has medical responsibility for the patient.

Acts 1995, No. 1094, § 11.
Ark. Code Ann. § 17-89-308 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-308
Continuing education program
Status: in_force

(a) The Arkansas Board of Dispensing Opticians may institute a program for continuing education for its licensees. (b) The board may require proof of successful completion of its continuing education requirements as a condition for renewal of license, except that the board shall not require more than nine (9) clock hours of continuing education within any two-year period. (c) Only courses approved by the board shall be acceptable for satisfying the continuing education requirements. (d) The board shall promulgate rules to implement this section. Amended by Act 2019, No. 315,§ 1549, eff. 7/24/2019. Acts 1985, No. 962, § 1; A.S.A. 1947, § 72-2129.

(a) The Arkansas Board of Dispensing Opticians may institute a program for continuing education for its licensees.

(b) The board may require proof of successful completion of its continuing education requirements as a condition for renewal of license, except that the board shall not require more than nine (9) clock hours of continuing education within any two-year period.

(c) Only courses approved by the board shall be acceptable for satisfying the continuing education requirements.

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

Amended by Act 2019, No. 315,§ 1549, eff. 7/24/2019.

Acts 1985, No. 962, § 1; A.S.A. 1947, § 72-2129.
Ark. Code Ann. § 17-93-201 — AR Code / Title 17 / Chapter 93 / Subchapter 2 / Section 17-93-201
Creation - Members
Status: in_force

(a) (1) There is created the Arkansas State Board of Physical Therapy which shall consist of five (5) members to be appointed by the Governor for terms of three (3) years. (2) Four (4) members shall be physical therapists licensed to practice in Arkansas with at least five (5) years' experience as a physical therapist. The Governor shall appoint one (1) physical therapist from each congressional district in order to provide statewide representation of physical therapists. (3) One (1) member shall not be actively engaged in or retired from the practice of physical therapy and shall serve as the representative of the public interest. (b) A member shall hold his or her office until his or her successor has been appointed and qualified. (c) The board shall meet at least two (2) times a year and may hold additional meetings whenever necessary to discharge its duties. (d) The board shall elect annually from its membership a chair and a secretary. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1959, No. 141, §§ 2, 4, 5; 1979, No. 631, § 2; A.S.A. 1947, §§ 72-1318, 72-1320, 72-1321; Acts 1991, No. 1232, § 2; 1995, No. 742, § 1; 1997, No. 250, § 165; 2001, No. 1412, § 2.

(a) (1) There is created the Arkansas State Board of Physical Therapy which shall consist of five (5) members to be appointed by the Governor for terms of three (3) years. (2) Four (4) members shall be physical therapists licensed to practice in Arkansas with at least five (5) years' experience as a physical therapist. The Governor shall appoint one (1) physical therapist from each congressional district in order to provide statewide representation of physical therapists. (3) One (1) member shall not be actively engaged in or retired from the practice of physical therapy and shall serve as the representative of the public interest.

(1) There is created the Arkansas State Board of Physical Therapy which shall consist of five (5) members to be appointed by the Governor for terms of three (3) years.

(2) Four (4) members shall be physical therapists licensed to practice in Arkansas with at least five (5) years' experience as a physical therapist. The Governor shall appoint one (1) physical therapist from each congressional district in order to provide statewide representation of physical therapists.

(3) One (1) member shall not be actively engaged in or retired from the practice of physical therapy and shall serve as the representative of the public interest.

(b) A member shall hold his or her office until his or her successor has been appointed and qualified.

(c) The board shall meet at least two (2) times a year and may hold additional meetings whenever necessary to discharge its duties.

(d) The board shall elect annually from its membership a chair and a secretary.

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

Acts 1959, No. 141, §§ 2, 4, 5; 1979, No. 631, § 2; A.S.A. 1947, §§ 72-1318, 72-1320, 72-1321; Acts 1991, No. 1232, § 2; 1995, No. 742, § 1; 1997, No. 250, § 165; 2001, No. 1412, § 2.
Ark. Code Ann. § 17-53-209 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-209
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 14.

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

Acts 1997, No. 1237, § 14.
Ark. Code Ann. § 17-50-309 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-309
Bond
Status: in_force

(a) All water well contractors shall abide by the licensing laws of Arkansas and shall post a water well contractor's bond. (b) The Arkansas Natural Resources Commission shall establish and promulgate rules establishing the amount of water well contractor's bonds based on a water well contractor's past performance or violations of the rules of this chapter, construction methods, type or class of construction, and business practices. (c) In no instance shall this bond be less than ten thousand dollars ($10,000) unless exempted by other provisions of this chapter. Amended by Act 2023, No. 691,§ 137, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1489, eff. 7/24/2019. Acts 1969, No. 641, § 11; 1981, No. 521, § 2; A.S.A. 1947, § 21-2011; Acts 1987, No. 693, § 6; 2003, No. 297, § 12.

(a) All water well contractors shall abide by the licensing laws of Arkansas and shall post a water well contractor's bond.

(b) The Arkansas Natural Resources Commission shall establish and promulgate rules establishing the amount of water well contractor's bonds based on a water well contractor's past performance or violations of the rules of this chapter, construction methods, type or class of construction, and business practices.

(c) In no instance shall this bond be less than ten thousand dollars ($10,000) unless exempted by other provisions of this chapter.

Amended by Act 2023, No. 691,§ 137, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1489, eff. 7/24/2019.

Acts 1969, No. 641, § 11; 1981, No. 521, § 2; A.S.A. 1947, § 21-2011; Acts 1987, No. 693, § 6; 2003, No. 297, § 12.
Ark. Code Ann. § 17-16-123 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-123
Revocation of registration
Status: in_force

(a) (1) A court of competent jurisdiction may revoke a certificate of registration before, during, or after a proceeding seeking a criminal, civil, or administrative penalty under this subchapter. (2) When revoking a certificate of registration, a court of competent jurisdiction may declare a person ineligible to reapply for a certificate of registration for a period of time not to exceed five (5) years. (b) A court of competent jurisdiction may revoke registration under this section in lieu of or in addition to other criminal, civil, or administrative penalties under this subchapter. Acts 2011, No. 204, § 7.

(a) (1) A court of competent jurisdiction may revoke a certificate of registration before, during, or after a proceeding seeking a criminal, civil, or administrative penalty under this subchapter. (2) When revoking a certificate of registration, a court of competent jurisdiction may declare a person ineligible to reapply for a certificate of registration for a period of time not to exceed five (5) years.

(1) A court of competent jurisdiction may revoke a certificate of registration before, during, or after a proceeding seeking a criminal, civil, or administrative penalty under this subchapter.

(2) When revoking a certificate of registration, a court of competent jurisdiction may declare a person ineligible to reapply for a certificate of registration for a period of time not to exceed five (5) years.

(b) A court of competent jurisdiction may revoke registration under this section in lieu of or in addition to other criminal, civil, or administrative penalties under this subchapter.

Acts 2011, No. 204, § 7.
Ark. Code Ann. § 17-17-106 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-106
Actions by auctioneers
Status: in_force

No person engaged in the business of or acting in the capacity of an auctioneer shall bring or maintain any action in the courts of the State of Arkansas for the collection of compensation for any services permitted as an auctioneer without first alleging and proving that he or she was operating legally under the provisions of this chapter and was a duly licensed auctioneer at the time the alleged cause of action arose. Acts 1989, No. 266, § 15.

No person engaged in the business of or acting in the capacity of an auctioneer shall bring or maintain any action in the courts of the State of Arkansas for the collection of compensation for any services permitted as an auctioneer without first alleging and proving that he or she was operating legally under the provisions of this chapter and was a duly licensed auctioneer at the time the alleged cause of action arose.

Acts 1989, No. 266, § 15.
Ark. Code Ann. § 17-89-403 — AR Code / Title 17 / Chapter 89 / Subchapter 4 / Section 17-89-403
Standards for materials
Status: in_force

All ophthalmic materials, including eyeglasses, spectacles, lenses, or other optical devices or materials or parts thereof, sold in the State of Arkansas must conform to standards of quality as promulgated by the American National Standards Institute, commonly known as "Z-80.1 standards", or any standards later set forth in a rule promulgated by the Arkansas Board of Dispensing Opticians. Amended by Act 2019, No. 315,§ 1551, eff. 7/24/2019. Acts 1981, No. 589, § 22; A.S.A. 1947, § 72-2122.

All ophthalmic materials, including eyeglasses, spectacles, lenses, or other optical devices or materials or parts thereof, sold in the State of Arkansas must conform to standards of quality as promulgated by the American National Standards Institute, commonly known as "Z-80.1 standards", or any standards later set forth in a rule promulgated by the Arkansas Board of Dispensing Opticians.

Amended by Act 2019, No. 315,§ 1551, eff. 7/24/2019.

