Ark. Code Ann. § 17-81-318 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-318
Criminal background check
Status: in_force

(a) (1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check. (b) The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section. (e) Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under § 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender. (f) (1) The provisions of subsection (e) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions. (2) Circumstances for which a waiver may be granted shall include without limitation: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime was committed; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public. (g) (1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) A record, file, or document shall not be removed from the custody of the division. (h) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall pertain to that person only. (i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check. (j) The board may adopt rules to fully implement this section. Amended by Act 2019, No. 990,§ 61, eff. 7/24/2019. Added by Act 2017, No. 397,§ 8, eff. 8/1/2017.

(a) (1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.

(1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

(2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.

(b) The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, and shall include the taking of fingerprints.

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

(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section.

(e) Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under § 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender.

(f) (1) The provisions of subsection (e) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions. (2) Circumstances for which a waiver may be granted shall include without limitation: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime was committed; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(1) The provisions of subsection (e) of this section may be waived by the board upon the request of: (A) An affected applicant for licensure; or (B) The person holding a license subject to sanctions.

(A) An affected applicant for licensure; or

(B) The person holding a license subject to sanctions.

(2) Circumstances for which a waiver may be granted shall include without limitation: (A) The age at which the crime was committed; (B) The circumstances surrounding the crime; (C) The length of time since the crime was committed; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the public.

(A) The age at which the crime was committed;

(B) The circumstances surrounding the crime;

(C) The length of time since the crime was committed;

(D) Subsequent work history;

(E) Employment references;

(F) Character references; and

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

(g) (1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative. (2) A record, file, or document shall not be removed from the custody of the division.

(1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police or the Federal Bureau of Investigation under this section shall not be available for examination except by: (A) The affected applicant for licensure or his or her authorized representative; or (B) The person whose license is subject to revocation or his or her authorized representative.

(A) The affected applicant for licensure or his or her authorized representative; or

(B) The person whose license is subject to revocation or his or her authorized representative.

(2) A record, file, or document shall not be removed from the custody of the division.

(h) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall pertain to that person only.

(i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.

(j) The board may adopt rules to fully implement this section.

Amended by Act 2019, No. 990,§ 61, eff. 7/24/2019.

Added by Act 2017, No. 397,§ 8, eff. 8/1/2017.
Ark. Code Ann. § 17-56-102 — AR Code / Title 17 / Chapter 56 / Subchapter 1 / Section 17-56-102
[Repealed]
Status: repealed

Repealed by Act 2021, No. 491,§ 1, eff. 7/28/2021. Added by Act 2017, No. 985,§ 1, eff. 8/1/2017.

Repealed by Act 2021, No. 491,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 985,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-95-1106 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1106
Genetic counselor licensure
Status: in_force

(a) The Arkansas State Medical Board shall license as a licensed genetic counselor an applicant who: (1) Submits an application approved by the Arkansas State Medical Board; (2) Pays an application fee approved by the Arkansas State Medical Board that is comparable to other fees for licensure of other midlevel healthcare professionals licensed by the Arkansas State Medical Board; and (3) Provides evidence of: (A) Having earned a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics; and (B) Meets the examination requirements for certification and has current certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics. (b) (1) The Arkansas State Medical Board may issue a license to an applicant who provides evidence that he or she is licensed to practice as a genetic counselor in another state or territory if the requirements for licensure in the other state or territory are equal to the requirements in this subchapter. (2) The issuance of a license by reciprocity shall be at the sole discretion of the Arkansas State Medical Board. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

(a) The Arkansas State Medical Board shall license as a licensed genetic counselor an applicant who: (1) Submits an application approved by the Arkansas State Medical Board; (2) Pays an application fee approved by the Arkansas State Medical Board that is comparable to other fees for licensure of other midlevel healthcare professionals licensed by the Arkansas State Medical Board; and (3) Provides evidence of: (A) Having earned a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics; and (B) Meets the examination requirements for certification and has current certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.

(1) Submits an application approved by the Arkansas State Medical Board;

(2) Pays an application fee approved by the Arkansas State Medical Board that is comparable to other fees for licensure of other midlevel healthcare professionals licensed by the Arkansas State Medical Board; and

(3) Provides evidence of: (A) Having earned a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics; and (B) Meets the examination requirements for certification and has current certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.

(A) Having earned a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics; and

(B) Meets the examination requirements for certification and has current certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.

(b) (1) The Arkansas State Medical Board may issue a license to an applicant who provides evidence that he or she is licensed to practice as a genetic counselor in another state or territory if the requirements for licensure in the other state or territory are equal to the requirements in this subchapter. (2) The issuance of a license by reciprocity shall be at the sole discretion of the Arkansas State Medical Board.

(1) The Arkansas State Medical Board may issue a license to an applicant who provides evidence that he or she is licensed to practice as a genetic counselor in another state or territory if the requirements for licensure in the other state or territory are equal to the requirements in this subchapter.

(2) The issuance of a license by reciprocity shall be at the sole discretion of the Arkansas State Medical Board.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-95-915 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-915
"Good Samaritan" provision
Status: in_force

A graduate registered physician shall be subject to the "Good Samaritan" provisions embodied in § 17-95-101 . Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

A graduate registered physician shall be subject to the "Good Samaritan" provisions embodied in § 17-95-101 .

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-103-302 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-302
Endorsement
Status: in_force

The Arkansas Social Work Licensing Board may grant a license without examination to a person meeting all of the other requirements of this chapter and who at the time of application is licensed as a social worker by a similar board of another state, territory, district, or Canadian province whose standards, in the opinion of the Arkansas Social Work Licensing Board, are substantially equivalent to those required by this chapter. Amended by Act 2019, No. 623,§ 3, eff. 7/24/2019. Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015. Acts 1999, No. 1122, § 1.

The Arkansas Social Work Licensing Board may grant a license without examination to a person meeting all of the other requirements of this chapter and who at the time of application is licensed as a social worker by a similar board of another state, territory, district, or Canadian province whose standards, in the opinion of the Arkansas Social Work Licensing Board, are substantially equivalent to those required by this chapter.

Amended by Act 2019, No. 623,§ 3, eff. 7/24/2019.

Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015.

Acts 1999, No. 1122, § 1.
Ark. Code Ann. § 17-84-303 — AR Code / Title 17 / Chapter 84 / Subchapter 3 / Section 17-84-303
Unlawful practices
Status: in_force

It shall be unlawful for any person to: (1) Sell or purchase a license or permit in a manner not authorized by this chapter; (2) Willfully alter, with the intent to defraud, any license or permit; (3) Represent as a valid license or permit one which has been purchased, fraudulently obtained, counterfeited, or materially altered; or (4) Willfully make a false material statement in any application to the Arkansas Board of Hearing Instrument Dispensers. Acts 1969, No. 197, § 14; A.S.A. 1947, § 72-1714; Acts 1991, No. 46, § 1.

It shall be unlawful for any person to:

(1) Sell or purchase a license or permit in a manner not authorized by this chapter;

(2) Willfully alter, with the intent to defraud, any license or permit;

(3) Represent as a valid license or permit one which has been purchased, fraudulently obtained, counterfeited, or materially altered; or

(4) Willfully make a false material statement in any application to the Arkansas Board of Hearing Instrument Dispensers.

Acts 1969, No. 197, § 14; A.S.A. 1947, § 72-1714; Acts 1991, No. 46, § 1.
Ark. Code Ann. § 17-29-314 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-314
Crematory retort operator - Qualifications
Status: in_force

(a) A person who desires to have a license as a crematory retort operator in this state shall: (1) Be at least eighteen (18) years of age; (2) Have received a high school diploma or a Certificate of General Educational Development; (3) Make written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee prescribed by the board; (4) Take and pass the appropriate exams as determined by the board; and (5) Provide the information required by the board. (b) Application for a crematory retort operator license shall be made on forms furnished by the board. (c) Each crematory retort operator shall be required to submit initial United States Occupational Safety and Health Administration blood-borne pathogen training. (d) (1) The board shall grant the application if the board finds that the applicant: (A) Possesses a knowledge of the operation of a crematorium retort; and (B) Meets the qualifications under this section. (e) (1) The board may require an applicant for licensure as a crematory retort operator to successfully complete up to twenty (20) hours of classroom instruction in crematory operation practices and ethics, and laws and rules affecting cremations and operating a crematory retort. (2) The board shall approve all courses that satisfy this requirement. (f) Within a reasonable amount of time after July 22, 2015, a crematory retort operator who is operating a crematory retort in this state shall be licensed as determined by rules of the board. Amended by Act 2017, No. 788,§ 24, eff. 7/1/2018. Added by Act 2015, No. 1095,§ 38, eff. 7/22/2015.

(a) A person who desires to have a license as a crematory retort operator in this state shall: (1) Be at least eighteen (18) years of age; (2) Have received a high school diploma or a Certificate of General Educational Development; (3) Make written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee prescribed by the board; (4) Take and pass the appropriate exams as determined by the board; and (5) Provide the information required by the board.

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

(2) Have received a high school diploma or a Certificate of General Educational Development;

(3) Make written application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee prescribed by the board;

(4) Take and pass the appropriate exams as determined by the board; and

(5) Provide the information required by the board.

(b) Application for a crematory retort operator license shall be made on forms furnished by the board.

(c) Each crematory retort operator shall be required to submit initial United States Occupational Safety and Health Administration blood-borne pathogen training.

(d) (1) The board shall grant the application if the board finds that the applicant: (A) Possesses a knowledge of the operation of a crematorium retort; and (B) Meets the qualifications under this section.

(1) The board shall grant the application if the board finds that the applicant: (A) Possesses a knowledge of the operation of a crematorium retort; and (B) Meets the qualifications under this section.

(A) Possesses a knowledge of the operation of a crematorium retort; and

(B) Meets the qualifications under this section.

(e) (1) The board may require an applicant for licensure as a crematory retort operator to successfully complete up to twenty (20) hours of classroom instruction in crematory operation practices and ethics, and laws and rules affecting cremations and operating a crematory retort. (2) The board shall approve all courses that satisfy this requirement.

(1) The board may require an applicant for licensure as a crematory retort operator to successfully complete up to twenty (20) hours of classroom instruction in crematory operation practices and ethics, and laws and rules affecting cremations and operating a crematory retort.

(2) The board shall approve all courses that satisfy this requirement.

(f) Within a reasonable amount of time after July 22, 2015, a crematory retort operator who is operating a crematory retort in this state shall be licensed as determined by rules of the board.

Amended by Act 2017, No. 788,§ 24, eff. 7/1/2018.

Added by Act 2015, No. 1095,§ 38, eff. 7/22/2015.
Ark. Code Ann. § 17-93-304 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-304
Physical therapist assistants
Status: in_force

(a) The Arkansas State Board of Physical Therapy shall license as a physical therapist assistant and shall issue a license to a person who: (1) Satisfactorily passes the examinations provided for in this chapter and otherwise meets the requirements for qualification under this chapter and pays the fees as determined by the Arkansas State Board of Physical Therapy; or (2) Was licensed under the rules of the Arkansas State Medical Board as a physical therapist assistant before March 28, 1979. (b) Each physical therapist assistant applicant shall: (1) Be at least eighteen (18) years of age; (2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy; (3) Have passed examinations selected and approved by the Arkansas State Board of Physical Therapy; (4) Submit fees as determined by the Arkansas State Board of Physical Therapy; and (5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the Arkansas State Board of Physical Therapy and be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (D) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Arkansas State Board of Physical Therapy all information obtained concerning the commission by the applicant of any offense listed. (c) (1) (A) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (B) The reexamination must take place within six (6) months after the first failure. (2) Before being approved by the Arkansas State Board of Physical Therapy for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the Arkansas State Board of Physical Therapy of having successfully completed additional clinical training or course work, or both, as determined by the Arkansas State Board of Physical Therapy. (d) (1) A physical therapist assistant who is licensed under this chapter shall pay a license fee and annual renewal fee in an amount to be determined by the Arkansas State Board of Physical Therapy. (2) The renewal fee shall be paid no later than March 1 of each year. (3) (A) A failure to renew and pay the renewal fee by March 1 shall cause the license to expire automatically. (B) A licensee whose license has expired for failure to meet the renewal date may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the Arkansas State Board of Physical Therapy for each year or part of a year that he or she has failed to renew. Amended by Act 2019, No. 990,§ 93, eff. 7/24/2019. Amended by Act 2019, No. 314,§ 2, eff. 7/24/2019. Acts 1959, No. 141, §§ 6, 9; 1973, No. 139, § 2; 1979, No. 631, §§ 3, 5; A.S.A. 1947, §§ 72-1322, 72-1325; Acts 1991, No. 303, § 3; 2001, No. 1412, § 6; 2009, No. 1471, § 5.

(a) The Arkansas State Board of Physical Therapy shall license as a physical therapist assistant and shall issue a license to a person who: (1) Satisfactorily passes the examinations provided for in this chapter and otherwise meets the requirements for qualification under this chapter and pays the fees as determined by the Arkansas State Board of Physical Therapy; or (2) Was licensed under the rules of the Arkansas State Medical Board as a physical therapist assistant before March 28, 1979.

(1) Satisfactorily passes the examinations provided for in this chapter and otherwise meets the requirements for qualification under this chapter and pays the fees as determined by the Arkansas State Board of Physical Therapy; or

(2) Was licensed under the rules of the Arkansas State Medical Board as a physical therapist assistant before March 28, 1979.

