Ark. Code Ann. § 17-40-102 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-102
Definitions
Status: in_force

As used in this chapter: (1) "Alarm systems agent" means an individual employed by an alarm systems company who sells on site, performs a survey of the premises to be protected, or responds to alarm signal devices, burglar alarms, or cameras; (2) "Alarm systems apprentice" means an individual employed by an alarm systems company who installs, services, or repairs on site and who is supervised by an alarm systems technician, a supervisor of technicians, or a manager; (3) "Alarm systems company" means a person, firm, association, or corporation that for a fee or other valuable consideration installs, services, sells on site, performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (4) "Alarm systems monitor" means an individual employed by an alarm systems company who monitors or responds to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (5) "Alarm systems technician" means an individual employed by an alarm systems company who installs, services, or repairs on site an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (6) "Arkansas Fire Prevention Code" means the International Fire Code, the International Building Code, and the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council, and the rules as amended and adopted by the State Fire Marshal; (7) "Armored car company" means a person that provides armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuables from one place or point to another place or point; (8) (A) "Assistant training administrator" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) The assistant training administrator shall certify to the Director of the Division of Arkansas State Police that the required training has been completed; (9) "Burglar alarm" means a system designed to detect intrusion or unauthorized entry into a building, premises, or area; (10) "Commissioned school security officer" means a private security officer who: (A) Provides security for the school; and (B) Has received an authorization issued by the director to carry a firearm in the course of his or her employment; (11) "Commissioned security officer" means a private security officer to whom an authorization to carry a firearm in the course of his or her employment has been issued by the director; (12) "Consumer reporting agency" means a person that employs an individual who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports; (13) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense, including a conviction that has been sealed or expunged; (14) "Credential" means an authorization granted by the Division of Arkansas State Police to an individual to perform the duties of a private investigator, alarm systems monitor, alarm systems apprentice, alarm systems technician, alarms systems agent, private security officer, commissioned security officer, commissioned school security officer, assistant training administrator, training administrator, training instructor, manager, or branch office manager; (15) "ESA" means the Electronic Security Association; (16) (A) "Firearm" means a device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) "Firearm" includes: (i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section; (17) "Guard company" means a person engaging in the business of providing or undertaking to provide services on a contractual basis for another person and performing one (1) or more of the following or similar functions: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; or (D) Protection of individuals from bodily harm; (18) (A) "Investigations company" means a person or entity that engages in the business or accepts employment to obtain or furnish information with reference to: (i) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (iii) The location, disposition, or recovery of lost or stolen property; (iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (v) The securing of evidence to be used before any court, board, officer, or investigating committee. (B) (i) A Class A investigations company may employ one (1) or more credentialed individuals. (ii) A Class D investigations company may not employ more than one (1) credentialed individual; (19) "License" means a permit granted by the director entitling a person to operate as a security services contractor, an investigations company, or an alarm systems company; (20) "Licensee" means a person to whom a license is granted under this chapter; (21) "Manager" means, in the case of a corporation, an officer or supervisor or, in the case of a partnership, a general or unlimited partner meeting the experience qualifications for managing a security services contractor, private business, or an investigations company; (22) "Monitoring" means to observe, watch, surveil, and make appropriate response to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (23) "NBFAA" means the National Burglar and Fire Alarm Association; (24) "NFPA" means the National Fire Protection Association; (25) "NICET" means the National Institute for Certification in Engineering Technologies; (26) "Person" means an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity; (27) "Private investigator" means a person who engages in the business or accepts employment to obtain or furnish information with reference to: (A) A crime or wrong done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (E) The securing of evidence to be used before a court, board, officer, or investigating committee; (28) "Private school" means the property, grounds, or students of a private school for grades prekindergarten through twelve (preK-12), including a daycare program operated by the school; (29) "Private security officer" means an individual employed by a security services contractor or the security department of a private business or armored car company to perform at least one (1) of the following duties: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; (D) Protection of individuals from bodily harm; or (E) Providing of armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuable items from one place to another place; (30) "Public charter school" means a conversion public charter school, an open-enrollment public charter school, or a limited public charter school; (31) "School" means a school district, public charter school, or private school, including any daycare program operated by the school; (32) "School district" means the property, grounds, or students of a school for grades prekindergarten through twelve (preK-12), including any daycare program operated by the school; (33) "Security department of a private business or school" means the security department of a person or school if the general purpose of the security department is the protection and security of its own property, grounds, or students and if it does not offer or provide security services to any other person or school; (34) "Security services contractor" means a guard company or armored car company; (35) "Single-station alarm systems company" means a person that for a fee or other valuable consideration installs, services, or sells on site fire, smoke, or heat detectors to be installed in a one-family or two-family dwelling or that performs a survey of the premises to be protected if the detectors are single-station installations and not a part of or connected to any other detection device or system; (36) "Supervisor of technicians" means an individual employed by an alarm systems company who supervises alarm systems technicians or alarm systems apprentices and who may install, service, or repair on site, or who performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity; (37) (A) "Training administrator" means a person employed by a licensed company designated by a Class B, Class C, or Class G company designation or by the security department of a private business to conduct training for the security personnel. (B) The training administrator shall certify to the director that the required training has been completed; (38) (A) "Training instructor" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) However, a training instructor shall not certify that the required training has been completed; and (39) "Undercover agent" means an individual hired by another individual, partnership, corporation, or other business entity to perform a job for that individual, partnership, corporation, or other business entity and, while performing the job, to act as an undercover agent, employee, or independent contractor of a licensee, and supervised by a licensee. Amended by Act 2019, No. 910,§ 5960, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5959, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 40, eff. 9/1/2015. Acts 1977, No. 429, § 2; 1979, No. 907, §§ 1-3; 1983, No. 899, §§ 1, 2; 1985, No. 1004, §§ 13-15; A.S.A. 1947, § 71-2123; Acts 1989, No. 651, § 1; 1989, No. 926, § 1; 1999, No. 1493, § 1; 2001, No. 1474, § 1.

As used in this chapter:

(1) "Alarm systems agent" means an individual employed by an alarm systems company who sells on site, performs a survey of the premises to be protected, or responds to alarm signal devices, burglar alarms, or cameras;

(2) "Alarm systems apprentice" means an individual employed by an alarm systems company who installs, services, or repairs on site and who is supervised by an alarm systems technician, a supervisor of technicians, or a manager;

(3) "Alarm systems company" means a person, firm, association, or corporation that for a fee or other valuable consideration installs, services, sells on site, performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(4) "Alarm systems monitor" means an individual employed by an alarm systems company who monitors or responds to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(5) "Alarm systems technician" means an individual employed by an alarm systems company who installs, services, or repairs on site an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(6) "Arkansas Fire Prevention Code" means the International Fire Code, the International Building Code, and the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council, and the rules as amended and adopted by the State Fire Marshal;

(7) "Armored car company" means a person that provides armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuables from one place or point to another place or point;

(8) (A) "Assistant training administrator" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) The assistant training administrator shall certify to the Director of the Division of Arkansas State Police that the required training has been completed;

(A) "Assistant training administrator" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel.

(B) The assistant training administrator shall certify to the Director of the Division of Arkansas State Police that the required training has been completed;

(9) "Burglar alarm" means a system designed to detect intrusion or unauthorized entry into a building, premises, or area;

(10) "Commissioned school security officer" means a private security officer who: (A) Provides security for the school; and (B) Has received an authorization issued by the director to carry a firearm in the course of his or her employment;

(A) Provides security for the school; and

(B) Has received an authorization issued by the director to carry a firearm in the course of his or her employment;

(11) "Commissioned security officer" means a private security officer to whom an authorization to carry a firearm in the course of his or her employment has been issued by the director;

(12) "Consumer reporting agency" means a person that employs an individual who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports;

(13) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense, including a conviction that has been sealed or expunged;

(14) "Credential" means an authorization granted by the Division of Arkansas State Police to an individual to perform the duties of a private investigator, alarm systems monitor, alarm systems apprentice, alarm systems technician, alarms systems agent, private security officer, commissioned security officer, commissioned school security officer, assistant training administrator, training administrator, training instructor, manager, or branch office manager;

(15) "ESA" means the Electronic Security Association;

(16) (A) "Firearm" means a device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. (B) "Firearm" includes: (i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section;

(A) "Firearm" means a device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

(B) "Firearm" includes: (i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and (ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section;

(i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and

(ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section;

(17) "Guard company" means a person engaging in the business of providing or undertaking to provide services on a contractual basis for another person and performing one (1) or more of the following or similar functions: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; or (D) Protection of individuals from bodily harm;

(A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

(B) Prevention, observation, or detection of any unauthorized activity on private property;

(C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; or

(D) Protection of individuals from bodily harm;

(18) (A) "Investigations company" means a person or entity that engages in the business or accepts employment to obtain or furnish information with reference to: (i) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (iii) The location, disposition, or recovery of lost or stolen property; (iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (v) The securing of evidence to be used before any court, board, officer, or investigating committee. (B) (i) A Class A investigations company may employ one (1) or more credentialed individuals. (ii) A Class D investigations company may not employ more than one (1) credentialed individual;

(A) "Investigations company" means a person or entity that engages in the business or accepts employment to obtain or furnish information with reference to: (i) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (iii) The location, disposition, or recovery of lost or stolen property; (iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (v) The securing of evidence to be used before any court, board, officer, or investigating committee.

(i) Crime or wrongs done or threatened against the United States or any state or territory of the United States;

(ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person;

(iii) The location, disposition, or recovery of lost or stolen property;

(iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or

(v) The securing of evidence to be used before any court, board, officer, or investigating committee.

(B) (i) A Class A investigations company may employ one (1) or more credentialed individuals. (ii) A Class D investigations company may not employ more than one (1) credentialed individual;

(i) A Class A investigations company may employ one (1) or more credentialed individuals.