Acts 1981, No. 589, § 22; A.S.A. 1947, § 72-2122.
Ark. Code Ann. § 17-12-601 — AR Code / Title 17 / Chapter 12 / Subchapter 6 / Section 17-12-601
Grounds generally
Status: in_force

(a) The following acts, conduct, or practices are prohibited, and any licensee or holder of a practice privilege found guilty by the Arkansas State Board of Public Accountancy of the acts, conducts, or practices shall be subject to disciplinary action as provided in § 17-12-602 after notice and hearing as provided in § 17-12-603 : (1) Fraud, dishonesty, or deceit in obtaining or attempting to obtain a certificate or registration as a certified public accountant or public accountant, registration of a firm, or a practice privilege under this chapter; (2) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (3) Violation of any of the provisions of this chapter; (4) Violation of a rule of professional conduct or other rule promulgated by the board under the authority granted by this chapter; (5) Conviction of a felony under § 17-3-102 ; (6) Conviction of any crime an element of which is dishonesty or fraud under the law of any state or of the United States; (7) Imposition of any sanction or disciplinary action, other than for failure to pay annual fees, by the United States Securities and Exchange Commission, Public Company Accounting Oversight Board, Internal Revenue Service, or other federal or state agency or foreign authority or credentialing body that regulates public accounting regarding the licensee's conduct while rendering public accounting or other professional services; (8) Conduct discreditable to the public accounting profession; and (9) Violation of any board order or agreement for the resolution of asserted violations of this chapter, a board rule of professional conduct, or other board rule. (b) The board may deny an application for a license, registration, certificate, or practice privilege if it finds the applicant committed any of the acts, conduct, or practices prohibited by subsection (a) of this section. (c) In addition to the offenses listed in § 17-3-102 , the Arkansas State Board of Public Accountancy may refuse to issue a license to or reinstate a license of a person who has been convicted of a felony involving theft or fraud, regardless of the amount of time that has elapsed since the conviction. Amended by Act 2019, No. 990,§ 11, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 10, eff. 7/24/2019. Acts 1975, No. 160, § 12; 1979, No. 432, § 6; A.S.A. 1947, § 71-622; Acts 1997, No. 242, § 18; 1999, No. 180, § 38; 2005, No. 54, § 17.

(a) The following acts, conduct, or practices are prohibited, and any licensee or holder of a practice privilege found guilty by the Arkansas State Board of Public Accountancy of the acts, conducts, or practices shall be subject to disciplinary action as provided in § 17-12-602 after notice and hearing as provided in § 17-12-603 : (1) Fraud, dishonesty, or deceit in obtaining or attempting to obtain a certificate or registration as a certified public accountant or public accountant, registration of a firm, or a practice privilege under this chapter; (2) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (3) Violation of any of the provisions of this chapter; (4) Violation of a rule of professional conduct or other rule promulgated by the board under the authority granted by this chapter; (5) Conviction of a felony under § 17-3-102 ; (6) Conviction of any crime an element of which is dishonesty or fraud under the law of any state or of the United States; (7) Imposition of any sanction or disciplinary action, other than for failure to pay annual fees, by the United States Securities and Exchange Commission, Public Company Accounting Oversight Board, Internal Revenue Service, or other federal or state agency or foreign authority or credentialing body that regulates public accounting regarding the licensee's conduct while rendering public accounting or other professional services; (8) Conduct discreditable to the public accounting profession; and (9) Violation of any board order or agreement for the resolution of asserted violations of this chapter, a board rule of professional conduct, or other board rule.

(1) Fraud, dishonesty, or deceit in obtaining or attempting to obtain a certificate or registration as a certified public accountant or public accountant, registration of a firm, or a practice privilege under this chapter;

(2) Dishonesty, fraud, or gross negligence in the practice of public accountancy;

(3) Violation of any of the provisions of this chapter;

(4) Violation of a rule of professional conduct or other rule promulgated by the board under the authority granted by this chapter;

(5) Conviction of a felony under § 17-3-102 ;

(6) Conviction of any crime an element of which is dishonesty or fraud under the law of any state or of the United States;

(7) Imposition of any sanction or disciplinary action, other than for failure to pay annual fees, by the United States Securities and Exchange Commission, Public Company Accounting Oversight Board, Internal Revenue Service, or other federal or state agency or foreign authority or credentialing body that regulates public accounting regarding the licensee's conduct while rendering public accounting or other professional services;

(8) Conduct discreditable to the public accounting profession; and

(9) Violation of any board order or agreement for the resolution of asserted violations of this chapter, a board rule of professional conduct, or other board rule.

(b) The board may deny an application for a license, registration, certificate, or practice privilege if it finds the applicant committed any of the acts, conduct, or practices prohibited by subsection (a) of this section.

(c) In addition to the offenses listed in § 17-3-102 , the Arkansas State Board of Public Accountancy may refuse to issue a license to or reinstate a license of a person who has been convicted of a felony involving theft or fraud, regardless of the amount of time that has elapsed since the conviction.

Amended by Act 2019, No. 990,§ 11, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 10, eff. 7/24/2019.

Acts 1975, No. 160, § 12; 1979, No. 432, § 6; A.S.A. 1947, § 71-622; Acts 1997, No. 242, § 18; 1999, No. 180, § 38; 2005, No. 54, § 17.
Ark. Code Ann. § 17-53-201 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 5. See Act 2013, No. 480, § 1.

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

Acts 1997, No. 1237, § 5.

See Act 2013, No. 480, § 1.
Ark. Code Ann. § 17-29-603 — AR Code / Title 17 / Chapter 29 / Subchapter 6 / Section 17-29-603
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015. Acts 1975, No. 180, § 1; A.S.A. 1947, § 71-922.

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

Acts 1975, No. 180, § 1; A.S.A. 1947, § 71-922.
Ark. Code Ann. § 17-12-111 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-111
Evidence
Status: in_force

The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, electronic transmission, or written instrument or device bearing a person's name in conjunction with the words "certified public accountant" or any abbreviation thereof, or "public accountant" or any abbreviation thereof, shall be prima facie evidence in any action brought under § 17-12-104 or § 17-12-105 that the person whose name is so displayed caused or procured the display or uttering of such a card, sign, advertisement, or other printed, engraved, electronic transmission, or written instrument or device and that the person is holding himself or herself out to be a certified public accountant or a public accountant. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct. Acts 1975, No. 160, § 20; A.S.A. 1947, § 71-630; Acts 1999, No. 180, § 6.

The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, electronic transmission, or written instrument or device bearing a person's name in conjunction with the words "certified public accountant" or any abbreviation thereof, or "public accountant" or any abbreviation thereof, shall be prima facie evidence in any action brought under § 17-12-104 or § 17-12-105 that the person whose name is so displayed caused or procured the display or uttering of such a card, sign, advertisement, or other printed, engraved, electronic transmission, or written instrument or device and that the person is holding himself or herself out to be a certified public accountant or a public accountant. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct.

Acts 1975, No. 160, § 20; A.S.A. 1947, § 71-630; Acts 1999, No. 180, § 6.
Ark. Code Ann. § 17-12-508 — AR Code / Title 17 / Chapter 12 / Subchapter 5 / Section 17-12-508
Peer review
Status: in_force

(a) (1) Beginning January 1, 2019, the Arkansas State Board of Public Accountancy shall by rule require licensees who perform attest services to enroll in an approved peer review program and have a peer review one (1) time every three (3) years. (2) Licensees who perform compilation or preparation of financial statements as their highest level of service shall be excluded from the peer review requirement under this section. (b) Peer reviews shall be conducted in accordance with standards that the board sets by rule. (c) Licensees who fail to obtain peer review ratings required by the board or who otherwise fail to comply with peer review standards established or adopted by the board are subject to sanctions under § 17-12-602 . (d) (1) All financial statements, working papers, or other documents obtained from licensees or applicants for peer review shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction. (2) (A) The documents deemed confidential under subdivision (d)(1) of this section shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Documents exempted under subdivision (d)(2)(A) of this section may be introduced as evidence in any relevant proceeding before the board. Added by Act 2017, No. 278,§ 3, eff. 8/1/2017.

(a) (1) Beginning January 1, 2019, the Arkansas State Board of Public Accountancy shall by rule require licensees who perform attest services to enroll in an approved peer review program and have a peer review one (1) time every three (3) years. (2) Licensees who perform compilation or preparation of financial statements as their highest level of service shall be excluded from the peer review requirement under this section.

(1) Beginning January 1, 2019, the Arkansas State Board of Public Accountancy shall by rule require licensees who perform attest services to enroll in an approved peer review program and have a peer review one (1) time every three (3) years.

(2) Licensees who perform compilation or preparation of financial statements as their highest level of service shall be excluded from the peer review requirement under this section.

(b) Peer reviews shall be conducted in accordance with standards that the board sets by rule.

(c) Licensees who fail to obtain peer review ratings required by the board or who otherwise fail to comply with peer review standards established or adopted by the board are subject to sanctions under § 17-12-602 .

(d) (1) All financial statements, working papers, or other documents obtained from licensees or applicants for peer review shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction. (2) (A) The documents deemed confidential under subdivision (d)(1) of this section shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Documents exempted under subdivision (d)(2)(A) of this section may be introduced as evidence in any relevant proceeding before the board.

(1) All financial statements, working papers, or other documents obtained from licensees or applicants for peer review shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction.

(2) (A) The documents deemed confidential under subdivision (d)(1) of this section shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (B) Documents exempted under subdivision (d)(2)(A) of this section may be introduced as evidence in any relevant proceeding before the board.

(A) The documents deemed confidential under subdivision (d)(1) of this section shall be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(B) Documents exempted under subdivision (d)(2)(A) of this section may be introduced as evidence in any relevant proceeding before the board.

Added by Act 2017, No. 278,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 17-32-208 — AR Code / Title 17 / Chapter 32 / Subchapter 2 / Section 17-32-208
Director of the State Board of Registration for Professional Geologists - Indebtedness
Status: in_force

(a) (1) The Director of the State Board of Registration for Professional Geologists shall receive and account for all moneys received in accordance with state law and the rules of the State Board of Registration for Professional Geologists. (2) These moneys shall be deposited into a financial institution located in this state and shall be disbursed only by the director. (b) The director shall receive such salary as the board in consultation with the Secretary of the Department of Labor and Licensing determines within the limits set forth by the General Assembly. (c) The Department of Labor and Licensing shall employ assistants required to properly perform the board's work and shall make expenditures from this account for any purpose that, in the opinion of the board, is reasonably necessary to perform its duties under law and its rules. (d) The board shall have no authority to incur indebtedness. Amended by Act 2019, No. 315,§ 1409, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1408, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5430, eff. 7/1/2019. Acts 1987, No. 470, § 6; 1987, No. 701, § 6.

