Ark. Code Ann. § 17-40-306 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-306
License or credential - Applicant qualifications
Status: in_force

(a) A person applying for a license or credential other than that for a commissioned security officer or commissioned school security officer shall: (1) Be at least eighteen (18) years of age at the time of application; (2) Not be suffering from habitual drunkenness or from narcotics addiction or dependence; (3) Not have been discharged from the United States Armed Forces under dishonorable conditions; (4) Be in compliance with any other reasonable qualifications that the Director of the Division of Arkansas State Police may set by rule; (5) Not have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution or mental health treatment facility; and (6) Not be a registered sex offender or be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (b) An applicant who applies for a license to engage in the business of an investigations company or his or her manager shall have: (1) Two (2) consecutive years' experience before the date of the application in the investigative field as an agent, employee, manager, or owner of an investigations company; (2) Two (2) years' experience as a licensed bail bondsman and a baccalaureate degree from a four-year institution of higher education; or (3) Satisfied other requirements as may be set by the director. (c) An applicant who makes application to engage in the business of a security services contractor, private business, or his or her manager shall: (1) Have two (2) consecutive years' experience before the date of application in the security services field as an agent, employee, manager, or owner of a security services contractor company; or (2) Satisfy other requirements as may be set by the director. (d) (1) Except as provided in subdivision (d)(2) of this section, the director shall not issue a license or credential nor renew an existing license or credential of a person who has been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or to a comparable offense in another state or in a military or federal court for which a pardon has not been granted: (A) A felony; (B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the Division of Arkansas State Police under subsection (e) of this section; or (C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor. (2) An individual shall not be denied issuance of a license or credential or renewal of an existing license or credential if the individual by any court has been found guilty of or pleaded guilty or nolo contendere to any misdemeanor if the person was found guilty of or pleaded guilty or nolo contendere to the misdemeanor ten (10) or more years before the date of the application for issuance or renewal. (3) For purposes of this subsection, the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court. (e) The Department of Arkansas State Police or the Division of Arkansas State Police shall promulgate rules within ninety (90) days of May 23, 2016, that determine the offenses under subdivision (d)(1)(B) of this section that constitute a Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person. Amended by Act 2019, No. 910,§ 5973, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5972, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5971, eff. 7/1/2019. Amended by Act 2016EX3, No. 11,§ 3, eff. 5/23/2016. Amended by Act 2016EX3, No. 11,§ 2, eff. 5/23/2016. Amended by Act 2016EX3, No. 10,§ 3, eff. 5/23/2016. Amended by Act 2016EX3, No. 10,§ 2, eff. 5/23/2016. Amended by Act 2015, No. 393,§ 60, eff. 9/1/2015. Acts 1977, No. 429, § 14; 1979, No. 907, § 9; 1981, No. 792, § 7; A.S.A. 1947, § 71-2135; Acts 1993, No. 1219, § 10; 1995, No. 953, § 1; 2005, No. 2237, § 1.

(a) A person applying for a license or credential other than that for a commissioned security officer or commissioned school security officer shall: (1) Be at least eighteen (18) years of age at the time of application; (2) Not be suffering from habitual drunkenness or from narcotics addiction or dependence; (3) Not have been discharged from the United States Armed Forces under dishonorable conditions; (4) Be in compliance with any other reasonable qualifications that the Director of the Division of Arkansas State Police may set by rule; (5) Not have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution or mental health treatment facility; and (6) Not be a registered sex offender or be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

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

(2) Not be suffering from habitual drunkenness or from narcotics addiction or dependence;

(3) Not have been discharged from the United States Armed Forces under dishonorable conditions;

(4) Be in compliance with any other reasonable qualifications that the Director of the Division of Arkansas State Police may set by rule;

(5) Not have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution or mental health treatment facility; and

(6) Not be a registered sex offender or be required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(b) An applicant who applies for a license to engage in the business of an investigations company or his or her manager shall have: (1) Two (2) consecutive years' experience before the date of the application in the investigative field as an agent, employee, manager, or owner of an investigations company; (2) Two (2) years' experience as a licensed bail bondsman and a baccalaureate degree from a four-year institution of higher education; or (3) Satisfied other requirements as may be set by the director.

(1) Two (2) consecutive years' experience before the date of the application in the investigative field as an agent, employee, manager, or owner of an investigations company;

(2) Two (2) years' experience as a licensed bail bondsman and a baccalaureate degree from a four-year institution of higher education; or

(3) Satisfied other requirements as may be set by the director.

(c) An applicant who makes application to engage in the business of a security services contractor, private business, or his or her manager shall: (1) Have two (2) consecutive years' experience before the date of application in the security services field as an agent, employee, manager, or owner of a security services contractor company; or (2) Satisfy other requirements as may be set by the director.

(1) Have two (2) consecutive years' experience before the date of application in the security services field as an agent, employee, manager, or owner of a security services contractor company; or

(2) Satisfy other requirements as may be set by the director.

(d) (1) Except as provided in subdivision (d)(2) of this section, the director shall not issue a license or credential nor renew an existing license or credential of a person who has been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or to a comparable offense in another state or in a military or federal court for which a pardon has not been granted: (A) A felony; (B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the Division of Arkansas State Police under subsection (e) of this section; or (C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor. (2) An individual shall not be denied issuance of a license or credential or renewal of an existing license or credential if the individual by any court has been found guilty of or pleaded guilty or nolo contendere to any misdemeanor if the person was found guilty of or pleaded guilty or nolo contendere to the misdemeanor ten (10) or more years before the date of the application for issuance or renewal. (3) For purposes of this subsection, the state and national criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court.

(1) Except as provided in subdivision (d)(2) of this section, the director shall not issue a license or credential nor renew an existing license or credential of a person who has been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or to a comparable offense in another state or in a military or federal court for which a pardon has not been granted: (A) A felony; (B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the Division of Arkansas State Police under subsection (e) of this section; or (C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor.

(A) A felony;

(B) A Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person as determined by the Division of Arkansas State Police under subsection (e) of this section; or

(C) An attempted felony or solicitation or conspiracy to commit a felony that is classified as a Class A misdemeanor.

(2) An individual shall not be denied issuance of a license or credential or renewal of an existing license or credential if the individual by any court has been found guilty of or pleaded guilty or nolo contendere to any misdemeanor if the person was found guilty of or pleaded guilty or nolo contendere to the misdemeanor ten (10) or more years before the date of the application for issuance or renewal.

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

(e) The Department of Arkansas State Police or the Division of Arkansas State Police shall promulgate rules within ninety (90) days of May 23, 2016, that determine the offenses under subdivision (d)(1)(B) of this section that constitute a Class A misdemeanor involving theft, sexual offenses, violence, an element of dishonesty, or a crime against a person.

Amended by Act 2019, No. 910,§ 5973, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5972, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5971, eff. 7/1/2019.

Amended by Act 2016EX3, No. 11,§ 3, eff. 5/23/2016.

Amended by Act 2016EX3, No. 11,§ 2, eff. 5/23/2016.

Amended by Act 2016EX3, No. 10,§ 3, eff. 5/23/2016.

Amended by Act 2016EX3, No. 10,§ 2, eff. 5/23/2016.

Amended by Act 2015, No. 393,§ 60, eff. 9/1/2015.

Acts 1977, No. 429, § 14; 1979, No. 907, § 9; 1981, No. 792, § 7; A.S.A. 1947, § 71-2135; Acts 1993, No. 1219, § 10; 1995, No. 953, § 1; 2005, No. 2237, § 1.
Ark. Code Ann. § 17-31-105 — AR Code / Title 17 / Chapter 31 / Subchapter 1 / Section 17-31-105
Violations - Penalties
Status: in_force

(a) Any person required to be registered under this chapter shall be guilty of a Class A misdemeanor if that person: (1) Practices or offers to practice forestry without a valid certificate of registration issued pursuant to this chapter; (2) Claims to be a forester certified under this chapter without being so certified; (3) In any way tends to convey the impression that he or she is a forester certified under the provisions of this chapter without being so registered; (4) Uses as his or her own the certificate of registration of another; (5) Gives false or forged evidence to the Department of Agriculture or the Arkansas Forestry Commission; (6) Uses an expired or revoked certificate; or (7) Violates any provision of this chapter. (b) A Class A misdemeanor shall also be charged against a registered forester, subject to penalties as prescribed in subsection (a) of this section, who endorses any plan, specification, estimate, report, or map unless he or she actually prepared the plan, specification, estimate, report, or map or has been in actual charge or supervision of the preparation of it. Amended by Act 2023, No. 691,§ 77, eff. 7/1/2023. Acts 1969, No. 535, §§ 16, 22; A.S.A. 1947, §§ 71-2416, 71-2422; Acts 1999, No. 993, § 4; 2005, No. 1994, § 200.

(a) Any person required to be registered under this chapter shall be guilty of a Class A misdemeanor if that person: (1) Practices or offers to practice forestry without a valid certificate of registration issued pursuant to this chapter; (2) Claims to be a forester certified under this chapter without being so certified; (3) In any way tends to convey the impression that he or she is a forester certified under the provisions of this chapter without being so registered; (4) Uses as his or her own the certificate of registration of another; (5) Gives false or forged evidence to the Department of Agriculture or the Arkansas Forestry Commission; (6) Uses an expired or revoked certificate; or (7) Violates any provision of this chapter.

(1) Practices or offers to practice forestry without a valid certificate of registration issued pursuant to this chapter;

(2) Claims to be a forester certified under this chapter without being so certified;

(3) In any way tends to convey the impression that he or she is a forester certified under the provisions of this chapter without being so registered;

(4) Uses as his or her own the certificate of registration of another;

(5) Gives false or forged evidence to the Department of Agriculture or the Arkansas Forestry Commission;

(6) Uses an expired or revoked certificate; or

(7) Violates any provision of this chapter.

(b) A Class A misdemeanor shall also be charged against a registered forester, subject to penalties as prescribed in subsection (a) of this section, who endorses any plan, specification, estimate, report, or map unless he or she actually prepared the plan, specification, estimate, report, or map or has been in actual charge or supervision of the preparation of it.

Amended by Act 2023, No. 691,§ 77, eff. 7/1/2023.

Acts 1969, No. 535, §§ 16, 22; A.S.A. 1947, §§ 71-2416, 71-2422; Acts 1999, No. 993, § 4; 2005, No. 1994, § 200.
Ark. Code Ann. § 17-4-101 — AR Code / Title 17 / Chapter 4 / Section 17-4-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021". Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

This chapter shall be known and may be cited as the "Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021".

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-50-103 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-103
Definitions
Status: in_force

As used in this chapter: (1) "Abandoned water well" means a well whose use has been permanently discontinued or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical; (2) "Apprentice" means a natural person who under the supervision of a registered pump installer or registered water well driller is obtaining the knowledge, skills, and abilities necessary to obtain a certificate of registration as a pump installer or water well driller; (3) "Apprenticeship program" means a program developed by the Arkansas Natural Resources Commission under § 17-50-312 to develop certain minimum knowledge, skills, or abilities in those natural persons desiring registration as pump installers or water well drillers; (4) "Continuing education" means a program approved by the commission designed to provide certificate or license holders further knowledge, skills, or abilities in water well construction, pump installation, or related activities; (5) "Heat pump circulating pipe" means pipes that circulate fluid in heat pump wells and are a part of heat pump well construction but are not considered pumping equipment; (6) (A) "Heat pump wells" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of obtaining or exchanging geothermal energy for use with ground water source air conditioning or heat pump systems. (B) The excavation may have pipes installed inside the excavation to circulate or discharge various fluids for the use and purpose set out in this subdivision (6), and the well may or may not be backfilled after excavation; (7) "Person" means any natural person, partnership, association, business trust, and public or private corporation; (8) "Pitless adapter" means an underground or above-ground discharge assembly that attaches directly to the well casing and extends the casing above the ground surface, providing a watertight subsurface connection for conducting water from the well, sealing out contaminants, protecting the water from temperature extremes, and providing access to the pump or other systems within the well; (9) "Pump installer" means any natural person who engages for compensation in pump installation or repair and who is authorized to plug abandoned water wells and to install pitless adapters; (10) (A) "Pumping equipment" means all machinery and parts of pumps such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well. (B) "Pumping equipment" shall exclude cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines; (11) "Repair" means any action which results in a breaking, opening, or replacement of a well seal or cap; (12) "Rig" means any power-driven, percussion, rotary, digging, jetting, direct push, vibrating, hydrofracturing, or augering machine used in the construction, alteration, repair, or abandonment of water wells, or any hoist or machine used in installing or removing pumps from wells with a lifting capacity of one thousand pounds (1,000 lbs.) or more; (13) (A) "Water well" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water. (B) (i) "Water well" also includes excavations made for the purpose of exchanging the geothermal energy found in the earth as defined in subdivision (6) of this section. (ii) "Water well" does not include an excavation made for the purpose of: (a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; (b) Inserting media to repressure oil or natural gas-bearing formations; or (c) Storing petroleum, natural gas, or other products; (14) "Water well contractor" means any person who engages in the business of well construction or pump installation or repair, exclusive of surveying or other acts preparatory to the construction of a water well; (15) "Water well driller" means any natural person who engages for compensation in well construction in this state; and (16) "Well construction" means the act of setting up the rig for and engaging in the excavation of a water well, the modification of the borehole, the setting or removal of casing up to the point of installing or repairing pumping equipment, and plugging abandoned water wells. Amended by Act 2023, No. 691,§ 117, eff. 7/1/2023. Amended by Act 2019, No. 386,§ 31, eff. 7/24/2019. Acts 1969, No. 641, § 3; 1985, No. 822, § 1; A.S.A. 1947, § 21-2003; Acts 1987, No. 693, § 2; 2001, No. 1184, § 1; 2003, No. 297, § 1.

As used in this chapter:

(1) "Abandoned water well" means a well whose use has been permanently discontinued or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical;

(2) "Apprentice" means a natural person who under the supervision of a registered pump installer or registered water well driller is obtaining the knowledge, skills, and abilities necessary to obtain a certificate of registration as a pump installer or water well driller;

(3) "Apprenticeship program" means a program developed by the Arkansas Natural Resources Commission under § 17-50-312 to develop certain minimum knowledge, skills, or abilities in those natural persons desiring registration as pump installers or water well drillers;

(4) "Continuing education" means a program approved by the commission designed to provide certificate or license holders further knowledge, skills, or abilities in water well construction, pump installation, or related activities;

(5) "Heat pump circulating pipe" means pipes that circulate fluid in heat pump wells and are a part of heat pump well construction but are not considered pumping equipment;

(6) (A) "Heat pump wells" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of obtaining or exchanging geothermal energy for use with ground water source air conditioning or heat pump systems. (B) The excavation may have pipes installed inside the excavation to circulate or discharge various fluids for the use and purpose set out in this subdivision (6), and the well may or may not be backfilled after excavation;

(A) "Heat pump wells" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of obtaining or exchanging geothermal energy for use with ground water source air conditioning or heat pump systems.

(B) The excavation may have pipes installed inside the excavation to circulate or discharge various fluids for the use and purpose set out in this subdivision (6), and the well may or may not be backfilled after excavation;

(7) "Person" means any natural person, partnership, association, business trust, and public or private corporation;

(8) "Pitless adapter" means an underground or above-ground discharge assembly that attaches directly to the well casing and extends the casing above the ground surface, providing a watertight subsurface connection for conducting water from the well, sealing out contaminants, protecting the water from temperature extremes, and providing access to the pump or other systems within the well;

(9) "Pump installer" means any natural person who engages for compensation in pump installation or repair and who is authorized to plug abandoned water wells and to install pitless adapters;

(10) (A) "Pumping equipment" means all machinery and parts of pumps such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well. (B) "Pumping equipment" shall exclude cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines;

(A) "Pumping equipment" means all machinery and parts of pumps such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well.