(ii) A Class D investigations company may not employ more than one (1) credentialed individual;

(19) "License" means a permit granted by the director entitling a person to operate as a security services contractor, an investigations company, or an alarm systems company;

(20) "Licensee" means a person to whom a license is granted under this chapter;

(21) "Manager" means, in the case of a corporation, an officer or supervisor or, in the case of a partnership, a general or unlimited partner meeting the experience qualifications for managing a security services contractor, private business, or an investigations company;

(22) "Monitoring" means to observe, watch, surveil, and make appropriate response to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(23) "NBFAA" means the National Burglar and Fire Alarm Association;

(24) "NFPA" means the National Fire Protection Association;

(25) "NICET" means the National Institute for Certification in Engineering Technologies;

(26) "Person" means an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity;

(27) "Private investigator" means a person who engages in the business or accepts employment to obtain or furnish information with reference to: (A) A crime or wrong done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person; (C) The location, disposition, or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or (E) The securing of evidence to be used before a court, board, officer, or investigating committee;

(A) A crime or wrong done or threatened against the United States or any state or territory of the United States;

(B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person;

(C) The location, disposition, or recovery of lost or stolen property;

(D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or

(E) The securing of evidence to be used before a court, board, officer, or investigating committee;

(28) "Private school" means the property, grounds, or students of a private school for grades prekindergarten through twelve (preK-12), including a daycare program operated by the school;

(29) "Private security officer" means an individual employed by a security services contractor or the security department of a private business or armored car company to perform at least one (1) of the following duties: (A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property; (B) Prevention, observation, or detection of any unauthorized activity on private property; (C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; (D) Protection of individuals from bodily harm; or (E) Providing of armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuable items from one place to another place;

(A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

(B) Prevention, observation, or detection of any unauthorized activity on private property;

(C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property;

(D) Protection of individuals from bodily harm; or

(E) Providing of armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuable items from one place to another place;

(30) "Public charter school" means a conversion public charter school, an open-enrollment public charter school, or a limited public charter school;

(31) "School" means a school district, public charter school, or private school, including any daycare program operated by the school;

(32) "School district" means the property, grounds, or students of a school for grades prekindergarten through twelve (preK-12), including any daycare program operated by the school;

(33) "Security department of a private business or school" means the security department of a person or school if the general purpose of the security department is the protection and security of its own property, grounds, or students and if it does not offer or provide security services to any other person or school;

(34) "Security services contractor" means a guard company or armored car company;

(35) "Single-station alarm systems company" means a person that for a fee or other valuable consideration installs, services, or sells on site fire, smoke, or heat detectors to be installed in a one-family or two-family dwelling or that performs a survey of the premises to be protected if the detectors are single-station installations and not a part of or connected to any other detection device or system;

(36) "Supervisor of technicians" means an individual employed by an alarm systems company who supervises alarm systems technicians or alarm systems apprentices and who may install, service, or repair on site, or who performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(37) (A) "Training administrator" means a person employed by a licensed company designated by a Class B, Class C, or Class G company designation or by the security department of a private business to conduct training for the security personnel. (B) The training administrator shall certify to the director that the required training has been completed;

(A) "Training administrator" means a person employed by a licensed company designated by a Class B, Class C, or Class G company designation or by the security department of a private business to conduct training for the security personnel.

(B) The training administrator shall certify to the director that the required training has been completed;

(38) (A) "Training instructor" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel. (B) However, a training instructor shall not certify that the required training has been completed; and

(A) "Training instructor" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel.

(B) However, a training instructor shall not certify that the required training has been completed; and

(39) "Undercover agent" means an individual hired by another individual, partnership, corporation, or other business entity to perform a job for that individual, partnership, corporation, or other business entity and, while performing the job, to act as an undercover agent, employee, or independent contractor of a licensee, and supervised by a licensee.

Amended by Act 2019, No. 910,§ 5960, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5959, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 40, eff. 9/1/2015.

Acts 1977, No. 429, § 2; 1979, No. 907, §§ 1-3; 1983, No. 899, §§ 1, 2; 1985, No. 1004, §§ 13-15; A.S.A. 1947, § 71-2123; Acts 1989, No. 651, § 1; 1989, No. 926, § 1; 1999, No. 1493, § 1; 2001, No. 1474, § 1.
Ark. Code Ann. § 17-100-206 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-206
Disposition of funds - Reports
Status: in_force

(a) All fees and other funds received by the Board of Examiners in Speech-Language Pathology and Audiology shall be deposited into a bank account in the name of the board in one (1) or more banks in this state and shall be used by the board exclusively for payment to the Department of Health of reasonable and necessary salaries, maintenance, and operating expenses in the performance of duties imposed on the board under the provisions of this chapter or the payment of the salary of the Director of the Board of Examiners in Speech-Language Pathology and Audiology. (b) The board shall report monthly to the Department of Health and the Department of Finance and Administration the amount and source of all revenue received by it pursuant to this chapter during the preceding month. (c) All appropriate expenses incurred by the board in the administration of the provisions of this chapter shall be paid when vouchers relating to such expenses are exhibited as having been approved by the board. (d) (1) The board shall be financed from income accruing from fees, licenses, and other income collected by the board. (2) All expenses, which may include full or partial financing of continuing professional education programs adopted by the board under § 17-100-306 , and the salary of the director shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law. (3) All employee salary reimbursement amounts shall be determined by the Department of Health and shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law. (e) The board will have the authority to establish and change fees for application, examination, renewal, inactivation, reactivation, and delinquency purposes. Amended by Act 2019, No. 910,§ 4907, eff. 7/1/2019. Amended by Act 2013, No. 219,§ 5, eff. 8/16/2013. Acts 1975, No. 277, §§ 5, 17; A.S.A. 1947, §§ 72-1805, 72-1817.

(a) All fees and other funds received by the Board of Examiners in Speech-Language Pathology and Audiology shall be deposited into a bank account in the name of the board in one (1) or more banks in this state and shall be used by the board exclusively for payment to the Department of Health of reasonable and necessary salaries, maintenance, and operating expenses in the performance of duties imposed on the board under the provisions of this chapter or the payment of the salary of the Director of the Board of Examiners in Speech-Language Pathology and Audiology.

(b) The board shall report monthly to the Department of Health and the Department of Finance and Administration the amount and source of all revenue received by it pursuant to this chapter during the preceding month.

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

(d) (1) The board shall be financed from income accruing from fees, licenses, and other income collected by the board. (2) All expenses, which may include full or partial financing of continuing professional education programs adopted by the board under § 17-100-306 , and the salary of the director shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law. (3) All employee salary reimbursement amounts shall be determined by the Department of Health and shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.

(1) The board shall be financed from income accruing from fees, licenses, and other income collected by the board.

(2) All expenses, which may include full or partial financing of continuing professional education programs adopted by the board under § 17-100-306 , and the salary of the director shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.

(3) All employee salary reimbursement amounts shall be determined by the Department of Health and shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.

(e) The board will have the authority to establish and change fees for application, examination, renewal, inactivation, reactivation, and delinquency purposes.

Amended by Act 2019, No. 910,§ 4907, eff. 7/1/2019.

Amended by Act 2013, No. 219,§ 5, eff. 8/16/2013.

Acts 1975, No. 277, §§ 5, 17; A.S.A. 1947, §§ 72-1805, 72-1817.
Ark. Code Ann. § 17-102-303 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-303
Unlawful practice - Penalty - Injunction
Status: in_force

(a) Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under the provisions of this chapter: (1) To practice or offer to practice acupuncture and related techniques; or (2) To use any sign, card, or device to indicate that the person is an acupuncturist. (b) Except as otherwise provided in this chapter, any person who shall attempt to practice acupuncture and related techniques as defined in this chapter without having first been licensed or otherwise permitted under the provisions of this chapter to do so, shall be deemed guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense. (c) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of acupuncture and related techniques in a proceeding by the Arkansas State Board of Acupuncture and Related Techniques or any member thereof or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution. Acts 1997, No. 816, § 16.

(a) Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under the provisions of this chapter: (1) To practice or offer to practice acupuncture and related techniques; or (2) To use any sign, card, or device to indicate that the person is an acupuncturist.

(1) To practice or offer to practice acupuncture and related techniques; or

(2) To use any sign, card, or device to indicate that the person is an acupuncturist.

(b) Except as otherwise provided in this chapter, any person who shall attempt to practice acupuncture and related techniques as defined in this chapter without having first been licensed or otherwise permitted under the provisions of this chapter to do so, shall be deemed guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense.

(c) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of acupuncture and related techniques in a proceeding by the Arkansas State Board of Acupuncture and Related Techniques or any member thereof or by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.

Acts 1997, No. 816, § 16.
Ark. Code Ann. § 17-24-502 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-502
Definitions
Status: in_force

As used in this subchapter: (1) "Communication" means the conveying of information regarding a debt directly or indirectly to a person; (2) "Consumer" means a natural person obligated or allegedly obligated to pay a debt; (3) (A) "Creditor" means a person: (i) Who offers or extends credit, creating a debt; or (ii) To whom a debt is owed. (B) "Creditor" does not include a person to the extent that he or she receives an assignment or transfer of a debt in default solely to facilitate collection of the debt for another; (4) "Debt" means an obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes, whether or not the obligation has been reduced to judgment; (5) (A) "Debt collector" means a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the collection of debts or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. (B) Except as provided in subdivision (5)(D)(vi) of this section, "debt collector" includes a creditor who, in the process of collecting his or her own debts, uses a name other than his or her own that would indicate that a third person is collecting or attempting to collect the debts. (C) As used in § 17-24-507(b)(6) , "debt collector" includes a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the enforcement of security interests. (D) "Debt collector" does not include any: (i) Officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor; (ii) Person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts; (iii) Officer or employee of the United States or a state to the extent that collecting or attempting to collect a debt is in the performance of his or her official duties; (iv) Person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt; (v) Nonprofit organization that, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from the consumers and distributing the amounts to creditors; or (vi) Person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the collection activity: (a) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (b) Concerns a debt that was originated by the person; (c) Concerns a debt that was not in default at the time it was obtained by the person; or (d) Concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor; and (6) "Location information" means: (A) A consumer's place of abode and his or her telephone number at the consumer's place of abode; or (B) The consumer's place of employment. Acts 2009, No. 1455, § 1.

As used in this subchapter:

(1) "Communication" means the conveying of information regarding a debt directly or indirectly to a person;

(2) "Consumer" means a natural person obligated or allegedly obligated to pay a debt;

(3) (A) "Creditor" means a person: (i) Who offers or extends credit, creating a debt; or (ii) To whom a debt is owed. (B) "Creditor" does not include a person to the extent that he or she receives an assignment or transfer of a debt in default solely to facilitate collection of the debt for another;

(A) "Creditor" means a person: (i) Who offers or extends credit, creating a debt; or (ii) To whom a debt is owed.

(i) Who offers or extends credit, creating a debt; or

(ii) To whom a debt is owed.

(B) "Creditor" does not include a person to the extent that he or she receives an assignment or transfer of a debt in default solely to facilitate collection of the debt for another;

(4) "Debt" means an obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services that are the subject of the transaction are primarily for personal, family, or household purposes, whether or not the obligation has been reduced to judgment;

(5) (A) "Debt collector" means a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the collection of debts or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. (B) Except as provided in subdivision (5)(D)(vi) of this section, "debt collector" includes a creditor who, in the process of collecting his or her own debts, uses a name other than his or her own that would indicate that a third person is collecting or attempting to collect the debts. (C) As used in § 17-24-507(b)(6) , "debt collector" includes a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the enforcement of security interests. (D) "Debt collector" does not include any: (i) Officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor; (ii) Person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts; (iii) Officer or employee of the United States or a state to the extent that collecting or attempting to collect a debt is in the performance of his or her official duties; (iv) Person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt; (v) Nonprofit organization that, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from the consumers and distributing the amounts to creditors; or (vi) Person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the collection activity: (a) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (b) Concerns a debt that was originated by the person; (c) Concerns a debt that was not in default at the time it was obtained by the person; or (d) Concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor; and

(A) "Debt collector" means a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the collection of debts or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

(B) Except as provided in subdivision (5)(D)(vi) of this section, "debt collector" includes a creditor who, in the process of collecting his or her own debts, uses a name other than his or her own that would indicate that a third person is collecting or attempting to collect the debts.