(b) Each physical therapist assistant applicant shall: (1) Be at least eighteen (18) years of age; (2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy; (3) Have passed examinations selected and approved by the Arkansas State Board of Physical Therapy; (4) Submit fees as determined by the Arkansas State Board of Physical Therapy; and (5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the Arkansas State Board of Physical Therapy and be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (D) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Arkansas State Board of Physical Therapy all information obtained concerning the commission by the applicant of any offense listed.

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

(2) Have graduated from a school of physical therapy accredited by a national accreditation agency approved by the Arkansas State Board of Physical Therapy;

(3) Have passed examinations selected and approved by the Arkansas State Board of Physical Therapy;

(4) Submit fees as determined by the Arkansas State Board of Physical Therapy; and

(5) (A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation. (B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints. (C) The applicant shall sign a release of information to the Arkansas State Board of Physical Therapy and be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check. (D) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Arkansas State Board of Physical Therapy all information obtained concerning the commission by the applicant of any offense listed.

(A) Apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check to be conducted by the Federal Bureau of Investigation.

(B) The criminal background check shall conform to the applicable federal standards, as existing on January 1, 2019, and shall include the taking of fingerprints.

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

(D) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the Arkansas State Board of Physical Therapy all information obtained concerning the commission by the applicant of any offense listed.

(c) (1) (A) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (B) The reexamination must take place within six (6) months after the first failure. (2) Before being approved by the Arkansas State Board of Physical Therapy for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the Arkansas State Board of Physical Therapy of having successfully completed additional clinical training or course work, or both, as determined by the Arkansas State Board of Physical Therapy.

(1) (A) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure. (B) The reexamination must take place within six (6) months after the first failure.

(A) Upon payment of all appropriate fees, applicants who do not pass the examination after the first attempt may retake the examination one (1) additional time without reapplication for licensure.

(B) The reexamination must take place within six (6) months after the first failure.

(2) Before being approved by the Arkansas State Board of Physical Therapy for subsequent testing beyond two (2) attempts, the applicant shall reapply and demonstrate evidence satisfactory to the Arkansas State Board of Physical Therapy of having successfully completed additional clinical training or course work, or both, as determined by the Arkansas State Board of Physical Therapy.

(d) (1) A physical therapist assistant who is licensed under this chapter shall pay a license fee and annual renewal fee in an amount to be determined by the Arkansas State Board of Physical Therapy. (2) The renewal fee shall be paid no later than March 1 of each year. (3) (A) A failure to renew and pay the renewal fee by March 1 shall cause the license to expire automatically. (B) A licensee whose license has expired for failure to meet the renewal date may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the Arkansas State Board of Physical Therapy for each year or part of a year that he or she has failed to renew.

(1) A physical therapist assistant who is licensed under this chapter shall pay a license fee and annual renewal fee in an amount to be determined by the Arkansas State Board of Physical Therapy.

(2) The renewal fee shall be paid no later than March 1 of each year.

(3) (A) A failure to renew and pay the renewal fee by March 1 shall cause the license to expire automatically. (B) A licensee whose license has expired for failure to meet the renewal date may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the Arkansas State Board of Physical Therapy for each year or part of a year that he or she has failed to renew.

(A) A failure to renew and pay the renewal fee by March 1 shall cause the license to expire automatically.

(B) A licensee whose license has expired for failure to meet the renewal date may be reinstated by paying all delinquent fees and a penalty in an amount to be determined by the Arkansas State Board of Physical Therapy for each year or part of a year that he or she has failed to renew.

Amended by Act 2019, No. 990,§ 93, eff. 7/24/2019.

Amended by Act 2019, No. 314,§ 2, eff. 7/24/2019.

Acts 1959, No. 141, §§ 6, 9; 1973, No. 139, § 2; 1979, No. 631, §§ 3, 5; A.S.A. 1947, §§ 72-1322, 72-1325; Acts 1991, No. 303, § 3; 2001, No. 1412, § 6; 2009, No. 1471, § 5.
Ark. Code Ann. § 17-4-102 — AR Code / Title 17 / Chapter 4 / Section 17-4-102
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) Arkansas sets the bar as a national leader in addressing employment barriers faced by uniformed service members, uniformed service veterans, and their spouses in attaining occupational licensure; (2) Arkansas is one (1) of only four (4) states to successfully address eight (8) or more of the ten (10) issues affecting uniformed service families identified by the United States Department of Defense; (3) Of the United States Department of Defense's ten (10) issues in fiscal year 2020, four (4) of the issues concern occupational licensure of spouses of uniformed service members; (4) Annually, fourteen and five-tenths percent (14.5%) of spouses of uniformed service members move across state lines as opposed to one and one-tenth percent (1.1%) of civilians; (5) States can continue to improve the attainment of occupational licensure and to eliminate barriers impeding employment of spouses of uniformed service members following a move across state lines; (6) Acts 2019, No. 820, established provisions for the granting of automatic occupational licensure or expedited occupational licensure to active-duty service members, recently separated veterans, and their spouses who hold occupational licensure in good standing in another jurisdiction; and (7) Additional steps need to be taken to clarify, simplify, and elevate the occupational licensure process for uniformed service members, uniformed service veterans, and their spouses. (b) It is the intent of the General Assembly to address occupational licensure barriers that impede the launch and sustainability of civilian occupational careers and employment faced by uniformed service members, uniformed service veterans, and their spouses due to frequent uniformed service assignment by: (1) Providing: (A) Automatic occupational licensure or expedited occupational licensure to current license holders to expedite their entry into the workforce of this state; (B) Temporary or provisional licensure to initial licensure candidates while expediting full licensure; (C) Legislative oversight of rulemaking by occupational licensing entities to ensure removal of occupational licensure barriers faced by uniformed service members, uniformed service veterans, and their spouses; and (D) Guidance to assure effective rulemaking and clear license application instructions to uniformed service members, uniformed service veterans, and their spouses; (2) Recognizing uniformed service education, training, experience, and credentials of uniformed service members and uniformed service veterans applying for initial occupational licensure; and (3) Extending licensure expiration and any continuing education required for occupational licensure renewal when a uniformed service member is deployed. Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

(a) The General Assembly finds that: (1) Arkansas sets the bar as a national leader in addressing employment barriers faced by uniformed service members, uniformed service veterans, and their spouses in attaining occupational licensure; (2) Arkansas is one (1) of only four (4) states to successfully address eight (8) or more of the ten (10) issues affecting uniformed service families identified by the United States Department of Defense; (3) Of the United States Department of Defense's ten (10) issues in fiscal year 2020, four (4) of the issues concern occupational licensure of spouses of uniformed service members; (4) Annually, fourteen and five-tenths percent (14.5%) of spouses of uniformed service members move across state lines as opposed to one and one-tenth percent (1.1%) of civilians; (5) States can continue to improve the attainment of occupational licensure and to eliminate barriers impeding employment of spouses of uniformed service members following a move across state lines; (6) Acts 2019, No. 820, established provisions for the granting of automatic occupational licensure or expedited occupational licensure to active-duty service members, recently separated veterans, and their spouses who hold occupational licensure in good standing in another jurisdiction; and (7) Additional steps need to be taken to clarify, simplify, and elevate the occupational licensure process for uniformed service members, uniformed service veterans, and their spouses.

(1) Arkansas sets the bar as a national leader in addressing employment barriers faced by uniformed service members, uniformed service veterans, and their spouses in attaining occupational licensure;

(2) Arkansas is one (1) of only four (4) states to successfully address eight (8) or more of the ten (10) issues affecting uniformed service families identified by the United States Department of Defense;

(3) Of the United States Department of Defense's ten (10) issues in fiscal year 2020, four (4) of the issues concern occupational licensure of spouses of uniformed service members;

(4) Annually, fourteen and five-tenths percent (14.5%) of spouses of uniformed service members move across state lines as opposed to one and one-tenth percent (1.1%) of civilians;

(5) States can continue to improve the attainment of occupational licensure and to eliminate barriers impeding employment of spouses of uniformed service members following a move across state lines;

(6) Acts 2019, No. 820, established provisions for the granting of automatic occupational licensure or expedited occupational licensure to active-duty service members, recently separated veterans, and their spouses who hold occupational licensure in good standing in another jurisdiction; and

(7) Additional steps need to be taken to clarify, simplify, and elevate the occupational licensure process for uniformed service members, uniformed service veterans, and their spouses.

(b) It is the intent of the General Assembly to address occupational licensure barriers that impede the launch and sustainability of civilian occupational careers and employment faced by uniformed service members, uniformed service veterans, and their spouses due to frequent uniformed service assignment by: (1) Providing: (A) Automatic occupational licensure or expedited occupational licensure to current license holders to expedite their entry into the workforce of this state; (B) Temporary or provisional licensure to initial licensure candidates while expediting full licensure; (C) Legislative oversight of rulemaking by occupational licensing entities to ensure removal of occupational licensure barriers faced by uniformed service members, uniformed service veterans, and their spouses; and (D) Guidance to assure effective rulemaking and clear license application instructions to uniformed service members, uniformed service veterans, and their spouses; (2) Recognizing uniformed service education, training, experience, and credentials of uniformed service members and uniformed service veterans applying for initial occupational licensure; and (3) Extending licensure expiration and any continuing education required for occupational licensure renewal when a uniformed service member is deployed.

(1) Providing: (A) Automatic occupational licensure or expedited occupational licensure to current license holders to expedite their entry into the workforce of this state; (B) Temporary or provisional licensure to initial licensure candidates while expediting full licensure; (C) Legislative oversight of rulemaking by occupational licensing entities to ensure removal of occupational licensure barriers faced by uniformed service members, uniformed service veterans, and their spouses; and (D) Guidance to assure effective rulemaking and clear license application instructions to uniformed service members, uniformed service veterans, and their spouses;

(A) Automatic occupational licensure or expedited occupational licensure to current license holders to expedite their entry into the workforce of this state;

(B) Temporary or provisional licensure to initial licensure candidates while expediting full licensure;

(C) Legislative oversight of rulemaking by occupational licensing entities to ensure removal of occupational licensure barriers faced by uniformed service members, uniformed service veterans, and their spouses; and

(D) Guidance to assure effective rulemaking and clear license application instructions to uniformed service members, uniformed service veterans, and their spouses;

(2) Recognizing uniformed service education, training, experience, and credentials of uniformed service members and uniformed service veterans applying for initial occupational licensure; and

(3) Extending licensure expiration and any continuing education required for occupational licensure renewal when a uniformed service member is deployed.

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-87-310 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-310
Prescriptive authority
Status: in_force

(a) The Arkansas State Board of Nursing may grant a certificate of prescriptive authority to an advanced practice registered nurse who: (1) Submits proof of successful completion of an Arkansas State Board of Nursing-approved advanced pharmacology course that shall include preceptorial experience in the prescription of drugs, medicines, and therapeutic devices; and (2) Has either: (A) A certificate of full independent practice authority under § 17-87-314 ; or (B) A collaborative practice agreement with a practicing physician who is licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or a podiatrist licensed by the Arkansas Board of Podiatric Medicine under § 17-96-101 et seq., if employed by the podiatrist, and who has training in scope, specialty, or expertise to that of the advanced practice registered nurse on file with the Arkansas State Board of Nursing. (b) (1) An advanced practice registered nurse with a certificate of prescriptive authority may receive and prescribe drugs, medicines, or therapeutic devices appropriate to the advanced practice registered nurse's area of practice in accordance with rules established by the Arkansas State Board of Nursing. (2) (A) An advanced practice registered nurse's prescriptive authority shall extend only to drugs listed in Schedules III - V and, if expressly authorized by the collaborative practice agreement, also to those hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014. (B) An advanced practice registered nurse's prescriptive authority also extends to drugs listed in Schedule II if: (i) The prescription is for an opioid and the prescription is only for a five-day period or less; or (ii) (a) The prescription is for a stimulant. (b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances. (c) A collaborative practice agreement shall include, but not be limited to, provisions addressing: (1) The availability of the collaborating physician for consultation or referral, or both; (2) Methods of management of the collaborative practice, which shall include protocols for prescriptive authority; (3) Coverage of the healthcare needs of a patient in the emergency absence of the advanced practice registered nurse or physician; and (4) Quality assurance. (d) If a collaborative practice results in complaints of violations of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the Arkansas State Medical Board may review the role of the physician in the collaborative practice to determine if the physician is unable to manage his or her responsibilities under the agreement without an adverse effect on the quality of care of the patient. (e) If a collaborative practice results in complaints of violations of this chapter, the Arkansas State Board of Nursing may review the role of the advanced practice registered nurse in the collaborative practice to determine if the nurse is unable to manage his or her responsibilities under the agreement without an adverse effect on the quality of care of the patient. Amended by Act 2021, No. 476,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 412,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 593,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 308,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 824,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 529,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 604,§ 15, eff. 8/16/2013. Acts 1995, No. 409, § 16.

(a) The Arkansas State Board of Nursing may grant a certificate of prescriptive authority to an advanced practice registered nurse who: (1) Submits proof of successful completion of an Arkansas State Board of Nursing-approved advanced pharmacology course that shall include preceptorial experience in the prescription of drugs, medicines, and therapeutic devices; and (2) Has either: (A) A certificate of full independent practice authority under § 17-87-314 ; or (B) A collaborative practice agreement with a practicing physician who is licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or a podiatrist licensed by the Arkansas Board of Podiatric Medicine under § 17-96-101 et seq., if employed by the podiatrist, and who has training in scope, specialty, or expertise to that of the advanced practice registered nurse on file with the Arkansas State Board of Nursing.