(B) "Pumping equipment" shall exclude cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines;

(11) "Repair" means any action which results in a breaking, opening, or replacement of a well seal or cap;

(12) "Rig" means any power-driven, percussion, rotary, digging, jetting, direct push, vibrating, hydrofracturing, or augering machine used in the construction, alteration, repair, or abandonment of water wells, or any hoist or machine used in installing or removing pumps from wells with a lifting capacity of one thousand pounds (1,000 lbs.) or more;

(13) (A) "Water well" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water. (B) (i) "Water well" also includes excavations made for the purpose of exchanging the geothermal energy found in the earth as defined in subdivision (6) of this section. (ii) "Water well" does not include an excavation made for the purpose of: (a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; (b) Inserting media to repressure oil or natural gas-bearing formations; or (c) Storing petroleum, natural gas, or other products;

(A) "Water well" means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water.

(B) (i) "Water well" also includes excavations made for the purpose of exchanging the geothermal energy found in the earth as defined in subdivision (6) of this section. (ii) "Water well" does not include an excavation made for the purpose of: (a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; (b) Inserting media to repressure oil or natural gas-bearing formations; or (c) Storing petroleum, natural gas, or other products;

(i) "Water well" also includes excavations made for the purpose of exchanging the geothermal energy found in the earth as defined in subdivision (6) of this section.

(ii) "Water well" does not include an excavation made for the purpose of: (a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; (b) Inserting media to repressure oil or natural gas-bearing formations; or (c) Storing petroleum, natural gas, or other products;

(a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying;

(b) Inserting media to repressure oil or natural gas-bearing formations; or

(c) Storing petroleum, natural gas, or other products;

(14) "Water well contractor" means any person who engages in the business of well construction or pump installation or repair, exclusive of surveying or other acts preparatory to the construction of a water well;

(15) "Water well driller" means any natural person who engages for compensation in well construction in this state; and

(16) "Well construction" means the act of setting up the rig for and engaging in the excavation of a water well, the modification of the borehole, the setting or removal of casing up to the point of installing or repairing pumping equipment, and plugging abandoned water wells.

Amended by Act 2023, No. 691,§ 117, eff. 7/1/2023.

Amended by Act 2019, No. 386,§ 31, eff. 7/24/2019.

Acts 1969, No. 641, § 3; 1985, No. 822, § 1; A.S.A. 1947, § 21-2003; Acts 1987, No. 693, § 2; 2001, No. 1184, § 1; 2003, No. 297, § 1.
Ark. Code Ann. § 17-14-413 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-413
Compensation of appraisers
Status: in_force

(a) An appraisal management company shall: (1) Except in cases of breach of contract or substandard performance of services, pay an appraiser for the completion of an appraisal or valuation assignment not later than the sixtieth day after the date the appraiser provides the initial appraisal or valuation assignment to the appraisal management company; and (2) Compensate appraisers at a rate that is reasonable and customary for appraisals being performed in the market area of the property being appraised consistent with the presumptions under federal law. (b) An appraiser who is aggrieved under this section may file a complaint with the State Board of Appraisers, Abstracters, and Home Inspectors against the appraisal management company. Amended by Act 2023, No. 628,§ 46, eff. 7/1/2023. Added by Act 2017, No. 535,§ 11, eff. 3/20/2017. Acts 2009, No. 628, § 1.

(a) An appraisal management company shall: (1) Except in cases of breach of contract or substandard performance of services, pay an appraiser for the completion of an appraisal or valuation assignment not later than the sixtieth day after the date the appraiser provides the initial appraisal or valuation assignment to the appraisal management company; and (2) Compensate appraisers at a rate that is reasonable and customary for appraisals being performed in the market area of the property being appraised consistent with the presumptions under federal law.

(1) Except in cases of breach of contract or substandard performance of services, pay an appraiser for the completion of an appraisal or valuation assignment not later than the sixtieth day after the date the appraiser provides the initial appraisal or valuation assignment to the appraisal management company; and

(2) Compensate appraisers at a rate that is reasonable and customary for appraisals being performed in the market area of the property being appraised consistent with the presumptions under federal law.

(b) An appraiser who is aggrieved under this section may file a complaint with the State Board of Appraisers, Abstracters, and Home Inspectors against the appraisal management company.

Amended by Act 2023, No. 628,§ 46, eff. 7/1/2023.

Added by Act 2017, No. 535,§ 11, eff. 3/20/2017.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-82-102 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-102
Definitions
Status: in_force

As used in this chapter: (1) (A) "Practicing dentistry" means: (i) The evaluation, diagnosis, prevention, and treatment by nonsurgical, surgical, or related procedures of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders, and conditions unrelated to the oral cavity, maxillofacial area, and the adjacent and associated structures; and (ii) The sale or offer for sale of those articles or services of dentistry enumerated in § 17-82-105(a) . (B) "Practicing dentistry" shall include, but not be limited to, the administration of anesthetics for the purpose of or in connection with the performance of any of the acts, services, or practices enumerated or described in this section. (C) Nothing herein shall be construed to prohibit a licensed physician from extracting teeth in an emergency when, in his or her considered professional judgment, it is necessary and when it is not practicable or reasonable to secure the services of a licensed dentist; and (2) (A) "The practice of dental hygiene" means the assessment, prevention, and treatment of oral diseases provided by a licensed dental hygienist under the supervision of a licensed dentist as set out in the rules of the Arkansas State Board of Dental Examiners. (B) The practice of dental hygiene shall include the removal of deposits from supergingival and subgingival surfaces of the teeth and any other services which the board may authorize by rule and which are not prohibited by any provision of this chapter. Amended by Act 2019, No. 315,§ 1511, eff. 7/24/2019. Acts 1955, No. 14, §§ 10, 13; 1969, No. 91, § 1; 1977, No. 258, § 1; 1981, No. 889, § 1; A.S.A. 1947, §§ 72-543, 72-546; Acts 1999, No. 143, § 1; 2001, No. 439, § 1.

As used in this chapter:

(1) (A) "Practicing dentistry" means: (i) The evaluation, diagnosis, prevention, and treatment by nonsurgical, surgical, or related procedures of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders, and conditions unrelated to the oral cavity, maxillofacial area, and the adjacent and associated structures; and (ii) The sale or offer for sale of those articles or services of dentistry enumerated in § 17-82-105(a) . (B) "Practicing dentistry" shall include, but not be limited to, the administration of anesthetics for the purpose of or in connection with the performance of any of the acts, services, or practices enumerated or described in this section. (C) Nothing herein shall be construed to prohibit a licensed physician from extracting teeth in an emergency when, in his or her considered professional judgment, it is necessary and when it is not practicable or reasonable to secure the services of a licensed dentist; and

(A) "Practicing dentistry" means: (i) The evaluation, diagnosis, prevention, and treatment by nonsurgical, surgical, or related procedures of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders, and conditions unrelated to the oral cavity, maxillofacial area, and the adjacent and associated structures; and (ii) The sale or offer for sale of those articles or services of dentistry enumerated in § 17-82-105(a) .

(i) The evaluation, diagnosis, prevention, and treatment by nonsurgical, surgical, or related procedures of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders, and conditions unrelated to the oral cavity, maxillofacial area, and the adjacent and associated structures; and

(ii) The sale or offer for sale of those articles or services of dentistry enumerated in § 17-82-105(a) .

(B) "Practicing dentistry" shall include, but not be limited to, the administration of anesthetics for the purpose of or in connection with the performance of any of the acts, services, or practices enumerated or described in this section.

(C) Nothing herein shall be construed to prohibit a licensed physician from extracting teeth in an emergency when, in his or her considered professional judgment, it is necessary and when it is not practicable or reasonable to secure the services of a licensed dentist; and

(2) (A) "The practice of dental hygiene" means the assessment, prevention, and treatment of oral diseases provided by a licensed dental hygienist under the supervision of a licensed dentist as set out in the rules of the Arkansas State Board of Dental Examiners. (B) The practice of dental hygiene shall include the removal of deposits from supergingival and subgingival surfaces of the teeth and any other services which the board may authorize by rule and which are not prohibited by any provision of this chapter.

(A) "The practice of dental hygiene" means the assessment, prevention, and treatment of oral diseases provided by a licensed dental hygienist under the supervision of a licensed dentist as set out in the rules of the Arkansas State Board of Dental Examiners.

(B) The practice of dental hygiene shall include the removal of deposits from supergingival and subgingival surfaces of the teeth and any other services which the board may authorize by rule and which are not prohibited by any provision of this chapter.

Amended by Act 2019, No. 315,§ 1511, eff. 7/24/2019.

Acts 1955, No. 14, §§ 10, 13; 1969, No. 91, § 1; 1977, No. 258, § 1; 1981, No. 889, § 1; A.S.A. 1947, §§ 72-543, 72-546; Acts 1999, No. 143, § 1; 2001, No. 439, § 1.
Ark. Code Ann. § 17-87-311 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-311
Direct reimbursement agreements
Status: in_force

(a) An advanced practice registered nurse or a registered nurse practitioner may enter into a direct reimbursement agreement with the agency administering the Arkansas Medicaid Program. (b) The agency administering the Arkansas Medicaid Program shall not discriminate against practitioners providing covered services within the scope of their practice based on the type of practitioner. Amended by Act 2013, No. 604,§ 16, eff. 8/16/2013. Acts 1995, No. 409, § 17.

(a) An advanced practice registered nurse or a registered nurse practitioner may enter into a direct reimbursement agreement with the agency administering the Arkansas Medicaid Program.

(b) The agency administering the Arkansas Medicaid Program shall not discriminate against practitioners providing covered services within the scope of their practice based on the type of practitioner.

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

Acts 1995, No. 409, § 17.
Ark. Code Ann. § 17-92-905 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-905
Labeling
Status: in_force

(a) Medical gases shall be labeled in compliance with existing federal and state laws. (b) All legend devices shall be labeled in compliance with existing federal and state laws. Acts 1995, No. 1101, §§ 2, 3.

(a) Medical gases shall be labeled in compliance with existing federal and state laws.

(b) All legend devices shall be labeled in compliance with existing federal and state laws.

Acts 1995, No. 1101, §§ 2, 3.
Ark. Code Ann. § 17-90-505 — AR Code / Title 17 / Chapter 90 / Subchapter 5 / Section 17-90-505
Procedures
Status: in_force

The State Board of Optometry shall develop procedures for: (1) Informing each participant in the Impaired Optometric Treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program; and (2) Voluntary self-reporting and treatment program participation by an optometrist. Acts 1997, No. 176, § 4; 1997, No. 186, § 4.

The State Board of Optometry shall develop procedures for:

(1) Informing each participant in the Impaired Optometric Treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program; and

(2) Voluntary self-reporting and treatment program participation by an optometrist.

Acts 1997, No. 176, § 4; 1997, No. 186, § 4.
Ark. Code Ann. § 17-42-503 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-503
Exemptions
Status: in_force

(a) The licensing requirements of this subchapter do not apply to: (1) The National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities if each association identifies an administrator; (2) An accredited college or university; or (3) An instructor associated with an entity listed in subdivision (a)(1) or subdivision (a)(2) of this section if the course is developed by or for those specific entities. (b) The requirement for course approval by the Arkansas Real Estate Commission under this subchapter does not apply to: (1) A classroom course in a real estate-related subject identified by the commission as an approved topic if it is offered by the National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities; (2) A course of at least three (3) semester hours or equivalent in a real estate subject that is approved by the commission and offered by an accredited college or university; (3) A course in a real estate-related subject offered by the commission; (4) A course or a conference in a real estate-related subject approved by the commission and offered annually on a limited basis in Arkansas; or (5) A course that is not used to fulfill the education requirements of this subchapter for attaining a real estate license. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 2007, No. 263, § 12.

(a) The licensing requirements of this subchapter do not apply to: (1) The National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities if each association identifies an administrator; (2) An accredited college or university; or (3) An instructor associated with an entity listed in subdivision (a)(1) or subdivision (a)(2) of this section if the course is developed by or for those specific entities.

(1) The National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities if each association identifies an administrator;

(2) An accredited college or university; or

(3) An instructor associated with an entity listed in subdivision (a)(1) or subdivision (a)(2) of this section if the course is developed by or for those specific entities.

(b) The requirement for course approval by the Arkansas Real Estate Commission under this subchapter does not apply to: (1) A classroom course in a real estate-related subject identified by the commission as an approved topic if it is offered by the National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities; (2) A course of at least three (3) semester hours or equivalent in a real estate subject that is approved by the commission and offered by an accredited college or university; (3) A course in a real estate-related subject offered by the commission; (4) A course or a conference in a real estate-related subject approved by the commission and offered annually on a limited basis in Arkansas; or (5) A course that is not used to fulfill the education requirements of this subchapter for attaining a real estate license.

(1) A classroom course in a real estate-related subject identified by the commission as an approved topic if it is offered by the National Association of Realtors, the National Association of Real Estate Brokers, or other associated entities;

(2) A course of at least three (3) semester hours or equivalent in a real estate subject that is approved by the commission and offered by an accredited college or university;

(3) A course in a real estate-related subject offered by the commission;

(4) A course or a conference in a real estate-related subject approved by the commission and offered annually on a limited basis in Arkansas; or

(5) A course that is not used to fulfill the education requirements of this subchapter for attaining a real estate license.

Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013.

Acts 1993, No. 690, § 23; 2007, No. 263, § 12.
Ark. Code Ann. § 17-42-516 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-516
Investigation of complaint - Penalties
Status: in_force

(a) (1) The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission. (2) A student's inability to pass the real estate exam does not in and of itself make a prima facie case. (3) If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint. (4) If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing. (5) If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions: (A) Suspend, revoke, or deny: (i) The license of the person or entity; or (ii) A course approval or the renewal of a course approval; (B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation; (C) Require completion of appropriate education programs or courses; (D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or (E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals. (b) The commission shall file suit in the circuit court of the county in which the defendant resides or does business to collect a penalty assessed under this subchapter if the penalty is not paid within the time prescribed by the commission. (c) Under certain circumstances, the commission may suspend the imposition of any sanction. (d) The license of an instructor, school, or association with outstanding disciplinary fines or student reimbursements is suspended until the moneys owed the commission or amounts ordered to be paid by the commission are paid. Amended by Act 2015, No. 1156,§ 10, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) (1) The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission. (2) A student's inability to pass the real estate exam does not in and of itself make a prima facie case. (3) If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint. (4) If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing. (5) If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions: (A) Suspend, revoke, or deny: (i) The license of the person or entity; or (ii) A course approval or the renewal of a course approval; (B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation; (C) Require completion of appropriate education programs or courses; (D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or (E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals.

(1) The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission.

(2) A student's inability to pass the real estate exam does not in and of itself make a prima facie case.

(3) If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint.

(4) If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing.

(5) If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions: (A) Suspend, revoke, or deny: (i) The license of the person or entity; or (ii) A course approval or the renewal of a course approval; (B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation; (C) Require completion of appropriate education programs or courses; (D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or (E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals.

(A) Suspend, revoke, or deny: (i) The license of the person or entity; or (ii) A course approval or the renewal of a course approval;

(i) The license of the person or entity; or

(ii) A course approval or the renewal of a course approval;

(B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation;

(C) Require completion of appropriate education programs or courses;

(D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or

(E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals.

(b) The commission shall file suit in the circuit court of the county in which the defendant resides or does business to collect a penalty assessed under this subchapter if the penalty is not paid within the time prescribed by the commission.

(c) Under certain circumstances, the commission may suspend the imposition of any sanction.

(d) The license of an instructor, school, or association with outstanding disciplinary fines or student reimbursements is suspended until the moneys owed the commission or amounts ordered to be paid by the commission are paid.

Amended by Act 2015, No. 1156,§ 10, eff. 7/22/2015.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-81-306 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-306
[Repealed]
Status: repealed

Repealed by Act 2016F, No. 200,§ 6, eff. 7/1/2016. Acts 1971, No. 706, § 10; A.S.A. 1947, § 72-424; Acts 1987, No. 354, § 7; 1989, No. 763, § 2; 1997, No. 208, § 14; 1999, No. 1553, § 10.

Repealed by Act 2016F, No. 200,§ 6, eff. 7/1/2016.