(a) (1) The Director of the State Board of Registration for Professional Geologists shall receive and account for all moneys received in accordance with state law and the rules of the State Board of Registration for Professional Geologists. (2) These moneys shall be deposited into a financial institution located in this state and shall be disbursed only by the director.

(1) The Director of the State Board of Registration for Professional Geologists shall receive and account for all moneys received in accordance with state law and the rules of the State Board of Registration for Professional Geologists.

(2) These moneys shall be deposited into a financial institution located in this state and shall be disbursed only by the director.

(b) The director shall receive such salary as the board in consultation with the Secretary of the Department of Labor and Licensing determines within the limits set forth by the General Assembly.

(c) The Department of Labor and Licensing shall employ assistants required to properly perform the board's work and shall make expenditures from this account for any purpose that, in the opinion of the board, is reasonably necessary to perform its duties under law and its rules.

(d) The board shall have no authority to incur indebtedness.

Amended by Act 2019, No. 315,§ 1409, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1408, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5430, eff. 7/1/2019.

Acts 1987, No. 470, § 6; 1987, No. 701, § 6.
Ark. Code Ann. § 17-89-204 — AR Code / Title 17 / Chapter 89 / Subchapter 2 / Section 17-89-204
Financial reporting - Disposition of funds
Status: in_force

(a) The Arkansas Board of Dispensing Opticians shall report quarterly to the Department of Finance and Administration the source of all revenue received by it pursuant to this chapter during the preceding quarter. (b) All appropriate expenses incurred by the board in the administration of the provisions of this chapter shall be paid when vouchers relating to the expenses are exhibited as having been approved by the board. (c) There is created the Board of Dispensing Opticians Fund on the books of the Treasurer of State. All moneys collected by the board shall be deposited as special revenues to the credit of that fund. Acts 1981, No. 589, § 5; A.S.A. 1947, § 72-2105.

(a) The Arkansas Board of Dispensing Opticians shall report quarterly to the Department of Finance and Administration the source of all revenue received by it pursuant to this chapter during the preceding quarter.

(b) All appropriate expenses incurred by the board in the administration of the provisions of this chapter shall be paid when vouchers relating to the expenses are exhibited as having been approved by the board.

(c) There is created the Board of Dispensing Opticians Fund on the books of the Treasurer of State. All moneys collected by the board shall be deposited as special revenues to the credit of that fund.

Acts 1981, No. 589, § 5; A.S.A. 1947, § 72-2105.
Ark. Code Ann. § 17-40-325 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-325
License or credential application
Status: in_force

(a) A person who is employed as a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent and who is required to be licensed or credentialed under this chapter shall submit a properly completed application for the license or credential to the Director of the Division of Arkansas State Police within fourteen (14) calendar days after the commencement of employment. (b) While the application for the license or credential is pending, an applicant may perform the services of a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent if the applicant is under the supervision of a person who holds a license or credential for which the applicant applied. Amended by Act 2019, No. 910,§ 5986, eff. 7/1/2019. Amended by Act 2016EX3, No. 11,§ 4, eff. 5/23/2016. Amended by Act 2016EX3, No. 10,§ 4, eff. 5/23/2016. Amended by Act 2015, No. 393,§ 73, eff. 9/1/2015. Acts 1977, No. 429, § 27; 1979, No. 907, § 16; 1983, No. 899, § 8; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, §§ 11, 14; 2005, No. 2237, § 9.

(a) A person who is employed as a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent and who is required to be licensed or credentialed under this chapter shall submit a properly completed application for the license or credential to the Director of the Division of Arkansas State Police within fourteen (14) calendar days after the commencement of employment.

(b) While the application for the license or credential is pending, an applicant may perform the services of a private investigator, a manager, a private security officer, an alarm systems technician, an alarm systems monitor, an alarm systems apprentice, or an alarm systems agent if the applicant is under the supervision of a person who holds a license or credential for which the applicant applied.

Amended by Act 2019, No. 910,§ 5986, eff. 7/1/2019.

Amended by Act 2016EX3, No. 11,§ 4, eff. 5/23/2016.

Amended by Act 2016EX3, No. 10,§ 4, eff. 5/23/2016.

Amended by Act 2015, No. 393,§ 73, eff. 9/1/2015.

Acts 1977, No. 429, § 27; 1979, No. 907, § 16; 1983, No. 899, § 8; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, §§ 11, 14; 2005, No. 2237, § 9.
Ark. Code Ann. § 17-53-204 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-204
[Repealed]
Status: repealed

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

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

Acts 1997, No. 1237, § 8.
Ark. Code Ann. § 17-92-110 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-110
[Repealed]
Status: repealed

Repealed by Act 2019, No. 309,§ 1, eff. 7/24/2019. Acts 1995, No. 409, § 20.

Repealed by Act 2019, No. 309,§ 1, eff. 7/24/2019.

Acts 1995, No. 409, § 20.
Ark. Code Ann. § 17-50-307 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-307
License - Expiration and renewal
Status: in_force

(a) Licenses issued pursuant to this subchapter are not transferable and shall expire on July 31 of each year. (b) As a condition for license renewal the Arkansas Natural Resources Commission may require the licensee or its agent to complete a program of continuing education. (c) (1) (A) The water well contractor shall renew the license annually by applying no later than thirty (30) days after the expiration date and paying the applicable fee. (B) When the water well contractor submits the renewal materials and fee, the commission shall extend the validity of the current license until the water well contractor receives the new license or the applicant is notified by the commission that it has refused to renew the license. (2) After August 31 of each year, a license will be renewed only upon application and payment of the applicable fee plus a penalty of fifty dollars ($50.00). Amended by Act 2023, No. 691,§ 135, eff. 7/1/2023. Acts 1969, No. 641, § 11; 1979, No. 80, § 4; A.S.A. 1947, § 21-2011; Acts 2003, No. 297, § 10.

(a) Licenses issued pursuant to this subchapter are not transferable and shall expire on July 31 of each year.

(b) As a condition for license renewal the Arkansas Natural Resources Commission may require the licensee or its agent to complete a program of continuing education.

(c) (1) (A) The water well contractor shall renew the license annually by applying no later than thirty (30) days after the expiration date and paying the applicable fee. (B) When the water well contractor submits the renewal materials and fee, the commission shall extend the validity of the current license until the water well contractor receives the new license or the applicant is notified by the commission that it has refused to renew the license. (2) After August 31 of each year, a license will be renewed only upon application and payment of the applicable fee plus a penalty of fifty dollars ($50.00).

(1) (A) The water well contractor shall renew the license annually by applying no later than thirty (30) days after the expiration date and paying the applicable fee. (B) When the water well contractor submits the renewal materials and fee, the commission shall extend the validity of the current license until the water well contractor receives the new license or the applicant is notified by the commission that it has refused to renew the license.

(A) The water well contractor shall renew the license annually by applying no later than thirty (30) days after the expiration date and paying the applicable fee.

(B) When the water well contractor submits the renewal materials and fee, the commission shall extend the validity of the current license until the water well contractor receives the new license or the applicant is notified by the commission that it has refused to renew the license.

(2) After August 31 of each year, a license will be renewed only upon application and payment of the applicable fee plus a penalty of fifty dollars ($50.00).

Amended by Act 2023, No. 691,§ 135, eff. 7/1/2023.

Acts 1969, No. 641, § 11; 1979, No. 80, § 4; A.S.A. 1947, § 21-2011; Acts 2003, No. 297, § 10.
Ark. Code Ann. § 17-25-505 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-505
License from committee required
Status: in_force

(a) A person shall not act as a residential building contractor after July 1, 2001, unless licensed by the Residential Contractors Committee or exempted from licensure under this subchapter. (b) A person shall not act as a home improvement contractor after January 1, 2012, unless: (1) Licensed by the committee; or (2) Exempt from licensure under this subchapter. (c) Any person, firm, partnership, copartnership, association, corporation, limited liability company, or other organization that fails to procure a license as required under this subchapter shall be deemed guilty of a Class A misdemeanor with each day in violation of the requirement to constitute a separate offense. Amended by Act 2019, No. 805,§ 20, eff. 7/1/2020. Acts 1999, No. 950, § 1; 2011, No. 1208, § 5.

(a) A person shall not act as a residential building contractor after July 1, 2001, unless licensed by the Residential Contractors Committee or exempted from licensure under this subchapter.

(b) A person shall not act as a home improvement contractor after January 1, 2012, unless: (1) Licensed by the committee; or (2) Exempt from licensure under this subchapter.

(1) Licensed by the committee; or

(2) Exempt from licensure under this subchapter.

(c) Any person, firm, partnership, copartnership, association, corporation, limited liability company, or other organization that fails to procure a license as required under this subchapter shall be deemed guilty of a Class A misdemeanor with each day in violation of the requirement to constitute a separate offense.

Amended by Act 2019, No. 805,§ 20, eff. 7/1/2020.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 5.
Ark. Code Ann. § 17-105-116 — AR Code / Title 17 / Chapter 105 / Section 17-105-116
Identification requirements
Status: in_force

Physician assistants licensed under this chapter shall keep their license available for inspection at their primary place of practice and when engaged in their professional activities shall wear a name tag identifying themselves as a physician assistant. Amended by Act 2021, No. 634,§ 15, eff. 7/28/2021. Acts 1999, No. 851, § 16.

Physician assistants licensed under this chapter shall keep their license available for inspection at their primary place of practice and when engaged in their professional activities shall wear a name tag identifying themselves as a physician assistant.

Amended by Act 2021, No. 634,§ 15, eff. 7/28/2021.