(1) Submits proof of successful completion of an Arkansas State Board of Nursing-approved advanced pharmacology course that shall include preceptorial experience in the prescription of drugs, medicines, and therapeutic devices; and

(2) Has either: (A) A certificate of full independent practice authority under § 17-87-314 ; or (B) A collaborative practice agreement with a practicing physician who is licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or a podiatrist licensed by the Arkansas Board of Podiatric Medicine under § 17-96-101 et seq., if employed by the podiatrist, and who has training in scope, specialty, or expertise to that of the advanced practice registered nurse on file with the Arkansas State Board of Nursing.

(A) A certificate of full independent practice authority under § 17-87-314 ; or

(B) A collaborative practice agreement with a practicing physician who is licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or a podiatrist licensed by the Arkansas Board of Podiatric Medicine under § 17-96-101 et seq., if employed by the podiatrist, and who has training in scope, specialty, or expertise to that of the advanced practice registered nurse on file with the Arkansas State Board of Nursing.

(b) (1) An advanced practice registered nurse with a certificate of prescriptive authority may receive and prescribe drugs, medicines, or therapeutic devices appropriate to the advanced practice registered nurse's area of practice in accordance with rules established by the Arkansas State Board of Nursing. (2) (A) An advanced practice registered nurse's prescriptive authority shall extend only to drugs listed in Schedules III - V and, if expressly authorized by the collaborative practice agreement, also to those hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014. (B) An advanced practice registered nurse's prescriptive authority also extends to drugs listed in Schedule II if: (i) The prescription is for an opioid and the prescription is only for a five-day period or less; or (ii) (a) The prescription is for a stimulant. (b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(1) An advanced practice registered nurse with a certificate of prescriptive authority may receive and prescribe drugs, medicines, or therapeutic devices appropriate to the advanced practice registered nurse's area of practice in accordance with rules established by the Arkansas State Board of Nursing.

(2) (A) An advanced practice registered nurse's prescriptive authority shall extend only to drugs listed in Schedules III - V and, if expressly authorized by the collaborative practice agreement, also to those hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014. (B) An advanced practice registered nurse's prescriptive authority also extends to drugs listed in Schedule II if: (i) The prescription is for an opioid and the prescription is only for a five-day period or less; or (ii) (a) The prescription is for a stimulant. (b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(A) An advanced practice registered nurse's prescriptive authority shall extend only to drugs listed in Schedules III - V and, if expressly authorized by the collaborative practice agreement, also to those hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014.

(B) An advanced practice registered nurse's prescriptive authority also extends to drugs listed in Schedule II if: (i) The prescription is for an opioid and the prescription is only for a five-day period or less; or (ii) (a) The prescription is for a stimulant. (b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(i) The prescription is for an opioid and the prescription is only for a five-day period or less; or

(ii) (a) The prescription is for a stimulant. (b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(a) The prescription is for a stimulant.

(b) A prescription for a stimulant shall meet the following criteria: (1) The prescription was originally initiated by a physician; (2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and (3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription. (3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(1) The prescription was originally initiated by a physician;

(2) The physician has evaluated the patient within six (6) months before the advanced practice registered nurse issues a prescription; and

(3) The prescription by the advanced practice registered nurse is to treat the same condition as the original prescription.

(3) (A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances. (B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(A) The Arkansas State Board of Nursing shall promptly adopt rules applicable to an advanced practice registered nurse that are consistent with the Arkansas State Medical Board's rules governing the prescription of dangerous drugs and controlled substances.

(B) Before approval of the Arkansas State Board of Nursing's rules, the Arkansas State Medical Board shall review the proposed rules and verify that the proposed rules are consistent with the Arkansas State Medical Board's rules concerning the prescription of dangerous drugs and controlled substances.

(c) A collaborative practice agreement shall include, but not be limited to, provisions addressing: (1) The availability of the collaborating physician for consultation or referral, or both; (2) Methods of management of the collaborative practice, which shall include protocols for prescriptive authority; (3) Coverage of the healthcare needs of a patient in the emergency absence of the advanced practice registered nurse or physician; and (4) Quality assurance.

(1) The availability of the collaborating physician for consultation or referral, or both;

(2) Methods of management of the collaborative practice, which shall include protocols for prescriptive authority;

(3) Coverage of the healthcare needs of a patient in the emergency absence of the advanced practice registered nurse or physician; and

(4) Quality assurance.

(d) If a collaborative practice results in complaints of violations of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., the Arkansas State Medical Board may review the role of the physician in the collaborative practice to determine if the physician is unable to manage his or her responsibilities under the agreement without an adverse effect on the quality of care of the patient.

(e) If a collaborative practice results in complaints of violations of this chapter, the Arkansas State Board of Nursing may review the role of the advanced practice registered nurse in the collaborative practice to determine if the nurse is unable to manage his or her responsibilities under the agreement without an adverse effect on the quality of care of the patient.

Amended by Act 2021, No. 476,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 412,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 593,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 308,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 824,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 529,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 604,§ 15, eff. 8/16/2013.

Acts 1995, No. 409, § 16.
Ark. Code Ann. § 17-106-109 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-109
Licenses
Status: in_force

(a) The Medical Ionizing Radiation Licensure Committee may issue a license to each applicant who has either successfully passed the examination or qualified under § 17-106-107(d) and (e) and has paid the prescribed fees. (b) (1) At its discretion, the committee may issue a temporary license to any person whose licensure or relicensure may be pending and when issuance may be justified by special circumstances. (2) A temporary license shall be issued only if the committee finds that it will not violate the purpose of this chapter or endanger the public health and safety. (3) A temporary license shall not remain in force longer than one hundred eighty (180) days. (4) Unless an individual demonstrates to the committee a hardship or a continual progression in fulfilling the educational and certification requirements of a modality recognized by the State Board of Health, no more than two (2) temporary licenses shall be issued to any individual within a specific category. (c) Holders of a license under this chapter shall display the official license document or a notarized copy in each place of employment, and the document shall be made available upon request. (d) (1) A license shall be renewed by the committee for a period of one (1) year upon payment of renewal fees in an amount established by the board. (2) As a prerequisite for renewal, continuing education requirements shall be set by rule. (e) (1) (A) Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board. (B) For periods of more than five (5) years, licensure shall be in a manner as designated by the board. (C) Continuing education requirements shall be set by rule. (2) This subsection shall not apply to anyone whose license has been revoked or suspended. Amended by Act 2019, No. 315,§ 1679, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1678, eff. 7/24/2019. Acts 1999, No. 1071, § 9; 2003, No. 1395, § 10.

(a) The Medical Ionizing Radiation Licensure Committee may issue a license to each applicant who has either successfully passed the examination or qualified under § 17-106-107(d) and (e) and has paid the prescribed fees.

(b) (1) At its discretion, the committee may issue a temporary license to any person whose licensure or relicensure may be pending and when issuance may be justified by special circumstances. (2) A temporary license shall be issued only if the committee finds that it will not violate the purpose of this chapter or endanger the public health and safety. (3) A temporary license shall not remain in force longer than one hundred eighty (180) days. (4) Unless an individual demonstrates to the committee a hardship or a continual progression in fulfilling the educational and certification requirements of a modality recognized by the State Board of Health, no more than two (2) temporary licenses shall be issued to any individual within a specific category.

(1) At its discretion, the committee may issue a temporary license to any person whose licensure or relicensure may be pending and when issuance may be justified by special circumstances.

(2) A temporary license shall be issued only if the committee finds that it will not violate the purpose of this chapter or endanger the public health and safety.

(3) A temporary license shall not remain in force longer than one hundred eighty (180) days.

(4) Unless an individual demonstrates to the committee a hardship or a continual progression in fulfilling the educational and certification requirements of a modality recognized by the State Board of Health, no more than two (2) temporary licenses shall be issued to any individual within a specific category.

(c) Holders of a license under this chapter shall display the official license document or a notarized copy in each place of employment, and the document shall be made available upon request.

(d) (1) A license shall be renewed by the committee for a period of one (1) year upon payment of renewal fees in an amount established by the board. (2) As a prerequisite for renewal, continuing education requirements shall be set by rule.

(1) A license shall be renewed by the committee for a period of one (1) year upon payment of renewal fees in an amount established by the board.

(2) As a prerequisite for renewal, continuing education requirements shall be set by rule.

(e) (1) (A) Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board. (B) For periods of more than five (5) years, licensure shall be in a manner as designated by the board. (C) Continuing education requirements shall be set by rule. (2) This subsection shall not apply to anyone whose license has been revoked or suspended.

(1) (A) Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board. (B) For periods of more than five (5) years, licensure shall be in a manner as designated by the board. (C) Continuing education requirements shall be set by rule.

(A) Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board.

(B) For periods of more than five (5) years, licensure shall be in a manner as designated by the board.

(C) Continuing education requirements shall be set by rule.

(2) This subsection shall not apply to anyone whose license has been revoked or suspended.

Amended by Act 2019, No. 315,§ 1679, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1678, eff. 7/24/2019.

Acts 1999, No. 1071, § 9; 2003, No. 1395, § 10.
Ark. Code Ann. § 17-16-105 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-105
Registration as athlete agent - Form - Requirements
Status: in_force

(a) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain: (1) the name of the applicant and the address of the applicant's principal place of business; (2) the name of the applicant's business or employer, if applicable; (3) any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application; (4) a description of the applicant's: (A) formal training as an athlete agent; (B) practical experience as an athlete agent; and (C) educational background relating to the applicant's activities as an athlete agent; (5) the names and addresses of three (3) individuals not related to the applicant who are willing to serve as references; (6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five (5) years next preceding the date of submission of the application; (7) the names and addresses of all persons who are: (A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and (B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater; (8) whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this State, would be a crime involving a felony listed under § 17-3-102 , and identify the crime; (9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation; (10) any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution; (11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) arising out of occupational or professional conduct; and (12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any State. (b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another State, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a). The Secretary of State shall accept the application and the certificate from the other State as an application for registration in this State if the application to the other State: (1) was submitted in the other State within six (6) months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current; (2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and (3) was signed by the applicant under penalty of perjury. Amended by Act 2019, No. 990,§ 19, eff. 7/24/2019. Acts 2001, No. 1622, § 5.

(a) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain: (1) the name of the applicant and the address of the applicant's principal place of business; (2) the name of the applicant's business or employer, if applicable; (3) any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application; (4) a description of the applicant's: (A) formal training as an athlete agent; (B) practical experience as an athlete agent; and (C) educational background relating to the applicant's activities as an athlete agent; (5) the names and addresses of three (3) individuals not related to the applicant who are willing to serve as references; (6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five (5) years next preceding the date of submission of the application; (7) the names and addresses of all persons who are: (A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and (B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater; (8) whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this State, would be a crime involving a felony listed under § 17-3-102 , and identify the crime; (9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation; (10) any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution; (11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) arising out of occupational or professional conduct; and (12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any State.

(1) the name of the applicant and the address of the applicant's principal place of business;

(2) the name of the applicant's business or employer, if applicable;

(3) any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;

(4) a description of the applicant's: (A) formal training as an athlete agent; (B) practical experience as an athlete agent; and (C) educational background relating to the applicant's activities as an athlete agent;

(A) formal training as an athlete agent;

(B) practical experience as an athlete agent; and

(C) educational background relating to the applicant's activities as an athlete agent;

(5) the names and addresses of three (3) individuals not related to the applicant who are willing to serve as references;

(6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five (5) years next preceding the date of submission of the application;

(7) the names and addresses of all persons who are: (A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and (B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater;

(A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and

(B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater;

(8) whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this State, would be a crime involving a felony listed under § 17-3-102 , and identify the crime;

(9) whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation;

(10) any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;

(11) any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) arising out of occupational or professional conduct; and

(12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any State.

(b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another State, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a). The Secretary of State shall accept the application and the certificate from the other State as an application for registration in this State if the application to the other State: (1) was submitted in the other State within six (6) months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current; (2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and (3) was signed by the applicant under penalty of perjury.

(1) was submitted in the other State within six (6) months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;

(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and

(3) was signed by the applicant under penalty of perjury.

Amended by Act 2019, No. 990,§ 19, eff. 7/24/2019.

Acts 2001, No. 1622, § 5.
Ark. Code Ann. § 17-33-202 — AR Code / Title 17 / Chapter 33 / Subchapter 2 / Section 17-33-202
Powers and duties
Status: in_force

The HVACR Licensing Board may: (1) Adopt certain rules to ensure the proper administration and enforcement of this chapter; (2) (A) Except as provided in subdivision (2)(B) of this section, adopt a mechanical code and standards for the conduct of HVACR work. (B) A mechanical code or standard adopted under subdivision (2)(A) of this section shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023; (3) Assist and advise the Department of Labor and Licensing on all matters related to the licensing of HVACR maintenance work; (4) Conduct hearings on all matters related to the licensing and inspection of HVACR work; (5) Establish HVACR code inspection programs; (6) Conduct investigations into the qualifications of applicants for licensure at the request of the department; (7) Review applications for examination for a Class A, Class B, Class C, Class D, Class E, and Class L license; (8) Establish by board rule a minimum level of general liability insurance coverage for a license if the board determines that a specific class of license requires insurance coverage; (9) Establish by board rule a maximum of four (4) hours per year of continuing education if the board determines that a specific class of license requires continuing education; (10) Assist and advise the department in other such matters as requested by the department; and (11) Establish fees for the proper administration of the requirements of this chapter. Amended by Act 2023, No. 443,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 978,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1417, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1416, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5433, eff. 7/1/2019. Acts 1991, No. 277, § 3; 1999, No. 465, § 4; 2003, No. 1712, § 1.