Acts 1971, No. 706, § 10; A.S.A. 1947, § 72-424; Acts 1987, No. 354, § 7; 1989, No. 763, § 2; 1997, No. 208, § 14; 1999, No. 1553, § 10.
Ark. Code Ann. § 17-1-107 — AR Code / Title 17 / Chapter 1 / Section 17-1-107
Reinstatement of licenses - Definition
Status: in_force

(a) An occupational licensing entity shall by rule adopt reduced requirements for reinstatement of a license, registration, permit, or certification for a person who: (1) Demonstrates that he or she: (A) Was previously licensed, registered, permitted, or certified to practice in the field of his or her profession at any time in this state; (B) Held his or her license, registration, permit, or certification in good standing at the time of licensing, registration, permitting, or certification; (C) Did not have his or her license, registration, permit, or certification revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary license, registration, permit, or certification in any state; and (E) Is sufficiently competent in his or her field; and (2) Pays any reinstatement fee required by law. (b) The occupational licensing entity may require that sufficient competency in a particular field be demonstrated by: (1) Proficiency testing; (2) Letters of recommendation; or (3) Both proficiency testing and letters of recommendation. (c) (1) Except as provided under subsection (b) of this section, the occupational licensing entity shall not require a person who meets the requirements of subsection (a) of this section to participate in the apprenticeship, education, or training required as a prerequisite to licensing, registration, permitting, or certification of a new professional in the field. (2) The occupational licensing entity may require the person to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the license, registration, permit, or certification. (d) A person shall not be required to comply with requirements under this section to obtain reinstatement of his or her license, registration, permit, or certification if the person meets the requirements for reciprocity. (e) If a criminal background check is required of an applicant for an original license, registration, permit, or certification, or of a person currently holding a license, registration, permit, or certification, then the occupational licensing entity may require a person seeking reinstatement under this section to meet the same criminal background check requirements as the applicant for an original license, registration, permit, or certification, or as the person currently holding a license, registration, permit, or certification. (f) (1) As used in this section, "occupational licensing entity" means an agency, office, council, bureau, board, commission, department, committee, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency that has the duty to license, register, permit, certify, or otherwise approve a person to work in a particular field or industry. (2) As used in subdivision (f)(1) of this section, "agency" does not include the General Assembly, the courts, or the Governor. Amended by Act 2019, No. 1011,§ 1, eff. 7/24/2019. Added by Act 2015, No. 1066,§ 1, eff. 7/22/2015.

(a) An occupational licensing entity shall by rule adopt reduced requirements for reinstatement of a license, registration, permit, or certification for a person who: (1) Demonstrates that he or she: (A) Was previously licensed, registered, permitted, or certified to practice in the field of his or her profession at any time in this state; (B) Held his or her license, registration, permit, or certification in good standing at the time of licensing, registration, permitting, or certification; (C) Did not have his or her license, registration, permit, or certification revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary license, registration, permit, or certification in any state; and (E) Is sufficiently competent in his or her field; and (2) Pays any reinstatement fee required by law.

(1) Demonstrates that he or she: (A) Was previously licensed, registered, permitted, or certified to practice in the field of his or her profession at any time in this state; (B) Held his or her license, registration, permit, or certification in good standing at the time of licensing, registration, permitting, or certification; (C) Did not have his or her license, registration, permit, or certification revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics; (D) Is not holding a suspended or probationary license, registration, permit, or certification in any state; and (E) Is sufficiently competent in his or her field; and

(A) Was previously licensed, registered, permitted, or certified to practice in the field of his or her profession at any time in this state;

(B) Held his or her license, registration, permit, or certification in good standing at the time of licensing, registration, permitting, or certification;

(C) Did not have his or her license, registration, permit, or certification revoked for: (i) An act of bad faith; or (ii) A violation of law, rule, or ethics;

(i) An act of bad faith; or

(ii) A violation of law, rule, or ethics;

(D) Is not holding a suspended or probationary license, registration, permit, or certification in any state; and

(E) Is sufficiently competent in his or her field; and

(2) Pays any reinstatement fee required by law.

(b) The occupational licensing entity may require that sufficient competency in a particular field be demonstrated by: (1) Proficiency testing; (2) Letters of recommendation; or (3) Both proficiency testing and letters of recommendation.

(1) Proficiency testing;

(2) Letters of recommendation; or

(3) Both proficiency testing and letters of recommendation.

(c) (1) Except as provided under subsection (b) of this section, the occupational licensing entity shall not require a person who meets the requirements of subsection (a) of this section to participate in the apprenticeship, education, or training required as a prerequisite to licensing, registration, permitting, or certification of a new professional in the field. (2) The occupational licensing entity may require the person to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the license, registration, permit, or certification.

(1) Except as provided under subsection (b) of this section, the occupational licensing entity shall not require a person who meets the requirements of subsection (a) of this section to participate in the apprenticeship, education, or training required as a prerequisite to licensing, registration, permitting, or certification of a new professional in the field.

(2) The occupational licensing entity may require the person to participate in continuing education or training if the continuing education or training is required for all professionals in the field to maintain the license, registration, permit, or certification.

(d) A person shall not be required to comply with requirements under this section to obtain reinstatement of his or her license, registration, permit, or certification if the person meets the requirements for reciprocity.

(e) If a criminal background check is required of an applicant for an original license, registration, permit, or certification, or of a person currently holding a license, registration, permit, or certification, then the occupational licensing entity may require a person seeking reinstatement under this section to meet the same criminal background check requirements as the applicant for an original license, registration, permit, or certification, or as the person currently holding a license, registration, permit, or certification.

(f) (1) As used in this section, "occupational licensing entity" means an agency, office, council, bureau, board, commission, department, committee, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency that has the duty to license, register, permit, certify, or otherwise approve a person to work in a particular field or industry. (2) As used in subdivision (f)(1) of this section, "agency" does not include the General Assembly, the courts, or the Governor.

(1) As used in this section, "occupational licensing entity" means an agency, office, council, bureau, board, commission, department, committee, or other authority of the government of the State of Arkansas, whether within or subject to review by another agency that has the duty to license, register, permit, certify, or otherwise approve a person to work in a particular field or industry.

(2) As used in subdivision (f)(1) of this section, "agency" does not include the General Assembly, the courts, or the Governor.

Amended by Act 2019, No. 1011,§ 1, eff. 7/24/2019.

Added by Act 2015, No. 1066,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-85-101 — AR Code / Title 17 / Chapter 85 / Section 17-85-101
Short title
Status: in_force

This chapter shall be known as the "Licensed Lay Midwife Act". Acts 1987, No. 481, § 1.

This chapter shall be known as the "Licensed Lay Midwife Act".

Acts 1987, No. 481, § 1.
Ark. Code Ann. § 17-40-350 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-350
Grounds for disciplinary action
Status: in_force

(a) The Director of the Division of Arkansas State Police may suspend or revoke a license, credential, or commission or issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter, or both, or the director may deny an application for a license, credential, or commission, or renewal thereof, on proof that the applicant, licensee, commission holder, or credential holder: (1) Violated a provision of this chapter or violated a rule promulgated under this chapter; (2) No longer meets the qualifications for the license, credential, or commission under this chapter; or (3) Has been arrested for an offense that if convicted would result in disqualification for the license, credential, or commission under this chapter. (b) The director may summarily suspend for no more than sixty (60) days a license, credential, or commission if it is shown that the health, safety, or welfare of the public is endangered. (c) (1) The director may suspend a license, credential, or commission of a person who is found guilty of or pleaded guilty or nolo contendere to a felony, a Class A misdemeanor, a crime involving an act of violence, or a crime involving an act of moral turpitude in this state or a comparable offense in another state or territory of the United States or in any foreign country. (2) If the licensee is a corporation, proof of actual participation or actual knowledge on the part of the licensee or on the part of an employee of the licensee who is also a credential holder or commission holder is required. (3) If the hearing on a license, credential, or commission that has been summarily suspended is adjourned at the request of the licensee, credential holder, or commission holder, the suspension may be continued for the additional period of the adjournment. Amended by Act 2019, No. 910,§ 5997, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 89, eff. 9/1/2015. Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, §§ 4-6; 1983, No. 899, §§ 5, 6; A.S.A. 1947, § 71-2132; Acts 2005, No. 2237, §§ 6, 12.

(a) The Director of the Division of Arkansas State Police may suspend or revoke a license, credential, or commission or issue a fine in an amount not to exceed one thousand dollars ($1,000) for each violation of this chapter, or both, or the director may deny an application for a license, credential, or commission, or renewal thereof, on proof that the applicant, licensee, commission holder, or credential holder: (1) Violated a provision of this chapter or violated a rule promulgated under this chapter; (2) No longer meets the qualifications for the license, credential, or commission under this chapter; or (3) Has been arrested for an offense that if convicted would result in disqualification for the license, credential, or commission under this chapter.

(1) Violated a provision of this chapter or violated a rule promulgated under this chapter;

(2) No longer meets the qualifications for the license, credential, or commission under this chapter; or

(3) Has been arrested for an offense that if convicted would result in disqualification for the license, credential, or commission under this chapter.

(b) The director may summarily suspend for no more than sixty (60) days a license, credential, or commission if it is shown that the health, safety, or welfare of the public is endangered.

(c) (1) The director may suspend a license, credential, or commission of a person who is found guilty of or pleaded guilty or nolo contendere to a felony, a Class A misdemeanor, a crime involving an act of violence, or a crime involving an act of moral turpitude in this state or a comparable offense in another state or territory of the United States or in any foreign country. (2) If the licensee is a corporation, proof of actual participation or actual knowledge on the part of the licensee or on the part of an employee of the licensee who is also a credential holder or commission holder is required. (3) If the hearing on a license, credential, or commission that has been summarily suspended is adjourned at the request of the licensee, credential holder, or commission holder, the suspension may be continued for the additional period of the adjournment.

(1) The director may suspend a license, credential, or commission of a person who is found guilty of or pleaded guilty or nolo contendere to a felony, a Class A misdemeanor, a crime involving an act of violence, or a crime involving an act of moral turpitude in this state or a comparable offense in another state or territory of the United States or in any foreign country.

(2) If the licensee is a corporation, proof of actual participation or actual knowledge on the part of the licensee or on the part of an employee of the licensee who is also a credential holder or commission holder is required.

(3) If the hearing on a license, credential, or commission that has been summarily suspended is adjourned at the request of the licensee, credential holder, or commission holder, the suspension may be continued for the additional period of the adjournment.

Amended by Act 2019, No. 910,§ 5997, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 89, eff. 9/1/2015.

Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, §§ 4-6; 1983, No. 899, §§ 5, 6; A.S.A. 1947, § 71-2132; Acts 2005, No. 2237, §§ 6, 12.
Ark. Code Ann. § 17-89-309 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-309
Denial, suspension, or revocation - Grounds
Status: in_force

(a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the following: (1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as "bait and switch", or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a "side-by-side" operation, or engaging in the referral procedure commonly known as "capping and steering"; (3) The applicant, licensee, or registrant being convicted of a felony listed under § 17-3-102 ; (4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter; (5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising; (6) The applicant, licensee, or registrant failing to qualify for the license or registration; (7) The applicant, licensee, or registrant violating any other rule promulgated by the board; or (8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser. (b) If after due notice and hearing a person licensed or registered as an optician or apprentice under this chapter is found to have violated this chapter, the board may impose any one (1) or more of the following sanctions: (1) Suspension, revocation, or denial of the license or registration or the renewal thereof; (2) A penalty not to exceed one thousand dollars ($1,000) for each violation; (3) Place conditions or restrictions upon the person's license, registration, or practice; or (4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. (c) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain the judgment for the amount of the penalty not paid. Amended by Act 2019, No. 315,§ 1550, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 84, eff. 7/24/2019. Acts 1981, No. 589, § 17; A.S.A. 1947, § 72-2117; Acts 1999, No. 524, § 4.

(a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the following: (1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as "bait and switch", or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a "side-by-side" operation, or engaging in the referral procedure commonly known as "capping and steering"; (3) The applicant, licensee, or registrant being convicted of a felony listed under § 17-3-102 ; (4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter; (5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising; (6) The applicant, licensee, or registrant failing to qualify for the license or registration; (7) The applicant, licensee, or registrant violating any other rule promulgated by the board; or (8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser.

(1) The applicant, licensee, or registrant obtaining a license or registration by means of fraud, misrepresentation, or concealment of material facts;

(2) The applicant, licensee, or registrant engaging in conduct, including, but not limited to, engaging in the advertising practice commonly known as "bait and switch", or establishing an ophthalmic dispensing business immediately adjacent to the office of a licensed optometrist or physician skilled in diseases of the eye in what is commonly known as a "side-by-side" operation, or engaging in the referral procedure commonly known as "capping and steering";

(3) The applicant, licensee, or registrant being convicted of a felony listed under § 17-3-102 ;

(4) The applicant, licensee, or registrant violating any prohibitive provision under this chapter;

(5) The applicant, licensee, or registrant engaging in any fraudulent, misleading, or deceptive advertising;

(6) The applicant, licensee, or registrant failing to qualify for the license or registration;

(7) The applicant, licensee, or registrant violating any other rule promulgated by the board; or

(8) The applicant, licensee, or registrant using any narcotic drug or alcohol which impairs his or her ability to perform the work of an ophthalmic dispenser.

(b) If after due notice and hearing a person licensed or registered as an optician or apprentice under this chapter is found to have violated this chapter, the board may impose any one (1) or more of the following sanctions: (1) Suspension, revocation, or denial of the license or registration or the renewal thereof; (2) A penalty not to exceed one thousand dollars ($1,000) for each violation; (3) Place conditions or restrictions upon the person's license, registration, or practice; or (4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.

(1) Suspension, revocation, or denial of the license or registration or the renewal thereof;

(2) A penalty not to exceed one thousand dollars ($1,000) for each violation;

(3) Place conditions or restrictions upon the person's license, registration, or practice; or

(4) Such other requirements or penalties as may be appropriate to the circumstances or the case, and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.

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

Amended by Act 2019, No. 315,§ 1550, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 84, eff. 7/24/2019.

Acts 1981, No. 589, § 17; A.S.A. 1947, § 72-2117; Acts 1999, No. 524, § 4.
Ark. Code Ann. § 17-102-310 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-310
Exempted activities
Status: in_force

Nothing herein shall be construed to prohibit or to require a license hereunder with respect to the practice of medicine and surgery, chiropractic, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, massage therapy, or any branch of the healing arts as defined by the laws of this state as now or hereafter enacted, it not being intended by this chapter to limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts. Acts 1997, No. 816, § 15.

Nothing herein shall be construed to prohibit or to require a license hereunder with respect to the practice of medicine and surgery, chiropractic, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, massage therapy, or any branch of the healing arts as defined by the laws of this state as now or hereafter enacted, it not being intended by this chapter to limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts.

Acts 1997, No. 816, § 15.
Ark. Code Ann. § 17-99-309 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-309
Out-of-state licenses
Status: in_force

(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for licensure were equal at the time of his or her licensure to the requirements contained in this chapter may be licensed by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons licensed in the State of Arkansas by the board. (b) The issuance of a license by reciprocity by the board shall be at the sole discretion of the board. Acts 1995, No. 1094, § 10.

(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for licensure were equal at the time of his or her licensure to the requirements contained in this chapter may be licensed by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons licensed in the State of Arkansas by the board.

(b) The issuance of a license by reciprocity by the board shall be at the sole discretion of the board.

Acts 1995, No. 1094, § 10.
Ark. Code Ann. § 17-29-211 — AR Code / Title 17 / Chapter 29 / Subchapter 2 / Section 17-29-211
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 5, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 13, eff. 7/22/2015. Acts 1997, No. 39, § 3.

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

Amended by Act 2015, No. 1095,§ 13, eff. 7/22/2015.

Acts 1997, No. 39, § 3.
Ark. Code Ann. § 17-40-315 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-315
Duties of licensee or credential holder
Status: in_force

(a) Each licensee or credential holder shall maintain a record containing the information relative to his or her employees as may be prescribed by the Director of the Division of Arkansas State Police. (b) At all times a licensee or credential holder shall be legally responsible for the good conduct in the business of each employee, including the licensee's manager. (c) A licensee or credential holder finding a violation of this chapter shall report the violation to the local authority and to the director. Amended by Act 2019, No. 910,§ 5982, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 69, eff. 9/1/2015. Acts 1977, No. 429, §§ 24, 26; A.S.A. 1947, §§ 71-2145, 71-2147; Acts 1999, No. 1493, § 9.

