Ark. Code Ann. § 17-99-307 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-307
Denial, suspension, or revocation - Grounds
Status: in_force

The Arkansas State Medical Board, after due notice and hearing, may revoke, suspend, or refuse to renew any license or permit or place on probation or otherwise reprimand a licensee or permit holder or deny a license to an applicant who: (1) Is habitually drunk or who is addicted to the use of narcotic drugs; (2) Is, in the judgment of the board, guilty of immoral or unprofessional conduct; (3) [Repealed.] (4) Is guilty, in the judgment of the board, of gross negligence in his or her practice as a respiratory care practitioner; (5) Has obtained or attempted to obtain registration by fraud or material misrepresentation; (6) Has treated or undertaken to treat ailments of human beings other than by respiratory care and as authorized by this chapter or who has undertaken to practice independently of the prescription and direction of a licensed physician; or (7) Has been found to have violated any provisions of this chapter or rules of the Arkansas State Respiratory Care Examining Committee or board. Amended by Act 2019, No. 315,§ 1647, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 116, eff. 7/24/2019. Acts 1969, No. 168, § 13; A.S.A. 1947, § 72-1613; Acts 1987, No. 952, § 11; 1995, No. 1094, § 9.

The Arkansas State Medical Board, after due notice and hearing, may revoke, suspend, or refuse to renew any license or permit or place on probation or otherwise reprimand a licensee or permit holder or deny a license to an applicant who:

(1) Is habitually drunk or who is addicted to the use of narcotic drugs;

(2) Is, in the judgment of the board, guilty of immoral or unprofessional conduct;

(3) [Repealed.]

(4) Is guilty, in the judgment of the board, of gross negligence in his or her practice as a respiratory care practitioner;

(5) Has obtained or attempted to obtain registration by fraud or material misrepresentation;

(6) Has treated or undertaken to treat ailments of human beings other than by respiratory care and as authorized by this chapter or who has undertaken to practice independently of the prescription and direction of a licensed physician; or

(7) Has been found to have violated any provisions of this chapter or rules of the Arkansas State Respiratory Care Examining Committee or board.

Amended by Act 2019, No. 315,§ 1647, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 116, eff. 7/24/2019.

Acts 1969, No. 168, § 13; A.S.A. 1947, § 72-1613; Acts 1987, No. 952, § 11; 1995, No. 1094, § 9.
Ark. Code Ann. § 17-81-313 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-313
Disciplinary proceedings - Revocation or suspension
Status: in_force

(a) The Arkansas State Board of Chiropractic Examiners shall have sole authority over licensed chiropractors to levy a civil penalty of not more than five thousand dollars ($5,000) nor less than one thousand dollars ($1,000) for each violation, to deny, place under probation, suspend, or revoke any license to practice chiropractic issued by the board or applied for in accordance with the provisions of this chapter, or otherwise to discipline a licensee upon proof that the person: (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice chiropractic; (2) Is guilty of crime or gross immorality; (3) Is unfit or incompetent by reason of negligence, habits, or other causes; (4) Is habitually intemperate or is addicted to the use of habit-forming drugs; (5) Is mentally incompetent; (6) Is guilty of unprofessional conduct; (7) Is guilty of fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or (8) Has willfully or repeatedly violated any of the provisions of this chapter. (b) Proceedings under this section shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1971, No. 706, § 27; A.S.A. 1947, § 72-441; Acts 1987, No. 354, § 10; 1993, No. 392, § 7; 1999, No. 1553, § 15.

(a) The Arkansas State Board of Chiropractic Examiners shall have sole authority over licensed chiropractors to levy a civil penalty of not more than five thousand dollars ($5,000) nor less than one thousand dollars ($1,000) for each violation, to deny, place under probation, suspend, or revoke any license to practice chiropractic issued by the board or applied for in accordance with the provisions of this chapter, or otherwise to discipline a licensee upon proof that the person: (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice chiropractic; (2) Is guilty of crime or gross immorality; (3) Is unfit or incompetent by reason of negligence, habits, or other causes; (4) Is habitually intemperate or is addicted to the use of habit-forming drugs; (5) Is mentally incompetent; (6) Is guilty of unprofessional conduct; (7) Is guilty of fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or (8) Has willfully or repeatedly violated any of the provisions of this chapter.

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice chiropractic;

(2) Is guilty of crime or gross immorality;

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

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

(5) Is mentally incompetent;

(6) Is guilty of unprofessional conduct;

(7) Is guilty of fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or

(8) Has willfully or repeatedly violated any of the provisions of this chapter.

(b) Proceedings under this section shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1971, No. 706, § 27; A.S.A. 1947, § 72-441; Acts 1987, No. 354, § 10; 1993, No. 392, § 7; 1999, No. 1553, § 15.
Ark. Code Ann. § 17-87-603 — AR Code / Title 17 / Chapter 87 / Subchapter 6 / Section 17-87-603
Definition
Status: in_force

As used in this subchapter, the term "head of the state licensing board" means the Director of the Arkansas State Board of Nursing. Amended by Act 2019, No. 386,§ 39, eff. 7/24/2019. Acts 1999, No. 220, § 3.

As used in this subchapter, the term "head of the state licensing board" means the Director of the Arkansas State Board of Nursing.

Amended by Act 2019, No. 386,§ 39, eff. 7/24/2019.

Acts 1999, No. 220, § 3.
Ark. Code Ann. § 17-51-103 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-103
Powers and duties of the board
Status: in_force

(a) The State Board of Health shall have the authority to: (1) Adopt rules in accordance with this chapter as may be necessary for the administration and enforcement of this chapter; (2) Set fees to cover the cost of the administration of this chapter; (3) Revoke a water system operator's license for cause; and (4) Establish minimum educational standards for all applicants for licensure. (b) All rules promulgated pursuant to this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof. Amended by Act 2019, No. 315,§ 1493, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1492, eff. 7/24/2019. Acts 1957, No. 333, §§ 3, 4; A.S.A. 1947, §§ 71-1703, 71-1704; Acts 1991, No. 1001, §§ 1, 2; 1997, No. 179, § 12.

(a) The State Board of Health shall have the authority to: (1) Adopt rules in accordance with this chapter as may be necessary for the administration and enforcement of this chapter; (2) Set fees to cover the cost of the administration of this chapter; (3) Revoke a water system operator's license for cause; and (4) Establish minimum educational standards for all applicants for licensure.

(1) Adopt rules in accordance with this chapter as may be necessary for the administration and enforcement of this chapter;

(2) Set fees to cover the cost of the administration of this chapter;

(3) Revoke a water system operator's license for cause; and

(4) Establish minimum educational standards for all applicants for licensure.

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

Amended by Act 2019, No. 315,§ 1493, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1492, eff. 7/24/2019.

Acts 1957, No. 333, §§ 3, 4; A.S.A. 1947, §§ 71-1703, 71-1704; Acts 1991, No. 1001, §§ 1, 2; 1997, No. 179, § 12.
Ark. Code Ann. § 17-39-211 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-211
Denial, suspension, revocation - Grounds
Status: in_force

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a polygraph examiner license or an intern polygraph examiner license on any one (1) or more of the following grounds: (1) Failure of a licensee before conducting a polygraph examination to inform a subject to be examined of the nature of the polygraph examination; (2) Failure of a licensee before conducting a polygraph examination to inform a subject to be examined that the subject's participation in the polygraph examination is voluntary; (3) Failure of a licensee to inform the subject of the polygraph examination of the results of the polygraph examination, if so requested; (4) Violation of law or the rules of the director or failure to meet the qualifications for licensure under this subchapter and subchapter 1 by an applicant or a licensee; (5) Material misstatement in any application for license under this subchapter and subchapter 1; (6) Failure by an applicant or licensee to demonstrate the ability to act as a polygraph examiner or an intern polygraph examiner; (7) Allowance by a licensee of another person to use the license or the licensee photo identification card or the intern photo identification card issued under this subchapter and subchapter 1; (8) An applicant's or a licensee's knowingly aiding or abetting another person in the violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1; (9) Failure by an applicant or licensee to provide within a reasonable time information requested by the director that would indicate a violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1; or (10) Arrest or indictment of an applicant or a licensee for a felony, Class A misdemeanor, crime involving an act of violence, crime involving moral turpitude, including a sealed and expunged offense, or an offense of comparable level if the offense occurred in another state. Amended by Act 2019, No. 910,§ 5943, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 21, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 20, eff. 8/16/2013. Acts 1967, No. 413, § 18; A.S.A. 1947, § 71-2217.

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a polygraph examiner license or an intern polygraph examiner license on any one (1) or more of the following grounds:

(1) Failure of a licensee before conducting a polygraph examination to inform a subject to be examined of the nature of the polygraph examination;

(2) Failure of a licensee before conducting a polygraph examination to inform a subject to be examined that the subject's participation in the polygraph examination is voluntary;

(3) Failure of a licensee to inform the subject of the polygraph examination of the results of the polygraph examination, if so requested;

(4) Violation of law or the rules of the director or failure to meet the qualifications for licensure under this subchapter and subchapter 1 by an applicant or a licensee;

(5) Material misstatement in any application for license under this subchapter and subchapter 1;

(6) Failure by an applicant or licensee to demonstrate the ability to act as a polygraph examiner or an intern polygraph examiner;

(7) Allowance by a licensee of another person to use the license or the licensee photo identification card or the intern photo identification card issued under this subchapter and subchapter 1;

(8) An applicant's or a licensee's knowingly aiding or abetting another person in the violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1;

(9) Failure by an applicant or licensee to provide within a reasonable time information requested by the director that would indicate a violation of this subchapter or subchapter 1 or a rule issued under this subchapter and subchapter 1; or

(10) Arrest or indictment of an applicant or a licensee for a felony, Class A misdemeanor, crime involving an act of violence, crime involving moral turpitude, including a sealed and expunged offense, or an offense of comparable level if the offense occurred in another state.

Amended by Act 2019, No. 910,§ 5943, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 21, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 20, eff. 8/16/2013.

Acts 1967, No. 413, § 18; A.S.A. 1947, § 71-2217.
Ark. Code Ann. § 17-27-307 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-307
Renewal
Status: in_force

(a) (1) Biannually at the time of renewal, counselors and licensed marriage and family therapists licensed under this chapter shall be required to submit a license renewal fee to be established by the Arkansas Board of Examiners in Counseling. (2) (A) Failure to pay the biannual renewal fee within the time stated shall automatically suspend the right of any licensee to practice while delinquent. (B) The lapsed license may be renewed within a period of one (1) year after payment of all fees in arrears. (b) No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous twenty-four (24) months of relevant professional or continued educational experience. (c) [Repealed.] Amended by Act 2023, No. 78,§ 3, eff. 8/1/2023. Acts 1979, No. 593, § 12; A.S.A. 1947, § 71-5212; Acts 1997, No. 244, § 4.

(a) (1) Biannually at the time of renewal, counselors and licensed marriage and family therapists licensed under this chapter shall be required to submit a license renewal fee to be established by the Arkansas Board of Examiners in Counseling. (2) (A) Failure to pay the biannual renewal fee within the time stated shall automatically suspend the right of any licensee to practice while delinquent. (B) The lapsed license may be renewed within a period of one (1) year after payment of all fees in arrears.

(1) Biannually at the time of renewal, counselors and licensed marriage and family therapists licensed under this chapter shall be required to submit a license renewal fee to be established by the Arkansas Board of Examiners in Counseling.

(2) (A) Failure to pay the biannual renewal fee within the time stated shall automatically suspend the right of any licensee to practice while delinquent. (B) The lapsed license may be renewed within a period of one (1) year after payment of all fees in arrears.

(A) Failure to pay the biannual renewal fee within the time stated shall automatically suspend the right of any licensee to practice while delinquent.

(B) The lapsed license may be renewed within a period of one (1) year after payment of all fees in arrears.

(b) No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous twenty-four (24) months of relevant professional or continued educational experience.

(c) [Repealed.]

Amended by Act 2023, No. 78,§ 3, eff. 8/1/2023.

Acts 1979, No. 593, § 12; A.S.A. 1947, § 71-5212; Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-27-308 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-308
Reciprocity
Status: in_force

At its discretion, the Arkansas Board of Examiners in Counseling may waive formal examination requirements of a candidate who is licensed or certified to practice counseling or marriage and family therapy by a similar board in another state if, in the opinion of the Arkansas Board of Examiners in Counseling, the standards and qualifications required for the practice of counseling in the candidate's licensing state are at least equal to those required by this chapter. Amended by Act 2019, No. 370,§ 4, eff. 7/24/2019. Acts 1979, No. 593, § 13; A.S.A. 1947, § 71-5213; Acts 1997, No. 244, § 4.

At its discretion, the Arkansas Board of Examiners in Counseling may waive formal examination requirements of a candidate who is licensed or certified to practice counseling or marriage and family therapy by a similar board in another state if, in the opinion of the Arkansas Board of Examiners in Counseling, the standards and qualifications required for the practice of counseling in the candidate's licensing state are at least equal to those required by this chapter.

Amended by Act 2019, No. 370,§ 4, eff. 7/24/2019.

Acts 1979, No. 593, § 13; A.S.A. 1947, § 71-5213; Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-12-101 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-101
Title
Status: in_force

This chapter may be cited as the "Public Accountancy Act of 1975". Acts 1975, No. 160, § 1; A.S.A. 1947, § 71-611.

This chapter may be cited as the "Public Accountancy Act of 1975".

Acts 1975, No. 160, § 1; A.S.A. 1947, § 71-611.
Ark. Code Ann. § 17-100-102 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-102
Public policy
Status: in_force

It is declared to be a policy of the State of Arkansas that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech-language pathologists and audiologists; and to help to assure the availability of the highest possible quality speech-language pathology and audiology services to individuals with disabilities that are communicative in nature who reside in this state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public. Amended by Act 2023, No. 503,§ 3, eff. 8/1/2023. Acts 1975, No. 277, § 2; A.S.A. 1947, § 72-1802; Acts 1993, No. 121, § 2.

It is declared to be a policy of the State of Arkansas that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech-language pathologists and audiologists; and to help to assure the availability of the highest possible quality speech-language pathology and audiology services to individuals with disabilities that are communicative in nature who reside in this state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.

Amended by Act 2023, No. 503,§ 3, eff. 8/1/2023.

Acts 1975, No. 277, § 2; A.S.A. 1947, § 72-1802; Acts 1993, No. 121, § 2.
Ark. Code Ann. § 17-25-402 — AR Code / Title 17 / Chapter 25 / Subchapter 4 / Section 17-25-402
Expenses - Disposition of funds
Status: in_force

(a) All expenses incurred by the Contractors Licensing Board for the administration of this subchapter are authorized to be paid by the board. (b) (1) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro rata, based upon the amount of taxes, premiums, and contributions due to the Department of Finance and Administration, the Division of Workforce Services, the Workers' Compensation Commission, or any city, county, or school district, or any other state agency or other political subdivision of the state, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. (2) All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the board to defer the cost of enforcement. (c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law. Amended by Act 2019, No. 910,§ 468, eff. 7/1/2019. Acts 1989, No. 487, §§ 6, 9; 1991, No. 783, § 2.