The HVACR Licensing Board may:

(1) Adopt certain rules to ensure the proper administration and enforcement of this chapter;

(2) (A) Except as provided in subdivision (2)(B) of this section, adopt a mechanical code and standards for the conduct of HVACR work. (B) A mechanical code or standard adopted under subdivision (2)(A) of this section shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023;

(A) Except as provided in subdivision (2)(B) of this section, adopt a mechanical code and standards for the conduct of HVACR work.

(B) A mechanical code or standard adopted under subdivision (2)(A) of this section shall not prohibit or limit the use of a refrigerant designated as acceptable for use in accordance with 42 U.S.C. § 7671k , as it existed on January 1, 2023, if the equipment containing the refrigerant is listed and installed in accordance with the safety standards and use conditions established in accordance with 40 C.F.R. §§ 82.170 - 82.184 , as they existed on January 1, 2023;

(3) Assist and advise the Department of Labor and Licensing on all matters related to the licensing of HVACR maintenance work;

(4) Conduct hearings on all matters related to the licensing and inspection of HVACR work;

(5) Establish HVACR code inspection programs;

(6) Conduct investigations into the qualifications of applicants for licensure at the request of the department;

(7) Review applications for examination for a Class A, Class B, Class C, Class D, Class E, and Class L license;

(8) Establish by board rule a minimum level of general liability insurance coverage for a license if the board determines that a specific class of license requires insurance coverage;

(9) Establish by board rule a maximum of four (4) hours per year of continuing education if the board determines that a specific class of license requires continuing education;

(10) Assist and advise the department in other such matters as requested by the department; and

(11) Establish fees for the proper administration of the requirements of this chapter.

Amended by Act 2023, No. 443,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 978,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1417, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1416, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5433, eff. 7/1/2019.

Acts 1991, No. 277, § 3; 1999, No. 465, § 4; 2003, No. 1712, § 1.
Ark. Code Ann. § 17-92-1201 — AR Code / Title 17 / Chapter 92 / Subchapter 12 / Section 17-92-1201
Arkansas Pharmacy Audit Bill of Rights
Status: in_force

(a) This subchapter shall be known and may be cited as the "Arkansas Pharmacy Audit Bill of Rights". (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed-care company, an insurance company, a third-party payor, or any entity that represents responsible parties such as companies or groups, the audit shall be conducted in accordance with the following bill of rights: (1) The entity conducting the initial on-site audit shall give the pharmacy notice at least one (1) week before conducting the initial on-site audit for each audit cycle; (2) Any audit that involves clinical or professional judgment shall be conducted by or in consultation with a pharmacist; (3) (A) (i) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not in and of itself constitute fraud. (ii) However, a claim arising under subdivision (b)(3)(A)(i) of this section may be subject to recoupment. (B) A claim arising under subdivision (b)(3)(A)(i) of this section is not subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) (A) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs. (B) However, recoupment of claims under subdivision (b)(5)(A) of this section shall be based on the actual overpayment unless the projection for overpayment or underpayment is part of a settlement by the pharmacy; (6) (A) Where an audit is for a specifically identified problem that has been disclosed to the pharmacy, the audit shall be limited to claims that are identified by prescription number. (B) For an audit other than described in subdivision (b)(6)(A) of this section, an audit shall be limited to twenty-five (25) prescriptions that have been randomly selected. (C) If an audit reveals the necessity for a review of additional claims, the audit shall be conducted on site. (D) Except for audits initiated under subdivision (b)(6)(A) of this section, an entity shall not initiate an audit of a pharmacy more than two (2) times in a calendar year; (7) (A) A recoupment shall not be based on: (i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the Arkansas State Board of Pharmacy; or (ii) (a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy. (b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012. (B) Subdivisions (b)(7)(A)(i) and (ii) of this section do not apply in cases of United States Food and Drug Administration regulation or drug manufacturer safety programs; (8) Recoupment shall only occur following the correction of a claim and shall be limited to amounts paid in excess of amounts payable under the corrected claim; (9) Except for Medicare claims, approval of drug, prescriber, or patient eligibility upon adjudication of a claim shall not be reversed unless the pharmacy or pharmacist obtained the adjudication by fraud or misrepresentation of claim elements; (10) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (11) A pharmacy shall be allowed at least thirty (30) days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (12) The period covered by an audit shall not exceed twenty-four (24) months from the date the claim was submitted to or adjudicated by a managed-care company, an insurance company, a third-party payor, or any entity that represents such companies or groups; (13) Unless otherwise consented to by the pharmacy, an audit shall not be initiated or scheduled during the first seven (7) calendar days of any month due to the high volume of prescriptions filled during that time; (14) (A) The preliminary audit report shall be delivered to the pharmacy within one hundred twenty (120) days after conclusion of the audit. (B) A final audit report shall be delivered to the pharmacy within six (6) months after receipt of the preliminary audit report or the final appeal as provided for in subsection (c) of this section, whichever is later; and (15) Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this section. (d) (1) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. (2) If, following the appeal, the entity finds that an unfavorable audit report or any portion of the unfavorable audit report is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion of the audit report without any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report to the plan sponsor after completion of any review process. (f) (1) The full amount of any recoupment on an audit shall be refunded to the responsible party. (2) Except as provided in subdivision (f)(3) of this section, a charge or assessment for an audit shall not be based, directly or indirectly, on amounts recouped. (3) Subdivision (f)(2) of this section does not prevent the entity conducting the audit from charging or assessing the responsible party, directly or indirectly, based on amounts recouped if both the following conditions are met: (A) The responsible party and the entity have a contract that explicitly states the percentage charge or assessment to the responsible party; and (B) A commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly on amounts recouped. (g) This section does not apply to any audit, review, or investigation that involves alleged fraud, willful misrepresentation, or abuse, including without limitation: (1) Medicaid fraud as defined in § 5-55-111 ; (2) Abuse or fraud as defined in § 20-77-1702 ; or (3) Insurance fraud. (h) The Insurance Commissioner shall: (1) Administer and enforce this subchapter; and (2) Promulgate rules to implement the purposes and requirements of this subchapter. Amended by Act 2021, No. 665,§ 1, eff. 7/28/2021. Acts 2007, No. 843, § 1; 2011, No. 517, §§ 1, 2.

(a) This subchapter shall be known and may be cited as the "Arkansas Pharmacy Audit Bill of Rights".

(b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed-care company, an insurance company, a third-party payor, or any entity that represents responsible parties such as companies or groups, the audit shall be conducted in accordance with the following bill of rights: (1) The entity conducting the initial on-site audit shall give the pharmacy notice at least one (1) week before conducting the initial on-site audit for each audit cycle; (2) Any audit that involves clinical or professional judgment shall be conducted by or in consultation with a pharmacist; (3) (A) (i) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not in and of itself constitute fraud. (ii) However, a claim arising under subdivision (b)(3)(A)(i) of this section may be subject to recoupment. (B) A claim arising under subdivision (b)(3)(A)(i) of this section is not subject to criminal penalties without proof of intent to commit fraud; (4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (5) (A) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs. (B) However, recoupment of claims under subdivision (b)(5)(A) of this section shall be based on the actual overpayment unless the projection for overpayment or underpayment is part of a settlement by the pharmacy; (6) (A) Where an audit is for a specifically identified problem that has been disclosed to the pharmacy, the audit shall be limited to claims that are identified by prescription number. (B) For an audit other than described in subdivision (b)(6)(A) of this section, an audit shall be limited to twenty-five (25) prescriptions that have been randomly selected. (C) If an audit reveals the necessity for a review of additional claims, the audit shall be conducted on site. (D) Except for audits initiated under subdivision (b)(6)(A) of this section, an entity shall not initiate an audit of a pharmacy more than two (2) times in a calendar year; (7) (A) A recoupment shall not be based on: (i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the Arkansas State Board of Pharmacy; or (ii) (a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy. (b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012. (B) Subdivisions (b)(7)(A)(i) and (ii) of this section do not apply in cases of United States Food and Drug Administration regulation or drug manufacturer safety programs; (8) Recoupment shall only occur following the correction of a claim and shall be limited to amounts paid in excess of amounts payable under the corrected claim; (9) Except for Medicare claims, approval of drug, prescriber, or patient eligibility upon adjudication of a claim shall not be reversed unless the pharmacy or pharmacist obtained the adjudication by fraud or misrepresentation of claim elements; (10) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (11) A pharmacy shall be allowed at least thirty (30) days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit; (12) The period covered by an audit shall not exceed twenty-four (24) months from the date the claim was submitted to or adjudicated by a managed-care company, an insurance company, a third-party payor, or any entity that represents such companies or groups; (13) Unless otherwise consented to by the pharmacy, an audit shall not be initiated or scheduled during the first seven (7) calendar days of any month due to the high volume of prescriptions filled during that time; (14) (A) The preliminary audit report shall be delivered to the pharmacy within one hundred twenty (120) days after conclusion of the audit. (B) A final audit report shall be delivered to the pharmacy within six (6) months after receipt of the preliminary audit report or the final appeal as provided for in subsection (c) of this section, whichever is later; and (15) Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.

(1) The entity conducting the initial on-site audit shall give the pharmacy notice at least one (1) week before conducting the initial on-site audit for each audit cycle;

(2) Any audit that involves clinical or professional judgment shall be conducted by or in consultation with a pharmacist;

(3) (A) (i) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not in and of itself constitute fraud. (ii) However, a claim arising under subdivision (b)(3)(A)(i) of this section may be subject to recoupment. (B) A claim arising under subdivision (b)(3)(A)(i) of this section is not subject to criminal penalties without proof of intent to commit fraud;

(A) (i) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not in and of itself constitute fraud. (ii) However, a claim arising under subdivision (b)(3)(A)(i) of this section may be subject to recoupment.

(i) Any clerical or recordkeeping error, such as a typographical error, scrivener's error, or computer error, regarding a required document or record shall not in and of itself constitute fraud.

(ii) However, a claim arising under subdivision (b)(3)(A)(i) of this section may be subject to recoupment.

(B) A claim arising under subdivision (b)(3)(A)(i) of this section is not subject to criminal penalties without proof of intent to commit fraud;

(4) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug;

(5) (A) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs. (B) However, recoupment of claims under subdivision (b)(5)(A) of this section shall be based on the actual overpayment unless the projection for overpayment or underpayment is part of a settlement by the pharmacy;

(A) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs.

(B) However, recoupment of claims under subdivision (b)(5)(A) of this section shall be based on the actual overpayment unless the projection for overpayment or underpayment is part of a settlement by the pharmacy;

(6) (A) Where an audit is for a specifically identified problem that has been disclosed to the pharmacy, the audit shall be limited to claims that are identified by prescription number. (B) For an audit other than described in subdivision (b)(6)(A) of this section, an audit shall be limited to twenty-five (25) prescriptions that have been randomly selected. (C) If an audit reveals the necessity for a review of additional claims, the audit shall be conducted on site. (D) Except for audits initiated under subdivision (b)(6)(A) of this section, an entity shall not initiate an audit of a pharmacy more than two (2) times in a calendar year;

(A) Where an audit is for a specifically identified problem that has been disclosed to the pharmacy, the audit shall be limited to claims that are identified by prescription number.

(B) For an audit other than described in subdivision (b)(6)(A) of this section, an audit shall be limited to twenty-five (25) prescriptions that have been randomly selected.

(C) If an audit reveals the necessity for a review of additional claims, the audit shall be conducted on site.

(D) Except for audits initiated under subdivision (b)(6)(A) of this section, an entity shall not initiate an audit of a pharmacy more than two (2) times in a calendar year;

(7) (A) A recoupment shall not be based on: (i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the Arkansas State Board of Pharmacy; or (ii) (a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy. (b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012. (B) Subdivisions (b)(7)(A)(i) and (ii) of this section do not apply in cases of United States Food and Drug Administration regulation or drug manufacturer safety programs;

(A) A recoupment shall not be based on: (i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the Arkansas State Board of Pharmacy; or (ii) (a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy. (b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012.

(i) Documentation requirements in addition to or exceeding requirements for creating or maintaining documentation prescribed by the Arkansas State Board of Pharmacy; or

(ii) (a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy. (b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012.

(a) A requirement that a pharmacy or pharmacist perform a professional duty in addition to or exceeding professional duties prescribed by the Arkansas State Board of Pharmacy.

(b) This subdivision (b)(7) applies only to audits of claims submitted for payment on or after January 1, 2012.

(B) Subdivisions (b)(7)(A)(i) and (ii) of this section do not apply in cases of United States Food and Drug Administration regulation or drug manufacturer safety programs;

(8) Recoupment shall only occur following the correction of a claim and shall be limited to amounts paid in excess of amounts payable under the corrected claim;

(9) Except for Medicare claims, approval of drug, prescriber, or patient eligibility upon adjudication of a claim shall not be reversed unless the pharmacy or pharmacist obtained the adjudication by fraud or misrepresentation of claim elements;

(10) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity;

(11) A pharmacy shall be allowed at least thirty (30) days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during an audit;

(12) The period covered by an audit shall not exceed twenty-four (24) months from the date the claim was submitted to or adjudicated by a managed-care company, an insurance company, a third-party payor, or any entity that represents such companies or groups;

(13) Unless otherwise consented to by the pharmacy, an audit shall not be initiated or scheduled during the first seven (7) calendar days of any month due to the high volume of prescriptions filled during that time;

(14) (A) The preliminary audit report shall be delivered to the pharmacy within one hundred twenty (120) days after conclusion of the audit. (B) A final audit report shall be delivered to the pharmacy within six (6) months after receipt of the preliminary audit report or the final appeal as provided for in subsection (c) of this section, whichever is later; and

(A) The preliminary audit report shall be delivered to the pharmacy within one hundred twenty (120) days after conclusion of the audit.