Acts 1999, No. 851, § 16.
Ark. Code Ann. § 17-84-204 — AR Code / Title 17 / Chapter 84 / Subchapter 2 / Section 17-84-204
Disposition of funds - Compensation of members
Status: in_force

(a) (1) Fees collected by the Arkansas Board of Hearing Instrument Dispensers shall be used to pay expenses in administering this chapter. (2) All moneys shall be received, disbursed, and accounted for by the Secretary-treasurer of the Arkansas Board of Hearing Instrument Dispensers or a person designated by the board who shall be bonded at the expense of the board. (3) All moneys not expended by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes expressed in this chapter. (b) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1969, No. 197, § 15; 1985, No. 570, § 1; A.S.A. 1947, § 72-1715; Acts 1991, No. 46, § 1; 1997, No. 250, § 157.

(a) (1) Fees collected by the Arkansas Board of Hearing Instrument Dispensers shall be used to pay expenses in administering this chapter. (2) All moneys shall be received, disbursed, and accounted for by the Secretary-treasurer of the Arkansas Board of Hearing Instrument Dispensers or a person designated by the board who shall be bonded at the expense of the board. (3) All moneys not expended by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes expressed in this chapter.

(1) Fees collected by the Arkansas Board of Hearing Instrument Dispensers shall be used to pay expenses in administering this chapter.

(2) All moneys shall be received, disbursed, and accounted for by the Secretary-treasurer of the Arkansas Board of Hearing Instrument Dispensers or a person designated by the board who shall be bonded at the expense of the board.

(3) All moneys not expended by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes expressed in this chapter.

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

Acts 1969, No. 197, § 15; 1985, No. 570, § 1; A.S.A. 1947, § 72-1715; Acts 1991, No. 46, § 1; 1997, No. 250, § 157.
Ark. Code Ann. § 17-23-103 — AR Code / Title 17 / Chapter 23 / Subchapter 1 / Section 17-23-103
Penalties
Status: in_force

(a) If the value of the property involved in a transaction is five hundred dollars ($500) or less, a person who violates this chapter is guilty of a Class A misdemeanor. (b) If the value of the property involved in a transaction is greater than five hundred dollars ($500), a person who violates this chapter is guilty of a Class D felony. Amended by Act 2013, No. 1213,§ 2, eff. 8/16/2013. Acts 1981, No. 87, § 7; A.S.A. 1947, § 71-5407.

(a) If the value of the property involved in a transaction is five hundred dollars ($500) or less, a person who violates this chapter is guilty of a Class A misdemeanor.

(b) If the value of the property involved in a transaction is greater than five hundred dollars ($500), a person who violates this chapter is guilty of a Class D felony.

Amended by Act 2013, No. 1213,§ 2, eff. 8/16/2013.

Acts 1981, No. 87, § 7; A.S.A. 1947, § 71-5407.
Ark. Code Ann. § 17-95-705 — AR Code / Title 17 / Chapter 95 / Subchapter 7 / Section 17-95-705
Pain Management Review Committee - Membership - Duties
Status: in_force

(a) There is created the Pain Management Review Committee, appointed by the Arkansas State Medical Board. (b) The committee shall consist of five (5) members who are full-time active physicians in direct patient care, two (2) of whom may be board-certified pain management specialists and three (3) of whom may be physicians with significant pain management in their practices or with a degree in pharmacy, appointed by the board from a list provided by the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society. (c) The committee shall: (1) Have committee representation from the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society to develop guidelines for investigations of complaints regarding conduct in violation of this subchapter; (2) Review complaints on an individual patient-needs basis regarding physicians treating chronic intractable pain in violation of this subchapter; and (3) (A) Provide an objective critique to the board for board determination in a timely manner and if so determined, before the board's disciplinary hearing. (B) In order to ensure a fair, impartial, and objective board hearing, no board member shall be: (i) Present while the committee reviews allegations of improper prescribing; or (ii) Involved in any way in the committee's deliberations. Acts 2003, No. 1405, § 1; 2005, No. 2164, § 2.

(a) There is created the Pain Management Review Committee, appointed by the Arkansas State Medical Board.

(b) The committee shall consist of five (5) members who are full-time active physicians in direct patient care, two (2) of whom may be board-certified pain management specialists and three (3) of whom may be physicians with significant pain management in their practices or with a degree in pharmacy, appointed by the board from a list provided by the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society.

(c) The committee shall: (1) Have committee representation from the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society to develop guidelines for investigations of complaints regarding conduct in violation of this subchapter; (2) Review complaints on an individual patient-needs basis regarding physicians treating chronic intractable pain in violation of this subchapter; and (3) (A) Provide an objective critique to the board for board determination in a timely manner and if so determined, before the board's disciplinary hearing. (B) In order to ensure a fair, impartial, and objective board hearing, no board member shall be: (i) Present while the committee reviews allegations of improper prescribing; or (ii) Involved in any way in the committee's deliberations.

(1) Have committee representation from the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society to develop guidelines for investigations of complaints regarding conduct in violation of this subchapter;

(2) Review complaints on an individual patient-needs basis regarding physicians treating chronic intractable pain in violation of this subchapter; and

(3) (A) Provide an objective critique to the board for board determination in a timely manner and if so determined, before the board's disciplinary hearing. (B) In order to ensure a fair, impartial, and objective board hearing, no board member shall be: (i) Present while the committee reviews allegations of improper prescribing; or (ii) Involved in any way in the committee's deliberations.

(A) Provide an objective critique to the board for board determination in a timely manner and if so determined, before the board's disciplinary hearing.

(B) In order to ensure a fair, impartial, and objective board hearing, no board member shall be: (i) Present while the committee reviews allegations of improper prescribing; or (ii) Involved in any way in the committee's deliberations.

(i) Present while the committee reviews allegations of improper prescribing; or

(ii) Involved in any way in the committee's deliberations.

Acts 2003, No. 1405, § 1; 2005, No. 2164, § 2.
Ark. Code Ann. § 17-7-103 — AR Code / Title 17 / Chapter 7 / Section 17-7-103
Applicability
Status: in_force

Unless otherwise stated in this chapter, this chapter applies to an individual who has occupational licensure in another state, territory, or district of the United States and has established a residence in this state. Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.

Unless otherwise stated in this chapter, this chapter applies to an individual who has occupational licensure in another state, territory, or district of the United States and has established a residence in this state.

Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-26-403 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-403
School of cosmetology - Application to operate - License
Status: in_force

(a) Schools of cosmetology shall be conducted as provided in this subchapter. (b) (1) A person, firm, or corporation desiring to conduct a school of cosmetology shall apply to the Department of Health for approval. (2) The Division of Elementary and Secondary Education shall not be required to apply to the department for approval. (3) (A) When an application is made after January 1, the portion of the registration fee that the unexpired number of months in the year bears to the entire year, including the month the application is made, shall be paid to the department. (B) In such a case the department shall issue a license for the fractional part of the year. (c) The license authorizes the school of cosmetology holding it to transact operations in this state during the year or fraction thereof for which it is issued subject to the rules of the department. (d) Nothing in this section shall be construed as authorization or permission to conduct a school of cosmetology without a valid, existing, and unexpired license. (e) A license issued by the department shall designate on the written license whether the school of cosmetology is licensed as: (1) A school of cosmetology; or (2) A postsecondary school of cosmetology. Amended by Act 2019, No. 910,§ 2239, eff. 7/1/2019. Amended by Act 2013, No. 1198,§ 3, eff. 8/16/2013. Acts 1955, No. 358, Art. 8, §§ 1, 2; 1965, No. 403, § 12; 1973, No. 566, § 3; A.S.A. 1947, §§ 71-852, 71-853; Acts 2007, No. 223, § 34; 2009, No. 4, § 15.

(a) Schools of cosmetology shall be conducted as provided in this subchapter.

(b) (1) A person, firm, or corporation desiring to conduct a school of cosmetology shall apply to the Department of Health for approval. (2) The Division of Elementary and Secondary Education shall not be required to apply to the department for approval. (3) (A) When an application is made after January 1, the portion of the registration fee that the unexpired number of months in the year bears to the entire year, including the month the application is made, shall be paid to the department. (B) In such a case the department shall issue a license for the fractional part of the year.

(1) A person, firm, or corporation desiring to conduct a school of cosmetology shall apply to the Department of Health for approval.

(2) The Division of Elementary and Secondary Education shall not be required to apply to the department for approval.

(3) (A) When an application is made after January 1, the portion of the registration fee that the unexpired number of months in the year bears to the entire year, including the month the application is made, shall be paid to the department. (B) In such a case the department shall issue a license for the fractional part of the year.

(A) When an application is made after January 1, the portion of the registration fee that the unexpired number of months in the year bears to the entire year, including the month the application is made, shall be paid to the department.

(B) In such a case the department shall issue a license for the fractional part of the year.

(c) The license authorizes the school of cosmetology holding it to transact operations in this state during the year or fraction thereof for which it is issued subject to the rules of the department.

(d) Nothing in this section shall be construed as authorization or permission to conduct a school of cosmetology without a valid, existing, and unexpired license.

(e) A license issued by the department shall designate on the written license whether the school of cosmetology is licensed as: (1) A school of cosmetology; or (2) A postsecondary school of cosmetology.

(1) A school of cosmetology; or

(2) A postsecondary school of cosmetology.

Amended by Act 2019, No. 910,§ 2239, eff. 7/1/2019.

Amended by Act 2013, No. 1198,§ 3, eff. 8/16/2013.

Acts 1955, No. 358, Art. 8, §§ 1, 2; 1965, No. 403, § 12; 1973, No. 566, § 3; A.S.A. 1947, §§ 71-852, 71-853; Acts 2007, No. 223, § 34; 2009, No. 4, § 15.
Ark. Code Ann. § 17-40-107 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-107
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 45, eff. 9/1/2015. Acts 1991, No. 709, § 2.

Repealed by Act 2015, No. 393,§ 45, eff. 9/1/2015.