(C) As used in § 17-24-507(b)(6) , "debt collector" includes a person who uses an instrumentality of interstate commerce or the mails in a business whose principal purpose is the enforcement of security interests.

(D) "Debt collector" does not include any: (i) Officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor; (ii) Person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts; (iii) Officer or employee of the United States or a state to the extent that collecting or attempting to collect a debt is in the performance of his or her official duties; (iv) Person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt; (v) Nonprofit organization that, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from the consumers and distributing the amounts to creditors; or (vi) Person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the collection activity: (a) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (b) Concerns a debt that was originated by the person; (c) Concerns a debt that was not in default at the time it was obtained by the person; or (d) Concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor; and

(i) Officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor;

(ii) Person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts;

(iii) Officer or employee of the United States or a state to the extent that collecting or attempting to collect a debt is in the performance of his or her official duties;

(iv) Person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt;

(v) Nonprofit organization that, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from the consumers and distributing the amounts to creditors; or

(vi) Person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the collection activity: (a) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (b) Concerns a debt that was originated by the person; (c) Concerns a debt that was not in default at the time it was obtained by the person; or (d) Concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor; and

(a) Is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;

(b) Concerns a debt that was originated by the person;

(c) Concerns a debt that was not in default at the time it was obtained by the person; or

(d) Concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor; and

(6) "Location information" means: (A) A consumer's place of abode and his or her telephone number at the consumer's place of abode; or (B) The consumer's place of employment.

(A) A consumer's place of abode and his or her telephone number at the consumer's place of abode; or

(B) The consumer's place of employment.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-1-105 — AR Code / Title 17 / Chapter 1 / Section 17-1-105
Notification of mandatory reporters
Status: in_force

Each board, commission, or other entity that licenses mandatory reporters of child abuse and neglect shall provide notice to each licensee concerning the online and web-based child abuse reporting program required under § 16-10-138 [repealed]. Acts 2007, No. 703, § 16.

Each board, commission, or other entity that licenses mandatory reporters of child abuse and neglect shall provide notice to each licensee concerning the online and web-based child abuse reporting program required under § 16-10-138 [repealed].

Acts 2007, No. 703, § 16.
Ark. Code Ann. § 17-101-102 — AR Code / Title 17 / Chapter 101 / Subchapter 1 / Section 17-101-102
Definitions
Status: in_force

As used in this chapter: (1) "Accredited or approved college of veterinary medicine" means any veterinary college or any division of a university or college that offers the degree of Doctor of Veterinary Medicine, or its equivalent, and that conforms to the standards required for accreditation or approval by the American Veterinary Medical Association; (2) "Animal" means any member of the animal kingdom, other than humans, whether living or dead; (3) "Collaborating veterinarian" means a veterinarian licensed under this chapter who enters into a collaborative practice agreement with a veterinary technician specialist and who resides and practices in this state; and (4) "Collaborative practice agreement" means a written plan that identifies a veterinarian and a veterinary technician specialist who agree to collaborate together in the joint management of the health care of the veterinarian's animal patients and that outlines procedures for consultation with or referral to the collaborating veterinarian or other healthcare professionals as indicated by an animal patient's healthcare needs; (5) "Direct supervision" or "direct personal supervision" means the licensed veterinarian must be on-site and instantly available for consultation; (6) "Educational Commission for Foreign Veterinary Graduates Certificate" means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates indicating that the holder has demonstrated knowledge and skills equivalent to those possessed by a graduate of an accredited or approved college of veterinary medicine; (7) "Immediate supervision" means observation, in the immediate vicinity, with the opportunity for the licensed veterinarian to advise or physically intervene in each procedure; (8) (A) "Indirect supervision" means the licensed veterinarian is not physically present but has given written or oral instructions for the treatment of the animal and is readily available for communication either in person or through use of electronic information and communication technology. (B) "Indirect supervision" does not include the administration of a Schedule II controlled substance. (C) A veterinarian shall retain control of and authority over the care of the animal during indirect supervision; (9) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state as a general practitioner or in a specialty area as the Arkansas Livestock and Poultry Commission may by rule provide; (10) "Person" means any individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assigning agent, factor, servant, employee, director, officer, or any other representative of such a person; (11) "Practice of veterinary medicine" means: (A) The diagnosis, treatment, correction, change, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental condition, including the prescribing or administration of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on any animal, including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to tender service or recommendations with regard to any of the above; (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (11)(A) of this section; (C) The use of any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (11)(A) of this section. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; and (D) Collecting blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (i) Unlicensed personnel employed by the United States Department of Agriculture or the Arkansas Livestock and Poultry Commission in disease control programs carried out under the authority of the United States Department of Agriculture or the State of Arkansas; and (ii) Veterinary technicians or veterinary technologists acting under the indirect supervision of a veterinarian as set forth in § 17-101-306(d) except for collecting samples for state or federal tests requiring that the licensed veterinarian draw the sample; (12) "Specialized veterinary technology" means the performance of all aspects of medical care, services, diagnosis, prognosis, and the administration of appliances and prescribed drugs, medications, and treatment of an animal patient under the direct supervision, indirect supervision, or immediate supervision of a collaborating veterinarian; (13) "Veterinarian" means a person who has received a professional degree from a college of veterinary medicine or any person who is licensed to practice veterinary medicine in this state; (14) "Veterinarian-client-patient relationship" means: (A) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the client, that is, the owner or caretaker, has agreed to follow the instruction of the veterinarian; (B) (i) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. (ii) This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal, by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen or therapy; (15) "Veterinary medicine" includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches or specialties of veterinary practice; (16) "Veterinary premises" means any place or unit from which the practice of veterinary medicine is conducted; (17) "Veterinary technician" means a person who: (A) Has received an associate degree or its equivalent from a college-level program accredited by the American Veterinary Medical Association; and (B) Provides veterinary services under the supervision and direction of a licensed veterinarian who is responsible for the performance of that veterinary technician; (18) "Veterinary technician specialist" means a veterinary technician or veterinary technologist who has completed a formal process of education, training, experience, and testing through a specialty academy approved by the Committee on Veterinary Technician Specialties of the National Association of Veterinary Technicians in America; (19) "Veterinary technologist" means a person who performs veterinary technology services and is a graduate of a four-year baccalaureate program accredited by the American Veterinary Medical Association; and (20) (A) "Veterinary technology" means the performance of all aspects of medical care, services, and treatment of an animal where a veterinary-client-patient relationship has been established. (B) "Veterinary technology" does not include diagnosis, prognosis, surgery, or the prescription of appliances, drugs, medications, or treatment unless otherwise determined by the Arkansas Livestock and Poultry Commission. (C) A veterinarian shall retain control of and authority over the care of the animal during the practice of veterinary technology. Amended by Act 2023, No. 161,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 691,§ 146, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 145, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1655, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 57, eff. 7/24/2019. Amended by Act 2019, No. 169,§ 1, eff. 7/24/2019. Acts 1975, No. 650, § 2; A.S.A. 1947, § 72-1133; Acts 1987, No. 60, § 1; 1993, No. 1198, § 1; 2001, No. 1741, § 1.

As used in this chapter:

(1) "Accredited or approved college of veterinary medicine" means any veterinary college or any division of a university or college that offers the degree of Doctor of Veterinary Medicine, or its equivalent, and that conforms to the standards required for accreditation or approval by the American Veterinary Medical Association;

(2) "Animal" means any member of the animal kingdom, other than humans, whether living or dead;

(3) "Collaborating veterinarian" means a veterinarian licensed under this chapter who enters into a collaborative practice agreement with a veterinary technician specialist and who resides and practices in this state; and

(4) "Collaborative practice agreement" means a written plan that identifies a veterinarian and a veterinary technician specialist who agree to collaborate together in the joint management of the health care of the veterinarian's animal patients and that outlines procedures for consultation with or referral to the collaborating veterinarian or other healthcare professionals as indicated by an animal patient's healthcare needs;

(5) "Direct supervision" or "direct personal supervision" means the licensed veterinarian must be on-site and instantly available for consultation;

(6) "Educational Commission for Foreign Veterinary Graduates Certificate" means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates indicating that the holder has demonstrated knowledge and skills equivalent to those possessed by a graduate of an accredited or approved college of veterinary medicine;

(7) "Immediate supervision" means observation, in the immediate vicinity, with the opportunity for the licensed veterinarian to advise or physically intervene in each procedure;

(8) (A) "Indirect supervision" means the licensed veterinarian is not physically present but has given written or oral instructions for the treatment of the animal and is readily available for communication either in person or through use of electronic information and communication technology. (B) "Indirect supervision" does not include the administration of a Schedule II controlled substance. (C) A veterinarian shall retain control of and authority over the care of the animal during indirect supervision;

(A) "Indirect supervision" means the licensed veterinarian is not physically present but has given written or oral instructions for the treatment of the animal and is readily available for communication either in person or through use of electronic information and communication technology.

(B) "Indirect supervision" does not include the administration of a Schedule II controlled substance.

(C) A veterinarian shall retain control of and authority over the care of the animal during indirect supervision;

(9) "Licensed veterinarian" means a person who is validly and currently licensed to practice veterinary medicine in this state as a general practitioner or in a specialty area as the Arkansas Livestock and Poultry Commission may by rule provide;

(10) "Person" means any individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert, and whether or not acting as principal, trustee, fiduciary, receiver, or as any kind of legal or personal representative, or as the successor in interest, assigning agent, factor, servant, employee, director, officer, or any other representative of such a person;

(11) "Practice of veterinary medicine" means: (A) The diagnosis, treatment, correction, change, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental condition, including the prescribing or administration of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on any animal, including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to tender service or recommendations with regard to any of the above; (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (11)(A) of this section; (C) The use of any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (11)(A) of this section. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; and (D) Collecting blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (i) Unlicensed personnel employed by the United States Department of Agriculture or the Arkansas Livestock and Poultry Commission in disease control programs carried out under the authority of the United States Department of Agriculture or the State of Arkansas; and (ii) Veterinary technicians or veterinary technologists acting under the indirect supervision of a veterinarian as set forth in § 17-101-306(d) except for collecting samples for state or federal tests requiring that the licensed veterinarian draw the sample;

(A) The diagnosis, treatment, correction, change, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental condition, including the prescribing or administration of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on any animal, including, but not limited to, acupuncture, dentistry, animal psychology, animal chiropractic, theriogenology, surgery, including cosmetic surgery, any manual, mechanical, biological, or chemical procedure for testing for pregnancy or for correcting sterility or infertility or to tender service or recommendations with regard to any of the above;

(B) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (11)(A) of this section;

(C) The use of any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (11)(A) of this section. Such use shall be prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; and

(D) Collecting blood or other samples for the purpose of diagnosing disease or other conditions. This shall not apply to: (i) Unlicensed personnel employed by the United States Department of Agriculture or the Arkansas Livestock and Poultry Commission in disease control programs carried out under the authority of the United States Department of Agriculture or the State of Arkansas; and (ii) Veterinary technicians or veterinary technologists acting under the indirect supervision of a veterinarian as set forth in § 17-101-306(d) except for collecting samples for state or federal tests requiring that the licensed veterinarian draw the sample;

(i) Unlicensed personnel employed by the United States Department of Agriculture or the Arkansas Livestock and Poultry Commission in disease control programs carried out under the authority of the United States Department of Agriculture or the State of Arkansas; and

(ii) Veterinary technicians or veterinary technologists acting under the indirect supervision of a veterinarian as set forth in § 17-101-306(d) except for collecting samples for state or federal tests requiring that the licensed veterinarian draw the sample;

(12) "Specialized veterinary technology" means the performance of all aspects of medical care, services, diagnosis, prognosis, and the administration of appliances and prescribed drugs, medications, and treatment of an animal patient under the direct supervision, indirect supervision, or immediate supervision of a collaborating veterinarian;

(13) "Veterinarian" means a person who has received a professional degree from a college of veterinary medicine or any person who is licensed to practice veterinary medicine in this state;

(14) "Veterinarian-client-patient relationship" means: (A) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the client, that is, the owner or caretaker, has agreed to follow the instruction of the veterinarian; (B) (i) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. (ii) This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal, by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and (C) The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen or therapy;

(A) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the client, that is, the owner or caretaker, has agreed to follow the instruction of the veterinarian;

(B) (i) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. (ii) This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal, by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

(i) There is sufficient knowledge of the animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal.