(B) A final audit report shall be delivered to the pharmacy within six (6) months after receipt of the preliminary audit report or the final appeal as provided for in subsection (c) of this section, whichever is later; and

(15) Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.

(c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this section.

(d) (1) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity. (2) If, following the appeal, the entity finds that an unfavorable audit report or any portion of the unfavorable audit report is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion of the audit report without any further proceedings.

(1) Each entity conducting an audit shall establish an appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity.

(2) If, following the appeal, the entity finds that an unfavorable audit report or any portion of the unfavorable audit report is unsubstantiated, the entity shall dismiss the audit report or the unsubstantiated portion of the audit report without any further proceedings.

(e) Each entity conducting an audit shall provide a copy of the final audit report to the plan sponsor after completion of any review process.

(f) (1) The full amount of any recoupment on an audit shall be refunded to the responsible party. (2) Except as provided in subdivision (f)(3) of this section, a charge or assessment for an audit shall not be based, directly or indirectly, on amounts recouped. (3) Subdivision (f)(2) of this section does not prevent the entity conducting the audit from charging or assessing the responsible party, directly or indirectly, based on amounts recouped if both the following conditions are met: (A) The responsible party and the entity have a contract that explicitly states the percentage charge or assessment to the responsible party; and (B) A commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly on amounts recouped.

(1) The full amount of any recoupment on an audit shall be refunded to the responsible party.

(2) Except as provided in subdivision (f)(3) of this section, a charge or assessment for an audit shall not be based, directly or indirectly, on amounts recouped.

(3) Subdivision (f)(2) of this section does not prevent the entity conducting the audit from charging or assessing the responsible party, directly or indirectly, based on amounts recouped if both the following conditions are met: (A) The responsible party and the entity have a contract that explicitly states the percentage charge or assessment to the responsible party; and (B) A commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly on amounts recouped.

(A) The responsible party and the entity have a contract that explicitly states the percentage charge or assessment to the responsible party; and

(B) A commission or other payment to an agent or employee of the entity conducting the audit is not based, directly or indirectly on amounts recouped.

(g) This section does not apply to any audit, review, or investigation that involves alleged fraud, willful misrepresentation, or abuse, including without limitation: (1) Medicaid fraud as defined in § 5-55-111 ; (2) Abuse or fraud as defined in § 20-77-1702 ; or (3) Insurance fraud.

(1) Medicaid fraud as defined in § 5-55-111 ;

(2) Abuse or fraud as defined in § 20-77-1702 ; or

(3) Insurance fraud.

(h) The Insurance Commissioner shall: (1) Administer and enforce this subchapter; and (2) Promulgate rules to implement the purposes and requirements of this subchapter.

(1) Administer and enforce this subchapter; and

(2) Promulgate rules to implement the purposes and requirements of this subchapter.

Amended by Act 2021, No. 665,§ 1, eff. 7/28/2021.

Acts 2007, No. 843, § 1; 2011, No. 517, §§ 1, 2.
Ark. Code Ann. § 17-26-602 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-602
Unlawful to perform body art on person under 18 years of age - Documentation and consent
Status: in_force

(a) (1) A person under eighteen (18) years of age shall not undergo body art unless: (A) Written consent is given by the person's parent or legal guardian; (B) The parent or legal guardian is present during the procedure; (C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and (D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license. (2) The artist shall retain for at least two (2) years a copy of a photo identification and a proof of guardianship presented under subdivision (a)(1) of this section. (b) A person shall not perform body art on a person under sixteen (16) years of age, regardless of parental consent, except when piercing the earlobe. (c) It is unlawful for a person to perform body art on the areola or genitalia of a person under eighteen (18) years of age regardless of parental consent. (d) It is unlawful to perform branding on a person under eighteen (18) years of age regardless of parental consent. (e) Regardless of age, the person receiving the body art shall attest to the fact that he or she is not under the influence of drugs or alcohol. (f) Printed and verbal instructions on the care of the skin and the body art shall be given to each person after the procedure, and a copy of the instructions shall be posted in a conspicuous place in the body art establishment. (g) (1) (A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter. (B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian. (2) All records shall be retained for at least two (2) years from the last date recorded in the bound book. (3) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials. (h) (1) Except as provided in subsections (a)-(c) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (h)(1) is guilty of a Class A misdemeanor. (2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony. (3) It is not a defense to a criminal prosecution under subdivision (h)(1) of this section that at the time of the offense the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian. (i) (1) It is unlawful to perform body art in any unlicensed facility. (2) A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (i)(1) of this section is guilty of a Class D felony. (3) A fine collected under this section, less court fees, shall be allocated as follows: (A) Fifty percent (50%) to the State of Arkansas; (B) Twenty-five percent (25%) to the city or county that levied and collected the fine; and (C) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department. (j) A person under eighteen (18) years of age may undergo a permanent cosmetics procedure due to a medical necessity if he or she is given medical consent from a physician in addition to parental consent. Amended by Act 2023, No. 688,§ 8, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 7, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) (1) A person under eighteen (18) years of age shall not undergo body art unless: (A) Written consent is given by the person's parent or legal guardian; (B) The parent or legal guardian is present during the procedure; (C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and (D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license. (2) The artist shall retain for at least two (2) years a copy of a photo identification and a proof of guardianship presented under subdivision (a)(1) of this section.

(1) A person under eighteen (18) years of age shall not undergo body art unless: (A) Written consent is given by the person's parent or legal guardian; (B) The parent or legal guardian is present during the procedure; (C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and (D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license.

(A) Written consent is given by the person's parent or legal guardian;

(B) The parent or legal guardian is present during the procedure;

(C) The person to undergo body art and the parent or legal guardian each provide a valid government-issued form of identification that includes a name, date of birth, and photo; and

(D) The parent or legal guardian presents proof of guardianship that matches the identification given, including without limitation a birth certificate or a court or state record for adoption, legal guardianship, emancipation, or a marriage license.

(2) The artist shall retain for at least two (2) years a copy of a photo identification and a proof of guardianship presented under subdivision (a)(1) of this section.

(b) A person shall not perform body art on a person under sixteen (16) years of age, regardless of parental consent, except when piercing the earlobe.

(c) It is unlawful for a person to perform body art on the areola or genitalia of a person under eighteen (18) years of age regardless of parental consent.

(d) It is unlawful to perform branding on a person under eighteen (18) years of age regardless of parental consent.

(e) Regardless of age, the person receiving the body art shall attest to the fact that he or she is not under the influence of drugs or alcohol.

(f) Printed and verbal instructions on the care of the skin and the body art shall be given to each person after the procedure, and a copy of the instructions shall be posted in a conspicuous place in the body art establishment.

(g) (1) (A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter. (B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian. (2) All records shall be retained for at least two (2) years from the last date recorded in the bound book. (3) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials.

(1) (A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter. (B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian.

(A) In addition to the attestations required in subsections (a) and (e) of this section, records shall be kept of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter.

(B) If the person to undergo body art is under eighteen (18) years of age, the record shall include the printed legal name and signature of the parent or legal guardian.

(2) All records shall be retained for at least two (2) years from the last date recorded in the bound book.

(3) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials.

(h) (1) Except as provided in subsections (a)-(c) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (h)(1) is guilty of a Class A misdemeanor. (2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony. (3) It is not a defense to a criminal prosecution under subdivision (h)(1) of this section that at the time of the offense the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian.

(1) Except as provided in subsections (a)-(c) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (h)(1) is guilty of a Class A misdemeanor.

(2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class D felony.

(3) It is not a defense to a criminal prosecution under subdivision (h)(1) of this section that at the time of the offense the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian.

(i) (1) It is unlawful to perform body art in any unlicensed facility. (2) A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (i)(1) of this section is guilty of a Class D felony. (3) A fine collected under this section, less court fees, shall be allocated as follows: (A) Fifty percent (50%) to the State of Arkansas; (B) Twenty-five percent (25%) to the city or county that levied and collected the fine; and (C) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.

(1) It is unlawful to perform body art in any unlicensed facility.

(2) A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (i)(1) of this section is guilty of a Class D felony.

(3) A fine collected under this section, less court fees, shall be allocated as follows: (A) Fifty percent (50%) to the State of Arkansas; (B) Twenty-five percent (25%) to the city or county that levied and collected the fine; and (C) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.

(A) Fifty percent (50%) to the State of Arkansas;

(B) Twenty-five percent (25%) to the city or county that levied and collected the fine; and

(C) Twenty-five percent (25%) to be deposited into the State Treasury, credited to the Public Health Fund, and used exclusively for the Body Art Program of the department.

(j) A person under eighteen (18) years of age may undergo a permanent cosmetics procedure due to a medical necessity if he or she is given medical consent from a physician in addition to parental consent.

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

Amended by Act 2023, No. 688,§ 7, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-30-102 — AR Code / Title 17 / Chapter 30 / Subchapter 1 / Section 17-30-102
Penalties - Violations
Status: in_force

(a) (1) A person who practices or offers to practice engineering in this state in violation of this chapter and a person using or attempting to use as his or her own the certificate of licensure of another, who gives false evidence of any kind to the State Board of Licensure for Professional Engineers and Professional Surveyors or to any member of the board in obtaining a certificate of licensure, or who falsely impersonates any other practitioner or in any manner falsely implies that he or she is licensed or violates this chapter or the rules of the board is guilty of a misdemeanor. (2) For each offense of which he or she is convicted, the person shall be punished by: (A) A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); (B) Imprisonment not to exceed three (3) months; or (C) Both fine and imprisonment. (3) Each violation and each day of any violation constitutes a separate offense. (b) The following persons are guilty of a Class A misdemeanor for the first offense and a Class D felony for the second or any subsequent offense: (1) A person who practices or offers to practice engineering in this state without being licensed under this chapter; (2) A person, firm, partnership, organization, association, corporation, or other entity using or employing the words "engineer" or "engineering" or any modification or derivative thereof in its name or form or business activity, except as authorized in this chapter; (3) A person presenting or attempting to use the certificate of licensure or the seal of another; (4) A person who gives false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of licensure; (5) A person who falsely impersonates a licensee of like or different name; (6) A person who attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure; (7) A person who practices or offers to practice when not qualified; (8) A person who falsely claims that he or she is licensed or authorized under this chapter; or (9) A person who violates any of the provisions of this chapter. Amended by Act 2019, No. 315,§ 1400, eff. 7/24/2019. Acts 1953, No. 214, § 7; A.S.A. 1947, § 71-1024; Acts 1993, No. 1041, §§ 1, 3; 1995, No. 1296, § 65; 2009, No. 444, § 1.

(a) (1) A person who practices or offers to practice engineering in this state in violation of this chapter and a person using or attempting to use as his or her own the certificate of licensure of another, who gives false evidence of any kind to the State Board of Licensure for Professional Engineers and Professional Surveyors or to any member of the board in obtaining a certificate of licensure, or who falsely impersonates any other practitioner or in any manner falsely implies that he or she is licensed or violates this chapter or the rules of the board is guilty of a misdemeanor. (2) For each offense of which he or she is convicted, the person shall be punished by: (A) A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); (B) Imprisonment not to exceed three (3) months; or (C) Both fine and imprisonment. (3) Each violation and each day of any violation constitutes a separate offense.

(1) A person who practices or offers to practice engineering in this state in violation of this chapter and a person using or attempting to use as his or her own the certificate of licensure of another, who gives false evidence of any kind to the State Board of Licensure for Professional Engineers and Professional Surveyors or to any member of the board in obtaining a certificate of licensure, or who falsely impersonates any other practitioner or in any manner falsely implies that he or she is licensed or violates this chapter or the rules of the board is guilty of a misdemeanor.

(2) For each offense of which he or she is convicted, the person shall be punished by: (A) A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); (B) Imprisonment not to exceed three (3) months; or (C) Both fine and imprisonment.

(A) A fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000);

(B) Imprisonment not to exceed three (3) months; or

(C) Both fine and imprisonment.

(3) Each violation and each day of any violation constitutes a separate offense.

(b) The following persons are guilty of a Class A misdemeanor for the first offense and a Class D felony for the second or any subsequent offense: (1) A person who practices or offers to practice engineering in this state without being licensed under this chapter; (2) A person, firm, partnership, organization, association, corporation, or other entity using or employing the words "engineer" or "engineering" or any modification or derivative thereof in its name or form or business activity, except as authorized in this chapter; (3) A person presenting or attempting to use the certificate of licensure or the seal of another; (4) A person who gives false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of licensure; (5) A person who falsely impersonates a licensee of like or different name; (6) A person who attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure; (7) A person who practices or offers to practice when not qualified; (8) A person who falsely claims that he or she is licensed or authorized under this chapter; or (9) A person who violates any of the provisions of this chapter.