(a) All expenses incurred by the Contractors Licensing Board for the administration of this subchapter are authorized to be paid by the board.

(b) (1) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro rata, based upon the amount of taxes, premiums, and contributions due to the Department of Finance and Administration, the Division of Workforce Services, the Workers' Compensation Commission, or any city, county, or school district, or any other state agency or other political subdivision of the state, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order. (2) All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the board to defer the cost of enforcement.

(1) All taxes, premiums, contributions, penalties, interest, and fines collected pursuant to this subchapter, except enforcement penalties, shall be distributed pro rata, based upon the amount of taxes, premiums, and contributions due to the Department of Finance and Administration, the Division of Workforce Services, the Workers' Compensation Commission, or any city, county, or school district, or any other state agency or other political subdivision of the state, first to the extent of any taxes, premiums, and contributions due with any remainder applied to interest, penalties, and fines, in that order.

(2) All enforcement penalties assessed to a contractor pursuant to the provisions of this subchapter shall be paid directly to the board to defer the cost of enforcement.

(c) The board may employ such additional professional and clerical employees as may be necessary and pay salaries thereto as authorized by law.

Amended by Act 2019, No. 910,§ 468, eff. 7/1/2019.

Acts 1989, No. 487, §§ 6, 9; 1991, No. 783, § 2.
Ark. Code Ann. § 17-29-202 — AR Code / Title 17 / Chapter 29 / Subchapter 2 / Section 17-29-202
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 5, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 3, eff. 7/22/2015. Acts 1983, No. 325, § 2; A.S.A. 1947, § 71-902; Acts 1999, No. 1138, § 1.

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

Amended by Act 2015, No. 1095,§ 3, eff. 7/22/2015.

Acts 1983, No. 325, § 2; A.S.A. 1947, § 71-902; Acts 1999, No. 1138, § 1.
Ark. Code Ann. § 17-35-603 — AR Code / Title 17 / Chapter 35 / Subchapter 6 / Section 17-35-603
Definitions
Status: in_force

As used in §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 : (1) "Board" means the State Board of Registered Residential Interior Designers; and (2) (A) "Registered residential interior designer" means a person registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 . (B) (i) The registered residential interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority. (ii) In general, a registered residential interior designer performs services including preparation of working drawings and documents relative to nonload-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment. (C) Except as provided herein, residential interior design services do not include services that constitute the practice of architecture as defined in the Arkansas Architectural Act, § 17-15-101 et seq., or the practice of engineering as defined in the Arkansas Engineering Act, § 17-30-101 et seq. Acts 1993, No. 959, § 3.

As used in §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 :

(1) "Board" means the State Board of Registered Residential Interior Designers; and

(2) (A) "Registered residential interior designer" means a person registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 . (B) (i) The registered residential interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority. (ii) In general, a registered residential interior designer performs services including preparation of working drawings and documents relative to nonload-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment. (C) Except as provided herein, residential interior design services do not include services that constitute the practice of architecture as defined in the Arkansas Architectural Act, § 17-15-101 et seq., or the practice of engineering as defined in the Arkansas Engineering Act, § 17-30-101 et seq.

(A) "Registered residential interior designer" means a person registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 .

(B) (i) The registered residential interior designer is a design professional who is qualified by education, experience, and examination as authorized by an authority. (ii) In general, a registered residential interior designer performs services including preparation of working drawings and documents relative to nonload-bearing interior construction, materials, finishes, space planning, furnishings, fixtures, and equipment.

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

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

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

Acts 1993, No. 959, § 3.
Ark. Code Ann. § 17-25-606 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-606
Name of roofing contractor holding roofing contractor registration certificate
Status: in_force

(a) A roofing contractor that obtains a roofing contractor registration certificate under this subchapter may act as a roofing contractor only in the name under which the Residential Contractors Committee granted the roofing contractor registration certificate. (b) A roofing contractor shall submit a written update to the committee if the information submitted with the application for a roofing contractor registration certificate under this subchapter changes. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

(a) A roofing contractor that obtains a roofing contractor registration certificate under this subchapter may act as a roofing contractor only in the name under which the Residential Contractors Committee granted the roofing contractor registration certificate.

(b) A roofing contractor shall submit a written update to the committee if the information submitted with the application for a roofing contractor registration certificate under this subchapter changes.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-12-309 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-309
Experience
Status: in_force

(a) An applicant for initial issuance of a certificate under this subchapter shall show that the applicant has had one (1) year of experience. (b) The experience shall include providing any type of service or advice involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting skills all of which were verified by a licensee, meeting requirements prescribed by the Arkansas State Board of Public Accountancy by rule. (c) The experience will be acceptable if it was gained through employment in government, industry, academia, or public practice. Acts 1975, No. 160, § 4; A.S.A. 1947, § 71-614; Acts 1991, No. 434, § 2; 1997, No. 242, § 8; 1999, No. 180, § 19; 2005, No. 54, § 10.

(a) An applicant for initial issuance of a certificate under this subchapter shall show that the applicant has had one (1) year of experience.

(b) The experience shall include providing any type of service or advice involving the use of accounting, attest, management advisory, financial advisory, tax, or consulting skills all of which were verified by a licensee, meeting requirements prescribed by the Arkansas State Board of Public Accountancy by rule.

(c) The experience will be acceptable if it was gained through employment in government, industry, academia, or public practice.

Acts 1975, No. 160, § 4; A.S.A. 1947, § 71-614; Acts 1991, No. 434, § 2; 1997, No. 242, § 8; 1999, No. 180, § 19; 2005, No. 54, § 10.
Ark. Code Ann. § 17-40-308 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-308
License or credential - Insurance prerequisite
Status: in_force

(a) A Class B, Class C, or Class G license shall not be issued to an applicant under this chapter unless the applicant files with the Director of the Division of Arkansas State Police proof of a policy of continuing public liability insurance in a sum not less than five hundred thousand dollars ($500,000), conditioned to compensate any person for damages, including, but not limited to, bodily injury caused by wrongful acts of the principal or its servants, officers, agents, and employees in the conduct of any business licensed by this chapter. (b) A Class B or Class C license shall not be issued to an armored car company unless the applicant files with the director proof of a valid and continuing policy of armored car cargo insurance protecting customers' valuables in a sum not less than five hundred thousand dollars ($500,000). (c) (1) All Class E licensees shall maintain in force at all times while licensed a public liability insurance policy, with minimum limits of liability of three hundred thousand dollars ($300,000). (2) All alarm systems companies that issue Underwriters Laboratories certificates for local mercantile, central station, or police connected alarms shall maintain in force at all times a public liability insurance policy in an amount of at least three hundred thousand dollars ($300,000). (3) Proof of public liability insurance shall be provided to the director at the time of application or renewal or upon request. (4) This section does not pertain to alarm systems companies that do not sell, install, or service alarm systems. Amended by Act 2019, No. 386,§ 21, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5977, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 62, eff. 9/1/2015. Acts 1977, No. 429, § 32; 1981, No. 792, § 15; 1983, No. 766, § 1; A.S.A. 1947, § 71-2153; Acts 1989, No. 926, §§ 7, 8; 1991, No. 57, § 1; 1999, No. 1493, § 7.

(a) A Class B, Class C, or Class G license shall not be issued to an applicant under this chapter unless the applicant files with the Director of the Division of Arkansas State Police proof of a policy of continuing public liability insurance in a sum not less than five hundred thousand dollars ($500,000), conditioned to compensate any person for damages, including, but not limited to, bodily injury caused by wrongful acts of the principal or its servants, officers, agents, and employees in the conduct of any business licensed by this chapter.

(b) A Class B or Class C license shall not be issued to an armored car company unless the applicant files with the director proof of a valid and continuing policy of armored car cargo insurance protecting customers' valuables in a sum not less than five hundred thousand dollars ($500,000).

(c) (1) All Class E licensees shall maintain in force at all times while licensed a public liability insurance policy, with minimum limits of liability of three hundred thousand dollars ($300,000). (2) All alarm systems companies that issue Underwriters Laboratories certificates for local mercantile, central station, or police connected alarms shall maintain in force at all times a public liability insurance policy in an amount of at least three hundred thousand dollars ($300,000). (3) Proof of public liability insurance shall be provided to the director at the time of application or renewal or upon request. (4) This section does not pertain to alarm systems companies that do not sell, install, or service alarm systems.

(1) All Class E licensees shall maintain in force at all times while licensed a public liability insurance policy, with minimum limits of liability of three hundred thousand dollars ($300,000).

(2) All alarm systems companies that issue Underwriters Laboratories certificates for local mercantile, central station, or police connected alarms shall maintain in force at all times a public liability insurance policy in an amount of at least three hundred thousand dollars ($300,000).

(3) Proof of public liability insurance shall be provided to the director at the time of application or renewal or upon request.

(4) This section does not pertain to alarm systems companies that do not sell, install, or service alarm systems.

Amended by Act 2019, No. 386,§ 21, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5977, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 62, eff. 9/1/2015.

Acts 1977, No. 429, § 32; 1981, No. 792, § 15; 1983, No. 766, § 1; A.S.A. 1947, § 71-2153; Acts 1989, No. 926, §§ 7, 8; 1991, No. 57, § 1; 1999, No. 1493, § 7.
Ark. Code Ann. § 17-14-205 — AR Code / Title 17 / Chapter 14 / Subchapter 2 / Section 17-14-205
Hearings - Review - Access to records
Status: in_force

(a) In fulfilling its duties under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., the State Board of Appraisers, Abstracters, and Home Inspectors shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court. (b) Disciplinary hearings conducted by the board for the purpose of determining whether to levy civil penalties under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed open public meetings but shall be executive sessions conducted as provided for in the Freedom of Information Act of 1967, § 25-19-101 et seq. (c) Sample appraisals and other work papers submitted to the board as partial fulfillment of the requirements for licensure or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2023, No. 628,§ 29, eff. 7/1/2023. Amended by Act 2019, No. 514,§ 8, eff. 7/24/2019. Acts 1991, No. 416, §§ 11, 12; 1991, No. 541, §§ 11, 12; 2009, No. 628, § 11.

(a) In fulfilling its duties under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., the State Board of Appraisers, Abstracters, and Home Inspectors shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court.

(b) Disciplinary hearings conducted by the board for the purpose of determining whether to levy civil penalties under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed open public meetings but shall be executive sessions conducted as provided for in the Freedom of Information Act of 1967, § 25-19-101 et seq.

(c) Sample appraisals and other work papers submitted to the board as partial fulfillment of the requirements for licensure or certification under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2023, No. 628,§ 29, eff. 7/1/2023.

Amended by Act 2019, No. 514,§ 8, eff. 7/24/2019.

Acts 1991, No. 416, §§ 11, 12; 1991, No. 541, §§ 11, 12; 2009, No. 628, § 11.
Ark. Code Ann. § 17-26-409 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-409
School supervisor
Status: in_force

Every school shall at all times be in charge of and under the supervision of a licensed cosmetologist manager-operator who has had at least a total of three (3) years of practical experience in the practice or teaching of all of the branches of cosmetology, except the branch of electrology, in a licensed cosmetological establishment or a licensed school of cosmetology and who holds an instructor's license. Acts 1955, No. 358, Art. 8, § 2; A.S.A. 1947, § 71-853; Acts 2007, No. 223, § 38.

Every school shall at all times be in charge of and under the supervision of a licensed cosmetologist manager-operator who has had at least a total of three (3) years of practical experience in the practice or teaching of all of the branches of cosmetology, except the branch of electrology, in a licensed cosmetological establishment or a licensed school of cosmetology and who holds an instructor's license.

Acts 1955, No. 358, Art. 8, § 2; A.S.A. 1947, § 71-853; Acts 2007, No. 223, § 38.
Ark. Code Ann. § 17-26-710 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-710
[Repealed]
Status: repealed

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-24-507 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-507
Unfair practices
Status: in_force

(a) A debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt. (b) Without limiting the general application of subsection (a) of this section, the following actions of a debt collector violate this section: (1) The collection of an amount, including interest, a fee, a charge, or an expense incidental to the principal obligation unless the amount is expressly authorized by the agreement creating the debt or permitted by law; (2) The acceptance by a debt collector from a person of a check or other payment instrument postdated by more than five (5) days unless the person is notified in writing of the debt collector's intent to deposit the check or instrument not more than ten (10) nor less than three (3) business days before the deposit; (3) The solicitation by a debt collector of a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution; (4) Depositing or threatening to deposit a postdated check or other postdated payment instrument before the date on the check or instrument; (5) Causing charges to be made to a person for communications by concealment of the true purpose of the communication, including without limitation charges for collect telephone calls and telegrams; (6) Taking or threatening to take a nonjudicial action to effect dispossession or disablement of property if: (A) No present right exists to possession of the property claimed as collateral through an enforceable security interest; (B) No present intention exists to take possession of the property; or (C) The property is exempt by law from the dispossession or disablement; (7) Communicating with a consumer regarding a debt by postcard; or (8) Using a language or symbol other than the debt collector's address on an envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his or her business name if the name does not indicate that he or she is in the debt collection business. Acts 2009, No. 1455, § 1.

(a) A debt collector may not use unfair or unconscionable means to collect or attempt to collect a debt.

(b) Without limiting the general application of subsection (a) of this section, the following actions of a debt collector violate this section: (1) The collection of an amount, including interest, a fee, a charge, or an expense incidental to the principal obligation unless the amount is expressly authorized by the agreement creating the debt or permitted by law; (2) The acceptance by a debt collector from a person of a check or other payment instrument postdated by more than five (5) days unless the person is notified in writing of the debt collector's intent to deposit the check or instrument not more than ten (10) nor less than three (3) business days before the deposit; (3) The solicitation by a debt collector of a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution; (4) Depositing or threatening to deposit a postdated check or other postdated payment instrument before the date on the check or instrument; (5) Causing charges to be made to a person for communications by concealment of the true purpose of the communication, including without limitation charges for collect telephone calls and telegrams; (6) Taking or threatening to take a nonjudicial action to effect dispossession or disablement of property if: (A) No present right exists to possession of the property claimed as collateral through an enforceable security interest; (B) No present intention exists to take possession of the property; or (C) The property is exempt by law from the dispossession or disablement; (7) Communicating with a consumer regarding a debt by postcard; or (8) Using a language or symbol other than the debt collector's address on an envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his or her business name if the name does not indicate that he or she is in the debt collection business.