Acts 1991, No. 709, § 2.
Ark. Code Ann. § 17-20-501 — AR Code / Title 17 / Chapter 20 / Subchapter 5 / Section 17-20-501
Scope of employment
Status: in_force

A certified barber technician may be employed in a licensed barbershop and may assist the barber in shampooing and sanitizing so long as the shampooing and sanitizing is done and performed under the direct personal supervision of a licensed barber. The barber technician shall not be permitted to cut or style hair or otherwise engage in the practice of barbering. Amended by Act 2017, No. 1060,§ 31, eff. 8/1/2017. Acts 1971, No. 541, § 1; A.S.A. 1947, § 71-536.

A certified barber technician may be employed in a licensed barbershop and may assist the barber in shampooing and sanitizing so long as the shampooing and sanitizing is done and performed under the direct personal supervision of a licensed barber. The barber technician shall not be permitted to cut or style hair or otherwise engage in the practice of barbering.

Amended by Act 2017, No. 1060,§ 31, eff. 8/1/2017.

Acts 1971, No. 541, § 1; A.S.A. 1947, § 71-536.
Ark. Code Ann. § 17-35-103 — AR Code / Title 17 / Chapter 35 / Subchapter 1 / Section 17-35-103
Definition
Status: in_force

(a) As used in this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 , "registered interior designer" means a person registered under this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 . (b) (1) A registered interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority. (2) In general, a registered interior designer performs services including preparation of working drawings and documents relative to non-load-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment. (c) Except as provided herein, interior design services do not include services that constitute the practice of architecture as defined in the Arkansas Architectural Act, § 17-15-101 et seq., or the practice of engineering as defined in the Arkansas Engineering Act, § 17-30-101 et seq. Acts 1993, No. 847, § 3; 2009, No. 1367, § 11; 2011, No. 859, § 4.

(a) As used in this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 , "registered interior designer" means a person registered under this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 .

(b) (1) A registered interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority. (2) In general, a registered interior designer performs services including preparation of working drawings and documents relative to non-load-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment.

(1) A registered interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority.

(2) In general, a registered interior designer performs services including preparation of working drawings and documents relative to non-load-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment.

(c) Except as provided herein, interior design services do not include services that constitute the practice of architecture as defined in the Arkansas Architectural Act, § 17-15-101 et seq., or the practice of engineering as defined in the Arkansas Engineering Act, § 17-30-101 et seq.

Acts 1993, No. 847, § 3; 2009, No. 1367, § 11; 2011, No. 859, § 4.
Ark. Code Ann. § 17-12-301 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-301
Requirements generally
Status: in_force

(a) A certificate as a certified public accountant shall be granted by the Arkansas State Board of Public Accountancy to any person: (1) Who has met the education and experience requirements set forth in this chapter and by the board; and (2) Who has passed an examination in accounting and auditing and such related subjects as the board shall determine to be appropriate. (b) (1) Any person who has received from the board a certificate as a certified public accountant which is currently in full force and effect shall be styled and known as a "certified public accountant" and may also use the abbreviation "CPA". (2) The board shall maintain a list of certified public accountants. (c) Any certified public accountant may also be known as a "public accountant". Amended by Act 2019, No. 990,§ 7, eff. 7/24/2019. Acts 1975, No. 160, §§ 3, 3A; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1989, No. 696, § 1; 1997, No. 242, § 4; 1999, No. 180, § 12; 2005, No. 54, § 6.

(a) A certificate as a certified public accountant shall be granted by the Arkansas State Board of Public Accountancy to any person: (1) Who has met the education and experience requirements set forth in this chapter and by the board; and (2) Who has passed an examination in accounting and auditing and such related subjects as the board shall determine to be appropriate.

(1) Who has met the education and experience requirements set forth in this chapter and by the board; and

(2) Who has passed an examination in accounting and auditing and such related subjects as the board shall determine to be appropriate.

(b) (1) Any person who has received from the board a certificate as a certified public accountant which is currently in full force and effect shall be styled and known as a "certified public accountant" and may also use the abbreviation "CPA". (2) The board shall maintain a list of certified public accountants.

(1) Any person who has received from the board a certificate as a certified public accountant which is currently in full force and effect shall be styled and known as a "certified public accountant" and may also use the abbreviation "CPA".

(2) The board shall maintain a list of certified public accountants.

(c) Any certified public accountant may also be known as a "public accountant".

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

Acts 1975, No. 160, §§ 3, 3A; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1989, No. 696, § 1; 1997, No. 242, § 4; 1999, No. 180, § 12; 2005, No. 54, § 6.
Ark. Code Ann. § 17-50-204 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-204
Powers and duties
Status: in_force

(a) The Arkansas Natural Resources Commission shall be responsible for the administration of this chapter and shall adopt, and from time to time amend or repeal, necessary rules governing the installation, construction, repair, and abandonment of water wells and pumping equipment. With respect thereto, the commission shall: (1) Hold public hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) Issue such orders and take such other actions as may be necessary to enforce the provisions of this chapter and the rules adopted under this chapter; (3) Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this chapter; (4) Prepare subject matter for examinations to test the knowledge and skills of: (A) Water well drillers in the construction, alteration, and repair of water wells, including proper sealing and abandonment of water wells, and the rules of this chapter; (B) Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules of this chapter; and (C) Other persons who by trade install, alter, construct, or repair water wells and related equipment and who are eligible for license or certificate; (5) Adopt, amend, or repeal, and publish rules governing examinations; (6) Authorize the Department of Agriculture to: (A) Hold examinations of applicants for certificates of registration at least one (1) time a year; (B) Grade all tests and examinations for certificates of registration; and (C) Issue licenses, permits, or certificates for the type or class of well construction or repair or pump installation; and (7) Perform such other duties as are consistent with the purposes of this chapter. (b) The commission may adopt and procure a seal for its official use. Amended by Act 2023, No. 691,§ 125, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1483, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 109, eff. 7/1/2019. Acts 1969, No. 641, §§ 5, 6; 1979, No. 80, § 1; A.S.A. 1947, §§ 21-2005, 21-2006; Acts 1987, No. 693, § 3; 1989, No. 748, § 1.

(a) The Arkansas Natural Resources Commission shall be responsible for the administration of this chapter and shall adopt, and from time to time amend or repeal, necessary rules governing the installation, construction, repair, and abandonment of water wells and pumping equipment. With respect thereto, the commission shall: (1) Hold public hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) Issue such orders and take such other actions as may be necessary to enforce the provisions of this chapter and the rules adopted under this chapter; (3) Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this chapter; (4) Prepare subject matter for examinations to test the knowledge and skills of: (A) Water well drillers in the construction, alteration, and repair of water wells, including proper sealing and abandonment of water wells, and the rules of this chapter; (B) Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules of this chapter; and (C) Other persons who by trade install, alter, construct, or repair water wells and related equipment and who are eligible for license or certificate; (5) Adopt, amend, or repeal, and publish rules governing examinations; (6) Authorize the Department of Agriculture to: (A) Hold examinations of applicants for certificates of registration at least one (1) time a year; (B) Grade all tests and examinations for certificates of registration; and (C) Issue licenses, permits, or certificates for the type or class of well construction or repair or pump installation; and (7) Perform such other duties as are consistent with the purposes of this chapter.

(1) Hold public hearings in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) Issue such orders and take such other actions as may be necessary to enforce the provisions of this chapter and the rules adopted under this chapter;

(3) Establish procedures and forms for the submission, review, approval, and rejection of applications, notifications, and reports required under this chapter;

(4) Prepare subject matter for examinations to test the knowledge and skills of: (A) Water well drillers in the construction, alteration, and repair of water wells, including proper sealing and abandonment of water wells, and the rules of this chapter; (B) Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules of this chapter; and (C) Other persons who by trade install, alter, construct, or repair water wells and related equipment and who are eligible for license or certificate;

(A) Water well drillers in the construction, alteration, and repair of water wells, including proper sealing and abandonment of water wells, and the rules of this chapter;

(B) Pump installers in the planning, installation, operation, and repair of pumping equipment and water wells including sealing and abandonment, pumping efficiency, and the rules of this chapter; and

(C) Other persons who by trade install, alter, construct, or repair water wells and related equipment and who are eligible for license or certificate;

(5) Adopt, amend, or repeal, and publish rules governing examinations;

(6) Authorize the Department of Agriculture to: (A) Hold examinations of applicants for certificates of registration at least one (1) time a year; (B) Grade all tests and examinations for certificates of registration; and (C) Issue licenses, permits, or certificates for the type or class of well construction or repair or pump installation; and

(A) Hold examinations of applicants for certificates of registration at least one (1) time a year;

(B) Grade all tests and examinations for certificates of registration; and

(C) Issue licenses, permits, or certificates for the type or class of well construction or repair or pump installation; and

(7) Perform such other duties as are consistent with the purposes of this chapter.

(b) The commission may adopt and procure a seal for its official use.

Amended by Act 2023, No. 691,§ 125, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1483, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 109, eff. 7/1/2019.

Acts 1969, No. 641, §§ 5, 6; 1979, No. 80, § 1; A.S.A. 1947, §§ 21-2005, 21-2006; Acts 1987, No. 693, § 3; 1989, No. 748, § 1.
Ark. Code Ann. § 17-80-109 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-109
Definitions - Acts 1999, No. 338
Status: in_force

As used in this act: (1) "Healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease; and (2) "Healthcare service" means that service offered or provided relating to the prevention, cure, or treatment of illness, injury, or disease and includes services performed by healing arts practitioners. Acts 1999, NoActs 1999, No. 338, § 1.

As used in this act:

(1) "Healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease; and

(2) "Healthcare service" means that service offered or provided relating to the prevention, cure, or treatment of illness, injury, or disease and includes services performed by healing arts practitioners.