(1) A person who practices or offers to practice engineering in this state without being licensed under this chapter;

(2) A person, firm, partnership, organization, association, corporation, or other entity using or employing the words "engineer" or "engineering" or any modification or derivative thereof in its name or form or business activity, except as authorized in this chapter;

(3) A person presenting or attempting to use the certificate of licensure or the seal of another;

(4) A person who gives false or forged evidence of any kind to the board or to any member of the board in obtaining or attempting to obtain a certificate of licensure;

(5) A person who falsely impersonates a licensee of like or different name;

(6) A person who attempts to use an expired, suspended, revoked, or nonexistent certificate of licensure;

(7) A person who practices or offers to practice when not qualified;

(8) A person who falsely claims that he or she is licensed or authorized under this chapter; or

(9) A person who violates any of the provisions of this chapter.

Amended by Act 2019, No. 315,§ 1400, eff. 7/24/2019.

Acts 1953, No. 214, § 7; A.S.A. 1947, § 71-1024; Acts 1993, No. 1041, §§ 1, 3; 1995, No. 1296, § 65; 2009, No. 444, § 1.
Ark. Code Ann. § 17-87-708 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-708
Penalty
Status: in_force

(a) (1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal, or record or aid or abet in any such sale or fraud; (B) Serve as a medication assistive person under cover of any certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Serve as a medication assistive person unless certified by the Arkansas State Board of Nursing; (D) Use in connection with his or her name any of the following titles, names, or initials if the user is not properly certified under this subchapter: (i) Medication assistive person; (ii) M.A.P.; (iii) Medication aide; (iv) Medication technician; (v) Medication assistant; (vi) Certified medication aide; (vii) C.M.A.; (viii) Medication assistant - Certified; (ix) MA - C; or (x) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter; (E) Serve as a medication assistive person during the time his or her certification is suspended; (F) Conduct an education program for the preparation of medication assistive persons unless the program has been approved by the board; or (G) Otherwise violate any provisions of this subchapter. (2) (A) A misdemeanor under subdivision (a)(1) of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500). (B) Each subsequent offense shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, or by both a fine and imprisonment. (b) (1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) against a person or entity for each violation of this subchapter or rules promulgated under this subchapter. (2) Each day of violation shall be a separate offense. (c) Unless a penalty assessed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid. (d) The penalties permitted in this section shall be in addition to other penalties that may be imposed by the board under this subchapter. Amended by Act 2019, No. 315,§ 1544, eff. 7/24/2019. Acts 2005, No. 1423, § 4; 2007, No. 206, § 2.

(a) (1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal, or record or aid or abet in any such sale or fraud; (B) Serve as a medication assistive person under cover of any certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Serve as a medication assistive person unless certified by the Arkansas State Board of Nursing; (D) Use in connection with his or her name any of the following titles, names, or initials if the user is not properly certified under this subchapter: (i) Medication assistive person; (ii) M.A.P.; (iii) Medication aide; (iv) Medication technician; (v) Medication assistant; (vi) Certified medication aide; (vii) C.M.A.; (viii) Medication assistant - Certified; (ix) MA - C; or (x) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter; (E) Serve as a medication assistive person during the time his or her certification is suspended; (F) Conduct an education program for the preparation of medication assistive persons unless the program has been approved by the board; or (G) Otherwise violate any provisions of this subchapter. (2) (A) A misdemeanor under subdivision (a)(1) of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500). (B) Each subsequent offense shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, or by both a fine and imprisonment.

(1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal, or record or aid or abet in any such sale or fraud; (B) Serve as a medication assistive person under cover of any certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Serve as a medication assistive person unless certified by the Arkansas State Board of Nursing; (D) Use in connection with his or her name any of the following titles, names, or initials if the user is not properly certified under this subchapter: (i) Medication assistive person; (ii) M.A.P.; (iii) Medication aide; (iv) Medication technician; (v) Medication assistant; (vi) Certified medication aide; (vii) C.M.A.; (viii) Medication assistant - Certified; (ix) MA - C; or (x) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter; (E) Serve as a medication assistive person during the time his or her certification is suspended; (F) Conduct an education program for the preparation of medication assistive persons unless the program has been approved by the board; or (G) Otherwise violate any provisions of this subchapter.

(A) Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal, or record or aid or abet in any such sale or fraud;

(B) Serve as a medication assistive person under cover of any certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(C) Serve as a medication assistive person unless certified by the Arkansas State Board of Nursing;

(D) Use in connection with his or her name any of the following titles, names, or initials if the user is not properly certified under this subchapter: (i) Medication assistive person; (ii) M.A.P.; (iii) Medication aide; (iv) Medication technician; (v) Medication assistant; (vi) Certified medication aide; (vii) C.M.A.; (viii) Medication assistant - Certified; (ix) MA - C; or (x) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter;

(i) Medication assistive person;

(ii) M.A.P.;

(iii) Medication aide;

(iv) Medication technician;

(v) Medication assistant;

(vi) Certified medication aide;

(vii) C.M.A.;

(viii) Medication assistant - Certified;

(ix) MA - C; or

(x) Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter;

(E) Serve as a medication assistive person during the time his or her certification is suspended;

(F) Conduct an education program for the preparation of medication assistive persons unless the program has been approved by the board; or

(G) Otherwise violate any provisions of this subchapter.

(2) (A) A misdemeanor under subdivision (a)(1) of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500). (B) Each subsequent offense shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, or by both a fine and imprisonment.

(A) A misdemeanor under subdivision (a)(1) of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500).

(B) Each subsequent offense shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, or by both a fine and imprisonment.

(b) (1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) against a person or entity for each violation of this subchapter or rules promulgated under this subchapter. (2) Each day of violation shall be a separate offense.

(1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) against a person or entity for each violation of this subchapter or rules promulgated under this subchapter.

(2) Each day of violation shall be a separate offense.

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

(d) The penalties permitted in this section shall be in addition to other penalties that may be imposed by the board under this subchapter.

Amended by Act 2019, No. 315,§ 1544, eff. 7/24/2019.

Acts 2005, No. 1423, § 4; 2007, No. 206, § 2.
Ark. Code Ann. § 17-15-203 — AR Code / Title 17 / Chapter 15 / Subchapter 2 / Section 17-15-203
Duties and powers
Status: in_force

(a) (1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall make such rules as may be desirable or necessary for the performance of its duties and for carrying out the purposes of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (2) The board may bring suit in its proper name to enforce, or restrain the violation of, any provision of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (b) (1) In carrying into effect the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq., the board, under the hand of its president and the seal of the board, may: (A) Subpoena witnesses and compel their attendance; and (B) Require the production of books, papers, documents, etc., in a case involving revocation of registration. (2) The president or the secretary may administer oaths or affirmations to witnesses appearing before the board. (3) (A) If a person refuses to obey a subpoena issued by the board or refuses to testify or produce books, papers, or other documents, the board may present its petition to a court of record, setting forth the facts. (B) The court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court to testify or produce the books, papers, and documents as may be deemed necessary and pertinent. (C) A person failing or refusing to obey the subpoena or order of the court may be proceeded against in the same manner as for refusal to obey any other subpoena. (c) The board or a committee thereof is entitled to the services of the Attorney General and the services of the prosecuting attorneys for the county and district in which enforcement is required. The board may employ legal advice necessary for the proper conduct of its affairs. (d) (1) Once a complaint has been received in the office of the board, the board shall send notice in accordance with § 25-15-208(a)(2) to the person or entity allegedly committing the violation informing the person or entity that if the person or entity fails to respond to the notice, the board will hold a hearing on the alleged violation. The board shall take appropriate action upon receiving the reply. (2) (A) (i) After providing notice and a hearing, the board may levy civil penalties, in an amount not to exceed five thousand dollars ($5,000) for each violation, against those individuals or entities found to be in violation of this chapter, § 17-35-101 et seq., § 17-36-101 et seq., or rules promulgated thereunder. (ii) All revenue received under this section shall be deposited into one (1) or more financial institutions in the state and shall be used for the purposes of defraying the expenses of the board as required for carrying out the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (iii) These penalties shall be in addition to other penalties that may be imposed by the board under this chapter, § 17-35-101 et seq., or § 17-36-101 et seq. (iv) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid. (B) All actions taken by the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1959, No. 157, § 2; 1969, No. 334, § 1; A.S.A. 1947, § 71-303; Acts 1993, No. 578, § 2; 1999, No. 1338, § 2; 2009, No. 1367, § 7.

(a) (1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall make such rules as may be desirable or necessary for the performance of its duties and for carrying out the purposes of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (2) The board may bring suit in its proper name to enforce, or restrain the violation of, any provision of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq.

(1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall make such rules as may be desirable or necessary for the performance of its duties and for carrying out the purposes of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq.

(2) The board may bring suit in its proper name to enforce, or restrain the violation of, any provision of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq.

(b) (1) In carrying into effect the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq., the board, under the hand of its president and the seal of the board, may: (A) Subpoena witnesses and compel their attendance; and (B) Require the production of books, papers, documents, etc., in a case involving revocation of registration. (2) The president or the secretary may administer oaths or affirmations to witnesses appearing before the board. (3) (A) If a person refuses to obey a subpoena issued by the board or refuses to testify or produce books, papers, or other documents, the board may present its petition to a court of record, setting forth the facts. (B) The court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court to testify or produce the books, papers, and documents as may be deemed necessary and pertinent. (C) A person failing or refusing to obey the subpoena or order of the court may be proceeded against in the same manner as for refusal to obey any other subpoena.

(1) In carrying into effect the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq., the board, under the hand of its president and the seal of the board, may: (A) Subpoena witnesses and compel their attendance; and (B) Require the production of books, papers, documents, etc., in a case involving revocation of registration.

(A) Subpoena witnesses and compel their attendance; and

(B) Require the production of books, papers, documents, etc., in a case involving revocation of registration.

(2) The president or the secretary may administer oaths or affirmations to witnesses appearing before the board.

(3) (A) If a person refuses to obey a subpoena issued by the board or refuses to testify or produce books, papers, or other documents, the board may present its petition to a court of record, setting forth the facts. (B) The court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court to testify or produce the books, papers, and documents as may be deemed necessary and pertinent. (C) A person failing or refusing to obey the subpoena or order of the court may be proceeded against in the same manner as for refusal to obey any other subpoena.

(A) If a person refuses to obey a subpoena issued by the board or refuses to testify or produce books, papers, or other documents, the board may present its petition to a court of record, setting forth the facts.

(B) The court shall, in a proper case, issue its subpoena to the person requiring his or her attendance before the court to testify or produce the books, papers, and documents as may be deemed necessary and pertinent.

(C) A person failing or refusing to obey the subpoena or order of the court may be proceeded against in the same manner as for refusal to obey any other subpoena.

(c) The board or a committee thereof is entitled to the services of the Attorney General and the services of the prosecuting attorneys for the county and district in which enforcement is required. The board may employ legal advice necessary for the proper conduct of its affairs.

(d) (1) Once a complaint has been received in the office of the board, the board shall send notice in accordance with § 25-15-208(a)(2) to the person or entity allegedly committing the violation informing the person or entity that if the person or entity fails to respond to the notice, the board will hold a hearing on the alleged violation. The board shall take appropriate action upon receiving the reply. (2) (A) (i) After providing notice and a hearing, the board may levy civil penalties, in an amount not to exceed five thousand dollars ($5,000) for each violation, against those individuals or entities found to be in violation of this chapter, § 17-35-101 et seq., § 17-36-101 et seq., or rules promulgated thereunder. (ii) All revenue received under this section shall be deposited into one (1) or more financial institutions in the state and shall be used for the purposes of defraying the expenses of the board as required for carrying out the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (iii) These penalties shall be in addition to other penalties that may be imposed by the board under this chapter, § 17-35-101 et seq., or § 17-36-101 et seq. (iv) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid. (B) All actions taken by the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Once a complaint has been received in the office of the board, the board shall send notice in accordance with § 25-15-208(a)(2) to the person or entity allegedly committing the violation informing the person or entity that if the person or entity fails to respond to the notice, the board will hold a hearing on the alleged violation. The board shall take appropriate action upon receiving the reply.

(2) (A) (i) After providing notice and a hearing, the board may levy civil penalties, in an amount not to exceed five thousand dollars ($5,000) for each violation, against those individuals or entities found to be in violation of this chapter, § 17-35-101 et seq., § 17-36-101 et seq., or rules promulgated thereunder. (ii) All revenue received under this section shall be deposited into one (1) or more financial institutions in the state and shall be used for the purposes of defraying the expenses of the board as required for carrying out the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (iii) These penalties shall be in addition to other penalties that may be imposed by the board under this chapter, § 17-35-101 et seq., or § 17-36-101 et seq. (iv) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid. (B) All actions taken by the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) (i) After providing notice and a hearing, the board may levy civil penalties, in an amount not to exceed five thousand dollars ($5,000) for each violation, against those individuals or entities found to be in violation of this chapter, § 17-35-101 et seq., § 17-36-101 et seq., or rules promulgated thereunder. (ii) All revenue received under this section shall be deposited into one (1) or more financial institutions in the state and shall be used for the purposes of defraying the expenses of the board as required for carrying out the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. (iii) These penalties shall be in addition to other penalties that may be imposed by the board under this chapter, § 17-35-101 et seq., or § 17-36-101 et seq. (iv) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.

(i) After providing notice and a hearing, the board may levy civil penalties, in an amount not to exceed five thousand dollars ($5,000) for each violation, against those individuals or entities found to be in violation of this chapter, § 17-35-101 et seq., § 17-36-101 et seq., or rules promulgated thereunder.