(1) The collection of an amount, including interest, a fee, a charge, or an expense incidental to the principal obligation unless the amount is expressly authorized by the agreement creating the debt or permitted by law;

(2) The acceptance by a debt collector from a person of a check or other payment instrument postdated by more than five (5) days unless the person is notified in writing of the debt collector's intent to deposit the check or instrument not more than ten (10) nor less than three (3) business days before the deposit;

(3) The solicitation by a debt collector of a postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution;

(4) Depositing or threatening to deposit a postdated check or other postdated payment instrument before the date on the check or instrument;

(5) Causing charges to be made to a person for communications by concealment of the true purpose of the communication, including without limitation charges for collect telephone calls and telegrams;

(6) Taking or threatening to take a nonjudicial action to effect dispossession or disablement of property if: (A) No present right exists to possession of the property claimed as collateral through an enforceable security interest; (B) No present intention exists to take possession of the property; or (C) The property is exempt by law from the dispossession or disablement;

(A) No present right exists to possession of the property claimed as collateral through an enforceable security interest;

(B) No present intention exists to take possession of the property; or

(C) The property is exempt by law from the dispossession or disablement;

(7) Communicating with a consumer regarding a debt by postcard; or

(8) Using a language or symbol other than the debt collector's address on an envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his or her business name if the name does not indicate that he or she is in the debt collection business.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-42-402 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-402
Construction
Status: in_force

Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person. Acts 1993, No. 690, § 22.

Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person.

Acts 1993, No. 690, § 22.
Ark. Code Ann. § 17-102-205 — AR Code / Title 17 / Chapter 102 / Subchapter 2 / Section 17-102-205
Board minutes - Records
Status: in_force

(a) The Secretary of the Arkansas State Board of Acupuncture and Related Techniques shall keep a record of the minutes of its meetings and a record of all persons making application for license and the action of the Arkansas State Board of Acupuncture and Related Techniques thereon. (b) The secretary shall also keep a record of the names, addresses, and license numbers of all acupuncturists licensed by the board, together with a record of license renewals, suspensions, and revocations. Acts 1997, No. 816, § 11.

(a) The Secretary of the Arkansas State Board of Acupuncture and Related Techniques shall keep a record of the minutes of its meetings and a record of all persons making application for license and the action of the Arkansas State Board of Acupuncture and Related Techniques thereon.

(b) The secretary shall also keep a record of the names, addresses, and license numbers of all acupuncturists licensed by the board, together with a record of license renewals, suspensions, and revocations.

Acts 1997, No. 816, § 11.
Ark. Code Ann. § 17-95-413 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-413
Nonparticipation in maintenance of licensure or maintenance of certification - Definitions
Status: in_force

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine. (b) The Arkansas State Medical Board shall not require any form of specialty medical board recertification or any maintenance of certification to practice medicine in this state. Added by Act 2019, No. 804,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and

(2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(A) Specializes in one (1) particular area of medicine; and

(B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(b) The Arkansas State Medical Board shall not require any form of specialty medical board recertification or any maintenance of certification to practice medicine in this state.

Added by Act 2019, No. 804,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-107-102 — AR Code / Title 17 / Chapter 107 / Subchapter 1 / Section 17-107-102
Purpose
Status: in_force

Since the professions related to orthotics, prosthetics, and pedorthics significantly affect the lives of the people of this state, it is the purpose of this chapter to protect resources available to the Arkansas Medicaid Program and the public in general by setting standards of qualification, training, and experience for those who represent themselves to the public as orthotists, prosthetists, and pedorthists and by promoting high standards of professional performance for those engaged in the practice of orthotics, prosthetics, and pedorthics. Acts 2007, No. 174, § 1.

Since the professions related to orthotics, prosthetics, and pedorthics significantly affect the lives of the people of this state, it is the purpose of this chapter to protect resources available to the Arkansas Medicaid Program and the public in general by setting standards of qualification, training, and experience for those who represent themselves to the public as orthotists, prosthetists, and pedorthists and by promoting high standards of professional performance for those engaged in the practice of orthotics, prosthetics, and pedorthics.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-105-105 — AR Code / Title 17 / Chapter 105 / Section 17-105-105
Renewal
Status: in_force

Upon notification from the Arkansas State Medical Board, each person who holds a license as a physician assistant in this state shall renew the license by: (1) Submitting the appropriate fee as determined by the board; (2) Completing the appropriate forms; and (3) Meeting any other requirements set forth by the board. Acts 1999, No. 851, § 5.

Upon notification from the Arkansas State Medical Board, each person who holds a license as a physician assistant in this state shall renew the license by:

(1) Submitting the appropriate fee as determined by the board;

(2) Completing the appropriate forms; and

(3) Meeting any other requirements set forth by the board.

Acts 1999, No. 851, § 5.
Ark. Code Ann. § 17-42-201 — AR Code / Title 17 / Chapter 42 / Subchapter 2 / Section 17-42-201
Creation - Members
Status: in_force

(a) (1) The Arkansas Real Estate Commission shall consist of five (5) members, appointed by the Governor for terms of three (3) years, whose terms shall begin on January 1 and end on December 31 of the third year or when their respective successors are appointed and qualified. (2) (A) Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations. (B) The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy. (3) (A) Two (2) members shall not be actively engaged in or retired from the business of real estate. (B) One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large, subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations. (b) Each commissioner may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) Appointments made by the Governor under this section shall be subject to confirmation by the Senate. Amended by Act 2015, No. 1100,§ 27, eff. 7/22/2015. Acts 1993, No. 690, § 5; 1997, No. 250, § 147.

(a) (1) The Arkansas Real Estate Commission shall consist of five (5) members, appointed by the Governor for terms of three (3) years, whose terms shall begin on January 1 and end on December 31 of the third year or when their respective successors are appointed and qualified. (2) (A) Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations. (B) The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy. (3) (A) Two (2) members shall not be actively engaged in or retired from the business of real estate. (B) One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. (C) Both shall be appointed from the state at large, subject to confirmation by the Senate. (D) The two (2) positions may not be held by the same person. (E) Both shall be full voting members but shall not participate in the grading of examinations.

(1) The Arkansas Real Estate Commission shall consist of five (5) members, appointed by the Governor for terms of three (3) years, whose terms shall begin on January 1 and end on December 31 of the third year or when their respective successors are appointed and qualified.

(2) (A) Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations. (B) The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy.

(A) Three (3) members shall have been licensed real estate brokers or licensed real estate salespersons for not fewer than five (5) years before their nominations.

(B) The Governor shall consult the Arkansas Realtors Association before making an appointment to fill a vacancy.

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

(A) Two (2) members shall not be actively engaged in or retired from the business of real estate.

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

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

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

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

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

(c) Appointments made by the Governor under this section shall be subject to confirmation by the Senate.

Amended by Act 2015, No. 1100,§ 27, eff. 7/22/2015.

Acts 1993, No. 690, § 5; 1997, No. 250, § 147.
Ark. Code Ann. § 17-26-414 — AR Code / Title 17 / Chapter 26 / Subchapter 4 / Section 17-26-414
Special programs
Status: in_force

(a) Instruction shall not exceed ten (10) hours per day and six (6) days per week during the program. (b) When a student completes the required number of hours for a special program and reenrolls for a cosmetology program or when a student transfers from a special program to a cosmetology program before completion of the special program, he or she shall be given credit for the number of hours spent in connection with the special program, but not to exceed the maximum hours required thereof, toward the satisfaction of the time required for the cosmetology program as determined by rules of the Cosmetology Technical Advisory Committee. Amended by Act 2017, No. 973,§ 4, eff. 8/1/2017. Acts 1955, No. 358, Art. 8, § 10; A.S.A. 1947, § 71-861; Acts 2007, No. 223, § 42.

(a) Instruction shall not exceed ten (10) hours per day and six (6) days per week during the program.

(b) When a student completes the required number of hours for a special program and reenrolls for a cosmetology program or when a student transfers from a special program to a cosmetology program before completion of the special program, he or she shall be given credit for the number of hours spent in connection with the special program, but not to exceed the maximum hours required thereof, toward the satisfaction of the time required for the cosmetology program as determined by rules of the Cosmetology Technical Advisory Committee.

Amended by Act 2017, No. 973,§ 4, eff. 8/1/2017.

Acts 1955, No. 358, Art. 8, § 10; A.S.A. 1947, § 71-861; Acts 2007, No. 223, § 42.
Ark. Code Ann. § 17-80-120 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-120
Signature authority for advanced practice registered nurses and physician assistants
Status: in_force

(a) When a provision of law or rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the requirement may be fulfilled by an advanced practice registered nurse or a physician assistant in any of the following circumstances: (1) Certification of disability for patients to receive disabled parking permits or placards from the Office of Motor Vehicle; or (2) Signature for: (A) Sports physicals to authorize student athletes to participate in athletic activities; (B) Physicals for bus drivers; (C) Forms relating to do-not-resuscitate orders; (D) Forms excusing a potential jury member due to an illness; (E) Death certificates; (F) Workers' compensation forms; (G) Forms relating to absenteeism for employment or school purposes; or (H) Authorizations for durable medical equipment. (b) This section does not expand the scope of practice of an advanced practice registered nurse or physician assistant. Added by Act 2017, No. 372,§ 1, eff. 8/1/2017.

(a) When a provision of law or rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the requirement may be fulfilled by an advanced practice registered nurse or a physician assistant in any of the following circumstances: (1) Certification of disability for patients to receive disabled parking permits or placards from the Office of Motor Vehicle; or (2) Signature for: (A) Sports physicals to authorize student athletes to participate in athletic activities; (B) Physicals for bus drivers; (C) Forms relating to do-not-resuscitate orders; (D) Forms excusing a potential jury member due to an illness; (E) Death certificates; (F) Workers' compensation forms; (G) Forms relating to absenteeism for employment or school purposes; or (H) Authorizations for durable medical equipment.

(1) Certification of disability for patients to receive disabled parking permits or placards from the Office of Motor Vehicle; or

(2) Signature for: (A) Sports physicals to authorize student athletes to participate in athletic activities; (B) Physicals for bus drivers; (C) Forms relating to do-not-resuscitate orders; (D) Forms excusing a potential jury member due to an illness; (E) Death certificates; (F) Workers' compensation forms; (G) Forms relating to absenteeism for employment or school purposes; or (H) Authorizations for durable medical equipment.

(A) Sports physicals to authorize student athletes to participate in athletic activities;

(B) Physicals for bus drivers;

(C) Forms relating to do-not-resuscitate orders;

(D) Forms excusing a potential jury member due to an illness;

(E) Death certificates;

(F) Workers' compensation forms;

(G) Forms relating to absenteeism for employment or school purposes; or

(H) Authorizations for durable medical equipment.

(b) This section does not expand the scope of practice of an advanced practice registered nurse or physician assistant.

Added by Act 2017, No. 372,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-38-305 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-305
Fees
Status: in_force

By rule and after public hearings, the State Board of Health may set reasonable license or examination fees for all licenses called for under this chapter, including, but not limited to, master plumber licenses, journeyman plumber licenses, apprentice plumber registration, gas utility licenses, and restricted plumber licenses. Amended by Act 2019, No. 315,§ 1453, eff. 7/24/2019. Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8.

By rule and after public hearings, the State Board of Health may set reasonable license or examination fees for all licenses called for under this chapter, including, but not limited to, master plumber licenses, journeyman plumber licenses, apprentice plumber registration, gas utility licenses, and restricted plumber licenses.

Amended by Act 2019, No. 315,§ 1453, eff. 7/24/2019.

Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8.
Ark. Code Ann. § 17-27-305 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-305
Licensed associate marriage and family therapist - Qualifications
Status: in_force

(a) The Arkansas Board of Examiners in Counseling shall issue a license as a licensed associate marriage and family therapist to each applicant who meets the requirements of § 17-27-304 , with the exception of § 17-27-304(1)(B) . (b) The licensed associate marriage and family therapist may practice only under direct supervision of a licensed marriage and family therapist. (c) The plan for supervision of the licensed associate marriage and family therapist must be approved by the board before any actual performance of marriage and family therapy by the licensed associate marriage and family therapist. (d) Any licensed associate marriage and family therapist may petition the board for licensure review for licensed marriage and family therapist, provided the requirements of § 17-27-304(1)(B) have been met. Acts 1997, No. 244, § 4.

(a) The Arkansas Board of Examiners in Counseling shall issue a license as a licensed associate marriage and family therapist to each applicant who meets the requirements of § 17-27-304 , with the exception of § 17-27-304(1)(B) .

(b) The licensed associate marriage and family therapist may practice only under direct supervision of a licensed marriage and family therapist.

(c) The plan for supervision of the licensed associate marriage and family therapist must be approved by the board before any actual performance of marriage and family therapy by the licensed associate marriage and family therapist.

(d) Any licensed associate marriage and family therapist may petition the board for licensure review for licensed marriage and family therapist, provided the requirements of § 17-27-304(1)(B) have been met.

Acts 1997, No. 244, § 4.
Ark. Code Ann. § 17-37-218 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-218
Invalidation or nonrenewal proceedings
Status: in_force

(a) Invalidation or nonrenewal proceedings may be initiated against a license holder in the same manner and for the same reasons as against a licensed operator or qualified operator. (b) The proceedings may be jointly and severally against any or all licensed operators or qualified operators employed by the license holder. Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.

(a) Invalidation or nonrenewal proceedings may be initiated against a license holder in the same manner and for the same reasons as against a licensed operator or qualified operator.

(b) The proceedings may be jointly and severally against any or all licensed operators or qualified operators employed by the license holder.

Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.
Ark. Code Ann. § 17-87-201 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-201
Creation - Members
Status: in_force

(a) There is created the Arkansas State Board of Nursing, to be composed of thirteen (13) members to be appointed by the Governor for terms of four (4) years, subject to confirmation by the Senate. (b) (1) Five (5) members shall be registered nurses whose highest level of educational preparation shall be as follows: (A) One (1) nursing diploma graduate; (B) Two (2) associate degree graduates; and (C) Two (2) baccalaureate degree or postbaccalaureate degree graduates. (2) Each registered nurse member of the board shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a registered nurse in nursing practice, administration, or teaching; (C) Be licensed in Arkansas as a registered nurse; and (D) Have been employed as a registered nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas. (c) (1) Two (2) members shall be licensed advanced practice registered nurses. (2) Each licensed advanced practice registered nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of experience as an advanced practice registered nurse; (C) Be licensed in Arkansas as an advanced practice registered nurse; and (D) Have been actively engaged in nursing for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas. (3) One (1) member who is an advance practice registered nurse shall hold a certificate granting prescriptive authority. (d) (1) Three (3) members shall be licensed practical nurses or licensed psychiatric technician nurses. (2) Each licensed practical nurse board member or licensed psychiatric technician nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a practical nurse or psychiatric technician nurse or as a teacher in an educational program to prepare practitioners of nursing; (C) Be licensed in Arkansas as a licensed practical nurse or licensed psychiatric technician nurse; and (D) Have been employed as a licensed practical nurse or as a licensed psychiatric technician nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas. (e) One (1) member shall be an at-large licensed registered nurse or licensed practical nurse. (f) At least one (1) member who is a licensed registered nurse or advanced practice registered nurse also shall be a nursing program educator. (g) One (1) member shall be a lay person representing consumers of healthcare services. (h) (1) One (1) member shall be sixty (60) years of age or older and shall be the representative of the elderly. (2) This member shall be appointed from the state at large, subject to confirmation by the Senate, and shall be a full voting member. (i) The consumer representative and the representative of the elderly positions may not be filled by the same person. (j) A member shall not be appointed to more than two (2) consecutive terms. (k) Board members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (l) The terms of all registered nurse members and advanced practice registered nurse members shall be four (4) years. Amended by Act 2015, No. 997,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 604,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 7, eff. 8/16/2013. Acts 1971, No. 432, §§ 3, 4; 1977, No. 113, §§ 1-3; 1979, No. 404, §§ 2, 3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 189, § 1; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-747, 72-748; Acts 1995, No. 409, § 5; 1997, No. 250, § 159; 1999, No. 941, § 1; 2001, No. 149, §§ 1, 2; 2007, No. 205, § 1.