Acts 1999, NoActs 1999, No. 338, § 1.
Ark. Code Ann. § 17-25-501 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-501
Purpose
Status: in_force

It is the intent of this subchapter to protect homeowners and the purchasers of homes constructed in this state by establishing reasonable and adequate licensing and regulation of homebuilders and home improvement contractors. It is intended that this subchapter apply to everyone not specifically excluded. It is also the intent of this subchapter that the Residential Contractors Committee be located with the Contractors Licensing Board and that the staff and appropriation for the board be utilized to implement this subchapter. Acts 1999, No. 950, § 1; 2011, No. 1208, § 1.

It is the intent of this subchapter to protect homeowners and the purchasers of homes constructed in this state by establishing reasonable and adequate licensing and regulation of homebuilders and home improvement contractors. It is intended that this subchapter apply to everyone not specifically excluded. It is also the intent of this subchapter that the Residential Contractors Committee be located with the Contractors Licensing Board and that the staff and appropriation for the board be utilized to implement this subchapter.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 1.
Ark. Code Ann. § 17-29-403 — AR Code / Title 17 / Chapter 29 / Subchapter 4 / Section 17-29-403
Civil penalties - Attorney's fees - Code of conduct
Status: in_force

(a) Whenever the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that a person has violated any provision of § 17-29-301 et seq., § 23-61-1101 et seq., or the rules promulgated by the board, the board may impose a civil penalty on that person not to exceed ten thousand dollars ($10,000) per violation. (b) If a person against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty. (c) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees, and costs incurred by the board in prosecuting the action. (d) Upon determination by the board that a licensee has committed malpractice, the board may suspend or revoke the license or impose the civil penalty provided in subsection (a) of this section or impose the civil penalty in addition to the suspension or revocation. Furthermore, the board may promulgate a code of conduct for its licensees, the violation of which may result in the imposition of the penalties prescribed in this subsection. Amended by Act 2017, No. 788,§ 28, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 41, eff. 7/22/2015. Acts 1985, No. 217, § 2; A.S.A. 1947, § 71-927; Acts 1989, No. 106, § 5; 1997, No. 839, § 8.

(a) Whenever the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that a person has violated any provision of § 17-29-301 et seq., § 23-61-1101 et seq., or the rules promulgated by the board, the board may impose a civil penalty on that person not to exceed ten thousand dollars ($10,000) per violation.

(b) If a person against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty.

(c) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees, and costs incurred by the board in prosecuting the action.

(d) Upon determination by the board that a licensee has committed malpractice, the board may suspend or revoke the license or impose the civil penalty provided in subsection (a) of this section or impose the civil penalty in addition to the suspension or revocation. Furthermore, the board may promulgate a code of conduct for its licensees, the violation of which may result in the imposition of the penalties prescribed in this subsection.

Amended by Act 2017, No. 788,§ 28, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 41, eff. 7/22/2015.

Acts 1985, No. 217, § 2; A.S.A. 1947, § 71-927; Acts 1989, No. 106, § 5; 1997, No. 839, § 8.
Ark. Code Ann. § 17-5-102 — AR Code / Title 17 / Chapter 5 / Section 17-5-102
Legislative findings - Purpose
Status: in_force

(a) The General Assembly finds that: (1) Entrepreneurs and workers must pay various fees in order to work in a government-regulated profession or occupation or to start a small business in Arkansas; (2) Families trying to break the cycle of government dependency should not have to pay the state to earn a living; and (3) Arkansas should waive initial fees associated with occupational and professional regulations and the formation of a business for low-income individuals. (b) It is the purpose of this chapter to increase access to professional and occupational licenses that would otherwise be cost prohibitive for certain individuals. Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.

(a) The General Assembly finds that: (1) Entrepreneurs and workers must pay various fees in order to work in a government-regulated profession or occupation or to start a small business in Arkansas; (2) Families trying to break the cycle of government dependency should not have to pay the state to earn a living; and (3) Arkansas should waive initial fees associated with occupational and professional regulations and the formation of a business for low-income individuals.

(1) Entrepreneurs and workers must pay various fees in order to work in a government-regulated profession or occupation or to start a small business in Arkansas;

(2) Families trying to break the cycle of government dependency should not have to pay the state to earn a living; and

(3) Arkansas should waive initial fees associated with occupational and professional regulations and the formation of a business for low-income individuals.

(b) It is the purpose of this chapter to increase access to professional and occupational licenses that would otherwise be cost prohibitive for certain individuals.

Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 17-25-303 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-303
Application - Renewal - Fees
Status: in_force

(a) (1) (A) A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board. (B) The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board. (2) The thirty-day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required. (b) Thereafter, an annual renewal license or registration fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee or registrant to defray the costs and expenses of the administration of this chapter. Amended by Act 2019, No. 805,§ 10, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 9, eff. 7/1/2020. Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 1997, No. 335, § 1.

(a) (1) (A) A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board. (B) The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board. (2) The thirty-day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required.

(1) (A) A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board. (B) The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board.

(A) A person desiring to be licensed or registered as a contractor in this state shall make and file with the Contractors Licensing Board thirty (30) days before any regular or special meeting of the board, a written application on a form prescribed by the board, for examination by the board.

(B) The application shall be accompanied by payment in a sum to be determined by the board, but not to exceed one hundred dollars ($100) to the board.

(2) The thirty-day requirement may be waived by the board provided that the contractor has on file with the board a completed original application and proof of having successfully completed any examination required.

(b) Thereafter, an annual renewal license or registration fee to be determined by the board but not to exceed one hundred dollars ($100) shall be paid by each licensee or registrant to defray the costs and expenses of the administration of this chapter.

Amended by Act 2019, No. 805,§ 10, eff. 7/1/2020.

Amended by Act 2019, No. 805,§ 9, eff. 7/1/2020.

Acts 1965, No. 150, § 8; 1971, No. 546, § 1; 1979, No. 1020, § 3; 1985, No. 180, § 3; A.S.A. 1947, § 71-708; Acts 1997, No. 335, § 1.
Ark. Code Ann. § 17-89-404 — AR Code / Title 17 / Chapter 89 / Subchapter 4 / Section 17-89-404
Branch offices
Status: in_force

(a) No licensed or registered dispensing optician or other person in this state shall establish more than two (2) ophthalmic dispensing branch offices in addition to his or her principal office unless he or she shall have first secured a branch office permit from the Arkansas Board of Dispensing Opticians. (b) (1) With board approval, the board shall promulgate rules establishing the branch office permit and the procedures for issuing, suspending, or revoking the branch office permit. (2) The rules shall comply with the pertinent provisions of all existing state law. (c) All businesses providing retail ophthalmic dispensing services, as defined in § 17-89-102(4) , to the public must have physically present a licensed or registered dispensing optician within the place of business at the time the services are provided. (d) Each optical dispensary in the State of Arkansas whose title does not contain the proper name of an Arkansas optometrist or Arkansas physician skilled in diseases of the eye or a licensed or registered dispensing optician holding a certificate of licensure or registry in the State of Arkansas must file a certificate of ownership each year with the board between June 1 and June 30. Each certificate of ownership must give the name and address of the dispensary, the optometrist or physician skilled in diseases of the eye, or licensed or registered dispensing optician or person who owns or maintains legal responsibility of the dispensary. Amended by Act 2019, No. 315,§ 1552, eff. 7/24/2019. Acts 1981, No. 589, § 16; A.S.A. 1947, § 72-2116; Acts 1987, No. 966, § 4.

(a) No licensed or registered dispensing optician or other person in this state shall establish more than two (2) ophthalmic dispensing branch offices in addition to his or her principal office unless he or she shall have first secured a branch office permit from the Arkansas Board of Dispensing Opticians.

(b) (1) With board approval, the board shall promulgate rules establishing the branch office permit and the procedures for issuing, suspending, or revoking the branch office permit. (2) The rules shall comply with the pertinent provisions of all existing state law.

(1) With board approval, the board shall promulgate rules establishing the branch office permit and the procedures for issuing, suspending, or revoking the branch office permit.

(2) The rules shall comply with the pertinent provisions of all existing state law.

(c) All businesses providing retail ophthalmic dispensing services, as defined in § 17-89-102(4) , to the public must have physically present a licensed or registered dispensing optician within the place of business at the time the services are provided.

(d) Each optical dispensary in the State of Arkansas whose title does not contain the proper name of an Arkansas optometrist or Arkansas physician skilled in diseases of the eye or a licensed or registered dispensing optician holding a certificate of licensure or registry in the State of Arkansas must file a certificate of ownership each year with the board between June 1 and June 30. Each certificate of ownership must give the name and address of the dispensary, the optometrist or physician skilled in diseases of the eye, or licensed or registered dispensing optician or person who owns or maintains legal responsibility of the dispensary.

Amended by Act 2019, No. 315,§ 1552, eff. 7/24/2019.

Acts 1981, No. 589, § 16; A.S.A. 1947, § 72-2116; Acts 1987, No. 966, § 4.
Ark. Code Ann. § 17-100-306 — AR Code / Title 17 / Chapter 100 / Subchapter 3 / Section 17-100-306
Continuing education
Status: in_force

The Board of Examiners in Speech-Language Pathology and Audiology shall require the applicant for license renewal to present evidence of the satisfactory completion of continuing education requirements as determined and published by the board. Acts 1975, No. 277, § 19; A.S.A. 1947, § 72-1819.

The Board of Examiners in Speech-Language Pathology and Audiology shall require the applicant for license renewal to present evidence of the satisfactory completion of continuing education requirements as determined and published by the board.