(a) Each licensee or credential holder shall maintain a record containing the information relative to his or her employees as may be prescribed by the Director of the Division of Arkansas State Police.

(b) At all times a licensee or credential holder shall be legally responsible for the good conduct in the business of each employee, including the licensee's manager.

(c) A licensee or credential holder finding a violation of this chapter shall report the violation to the local authority and to the director.

Amended by Act 2019, No. 910,§ 5982, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 69, eff. 9/1/2015.

Acts 1977, No. 429, §§ 24, 26; A.S.A. 1947, §§ 71-2145, 71-2147; Acts 1999, No. 1493, § 9.
Ark. Code Ann. § 17-23-205 — AR Code / Title 17 / Chapter 23 / Subchapter 2 / Section 17-23-205
Disclosures
Status: in_force

Every person required to be licensed under this chapter shall inform the prospective seller of the price per ounce currently being paid for the particular precious metal offered by the prospective seller, and the precious metals shall be weighed in full sight of the prospective seller. Acts 1981, No. 87, § 3; 1983, No. 374, § 2; A.S.A. 1947, § 71-5403.

Every person required to be licensed under this chapter shall inform the prospective seller of the price per ounce currently being paid for the particular precious metal offered by the prospective seller, and the precious metals shall be weighed in full sight of the prospective seller.

Acts 1981, No. 87, § 3; 1983, No. 374, § 2; A.S.A. 1947, § 71-5403.
Ark. Code Ann. § 17-33-302 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-302
Qualifications
Status: in_force

(a) An applicant for an HVACR license must meet the following minimum requirements. The applicant must: (1) Be an individual of at least eighteen (18) years of age; (2) Make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board; (3) Specify the class of license desired; (4) Meet all requirements specified by rule promulgated by the board; (5) Pay the appropriate examination and license fees required by the board; and (6) Pass the appropriate examinations specified by the board. (b) An applicant who fails an examination is eligible for reexamination. Amended by Act 2023, No. 270,§ 5, eff. 8/1/2023. Acts 1991, No. 277, § 8; 1997, No. 344, § 2.

(a) An applicant for an HVACR license must meet the following minimum requirements. The applicant must: (1) Be an individual of at least eighteen (18) years of age; (2) Make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board; (3) Specify the class of license desired; (4) Meet all requirements specified by rule promulgated by the board; (5) Pay the appropriate examination and license fees required by the board; and (6) Pass the appropriate examinations specified by the board.

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

(2) Make application to the Department of Labor and Licensing on forms prescribed by the HVACR Licensing Board;

(3) Specify the class of license desired;

(4) Meet all requirements specified by rule promulgated by the board;

(5) Pay the appropriate examination and license fees required by the board; and

(6) Pass the appropriate examinations specified by the board.

(b) An applicant who fails an examination is eligible for reexamination.

Amended by Act 2023, No. 270,§ 5, eff. 8/1/2023.

Acts 1991, No. 277, § 8; 1997, No. 344, § 2.
Ark. Code Ann. § 17-2-105 — AR Code / Title 17 / Chapter 2 / Section 17-2-105
Scholarships
Status: in_force

Except as provided for rural medical practice student loans and scholarships under § 6-81-701 et seq., a state authority shall not suspend or revoke a license that has been issued to an individual solely on the basis of that individual's being: (1) In default on the satisfaction of the requirements and conditions of a scholarship; or (2) Delinquent in the satisfaction of the requirements and conditions of a scholarship. Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.

Except as provided for rural medical practice student loans and scholarships under § 6-81-701 et seq., a state authority shall not suspend or revoke a license that has been issued to an individual solely on the basis of that individual's being:

(1) In default on the satisfaction of the requirements and conditions of a scholarship; or

(2) Delinquent in the satisfaction of the requirements and conditions of a scholarship.

Added by Act 2019, No. 250,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-89-303 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-303
Qualifications - Registered dispensing opticians
Status: in_force

Every applicant for examination as a registered dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either: (1) Has a minimum of three (3) years' dispensing experience in Arkansas under the direct supervision of an Arkansas-licensed optometrist or Arkansas-licensed physician skilled in disease of the eye; (2) Has a minimum of three (3) years' experience under the direct supervision of a licensed or registered dispensing optician holding a certificate of licensure or registry in the State of Arkansas, one (1) year of which may be while working in a qualified full-service optical laboratory approved by the board; or (3) Is a graduate of an approved school of opticianry which has been accredited by a national accreditation organization and is recognized by the board. Amended by Act 2019, No. 990,§ 81, eff. 7/24/2019. Acts 1981, No. 589, § 7; A.S.A. 1947, § 72-2107; Acts 1993, No. 1219, § 18.

Every applicant for examination as a registered dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either:

(1) Has a minimum of three (3) years' dispensing experience in Arkansas under the direct supervision of an Arkansas-licensed optometrist or Arkansas-licensed physician skilled in disease of the eye;

(2) Has a minimum of three (3) years' experience under the direct supervision of a licensed or registered dispensing optician holding a certificate of licensure or registry in the State of Arkansas, one (1) year of which may be while working in a qualified full-service optical laboratory approved by the board; or

(3) Is a graduate of an approved school of opticianry which has been accredited by a national accreditation organization and is recognized by the board.

Amended by Act 2019, No. 990,§ 81, eff. 7/24/2019.

Acts 1981, No. 589, § 7; A.S.A. 1947, § 72-2107; Acts 1993, No. 1219, § 18.
Ark. Code Ann. § 17-105-118 — AR Code / Title 17 / Chapter 105 / Section 17-105-118
Regulation by Arkansas State Medical Board
Status: in_force

The Arkansas State Medical Board shall administer the provisions of this chapter under such procedures as it considers advisable and may adopt rules that are reasonable and necessary to implement the provisions of this chapter. Further, it is the intent of the General Assembly that the board on behalf of the General Assembly shall make rules clarifying any ambiguities or related matters concerning this chapter, which may not have been specifically addressed. Acts 1999, No. 851, § 18.

The Arkansas State Medical Board shall administer the provisions of this chapter under such procedures as it considers advisable and may adopt rules that are reasonable and necessary to implement the provisions of this chapter. Further, it is the intent of the General Assembly that the board on behalf of the General Assembly shall make rules clarifying any ambiguities or related matters concerning this chapter, which may not have been specifically addressed.

Acts 1999, No. 851, § 18.
Ark. Code Ann. § 17-99-204 — AR Code / Title 17 / Chapter 99 / Subchapter 2 / Section 17-99-204
Board responsibility for finances - Compensation for committee
Status: in_force

(a) All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board and shall be expended by it in furtherance of the purposes of this chapter and in accordance with the provisions of § 17-95-305 . (b) The members of the Arkansas State Respiratory Care Examining Committee may receive expense reimbursement in accordance with § 25-16-901 et seq. (c) It shall not be lawful for the board or any member of the board, in any manner whatever or for any purpose, to charge or obligate the State of Arkansas for the payment of any money whatever. Acts 1969, No. 168, § 17; A.S.A. 1947, § 72-1617; Acts 1987, No. 952, § 15; 1997, No. 250, § 171.

(a) All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board and shall be expended by it in furtherance of the purposes of this chapter and in accordance with the provisions of § 17-95-305 .

(b) The members of the Arkansas State Respiratory Care Examining Committee may receive expense reimbursement in accordance with § 25-16-901 et seq.

(c) It shall not be lawful for the board or any member of the board, in any manner whatever or for any purpose, to charge or obligate the State of Arkansas for the payment of any money whatever.

Acts 1969, No. 168, § 17; A.S.A. 1947, § 72-1617; Acts 1987, No. 952, § 15; 1997, No. 250, § 171.
Ark. Code Ann. § 17-35-802 — AR Code / Title 17 / Chapter 35 / Subchapter 8 / Section 17-35-802
Requirements for registration
Status: in_force

(a) Each applicant for registration shall provide substantial evidence to the State Board of Registered Residential Interior Designers that the applicant: (1) Has taken and passed the Council for Qualification of Residential Interior Designers examination; and (2) (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate residential interior design experience; (B) Is a graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate residential interior design experience; or (C) Is a licensed architect certified by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (b) Each interior design program must be an interior design program of an institution accredited by the North Central Association of Colleges and Schools, or a program determined by the State Board of Registered Residential Interior Designers to be substantially equivalent to such an accredited program. (c) Six (6) years from the date of passage, completion of a monitored internship development program may be required as part or all of the residential interior design experience requirement. (d) The State Board of Registered Residential Interior Designers shall waive examination requirements for an individual who provides proof of passage of the Council for Qualification of Residential Interior Designers examination and who is registered, licensed, or certified as an interior designer in another state, the District of Columbia, or a foreign country, provided that that jurisdiction's requirements for registration are substantially equivalent to those required for registration in this state. (e) Every registration shall expire annually on a day designated by the State Board of Registered Residential Interior Designers. Acts 1993, No. 959, §§ 8, 11, 13.

(a) Each applicant for registration shall provide substantial evidence to the State Board of Registered Residential Interior Designers that the applicant: (1) Has taken and passed the Council for Qualification of Residential Interior Designers examination; and (2) (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate residential interior design experience; (B) Is a graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate residential interior design experience; or (C) Is a licensed architect certified by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(1) Has taken and passed the Council for Qualification of Residential Interior Designers examination; and

(2) (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified and appropriate residential interior design experience; (B) Is a graduate of a four-year interior design program or a master's degree program in interior design from an accredited institution and has completed at least two (2) years of diversified and appropriate residential interior design experience; or (C) Is a licensed architect certified by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

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

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

(C) Is a licensed architect certified by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(b) Each interior design program must be an interior design program of an institution accredited by the North Central Association of Colleges and Schools, or a program determined by the State Board of Registered Residential Interior Designers to be substantially equivalent to such an accredited program.

(c) Six (6) years from the date of passage, completion of a monitored internship development program may be required as part or all of the residential interior design experience requirement.

(d) The State Board of Registered Residential Interior Designers shall waive examination requirements for an individual who provides proof of passage of the Council for Qualification of Residential Interior Designers examination and who is registered, licensed, or certified as an interior designer in another state, the District of Columbia, or a foreign country, provided that that jurisdiction's requirements for registration are substantially equivalent to those required for registration in this state.

(e) Every registration shall expire annually on a day designated by the State Board of Registered Residential Interior Designers.

Acts 1993, No. 959, §§ 8, 11, 13.
Ark. Code Ann. § 17-82-703 — AR Code / Title 17 / Chapter 82 / Subchapter 7 / Section 17-82-703
Provision of services by collaborative dental hygienists
Status: in_force

(a) A collaborative dental hygienist who obtains a Collaborative Care Permit I may provide prophylaxis, fluoride treatments, sealants, dental hygiene instruction, assessment of the patient's need for further treatment by a dentist, and other services provided by law if delegated by the consulting dentist to children in a public setting without the supervision and direction of a dentist and without a prior examination of the patient by the consulting dentist. (b) A collaborative dental hygienist who holds a Collaborative Care Permit II may provide prophylaxis, fluoride treatments, sealants, dental hygiene instruction, assessment of the patient's need for further treatment by a dentist, and other services provided by law if delegated by the consulting dentist to children, senior citizens, and persons with developmental disabilities in public settings without the supervision and direction of a dentist and without a prior examination of the patient by the consulting dentist. Acts 2011, No. 89, § 1.

(a) A collaborative dental hygienist who obtains a Collaborative Care Permit I may provide prophylaxis, fluoride treatments, sealants, dental hygiene instruction, assessment of the patient's need for further treatment by a dentist, and other services provided by law if delegated by the consulting dentist to children in a public setting without the supervision and direction of a dentist and without a prior examination of the patient by the consulting dentist.

(b) A collaborative dental hygienist who holds a Collaborative Care Permit II may provide prophylaxis, fluoride treatments, sealants, dental hygiene instruction, assessment of the patient's need for further treatment by a dentist, and other services provided by law if delegated by the consulting dentist to children, senior citizens, and persons with developmental disabilities in public settings without the supervision and direction of a dentist and without a prior examination of the patient by the consulting dentist.

Acts 2011, No. 89, § 1.
Ark. Code Ann. § 17-50-206 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-206
Disposition of funds
Status: in_force

All fees, civil penalties, or payments of any type collected by the Arkansas Natural Resources Commission under this chapter shall be deposited into one (1) or more banks qualifying for the deposit of public funds to be used by the commission for the proper administration of this chapter. The deposits shall be audited under the rules prescribed by the Department of Finance and Administration. Amended by Act 2023, No. 691,§ 127, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1485, eff. 7/24/2019. Acts 1969, No. 641, § 15; 1981, No. 521, § 4; A.S.A. 1947, §§ 21-2015, 21-2018.2.

All fees, civil penalties, or payments of any type collected by the Arkansas Natural Resources Commission under this chapter shall be deposited into one (1) or more banks qualifying for the deposit of public funds to be used by the commission for the proper administration of this chapter. The deposits shall be audited under the rules prescribed by the Department of Finance and Administration.

Amended by Act 2023, No. 691,§ 127, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1485, eff. 7/24/2019.

Acts 1969, No. 641, § 15; 1981, No. 521, § 4; A.S.A. 1947, §§ 21-2015, 21-2018.2.
Ark. Code Ann. § 17-86-312 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-312
Fees
Status: in_force

(a) All registration fees and other fees due the Department of Health shall be paid in accordance with the provisions of this chapter and all other laws and rules of this state. (b) (1) The initial inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (2) The annual renewal and inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (3) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500). Amended by Act 2019, No. 315,§ 1536, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 28, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 21, eff. 8/16/2013. Acts 1981, No. 875, § 9; A.S.A. 1947, § 72-1209; Acts 1991, No. 1217, § 1; 1997, No. 840, § 18.

(a) All registration fees and other fees due the Department of Health shall be paid in accordance with the provisions of this chapter and all other laws and rules of this state.

(b) (1) The initial inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (2) The annual renewal and inspection fee for a massage therapy school shall not exceed one hundred dollars ($100). (3) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500).

(1) The initial inspection fee for a massage therapy school shall not exceed one hundred dollars ($100).

(2) The annual renewal and inspection fee for a massage therapy school shall not exceed one hundred dollars ($100).

(3) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500).

Amended by Act 2019, No. 315,§ 1536, eff. 7/24/2019.

Amended by Act 2015, No. 1020,§ 28, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 21, eff. 8/16/2013.

Acts 1981, No. 875, § 9; A.S.A. 1947, § 72-1209; Acts 1991, No. 1217, § 1; 1997, No. 840, § 18.
Ark. Code Ann. § 17-27-404 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-404
Establishment of licensure board
Status: in_force

(a) (1) There is hereby created the State Board of Examiners of Alcoholism and Drug Abuse Counselors to be composed of thirteen (13) members who shall be appointed by the Governor. (2) Two (2) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. (3) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (4) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who engage in the independent practice of alcoholism and drug abuse counseling. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (5) One (1) member shall be licensed by an Arkansas health or behavioral sciences board and hold a specialty in alcohol and drug abuse counseling or addiction and a current license from his or her licensing boards. (6) One (1) member shall be a licensed professional counselor with a specialty in alcohol and drug abuse counseling or addiction. (7) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. (b) The initial members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be appointed so that three (3) members serve a one-year term, three (3) members serve a two-year term, three (3) members serve a three-year term, and four (4) members serve a four-year term. Successor members shall serve four-year terms except that persons appointed to fill vacancies resulting in an unexpired term shall serve for the remainder of that unexpired term. (c) Upon the recommendation of the State Board of Examiners of Alcoholism and Drug Abuse Counselors made after notice and hearing, the Governor may remove any member of the State Board of Examiners of Alcoholism and Drug Abuse Counselors for incompetence, neglect of duty, or malfeasance in office. (d) Any vacancy on the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be filled by the Governor. (e) The Governor shall call the first board meeting and designate a member to preside at that meeting. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall elect annually from its membership a chair, a vice chair, and a secretary. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall meet as frequently as it deems necessary, at such times and places as the State Board of Examiners of Alcoholism and Drug Abuse Counselors designates. Additional meetings may be held upon the call of the chair or upon the written request of five (5) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors. (f) Seven (7) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall constitute a quorum. Acts 1999, No. 1588, § 4.