(a) There is created the Arkansas State Board of Nursing, to be composed of thirteen (13) members to be appointed by the Governor for terms of four (4) years, subject to confirmation by the Senate.

(b) (1) Five (5) members shall be registered nurses whose highest level of educational preparation shall be as follows: (A) One (1) nursing diploma graduate; (B) Two (2) associate degree graduates; and (C) Two (2) baccalaureate degree or postbaccalaureate degree graduates. (2) Each registered nurse member of the board shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a registered nurse in nursing practice, administration, or teaching; (C) Be licensed in Arkansas as a registered nurse; and (D) Have been employed as a registered nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(1) Five (5) members shall be registered nurses whose highest level of educational preparation shall be as follows: (A) One (1) nursing diploma graduate; (B) Two (2) associate degree graduates; and (C) Two (2) baccalaureate degree or postbaccalaureate degree graduates.

(A) One (1) nursing diploma graduate;

(B) Two (2) associate degree graduates; and

(C) Two (2) baccalaureate degree or postbaccalaureate degree graduates.

(2) Each registered nurse member of the board shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a registered nurse in nursing practice, administration, or teaching; (C) Be licensed in Arkansas as a registered nurse; and (D) Have been employed as a registered nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(A) Be an Arkansas resident;

(B) Have at least five (5) years of successful experience as a registered nurse in nursing practice, administration, or teaching;

(C) Be licensed in Arkansas as a registered nurse; and

(D) Have been employed as a registered nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(c) (1) Two (2) members shall be licensed advanced practice registered nurses. (2) Each licensed advanced practice registered nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of experience as an advanced practice registered nurse; (C) Be licensed in Arkansas as an advanced practice registered nurse; and (D) Have been actively engaged in nursing for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas. (3) One (1) member who is an advance practice registered nurse shall hold a certificate granting prescriptive authority.

(1) Two (2) members shall be licensed advanced practice registered nurses.

(2) Each licensed advanced practice registered nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of experience as an advanced practice registered nurse; (C) Be licensed in Arkansas as an advanced practice registered nurse; and (D) Have been actively engaged in nursing for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(A) Be an Arkansas resident;

(B) Have at least five (5) years of experience as an advanced practice registered nurse;

(C) Be licensed in Arkansas as an advanced practice registered nurse; and

(D) Have been actively engaged in nursing for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(3) One (1) member who is an advance practice registered nurse shall hold a certificate granting prescriptive authority.

(d) (1) Three (3) members shall be licensed practical nurses or licensed psychiatric technician nurses. (2) Each licensed practical nurse board member or licensed psychiatric technician nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a practical nurse or psychiatric technician nurse or as a teacher in an educational program to prepare practitioners of nursing; (C) Be licensed in Arkansas as a licensed practical nurse or licensed psychiatric technician nurse; and (D) Have been employed as a licensed practical nurse or as a licensed psychiatric technician nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(1) Three (3) members shall be licensed practical nurses or licensed psychiatric technician nurses.

(2) Each licensed practical nurse board member or licensed psychiatric technician nurse board member shall have the following qualifications: (A) Be an Arkansas resident; (B) Have at least five (5) years of successful experience as a practical nurse or psychiatric technician nurse or as a teacher in an educational program to prepare practitioners of nursing; (C) Be licensed in Arkansas as a licensed practical nurse or licensed psychiatric technician nurse; and (D) Have been employed as a licensed practical nurse or as a licensed psychiatric technician nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(A) Be an Arkansas resident;

(B) Have at least five (5) years of successful experience as a practical nurse or psychiatric technician nurse or as a teacher in an educational program to prepare practitioners of nursing;

(C) Be licensed in Arkansas as a licensed practical nurse or licensed psychiatric technician nurse; and

(D) Have been employed as a licensed practical nurse or as a licensed psychiatric technician nurse for at least three (3) years immediately preceding appointment, two (2) years of which shall have been in Arkansas.

(e) One (1) member shall be an at-large licensed registered nurse or licensed practical nurse.

(f) At least one (1) member who is a licensed registered nurse or advanced practice registered nurse also shall be a nursing program educator.

(g) One (1) member shall be a lay person representing consumers of healthcare services.

(h) (1) One (1) member shall be sixty (60) years of age or older and shall be the representative of the elderly. (2) This member shall be appointed from the state at large, subject to confirmation by the Senate, and shall be a full voting member.

(1) One (1) member shall be sixty (60) years of age or older and shall be the representative of the elderly.

(2) This member shall be appointed from the state at large, subject to confirmation by the Senate, and shall be a full voting member.

(i) The consumer representative and the representative of the elderly positions may not be filled by the same person.

(j) A member shall not be appointed to more than two (2) consecutive terms.

(k) Board members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(l) The terms of all registered nurse members and advanced practice registered nurse members shall be four (4) years.

Amended by Act 2015, No. 997,§ 1, eff. 7/22/2015.

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

Amended by Act 2013, No. 604,§ 7, eff. 8/16/2013.

Acts 1971, No. 432, §§ 3, 4; 1977, No. 113, §§ 1-3; 1979, No. 404, §§ 2, 3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 189, § 1; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-747, 72-748; Acts 1995, No. 409, § 5; 1997, No. 250, § 159; 1999, No. 941, § 1; 2001, No. 149, §§ 1, 2; 2007, No. 205, § 1.
Ark. Code Ann. § 17-37-206 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-206
License application
Status: in_force

(a) Any person desiring to obtain a license for pest control service work shall make application to the State Plant Board on forms provided by the board, giving complete information requested. (b) The applicant must prove to the satisfaction of the board that he or she is morally and financially responsible. (c) An applicant must show proof of at least one (1) year of experience in the classification for which a license is desired or have completed at least two (2) years of work in an accredited college or university, including the completion of at least one (1) basic course in entomology, to be eligible to take the examination in either of the following classifications: (1) Termite and other structural pests; or (2) Household pests and rodent control. (d) (1) To demonstrate the ability of the applicant to perform the classification of work for which a license is desired and to demonstrate his or her knowledge of the nature and effect of pesticides and how to apply them safely and properly, the board shall prescribe in advance an examination in writing to be taken by the applicant and to be given by a person designated by the board who is not interested financially or otherwise in pest control service work in Arkansas. (2) This representative shall examine the applicant by a written examination as prescribed, and the examination shall be graded by the examiner with the results being certified to the board for approval either as having passed or failed the examination as the case may be. (e) (1) The board is directed to give examinations on various classifications of pest control work on designated dates at least one (1) time each quarter. (2) If the applicant is found qualified in one (1) or more of the classifications, he or she may be licensed to do the classification of work for which he or she is found qualified upon the payment of the required fees. (f) By virtue of these qualifications, the applicant shall be eligible for certification under the Federal Insecticide, Fungicide, and Rodenticide Act or state law as a commercial applicator. (g) By rule, the board shall make provisions to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly. (h) Any licensee who fails to renew his or her license for a period of two (2) years shall be required to follow the same procedure as a new applicant in obtaining another license. Amended by Act 2019, No. 315,§ 1430, eff. 7/24/2019. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

(a) Any person desiring to obtain a license for pest control service work shall make application to the State Plant Board on forms provided by the board, giving complete information requested.

(b) The applicant must prove to the satisfaction of the board that he or she is morally and financially responsible.

(c) An applicant must show proof of at least one (1) year of experience in the classification for which a license is desired or have completed at least two (2) years of work in an accredited college or university, including the completion of at least one (1) basic course in entomology, to be eligible to take the examination in either of the following classifications: (1) Termite and other structural pests; or (2) Household pests and rodent control.

(1) Termite and other structural pests; or

(2) Household pests and rodent control.

(d) (1) To demonstrate the ability of the applicant to perform the classification of work for which a license is desired and to demonstrate his or her knowledge of the nature and effect of pesticides and how to apply them safely and properly, the board shall prescribe in advance an examination in writing to be taken by the applicant and to be given by a person designated by the board who is not interested financially or otherwise in pest control service work in Arkansas. (2) This representative shall examine the applicant by a written examination as prescribed, and the examination shall be graded by the examiner with the results being certified to the board for approval either as having passed or failed the examination as the case may be.

(1) To demonstrate the ability of the applicant to perform the classification of work for which a license is desired and to demonstrate his or her knowledge of the nature and effect of pesticides and how to apply them safely and properly, the board shall prescribe in advance an examination in writing to be taken by the applicant and to be given by a person designated by the board who is not interested financially or otherwise in pest control service work in Arkansas.

(2) This representative shall examine the applicant by a written examination as prescribed, and the examination shall be graded by the examiner with the results being certified to the board for approval either as having passed or failed the examination as the case may be.

(e) (1) The board is directed to give examinations on various classifications of pest control work on designated dates at least one (1) time each quarter. (2) If the applicant is found qualified in one (1) or more of the classifications, he or she may be licensed to do the classification of work for which he or she is found qualified upon the payment of the required fees.

(1) The board is directed to give examinations on various classifications of pest control work on designated dates at least one (1) time each quarter.

(2) If the applicant is found qualified in one (1) or more of the classifications, he or she may be licensed to do the classification of work for which he or she is found qualified upon the payment of the required fees.

(f) By virtue of these qualifications, the applicant shall be eligible for certification under the Federal Insecticide, Fungicide, and Rodenticide Act or state law as a commercial applicator.

(g) By rule, the board shall make provisions to ensure that applicators continue to meet the requirements of changing technology and to assure a continuing level of competence and ability to use pesticides safely and properly.

(h) Any licensee who fails to renew his or her license for a period of two (2) years shall be required to follow the same procedure as a new applicant in obtaining another license.

Amended by Act 2019, No. 315,§ 1430, eff. 7/24/2019.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-43-204 — AR Code / Title 17 / Chapter 43 / Subchapter 2 / Section 17-43-204
Disposition of funds - Report
Status: in_force

(a) All fees or payments of any type collected by the Arkansas State Board of Sanitarians under this chapter shall be kept in a separate fund. (b) The board shall make a report annually to the Secretary of the Department of Health, showing all receipts and disbursements of moneys and a summary of all business transacted during the year. (c) The expenses provided in this chapter shall be paid by the board from the fees collected by it. Amended by Act 2019, No. 910,§ 4862, eff. 7/1/2019. Acts 1957, No. 281, § 16; A.S.A. 1947, § 71-1616; Acts 1997, No. 250, § 149.

(a) All fees or payments of any type collected by the Arkansas State Board of Sanitarians under this chapter shall be kept in a separate fund.

(b) The board shall make a report annually to the Secretary of the Department of Health, showing all receipts and disbursements of moneys and a summary of all business transacted during the year.

(c) The expenses provided in this chapter shall be paid by the board from the fees collected by it.

Amended by Act 2019, No. 910,§ 4862, eff. 7/1/2019.

Acts 1957, No. 281, § 16; A.S.A. 1947, § 71-1616; Acts 1997, No. 250, § 149.
Ark. Code Ann. § 17-32-103 — AR Code / Title 17 / Chapter 32 / Subchapter 1 / Section 17-32-103
Penalty
Status: in_force

(a) Any person who violates this chapter or who does any of the following shall be guilty of a Class B misdemeanor: (1) Publicly practices or offers to publicly practice geology for others in this state without being registered in accordance with this chapter; (2) Presents or attempts to use as his or her own the certificate of registration or the seal of another; (3) Gives any false or forged evidence of any kind to the State Board of Registration for Professional Geologists or to any member of the board in obtaining a certificate of registration; (4) Falsely impersonates any other registrant of like or different name; or (5) Attempts to use an expired or revoked certificate of registration or attempts to practice at any time during a period when the board has suspended or revoked his or her certificate of registration. (b) Any person who violates any provision of this chapter or any rule promulgated under this chapter shall be assessed a civil penalty by the board not to exceed two thousand dollars ($2,000). (c) Each day of any violation of this chapter shall constitute a separate offense. Acts 1987, No. 470, § 27; 1987, No. 701, § 28; 2005, No. 676, § 2; 2005, No. 1994, § 398.

(a) Any person who violates this chapter or who does any of the following shall be guilty of a Class B misdemeanor: (1) Publicly practices or offers to publicly practice geology for others in this state without being registered in accordance with this chapter; (2) Presents or attempts to use as his or her own the certificate of registration or the seal of another; (3) Gives any false or forged evidence of any kind to the State Board of Registration for Professional Geologists or to any member of the board in obtaining a certificate of registration; (4) Falsely impersonates any other registrant of like or different name; or (5) Attempts to use an expired or revoked certificate of registration or attempts to practice at any time during a period when the board has suspended or revoked his or her certificate of registration.

(1) Publicly practices or offers to publicly practice geology for others in this state without being registered in accordance with this chapter;

(2) Presents or attempts to use as his or her own the certificate of registration or the seal of another;

(3) Gives any false or forged evidence of any kind to the State Board of Registration for Professional Geologists or to any member of the board in obtaining a certificate of registration;

(4) Falsely impersonates any other registrant of like or different name; or

(5) Attempts to use an expired or revoked certificate of registration or attempts to practice at any time during a period when the board has suspended or revoked his or her certificate of registration.

(b) Any person who violates any provision of this chapter or any rule promulgated under this chapter shall be assessed a civil penalty by the board not to exceed two thousand dollars ($2,000).

(c) Each day of any violation of this chapter shall constitute a separate offense.

Acts 1987, No. 470, § 27; 1987, No. 701, § 28; 2005, No. 676, § 2; 2005, No. 1994, § 398.
Ark. Code Ann. § 17-50-202 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 123, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 107, eff. 7/1/2019. Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005.

Repealed by Act 2023, No. 691,§ 123, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 107, eff. 7/1/2019.

Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005.
Ark. Code Ann. § 17-38-402 — AR Code / Title 17 / Chapter 38 / Subchapter 4 / Section 17-38-402
Powers of Career Education and Workforce Development Board
Status: in_force

The Career Education and Workforce Development Board shall have the following powers: (1) To ensure that all persons working as apprentice plumbers are properly registered; (2) To adopt rules as to the qualifications, training, and supervision of apprentice plumbers subject to the approval of the Department of Health; and (3) To adopt rules establishing the roles and duties of the following organizations or officials in the plumbing apprenticeship program in compliance with the Revised National Guidelines for Apprenticeship Standards for plumber training as approved and registered with the United States Office of Apprenticeship: (A) The Office of Skills Development; and (B) The State Plumbing Apprenticeship Committee. (4) [Repealed.] Amended by Act 2021, No. 647,§ 15, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1457, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 475, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 474, eff. 7/1/2019. Acts 1987, No. 768, § 2; 1991, No. 412, § 2.