(ii) All revenue received under this section shall be deposited into one (1) or more financial institutions in the state and shall be used for the purposes of defraying the expenses of the board as required for carrying out the provisions of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq.

(iii) These penalties shall be in addition to other penalties that may be imposed by the board under this chapter, § 17-35-101 et seq., or § 17-36-101 et seq.

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

(B) All actions taken by the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1959, No. 157, § 2; 1969, No. 334, § 1; A.S.A. 1947, § 71-303; Acts 1993, No. 578, § 2; 1999, No. 1338, § 2; 2009, No. 1367, § 7.
Ark. Code Ann. § 17-17-208 — AR Code / Title 17 / Chapter 17 / Subchapter 2 / Section 17-17-208
Proceedings
Status: in_force

The Auctioneer's Licensing Board shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1989, No. 266, § 13.

The Auctioneer's Licensing Board shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1989, No. 266, § 13.
Ark. Code Ann. § 17-107-202 — AR Code / Title 17 / Chapter 107 / Subchapter 2 / Section 17-107-202
Organization and proceedings
Status: in_force

(a) (1) Within thirty (30) days after the initial appointment of the members of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, the Governor shall call the first meeting of the board for the purpose of organization. (2) The board shall elect a chair and vice chair at its first regularly scheduled meeting of each calendar year. (3) The board shall meet as frequently as it deems necessary, at such times and places as the board designates. Additional meetings may be held upon call of the Chair of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board or upon written request of four (4) members. (b) A quorum of the board shall consist of four (4) members. (c) The members of the board shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. However, the expenses shall in no case exceed funds available to the board. (d) All proceedings of the board shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) The Department of Health shall provide staff support for the board. Amended by Act 2019, No. 910,§ 4914, eff. 7/1/2019. Acts 2007, No. 174, § 1.

(a) (1) Within thirty (30) days after the initial appointment of the members of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, the Governor shall call the first meeting of the board for the purpose of organization. (2) The board shall elect a chair and vice chair at its first regularly scheduled meeting of each calendar year. (3) The board shall meet as frequently as it deems necessary, at such times and places as the board designates. Additional meetings may be held upon call of the Chair of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board or upon written request of four (4) members.

(1) Within thirty (30) days after the initial appointment of the members of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, the Governor shall call the first meeting of the board for the purpose of organization.

(2) The board shall elect a chair and vice chair at its first regularly scheduled meeting of each calendar year.

(3) The board shall meet as frequently as it deems necessary, at such times and places as the board designates. Additional meetings may be held upon call of the Chair of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board or upon written request of four (4) members.

(b) A quorum of the board shall consist of four (4) members.

(c) The members of the board shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. However, the expenses shall in no case exceed funds available to the board.

(d) All proceedings of the board shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) The Department of Health shall provide staff support for the board.

Amended by Act 2019, No. 910,§ 4914, eff. 7/1/2019.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-17-405 — AR Code / Title 17 / Chapter 17 / Subchapter 4 / Section 17-17-405
Disciplinary hearing - Recovery procedure
Status: in_force

(a) (1) In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred. (2) If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-17-407 . (3) The board shall then direct the licensee to pay that amount to the aggrieved party or parties. (4) (A) If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified. (B) However, the board shall not: (i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or (ii) Pay an amount in excess of the fund balance. (b) The question of whether certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the board. (c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of fifteen thousand dollars ($15,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims. (d) Whether a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the board. (e) When unsatisfied or pending claims exceed the limits payable under subsection (c) of this section, the board shall be the sole determinant of how the available funds shall be allocated among such claims. Acts 1999, No. 227, § 3; 2009, No. 773, § 2.

(a) (1) In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred. (2) If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-17-407 . (3) The board shall then direct the licensee to pay that amount to the aggrieved party or parties. (4) (A) If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified. (B) However, the board shall not: (i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or (ii) Pay an amount in excess of the fund balance.

(1) In any disciplinary hearing before the Auctioneer's Licensing Board that involves a licensee who has allegedly violated any provision of this chapter, the board shall first determine whether a violation has occurred.

(2) If so, the board shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-17-407 .

(3) The board shall then direct the licensee to pay that amount to the aggrieved party or parties.

(4) (A) If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified. (B) However, the board shall not: (i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or (ii) Pay an amount in excess of the fund balance.

(A) If that amount has not been paid within thirty (30) calendar days following entry of the board's final order in the matter and the order has not been appealed to the circuit court, then upon request the board shall pay from the Auctioneer Education and Recovery Fund to the aggrieved party or parties the amount specified.

(B) However, the board shall not: (i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or (ii) Pay an amount in excess of the fund balance.

(i) Pay in excess of fifteen thousand dollars ($15,000) for any one (1) violation or continuing series of violations regardless of the number of licensees who participated in the violation or continuing series of violations; or

(ii) Pay an amount in excess of the fund balance.

(b) The question of whether certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the board.

(c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of fifteen thousand dollars ($15,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims.

(1) The acts of any one (1) licensee; or

(2) Any group of related claims.

(d) Whether a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the board.

(e) When unsatisfied or pending claims exceed the limits payable under subsection (c) of this section, the board shall be the sole determinant of how the available funds shall be allocated among such claims.

Acts 1999, No. 227, § 3; 2009, No. 773, § 2.
Ark. Code Ann. § 17-89-203 — AR Code / Title 17 / Chapter 89 / Subchapter 2 / Section 17-89-203
Powers and duties
Status: in_force

(a) The Arkansas Board of Dispensing Opticians shall: (1) (A) Administer, coordinate, and enforce the provisions of this chapter, evaluate qualifications and supervise the examination of applicants for licensure or registry under this chapter, and investigate complaints, allegations, and charges of practices violating the provisions of this chapter or rules adopted pursuant to this chapter. (B) In evaluating qualifications and supervising the examination of applicants for licensure or registry under this chapter, verify an applicant's qualifications, establish the format and content of examination procedures, administer both the practical and written examinations at least one (1) time each year, and issue a certificate of licensure or certificate of registry to each applicant successfully meeting the qualifications and passing the examination; (2) Establish annually a schedule of examination and license fees based on the Arkansas Board of Dispensing Opticians' financial requirements for the ensuing year; (3) Compile and maintain a book of licensure and a book of registry of all dispensing opticians who are licensed or registered to engage in the business of ophthalmic dispensing in the State of Arkansas, which shall be updated annually. The Arkansas Board of Dispensing Opticians shall annually furnish a copy of the books to the State Board of Optometry and the Ophthalmology Section of the Arkansas Medical Society, Inc.; (4) Register on an annual basis apprentice dispensing opticians together with the licensed or registered dispensing optician by whom they are employed; (5) Prepare and present an annual report of administration, licensure, registry, and investigation to the State Board of Optometry and to the Ophthalmology Section of the Arkansas Medical Society, Inc.; (6) Establish by rules those acts on the part of any person licensed or registered under this chapter which shall constitute improper conduct and grounds for revocation or suspension of a license or registry or refusal to renew the license or registry; (7) Investigate reported violations of this chapter and rules adopted pursuant to this chapter and take such steps as may be necessary to enforce this chapter and the rules; (8) Conduct hearings and keep such records and minutes as are necessary for the orderly dispatch of its functions. The Arkansas Board of Dispensing Opticians shall provide notice to appropriate persons in the manner it considers appropriate of the times and places of all hearings authorized under this chapter; (9) Adopt rules commensurate with the policies of this chapter and for the purpose of carrying this chapter into effect, including, but not limited to, rules which establish ethical standards of ophthalmic dispensing practices, application procedures, and procedures for investigating complaints. Following their adoption, the rules shall govern and control the business conduct of every person licensed or registered under this chapter in this state engaged in ophthalmic dispensing; and (10) Have the discretion to adopt an official seal. (b) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to all authority and procedures of the Arkansas Board of Dispensing Opticians. Amended by Act 2019, No. 315,§ 1548, eff. 7/24/2019. Acts 1981, No. 589, § 6; A.S.A. 1947, § 72-2106; Acts 1993, No. 1087, § 4; 1999, No. 524, § 3.

(a) The Arkansas Board of Dispensing Opticians shall: (1) (A) Administer, coordinate, and enforce the provisions of this chapter, evaluate qualifications and supervise the examination of applicants for licensure or registry under this chapter, and investigate complaints, allegations, and charges of practices violating the provisions of this chapter or rules adopted pursuant to this chapter. (B) In evaluating qualifications and supervising the examination of applicants for licensure or registry under this chapter, verify an applicant's qualifications, establish the format and content of examination procedures, administer both the practical and written examinations at least one (1) time each year, and issue a certificate of licensure or certificate of registry to each applicant successfully meeting the qualifications and passing the examination; (2) Establish annually a schedule of examination and license fees based on the Arkansas Board of Dispensing Opticians' financial requirements for the ensuing year; (3) Compile and maintain a book of licensure and a book of registry of all dispensing opticians who are licensed or registered to engage in the business of ophthalmic dispensing in the State of Arkansas, which shall be updated annually. The Arkansas Board of Dispensing Opticians shall annually furnish a copy of the books to the State Board of Optometry and the Ophthalmology Section of the Arkansas Medical Society, Inc.; (4) Register on an annual basis apprentice dispensing opticians together with the licensed or registered dispensing optician by whom they are employed; (5) Prepare and present an annual report of administration, licensure, registry, and investigation to the State Board of Optometry and to the Ophthalmology Section of the Arkansas Medical Society, Inc.; (6) Establish by rules those acts on the part of any person licensed or registered under this chapter which shall constitute improper conduct and grounds for revocation or suspension of a license or registry or refusal to renew the license or registry; (7) Investigate reported violations of this chapter and rules adopted pursuant to this chapter and take such steps as may be necessary to enforce this chapter and the rules; (8) Conduct hearings and keep such records and minutes as are necessary for the orderly dispatch of its functions. The Arkansas Board of Dispensing Opticians shall provide notice to appropriate persons in the manner it considers appropriate of the times and places of all hearings authorized under this chapter; (9) Adopt rules commensurate with the policies of this chapter and for the purpose of carrying this chapter into effect, including, but not limited to, rules which establish ethical standards of ophthalmic dispensing practices, application procedures, and procedures for investigating complaints. Following their adoption, the rules shall govern and control the business conduct of every person licensed or registered under this chapter in this state engaged in ophthalmic dispensing; and (10) Have the discretion to adopt an official seal.

(1) (A) Administer, coordinate, and enforce the provisions of this chapter, evaluate qualifications and supervise the examination of applicants for licensure or registry under this chapter, and investigate complaints, allegations, and charges of practices violating the provisions of this chapter or rules adopted pursuant to this chapter. (B) In evaluating qualifications and supervising the examination of applicants for licensure or registry under this chapter, verify an applicant's qualifications, establish the format and content of examination procedures, administer both the practical and written examinations at least one (1) time each year, and issue a certificate of licensure or certificate of registry to each applicant successfully meeting the qualifications and passing the examination;

(A) Administer, coordinate, and enforce the provisions of this chapter, evaluate qualifications and supervise the examination of applicants for licensure or registry under this chapter, and investigate complaints, allegations, and charges of practices violating the provisions of this chapter or rules adopted pursuant to this chapter.

(B) In evaluating qualifications and supervising the examination of applicants for licensure or registry under this chapter, verify an applicant's qualifications, establish the format and content of examination procedures, administer both the practical and written examinations at least one (1) time each year, and issue a certificate of licensure or certificate of registry to each applicant successfully meeting the qualifications and passing the examination;

(2) Establish annually a schedule of examination and license fees based on the Arkansas Board of Dispensing Opticians' financial requirements for the ensuing year;

(3) Compile and maintain a book of licensure and a book of registry of all dispensing opticians who are licensed or registered to engage in the business of ophthalmic dispensing in the State of Arkansas, which shall be updated annually. The Arkansas Board of Dispensing Opticians shall annually furnish a copy of the books to the State Board of Optometry and the Ophthalmology Section of the Arkansas Medical Society, Inc.;

(4) Register on an annual basis apprentice dispensing opticians together with the licensed or registered dispensing optician by whom they are employed;

(5) Prepare and present an annual report of administration, licensure, registry, and investigation to the State Board of Optometry and to the Ophthalmology Section of the Arkansas Medical Society, Inc.;

(6) Establish by rules those acts on the part of any person licensed or registered under this chapter which shall constitute improper conduct and grounds for revocation or suspension of a license or registry or refusal to renew the license or registry;

(7) Investigate reported violations of this chapter and rules adopted pursuant to this chapter and take such steps as may be necessary to enforce this chapter and the rules;

(8) Conduct hearings and keep such records and minutes as are necessary for the orderly dispatch of its functions. The Arkansas Board of Dispensing Opticians shall provide notice to appropriate persons in the manner it considers appropriate of the times and places of all hearings authorized under this chapter;

(9) Adopt rules commensurate with the policies of this chapter and for the purpose of carrying this chapter into effect, including, but not limited to, rules which establish ethical standards of ophthalmic dispensing practices, application procedures, and procedures for investigating complaints. Following their adoption, the rules shall govern and control the business conduct of every person licensed or registered under this chapter in this state engaged in ophthalmic dispensing; and

(10) Have the discretion to adopt an official seal.

(b) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to all authority and procedures of the Arkansas Board of Dispensing Opticians.

Amended by Act 2019, No. 315,§ 1548, eff. 7/24/2019.