(a) (1) There is hereby created the State Board of Examiners of Alcoholism and Drug Abuse Counselors to be composed of thirteen (13) members who shall be appointed by the Governor. (2) Two (2) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. (3) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (4) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who engage in the independent practice of alcoholism and drug abuse counseling. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. (5) One (1) member shall be licensed by an Arkansas health or behavioral sciences board and hold a specialty in alcohol and drug abuse counseling or addiction and a current license from his or her licensing boards. (6) One (1) member shall be a licensed professional counselor with a specialty in alcohol and drug abuse counseling or addiction. (7) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated.

(1) There is hereby created the State Board of Examiners of Alcoholism and Drug Abuse Counselors to be composed of thirteen (13) members who shall be appointed by the Governor.

(2) Two (2) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years.

(3) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who have rendered service, education, or research in alcoholism and drug abuse counseling for at least two (2) years. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years.

(4) Four (4) of the initial members shall be alcoholism and drug abuse counselors certified by the Arkansas Substance Abuse Certification Board who are licensed under the provisions of this subchapter and who engage in the independent practice of alcoholism and drug abuse counseling. Their successors shall be alcoholism and drug abuse counselors licensed by the State Board of Examiners of Alcoholism and Drug Abuse Counselors who have rendered service, education, or research in alcoholism and drug abuse counseling for at least five (5) years.

(5) One (1) member shall be licensed by an Arkansas health or behavioral sciences board and hold a specialty in alcohol and drug abuse counseling or addiction and a current license from his or her licensing boards.

(6) One (1) member shall be a licensed professional counselor with a specialty in alcohol and drug abuse counseling or addiction.

(7) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated.

(b) The initial members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be appointed so that three (3) members serve a one-year term, three (3) members serve a two-year term, three (3) members serve a three-year term, and four (4) members serve a four-year term. Successor members shall serve four-year terms except that persons appointed to fill vacancies resulting in an unexpired term shall serve for the remainder of that unexpired term.

(c) Upon the recommendation of the State Board of Examiners of Alcoholism and Drug Abuse Counselors made after notice and hearing, the Governor may remove any member of the State Board of Examiners of Alcoholism and Drug Abuse Counselors for incompetence, neglect of duty, or malfeasance in office.

(d) Any vacancy on the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall be filled by the Governor.

(e) The Governor shall call the first board meeting and designate a member to preside at that meeting. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall elect annually from its membership a chair, a vice chair, and a secretary. The State Board of Examiners of Alcoholism and Drug Abuse Counselors shall meet as frequently as it deems necessary, at such times and places as the State Board of Examiners of Alcoholism and Drug Abuse Counselors designates. Additional meetings may be held upon the call of the chair or upon the written request of five (5) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors.

(f) Seven (7) members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors shall constitute a quorum.

Acts 1999, No. 1588, § 4.
Ark. Code Ann. § 17-93-410 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-410
Expiration and renewal
Status: in_force

(a) A license issued under this subchapter expires one (1) year after the date of issuance. (b) Licenses shall be renewed according to procedures established by the Arkansas State Board of Athletic Training. Acts 1995, No. 1279, § 9; 2001, No. 1124, § 6.

(a) A license issued under this subchapter expires one (1) year after the date of issuance.

(b) Licenses shall be renewed according to procedures established by the Arkansas State Board of Athletic Training.

Acts 1995, No. 1279, § 9; 2001, No. 1124, § 6.
Ark. Code Ann. § 17-28-203 — AR Code / Title 17 / Chapter 28 / Subchapter 2 / Section 17-28-203
Examinations - Fees
Status: in_force

(a) The Board of Electrical Examiners of the State of Arkansas is authorized to conduct examinations of persons applying for a license as a master electrician, journeyman electrician, industrial maintenance electrician, residential master electrician, air conditioning electrician, specialist sign electrician, or residential journeyman electrician. These persons shall pay fees established by the board, but in no event shall such examination fees exceed the following: (1) Master electrician ............... $100.00 (2) Journeyman electrician ............... 100.00 (3) Industrial maintenance electrician ............... 50.00 (4) Residential master electrician ............... 100.00 (5) Residential journeyman electrician ............... 100.00 (6) Air conditioning electrician ............... 100.00 (7) Specialist sign electrician ............... 100.00 (b) Any applicant who shall fail to pass the examination shall be permitted to take the next scheduled examination upon payment of the required fees. Acts 1979, No. 870, § 4; 1983, No. 866, § 3; A.S.A. 1947, § 71-5304; Acts 1993, No. 831, § 1; 1997, No. 1289, § 5; 2009, No. 1188, § 2.

(a) The Board of Electrical Examiners of the State of Arkansas is authorized to conduct examinations of persons applying for a license as a master electrician, journeyman electrician, industrial maintenance electrician, residential master electrician, air conditioning electrician, specialist sign electrician, or residential journeyman electrician. These persons shall pay fees established by the board, but in no event shall such examination fees exceed the following: (1) Master electrician ............... $100.00 (2) Journeyman electrician ............... 100.00 (3) Industrial maintenance electrician ............... 50.00 (4) Residential master electrician ............... 100.00 (5) Residential journeyman electrician ............... 100.00 (6) Air conditioning electrician ............... 100.00 (7) Specialist sign electrician ............... 100.00

(1) Master electrician ............... $100.00

(2) Journeyman electrician ............... 100.00

(3) Industrial maintenance electrician ............... 50.00

(4) Residential master electrician ............... 100.00

(5) Residential journeyman electrician ............... 100.00

(6) Air conditioning electrician ............... 100.00

(7) Specialist sign electrician ............... 100.00

(b) Any applicant who shall fail to pass the examination shall be permitted to take the next scheduled examination upon payment of the required fees.

Acts 1979, No. 870, § 4; 1983, No. 866, § 3; A.S.A. 1947, § 71-5304; Acts 1993, No. 831, § 1; 1997, No. 1289, § 5; 2009, No. 1188, § 2.
Ark. Code Ann. § 17-31-304 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-304
Examinations
Status: in_force

(a) When written examinations are required, they shall be held at such times and places as the Department of Agriculture, in consultation with the Arkansas Forestry Commission, shall determine. (b) The scope of the examinations and the methods of procedure shall be prescribed by the commission. (c) A candidate who fails an examination may apply for another examination. (d) Subsequent examinations will be granted only upon payment of the prescribed fee. Amended by Act 2023, No. 691,§ 88, eff. 7/1/2023. Amended by Act 2019, No. 257,§ 2, eff. 7/24/2019. Acts 1969, No. 535, § 15; A.S.A. 1947, § 71-2415.

(a) When written examinations are required, they shall be held at such times and places as the Department of Agriculture, in consultation with the Arkansas Forestry Commission, shall determine.

(b) The scope of the examinations and the methods of procedure shall be prescribed by the commission.

(c) A candidate who fails an examination may apply for another examination.

(d) Subsequent examinations will be granted only upon payment of the prescribed fee.

Amended by Act 2023, No. 691,§ 88, eff. 7/1/2023.

Amended by Act 2019, No. 257,§ 2, eff. 7/24/2019.

Acts 1969, No. 535, § 15; A.S.A. 1947, § 71-2415.
Ark. Code Ann. § 17-90-504 — AR Code / Title 17 / Chapter 90 / Subchapter 5 / Section 17-90-504
Authority
Status: in_force

The State Board of Optometry may undertake the functions and responsibilities to carry out the purposes of this subchapter, which may include any of the following: (1) Contracting with providers of treatment programs; (2) Receiving and evaluating reports of suspected impairment from any source; (3) Intervening in cases of verified impairment; (4) Referring impaired optometrists to treatment programs; (5) Monitoring the treatment and rehabilitation of impaired optometrists; (6) Providing posttreatment monitoring and support of rehabilitated impaired optometrists; (7) Suspending, limiting, or restricting the optometrist's license for the duration of the impairment; and (8) Performing such other activities as the board deems necessary to accomplish the purposes of this subchapter. Acts 1997, No. 176, § 4; 1997, No. 186, § 4.

The State Board of Optometry may undertake the functions and responsibilities to carry out the purposes of this subchapter, which may include any of the following:

(1) Contracting with providers of treatment programs;

(2) Receiving and evaluating reports of suspected impairment from any source;

(3) Intervening in cases of verified impairment;

(4) Referring impaired optometrists to treatment programs;

(5) Monitoring the treatment and rehabilitation of impaired optometrists;

(6) Providing posttreatment monitoring and support of rehabilitated impaired optometrists;

(7) Suspending, limiting, or restricting the optometrist's license for the duration of the impairment; and

(8) Performing such other activities as the board deems necessary to accomplish the purposes of this subchapter.

Acts 1997, No. 176, § 4; 1997, No. 186, § 4.
Ark. Code Ann. § 17-100-108 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-108
Billing
Status: in_force

(a) Services provided by speech-language pathology support personnel which are prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter may be billed to third parties as speech-language services or therapies. (b) The billings may be in the name of the licensed speech-language pathologist or clinic of a licensed speech-language pathologist or a developmental disability day treatment clinic services community provider licensed or certified by the Division of Developmental Disabilities Services of the Department of Human Services that employs the speech-language pathology support personnel. Acts 1995, No. 826, § 1.

(a) Services provided by speech-language pathology support personnel which are prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter may be billed to third parties as speech-language services or therapies.

(b) The billings may be in the name of the licensed speech-language pathologist or clinic of a licensed speech-language pathologist or a developmental disability day treatment clinic services community provider licensed or certified by the Division of Developmental Disabilities Services of the Department of Human Services that employs the speech-language pathology support personnel.

Acts 1995, No. 826, § 1.
Ark. Code Ann. § 17-17-406 — AR Code / Title 17 / Chapter 17 / Subchapter 4 / Section 17-17-406
Education
Status: in_force

The Auctioneer's Licensing Board, in its discretion, may use any funds in the Auctioneer Education and Recovery Fund in excess of the one-hundred-eighty-thousand-dollar level, regardless of whether it is from the fund fees or accrued interest thereon for any or all of the following purposes: (1) To carry out the advancement of education in the auction field for the benefit of those licensed under the provisions of this chapter; (2) To assist in the improvement and efficiency of the auctioneering profession; and (3) To underwrite educational seminars and other forms of educational projects for the use and benefit of auctioneer licensees. Acts 1999, No. 227, § 3.

The Auctioneer's Licensing Board, in its discretion, may use any funds in the Auctioneer Education and Recovery Fund in excess of the one-hundred-eighty-thousand-dollar level, regardless of whether it is from the fund fees or accrued interest thereon for any or all of the following purposes:

(1) To carry out the advancement of education in the auction field for the benefit of those licensed under the provisions of this chapter;

(2) To assist in the improvement and efficiency of the auctioneering profession; and

(3) To underwrite educational seminars and other forms of educational projects for the use and benefit of auctioneer licensees.

Acts 1999, No. 227, § 3.
Ark. Code Ann. § 17-52-322 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-322
Exemptions
Status: in_force

(a) A person who by virtue of his or her employment by a public entity does home inspection work for that agency shall not be required to be registered under this subchapter if the home inspections are conducted: (1) Solely for the benefit of that entity; and (2) For no compensation other than the employee's salary. (b) This subchapter shall not apply to: (1) Any person holding a valid registration, certificate, or license issued by the state if the person's activity is limited to the activity authorized by his or her registration, certificate, or license; (2) A person who inspects his or her own home; or (3) A public entity that inspects its residential units with its own personnel specifically trained for the home inspection. Acts 2003, No. 1328, § 1.

(a) A person who by virtue of his or her employment by a public entity does home inspection work for that agency shall not be required to be registered under this subchapter if the home inspections are conducted: (1) Solely for the benefit of that entity; and (2) For no compensation other than the employee's salary.

(1) Solely for the benefit of that entity; and

(2) For no compensation other than the employee's salary.

(b) This subchapter shall not apply to: (1) Any person holding a valid registration, certificate, or license issued by the state if the person's activity is limited to the activity authorized by his or her registration, certificate, or license; (2) A person who inspects his or her own home; or (3) A public entity that inspects its residential units with its own personnel specifically trained for the home inspection.

(1) Any person holding a valid registration, certificate, or license issued by the state if the person's activity is limited to the activity authorized by his or her registration, certificate, or license;

(2) A person who inspects his or her own home; or

(3) A public entity that inspects its residential units with its own personnel specifically trained for the home inspection.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-47-102 — AR Code / Title 17 / Chapter 47 / Subchapter 1 / Section 17-47-102
Penalties
Status: in_force

(a) Each of the following shall be guilty of a misdemeanor and shall, for each offense of which he or she is convicted, be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200): (1) Any person who: (A) Practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter; (B) Attempts to use an expired or revoked or nonexistent certificate of registration; (C) Falsely claims that he or she is registered under this chapter; (D) Presents or attempts to use the certificate of registration of another; (E) Falsely impersonates any other registrant of like or different names; (F) Gives false or forged evidence of any kind to the Arkansas Natural Resources Commission or to any member thereof in obtaining or attempting to obtain a certificate of registration; or (G) Practices or offers to practice when not qualified; (2) Any person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifer" or any modification or derivative thereof in its name or form of business or activity except as authorized in this chapter; or (3) Any person, partnership, corporation, or other entity who violates any of the provisions of this chapter. (b) Each violation and each day of any violation shall constitute a separate offense. Amended by Act 2023, No. 691,§ 96, eff. 7/1/2023. Acts 1975, No. 460, § 20; A.S.A. 1947, § 71-2720.

(a) Each of the following shall be guilty of a misdemeanor and shall, for each offense of which he or she is convicted, be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200): (1) Any person who: (A) Practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter; (B) Attempts to use an expired or revoked or nonexistent certificate of registration; (C) Falsely claims that he or she is registered under this chapter; (D) Presents or attempts to use the certificate of registration of another; (E) Falsely impersonates any other registrant of like or different names; (F) Gives false or forged evidence of any kind to the Arkansas Natural Resources Commission or to any member thereof in obtaining or attempting to obtain a certificate of registration; or (G) Practices or offers to practice when not qualified; (2) Any person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifer" or any modification or derivative thereof in its name or form of business or activity except as authorized in this chapter; or (3) Any person, partnership, corporation, or other entity who violates any of the provisions of this chapter.

(1) Any person who: (A) Practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter; (B) Attempts to use an expired or revoked or nonexistent certificate of registration; (C) Falsely claims that he or she is registered under this chapter; (D) Presents or attempts to use the certificate of registration of another; (E) Falsely impersonates any other registrant of like or different names; (F) Gives false or forged evidence of any kind to the Arkansas Natural Resources Commission or to any member thereof in obtaining or attempting to obtain a certificate of registration; or (G) Practices or offers to practice when not qualified;

(A) Practices or offers to practice professional soil classifying in this state without being registered in accordance with the provisions of this chapter;

(B) Attempts to use an expired or revoked or nonexistent certificate of registration;

(C) Falsely claims that he or she is registered under this chapter;

(D) Presents or attempts to use the certificate of registration of another;

(E) Falsely impersonates any other registrant of like or different names;

(F) Gives false or forged evidence of any kind to the Arkansas Natural Resources Commission or to any member thereof in obtaining or attempting to obtain a certificate of registration; or

(G) Practices or offers to practice when not qualified;

(2) Any person, firm, partnership, organization, association, corporation, or other entity using or employing the words "soil classifier" or "professional soil classifer" or any modification or derivative thereof in its name or form of business or activity except as authorized in this chapter; or

(3) Any person, partnership, corporation, or other entity who violates any of the provisions of this chapter.

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

Amended by Act 2023, No. 691,§ 96, eff. 7/1/2023.