The Career Education and Workforce Development Board shall have the following powers:

(1) To ensure that all persons working as apprentice plumbers are properly registered;

(2) To adopt rules as to the qualifications, training, and supervision of apprentice plumbers subject to the approval of the Department of Health; and

(3) To adopt rules establishing the roles and duties of the following organizations or officials in the plumbing apprenticeship program in compliance with the Revised National Guidelines for Apprenticeship Standards for plumber training as approved and registered with the United States Office of Apprenticeship: (A) The Office of Skills Development; and (B) The State Plumbing Apprenticeship Committee.

(A) The Office of Skills Development; and

(B) The State Plumbing Apprenticeship Committee.

(4) [Repealed.]

Amended by Act 2021, No. 647,§ 15, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1457, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 475, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 474, eff. 7/1/2019.

Acts 1987, No. 768, § 2; 1991, No. 412, § 2.
Ark. Code Ann. § 17-87-313 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-313
Licensing of noncitizens
Status: in_force

(a) The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements: (1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy; (2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and (3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services. (b) This section is a state law within the meaning of subsection (c) of 8 U.S.C. § 1621 , as it existed on January 1, 2019. (c) (1) The board shall promulgate rules under this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 837,§ 2, eff. 7/24/2019.

(a) The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements: (1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy; (2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and (3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services.

(1) The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy;

(2) The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and

(3) The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services.

(b) This section is a state law within the meaning of subsection (c) of 8 U.S.C. § 1621 , as it existed on January 1, 2019.

(c) (1) The board shall promulgate rules under this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) The board shall promulgate rules under this section.

(2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(i) On or before January 1, 2020; or

(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(B) The board shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 837,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 17-92-115 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-115
Requirements for administering and dispensing under statewide protocol
Status: in_force

(a) When initiating therapy and administering or dispensing, or both, under a statewide protocol, a pharmacist shall: (1) Notify the primary care provider of the patient of any drug or device furnished to the patient or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by the primary care provider; (2) Provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient's choice, if the patient does not have a primary care provider; and (3) (A) Make a standardized fact sheet available to the recipient of the drug or device. (B) The standardized fact sheet shall include without limitation: (i) The indications and contraindications for the use of the drug or device; (ii) The appropriate method for the use of the drug or device; (iii) The need for medical follow-up; and (iv) Other appropriate information. (b) (1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, oral contraceptives under a statewide protocol, a pharmacist shall: (A) Complete a training program related to oral contraceptives that has been approved by the Arkansas State Board of Pharmacy; (B) (i) Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months. (ii) If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall: (a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and (b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider. (iii) A pharmacist shall not provide the patient with a referral to a licensed abortion provider. (iv) The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state; (C) (i) Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration. (ii) The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record; (D) Report the following information to the Department of Health: (i) The number of women who receive oral contraceptives without a prescription; and (ii) The age of the women who receive oral contraceptives without a prescription; (E) Provide a standardized information sheet about the oral contraceptive dispensed to the patient; and (F) Write a summary of consultation to be maintained in the patient's medical record. (2) A pharmacist shall only initiate therapy and administer or dispense, or both, oral contraceptives under a statewide protocol to an individual who is eighteen (18) years of age or older. (c) (1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis, or both, under a statewide protocol, a pharmacist shall: (A) Within twelve (12) months of initiating therapy and administering or dispensing, or both, complete a training program approved by the board on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis, which shall include information about: (i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (ii) Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (B) Not permit a patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. (2) Under a statewide protocol, a pharmacist shall dispense at least a thirty-day supply and up to a sixty-day supply of HIV pre-exposure prophylaxis if: (A) (i) The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from: (a) An HIV antigen/antibody test; (b) An HIV antibody-only test; or (c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration. (ii) If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results. (iii) If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region. (iv) If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results; (B) The patient does not report: (i) Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and (ii) Usage of any contraindicated medication; (C) The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and (D) To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider. (3) Under a statewide protocol, a pharmacist shall dispense a course of HIV post-exposure prophylaxis if the pharmacist: (A) Screens the patient and determines that the exposure to HIV occurred within the previous seventy-two (72) hours and that the patient otherwise meets the clinical criteria for HIV post-exposure prophylaxis; (B) Provides HIV testing or determines that the patient is: (i) Willing to undergo HIV testing consistent with federal guidelines; or (ii) Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis; (C) Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and (D) To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider. Amended by Act 2023, No. 314,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 408,§ 2, eff. 7/28/2021. Added by Act 2017, No. 284,§ 4, eff. 8/1/2017.

(a) When initiating therapy and administering or dispensing, or both, under a statewide protocol, a pharmacist shall: (1) Notify the primary care provider of the patient of any drug or device furnished to the patient or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by the primary care provider; (2) Provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient's choice, if the patient does not have a primary care provider; and (3) (A) Make a standardized fact sheet available to the recipient of the drug or device. (B) The standardized fact sheet shall include without limitation: (i) The indications and contraindications for the use of the drug or device; (ii) The appropriate method for the use of the drug or device; (iii) The need for medical follow-up; and (iv) Other appropriate information.

(1) Notify the primary care provider of the patient of any drug or device furnished to the patient or enter the appropriate information in a patient record system shared with the primary care provider, as permitted by the primary care provider;

(2) Provide the patient with a written record of the drugs or devices furnished and advise the patient to consult a physician of the patient's choice, if the patient does not have a primary care provider; and

(3) (A) Make a standardized fact sheet available to the recipient of the drug or device. (B) The standardized fact sheet shall include without limitation: (i) The indications and contraindications for the use of the drug or device; (ii) The appropriate method for the use of the drug or device; (iii) The need for medical follow-up; and (iv) Other appropriate information.

(A) Make a standardized fact sheet available to the recipient of the drug or device.

(B) The standardized fact sheet shall include without limitation: (i) The indications and contraindications for the use of the drug or device; (ii) The appropriate method for the use of the drug or device; (iii) The need for medical follow-up; and (iv) Other appropriate information.

(i) The indications and contraindications for the use of the drug or device;

(ii) The appropriate method for the use of the drug or device;

(iii) The need for medical follow-up; and

(iv) Other appropriate information.

(b) (1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, oral contraceptives under a statewide protocol, a pharmacist shall: (A) Complete a training program related to oral contraceptives that has been approved by the Arkansas State Board of Pharmacy; (B) (i) Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months. (ii) If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall: (a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and (b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider. (iii) A pharmacist shall not provide the patient with a referral to a licensed abortion provider. (iv) The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state; (C) (i) Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration. (ii) The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record; (D) Report the following information to the Department of Health: (i) The number of women who receive oral contraceptives without a prescription; and (ii) The age of the women who receive oral contraceptives without a prescription; (E) Provide a standardized information sheet about the oral contraceptive dispensed to the patient; and (F) Write a summary of consultation to be maintained in the patient's medical record. (2) A pharmacist shall only initiate therapy and administer or dispense, or both, oral contraceptives under a statewide protocol to an individual who is eighteen (18) years of age or older.

(1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, oral contraceptives under a statewide protocol, a pharmacist shall: (A) Complete a training program related to oral contraceptives that has been approved by the Arkansas State Board of Pharmacy; (B) (i) Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months. (ii) If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall: (a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and (b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider. (iii) A pharmacist shall not provide the patient with a referral to a licensed abortion provider. (iv) The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state; (C) (i) Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration. (ii) The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record; (D) Report the following information to the Department of Health: (i) The number of women who receive oral contraceptives without a prescription; and (ii) The age of the women who receive oral contraceptives without a prescription; (E) Provide a standardized information sheet about the oral contraceptive dispensed to the patient; and (F) Write a summary of consultation to be maintained in the patient's medical record.

(A) Complete a training program related to oral contraceptives that has been approved by the Arkansas State Board of Pharmacy;

(B) (i) Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months. (ii) If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall: (a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and (b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider. (iii) A pharmacist shall not provide the patient with a referral to a licensed abortion provider. (iv) The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state;

(i) Screen a patient seeking oral contraceptives to assess whether the patient has been seen by a primary care provider or women's healthcare provider within the previous six (6) months.

(ii) If the patient has not been seen by a primary care provider or women's healthcare provider within the previous six (6) months, the pharmacist shall: (a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and (b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider.

(a) Provide the patient with a referral to a local primary care provider or women's healthcare provider; and

(b) Not dispense more than a six-month supply of oral contraceptives or the equivalent number of refills to the patient until the patient has been seen by a primary care provider or women's healthcare provider.

(iii) A pharmacist shall not provide the patient with a referral to a licensed abortion provider.

(iv) The board shall adopt screening assessment procedures and questionnaires to be used by pharmacists throughout the state;

(C) (i) Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration. (ii) The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record;

(i) Explain verbally to the patient the possible effects of an oral contraceptive, including without limitation the death of an unborn child and possible health complications or adverse reactions as printed by the United States Food and Drug Administration.

(ii) The patient and pharmacist shall sign an informed consent form that documents the explanation described in subdivision (b)(1)(C)(i) of this section and place the form in the patient's medical record;

(D) Report the following information to the Department of Health: (i) The number of women who receive oral contraceptives without a prescription; and (ii) The age of the women who receive oral contraceptives without a prescription;

(i) The number of women who receive oral contraceptives without a prescription; and

(ii) The age of the women who receive oral contraceptives without a prescription;

(E) Provide a standardized information sheet about the oral contraceptive dispensed to the patient; and

(F) Write a summary of consultation to be maintained in the patient's medical record.

(2) A pharmacist shall only initiate therapy and administer or dispense, or both, oral contraceptives under a statewide protocol to an individual who is eighteen (18) years of age or older.

(c) (1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis, or both, under a statewide protocol, a pharmacist shall: (A) Within twelve (12) months of initiating therapy and administering or dispensing, or both, complete a training program approved by the board on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis, which shall include information about: (i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (ii) Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (B) Not permit a patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. (2) Under a statewide protocol, a pharmacist shall dispense at least a thirty-day supply and up to a sixty-day supply of HIV pre-exposure prophylaxis if: (A) (i) The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from: (a) An HIV antigen/antibody test; (b) An HIV antibody-only test; or (c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration. (ii) If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results. (iii) If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region. (iv) If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results; (B) The patient does not report: (i) Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and (ii) Usage of any contraindicated medication; (C) The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and (D) To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider. (3) Under a statewide protocol, a pharmacist shall dispense a course of HIV post-exposure prophylaxis if the pharmacist: (A) Screens the patient and determines that the exposure to HIV occurred within the previous seventy-two (72) hours and that the patient otherwise meets the clinical criteria for HIV post-exposure prophylaxis; (B) Provides HIV testing or determines that the patient is: (i) Willing to undergo HIV testing consistent with federal guidelines; or (ii) Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis; (C) Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and (D) To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider.

(1) In addition to the requirements under subsection (a) of this section, when initiating therapy and administering or dispensing, or both, for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis, or both, under a statewide protocol, a pharmacist shall: (A) Within twelve (12) months of initiating therapy and administering or dispensing, or both, complete a training program approved by the board on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis, which shall include information about: (i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (ii) Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (B) Not permit a patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(A) Within twelve (12) months of initiating therapy and administering or dispensing, or both, complete a training program approved by the board on the use of HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis, which shall include information about: (i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and (ii) Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and

(i) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and

(ii) Relevant federal guidelines regarding HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis; and

(B) Not permit a patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(2) Under a statewide protocol, a pharmacist shall dispense at least a thirty-day supply and up to a sixty-day supply of HIV pre-exposure prophylaxis if: (A) (i) The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from: (a) An HIV antigen/antibody test; (b) An HIV antibody-only test; or (c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration. (ii) If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results. (iii) If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region. (iv) If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results; (B) The patient does not report: (i) Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and (ii) Usage of any contraindicated medication; (C) The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and (D) To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider.

(A) (i) The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from: (a) An HIV antigen/antibody test; (b) An HIV antibody-only test; or (c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration. (ii) If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results. (iii) If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region. (iv) If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results;

(i) The patient is HIV-negative as documented by a negative HIV test result obtained within the previous seven (7) days from: (a) An HIV antigen/antibody test; (b) An HIV antibody-only test; or (c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration.

(a) An HIV antigen/antibody test;

(b) An HIV antibody-only test; or

(c) A rapid, point-of-care fingerstick blood test approved by the United States Food and Drug Administration.

(ii) If the test results are not transmitted directly to the pharmacist, the pharmacist shall verify the test results.

(iii) If the patient tests positive for HIV infection, the pharmacist shall direct the patient to a primary care provider and provide a list of providers and clinics in the region.

(iv) If the patient does not provide evidence of a negative HIV test, the pharmacist shall test and administer an HIV test and interpret the test results;

(B) The patient does not report: (i) Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and (ii) Usage of any contraindicated medication;

(i) Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms; and

(ii) Usage of any contraindicated medication;

(C) The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and

(i) Side effects;

(ii) Safety during pregnancy and breastfeeding;

(iii) Adherence to recommended dosing;

(iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and

(v) The requirement that subsequent prescriptions for HIV pre-exposure prophylaxis be issued by a primary care provider; and

(D) To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary care provider.

(3) Under a statewide protocol, a pharmacist shall dispense a course of HIV post-exposure prophylaxis if the pharmacist: (A) Screens the patient and determines that the exposure to HIV occurred within the previous seventy-two (72) hours and that the patient otherwise meets the clinical criteria for HIV post-exposure prophylaxis; (B) Provides HIV testing or determines that the patient is: (i) Willing to undergo HIV testing consistent with federal guidelines; or (ii) Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis; (C) Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and (D) To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider.

(A) Screens the patient and determines that the exposure to HIV occurred within the previous seventy-two (72) hours and that the patient otherwise meets the clinical criteria for HIV post-exposure prophylaxis;

(B) Provides HIV testing or determines that the patient is: (i) Willing to undergo HIV testing consistent with federal guidelines; or (ii) Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis;

(i) Willing to undergo HIV testing consistent with federal guidelines; or

(ii) Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis;

(C) Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which shall include education about: (i) Side effects; (ii) Safety during pregnancy and breastfeeding; (iii) Adherence to recommended dosing; (iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and (v) The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and

(i) Side effects;

(ii) Safety during pregnancy and breastfeeding;

(iii) Adherence to recommended dosing;

(iv) The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually transmitted diseases, and pregnancy for individuals of childbearing capacity; and

(v) The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV; and

(D) To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary care provider.

Amended by Act 2023, No. 314,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 408,§ 2, eff. 7/28/2021.