Acts 1975, No. 277, § 19; A.S.A. 1947, § 72-1819.
Ark. Code Ann. § 17-101-314 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-314
Practicing without a license - Commission penalties
Status: in_force

(a) (1) (A) If upon completion of an investigation the Director of the Arkansas Livestock and Poultry Commission has probable cause to believe that a veterinarian or an unlicensed person acting as a veterinarian has violated the provisions of this chapter, he or she may issue a citation to the veterinarian or unlicensed person, as provided in this section. (B) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated. (C) Each citation may also contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty not to exceed five thousand dollars ($5,000). (2) The citation shall be served upon the veterinarian or unlicensed individual personally or by any type of mailing requiring a return receipt. (b) (1) If a veterinarian or unlicensed person desires to administratively contest a civil citation or the proposed assessment of a civil penalty, he or she shall notify within ten (10) business days after service of the citation the executive officer in writing of his or her request. (2) Upon receipt of the request, a hearing on the matter shall be scheduled before the commission. (c) Any administrative hearing shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) In addition to the penalties provided in this section, the commission may institute legal proceedings to enjoin the violation of the provisions of this chapter or the rules of the commission in any court of competent jurisdiction, and the court may grant a temporary or permanent injunction restraining the violation thereof. Amended by Act 2023, No. 691,§ 171, eff. 7/1/2023. Amended by Act 2021, No. 130,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 130,§ 6, eff. 7/28/2021. Acts 1995, No. 1348, § 7; 2001, No. 1741, § 8.

(a) (1) (A) If upon completion of an investigation the Director of the Arkansas Livestock and Poultry Commission has probable cause to believe that a veterinarian or an unlicensed person acting as a veterinarian has violated the provisions of this chapter, he or she may issue a citation to the veterinarian or unlicensed person, as provided in this section. (B) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated. (C) Each citation may also contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty not to exceed five thousand dollars ($5,000). (2) The citation shall be served upon the veterinarian or unlicensed individual personally or by any type of mailing requiring a return receipt.

(1) (A) If upon completion of an investigation the Director of the Arkansas Livestock and Poultry Commission has probable cause to believe that a veterinarian or an unlicensed person acting as a veterinarian has violated the provisions of this chapter, he or she may issue a citation to the veterinarian or unlicensed person, as provided in this section. (B) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated. (C) Each citation may also contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty not to exceed five thousand dollars ($5,000).

(A) If upon completion of an investigation the Director of the Arkansas Livestock and Poultry Commission has probable cause to believe that a veterinarian or an unlicensed person acting as a veterinarian has violated the provisions of this chapter, he or she may issue a citation to the veterinarian or unlicensed person, as provided in this section.

(B) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this chapter alleged to have been violated.

(C) Each citation may also contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of a civil penalty not to exceed five thousand dollars ($5,000).

(2) The citation shall be served upon the veterinarian or unlicensed individual personally or by any type of mailing requiring a return receipt.

(b) (1) If a veterinarian or unlicensed person desires to administratively contest a civil citation or the proposed assessment of a civil penalty, he or she shall notify within ten (10) business days after service of the citation the executive officer in writing of his or her request. (2) Upon receipt of the request, a hearing on the matter shall be scheduled before the commission.

(1) If a veterinarian or unlicensed person desires to administratively contest a civil citation or the proposed assessment of a civil penalty, he or she shall notify within ten (10) business days after service of the citation the executive officer in writing of his or her request.

(2) Upon receipt of the request, a hearing on the matter shall be scheduled before the commission.

(c) Any administrative hearing shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) In addition to the penalties provided in this section, the commission may institute legal proceedings to enjoin the violation of the provisions of this chapter or the rules of the commission in any court of competent jurisdiction, and the court may grant a temporary or permanent injunction restraining the violation thereof.

Amended by Act 2023, No. 691,§ 171, eff. 7/1/2023.

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

Amended by Act 2021, No. 130,§ 6, eff. 7/28/2021.

Acts 1995, No. 1348, § 7; 2001, No. 1741, § 8.
Ark. Code Ann. § 17-95-703 — AR Code / Title 17 / Chapter 95 / Subchapter 7 / Section 17-95-703
Definitions
Status: in_force

As used in this subchapter: (1) "Chronic intractable pain" means a pain state for which the cause of the pain cannot be removed or otherwise treated and for which no relief or cure has been found after reasonable efforts by a physician; (2) (A) "Dangerous or controlled drugs" means drugs used for pain relief, including, but not limited to: (i) Opioids; and (ii) Other drugs classified under Schedule II, III, IV, or V by the United States Food and Drug Administration. (B) "Dangerous or controlled drugs" does not include any substance the prescription of which is illegal under federal law; (3) "Disciplinary action" means any remedial or punitive sanctions imposed on a licensed physician by the Arkansas State Medical Board; (4) "Patient" means a person seeking medical diagnosis and treatment; and (5) "Physician" means a licensee of the board. Amended by Act 2019, No. 386,§ 51, eff. 7/24/2019. Acts 2003, No. 1405, § 1.

As used in this subchapter:

(1) "Chronic intractable pain" means a pain state for which the cause of the pain cannot be removed or otherwise treated and for which no relief or cure has been found after reasonable efforts by a physician;

(2) (A) "Dangerous or controlled drugs" means drugs used for pain relief, including, but not limited to: (i) Opioids; and (ii) Other drugs classified under Schedule II, III, IV, or V by the United States Food and Drug Administration. (B) "Dangerous or controlled drugs" does not include any substance the prescription of which is illegal under federal law;

(A) "Dangerous or controlled drugs" means drugs used for pain relief, including, but not limited to: (i) Opioids; and (ii) Other drugs classified under Schedule II, III, IV, or V by the United States Food and Drug Administration.

(i) Opioids; and

(ii) Other drugs classified under Schedule II, III, IV, or V by the United States Food and Drug Administration.

(B) "Dangerous or controlled drugs" does not include any substance the prescription of which is illegal under federal law;

(3) "Disciplinary action" means any remedial or punitive sanctions imposed on a licensed physician by the Arkansas State Medical Board;

(4) "Patient" means a person seeking medical diagnosis and treatment; and

(5) "Physician" means a licensee of the board.

Amended by Act 2019, No. 386,§ 51, eff. 7/24/2019.

Acts 2003, No. 1405, § 1.
Ark. Code Ann. § 17-87-202 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-202
Organization and proceedings
Status: in_force

(a) (1) It shall be the duty of the Arkansas State Board of Nursing to meet regularly at least one (1) time every six (6) months for the purpose of conducting its business. (2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Nursing or by the Secretary of the Arkansas State Board of Nursing on the request of any three (3) members of the board. (3) A majority of the members shall constitute a quorum at any meeting of the board. (4) The board shall determine by its own rules the time and manner of giving notice of meetings to its members. (5) The giving of an examination for licensure shall not be considered as a meeting of the board. (b) The secretary shall keep a record of the minutes of the meetings of the board, together with a record of the action of the board thereon. The records shall at all reasonable times be open for public inspection. (c) The Department of Health shall maintain an office for the administration of the board's business. (d) The board shall annually elect a president, vice president, secretary, and treasurer from among its members. The president shall be a registered nurse. (e) The Director of the Arkansas State Board of Nursing shall be a registered nurse and meet the qualifications required by the board. Amended by Act 2019, No. 910,§ 4878, eff. 7/1/2019. Acts 1971, No. 432, §§ 4, 8, 9; 1979, No. 404, §§ 3, 5, 6; A.S.A. 1947, §§ 72-748, 72-752, 72-753; Acts 2003, No. 41, § 1.

(a) (1) It shall be the duty of the Arkansas State Board of Nursing to meet regularly at least one (1) time every six (6) months for the purpose of conducting its business. (2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Nursing or by the Secretary of the Arkansas State Board of Nursing on the request of any three (3) members of the board. (3) A majority of the members shall constitute a quorum at any meeting of the board. (4) The board shall determine by its own rules the time and manner of giving notice of meetings to its members. (5) The giving of an examination for licensure shall not be considered as a meeting of the board.

(1) It shall be the duty of the Arkansas State Board of Nursing to meet regularly at least one (1) time every six (6) months for the purpose of conducting its business.

(2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Nursing or by the Secretary of the Arkansas State Board of Nursing on the request of any three (3) members of the board.

(3) A majority of the members shall constitute a quorum at any meeting of the board.

(4) The board shall determine by its own rules the time and manner of giving notice of meetings to its members.

(5) The giving of an examination for licensure shall not be considered as a meeting of the board.

(b) The secretary shall keep a record of the minutes of the meetings of the board, together with a record of the action of the board thereon. The records shall at all reasonable times be open for public inspection.

(c) The Department of Health shall maintain an office for the administration of the board's business.

(d) The board shall annually elect a president, vice president, secretary, and treasurer from among its members. The president shall be a registered nurse.

(e) The Director of the Arkansas State Board of Nursing shall be a registered nurse and meet the qualifications required by the board.

Amended by Act 2019, No. 910,§ 4878, eff. 7/1/2019.

Acts 1971, No. 432, §§ 4, 8, 9; 1979, No. 404, §§ 3, 5, 6; A.S.A. 1947, §§ 72-748, 72-752, 72-753; Acts 2003, No. 41, § 1.
Ark. Code Ann. § 17-95-906 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-906
Prescriptive authority
Status: in_force

(a) (1) A physician who is supervising a graduate registered physician may delegate prescriptive authority to a graduate registered physician to include prescribing, ordering, and administering Schedules III-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices. (2) All prescriptions and orders issued by a graduate registered physician also shall identify his or her supervising physician. (b) A graduate registered physician's level of prescriptive authority shall not exceed the authority of the supervising physician. (c) A graduate registered physician who prescribes controlled substances shall register with the United States Drug Enforcement Administration as part of the United States Drug Enforcement Administration's Mid-Level Practitioner Registry, 21 C.F.R. Part 1300, 58 F.R. 31171-31175, and the Controlled Substances Act, 21 U.S.C. § 801 et seq. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

(a) (1) A physician who is supervising a graduate registered physician may delegate prescriptive authority to a graduate registered physician to include prescribing, ordering, and administering Schedules III-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices. (2) All prescriptions and orders issued by a graduate registered physician also shall identify his or her supervising physician.

(1) A physician who is supervising a graduate registered physician may delegate prescriptive authority to a graduate registered physician to include prescribing, ordering, and administering Schedules III-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices.