Acts 1975, No. 460, § 20; A.S.A. 1947, § 71-2720.
Ark. Code Ann. § 17-42-317 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-317
Representing seller or lessor in an agency relationship
Status: in_force

(a) When representing a seller or lessor in an agency relationship, a licensee shall: (1) (A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor. (B) Unless requested by the seller or lessor, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease; (2) Accept delivery of and present an offer to the seller or lessor in a timely manner, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; (3) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the seller's or lessor's questions regarding the steps the seller or lessor must take to fulfill the terms of a contract; and (B) Provide information to the seller or lessor regarding offers or counteroffers of which the licensee has actual knowledge; and (4) Assist the seller or lessor in developing, communicating, and presenting offers or counteroffers. (b) A licensee does not breach a duty or an obligation to a seller or lessor with whom the licensee has an agency relationship by showing alternative properties to a prospective buyer or by acting as an agent or subagent for other sellers or lessors. (c) This section does not permit a licensee to perform any act or service that constitutes the practice of law. Acts 2011, No. 877, § 1.

(a) When representing a seller or lessor in an agency relationship, a licensee shall: (1) (A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor. (B) Unless requested by the seller or lessor, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease; (2) Accept delivery of and present an offer to the seller or lessor in a timely manner, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease; (3) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the seller's or lessor's questions regarding the steps the seller or lessor must take to fulfill the terms of a contract; and (B) Provide information to the seller or lessor regarding offers or counteroffers of which the licensee has actual knowledge; and (4) Assist the seller or lessor in developing, communicating, and presenting offers or counteroffers.

(1) (A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor. (B) Unless requested by the seller or lessor, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease;

(A) Use reasonable efforts to obtain a purchase or lease offer at a price and with terms acceptable to the seller or lessor.

(B) Unless requested by the seller or lessor, the licensee is not obligated to seek additional offers if the property is subject to a contract of sale, lease, or letter of intent to lease;

(2) Accept delivery of and present an offer to the seller or lessor in a timely manner, regardless of whether or not the property is subject to a contract of sale, lease, or letter of intent to lease;

(3) Within the scope of knowledge required for licensure, but without violating the limits of the licensee's authority: (A) Answer the seller's or lessor's questions regarding the steps the seller or lessor must take to fulfill the terms of a contract; and (B) Provide information to the seller or lessor regarding offers or counteroffers of which the licensee has actual knowledge; and

(A) Answer the seller's or lessor's questions regarding the steps the seller or lessor must take to fulfill the terms of a contract; and

(B) Provide information to the seller or lessor regarding offers or counteroffers of which the licensee has actual knowledge; and

(4) Assist the seller or lessor in developing, communicating, and presenting offers or counteroffers.

(b) A licensee does not breach a duty or an obligation to a seller or lessor with whom the licensee has an agency relationship by showing alternative properties to a prospective buyer or by acting as an agent or subagent for other sellers or lessors.

(c) This section does not permit a licensee to perform any act or service that constitutes the practice of law.

Acts 2011, No. 877, § 1.
Ark. Code Ann. § 17-87-106 — AR Code / Title 17 / Chapter 87 / Subchapter 1 / Section 17-87-106
Construction of chapter
Status: in_force

Nothing in this chapter relating to the practice of advanced practice nursing shall be construed to limit or alter the scope of practice of any registered nurse practitioner or any other licensed nurse. Acts 1995, No. 409, § 21.

Nothing in this chapter relating to the practice of advanced practice nursing shall be construed to limit or alter the scope of practice of any registered nurse practitioner or any other licensed nurse.

Acts 1995, No. 409, § 21.
Ark. Code Ann. § 17-42-509 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-509
Issuance or denial of license
Status: in_force

(a) The Arkansas Real Estate Commission shall issue a license to an applicant instructor of real estate education who: (1) Is twenty-one (21) years of age or older; (2) Has successfully completed the real estate education requirements under this subchapter; (3) Has sufficient experience as determined by the commission; (4) Has no record of unprofessional conduct; and (5) Shows evidence of a reputation of honesty, trustworthiness, and integrity sufficient to safeguard the interest of the public. (b) The commission shall determine what constitutes proof of meeting the requirements of subsection (a) of this section. (c) A person or entity shall not be issued a license under this subchapter if: (1) The person or entity has had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons; (2) The person has been refused a renewal of a license issued by this state or any other jurisdiction; (3) The person or entity has pleaded guilty or nolo contendere to or been found guilty of a felony listed under § 17-3-102 or a misdemeanor involving violence, fraud, misrepresentation, or dishonest or dishonorable dealing in a court of competent jurisdiction; or (4) The person or entity fails to pay the appropriate fees. (d) (1) Subsection (c) of this section may be waived by the commission on request of an affected applicant for licensure. (2) Circumstances for which a waiver may be granted include: (A) The applicant's age at the time the action occurred; (B) The circumstances surrounding the action; (C) The length of time since the action; (D) Work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public. Amended by Act 2019, No. 990,§ 46, eff. 7/24/2019. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) The Arkansas Real Estate Commission shall issue a license to an applicant instructor of real estate education who: (1) Is twenty-one (21) years of age or older; (2) Has successfully completed the real estate education requirements under this subchapter; (3) Has sufficient experience as determined by the commission; (4) Has no record of unprofessional conduct; and (5) Shows evidence of a reputation of honesty, trustworthiness, and integrity sufficient to safeguard the interest of the public.

(1) Is twenty-one (21) years of age or older;

(2) Has successfully completed the real estate education requirements under this subchapter;

(3) Has sufficient experience as determined by the commission;

(4) Has no record of unprofessional conduct; and

(5) Shows evidence of a reputation of honesty, trustworthiness, and integrity sufficient to safeguard the interest of the public.

(b) The commission shall determine what constitutes proof of meeting the requirements of subsection (a) of this section.

(c) A person or entity shall not be issued a license under this subchapter if: (1) The person or entity has had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons; (2) The person has been refused a renewal of a license issued by this state or any other jurisdiction; (3) The person or entity has pleaded guilty or nolo contendere to or been found guilty of a felony listed under § 17-3-102 or a misdemeanor involving violence, fraud, misrepresentation, or dishonest or dishonorable dealing in a court of competent jurisdiction; or (4) The person or entity fails to pay the appropriate fees.

(1) The person or entity has had a real estate or other professional or occupational license suspended or revoked for disciplinary reasons;

(2) The person has been refused a renewal of a license issued by this state or any other jurisdiction;

(3) The person or entity has pleaded guilty or nolo contendere to or been found guilty of a felony listed under § 17-3-102 or a misdemeanor involving violence, fraud, misrepresentation, or dishonest or dishonorable dealing in a court of competent jurisdiction; or

(4) The person or entity fails to pay the appropriate fees.

(d) (1) Subsection (c) of this section may be waived by the commission on request of an affected applicant for licensure. (2) Circumstances for which a waiver may be granted include: (A) The applicant's age at the time the action occurred; (B) The circumstances surrounding the action; (C) The length of time since the action; (D) Work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(1) Subsection (c) of this section may be waived by the commission on request of an affected applicant for licensure.

(2) Circumstances for which a waiver may be granted include: (A) The applicant's age at the time the action occurred; (B) The circumstances surrounding the action; (C) The length of time since the action; (D) Work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(A) The applicant's age at the time the action occurred;

(B) The circumstances surrounding the action;

(C) The length of time since the action;

(D) Work history;

(E) Employment references;

(F) Character references; and

(G) Other evidence demonstrating that the applicant does not pose a threat to the public.

Amended by Act 2019, No. 990,§ 46, eff. 7/24/2019.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-31-104 — AR Code / Title 17 / Chapter 31 / Subchapter 1 / Section 17-31-104
Enforcement
Status: in_force

The Department of Agriculture and the Arkansas Forestry Commission are charged with the duty of seeing that the provisions of this chapter are enforced. Amended by Act 2023, No. 691,§ 76, eff. 7/1/2023. Acts 1969, No. 535, § 22; A.S.A. 1947, § 71-2422; Acts 1999, No. 993, § 3.

The Department of Agriculture and the Arkansas Forestry Commission are charged with the duty of seeing that the provisions of this chapter are enforced.

Amended by Act 2023, No. 691,§ 76, eff. 7/1/2023.

Acts 1969, No. 535, § 22; A.S.A. 1947, § 71-2422; Acts 1999, No. 993, § 3.
Ark. Code Ann. § 17-33-205 — AR Code / Title 17 / Chapter 33 / Subchapter 2 / Section 17-33-205
Disposition
Status: in_force

(a) (1) All fees or payments of any type collected by the HVACR Licensing Board under this chapter shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit those fees or payments to the "HVACR Licensing Fund" which is hereby created. (2) (A) All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing. (B) The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made. (3) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Labor and Licensing is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, 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. (b) Any moneys received from the sale or trade of motor vehicles and other capital equipment purchased with HVACR licensing funds shall be credited to the HVACR Licensing Fund. Amended by Act 2019, No. 315,§ 1418, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5435, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5434, eff. 7/1/2019. Acts 1991, No. 277, §§ 19, 20.

(a) (1) All fees or payments of any type collected by the HVACR Licensing Board under this chapter shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit those fees or payments to the "HVACR Licensing Fund" which is hereby created. (2) (A) All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing. (B) The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made. (3) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Labor and Licensing is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, 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.

(1) All fees or payments of any type collected by the HVACR Licensing Board under this chapter shall be deposited into the State Treasury as special revenues, and the Treasurer of State shall credit those fees or payments to the "HVACR Licensing Fund" which is hereby created.

(2) (A) All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing. (B) The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made.

(A) All funds deposited into the HVACR Licensing Fund shall be used for the maintenance, operation, and improvement of the HVACR Licensing and Inspection Program of the Department of Labor and Licensing.

(B) The Chief Fiscal Officer of the State is hereby authorized, from time to time, to make transfers of moneys from the Budget Stabilization Trust Fund as loans to the HVACR Licensing Fund to be used for maintenance and operation of the program. Provided, that any such moneys loaned from the Budget Stabilization Trust Fund to the HVACR Licensing Fund shall be repaid from fees derived from the program on or before the last day of the fiscal year in which the loan of the funds is made.

(3) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Labor and Licensing is hereby authorized to transfer all unexpended funds relative to the program that pertain to fees collected, 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.

(b) Any moneys received from the sale or trade of motor vehicles and other capital equipment purchased with HVACR licensing funds shall be credited to the HVACR Licensing Fund.

Amended by Act 2019, No. 315,§ 1418, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5435, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5434, eff. 7/1/2019.

Acts 1991, No. 277, §§ 19, 20.
Ark. Code Ann. § 17-90-506 — AR Code / Title 17 / Chapter 90 / Subchapter 5 / Section 17-90-506
Evaluation
Status: in_force

(a) If the State Board of Optometry has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment. (b) If the board finds after examination and hearing that a licensee is impaired, it may take one (1) or more of the actions specified in this subchapter. Acts 1997, No. 176, § 4; 1997, No. 186, § 4.

(a) If the State Board of Optometry has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment.

(b) If the board finds after examination and hearing that a licensee is impaired, it may take one (1) or more of the actions specified in this subchapter.

Acts 1997, No. 176, § 4; 1997, No. 186, § 4.
Ark. Code Ann. § 17-100-203 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-203
Organization and proceedings
Status: in_force

(a) (1) The Board of Examiners in Speech-Language Pathology and Audiology shall meet during the first sixty (60) days of each fiscal year to select a chair and other officers for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year. (2) Further meetings may be convened at the call of the Chair of the Board of Examiners in Speech-Language Pathology and Audiology or the written request of any two (2) board members. (3) All meetings of the board shall be open to the public, except that the board may close sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure. (b) Four (4) members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of four (4) board members which does not include both a speech-language pathologist and audiologist be considered a certain quorum. (c) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board and records and acts signed by the chair or the Executive Secretary of the Board of Examiners in Speech-Language Pathology and Audiology and authenticated by the seal shall be prima facie evidence in all courts of this state. Acts 1975, No. 277, §§ 3, 5; A.S.A. 1947, §§ 72-1803, 72-1805; Acts 1993, No. 121, § 8.

(a) (1) The Board of Examiners in Speech-Language Pathology and Audiology shall meet during the first sixty (60) days of each fiscal year to select a chair and other officers for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year. (2) Further meetings may be convened at the call of the Chair of the Board of Examiners in Speech-Language Pathology and Audiology or the written request of any two (2) board members. (3) All meetings of the board shall be open to the public, except that the board may close sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure.

(1) The Board of Examiners in Speech-Language Pathology and Audiology shall meet during the first sixty (60) days of each fiscal year to select a chair and other officers for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year.

(2) Further meetings may be convened at the call of the Chair of the Board of Examiners in Speech-Language Pathology and Audiology or the written request of any two (2) board members.

(3) All meetings of the board shall be open to the public, except that the board may close sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure.

(b) Four (4) members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of four (4) board members which does not include both a speech-language pathologist and audiologist be considered a certain quorum.

(c) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board and records and acts signed by the chair or the Executive Secretary of the Board of Examiners in Speech-Language Pathology and Audiology and authenticated by the seal shall be prima facie evidence in all courts of this state.

Acts 1975, No. 277, §§ 3, 5; A.S.A. 1947, §§ 72-1803, 72-1805; Acts 1993, No. 121, § 8.
Ark. Code Ann. § 17-92-313 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-313
Revocation - Procedure
Status: in_force

(a) (1) Before revoking a certificate of licensure, license, registration, or permit, the Arkansas State Board of Pharmacy shall give the person ten (10) days' notice in writing to appear before the board, at the time and place as the board may direct, to show cause why his or her certificate should not be revoked. (2) The notice shall be signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee and shall set forth in clear and concise language the nature of the charge against the person. (3) Mailing a copy of the notice by registered mail, addressed to the person at his or her address appearing upon the records of the board concerning the issuance of his or her certificate or the last renewal thereof, shall be sufficient service of notice. (b) At the hearing: (1) The board shall have the power to subpoena witnesses; (2) The executive director or the executive director's designee shall sign subpoenas; (3) The President of the Arkansas State Board of Pharmacy shall have the power to administer oaths; and (4) The board shall hear evidence. (c) If the board finds after a hearing that the certificate of licensure, license, registration, or permit should be revoked, it shall be done immediately. Acts 1939, No. 120, § 2; A.S.A. 1947, § 72-1028; Acts 1999, No. 105, §§ 8, 9; 2011, No. 597, §§ 4, 5.

(a) (1) Before revoking a certificate of licensure, license, registration, or permit, the Arkansas State Board of Pharmacy shall give the person ten (10) days' notice in writing to appear before the board, at the time and place as the board may direct, to show cause why his or her certificate should not be revoked. (2) The notice shall be signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee and shall set forth in clear and concise language the nature of the charge against the person. (3) Mailing a copy of the notice by registered mail, addressed to the person at his or her address appearing upon the records of the board concerning the issuance of his or her certificate or the last renewal thereof, shall be sufficient service of notice.

(1) Before revoking a certificate of licensure, license, registration, or permit, the Arkansas State Board of Pharmacy shall give the person ten (10) days' notice in writing to appear before the board, at the time and place as the board may direct, to show cause why his or her certificate should not be revoked.

(2) The notice shall be signed by the Executive Director of the Arkansas State Board of Pharmacy or the executive director's designee and shall set forth in clear and concise language the nature of the charge against the person.

(3) Mailing a copy of the notice by registered mail, addressed to the person at his or her address appearing upon the records of the board concerning the issuance of his or her certificate or the last renewal thereof, shall be sufficient service of notice.

(b) At the hearing: (1) The board shall have the power to subpoena witnesses; (2) The executive director or the executive director's designee shall sign subpoenas; (3) The President of the Arkansas State Board of Pharmacy shall have the power to administer oaths; and (4) The board shall hear evidence.

(1) The board shall have the power to subpoena witnesses;

(2) The executive director or the executive director's designee shall sign subpoenas;

(3) The President of the Arkansas State Board of Pharmacy shall have the power to administer oaths; and

(4) The board shall hear evidence.

(c) If the board finds after a hearing that the certificate of licensure, license, registration, or permit should be revoked, it shall be done immediately.