Added by Act 2017, No. 284,§ 4, eff. 8/1/2017.
Ark. Code Ann. § 17-49-104 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-104
Exemptions
Status: in_force

(a) The provisions of this subchapter shall not apply to: (1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business; (2) Wholesale trade shows or conventions; (3) Sales of goods, wares, or merchandise by sample catalogue or brochure for future delivery; (4) Fairs and convention center activities conducted primarily for amusement or entertainment; (5) Any general sale, fair, auction, or bazaar sponsored by any church or religious organization; (6) Garage sales held on the premises devoted to residential use; (7) Sales of crafts or items made by hand and sold or offered for sale by the person making the crafts or handmade items; (8) Sales of agricultural products, except nursery products and foliage plants; (9) Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; or (10) School-sponsored bazaars and sales, concessions at school athletic and other events, and sales of paraphernalia used in the celebration of any nationally recognized holiday or used in connection with any public school, university, or college-related activities, flea markets, retail fireworks establishments, gun shows, sales by charitable organizations, sales of coins, and expositions sponsored by government entities or by nonprofit trade associations. (b) A transient merchant not otherwise exempted from the provisions of this subchapter shall not be relieved or exempted from the provisions of this subchapter by reason of associating himself or herself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor, or merchant. Acts 1983, No. 587, § 4; 1983 (1st Ex. Sess.), No. 113, § 1; A.S.A. 1947, § 71-5604.

(a) The provisions of this subchapter shall not apply to: (1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business; (2) Wholesale trade shows or conventions; (3) Sales of goods, wares, or merchandise by sample catalogue or brochure for future delivery; (4) Fairs and convention center activities conducted primarily for amusement or entertainment; (5) Any general sale, fair, auction, or bazaar sponsored by any church or religious organization; (6) Garage sales held on the premises devoted to residential use; (7) Sales of crafts or items made by hand and sold or offered for sale by the person making the crafts or handmade items; (8) Sales of agricultural products, except nursery products and foliage plants; (9) Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; or (10) School-sponsored bazaars and sales, concessions at school athletic and other events, and sales of paraphernalia used in the celebration of any nationally recognized holiday or used in connection with any public school, university, or college-related activities, flea markets, retail fireworks establishments, gun shows, sales by charitable organizations, sales of coins, and expositions sponsored by government entities or by nonprofit trade associations.

(1) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of business;

(2) Wholesale trade shows or conventions;

(3) Sales of goods, wares, or merchandise by sample catalogue or brochure for future delivery;

(4) Fairs and convention center activities conducted primarily for amusement or entertainment;

(5) Any general sale, fair, auction, or bazaar sponsored by any church or religious organization;

(6) Garage sales held on the premises devoted to residential use;

(7) Sales of crafts or items made by hand and sold or offered for sale by the person making the crafts or handmade items;

(8) Sales of agricultural products, except nursery products and foliage plants;

(9) Sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; or

(10) School-sponsored bazaars and sales, concessions at school athletic and other events, and sales of paraphernalia used in the celebration of any nationally recognized holiday or used in connection with any public school, university, or college-related activities, flea markets, retail fireworks establishments, gun shows, sales by charitable organizations, sales of coins, and expositions sponsored by government entities or by nonprofit trade associations.

(b) A transient merchant not otherwise exempted from the provisions of this subchapter shall not be relieved or exempted from the provisions of this subchapter by reason of associating himself or herself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or by conducting such temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader, contractor, or merchant.

Acts 1983, No. 587, § 4; 1983 (1st Ex. Sess.), No. 113, § 1; A.S.A. 1947, § 71-5604.
Ark. Code Ann. § 17-49-208 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-208
Application for license
Status: in_force

(a) An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department. (b) A separate application and license shall be required for each motor vehicle to be operated. (c) In addition to any other essential information required by the department, the application shall state the following: (1) The name and legal status of the applicant; (2) His or her business address; (3) If a natural person, his or her residence address; (4) If not a natural person, the names and business and residence addresses of the principal and managing officers, agents, or partners; (5) A general description of the business to be conducted and the area in this state in which it will be conducted; and (6) An exact description of the motor vehicle to be used, including the make, type, manufacturer's rated loading capacity, motor number, serial number, place where registered, and registration or license number. (d) The application shall be signed and sworn to by the applicant or his or her authorized agent if a natural person or, if not a natural person, by some agent, officer, or partner authorized to act for it. Acts 1941, No. 138, § 4; A.S.A. 1947, § 84-2404.

(a) An application for a license as an itinerant merchant shall be made to the Department of Finance and Administration through any of its authorized agents upon forms to be prepared by the department.

(b) A separate application and license shall be required for each motor vehicle to be operated.

(c) In addition to any other essential information required by the department, the application shall state the following: (1) The name and legal status of the applicant; (2) His or her business address; (3) If a natural person, his or her residence address; (4) If not a natural person, the names and business and residence addresses of the principal and managing officers, agents, or partners; (5) A general description of the business to be conducted and the area in this state in which it will be conducted; and (6) An exact description of the motor vehicle to be used, including the make, type, manufacturer's rated loading capacity, motor number, serial number, place where registered, and registration or license number.

(1) The name and legal status of the applicant;

(2) His or her business address;

(3) If a natural person, his or her residence address;

(4) If not a natural person, the names and business and residence addresses of the principal and managing officers, agents, or partners;

(5) A general description of the business to be conducted and the area in this state in which it will be conducted; and

(6) An exact description of the motor vehicle to be used, including the make, type, manufacturer's rated loading capacity, motor number, serial number, place where registered, and registration or license number.

(d) The application shall be signed and sworn to by the applicant or his or her authorized agent if a natural person or, if not a natural person, by some agent, officer, or partner authorized to act for it.

Acts 1941, No. 138, § 4; A.S.A. 1947, § 84-2404.
Ark. Code Ann. § 17-11-101 — AR Code / Title 17 / Chapter 11 / Subchapter 1 / Section 17-11-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Abstracters' Licensing Law of 1969". Acts 1969, No. 109, § 1; A.S.A. 1947, § 71-101.

This chapter shall be known and may be cited as the "Abstracters' Licensing Law of 1969".

Acts 1969, No. 109, § 1; A.S.A. 1947, § 71-101.
Ark. Code Ann. § 17-20-204 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-204
Personnel
Status: in_force

The State Board of Barber Examiners is authorized to employ such other personnel as it deems necessary, and as is approved by the Secretary of the Department of Labor and Licensing, to carry out the provisions of this chapter, within such limits as may be provided by biennial appropriation of the General Assembly. All employees shall work under the direct supervision of the Director of the State Board of Barber Examiners. Amended by Act 2019, No. 910,§ 5412, eff. 7/1/2019. Amended by Act 2017, No. 1060,§ 7, eff. 8/1/2017. Acts 1937, No. 313, § 19; Pope's Dig., § 12087; Acts 1947, No. 125, § 3; 1951, No. 127, § 8; 1957, No. 278, § 2; 1963, No. 102, § 1; 1967, No. 240, § 1; 1971, No. 126, § 1; 1975, No. 538, § 5; A.S.A. 1947, § 71-519.

The State Board of Barber Examiners is authorized to employ such other personnel as it deems necessary, and as is approved by the Secretary of the Department of Labor and Licensing, to carry out the provisions of this chapter, within such limits as may be provided by biennial appropriation of the General Assembly. All employees shall work under the direct supervision of the Director of the State Board of Barber Examiners.

Amended by Act 2019, No. 910,§ 5412, eff. 7/1/2019.

Amended by Act 2017, No. 1060,§ 7, eff. 8/1/2017.

Acts 1937, No. 313, § 19; Pope's Dig., § 12087; Acts 1947, No. 125, § 3; 1951, No. 127, § 8; 1957, No. 278, § 2; 1963, No. 102, § 1; 1967, No. 240, § 1; 1971, No. 126, § 1; 1975, No. 538, § 5; A.S.A. 1947, § 71-519.
Ark. Code Ann. § 17-22-203 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-203
Director of the State Athletic Commission
Status: in_force

(a) The State Athletic Commission in consultation with the Secretary of the Department of Labor and Licensing may employ a Director of the State Athletic Commission and fix the salary thereof at a sum not to exceed the maximum annual salary prescribed for such a position in the biennial appropriation for the Department of Labor and Licensing. (b) The director shall: (1) Keep in the office of the commission a full, complete, and up-to-date record of all the proceedings of the commission; (2) Keep an up-to-date account of all money received by him or her on behalf of the commission; and (3) Perform such other duties as shall be prescribed by the secretary. Amended by Act 2019, No. 910,§ 5415, eff. 7/1/2019. Acts 1927, No. 131, §§ 3, 5; Pope's Dig., §§ 12063, 12065; Acts 1985, No. 970, § 2; A.S.A. 1947, §§ 84-2904, 84-2906.

(a) The State Athletic Commission in consultation with the Secretary of the Department of Labor and Licensing may employ a Director of the State Athletic Commission and fix the salary thereof at a sum not to exceed the maximum annual salary prescribed for such a position in the biennial appropriation for the Department of Labor and Licensing.

(b) The director shall: (1) Keep in the office of the commission a full, complete, and up-to-date record of all the proceedings of the commission; (2) Keep an up-to-date account of all money received by him or her on behalf of the commission; and (3) Perform such other duties as shall be prescribed by the secretary.

(1) Keep in the office of the commission a full, complete, and up-to-date record of all the proceedings of the commission;

(2) Keep an up-to-date account of all money received by him or her on behalf of the commission; and

(3) Perform such other duties as shall be prescribed by the secretary.

Amended by Act 2019, No. 910,§ 5415, eff. 7/1/2019.

Acts 1927, No. 131, §§ 3, 5; Pope's Dig., §§ 12063, 12065; Acts 1985, No. 970, § 2; A.S.A. 1947, §§ 84-2904, 84-2906.
Ark. Code Ann. § 17-35-605 — AR Code / Title 17 / Chapter 35 / Subchapter 6 / Section 17-35-605
Penalties
Status: in_force

Effective January 1, 1994, it shall be a Class A misdemeanor for any person to: (1) Use the title of "registered residential interior designer", unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 ; (2) Present as his or her own the registration of another; (3) Give false or forged evidence to the State Board of Registered Residential Interior Designers or any member thereof in obtaining a registration; (4) Falsely impersonate any other practitioner of like or different name; (5) Use or attempt to use a registration that has been revoked; or (6) Otherwise violate any of the provisions of §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 . Acts 1993, No. 959, § 6.

Effective January 1, 1994, it shall be a Class A misdemeanor for any person to:

(1) Use the title of "registered residential interior designer", unless registered under §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 ;

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

(3) Give false or forged evidence to the State Board of Registered Residential Interior Designers or any member thereof in obtaining a registration;

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

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

(6) Otherwise violate any of the provisions of §§ 17-35-601 - 17-35-606 , 17-35-701 , 17-35-702 , and 17-35-801 - 17-35-803 .

Acts 1993, No. 959, § 6.
Ark. Code Ann. § 17-12-402 — AR Code / Title 17 / Chapter 12 / Subchapter 4 / Section 17-12-402
Professional partnerships, corporations, limited liability companies, and sole proprietorships of public accountants
Status: in_force

(a) A partnership engaged in this state in the practice of public accounting shall register with the Arkansas State Board of Public Accountancy as a partnership of public accountants, provided it meets the following requirements: (1) At least one (1) general partner shall be a certified public accountant or a public accountant of this state in good standing; and (2) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant or a public accountant of this state in good standing. (b) A corporation engaged in this state in the practice of public accounting shall register with the board as a corporation of public accountants, provided it meets the following requirements: (1) An officer or director of the corporation having authority over the practice of public accounting by the corporation shall be a certified public accountant or a public accountant of this state in good standing; (2) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant or a public accountant of this state in good standing; and (3) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe. (c) A limited liability company engaged in this state in the practice of public accounting shall register with the board as a limited liability company of public accountants, provided it meets the following requirements: (1) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company shall be a public accountant or certified public accountant of this state in good standing; (2) Each resident manager in charge of an office of the limited liability company shall be a certified public accountant or a public accountant of this state in good standing; and (3) The limited liability company shall be in compliance with other rules pertaining to the limited liability companies practicing public accounting in this state that the board may prescribe. (d) A public accountant operating as a sole proprietorship and engaged in this state in the practice of public accounting shall: (1) Register with the board as a sole proprietor; and (2) Comply with the requirements of § 17-12-403 . (e) Applications for registration shall be made upon the affidavit of a general partner, shareholder, or member who is licensed in this state as a certified public accountant or as a public accountant. (f) The board shall in each case determine whether the applicant is eligible for registration. (g) A firm that is so registered may use the words "public accountants" in connection with its firm. (h) Notification shall be given to the board within one (1) month after the admission to or withdrawal of a partner, shareholder, or member from any partnership, corporation, or limited liability company so registered. (i) A firm registered pursuant to this section may include nonlicensee owners, provided that: (1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to licensees of this state; (2) The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board; (3) All nonlicensee owners are active individual participants in the firm; and (4) The firm complies with such other requirements as the board may impose by rule. Amended by Act 2019, No. 315,§ 1338, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1337, eff. 7/24/2019. Acts 1975, No. 160, § 9; A.S.A. 1947, § 71-619; Acts 1997, No. 242, § 10; 1999, No. 180, § 24; 2009, No. 93, § 9.

(a) A partnership engaged in this state in the practice of public accounting shall register with the Arkansas State Board of Public Accountancy as a partnership of public accountants, provided it meets the following requirements: (1) At least one (1) general partner shall be a certified public accountant or a public accountant of this state in good standing; and (2) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant or a public accountant of this state in good standing.

(1) At least one (1) general partner shall be a certified public accountant or a public accountant of this state in good standing; and

(2) Each resident manager in charge of an office of the partnership in this state shall be a certified public accountant or a public accountant of this state in good standing.

(b) A corporation engaged in this state in the practice of public accounting shall register with the board as a corporation of public accountants, provided it meets the following requirements: (1) An officer or director of the corporation having authority over the practice of public accounting by the corporation shall be a certified public accountant or a public accountant of this state in good standing; (2) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant or a public accountant of this state in good standing; and (3) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe.

(1) An officer or director of the corporation having authority over the practice of public accounting by the corporation shall be a certified public accountant or a public accountant of this state in good standing;

(2) Each resident manager in charge of an office of the corporation in this state shall be a certified public accountant or a public accountant of this state in good standing; and

(3) The corporation shall be in compliance with other rules pertaining to corporations practicing public accounting in this state that the board may prescribe.

(c) A limited liability company engaged in this state in the practice of public accounting shall register with the board as a limited liability company of public accountants, provided it meets the following requirements: (1) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company shall be a public accountant or certified public accountant of this state in good standing; (2) Each resident manager in charge of an office of the limited liability company shall be a certified public accountant or a public accountant of this state in good standing; and (3) The limited liability company shall be in compliance with other rules pertaining to the limited liability companies practicing public accounting in this state that the board may prescribe.