(2) All prescriptions and orders issued by a graduate registered physician also shall identify his or her supervising physician.

(b) A graduate registered physician's level of prescriptive authority shall not exceed the authority of the supervising physician.

(c) A graduate registered physician who prescribes controlled substances shall register with the United States Drug Enforcement Administration as part of the United States Drug Enforcement Administration's Mid-Level Practitioner Registry, 21 C.F.R. Part 1300, 58 F.R. 31171-31175, and the Controlled Substances Act, 21 U.S.C. § 801 et seq.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-92-105 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-105
Prohibited acts - Penalties
Status: in_force

(a) Violation of any part of this section and § 17-92-101 , § 17-92-102 , § 17-92-103 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) not otherwise provided for shall be a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300). (b) Each day of violation shall constitute a separate offense. Acts 1929, No. 72, § 17; Pope's Dig., § 4637; A.S.A. 1947, § 72-1031; Acts 2005, No. 1994, § 88.

(a) Violation of any part of this section and § 17-92-101 , § 17-92-102 , § 17-92-103 , § 17-92-205(b) , § 17-92-206(b) , § 17-92-303 , § 17-92-402 , § 17-92-404 , § 17-92-405 , § 17-92-409 , § 17-92-410 , and § 17-92-411(a) not otherwise provided for shall be a violation and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300).

(b) Each day of violation shall constitute a separate offense.

Acts 1929, No. 72, § 17; Pope's Dig., § 4637; A.S.A. 1947, § 72-1031; Acts 2005, No. 1994, § 88.
Ark. Code Ann. § 17-82-208 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-208
Rules
Status: in_force

(a) The Arkansas State Board of Dental Examiners shall have the power to promulgate rules in order to carry out the intent and purposes of this chapter. (b) The board shall by rule prescribe specifically those acts, services, procedures, and practices which constitute the practice of dentistry. (c) The board shall also by rule prescribe those acts, services, procedures, and practices which may be performed by dental hygienists and dental assistants at the direction and under the direct supervision of a licensed dentist and shall impose requirements and restrictions on the performance thereof by dental hygienists and dental assistants as it shall deem proper and necessary to protect and promote the public health and welfare of the citizens of this state. (d) Rules promulgated by the board pursuant to the provisions of this section shall be adopted in accordance with the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and these rules shall be filed and shall be subject to judicial review as provided in that act. (e) The board shall promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board. Amended by Act 2019, No. 315,§ 1514, eff. 7/24/2019. Amended by Act 2017, No. 820,§ 8, eff. 8/1/2017. Acts 1955, No. 14, § 4; 1969, No. 91, § 1; 1973, No. 85, § 7; 1981, No. 889, § 1; A.S.A. 1947, §§ 72-537.1, 72-543.

(a) The Arkansas State Board of Dental Examiners shall have the power to promulgate rules in order to carry out the intent and purposes of this chapter.

(b) The board shall by rule prescribe specifically those acts, services, procedures, and practices which constitute the practice of dentistry.

(c) The board shall also by rule prescribe those acts, services, procedures, and practices which may be performed by dental hygienists and dental assistants at the direction and under the direct supervision of a licensed dentist and shall impose requirements and restrictions on the performance thereof by dental hygienists and dental assistants as it shall deem proper and necessary to protect and promote the public health and welfare of the citizens of this state.

(d) Rules promulgated by the board pursuant to the provisions of this section shall be adopted in accordance with the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and these rules shall be filed and shall be subject to judicial review as provided in that act.

(e) The board shall promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.

Amended by Act 2019, No. 315,§ 1514, eff. 7/24/2019.

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

Acts 1955, No. 14, § 4; 1969, No. 91, § 1; 1973, No. 85, § 7; 1981, No. 889, § 1; A.S.A. 1947, §§ 72-537.1, 72-543.
Ark. Code Ann. § 17-53-203 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Acts 1997, No. 1237, § 7.

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

Acts 1997, No. 1237, § 7.
Ark. Code Ann. § 17-39-204 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-204
Agent for service for nonresident interns and licensees
Status: in_force

(a) In addition to other application requirements, a polygraph examiner licensee or an intern polygraph examiner licensee who does not maintain a place of business in Arkansas shall file with the Director of the Division of Arkansas State Police an irrevocable consent that: (1) Actions against the licensee may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose; and (2) Service of process of the action may be obtained on the licensee by leaving two (2) copies of the process with the director. (b) The consent shall stipulate and agree that the service of process upon the director shall be taken and held to be valid and binding for all purposes. (c) The director shall promptly forward one (1) copy of the process to the licensee at the address shown on the records of the director by certified mail, return receipt requested. Amended by Act 2019, No. 910,§ 5937, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 14, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 13, eff. 8/16/2013. Acts 1967, No. 413, § 10; A.S.A. 1947, § 71-2209.

(a) In addition to other application requirements, a polygraph examiner licensee or an intern polygraph examiner licensee who does not maintain a place of business in Arkansas shall file with the Director of the Division of Arkansas State Police an irrevocable consent that: (1) Actions against the licensee may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose; and (2) Service of process of the action may be obtained on the licensee by leaving two (2) copies of the process with the director.

(1) Actions against the licensee may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose; and

(2) Service of process of the action may be obtained on the licensee by leaving two (2) copies of the process with the director.

(b) The consent shall stipulate and agree that the service of process upon the director shall be taken and held to be valid and binding for all purposes.

(c) The director shall promptly forward one (1) copy of the process to the licensee at the address shown on the records of the director by certified mail, return receipt requested.

Amended by Act 2019, No. 910,§ 5937, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 14, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 13, eff. 8/16/2013.

Acts 1967, No. 413, § 10; A.S.A. 1947, § 71-2209.
Ark. Code Ann. § 17-81-203 — AR Code / Title 17 / Chapter 81 / Subchapter 2 / Section 17-81-203
Members - Liability
Status: in_force

No member of the Arkansas State Board of Chiropractic Examiners, during the term of his or her office or thereafter, shall be liable for damages as a result of any official act in the performance of his or her duty as such a member. Any action therefor shall upon motion be dismissed with prejudice at the cost of the plaintiff. Acts 1971, No. 706, § 24; A.S.A. 1947, § 72-438.

No member of the Arkansas State Board of Chiropractic Examiners, during the term of his or her office or thereafter, shall be liable for damages as a result of any official act in the performance of his or her duty as such a member. Any action therefor shall upon motion be dismissed with prejudice at the cost of the plaintiff.

Acts 1971, No. 706, § 24; A.S.A. 1947, § 72-438.
Ark. Code Ann. § 17-52-309 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-309
Violation of law - Civil penalties, injunctions, and venue
Status: in_force

(a) (1) It is unlawful for any person not registered under this subchapter to perform any act for which registration is required. (2) Any person acting as a home inspector within the meaning of this subchapter without a home inspector certificate of registration and any person who violates any other provision of this subchapter shall be guilty of a misdemeanor. (b) (1) Upon application by the State Board of Appraisers, Abstracters, and Home Inspectors, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which registration is required by this subchapter after a showing that the acts or practices were performed or offered to be performed without a certificate of registration; or (B) Engaging in any practice or business authorized by a certificate of registration issued under this subchapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder. (2) Any person cosigning a home inspection report with a registered home inspector becomes subject to the provisions of this subchapter. (c) Any action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County. (d) Any actions brought under this section shall be in addition to any penalty under this subchapter and may be brought concurrently with other actions to enforce the provisions of this subchapter. Amended by Act 2023, No. 628,§ 54, eff. 7/1/2023. Acts 2003, No. 1328, § 1.

(a) (1) It is unlawful for any person not registered under this subchapter to perform any act for which registration is required. (2) Any person acting as a home inspector within the meaning of this subchapter without a home inspector certificate of registration and any person who violates any other provision of this subchapter shall be guilty of a misdemeanor.

(1) It is unlawful for any person not registered under this subchapter to perform any act for which registration is required.

(2) Any person acting as a home inspector within the meaning of this subchapter without a home inspector certificate of registration and any person who violates any other provision of this subchapter shall be guilty of a misdemeanor.

(b) (1) Upon application by the State Board of Appraisers, Abstracters, and Home Inspectors, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which registration is required by this subchapter after a showing that the acts or practices were performed or offered to be performed without a certificate of registration; or (B) Engaging in any practice or business authorized by a certificate of registration issued under this subchapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder. (2) Any person cosigning a home inspection report with a registered home inspector becomes subject to the provisions of this subchapter.

(1) Upon application by the State Board of Appraisers, Abstracters, and Home Inspectors, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which registration is required by this subchapter after a showing that the acts or practices were performed or offered to be performed without a certificate of registration; or (B) Engaging in any practice or business authorized by a certificate of registration issued under this subchapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder.

(A) Offering to engage or engaging in the performance of any acts or practices for which registration is required by this subchapter after a showing that the acts or practices were performed or offered to be performed without a certificate of registration; or

(B) Engaging in any practice or business authorized by a certificate of registration issued under this subchapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder.

(2) Any person cosigning a home inspection report with a registered home inspector becomes subject to the provisions of this subchapter.

(c) Any action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County.

(d) Any actions brought under this section shall be in addition to any penalty under this subchapter and may be brought concurrently with other actions to enforce the provisions of this subchapter.

Amended by Act 2023, No. 628,§ 54, eff. 7/1/2023.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-30-106 — AR Code / Title 17 / Chapter 30 / Subchapter 1 / Section 17-30-106
"Good Samaritan" law
Status: in_force

A professional engineer who voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event shall be subject to the provisions and protection of § 17-15-106 . Added by Act 2015, No. 534,§ 2, eff. 7/22/2015.

A professional engineer who voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event shall be subject to the provisions and protection of § 17-15-106 .

Added by Act 2015, No. 534,§ 2, eff. 7/22/2015.