Acts 1939, No. 120, § 2; A.S.A. 1947, § 72-1028; Acts 1999, No. 105, §§ 8, 9; 2011, No. 597, §§ 4, 5.
Ark. Code Ann. § 17-92-103 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-103
Pharmacy laws unaffected
Status: in_force

This section and § 17-92-101 , § 17-92-102 , § 17-92-105 , § 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) shall not be construed to repeal any portion of the pharmacy laws in force before June 12, 1929, unless they are in direct conflict with these sections. Acts 1929, No. 72, § 16; A.S.A. 1947, § 72-1035.

This section and § 17-92-101 , § 17-92-102 , § 17-92-105 , § 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) shall not be construed to repeal any portion of the pharmacy laws in force before June 12, 1929, unless they are in direct conflict with these sections.

Acts 1929, No. 72, § 16; A.S.A. 1947, § 72-1035.
Ark. Code Ann. § 17-80-206 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-206
Evaluations
Status: in_force

(a) If the Arkansas State Medical Board has reason to believe that a physician is impaired or if the Arkansas State Board of Dental Examiners has reason to believe that a dentist is impaired, either board may cause an evaluation of the physician or dentist to be conducted by the appropriate committee for the purpose of determining if there is an impairment. (b) The physicians' health committee or the dentists' health committee shall report the findings of its evaluation to its respective board. Acts 1993, No. 1220, § 6.

(a) If the Arkansas State Medical Board has reason to believe that a physician is impaired or if the Arkansas State Board of Dental Examiners has reason to believe that a dentist is impaired, either board may cause an evaluation of the physician or dentist to be conducted by the appropriate committee for the purpose of determining if there is an impairment.

(b) The physicians' health committee or the dentists' health committee shall report the findings of its evaluation to its respective board.

Acts 1993, No. 1220, § 6.
Ark. Code Ann. § 17-87-403 — AR Code / Title 17 / Chapter 87 / Subchapter 4 / Section 17-87-403
Nursing recruitment and admission
Status: in_force

Upon request, the Arkansas State Board of Nursing shall provide assistance to publicly supported institutions of higher education in implementing programs offered under § 6-60-212 . Acts 2005, No. 1256, § 2.

Upon request, the Arkansas State Board of Nursing shall provide assistance to publicly supported institutions of higher education in implementing programs offered under § 6-60-212 .

Acts 2005, No. 1256, § 2.
Ark. Code Ann. § 17-45-101 — AR Code / Title 17 / Chapter 45 / Section 17-45-101
Penalties
Status: in_force

Any person who engages in the business of cleaning septic tanks without having complied with the provisions of this chapter or who fails or refuses to comply with the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction that person shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned not more than thirty (30) days, or both. Acts 1973, No. 71, § 5; A.S.A. 1947, § 71-2505.

Any person who engages in the business of cleaning septic tanks without having complied with the provisions of this chapter or who fails or refuses to comply with the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction that person shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or imprisoned not more than thirty (30) days, or both.

Acts 1973, No. 71, § 5; A.S.A. 1947, § 71-2505.
Ark. Code Ann. § 17-82-607 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-607
Cessation of operation of a mobile dental facility - Notification requirements - Definition
Status: in_force

(a) An operator of a mobile dental facility shall notify the Arkansas State Board of Dental Examiners at least thirty (30) days before cessation of operation. (b) (1) The notification required under this section shall include without limitation: (A) The final day of operation of the mobile dental facility; and (B) A description of the manner and procedure by which patients may obtain their records or transfer the records to another dentist. (2) A copy of the notification shall be sent to all patients. (3) The operator shall take all necessary action to ensure that the patient records are available to the patient, a representative of the patient, or a subsequent treating dentist. (c) As used in this section, "patient" means an individual who has received treatment or consultation within two (2) years of the last date of operation of the mobile dental facility by the current operator. Acts 2009, No. 414, § 1.

(a) An operator of a mobile dental facility shall notify the Arkansas State Board of Dental Examiners at least thirty (30) days before cessation of operation.

(b) (1) The notification required under this section shall include without limitation: (A) The final day of operation of the mobile dental facility; and (B) A description of the manner and procedure by which patients may obtain their records or transfer the records to another dentist. (2) A copy of the notification shall be sent to all patients. (3) The operator shall take all necessary action to ensure that the patient records are available to the patient, a representative of the patient, or a subsequent treating dentist.

(1) The notification required under this section shall include without limitation: (A) The final day of operation of the mobile dental facility; and (B) A description of the manner and procedure by which patients may obtain their records or transfer the records to another dentist.

(A) The final day of operation of the mobile dental facility; and

(B) A description of the manner and procedure by which patients may obtain their records or transfer the records to another dentist.

(2) A copy of the notification shall be sent to all patients.

(3) The operator shall take all necessary action to ensure that the patient records are available to the patient, a representative of the patient, or a subsequent treating dentist.

(c) As used in this section, "patient" means an individual who has received treatment or consultation within two (2) years of the last date of operation of the mobile dental facility by the current operator.

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-92-311 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-311
Revocation, suspension, or nonrenewal - Grounds
Status: in_force

(a) The Arkansas State Board of Pharmacy may revoke or suspend an existing certificate of licensure, license, registration, or permit or may refuse to issue a certificate of licensure, license, registration, or permit if the holder or applicant, as the case may be, has committed or is found guilty by the board of any of the following acts or offenses set forth: (1) The person is guilty of fraud, deceit, or misrepresentation in the practice of pharmacy; (2) The person is unfit or incompetent to practice pharmacy by reason of negligent performance of his or her duties; (3) The person has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the United States Government for: (A) Any felony listed under § 17-3-102 ; (B) Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee; or (C) Any violation of the pharmacy or drug laws or rules of this state, or of the pharmacy or drug statutes, rules, and regulations of any other state or of the United States Government; (4) The person has become physically or mentally incompetent to practice pharmacy to such an extent as to endanger the public; (5) The person has directly or indirectly aided or abetted the practice of pharmacy by a person not authorized to practice pharmacy by the board; (6) The person has been guilty of fraud or misrepresentation in obtaining a license to practice pharmacy in the State of Arkansas as a licensed pharmacist; (7) The person has been guilty of unprofessional or dishonorable conduct; (8) The person has willfully violated any of the provisions of the pharmacy laws of the State of Arkansas; (9) The person is addicted to the use of intoxicating liquors or drugs to such a degree as to render him or her unfit, in the opinion of the board, to manufacture, compound, sell, or dispense drugs or medicine; (10) The person knowingly adulterated or caused to be adulterated any drugs, chemical, or medical preparations and offered those preparations for sale; or (11) The person had his or her certificate of licensure, license, registration, or permit revoked, suspended, or had other disciplinary action taken, or had his or her application for a certificate of licensure, license, registration, or permit refused, revoked, or suspended, or had voluntarily or otherwise surrendered his or her certificate of licensure, license, registration, or permit after a disciplinary action was instituted by a duly authorized professional disciplinary agency of another state. (b) Nothing in this section should be construed as affecting the rights of any person to appeal any order of the board as now provided by the state pharmacy laws. Amended by Act 2019, No. 990,§ 90, eff. 7/24/2019. Amended by Act 2017, No. 477,§ 2, eff. 8/1/2017. Acts 1963, No. 245, §§ 1, 2; A.S.A. 1947, §§ 72-1040, 72-1041; Acts 1991, No. 740, § 12; 2011, No. 597, § 3.

(a) The Arkansas State Board of Pharmacy may revoke or suspend an existing certificate of licensure, license, registration, or permit or may refuse to issue a certificate of licensure, license, registration, or permit if the holder or applicant, as the case may be, has committed or is found guilty by the board of any of the following acts or offenses set forth: (1) The person is guilty of fraud, deceit, or misrepresentation in the practice of pharmacy; (2) The person is unfit or incompetent to practice pharmacy by reason of negligent performance of his or her duties; (3) The person has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the United States Government for: (A) Any felony listed under § 17-3-102 ; (B) Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee; or (C) Any violation of the pharmacy or drug laws or rules of this state, or of the pharmacy or drug statutes, rules, and regulations of any other state or of the United States Government; (4) The person has become physically or mentally incompetent to practice pharmacy to such an extent as to endanger the public; (5) The person has directly or indirectly aided or abetted the practice of pharmacy by a person not authorized to practice pharmacy by the board; (6) The person has been guilty of fraud or misrepresentation in obtaining a license to practice pharmacy in the State of Arkansas as a licensed pharmacist; (7) The person has been guilty of unprofessional or dishonorable conduct; (8) The person has willfully violated any of the provisions of the pharmacy laws of the State of Arkansas; (9) The person is addicted to the use of intoxicating liquors or drugs to such a degree as to render him or her unfit, in the opinion of the board, to manufacture, compound, sell, or dispense drugs or medicine; (10) The person knowingly adulterated or caused to be adulterated any drugs, chemical, or medical preparations and offered those preparations for sale; or (11) The person had his or her certificate of licensure, license, registration, or permit revoked, suspended, or had other disciplinary action taken, or had his or her application for a certificate of licensure, license, registration, or permit refused, revoked, or suspended, or had voluntarily or otherwise surrendered his or her certificate of licensure, license, registration, or permit after a disciplinary action was instituted by a duly authorized professional disciplinary agency of another state.

(1) The person is guilty of fraud, deceit, or misrepresentation in the practice of pharmacy;

(2) The person is unfit or incompetent to practice pharmacy by reason of negligent performance of his or her duties;

(3) The person has been found guilty or pleaded guilty or nolo contendere in a criminal proceeding, regardless of whether or not the adjudication of guilt or sentence is withheld by a court of this state, another state, or the United States Government for: (A) Any felony listed under § 17-3-102 ; (B) Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee; or (C) Any violation of the pharmacy or drug laws or rules of this state, or of the pharmacy or drug statutes, rules, and regulations of any other state or of the United States Government;

(A) Any felony listed under § 17-3-102 ;

(B) Any act involving gross immorality or which is related to the qualifications, functions, and duties of a licensee; or

(C) Any violation of the pharmacy or drug laws or rules of this state, or of the pharmacy or drug statutes, rules, and regulations of any other state or of the United States Government;

(4) The person has become physically or mentally incompetent to practice pharmacy to such an extent as to endanger the public;

(5) The person has directly or indirectly aided or abetted the practice of pharmacy by a person not authorized to practice pharmacy by the board;

(6) The person has been guilty of fraud or misrepresentation in obtaining a license to practice pharmacy in the State of Arkansas as a licensed pharmacist;

(7) The person has been guilty of unprofessional or dishonorable conduct;

(8) The person has willfully violated any of the provisions of the pharmacy laws of the State of Arkansas;

(9) The person is addicted to the use of intoxicating liquors or drugs to such a degree as to render him or her unfit, in the opinion of the board, to manufacture, compound, sell, or dispense drugs or medicine;

(10) The person knowingly adulterated or caused to be adulterated any drugs, chemical, or medical preparations and offered those preparations for sale; or

(11) The person had his or her certificate of licensure, license, registration, or permit revoked, suspended, or had other disciplinary action taken, or had his or her application for a certificate of licensure, license, registration, or permit refused, revoked, or suspended, or had voluntarily or otherwise surrendered his or her certificate of licensure, license, registration, or permit after a disciplinary action was instituted by a duly authorized professional disciplinary agency of another state.

(b) Nothing in this section should be construed as affecting the rights of any person to appeal any order of the board as now provided by the state pharmacy laws.

Amended by Act 2019, No. 990,§ 90, eff. 7/24/2019.

Amended by Act 2017, No. 477,§ 2, eff. 8/1/2017.

Acts 1963, No. 245, §§ 1, 2; A.S.A. 1947, §§ 72-1040, 72-1041; Acts 1991, No. 740, § 12; 2011, No. 597, § 3.
Ark. Code Ann. § 17-26-503 — AR Code / Title 17 / Chapter 26 / Subchapter 5 / Section 17-26-503
Definitions
Status: in_force

As used in this subchapter: (1) "Mechanical device" means clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders; and (2) (A) "Natural hair braiding" means a service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device that includes without limitation: (i) The use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories; (ii) The minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair; (iii) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos; and (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions. (B) Natural hair braiding does not include: (i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; (ii) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds; or (iii) Embellishing or beautifying hair by cutting or singeing except as needed in the braiding process. (C) Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious form of hairstyle. Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Mechanical device" means clips, combs, curlers, curling irons, hairpins, rollers, scissors, needles, thread, and hair binders; and

(2) (A) "Natural hair braiding" means a service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device that includes without limitation: (i) The use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories; (ii) The minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair; (iii) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos; and (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions. (B) Natural hair braiding does not include: (i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; (ii) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds; or (iii) Embellishing or beautifying hair by cutting or singeing except as needed in the braiding process. (C) Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious form of hairstyle.

(A) "Natural hair braiding" means a service of twisting, wrapping, weaving, extending, locking, or braiding hair by hand or with a mechanical device that includes without limitation: (i) The use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories; (ii) The minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair; (iii) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos; and (iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions.

(i) The use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories;

(ii) The minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair;

(iii) The use of topical agents such as conditioners, gels, moisturizers, oils, pomades, and shampoos; and

(iv) The making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions.

(B) Natural hair braiding does not include: (i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair; (ii) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds; or (iii) Embellishing or beautifying hair by cutting or singeing except as needed in the braiding process.

(i) The application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair;

(ii) The use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds; or

(iii) Embellishing or beautifying hair by cutting or singeing except as needed in the braiding process.

(C) Natural hair braiding is commonly known as "African-style hair braiding" but is not limited to any particular cultural, ethnic, racial, or religious form of hairstyle.

Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-19-204 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-204
Examination
Status: in_force

(a) In order to determine the competence of each applicant for a professional bail bondsman license, the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall require every individual to submit to, and to pass to the satisfaction of the board, a written examination to be prepared by the board and appropriate to the transaction of bail bond business. (b) Such an examination shall be held in a location and at such times as the board shall determine. (c) Every individual applying to take a written examination shall, at the time of applying therefor, pay to the board a nonrefundable examination fee of twenty-five dollars ($25.00). (d) If the application is approved, and if the nonrefundable examination fee is paid, an examination permit will be issued to the applicant. The permit will be valid for a period of ninety (90) days from the date of issuance. If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application, and shall pay another nonrefundable examination fee of twenty-five dollars ($25.00) before issuance of another examination permit to the applicant. (e) If the applicant appears for examination but fails to pass the examination, the applicant may apply for reexamination. The reexamination fee shall be a nonrefundable fee of fifteen dollars ($15.00). The board may require a waiting period of eight (8) weeks before reexamination of an applicant who twice failed to pass previous similar examinations. Acts 1989, No. 417, § 1; 1995, No. 827, § 4.

(a) In order to determine the competence of each applicant for a professional bail bondsman license, the Professional Bail Bond Company and Professional Bail Bondsman Licensing Board shall require every individual to submit to, and to pass to the satisfaction of the board, a written examination to be prepared by the board and appropriate to the transaction of bail bond business.

(b) Such an examination shall be held in a location and at such times as the board shall determine.

(c) Every individual applying to take a written examination shall, at the time of applying therefor, pay to the board a nonrefundable examination fee of twenty-five dollars ($25.00).

(d) If the application is approved, and if the nonrefundable examination fee is paid, an examination permit will be issued to the applicant. The permit will be valid for a period of ninety (90) days from the date of issuance. If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application, and shall pay another nonrefundable examination fee of twenty-five dollars ($25.00) before issuance of another examination permit to the applicant.

(e) If the applicant appears for examination but fails to pass the examination, the applicant may apply for reexamination. The reexamination fee shall be a nonrefundable fee of fifteen dollars ($15.00). The board may require a waiting period of eight (8) weeks before reexamination of an applicant who twice failed to pass previous similar examinations.

Acts 1989, No. 417, § 1; 1995, No. 827, § 4.
Ark. Code Ann. § 17-89-105 — AR Code / Title 17 / Chapter 89 / Subchapter 1 / Section 17-89-105
Penalties
Status: in_force

(a) Any person who violates any provision of this chapter or who, other than those persons specifically excluded from the provisions of this chapter, provides ophthalmic dispensing services to the public without a certificate of licensure or certificate of registration under this chapter or who engages in the business after his or her certificate of licensure or registration has been suspended or revoked shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (b) Each day of violation shall constitute a separate offense and be punishable as such. Acts 1981, No. 589, § 20; A.S.A. 1947, § 72-2120; Acts 2005, No. 1994, § 86.