(1) Any manager, member, officer, or director of the limited liability company having authority over the practice of public accounting by the limited liability company shall be a public accountant or certified public accountant of this state in good standing;

(2) Each resident manager in charge of an office of the limited liability company shall be a certified public accountant or a public accountant of this state in good standing; and

(3) The limited liability company shall be in compliance with other rules pertaining to the limited liability companies practicing public accounting in this state that the board may prescribe.

(d) A public accountant operating as a sole proprietorship and engaged in this state in the practice of public accounting shall: (1) Register with the board as a sole proprietor; and (2) Comply with the requirements of § 17-12-403 .

(1) Register with the board as a sole proprietor; and

(2) Comply with the requirements of § 17-12-403 .

(e) Applications for registration shall be made upon the affidavit of a general partner, shareholder, or member who is licensed in this state as a certified public accountant or as a public accountant.

(f) The board shall in each case determine whether the applicant is eligible for registration.

(g) A firm that is so registered may use the words "public accountants" in connection with its firm.

(h) Notification shall be given to the board within one (1) month after the admission to or withdrawal of a partner, shareholder, or member from any partnership, corporation, or limited liability company so registered.

(i) A firm registered pursuant to this section may include nonlicensee owners, provided that: (1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to licensees of this state; (2) The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board; (3) All nonlicensee owners are active individual participants in the firm; and (4) The firm complies with such other requirements as the board may impose by rule.

(1) A majority of the ownership of the firm in terms of financial interests and voting rights of all partners, officers, directors, shareholders, members, or managers belongs to licensees of this state;

(2) The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board;

(3) All nonlicensee owners are active individual participants in the firm; and

(4) The firm complies with such other requirements as the board may impose by rule.

Amended by Act 2019, No. 315,§ 1338, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1337, eff. 7/24/2019.

Acts 1975, No. 160, § 9; A.S.A. 1947, § 71-619; Acts 1997, No. 242, § 10; 1999, No. 180, § 24; 2009, No. 93, § 9.
Ark. Code Ann. § 17-21-102 — AR Code / Title 17 / Chapter 21 / Subchapter 1 / Section 17-21-102
Penalties
Status: in_force

Violation of this chapter shall constitute a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). Acts 1991, No. 101, § 6.

Violation of this chapter shall constitute a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).

Acts 1991, No. 101, § 6.
Ark. Code Ann. § 17-31-201 — AR Code / Title 17 / Chapter 31 / Subchapter 2 / Section 17-31-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 78, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 97, eff. 7/1/2019. Acts 1969, No. 535, §§ 4-6; 1971, No. 122, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 71-2404 -- 71-2406; Acts 1997, No. 250, § 139; 1999, No. 993, § 5; 2011, No. 177, § 1.

Repealed by Act 2023, No. 691,§ 78, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 97, eff. 7/1/2019.

Acts 1969, No. 535, §§ 4-6; 1971, No. 122, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 71-2404 -- 71-2406; Acts 1997, No. 250, § 139; 1999, No. 993, § 5; 2011, No. 177, § 1.
Ark. Code Ann. § 17-92-120 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-120
New prescription requests and new refill requests from prescriber
Status: in_force

(a) A pharmacy, pharmacist, employee of a pharmacy, or entity that owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager affiliate shall not request or solicit: (1) Refill requests for prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested; or (2) New prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested. (b) (1) When a physician or other licensed prescriber authorizes or provides new prescriptions or refill medications to a pharmacy that is not physically located in this state or to a pharmacy that utilizes common carriers to deliver medications through the mail for a new patient who has not previously received pharmacist services or prescriptions filled through that pharmacy, that pharmacy shall: (A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult; (B) Obtain express consent to provide pharmacist services before any prescription medication's being processed, filled, mailed, or delivered to a patient; and (C) Include communication to the patient about: (i) The address and physical city and state of the pharmacy; (ii) The name of the licensed pharmacist who will be providing services; (iii) The telephone number and website for the pharmacy; (iv) Expectations for time of delivery of prescription medications; and (v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer. (2) If the conditions within subdivision (b)(1) of this section are not met, then the pharmacy and pharmacist shall not fill, bill, dispense, or mail any prescription medications to the patient. (c) This section does not prohibit: (1) A physician licensed in this state or any other prescriber licensed in this state from issuing new prescriptions or prescription refills to any licensed pharmacy in this state or out of state that a patient wishes to use; or (2) A pharmacy licensed in this state or out of this state from requesting prescription transfers from another licensed pharmacy as directed by a patient. Added by Act 2021, No. 1053,§ 1, eff. 7/28/2021.

(a) A pharmacy, pharmacist, employee of a pharmacy, or entity that owns or controls, is owned or controlled by, or is under ownership or control with an insurance company, health clinic, rural health center, federally qualified health center, pharmacy benefits manager, pharmaceutical manufacturer, pharmaceutical wholesaler, or pharmacy benefits manager affiliate shall not request or solicit: (1) Refill requests for prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested; or (2) New prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested.

(1) Refill requests for prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested; or

(2) New prescription medications from a prescriber for a patient who has not previously filled prescriptions with the pharmacy without express written consent for each individual prescription requested.

(b) (1) When a physician or other licensed prescriber authorizes or provides new prescriptions or refill medications to a pharmacy that is not physically located in this state or to a pharmacy that utilizes common carriers to deliver medications through the mail for a new patient who has not previously received pharmacist services or prescriptions filled through that pharmacy, that pharmacy shall: (A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult; (B) Obtain express consent to provide pharmacist services before any prescription medication's being processed, filled, mailed, or delivered to a patient; and (C) Include communication to the patient about: (i) The address and physical city and state of the pharmacy; (ii) The name of the licensed pharmacist who will be providing services; (iii) The telephone number and website for the pharmacy; (iv) Expectations for time of delivery of prescription medications; and (v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer. (2) If the conditions within subdivision (b)(1) of this section are not met, then the pharmacy and pharmacist shall not fill, bill, dispense, or mail any prescription medications to the patient.

(1) When a physician or other licensed prescriber authorizes or provides new prescriptions or refill medications to a pharmacy that is not physically located in this state or to a pharmacy that utilizes common carriers to deliver medications through the mail for a new patient who has not previously received pharmacist services or prescriptions filled through that pharmacy, that pharmacy shall: (A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult; (B) Obtain express consent to provide pharmacist services before any prescription medication's being processed, filled, mailed, or delivered to a patient; and (C) Include communication to the patient about: (i) The address and physical city and state of the pharmacy; (ii) The name of the licensed pharmacist who will be providing services; (iii) The telephone number and website for the pharmacy; (iv) Expectations for time of delivery of prescription medications; and (v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer.

(A) Establish a professional relationship between a pharmacist and the patient by telephone or telemedicine consult;

(B) Obtain express consent to provide pharmacist services before any prescription medication's being processed, filled, mailed, or delivered to a patient; and

(C) Include communication to the patient about: (i) The address and physical city and state of the pharmacy; (ii) The name of the licensed pharmacist who will be providing services; (iii) The telephone number and website for the pharmacy; (iv) Expectations for time of delivery of prescription medications; and (v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer.

(i) The address and physical city and state of the pharmacy;

(ii) The name of the licensed pharmacist who will be providing services;

(iii) The telephone number and website for the pharmacy;

(iv) Expectations for time of delivery of prescription medications; and

(v) Disclosure of any conflicts of interest, including common ownership of the pharmacy by a healthcare insurer, pharmacy benefits manager, medical clinic, federal qualified health center, rural health center, hospital, pharmaceutical wholesaler, or pharmaceutical manufacturer.

(2) If the conditions within subdivision (b)(1) of this section are not met, then the pharmacy and pharmacist shall not fill, bill, dispense, or mail any prescription medications to the patient.

(c) This section does not prohibit: (1) A physician licensed in this state or any other prescriber licensed in this state from issuing new prescriptions or prescription refills to any licensed pharmacy in this state or out of state that a patient wishes to use; or (2) A pharmacy licensed in this state or out of this state from requesting prescription transfers from another licensed pharmacy as directed by a patient.

(1) A physician licensed in this state or any other prescriber licensed in this state from issuing new prescriptions or prescription refills to any licensed pharmacy in this state or out of state that a patient wishes to use; or

(2) A pharmacy licensed in this state or out of this state from requesting prescription transfers from another licensed pharmacy as directed by a patient.

Added by Act 2021, No. 1053,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 17-19-104 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-104
Exemption
Status: in_force

This chapter shall not affect the negotiation through a licensed broker or agent for, nor the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured. Acts 1989, No. 417, § 1.

This chapter shall not affect the negotiation through a licensed broker or agent for, nor the execution or delivery of, an undertaking of bail executed by an insurer for its insured under a policy of automobile insurance or of liability insurance upon the automobile of the insured.

Acts 1989, No. 417, § 1.
Ark. Code Ann. § 17-31-305 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-305
Issuance - Form - Evidence
Status: in_force

(a) The Arkansas Forestry Commission shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter to any applicant who, in the opinion of the commission, has satisfactorily met all of the requirements of this chapter. (b) The certificate shall show the full name of the registrant, shall have a serial number, and shall be signed by the State Forester and the Chair of the Arkansas Forestry Commission. (c) The issuance of a certificate of registration by the commission shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the certificate remains unrevoked or unexpired. Amended by Act 2023, No. 691,§ 89, eff. 7/1/2023. Acts 1969, No. 535, § 16; A.S.A. 1947, § 71-2416.

(a) The Arkansas Forestry Commission shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter to any applicant who, in the opinion of the commission, has satisfactorily met all of the requirements of this chapter.

(b) The certificate shall show the full name of the registrant, shall have a serial number, and shall be signed by the State Forester and the Chair of the Arkansas Forestry Commission.

(c) The issuance of a certificate of registration by the commission shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the certificate remains unrevoked or unexpired.

Amended by Act 2023, No. 691,§ 89, eff. 7/1/2023.

Acts 1969, No. 535, § 16; A.S.A. 1947, § 71-2416.
Ark. Code Ann. § 17-81-202 — AR Code / Title 17 / Chapter 81 / Subchapter 2 / Section 17-81-202
Members - Qualifications
Status: in_force

(a) Each member of the Arkansas State Board of Chiropractic Examiners shall be a citizen of the United States, a resident of this state, and shall, before entering upon the duties of the office, take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment. (b) Each professional member shall possess the following additional qualifications: (1) The member must be a graduate of a reputable school or college of chiropractic. However, no more than two (2) members of the board shall be graduates of the same school or college of chiropractic; and (2) The member must have been a regularly licensed and practicing chiropractor in Arkansas for a period of five (5) years next preceding the date of his or her appointment. Acts 1971, No. 706, § 5; 1979, No. 760, § 1; 1981, No. 51, § 1; A.S.A. 1947, § 72-419.

(a) Each member of the Arkansas State Board of Chiropractic Examiners shall be a citizen of the United States, a resident of this state, and shall, before entering upon the duties of the office, take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment.

(b) Each professional member shall possess the following additional qualifications: (1) The member must be a graduate of a reputable school or college of chiropractic. However, no more than two (2) members of the board shall be graduates of the same school or college of chiropractic; and (2) The member must have been a regularly licensed and practicing chiropractor in Arkansas for a period of five (5) years next preceding the date of his or her appointment.

(1) The member must be a graduate of a reputable school or college of chiropractic. However, no more than two (2) members of the board shall be graduates of the same school or college of chiropractic; and

(2) The member must have been a regularly licensed and practicing chiropractor in Arkansas for a period of five (5) years next preceding the date of his or her appointment.

Acts 1971, No. 706, § 5; 1979, No. 760, § 1; 1981, No. 51, § 1; A.S.A. 1947, § 72-419.
Ark. Code Ann. § 17-20-423 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-423
Sanitary rules
Status: in_force

Each barber college shall furnish each student upon enrollment a copy of the rules governing sanitary conditions of barber shops of this state as registered with the Secretary of State. Amended by Act 2019, No. 315,§ 1368, eff. 7/24/2019. Acts 1961, No. 109, § 12; A.S.A. 1947, § 71-534.

Each barber college shall furnish each student upon enrollment a copy of the rules governing sanitary conditions of barber shops of this state as registered with the Secretary of State.

Amended by Act 2019, No. 315,§ 1368, eff. 7/24/2019.

Acts 1961, No. 109, § 12; A.S.A. 1947, § 71-534.
Ark. Code Ann. § 17-102-306 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-306
Display of license
Status: in_force

A person licensed under this chapter shall post his or her license in a conspicuous location in his or her place of practice. Acts 1997, No. 816, § 19.

A person licensed under this chapter shall post his or her license in a conspicuous location in his or her place of practice.

Acts 1997, No. 816, § 19.
Ark. Code Ann. § 17-16-110 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-110
Required form of contract
Status: in_force

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract; (3) a description of any expenses that the student-athlete agrees to reimburse; (4) a description of the services to be provided to the student-athlete; (5) the duration of the contract; and (6) the date of execution. (c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. (d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution. Acts 2001, No. 1622, § 8.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.

(b) An agency contract must state or contain: (1) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract; (3) a description of any expenses that the student-athlete agrees to reimburse; (4) a description of the services to be provided to the student-athlete; (5) the duration of the contract; and (6) the date of execution.

(1) the amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

(2) the name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;

(3) a description of any expenses that the student-athlete agrees to reimburse;

(4) a description of the services to be provided to the student-athlete;

(5) the duration of the contract; and

(6) the date of execution.

(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

WARNING TO STUDENT-ATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.

Acts 2001, No. 1622, § 8.
Ark. Code Ann. § 17-83-305 — AR Code / Title 17 / Chapter 83 / Subchapter 3 / Section 17-83-305
Reciprocity
Status: in_force

Reciprocity shall be provided for licensed dietitians from other states, provided that the standards for licensing in that state are not less than those provided for in this chapter as determined by the Arkansas Dietetics Licensing Board. Acts 1989, No. 392, § 12.

Reciprocity shall be provided for licensed dietitians from other states, provided that the standards for licensing in that state are not less than those provided for in this chapter as determined by the Arkansas Dietetics Licensing Board.

Acts 1989, No. 392, § 12.
Ark. Code Ann. § 17-80-403 — AR Code / Title 17 / Chapter 80 / Subchapter 4 / Section 17-80-403
Establishment of professional relationship
Status: in_force

(a) (1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402 . (2) The existence of a professional relationship is not required in the following circumstances: (A) Emergency situations where the life or health of the patient is in danger or imminent danger; or (B) Simply providing information of a generic nature, not meant to be specific to an individual patient. (b) If the establishment of the professional relationship is permitted via telemedicine under § 17-80-402(4)(E) or § 17-80-402(4)(F) , telemedicine may be used to establish the professional relationship only for situations in which the standard of care does not require an in-person encounter. (c) "Professional relationship" does not include a relationship between a healthcare professional and a patient established only by the following: (1) An internet questionnaire; (2) An email message; (3) Patient-generated medical history; (4) Text messaging; (5) A facsimile machine; or (6) Any combination of means listed in subdivisions (c)(1)-(5) of this section. Amended by Act 2021, No. 829,§ 2, eff. 4/21/2021. Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.