Acts 1981, No. 589, § 6; A.S.A. 1947, § 72-2106; Acts 1993, No. 1087, § 4; 1999, No. 524, § 3.
Ark. Code Ann. § 17-39-202 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-202
Qualifications
Status: in_force

A polygraph examiner license or an intern polygraph examiner license may be issued to an applicant who: (1) Is at least twenty-one (21) years of age at the time of application; (2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (2), the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience; (4) Is a graduate of a polygraph examiners course approved by the Director of the Division of Arkansas State Police and has satisfactorily completed an internship of not less than six (6) months; (5) Submits two (2) recent passport-style photographs of the applicant; (6) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and (7) (A) (i) Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy. (ii) The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000). (iii) The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination. (B) An applicant who is conducting a polygraph examination solely in the course of his or her employment with a law enforcement agency may submit a letter from the county sheriff, municipal chief of police, or director of a state agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (7). Amended by Act 2019, No. 910,§ 5935, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 12, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 11, eff. 8/16/2013. Acts 1967, No. 413, § 7; A.S.A. 1947, § 71-2207; Acts 1993, No. 1219, § 7.

A polygraph examiner license or an intern polygraph examiner license may be issued to an applicant who:

(1) Is at least twenty-one (21) years of age at the time of application;

(2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (2), the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude.

(i) Felony;

(ii) Class A misdemeanor;

(iii) Crime involving violence; or

(iv) Crime involving moral turpitude.

(B) For purposes of this subdivision (2), the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court;

(3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience;

(4) Is a graduate of a polygraph examiners course approved by the Director of the Division of Arkansas State Police and has satisfactorily completed an internship of not less than six (6) months;

(5) Submits two (2) recent passport-style photographs of the applicant;

(6) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and

(7) (A) (i) Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy. (ii) The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000). (iii) The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination. (B) An applicant who is conducting a polygraph examination solely in the course of his or her employment with a law enforcement agency may submit a letter from the county sheriff, municipal chief of police, or director of a state agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (7).

(A) (i) Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy. (ii) The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000). (iii) The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination.

(i) Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy.

(ii) The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000).

(iii) The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination.

(B) An applicant who is conducting a polygraph examination solely in the course of his or her employment with a law enforcement agency may submit a letter from the county sheriff, municipal chief of police, or director of a state agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (7).

Amended by Act 2019, No. 910,§ 5935, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 12, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 11, eff. 8/16/2013.

Acts 1967, No. 413, § 7; A.S.A. 1947, § 71-2207; Acts 1993, No. 1219, § 7.
Ark. Code Ann. § 17-107-309 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-309
License - Inactive status
Status: in_force

(a) An individual licensed or certified under this chapter may place his or her license or certification on inactive status by notifying the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in writing. (b) (1) The holder of an inactive license or certification is excused from payment of renewal fees and shall not practice in his or her area of licensure or certification in this state. (2) Any individual who engages in the practice of orthotics, pedorthics, or prosthetics or serves as an orthotic assistant, orthotic/prosthetic assistant, or prosthetic assistant while his or her license or certification under this chapter is inactive is considered to be practicing without a license or certification. Practicing without a license or certification is grounds for discipline under § 17-107-310 . (c) The board may restore an inactive license or certification under this chapter if: (1) The holder of the inactive license or certification: (A) Successfully completes the continuing education requirements established by the board; and (B) Complies with rules established by the board; and (2) The current renewal fee is paid by a date specified by the board. Acts 2007, No. 174, § 1.

(a) An individual licensed or certified under this chapter may place his or her license or certification on inactive status by notifying the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in writing.

(b) (1) The holder of an inactive license or certification is excused from payment of renewal fees and shall not practice in his or her area of licensure or certification in this state. (2) Any individual who engages in the practice of orthotics, pedorthics, or prosthetics or serves as an orthotic assistant, orthotic/prosthetic assistant, or prosthetic assistant while his or her license or certification under this chapter is inactive is considered to be practicing without a license or certification. Practicing without a license or certification is grounds for discipline under § 17-107-310 .

(1) The holder of an inactive license or certification is excused from payment of renewal fees and shall not practice in his or her area of licensure or certification in this state.

(2) Any individual who engages in the practice of orthotics, pedorthics, or prosthetics or serves as an orthotic assistant, orthotic/prosthetic assistant, or prosthetic assistant while his or her license or certification under this chapter is inactive is considered to be practicing without a license or certification. Practicing without a license or certification is grounds for discipline under § 17-107-310 .

(c) The board may restore an inactive license or certification under this chapter if: (1) The holder of the inactive license or certification: (A) Successfully completes the continuing education requirements established by the board; and (B) Complies with rules established by the board; and (2) The current renewal fee is paid by a date specified by the board.

(1) The holder of the inactive license or certification: (A) Successfully completes the continuing education requirements established by the board; and (B) Complies with rules established by the board; and

(A) Successfully completes the continuing education requirements established by the board; and

(B) Complies with rules established by the board; and

(2) The current renewal fee is paid by a date specified by the board.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-15-201 — AR Code / Title 17 / Chapter 15 / Subchapter 2 / Section 17-15-201
Members
Status: in_force

(a) (1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall consist of nine (9) members, appointed by the Governor and confirmed by the Senate for terms of five (5) years, or until their successors are duly appointed and qualified. (2) The Governor shall consult professional societies and associations representing the three (3) design professions before making an appointment under this section. (b) (1) Each member of the board shall be a citizen of the United States and a resident of this state. (2) Five (5) members shall be architects of recognized standing who have been engaged in the independent practice of architecture for at least ten (10) years before appointment. (3) (A) Two (2) members shall not be actively engaged in or retired from the profession of architecture, interior design, or landscape architecture. (B) The two (2) members shall represent consumers, and both shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (4) One (1) member shall be a landscape architect licensed by the board under § 17-36-301 et seq. (5) One (1) member shall be a registered interior designer registered by the board under § 17-35-301 et seq. (c) Each member of the board shall receive a certificate of his or her appointment from the Governor and before beginning his or her term of office shall file with the Secretary of State his or her written oath for the faithful discharge of his or her duties. (d) (1) By due process of law, the Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any malfeasance in office. (2) Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in subsection (b) of this section. (3) If the Governor does not name a successor for an unexpired term or fill a vacancy within three (3) months after the term of a member has expired or a vacancy occurred, then the remaining members of the board shall be empowered to, and may, fill the vacancy by electing a member having the qualifications required by subsection (b) of this section to serve out the vacant term. (e) Each member of the board may receive expense reimbursement under § 25-16-901 et seq. Amended by Act 2015, No. 1100,§ 21, eff. 7/22/2015. Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1959, No. 157, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-303; Acts 1997, No. 250, § 124; 1999, No. 1338, § 1; 2009, No. 1367, § 7.

(a) (1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall consist of nine (9) members, appointed by the Governor and confirmed by the Senate for terms of five (5) years, or until their successors are duly appointed and qualified. (2) The Governor shall consult professional societies and associations representing the three (3) design professions before making an appointment under this section.

(1) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall consist of nine (9) members, appointed by the Governor and confirmed by the Senate for terms of five (5) years, or until their successors are duly appointed and qualified.

(2) The Governor shall consult professional societies and associations representing the three (3) design professions before making an appointment under this section.

(b) (1) Each member of the board shall be a citizen of the United States and a resident of this state. (2) Five (5) members shall be architects of recognized standing who have been engaged in the independent practice of architecture for at least ten (10) years before appointment. (3) (A) Two (2) members shall not be actively engaged in or retired from the profession of architecture, interior design, or landscape architecture. (B) The two (2) members shall represent consumers, and both shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (4) One (1) member shall be a landscape architect licensed by the board under § 17-36-301 et seq. (5) One (1) member shall be a registered interior designer registered by the board under § 17-35-301 et seq.

(1) Each member of the board shall be a citizen of the United States and a resident of this state.

(2) Five (5) members shall be architects of recognized standing who have been engaged in the independent practice of architecture for at least ten (10) years before appointment.

(3) (A) Two (2) members shall not be actively engaged in or retired from the profession of architecture, interior design, or landscape architecture. (B) The two (2) members shall represent consumers, and both shall be appointed from the state at large subject to confirmation by the Senate. (C) The two (2) positions may not be held by the same person. 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 profession of architecture, interior design, or landscape architecture.

(B) The two (2) members shall represent consumers, and both shall be appointed from the state at large subject to confirmation by the Senate.

(C) The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.

(4) One (1) member shall be a landscape architect licensed by the board under § 17-36-301 et seq.

(5) One (1) member shall be a registered interior designer registered by the board under § 17-35-301 et seq.

(c) Each member of the board shall receive a certificate of his or her appointment from the Governor and before beginning his or her term of office shall file with the Secretary of State his or her written oath for the faithful discharge of his or her duties.

(d) (1) By due process of law, the Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any malfeasance in office. (2) Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in subsection (b) of this section. (3) If the Governor does not name a successor for an unexpired term or fill a vacancy within three (3) months after the term of a member has expired or a vacancy occurred, then the remaining members of the board shall be empowered to, and may, fill the vacancy by electing a member having the qualifications required by subsection (b) of this section to serve out the vacant term.

(1) By due process of law, the Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any malfeasance in office.

(2) Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the Governor as provided for in subsection (b) of this section.

(3) If the Governor does not name a successor for an unexpired term or fill a vacancy within three (3) months after the term of a member has expired or a vacancy occurred, then the remaining members of the board shall be empowered to, and may, fill the vacancy by electing a member having the qualifications required by subsection (b) of this section to serve out the vacant term.

(e) Each member of the board may receive expense reimbursement under § 25-16-901 et seq.

Amended by Act 2015, No. 1100,§ 21, eff. 7/22/2015.

Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1959, No. 157, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-303; Acts 1997, No. 250, § 124; 1999, No. 1338, § 1; 2009, No. 1367, § 7.
Ark. Code Ann. § 17-92-201 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-201
Members - Qualifications
Status: in_force

(a) The Arkansas State Board of Pharmacy shall consist of eight (8) members, appointed by the Governor for terms of six (6) years: (1) Five (5) members shall be experienced pharmacists who have been actively engaged in the practice of pharmacy for the last five (5) years immediately preceding their appointments, to be appointed by the Governor after consulting the Arkansas Pharmacist's Association and subject to confirmation by the Senate; (2) One (1) member shall be a minority who is a licensed practicing pharmacist in this state, to be appointed by the Governor after consulting the Pharmaceutical Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate; and (3) (A) Two (2) members of the board shall not be actively engaged in or retired from the practice of pharmacy. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large, subject to confirmation by the Senate. Both shall be full voting members but shall not participate in the grading of examinations. (B) The two (2) positions shall not be held by the same person. (b) A member shall hold his or her office until his or her successor shall have been appointed and qualified. (c) (1) In case of a vacancy from death or other cause, the Governor shall appoint a successor with qualifications as set forth in subsection (a) of this section. (2) If a vacancy exists in the minority position due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term in the same manner as is provided for the initial appointment. (d) [Repealed.] Amended by Act 2019, No. 173,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1100,§ 35, eff. 7/22/2015. Acts 1891, No. 50, § 2, p. 80; C. & M. Dig., § 3668; Pope's Dig., § 4604; Acts 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-1002; Acts 1991, No. 1163, § 1; 1997, No. 942, § 1; 1999, No. 105, § 7; 2011, No. 839, § 1.

(a) The Arkansas State Board of Pharmacy shall consist of eight (8) members, appointed by the Governor for terms of six (6) years: (1) Five (5) members shall be experienced pharmacists who have been actively engaged in the practice of pharmacy for the last five (5) years immediately preceding their appointments, to be appointed by the Governor after consulting the Arkansas Pharmacist's Association and subject to confirmation by the Senate; (2) One (1) member shall be a minority who is a licensed practicing pharmacist in this state, to be appointed by the Governor after consulting the Pharmaceutical Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate; and (3) (A) Two (2) members of the board shall not be actively engaged in or retired from the practice of pharmacy. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large, subject to confirmation by the Senate. Both shall be full voting members but shall not participate in the grading of examinations. (B) The two (2) positions shall not be held by the same person.

(1) Five (5) members shall be experienced pharmacists who have been actively engaged in the practice of pharmacy for the last five (5) years immediately preceding their appointments, to be appointed by the Governor after consulting the Arkansas Pharmacist's Association and subject to confirmation by the Senate;

(2) One (1) member shall be a minority who is a licensed practicing pharmacist in this state, to be appointed by the Governor after consulting the Pharmaceutical Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate; and

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

(A) Two (2) members of the board shall not be actively engaged in or retired from the practice of pharmacy. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large, subject to confirmation by the Senate. Both shall be full voting members but shall not participate in the grading of examinations.

(B) The two (2) positions shall not be held by the same person.

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

(c) (1) In case of a vacancy from death or other cause, the Governor shall appoint a successor with qualifications as set forth in subsection (a) of this section. (2) If a vacancy exists in the minority position due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term in the same manner as is provided for the initial appointment.

(1) In case of a vacancy from death or other cause, the Governor shall appoint a successor with qualifications as set forth in subsection (a) of this section.

(2) If a vacancy exists in the minority position due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term in the same manner as is provided for the initial appointment.

(d) [Repealed.]

Amended by Act 2019, No. 173,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1100,§ 35, eff. 7/22/2015.

Acts 1891, No. 50, § 2, p. 80; C. & M. Dig., § 3668; Pope's Dig., § 4604; Acts 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-1002; Acts 1991, No. 1163, § 1; 1997, No. 942, § 1; 1999, No. 105, § 7; 2011, No. 839, § 1.