(ii) This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal, by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

(C) The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen or therapy;

(15) "Veterinary medicine" includes veterinary surgery, theriogenology, dentistry, acupuncture, animal psychology, chiropractic, and all other branches or specialties of veterinary practice;

(16) "Veterinary premises" means any place or unit from which the practice of veterinary medicine is conducted;

(17) "Veterinary technician" means a person who: (A) Has received an associate degree or its equivalent from a college-level program accredited by the American Veterinary Medical Association; and (B) Provides veterinary services under the supervision and direction of a licensed veterinarian who is responsible for the performance of that veterinary technician;

(A) Has received an associate degree or its equivalent from a college-level program accredited by the American Veterinary Medical Association; and

(B) Provides veterinary services under the supervision and direction of a licensed veterinarian who is responsible for the performance of that veterinary technician;

(18) "Veterinary technician specialist" means a veterinary technician or veterinary technologist who has completed a formal process of education, training, experience, and testing through a specialty academy approved by the Committee on Veterinary Technician Specialties of the National Association of Veterinary Technicians in America;

(19) "Veterinary technologist" means a person who performs veterinary technology services and is a graduate of a four-year baccalaureate program accredited by the American Veterinary Medical Association; and

(20) (A) "Veterinary technology" means the performance of all aspects of medical care, services, and treatment of an animal where a veterinary-client-patient relationship has been established. (B) "Veterinary technology" does not include diagnosis, prognosis, surgery, or the prescription of appliances, drugs, medications, or treatment unless otherwise determined by the Arkansas Livestock and Poultry Commission. (C) A veterinarian shall retain control of and authority over the care of the animal during the practice of veterinary technology.

(A) "Veterinary technology" means the performance of all aspects of medical care, services, and treatment of an animal where a veterinary-client-patient relationship has been established.

(B) "Veterinary technology" does not include diagnosis, prognosis, surgery, or the prescription of appliances, drugs, medications, or treatment unless otherwise determined by the Arkansas Livestock and Poultry Commission.

(C) A veterinarian shall retain control of and authority over the care of the animal during the practice of veterinary technology.

Amended by Act 2023, No. 161,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 691,§ 146, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 145, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1655, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 57, eff. 7/24/2019.

Amended by Act 2019, No. 169,§ 1, eff. 7/24/2019.

Acts 1975, No. 650, § 2; A.S.A. 1947, § 72-1133; Acts 1987, No. 60, § 1; 1993, No. 1198, § 1; 2001, No. 1741, § 1.
Ark. Code Ann. § 17-52-315 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-315
Application for registration
Status: in_force

(a) Any person applying for registration or renewal of registration as a home inspector shall submit to the State Board of Appraisers, Abstracters, and Home Inspectors: (1) An application under oath upon a form to be prescribed by the board; (2) A current certificate of insurance issued by an insurance company licensed or surplus lines approved to do business in this state that states that the applicant has procured general liability insurance in the minimum amount of one hundred thousand dollars ($100,000) and, if applicable, workers' compensation insurance; and (3) The required registration or registration renewal fee with the application. (b) (1) A person applying for registration for the first time shall also submit with the application a certified copy of a document attesting to the successful completion of the competency examination. (2) A person renewing a current registration shall also submit with his or her application a properly completed form that states that the person has satisfactorily completed continuing education requirements for the current year. (3) A person seeking to renew a lapsed, suspended, or otherwise inactive registration shall provide other documents and comply with procedures as may be prescribed by the board. (c) The following persons shall be exempt from any educational requirements for initial registration, but not from the requirements concerning the competency examination: (1) City inspectors certified by the International Code Council; and (2) Contractors who hold a builder's license and have ten (10) years' experience as a contractor. Amended by Act 2023, No. 628,§ 60, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 58, eff. 7/24/2019. Acts 2003, No. 1328, § 1.

(a) Any person applying for registration or renewal of registration as a home inspector shall submit to the State Board of Appraisers, Abstracters, and Home Inspectors: (1) An application under oath upon a form to be prescribed by the board; (2) A current certificate of insurance issued by an insurance company licensed or surplus lines approved to do business in this state that states that the applicant has procured general liability insurance in the minimum amount of one hundred thousand dollars ($100,000) and, if applicable, workers' compensation insurance; and (3) The required registration or registration renewal fee with the application.

(1) An application under oath upon a form to be prescribed by the board;

(2) A current certificate of insurance issued by an insurance company licensed or surplus lines approved to do business in this state that states that the applicant has procured general liability insurance in the minimum amount of one hundred thousand dollars ($100,000) and, if applicable, workers' compensation insurance; and

(3) The required registration or registration renewal fee with the application.

(b) (1) A person applying for registration for the first time shall also submit with the application a certified copy of a document attesting to the successful completion of the competency examination. (2) A person renewing a current registration shall also submit with his or her application a properly completed form that states that the person has satisfactorily completed continuing education requirements for the current year. (3) A person seeking to renew a lapsed, suspended, or otherwise inactive registration shall provide other documents and comply with procedures as may be prescribed by the board.

(1) A person applying for registration for the first time shall also submit with the application a certified copy of a document attesting to the successful completion of the competency examination.

(2) A person renewing a current registration shall also submit with his or her application a properly completed form that states that the person has satisfactorily completed continuing education requirements for the current year.

(3) A person seeking to renew a lapsed, suspended, or otherwise inactive registration shall provide other documents and comply with procedures as may be prescribed by the board.

(c) The following persons shall be exempt from any educational requirements for initial registration, but not from the requirements concerning the competency examination: (1) City inspectors certified by the International Code Council; and (2) Contractors who hold a builder's license and have ten (10) years' experience as a contractor.

(1) City inspectors certified by the International Code Council; and

(2) Contractors who hold a builder's license and have ten (10) years' experience as a contractor.

Amended by Act 2023, No. 628,§ 60, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 58, eff. 7/24/2019.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-87-602 — AR Code / Title 17 / Chapter 87 / Subchapter 6 / Section 17-87-602
Practice privileges - Power of board to limit or revoke
Status: in_force

The Arkansas State Board of Nursing may limit or revoke practice privileges in this state of a person licensed to practice nursing by a jurisdiction that has joined the Compact or take action on previous practice privilege action from another party state. Acts 1999, No. 220, § 2.

The Arkansas State Board of Nursing may limit or revoke practice privileges in this state of a person licensed to practice nursing by a jurisdiction that has joined the Compact or take action on previous practice privilege action from another party state.

Acts 1999, No. 220, § 2.
Ark. Code Ann. § 17-21-204 — AR Code / Title 17 / Chapter 21 / Subchapter 2 / Section 17-21-204
Cancellations - Refunds
Status: in_force

(a) If a beauty pageant is canceled or otherwise does not take place, all entrants' fees shall be refunded by the operator. (b) The surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator. Acts 1991, No. 101, § 3.

(a) If a beauty pageant is canceled or otherwise does not take place, all entrants' fees shall be refunded by the operator.

(b) The surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator.

Acts 1991, No. 101, § 3.
Ark. Code Ann. § 17-101-308 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-308
Veterinary technicians - Denial, suspension, or revocation of certificate
Status: in_force

(a) The Arkansas Livestock and Poultry Commission may deny or suspend any registration or deny or revoke any certificate of qualification upon the grounds that the applicant or veterinary technician is guilty of: (1) Soliciting patients for any practitioner of the veterinary healing arts; (2) Soliciting or receiving any form of compensation from any person other than his or her registered employer for performing as a veterinary technician; (3) Willfully or negligently divulging a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian; (4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence; (5) Being unable to practice as a veterinary technician with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technician in Arkansas; or (B) An annual registration; (7) Impersonating another person registered as a veterinary technician or allowing any person to use his or her certificate of qualification or registration; (8) Aiding or abetting the practice of veterinary medicine by a person not licensed by the commission; (9) Gross negligence in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian; (10) Manifesting incapacity or incompetence to perform as a veterinary technician; or (11) Conduct unbecoming a person registered as a veterinary technician or detrimental to the best interests of the public. (b) At the discretion of the commission, any person whose certificate of qualification is suspended or revoked by the commission under this section may be recertified or reinstated by the commission at any time upon written application to the commission showing cause to justify recertification or reinstatement. Amended by Act 2023, No. 691,§ 164, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 973, eff. 7/1/2019. Acts 1975, No. 650, § 13; A.S.A. 1947, § 72-1144; Acts 1993, No. 1198, § 1; 2001, No. 1741, § 7.

(a) The Arkansas Livestock and Poultry Commission may deny or suspend any registration or deny or revoke any certificate of qualification upon the grounds that the applicant or veterinary technician is guilty of: (1) Soliciting patients for any practitioner of the veterinary healing arts; (2) Soliciting or receiving any form of compensation from any person other than his or her registered employer for performing as a veterinary technician; (3) Willfully or negligently divulging a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian; (4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence; (5) Being unable to practice as a veterinary technician with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technician in Arkansas; or (B) An annual registration; (7) Impersonating another person registered as a veterinary technician or allowing any person to use his or her certificate of qualification or registration; (8) Aiding or abetting the practice of veterinary medicine by a person not licensed by the commission; (9) Gross negligence in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian; (10) Manifesting incapacity or incompetence to perform as a veterinary technician; or (11) Conduct unbecoming a person registered as a veterinary technician or detrimental to the best interests of the public.

(1) Soliciting patients for any practitioner of the veterinary healing arts;

(2) Soliciting or receiving any form of compensation from any person other than his or her registered employer for performing as a veterinary technician;

(3) Willfully or negligently divulging a professional secret or discussing a veterinarian's diagnosis or treatment without the express permission of the veterinarian;

(4) (A) Any offense punishable by incarceration in the Division of Correction or federal prison. (B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence;

(A) Any offense punishable by incarceration in the Division of Correction or federal prison.