(a) Any person who violates any provision of this chapter or who, other than those persons specifically excluded from the provisions of this chapter, provides ophthalmic dispensing services to the public without a certificate of licensure or certificate of registration under this chapter or who engages in the business after his or her certificate of licensure or registration has been suspended or revoked shall be guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(b) Each day of violation shall constitute a separate offense and be punishable as such.

Acts 1981, No. 589, § 20; A.S.A. 1947, § 72-2120; Acts 2005, No. 1994, § 86.
Ark. Code Ann. § 17-82-210 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-210
Annual reports
Status: in_force

(a) The Arkansas State Board of Dental Examiners at its regular annual meeting shall prepare a report of its receipts and disbursements and its transactions in general for the preceding year. (b) The report shall be filed with the Secretary of the Department of Health not later than September 1 of each year, and a copy thereof, certified by the President of the Arkansas State Board of Dental Examiners and the Secretary-treasurer of the Arkansas State Board of Dental Examiners, shall be filed at the same time with the Secretary-treasurer of the Arkansas State Dental Association. Amended by Act 2019, No. 910,§ 4874, eff. 7/1/2019. Acts 1955, No. 14, § 33; A.S.A. 1947, § 72-566.

(a) The Arkansas State Board of Dental Examiners at its regular annual meeting shall prepare a report of its receipts and disbursements and its transactions in general for the preceding year.

(b) The report shall be filed with the Secretary of the Department of Health not later than September 1 of each year, and a copy thereof, certified by the President of the Arkansas State Board of Dental Examiners and the Secretary-treasurer of the Arkansas State Board of Dental Examiners, shall be filed at the same time with the Secretary-treasurer of the Arkansas State Dental Association.

Amended by Act 2019, No. 910,§ 4874, eff. 7/1/2019.

Acts 1955, No. 14, § 33; A.S.A. 1947, § 72-566.
Ark. Code Ann. § 17-92-315 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-315
Alternative penalties
Status: in_force

(a) (1) Whenever the Arkansas State Board of Pharmacy has authority pursuant to applicable laws to suspend, revoke, or deny any permit, license, certificate, credential, or registration or otherwise impose penalties or sanctions on the holder thereof, the board shall have the power and authority to impose on the holder thereof any one (1) or more of the following sanctions: (A) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (B) Require completion of appropriate education programs or courses, or both; (C) Require successful completion of an appropriate licensing examination, jurisprudence examination, credentialing examination, or any combination of the three (3) examinations; (D) Place conditions or restrictions upon regulated activities of the holder of the license, permit, certificate, credential, or registration; and (E) Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public health and welfare. (2) The board is authorized to file suit in either the Pulaski County Circuit Court or the circuit court of any county in which the defendant resides or does business to collect any monetary penalty assessed pursuant to this chapter if such a penalty is not paid within the time prescribed by the board. (3) Upon imposition of a sanction, the board may order that the license, permit, certificate, credential, or registration be suspended until the holder thereof has complied in full with all applicable sanctions imposed pursuant to this section. (b) (1) (A) A monetary penalty imposed by the board shall not exceed one thousand dollars ($1,000) per violation. (B) The board may impose a monetary penalty on a license, permit, certificate, credential, or registration holder if the license, permit, certificate, credential, or registration has been revoked by the board for such a violation. (C) The board may collect out-of-pocket costs of an investigation incurred by the board to conduct a disciplinary hearing. (2) Each instance when a federal or state law or board rule is violated shall constitute a separate violation. (3) The power and authority of the board to impose sanctions authorized in this section are not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation. (c) Any person sanctioned by the board under this section may appeal any order of the board as now provided by the state pharmacy laws. (d) In addition to other sanctions authorized by this chapter, the board may also impose a civil penalty under this section against an unlicensed person or entity practicing or providing goods or services or offering to practice or provide any goods or services requiring licensure under this chapter. (e) The board may collect costs of inspections incurred by the board while inspecting a permitted facility that is out of state. Amended by Act 2017, No. 477,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 477,§ 3, eff. 8/1/2017. Acts 1979, No. 143, §§ 1, 2; 1983, No. 511, § 7; 1985, No. 616, § 1; A.S.A. 1947, §§ 72-1011.7a, 72-1011.7b; Acts 1991, No. 740, § 14; 1999, No. 105, § 10; 2009, No. 355, § 4.

(a) (1) Whenever the Arkansas State Board of Pharmacy has authority pursuant to applicable laws to suspend, revoke, or deny any permit, license, certificate, credential, or registration or otherwise impose penalties or sanctions on the holder thereof, the board shall have the power and authority to impose on the holder thereof any one (1) or more of the following sanctions: (A) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (B) Require completion of appropriate education programs or courses, or both; (C) Require successful completion of an appropriate licensing examination, jurisprudence examination, credentialing examination, or any combination of the three (3) examinations; (D) Place conditions or restrictions upon regulated activities of the holder of the license, permit, certificate, credential, or registration; and (E) Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public health and welfare. (2) The board is authorized to file suit in either the Pulaski County Circuit Court or the circuit court of any county in which the defendant resides or does business to collect any monetary penalty assessed pursuant to this chapter if such a penalty is not paid within the time prescribed by the board. (3) Upon imposition of a sanction, the board may order that the license, permit, certificate, credential, or registration be suspended until the holder thereof has complied in full with all applicable sanctions imposed pursuant to this section.

(1) Whenever the Arkansas State Board of Pharmacy has authority pursuant to applicable laws to suspend, revoke, or deny any permit, license, certificate, credential, or registration or otherwise impose penalties or sanctions on the holder thereof, the board shall have the power and authority to impose on the holder thereof any one (1) or more of the following sanctions: (A) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (B) Require completion of appropriate education programs or courses, or both; (C) Require successful completion of an appropriate licensing examination, jurisprudence examination, credentialing examination, or any combination of the three (3) examinations; (D) Place conditions or restrictions upon regulated activities of the holder of the license, permit, certificate, credential, or registration; and (E) Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public health and welfare.

(A) A monetary penalty not to exceed five hundred dollars ($500) for each violation;

(B) Require completion of appropriate education programs or courses, or both;

(C) Require successful completion of an appropriate licensing examination, jurisprudence examination, credentialing examination, or any combination of the three (3) examinations;

(D) Place conditions or restrictions upon regulated activities of the holder of the license, permit, certificate, credential, or registration; and

(E) Such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public health and welfare.

(2) The board is authorized to file suit in either the Pulaski County Circuit Court or the circuit court of any county in which the defendant resides or does business to collect any monetary penalty assessed pursuant to this chapter if such a penalty is not paid within the time prescribed by the board.

(3) Upon imposition of a sanction, the board may order that the license, permit, certificate, credential, or registration be suspended until the holder thereof has complied in full with all applicable sanctions imposed pursuant to this section.

(b) (1) (A) A monetary penalty imposed by the board shall not exceed one thousand dollars ($1,000) per violation. (B) The board may impose a monetary penalty on a license, permit, certificate, credential, or registration holder if the license, permit, certificate, credential, or registration has been revoked by the board for such a violation. (C) The board may collect out-of-pocket costs of an investigation incurred by the board to conduct a disciplinary hearing. (2) Each instance when a federal or state law or board rule is violated shall constitute a separate violation. (3) The power and authority of the board to impose sanctions authorized in this section are not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.

(1) (A) A monetary penalty imposed by the board shall not exceed one thousand dollars ($1,000) per violation. (B) The board may impose a monetary penalty on a license, permit, certificate, credential, or registration holder if the license, permit, certificate, credential, or registration has been revoked by the board for such a violation. (C) The board may collect out-of-pocket costs of an investigation incurred by the board to conduct a disciplinary hearing.

(A) A monetary penalty imposed by the board shall not exceed one thousand dollars ($1,000) per violation.

(B) The board may impose a monetary penalty on a license, permit, certificate, credential, or registration holder if the license, permit, certificate, credential, or registration has been revoked by the board for such a violation.

(C) The board may collect out-of-pocket costs of an investigation incurred by the board to conduct a disciplinary hearing.

(2) Each instance when a federal or state law or board rule is violated shall constitute a separate violation.

(3) The power and authority of the board to impose sanctions authorized in this section are not to be affected by any other civil or criminal proceeding concerning the same violation, nor shall the imposition of a penalty preclude the board from imposing other sanctions short of revocation.

(c) Any person sanctioned by the board under this section may appeal any order of the board as now provided by the state pharmacy laws.

(d) In addition to other sanctions authorized by this chapter, the board may also impose a civil penalty under this section against an unlicensed person or entity practicing or providing goods or services or offering to practice or provide any goods or services requiring licensure under this chapter.

(e) The board may collect costs of inspections incurred by the board while inspecting a permitted facility that is out of state.

Amended by Act 2017, No. 477,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 477,§ 3, eff. 8/1/2017.

Acts 1979, No. 143, §§ 1, 2; 1983, No. 511, § 7; 1985, No. 616, § 1; A.S.A. 1947, §§ 72-1011.7a, 72-1011.7b; Acts 1991, No. 740, § 14; 1999, No. 105, § 10; 2009, No. 355, § 4.
Ark. Code Ann. § 17-85-105 — AR Code / Title 17 / Chapter 85 / Section 17-85-105
Unlawful actions - Exception
Status: in_force

(a) It is unlawful for any person not licensed as a lay midwife by the State Board of Health, excluding licensed nurse midwives and physicians licensed by the State Medical Board, to: (1) Receive compensation for attending birth as a lay midwife; or (2) Indicate by any means that the person is licensed to practice lay midwifery in Arkansas. (b) This chapter shall not prohibit the attendance at birth of the mother's choice of family, friends, or other uncompensated labor support attendants. Acts 1987, No. 481, §§ 5, 6.

(a) It is unlawful for any person not licensed as a lay midwife by the State Board of Health, excluding licensed nurse midwives and physicians licensed by the State Medical Board, to: (1) Receive compensation for attending birth as a lay midwife; or (2) Indicate by any means that the person is licensed to practice lay midwifery in Arkansas.

(1) Receive compensation for attending birth as a lay midwife; or

(2) Indicate by any means that the person is licensed to practice lay midwifery in Arkansas.

(b) This chapter shall not prohibit the attendance at birth of the mother's choice of family, friends, or other uncompensated labor support attendants.

Acts 1987, No. 481, §§ 5, 6.
Ark. Code Ann. § 17-103-201 — AR Code / Title 17 / Chapter 103 / Subchapter 2 / Section 17-103-201
Creation - Members
Status: in_force

(a) There is created the Arkansas Social Work Licensing Board. (b) All members of the Arkansas Social Work Licensing Board shall be appointed by the Governor with the consent of the Senate for terms of three (3) years and shall be residents of the state and citizens of the United States. (c) The Arkansas Social Work Licensing Board shall have nine (9) members and shall be composed of the following: (1) (A) Three (3) members who are licensed certified social workers, two (2) members who are licensed master social workers, and one (1) member who is a licensed social worker. (B) (i) The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board. (ii) The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work; (2) (A) One (1) member who is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc. (B) The member appointed under subdivision (c)(2)(A) of this section shall be in good standing with the American Board of Psychiatry and Neurology, Inc.; (3) One (1) member who is a representative of the public at large; and (4) (A) One (1) member who is sixty (60) years of age or older, not actively engaged in or retired from professional social work, and shall represent the elderly. (B) The member appointed under subdivision (c)(4)(A) of this section shall be appointed from the state at large and shall be a full voting member. (C) The same member may not represent both the public at large and the elderly. (d) (1) A member of the Arkansas Social Work Licensing Board may be removed from office by the Governor for cause. (2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments. (3) A member shall not serve more than two (2) consecutive terms. (e) (1) A member of the Arkansas Social Work Licensing Board may receive expense reimbursement in accordance with § 25-16-902 . (2) All reimbursements for expenses authorized by this chapter shall be paid from the Social Work Licensing Fund. (3) Money shall not be paid from the General Revenue Fund Account for the administration of this chapter. (f) In addition to the expense reimbursement under subsection (e) of this section, each member of the Arkansas Social Work Licensing Board may receive a stipend in accordance with § 25-16-904 . Amended by Act 2023, No. 254,§ 1, eff. 3/9/2023. Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015. Acts 1999, No. 1122, § 1; 2009, No. 261, § 4.

(a) There is created the Arkansas Social Work Licensing Board.

(b) All members of the Arkansas Social Work Licensing Board shall be appointed by the Governor with the consent of the Senate for terms of three (3) years and shall be residents of the state and citizens of the United States.

(c) The Arkansas Social Work Licensing Board shall have nine (9) members and shall be composed of the following: (1) (A) Three (3) members who are licensed certified social workers, two (2) members who are licensed master social workers, and one (1) member who is a licensed social worker. (B) (i) The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board. (ii) The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work; (2) (A) One (1) member who is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc. (B) The member appointed under subdivision (c)(2)(A) of this section shall be in good standing with the American Board of Psychiatry and Neurology, Inc.; (3) One (1) member who is a representative of the public at large; and (4) (A) One (1) member who is sixty (60) years of age or older, not actively engaged in or retired from professional social work, and shall represent the elderly. (B) The member appointed under subdivision (c)(4)(A) of this section shall be appointed from the state at large and shall be a full voting member. (C) The same member may not represent both the public at large and the elderly.

(1) (A) Three (3) members who are licensed certified social workers, two (2) members who are licensed master social workers, and one (1) member who is a licensed social worker. (B) (i) The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board. (ii) The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work;

(A) Three (3) members who are licensed certified social workers, two (2) members who are licensed master social workers, and one (1) member who is a licensed social worker.

(B) (i) The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board. (ii) The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work;

(i) The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board.

(ii) The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work;

(2) (A) One (1) member who is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc. (B) The member appointed under subdivision (c)(2)(A) of this section shall be in good standing with the American Board of Psychiatry and Neurology, Inc.;

(A) One (1) member who is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.

(B) The member appointed under subdivision (c)(2)(A) of this section shall be in good standing with the American Board of Psychiatry and Neurology, Inc.;

(3) One (1) member who is a representative of the public at large; and

(4) (A) One (1) member who is sixty (60) years of age or older, not actively engaged in or retired from professional social work, and shall represent the elderly. (B) The member appointed under subdivision (c)(4)(A) of this section shall be appointed from the state at large and shall be a full voting member. (C) The same member may not represent both the public at large and the elderly.

(A) One (1) member who is sixty (60) years of age or older, not actively engaged in or retired from professional social work, and shall represent the elderly.

(B) The member appointed under subdivision (c)(4)(A) of this section shall be appointed from the state at large and shall be a full voting member.

(C) The same member may not represent both the public at large and the elderly.

(d) (1) A member of the Arkansas Social Work Licensing Board may be removed from office by the Governor for cause. (2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments. (3) A member shall not serve more than two (2) consecutive terms.

(1) A member of the Arkansas Social Work Licensing Board may be removed from office by the Governor for cause.

(2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments.

(3) A member shall not serve more than two (2) consecutive terms.

(e) (1) A member of the Arkansas Social Work Licensing Board may receive expense reimbursement in accordance with § 25-16-902 . (2) All reimbursements for expenses authorized by this chapter shall be paid from the Social Work Licensing Fund. (3) Money shall not be paid from the General Revenue Fund Account for the administration of this chapter.

(1) A member of the Arkansas Social Work Licensing Board may receive expense reimbursement in accordance with § 25-16-902 .

(2) All reimbursements for expenses authorized by this chapter shall be paid from the Social Work Licensing Fund.

(3) Money shall not be paid from the General Revenue Fund Account for the administration of this chapter.

(f) In addition to the expense reimbursement under subsection (e) of this section, each member of the Arkansas Social Work Licensing Board may receive a stipend in accordance with § 25-16-904 .

Amended by Act 2023, No. 254,§ 1, eff. 3/9/2023.

Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.

Acts 1999, No. 1122, § 1; 2009, No. 261, § 4.