(a) (1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402 . (2) The existence of a professional relationship is not required in the following circumstances: (A) Emergency situations where the life or health of the patient is in danger or imminent danger; or (B) Simply providing information of a generic nature, not meant to be specific to an individual patient.

(1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requirements of a professional relationship as defined in § 17-80-402 .

(2) The existence of a professional relationship is not required in the following circumstances: (A) Emergency situations where the life or health of the patient is in danger or imminent danger; or (B) Simply providing information of a generic nature, not meant to be specific to an individual patient.

(A) Emergency situations where the life or health of the patient is in danger or imminent danger; or

(B) Simply providing information of a generic nature, not meant to be specific to an individual patient.

(b) If the establishment of the professional relationship is permitted via telemedicine under § 17-80-402(4)(E) or § 17-80-402(4)(F) , telemedicine may be used to establish the professional relationship only for situations in which the standard of care does not require an in-person encounter.

(c) "Professional relationship" does not include a relationship between a healthcare professional and a patient established only by the following: (1) An internet questionnaire; (2) An email message; (3) Patient-generated medical history; (4) Text messaging; (5) A facsimile machine; or (6) Any combination of means listed in subdivisions (c)(1)-(5) of this section.

(1) An internet questionnaire;

(2) An email message;

(3) Patient-generated medical history;

(4) Text messaging;

(5) A facsimile machine; or

(6) Any combination of means listed in subdivisions (c)(1)-(5) of this section.

Amended by Act 2021, No. 829,§ 2, eff. 4/21/2021.

Added by Act 2017, No. 203,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 17-37-214 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-214
Nonresident licensee - Resident agent
Status: in_force

Every nonresident licensee shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this chapter or any liabilities arising from operation under this chapter. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

Every nonresident licensee shall designate a resident agent upon whom service of notice or process may be made to enforce the provisions of this chapter or any liabilities arising from operation under this chapter.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-95-1002 — AR Code / Title 17 / Chapter 95 / Subchapter 10 / Section 17-95-1002
Definitions
Status: in_force

As used in this subchapter: (1) "Surgical technologist" means an individual who performs the skills and techniques of surgical technology under the direction and supervision of a licensed practitioner other than in the course of practicing as a licensed healthcare professional; and (2) "Surgical technology" means surgical patient care that includes without limitation: (A) Preparing an operating room and a sterile field for surgical procedures by ensuring that surgical equipment is assembled and functioning properly and safely; (B) Preparing sterile supplies, instruments, and equipment using sterile technique; (C) Performing tasks in a sterile field, including: (i) Maintaining asepsis and a sterile operating field; (ii) Passing supplies, equipment, or instruments according to the needs of the surgical team; (iii) Sponging or suctioning an operative site; (iv) Preparing and cutting suture material; (v) Providing irrigation solutions to the supervising physician and irrigating an operative site; (vi) Providing drugs within the sterile field for administration by the supervising physician; (vii) Handling specimens; (viii) Holding retractors and other instruments; (ix) Applying electrocautery to clamps on blood vessels; (x) Connecting drains to a suction apparatus; (xi) Applying dressings to closed wounds; and (xii) Performing counts of supplies such as sponges, needles, and instruments with the registered nurse circulator; and (D) The practice of surgical technology is a separate and distinct healthcare profession that does not include the practice of surgical assisting as performed by physician assistants, surgical assistants, or first assistants. Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.

As used in this subchapter:

(1) "Surgical technologist" means an individual who performs the skills and techniques of surgical technology under the direction and supervision of a licensed practitioner other than in the course of practicing as a licensed healthcare professional; and

(2) "Surgical technology" means surgical patient care that includes without limitation: (A) Preparing an operating room and a sterile field for surgical procedures by ensuring that surgical equipment is assembled and functioning properly and safely; (B) Preparing sterile supplies, instruments, and equipment using sterile technique; (C) Performing tasks in a sterile field, including: (i) Maintaining asepsis and a sterile operating field; (ii) Passing supplies, equipment, or instruments according to the needs of the surgical team; (iii) Sponging or suctioning an operative site; (iv) Preparing and cutting suture material; (v) Providing irrigation solutions to the supervising physician and irrigating an operative site; (vi) Providing drugs within the sterile field for administration by the supervising physician; (vii) Handling specimens; (viii) Holding retractors and other instruments; (ix) Applying electrocautery to clamps on blood vessels; (x) Connecting drains to a suction apparatus; (xi) Applying dressings to closed wounds; and (xii) Performing counts of supplies such as sponges, needles, and instruments with the registered nurse circulator; and (D) The practice of surgical technology is a separate and distinct healthcare profession that does not include the practice of surgical assisting as performed by physician assistants, surgical assistants, or first assistants.

(A) Preparing an operating room and a sterile field for surgical procedures by ensuring that surgical equipment is assembled and functioning properly and safely;

(B) Preparing sterile supplies, instruments, and equipment using sterile technique;

(C) Performing tasks in a sterile field, including: (i) Maintaining asepsis and a sterile operating field; (ii) Passing supplies, equipment, or instruments according to the needs of the surgical team; (iii) Sponging or suctioning an operative site; (iv) Preparing and cutting suture material; (v) Providing irrigation solutions to the supervising physician and irrigating an operative site; (vi) Providing drugs within the sterile field for administration by the supervising physician; (vii) Handling specimens; (viii) Holding retractors and other instruments; (ix) Applying electrocautery to clamps on blood vessels; (x) Connecting drains to a suction apparatus; (xi) Applying dressings to closed wounds; and (xii) Performing counts of supplies such as sponges, needles, and instruments with the registered nurse circulator; and

(i) Maintaining asepsis and a sterile operating field;

(ii) Passing supplies, equipment, or instruments according to the needs of the surgical team;

(iii) Sponging or suctioning an operative site;

(iv) Preparing and cutting suture material;

(v) Providing irrigation solutions to the supervising physician and irrigating an operative site;

(vi) Providing drugs within the sterile field for administration by the supervising physician;

(vii) Handling specimens;

(viii) Holding retractors and other instruments;

(ix) Applying electrocautery to clamps on blood vessels;

(x) Connecting drains to a suction apparatus;

(xi) Applying dressings to closed wounds; and

(xii) Performing counts of supplies such as sponges, needles, and instruments with the registered nurse circulator; and

(D) The practice of surgical technology is a separate and distinct healthcare profession that does not include the practice of surgical assisting as performed by physician assistants, surgical assistants, or first assistants.

Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-27-202 — AR Code / Title 17 / Chapter 27 / Subchapter 2 / Section 17-27-202
Officers and proceedings
Status: in_force

(a) The Arkansas Board of Examiners in Counseling shall organize within thirty (30) days following the appointment of any new members by the Governor on January 2 of each year. (b) The board shall elect a chair and a secretary from its members to serve for terms of one (1) year. (c) The board shall hold at least one (1) meeting each year. Additional meetings may be held at the discretion of the Chair of the Arkansas Board of Examiners in Counseling or upon the written request of any three (3) members of the board. (d) Five (5) members of the board shall at all times constitute a quorum. (e) The board shall adopt a seal which must be affixed to all licenses issued by the board. Acts 1979, No. 593, § 6; A.S.A. 1947, § 71-5206.

(a) The Arkansas Board of Examiners in Counseling shall organize within thirty (30) days following the appointment of any new members by the Governor on January 2 of each year.

(b) The board shall elect a chair and a secretary from its members to serve for terms of one (1) year.

(c) The board shall hold at least one (1) meeting each year. Additional meetings may be held at the discretion of the Chair of the Arkansas Board of Examiners in Counseling or upon the written request of any three (3) members of the board.

(d) Five (5) members of the board shall at all times constitute a quorum.

(e) The board shall adopt a seal which must be affixed to all licenses issued by the board.

Acts 1979, No. 593, § 6; A.S.A. 1947, § 71-5206.
Ark. Code Ann. § 17-87-802 — AR Code / Title 17 / Chapter 87 / Subchapter 8 / Section 17-87-802
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Provide for the identification and treatment of individuals licensed or certified by the Arkansas State Board of Nursing who suffer from impairments; (2) Promote public health and safety; and (3) Ensure the continued availability of the skills of highly trained healthcare professionals for the benefit of the public. Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023. Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.

The purpose of this subchapter is to:

(1) Provide for the identification and treatment of individuals licensed or certified by the Arkansas State Board of Nursing who suffer from impairments;

(2) Promote public health and safety; and

(3) Ensure the continued availability of the skills of highly trained healthcare professionals for the benefit of the public.

Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.

Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-92-1005 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1005
Requirements for internet sites
Status: in_force

No pharmacy shall sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of any prescription-only drug to any consumer in this state if any part of the transaction was conducted through an internet site unless the internet site displays in a clear and conspicuous manner the: (1) Name of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer in this state; (2) Address of the principal place of business of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer in this state; (3) Telephone number of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer or other person in this state; and (4) Pharmacy's: (A) Permit number assigned by the Arkansas State Board of Pharmacy; or (B) Certification by the National Association of Boards of Pharmacy as a Verified Internet Pharmacy Practice Sites site and the Verified Internet Pharmacy Practice Sites seal with a link to the National Association of Boards of Pharmacy's verification site. Acts 2001, No. 1411, § 5.

No pharmacy shall sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of any prescription-only drug to any consumer in this state if any part of the transaction was conducted through an internet site unless the internet site displays in a clear and conspicuous manner the:

(1) Name of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer in this state;

(2) Address of the principal place of business of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer in this state;

(3) Telephone number of each pharmacy that causes the sale, dispensing, or delivery of a prescription-only drug to any consumer or other person in this state; and

(4) Pharmacy's: (A) Permit number assigned by the Arkansas State Board of Pharmacy; or (B) Certification by the National Association of Boards of Pharmacy as a Verified Internet Pharmacy Practice Sites site and the Verified Internet Pharmacy Practice Sites seal with a link to the National Association of Boards of Pharmacy's verification site.

(A) Permit number assigned by the Arkansas State Board of Pharmacy; or

(B) Certification by the National Association of Boards of Pharmacy as a Verified Internet Pharmacy Practice Sites site and the Verified Internet Pharmacy Practice Sites seal with a link to the National Association of Boards of Pharmacy's verification site.

Acts 2001, No. 1411, § 5.
Ark. Code Ann. § 17-13-101 — AR Code / Title 17 / Chapter 13 / Section 17-13-101
Title
Status: in_force

This chapter shall be known as the "Agricultural Consultants Licensing Act of 1987". Acts 1987, No. 609, § 1.

This chapter shall be known as the "Agricultural Consultants Licensing Act of 1987".

Acts 1987, No. 609, § 1.
Ark. Code Ann. § 17-14-302 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-302
License required - Membership in other organizations
Status: in_force

(a) On or after December 31, 2001, it shall be a Class B misdemeanor for any individual to perform an appraisal or provide appraisal services as defined in the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., without holding a registration, license, or certificate except as provided in § 17-14-104 . (b) A person shall not be excluded from obtaining a registration, license, or certification based solely upon membership or lack of membership in any particular appraisal organization. Acts 1991, No. 416, § 7; 1991, No. 541, § 7; 2001, No. 1256, § 10; 2005, No. 1994, § 472; 2009, No. 628, § 14.

(a) On or after December 31, 2001, it shall be a Class B misdemeanor for any individual to perform an appraisal or provide appraisal services as defined in the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., without holding a registration, license, or certificate except as provided in § 17-14-104 .

(b) A person shall not be excluded from obtaining a registration, license, or certification based solely upon membership or lack of membership in any particular appraisal organization.

Acts 1991, No. 416, § 7; 1991, No. 541, § 7; 2001, No. 1256, § 10; 2005, No. 1994, § 472; 2009, No. 628, § 14.
Ark. Code Ann. § 17-28-304 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-304
License requirements
Status: in_force

No person shall perform electrical work in this state or display or use any title, sign, card, advertisement, or other device to indicate that the person performs electrical work or is an electrician unless the person has first obtained a license to perform electrical work pursuant to the provisions of this chapter, or the individual is exempted from licensing pursuant to the provisions of this chapter. Acts 1979, No. 870, § 9; A.S.A. 1947, § 71-5309; Acts 1993, No. 1076, § 1; 1997, No. 1289, § 8.

No person shall perform electrical work in this state or display or use any title, sign, card, advertisement, or other device to indicate that the person performs electrical work or is an electrician unless the person has first obtained a license to perform electrical work pursuant to the provisions of this chapter, or the individual is exempted from licensing pursuant to the provisions of this chapter.

Acts 1979, No. 870, § 9; A.S.A. 1947, § 71-5309; Acts 1993, No. 1076, § 1; 1997, No. 1289, § 8.
Ark. Code Ann. § 17-40-330 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-330
Authority to issue commission to carry a firearm
Status: in_force

The Director of the Division of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or her employment. Amended by Act 2019, No. 910,§ 5988, eff. 7/1/2019. Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.

The Director of the Division of Arkansas State Police may determine the qualifications for and issue an authorization to carry a firearm in the form of a commission to a qualified security officer or qualified school security officer that shall be held during the course of his or her employment.

Amended by Act 2019, No. 910,§ 5988, eff. 7/1/2019.

Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Ark. Code Ann. § 17-50-102 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-102
Purpose
Status: in_force

(a) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells, it is imperative that the general health, safety, and welfare be protected by providing a means for the proper development of the natural resource of underground water in an orderly, sanitary, reasonable, and safe manner, without waste, so that sufficient potable supplies for the continued economic growth of our state may be assured. To that end it is essential that persons engaged in water well drilling cooperate with the State of Arkansas in the development of ground water resources. (b) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells and pump installation, it is imperative that the general health, safety, and welfare be protected by providing the Arkansas Natural Resources Commission with jurisdiction over pump installation, which is an inherent part of water well construction. The regulation of pump installation and installers is essential to fulfill the intent of this chapter. Amended by Act 2023, No. 691,§ 116, eff. 7/1/2023. Acts 1969, No. 641, § 2; A.S.A. 1947, § 21-2002; Acts 1987, No. 693, § 1.

(a) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells, it is imperative that the general health, safety, and welfare be protected by providing a means for the proper development of the natural resource of underground water in an orderly, sanitary, reasonable, and safe manner, without waste, so that sufficient potable supplies for the continued economic growth of our state may be assured. To that end it is essential that persons engaged in water well drilling cooperate with the State of Arkansas in the development of ground water resources.

(b) In that there is an ever-increasing demand for water in this state necessitating the construction of water wells and pump installation, it is imperative that the general health, safety, and welfare be protected by providing the Arkansas Natural Resources Commission with jurisdiction over pump installation, which is an inherent part of water well construction. The regulation of pump installation and installers is essential to fulfill the intent of this chapter.

Amended by Act 2023, No. 691,§ 116, eff. 7/1/2023.

Acts 1969, No. 641, § 2; A.S.A. 1947, § 21-2002; Acts 1987, No. 693, § 1.