(B) A copy of the record of conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence;

(5) Being unable to practice as a veterinary technician with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition;

(6) Fraud or misrepresentation in applying for or procuring: (A) A certificate of qualification to perform as a veterinary technician in Arkansas; or (B) An annual registration;

(A) A certificate of qualification to perform as a veterinary technician in Arkansas; or

(B) An annual registration;

(7) Impersonating another person registered as a veterinary technician or allowing any person to use his or her certificate of qualification or registration;

(8) Aiding or abetting the practice of veterinary medicine by a person not licensed by the commission;

(9) Gross negligence in the performance of duties, tasks, or functions assigned to him or her by a licensed veterinarian;

(10) Manifesting incapacity or incompetence to perform as a veterinary technician; or

(11) Conduct unbecoming a person registered as a veterinary technician or detrimental to the best interests of the public.

(b) At the discretion of the commission, any person whose certificate of qualification is suspended or revoked by the commission under this section may be recertified or reinstated by the commission at any time upon written application to the commission showing cause to justify recertification or reinstatement.

Amended by Act 2023, No. 691,§ 164, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 973, eff. 7/1/2019.

Acts 1975, No. 650, § 13; A.S.A. 1947, § 72-1144; Acts 1993, No. 1198, § 1; 2001, No. 1741, § 7.
Ark. Code Ann. § 17-42-702 — AR Code / Title 17 / Chapter 42 / Subchapter 7 / Section 17-42-702
Interference with licensee relationships prohibited
Status: in_force

(a) No person shall knowingly interfere with a licensee relationship between a licensee and a person or entity. (b) No licensee shall be liable for a referral fee when reasonable cause for payment does not exist. (c) (1) Any person or entity aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction. (2) The damages recoverable in an action under subdivision (c)(1) of this section shall be: (A) The actual damages; and (B) Reasonable attorney's fees and expenses. (d) Nothing in this subchapter is intended to: (1) Create a presumption that if reasonable cause for payment of a referral fee exists, a legal right to the referral fee exists; or (2) Authorize the payment of a referral fee that is otherwise prohibited by law or rule of the Arkansas Real Estate Commission. Amended by Act 2019, No. 315,§ 1468, eff. 7/24/2019. Acts 2005, No. 1946, § 1.

(a) No person shall knowingly interfere with a licensee relationship between a licensee and a person or entity.

(b) No licensee shall be liable for a referral fee when reasonable cause for payment does not exist.

(c) (1) Any person or entity aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction. (2) The damages recoverable in an action under subdivision (c)(1) of this section shall be: (A) The actual damages; and (B) Reasonable attorney's fees and expenses.

(1) Any person or entity aggrieved by a violation of this subchapter may bring a civil action in any court of competent jurisdiction.

(2) The damages recoverable in an action under subdivision (c)(1) of this section shall be: (A) The actual damages; and (B) Reasonable attorney's fees and expenses.

(A) The actual damages; and

(B) Reasonable attorney's fees and expenses.

(d) Nothing in this subchapter is intended to: (1) Create a presumption that if reasonable cause for payment of a referral fee exists, a legal right to the referral fee exists; or (2) Authorize the payment of a referral fee that is otherwise prohibited by law or rule of the Arkansas Real Estate Commission.

(1) Create a presumption that if reasonable cause for payment of a referral fee exists, a legal right to the referral fee exists; or

(2) Authorize the payment of a referral fee that is otherwise prohibited by law or rule of the Arkansas Real Estate Commission.

Amended by Act 2019, No. 315,§ 1468, eff. 7/24/2019.

Acts 2005, No. 1946, § 1.
Ark. Code Ann. § 17-49-214 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-214
License revocation
Status: in_force

Upon such notice and hearing as the Department of Finance and Administration may deem proper, it may revoke any license issued under the provisions of this subchapter for failure to comply with any of the laws of this state, or if any judgment recovered against any itinerant merchant remains unpaid for a period of sixty (60) days, provided the judgment is not supersedeas as bond upon appeal from the judgment. Acts 1941, No. 138, § 10; A.S.A. 1947, § 84-2410.

Upon such notice and hearing as the Department of Finance and Administration may deem proper, it may revoke any license issued under the provisions of this subchapter for failure to comply with any of the laws of this state, or if any judgment recovered against any itinerant merchant remains unpaid for a period of sixty (60) days, provided the judgment is not supersedeas as bond upon appeal from the judgment.

Acts 1941, No. 138, § 10; A.S.A. 1947, § 84-2410.
Ark. Code Ann. § 17-80-102 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-102
Subpoena power of boards - Enforcement
Status: in_force

(a) (1) The licensing and disciplining boards of the professions of the healing arts provided in this subtitle shall have the power to issue subpoenas and bring before the board as a witness any person in this state. (2) The secretary or the investigative officer of the board shall issue a subpoena upon the request of any party to a proceeding pending before the board or at the request of the board. (3) The writ shall be directed to the sheriff of the county where the witness resides or may be found. (4) The writ may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (5) Service of the writ shall be in the manner as now provided by statute for the service of subpoenas in civil cases. (b) (1) A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the board. (2) In the event a witness shall have been served with subpoenas as herein provided and fails to attend the hearing in obedience to the subpoena, the board may apply to the circuit court of the county wherein the board is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as now provided by law in the trial of civil cases. (4) The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by Rev. Stat., ch. 158, § 9 [superseded]. Acts 1971, No. 202, §§ 1, 2; A.S.A. 1947, §§ 72-141, 72-142; Acts 1993, No. 392, § 8.

(a) (1) The licensing and disciplining boards of the professions of the healing arts provided in this subtitle shall have the power to issue subpoenas and bring before the board as a witness any person in this state. (2) The secretary or the investigative officer of the board shall issue a subpoena upon the request of any party to a proceeding pending before the board or at the request of the board. (3) The writ shall be directed to the sheriff of the county where the witness resides or may be found. (4) The writ may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (5) Service of the writ shall be in the manner as now provided by statute for the service of subpoenas in civil cases.

(1) The licensing and disciplining boards of the professions of the healing arts provided in this subtitle shall have the power to issue subpoenas and bring before the board as a witness any person in this state.

(2) The secretary or the investigative officer of the board shall issue a subpoena upon the request of any party to a proceeding pending before the board or at the request of the board.

(3) The writ shall be directed to the sheriff of the county where the witness resides or may be found.

(4) The writ may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.

(5) Service of the writ shall be in the manner as now provided by statute for the service of subpoenas in civil cases.

(b) (1) A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the board. (2) In the event a witness shall have been served with subpoenas as herein provided and fails to attend the hearing in obedience to the subpoena, the board may apply to the circuit court of the county wherein the board is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as now provided by law in the trial of civil cases. (4) The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by Rev. Stat., ch. 158, § 9 [superseded].

(1) A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the board.

(2) In the event a witness shall have been served with subpoenas as herein provided and fails to attend the hearing in obedience to the subpoena, the board may apply to the circuit court of the county wherein the board is having its meeting for an order causing the arrest of the witness and directing that the witness be brought before the court.

(3) The court shall have the power to punish the disobedient witness for contempt as now provided by law in the trial of civil cases.

(4) The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by Rev. Stat., ch. 158, § 9 [superseded].

Acts 1971, No. 202, §§ 1, 2; A.S.A. 1947, §§ 72-141, 72-142; Acts 1993, No. 392, § 8.
Ark. Code Ann. § 17-102-313 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-313
Injections
Status: in_force

An acupuncturist as defined in § 17-102-102(2) shall not administer an injection of a substance. Acts 2009, No. 1461, § 4.

An acupuncturist as defined in § 17-102-102(2) shall not administer an injection of a substance.

Acts 2009, No. 1461, § 4.
Ark. Code Ann. § 17-40-327 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-327
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 75, eff. 9/1/2015. Acts 1977, No. 429, § 28; 1979, No. 907, § 17; A.S.A. 1947, § 71-2149; Acts 2005, No. 2237, § 3.

Repealed by Act 2015, No. 393,§ 75, eff. 9/1/2015.

Acts 1977, No. 429, § 28; 1979, No. 907, § 17; A.S.A. 1947, § 71-2149; Acts 2005, No. 2237, § 3.
Ark. Code Ann. § 17-90-306 — AR Code / Title 17 / Chapter 90 / Subchapter 3 / Section 17-90-306
Revocation, suspension, or refusal to renew - Procedures
Status: in_force

(a) No certificate of license shall be rejected for renewal, suspended, or revoked for any cause, unless the person accused has been given at least thirty (30) days' notice in writing setting forth the nature of the charges against him or her. (b) The accused person must also be afforded a public hearing at which time the person accused shall have the right to appear with or without counsel, to confront witnesses who appear against him or her, and to adduce testimony in his or her own behalf. (c) A record of the charges filed and the action taken thereon shall be prepared. (d) All hearings of the State Board of Optometry and appeals from decisions or orders of the board will be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1941, No. 94, § 10; A.S.A. 1947, § 72-813; Acts 2001, No. 506, § 5.

(a) No certificate of license shall be rejected for renewal, suspended, or revoked for any cause, unless the person accused has been given at least thirty (30) days' notice in writing setting forth the nature of the charges against him or her.

(b) The accused person must also be afforded a public hearing at which time the person accused shall have the right to appear with or without counsel, to confront witnesses who appear against him or her, and to adduce testimony in his or her own behalf.

(c) A record of the charges filed and the action taken thereon shall be prepared.

(d) All hearings of the State Board of Optometry and appeals from decisions or orders of the board will be subject to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1941, No. 94, § 10; A.S.A. 1947, § 72-813; Acts 2001, No. 506, § 5.
Ark. Code Ann. § 17-25-514 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-514
Workers' compensation required
Status: in_force

(a) A contractor required to be licensed by the Residential Contractors Committee shall secure and maintain workers' compensation coverage as required under § 11-9-401 et seq. (b) The committee shall require proof of current workers' compensation coverage before issuing or renewing a license to a contractor who is required to have workers' compensation coverage under § 11-9-401 et seq. (c) Unless otherwise required by law, a home improvement contractor required to be licensed under this subchapter shall not be required to secure the payment of workers' compensation under § 11-9-401 et seq. or provide proof of coverage to the committee before issuing or receiving a license if the cost of the work done or to be done in the State of Arkansas by the home improvement contractor, including without limitation labor and materials, is less than fifty thousand dollars ($50,000). (d) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the committee, the committee shall revoke the contractor's license. (2) A contractor's license that has been revoked due to failure to maintain workers' compensation coverage may be reinstated upon receipt of proof that the contractor has secured workers' compensation coverage. (e) The committee shall promulgate rules necessary to enforce this section. Amended by Act 2017, No. 804,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1048,§ 6, eff. 7/22/2015. Acts 2005, No. 1711, § 1; 2007, No. 398, § 1; 2011, No. 1208, § 14.

(a) A contractor required to be licensed by the Residential Contractors Committee shall secure and maintain workers' compensation coverage as required under § 11-9-401 et seq.

(b) The committee shall require proof of current workers' compensation coverage before issuing or renewing a license to a contractor who is required to have workers' compensation coverage under § 11-9-401 et seq.

(c) Unless otherwise required by law, a home improvement contractor required to be licensed under this subchapter shall not be required to secure the payment of workers' compensation under § 11-9-401 et seq. or provide proof of coverage to the committee before issuing or receiving a license if the cost of the work done or to be done in the State of Arkansas by the home improvement contractor, including without limitation labor and materials, is less than fifty thousand dollars ($50,000).

(d) (1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the committee, the committee shall revoke the contractor's license. (2) A contractor's license that has been revoked due to failure to maintain workers' compensation coverage may be reinstated upon receipt of proof that the contractor has secured workers' compensation coverage.

(1) If a contractor fails to maintain workers' compensation coverage or fails to maintain proof of current workers' compensation coverage on file with the committee, the committee shall revoke the contractor's license.

(2) A contractor's license that has been revoked due to failure to maintain workers' compensation coverage may be reinstated upon receipt of proof that the contractor has secured workers' compensation coverage.

(e) The committee shall promulgate rules necessary to enforce this section.

Amended by Act 2017, No. 804,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1048,§ 6, eff. 7/22/2015.

Acts 2005, No. 1711, § 1; 2007, No. 398, § 1; 2011, No. 1208, § 14.
Ark. Code Ann. § 17-14-304 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-304
Use of terms
Status: in_force

(a) The terms "certified real property appraiser", "certified real estate appraiser", and "certified appraiser" shall only be used to refer to individuals who hold a current certificate and shall not be used in connection with or as part of the name or signature of an individual, firm, partnership, corporation, group, or other business entity, or anyone other than an individual holder of the certificate. (b) An appraiser practicing or providing appraisal services in this state as defined in § 17-14-103 may not use the term "registered", "certified", or "licensed" in conjunction with his or her appraisal practice, unless he or she holds a valid registration, license, or certification issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (c) The terms "licensed real estate appraiser", "licensed real property appraiser", and "licensed appraiser" shall only be used to refer to an individual who holds a current license and shall not be used in connection with or as part of the name or signature of an individual, firm, corporation, or group or in a manner that may be interpreted as referring to a firm, partnership, corporation, group, or other business entity, or anyone other than an individual holder of the license. (d) A person other than a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser shall not assume or use that title or any title, designation, or abbreviation likely to create the impression of registration, licensing, or certification as an appraiser by this state. (e) A person who is not registered, licensed, or certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not describe or refer to any appraisal report, written or oral, or other evaluation of real estate covered under the activities of appraisers by the term "registered", "licensed", "certified", or any other similar term that may be construed to imply qualification or competency recognized by the state. Amended by Act 2019, No. 514,§ 11, eff. 7/24/2019. Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 2001, No. 1256, § 12; 2009, No. 628, § 16.

(a) The terms "certified real property appraiser", "certified real estate appraiser", and "certified appraiser" shall only be used to refer to individuals who hold a current certificate and shall not be used in connection with or as part of the name or signature of an individual, firm, partnership, corporation, group, or other business entity, or anyone other than an individual holder of the certificate.

(b) An appraiser practicing or providing appraisal services in this state as defined in § 17-14-103 may not use the term "registered", "certified", or "licensed" in conjunction with his or her appraisal practice, unless he or she holds a valid registration, license, or certification issued under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(c) The terms "licensed real estate appraiser", "licensed real property appraiser", and "licensed appraiser" shall only be used to refer to an individual who holds a current license and shall not be used in connection with or as part of the name or signature of an individual, firm, corporation, or group or in a manner that may be interpreted as referring to a firm, partnership, corporation, group, or other business entity, or anyone other than an individual holder of the license.

(d) A person other than a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser shall not assume or use that title or any title, designation, or abbreviation likely to create the impression of registration, licensing, or certification as an appraiser by this state.

(e) A person who is not registered, licensed, or certified under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not describe or refer to any appraisal report, written or oral, or other evaluation of real estate covered under the activities of appraisers by the term "registered", "licensed", "certified", or any other similar term that may be construed to imply qualification or competency recognized by the state.

Amended by Act 2019, No. 514,§ 11, eff. 7/24/2019.

Acts 1991, No. 416, § 9; 1991, No. 541, § 9; 2001, No. 1256, § 12; 2009, No. 628, § 16.
Ark. Code Ann. § 17-81-106 — AR Code / Title 17 / Chapter 81 / Subchapter 1 / Section 17-81-106
Health and police rules applicable
Status: in_force

Chiropractic physicians licensed under this chapter shall be: (1) Bound by all applicable health and police rules of the state; and (2) Qualified to sign death certificates, insurance certificates, and all other certificates pertaining to public health with like effect as other licensed physicians. Amended by Act 2021, No. 589,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1507, eff. 7/24/2019. Acts 1971, No. 706, § 19; A.S.A. 1947, § 72-433.

Chiropractic physicians licensed under this chapter shall be:

(1) Bound by all applicable health and police rules of the state; and

(2) Qualified to sign death certificates, insurance certificates, and all other certificates pertaining to public health with like effect as other licensed physicians.

Amended by Act 2021, No. 589,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1507, eff. 7/24/2019.

Acts 1971, No. 706, § 19; A.S.A. 1947, § 72-433.
Ark. Code Ann. § 17-29-302 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-302
Funeral directors - Qualifications - Definition
Status: in_force

(a) A person who desires to engage in the business of funeral directing in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) (A) Have served as an apprentice funeral director for not less than eighteen (18) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed funeral director. (B) Completion of the requirement to be a graduate of a school of embalmers as set forth in § 17-29-301(a)(3) may be substituted for six (6) of the eighteen (18) months' apprenticeship established in this section; (4) Make application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee; (5) (A) Take and pass all examinations approved and required by the board. (B) To be eligible to take the examination under subdivision (a)(5)(A) of this section, an applicant shall be an active apprentice who is currently registered with the board; and (6) (A) Undergo and pass a criminal background check conducted by the Division of Arkansas State Police. (B) The board may charge and collect a processing fee in an amount necessary to recover the cost imposed by the division for the criminal background check under subdivision (a)(6)(A) of this section. (b) (1) (A) A person desiring to engage in the business of funeral directing in this state shall serve an apprenticeship in this state for at least eighteen (18) months. (B) An apprentice shall: (i) Register with the board on forms provided by the board and by attaching the fee as prescribed by the board; (ii) Upon registration with the board, be supervised by a funeral director licensed by the board; (iii) Actively assist in arranging fifty (50) services as determined by rule of the board; and (iv) (a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice. (b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed. (2) Before an apprenticeship under this section begins, a licensed funeral director who is supervising an apprenticeship shall record a notice of the apprenticeship with the board. (3) The board may suspend or revoke an apprenticeship under this section for a violation of this subchapter or § 23-61-1101 et seq. (4) A person who is currently in an apprenticeship under this section shall be subject to the provisions in this section concerning an apprenticeship as determined by rules of the board. (c) (1) The board shall require applicants for licensure as funeral directors to successfully complete up to twenty (20) hours of classroom instruction in funeral service practices and ethics, laws, and rules affecting funeral service. (2) As used in subdivision (c)(1) of this section, "classroom instruction" means instruction that is delivered: (A) On-site or that requires the attendee to be at the same physical location as the instructor; or (B) By any virtual method through remote communication, including audio-only or audio-and-video instruction that is delivered digitally. (3) Only courses of instruction approved by the board shall satisfy the requirement under subdivision (c)(1) of this section. Amended by Act 2021, No. 396,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 396,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 7, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 17, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 16, eff. 7/22/2015. Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1989, No. 106, § 4; 1999, No. 1138, § 3; 2003, No. 367, § 2.

(a) A person who desires to engage in the business of funeral directing in this state shall: (1) Be at least eighteen (18) years of age; (2) Be a graduate of an accredited high school or the equivalent thereof; (3) (A) Have served as an apprentice funeral director for not less than eighteen (18) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed funeral director. (B) Completion of the requirement to be a graduate of a school of embalmers as set forth in § 17-29-301(a)(3) may be substituted for six (6) of the eighteen (18) months' apprenticeship established in this section; (4) Make application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee; (5) (A) Take and pass all examinations approved and required by the board. (B) To be eligible to take the examination under subdivision (a)(5)(A) of this section, an applicant shall be an active apprentice who is currently registered with the board; and (6) (A) Undergo and pass a criminal background check conducted by the Division of Arkansas State Police. (B) The board may charge and collect a processing fee in an amount necessary to recover the cost imposed by the division for the criminal background check under subdivision (a)(6)(A) of this section.

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

(2) Be a graduate of an accredited high school or the equivalent thereof;

(3) (A) Have served as an apprentice funeral director for not less than eighteen (18) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed funeral director. (B) Completion of the requirement to be a graduate of a school of embalmers as set forth in § 17-29-301(a)(3) may be substituted for six (6) of the eighteen (18) months' apprenticeship established in this section;

(A) Have served as an apprentice funeral director for not less than eighteen (18) months in the State of Arkansas under the direct personal supervision of an Arkansas-licensed funeral director.

(B) Completion of the requirement to be a graduate of a school of embalmers as set forth in § 17-29-301(a)(3) may be substituted for six (6) of the eighteen (18) months' apprenticeship established in this section;

(4) Make application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and attach the fee;

(5) (A) Take and pass all examinations approved and required by the board. (B) To be eligible to take the examination under subdivision (a)(5)(A) of this section, an applicant shall be an active apprentice who is currently registered with the board; and

(A) Take and pass all examinations approved and required by the board.

(B) To be eligible to take the examination under subdivision (a)(5)(A) of this section, an applicant shall be an active apprentice who is currently registered with the board; and

(6) (A) Undergo and pass a criminal background check conducted by the Division of Arkansas State Police. (B) The board may charge and collect a processing fee in an amount necessary to recover the cost imposed by the division for the criminal background check under subdivision (a)(6)(A) of this section.

(A) Undergo and pass a criminal background check conducted by the Division of Arkansas State Police.

(B) The board may charge and collect a processing fee in an amount necessary to recover the cost imposed by the division for the criminal background check under subdivision (a)(6)(A) of this section.

(b) (1) (A) A person desiring to engage in the business of funeral directing in this state shall serve an apprenticeship in this state for at least eighteen (18) months. (B) An apprentice shall: (i) Register with the board on forms provided by the board and by attaching the fee as prescribed by the board; (ii) Upon registration with the board, be supervised by a funeral director licensed by the board; (iii) Actively assist in arranging fifty (50) services as determined by rule of the board; and (iv) (a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice. (b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed. (2) Before an apprenticeship under this section begins, a licensed funeral director who is supervising an apprenticeship shall record a notice of the apprenticeship with the board. (3) The board may suspend or revoke an apprenticeship under this section for a violation of this subchapter or § 23-61-1101 et seq. (4) A person who is currently in an apprenticeship under this section shall be subject to the provisions in this section concerning an apprenticeship as determined by rules of the board.

(1) (A) A person desiring to engage in the business of funeral directing in this state shall serve an apprenticeship in this state for at least eighteen (18) months. (B) An apprentice shall: (i) Register with the board on forms provided by the board and by attaching the fee as prescribed by the board; (ii) Upon registration with the board, be supervised by a funeral director licensed by the board; (iii) Actively assist in arranging fifty (50) services as determined by rule of the board; and (iv) (a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice. (b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed.

(A) A person desiring to engage in the business of funeral directing in this state shall serve an apprenticeship in this state for at least eighteen (18) months.

(B) An apprentice shall: (i) Register with the board on forms provided by the board and by attaching the fee as prescribed by the board; (ii) Upon registration with the board, be supervised by a funeral director licensed by the board; (iii) Actively assist in arranging fifty (50) services as determined by rule of the board; and (iv) (a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice. (b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed.

(i) Register with the board on forms provided by the board and by attaching the fee as prescribed by the board;

(ii) Upon registration with the board, be supervised by a funeral director licensed by the board;

(iii) Actively assist in arranging fifty (50) services as determined by rule of the board; and

(iv) (a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice. (b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed.

(a) By the tenth day of the following month, file with the board individual case reports of services arranged by the apprentice.

(b) A case report under subdivision (b)(1)(B)(iv) (a) of this section shall be signed by the apprentice and the licensed funeral director under whose supervision the work was performed.

(2) Before an apprenticeship under this section begins, a licensed funeral director who is supervising an apprenticeship shall record a notice of the apprenticeship with the board.

(3) The board may suspend or revoke an apprenticeship under this section for a violation of this subchapter or § 23-61-1101 et seq.

(4) A person who is currently in an apprenticeship under this section shall be subject to the provisions in this section concerning an apprenticeship as determined by rules of the board.

(c) (1) The board shall require applicants for licensure as funeral directors to successfully complete up to twenty (20) hours of classroom instruction in funeral service practices and ethics, laws, and rules affecting funeral service. (2) As used in subdivision (c)(1) of this section, "classroom instruction" means instruction that is delivered: (A) On-site or that requires the attendee to be at the same physical location as the instructor; or (B) By any virtual method through remote communication, including audio-only or audio-and-video instruction that is delivered digitally. (3) Only courses of instruction approved by the board shall satisfy the requirement under subdivision (c)(1) of this section.

(1) The board shall require applicants for licensure as funeral directors to successfully complete up to twenty (20) hours of classroom instruction in funeral service practices and ethics, laws, and rules affecting funeral service.

(2) As used in subdivision (c)(1) of this section, "classroom instruction" means instruction that is delivered: (A) On-site or that requires the attendee to be at the same physical location as the instructor; or (B) By any virtual method through remote communication, including audio-only or audio-and-video instruction that is delivered digitally.

(A) On-site or that requires the attendee to be at the same physical location as the instructor; or

(B) By any virtual method through remote communication, including audio-only or audio-and-video instruction that is delivered digitally.

(3) Only courses of instruction approved by the board shall satisfy the requirement under subdivision (c)(1) of this section.

Amended by Act 2021, No. 396,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 396,§ 1, eff. 7/28/2021.

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

Amended by Act 2015, No. 1095,§ 17, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 16, eff. 7/22/2015.

Acts 1983, No. 325, §§ 4, 5; A.S.A. 1947, §§ 71-904, 71-905; Acts 1989, No. 106, § 4; 1999, No. 1138, § 3; 2003, No. 367, § 2.
Ark. Code Ann. § 17-12-108 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-108
CPA construed
Status: in_force

Whenever any statute or rule requires that reports, financial statements, and other documents for submission to any department, board, or agency of this state be prepared by CPAs, the requirements shall be construed to mean registered public accountants or certified public accountants. Amended by Act 2019, No. 315,§ 1328, eff. 7/24/2019. Acts 1975, No. 160, § 5; 1977, No. 183, § 1; 1979, No. 432, § 3; A.S.A. 1947, § 71-615.

Whenever any statute or rule requires that reports, financial statements, and other documents for submission to any department, board, or agency of this state be prepared by CPAs, the requirements shall be construed to mean registered public accountants or certified public accountants.

Amended by Act 2019, No. 315,§ 1328, eff. 7/24/2019.

Acts 1975, No. 160, § 5; 1977, No. 183, § 1; 1979, No. 432, § 3; A.S.A. 1947, § 71-615.
Ark. Code Ann. § 17-3-103 — AR Code / Title 17 / Chapter 3 / Section 17-3-103
Prelicensure criminal background checks
Status: in_force

(a) (1) An individual with a criminal record may petition a licensing entity at any time for a determination of whether the criminal record of the individual will disqualify the individual from licensure and whether or not he or she could obtain a waiver under § 17-3-102(b) . (2) The petition shall include details on the criminal record of the individual. (b) (1) A licensing entity may require that the applicant undergo a state and federal criminal background check as required by the licensing entity for all applicants for a license. (2) The petitioner under subsection (a) of this section shall be responsible for payment for the state and federal criminal background check. Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.

(a) (1) An individual with a criminal record may petition a licensing entity at any time for a determination of whether the criminal record of the individual will disqualify the individual from licensure and whether or not he or she could obtain a waiver under § 17-3-102(b) . (2) The petition shall include details on the criminal record of the individual.

(1) An individual with a criminal record may petition a licensing entity at any time for a determination of whether the criminal record of the individual will disqualify the individual from licensure and whether or not he or she could obtain a waiver under § 17-3-102(b) .

(2) The petition shall include details on the criminal record of the individual.

(b) (1) A licensing entity may require that the applicant undergo a state and federal criminal background check as required by the licensing entity for all applicants for a license. (2) The petitioner under subsection (a) of this section shall be responsible for payment for the state and federal criminal background check.

(1) A licensing entity may require that the applicant undergo a state and federal criminal background check as required by the licensing entity for all applicants for a license.

(2) The petitioner under subsection (a) of this section shall be responsible for payment for the state and federal criminal background check.

Added by Act 2019, No. 990,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 17-81-304 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-304
Application - Fees
Status: in_force

(a) (1) (A) Applications for a license to practice chiropractic in the State of Arkansas shall be made to the Director of the Arkansas State Board of Chiropractic Examiners in writing on forms furnished by the Arkansas State Board of Chiropractic Examiners. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths. (2) The applicant must submit proof satisfactory to the board of graduation from a chartered school or college of chiropractic as herein described and file with his or her application the affidavits of at least two (2) licensed and reputable doctors of chiropractic. (3) The application shall be accompanied by the payment of one hundred fifty dollars ($150), and fifty dollars ($50.00) for an orientation fee. (4) The application shall be filed with the director not less than thirty (30) days before the next regular meeting of the board. (b) If the applicant is approved, no part of the fee shall be returned, and he or she shall be issued a license to practice chiropractic in accordance with the provisions of this chapter. (c) If the applicant is not approved, he or she shall be notified of the reasons for the disapproval. Amended by Act 2023, No. 86,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 990,§ 59, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4872, eff. 7/1/2019. Amended by Act 2016F, No. 200,§ 4, eff. 7/1/2016. Acts 1971, No. 706, § 9; 1977, No. 199, § 3; 1983, No. 504, § 1; A.S.A. 1947, § 72-423; Acts 1987, No. 354, §§ 4, 5; 1999, No. 1553, § 8.

(a) (1) (A) Applications for a license to practice chiropractic in the State of Arkansas shall be made to the Director of the Arkansas State Board of Chiropractic Examiners in writing on forms furnished by the Arkansas State Board of Chiropractic Examiners. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths. (2) The applicant must submit proof satisfactory to the board of graduation from a chartered school or college of chiropractic as herein described and file with his or her application the affidavits of at least two (2) licensed and reputable doctors of chiropractic. (3) The application shall be accompanied by the payment of one hundred fifty dollars ($150), and fifty dollars ($50.00) for an orientation fee. (4) The application shall be filed with the director not less than thirty (30) days before the next regular meeting of the board.

(1) (A) Applications for a license to practice chiropractic in the State of Arkansas shall be made to the Director of the Arkansas State Board of Chiropractic Examiners in writing on forms furnished by the Arkansas State Board of Chiropractic Examiners. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.

(A) Applications for a license to practice chiropractic in the State of Arkansas shall be made to the Director of the Arkansas State Board of Chiropractic Examiners in writing on forms furnished by the Arkansas State Board of Chiropractic Examiners.

(B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.

(2) The applicant must submit proof satisfactory to the board of graduation from a chartered school or college of chiropractic as herein described and file with his or her application the affidavits of at least two (2) licensed and reputable doctors of chiropractic.

(3) The application shall be accompanied by the payment of one hundred fifty dollars ($150), and fifty dollars ($50.00) for an orientation fee.

(4) The application shall be filed with the director not less than thirty (30) days before the next regular meeting of the board.

(b) If the applicant is approved, no part of the fee shall be returned, and he or she shall be issued a license to practice chiropractic in accordance with the provisions of this chapter.

(c) If the applicant is not approved, he or she shall be notified of the reasons for the disapproval.

Amended by Act 2023, No. 86,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 990,§ 59, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4872, eff. 7/1/2019.

Amended by Act 2016F, No. 200,§ 4, eff. 7/1/2016.

Acts 1971, No. 706, § 9; 1977, No. 199, § 3; 1983, No. 504, § 1; A.S.A. 1947, § 72-423; Acts 1987, No. 354, §§ 4, 5; 1999, No. 1553, § 8.
Ark. Code Ann. § 17-52-321 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-321
Unfair practices
Status: in_force

(a) It is an unfair business practice for a home inspector, a company that employs the home inspector, or a company that has a financial interest in a company employing a home inspector to do any of the following: (1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months; (2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or (4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow. (b) (1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client. (2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use. Acts 2003, No. 1328, § 1.

(a) It is an unfair business practice for a home inspector, a company that employs the home inspector, or a company that has a financial interest in a company employing a home inspector to do any of the following: (1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months; (2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or (4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow.

(1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months;

(2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property;

(3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or

(4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow.

(b) (1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client. (2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use.

(1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client.

(2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-50-110 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-110
Applicability of Arkansas Administrative Procedure Act
Status: in_force

(a) Any and all proceedings taken under this chapter shall be subject to and conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise provided by the provisions of this chapter. (b) Any person aggrieved by any action of the commission pursuant to the authority granted in this chapter may appeal the decision in the manner and procedure prescribed for appeals from other administrative decisions in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1969, No. 641, § 17; 1981, No. 521, § 3; A.S.A. 1947, §§ 21-2017, 21-2018.1.

(a) Any and all proceedings taken under this chapter shall be subject to and conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., unless otherwise provided by the provisions of this chapter.

(b) Any person aggrieved by any action of the commission pursuant to the authority granted in this chapter may appeal the decision in the manner and procedure prescribed for appeals from other administrative decisions in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1969, No. 641, § 17; 1981, No. 521, § 3; A.S.A. 1947, §§ 21-2017, 21-2018.1.
Ark. Code Ann. § 17-95-904 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-904
Renewal
Status: in_force

(a) Upon notification from the Arkansas State Medical Board, an individual who holds a license as a graduate registered physician in this state shall renew the license by: (1) Submitting the appropriate fee as determined by the board; (2) Completing the appropriate renewal forms; (3) Submitting verification of actual practice under a physician-drafted protocol during the immediately preceding licensure period; and (4) Meeting other requirements set by the board. (b) The board shall determine the renewal period. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

(a) Upon notification from the Arkansas State Medical Board, an individual who holds a license as a graduate registered physician in this state shall renew the license by: (1) Submitting the appropriate fee as determined by the board; (2) Completing the appropriate renewal forms; (3) Submitting verification of actual practice under a physician-drafted protocol during the immediately preceding licensure period; and (4) Meeting other requirements set by the board.

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

(2) Completing the appropriate renewal forms;

(3) Submitting verification of actual practice under a physician-drafted protocol during the immediately preceding licensure period; and

(4) Meeting other requirements set by the board.

(b) The board shall determine the renewal period.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-93-308 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-308
Revocation, suspension, or denial - Grounds
Status: in_force

(a) After due notice and hearing, the Arkansas State Board of Physical Therapy may suspend, revoke, or refuse to issue or renew the license of a person licensed under this chapter, or take other appropriate action against a person licensed under this chapter, who: (1) Practices as a physical therapist or works as a physical therapist assistant when his or her physical or mental abilities are impaired by the use of a controlled substance or other habit-forming drugs, chemicals, alcohol, or any other causes; (2) Has been convicted of violating any state or federal narcotics law; (3) Is, in the judgment of the board, guilty of immoral or unprofessional conduct; (4) [Repealed.] (5) Is guilty, in the judgment of the board, of gross negligence in his or her practice; (6) Has obtained, or attempted to obtain, licensure by fraud or material misrepresentation; (7) Has been declared insane by a court of competent jurisdiction and has not subsequently been lawfully declared sane; (8) Has treated, or undertaken to treat, ailments of human beings otherwise than by physical therapy and as authorized by this chapter; (9) (A) Engages, directly or indirectly, in the division, transferring, assigning, rebating, or refunding of fees received for professional services or gratuity with a physician or healthcare practitioner who referred a patient, or with a relative or business associate of the referring person, without appropriate disclosure to the patient so referred. (B) This subdivision (a)(9) does not prohibit the members of any regularly and properly organized business entity recognized by Arkansas law and composed of physical therapists from making a division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. (C) This subdivision (a)(9) shall not apply to any physical therapist employed by a licensed physician on July 15, 1991, during the term of such employment, nor shall it apply to physical therapy positions on the premises of Arkansas-licensed hospitals and nursing homes; (10) Attempts to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including without limitation: (A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity; (B) Failing to comply with all test center security procedures; (C) Communicating or attempting to communicate with other examinees during the test; or (D) Copying or sharing examination questions or portions of questions; (11) Has had any of the following disciplinary actions taken against him or her by the proper authorities of another state, territory, or country: (A) A license revoked or suspended; or (B) An application for licensure refused, revoked, or suspended; (12) (A) Has been convicted of or pleaded guilty or nolo contendere to a felony in the courts of this state or any other state, territory, or country. (B) As used in subdivision (a)(12)(A) of this section, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, admission of guilt, an Alford plea, or a plea of nolo contendere; and (13) Is in violation of this chapter or any rule promulgated by the board. (b) The procedure in all disciplinary actions shall be as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall include the power to subpoena documents and people. Amended by Act 2019, No. 315,§ 1604, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 94, eff. 7/24/2019. Acts 1959, No. 141, § 12; 1979, No. 631, § 7; A.S.A. 1947, § 72-1328; Acts 1991, No. 1011, § 1; 1995, No. 742, § 3; 2001, No. 1412, § 8; 2009, No. 1471, § 8.

(a) After due notice and hearing, the Arkansas State Board of Physical Therapy may suspend, revoke, or refuse to issue or renew the license of a person licensed under this chapter, or take other appropriate action against a person licensed under this chapter, who: (1) Practices as a physical therapist or works as a physical therapist assistant when his or her physical or mental abilities are impaired by the use of a controlled substance or other habit-forming drugs, chemicals, alcohol, or any other causes; (2) Has been convicted of violating any state or federal narcotics law; (3) Is, in the judgment of the board, guilty of immoral or unprofessional conduct; (4) [Repealed.] (5) Is guilty, in the judgment of the board, of gross negligence in his or her practice; (6) Has obtained, or attempted to obtain, licensure by fraud or material misrepresentation; (7) Has been declared insane by a court of competent jurisdiction and has not subsequently been lawfully declared sane; (8) Has treated, or undertaken to treat, ailments of human beings otherwise than by physical therapy and as authorized by this chapter; (9) (A) Engages, directly or indirectly, in the division, transferring, assigning, rebating, or refunding of fees received for professional services or gratuity with a physician or healthcare practitioner who referred a patient, or with a relative or business associate of the referring person, without appropriate disclosure to the patient so referred. (B) This subdivision (a)(9) does not prohibit the members of any regularly and properly organized business entity recognized by Arkansas law and composed of physical therapists from making a division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. (C) This subdivision (a)(9) shall not apply to any physical therapist employed by a licensed physician on July 15, 1991, during the term of such employment, nor shall it apply to physical therapy positions on the premises of Arkansas-licensed hospitals and nursing homes; (10) Attempts to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including without limitation: (A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity; (B) Failing to comply with all test center security procedures; (C) Communicating or attempting to communicate with other examinees during the test; or (D) Copying or sharing examination questions or portions of questions; (11) Has had any of the following disciplinary actions taken against him or her by the proper authorities of another state, territory, or country: (A) A license revoked or suspended; or (B) An application for licensure refused, revoked, or suspended; (12) (A) Has been convicted of or pleaded guilty or nolo contendere to a felony in the courts of this state or any other state, territory, or country. (B) As used in subdivision (a)(12)(A) of this section, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, admission of guilt, an Alford plea, or a plea of nolo contendere; and (13) Is in violation of this chapter or any rule promulgated by the board.

(1) Practices as a physical therapist or works as a physical therapist assistant when his or her physical or mental abilities are impaired by the use of a controlled substance or other habit-forming drugs, chemicals, alcohol, or any other causes;

(2) Has been convicted of violating any state or federal narcotics law;

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

(4) [Repealed.]

(5) Is guilty, in the judgment of the board, of gross negligence in his or her practice;

(6) Has obtained, or attempted to obtain, licensure by fraud or material misrepresentation;

(7) Has been declared insane by a court of competent jurisdiction and has not subsequently been lawfully declared sane;

(8) Has treated, or undertaken to treat, ailments of human beings otherwise than by physical therapy and as authorized by this chapter;

(9) (A) Engages, directly or indirectly, in the division, transferring, assigning, rebating, or refunding of fees received for professional services or gratuity with a physician or healthcare practitioner who referred a patient, or with a relative or business associate of the referring person, without appropriate disclosure to the patient so referred. (B) This subdivision (a)(9) does not prohibit the members of any regularly and properly organized business entity recognized by Arkansas law and composed of physical therapists from making a division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. (C) This subdivision (a)(9) shall not apply to any physical therapist employed by a licensed physician on July 15, 1991, during the term of such employment, nor shall it apply to physical therapy positions on the premises of Arkansas-licensed hospitals and nursing homes;

(A) Engages, directly or indirectly, in the division, transferring, assigning, rebating, or refunding of fees received for professional services or gratuity with a physician or healthcare practitioner who referred a patient, or with a relative or business associate of the referring person, without appropriate disclosure to the patient so referred.

(B) This subdivision (a)(9) does not prohibit the members of any regularly and properly organized business entity recognized by Arkansas law and composed of physical therapists from making a division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs.

(C) This subdivision (a)(9) shall not apply to any physical therapist employed by a licensed physician on July 15, 1991, during the term of such employment, nor shall it apply to physical therapy positions on the premises of Arkansas-licensed hospitals and nursing homes;

(10) Attempts to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including without limitation: (A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity; (B) Failing to comply with all test center security procedures; (C) Communicating or attempting to communicate with other examinees during the test; or (D) Copying or sharing examination questions or portions of questions;

(A) Utilizing in any manner recalled or memorized examination questions from or with a person or entity;

(B) Failing to comply with all test center security procedures;

(C) Communicating or attempting to communicate with other examinees during the test; or

(D) Copying or sharing examination questions or portions of questions;

(11) Has had any of the following disciplinary actions taken against him or her by the proper authorities of another state, territory, or country: (A) A license revoked or suspended; or (B) An application for licensure refused, revoked, or suspended;

(A) A license revoked or suspended; or

(B) An application for licensure refused, revoked, or suspended;

(12) (A) Has been convicted of or pleaded guilty or nolo contendere to a felony in the courts of this state or any other state, territory, or country. (B) As used in subdivision (a)(12)(A) of this section, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, admission of guilt, an Alford plea, or a plea of nolo contendere; and

(A) Has been convicted of or pleaded guilty or nolo contendere to a felony in the courts of this state or any other state, territory, or country.

(B) As used in subdivision (a)(12)(A) of this section, "convicted" includes a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, admission of guilt, an Alford plea, or a plea of nolo contendere; and

(13) Is in violation of this chapter or any rule promulgated by the board.

(b) The procedure in all disciplinary actions shall be as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall include the power to subpoena documents and people.

Amended by Act 2019, No. 315,§ 1604, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 94, eff. 7/24/2019.

Acts 1959, No. 141, § 12; 1979, No. 631, § 7; A.S.A. 1947, § 72-1328; Acts 1991, No. 1011, § 1; 1995, No. 742, § 3; 2001, No. 1412, § 8; 2009, No. 1471, § 8.
Ark. Code Ann. § 17-40-331 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-331
Previously issued license, credential, or commission
Status: in_force

All previously licensed, credentialed, commissioned, or registered persons who were approved before September 1, 2015, shall meet all of the requirements of this chapter upon renewal. Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.

All previously licensed, credentialed, commissioned, or registered persons who were approved before September 1, 2015, shall meet all of the requirements of this chapter upon renewal.

Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Ark. Code Ann. § 17-100-201 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-201
Creation - Members
Status: in_force

(a) There is established the Board of Examiners in Speech-Language Pathology and Audiology within the Department of Health. (b) (1) (A) The board shall be composed of seven (7) members appointed by the Governor to three-year terms. (B) The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments. (2) (A) (i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate. (ii) The Governor shall appoint a new member of the board if a vacancy occurs. (B) The board shall have the following professional members: (i) Two (2) speech-language pathologists; (ii) Two (2) audiologists; and (iii) A fifth member who shall be either a speech-language pathologist or an audiologist. (C) There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology. (3) (A) One (1) member of the board shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in the grading of examinations. (4) The consumer representative position and the representative of the elderly position may not be filled by the same person. (c) A person shall not be eligible to serve more than two (2) full consecutive terms. (d) Board members may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 4905, eff. 7/1/2019. Amended by Act 2017, No. 540,§ 34, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 43, eff. 7/22/2015. Amended by Act 2013, No. 219,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 219,§ 3, eff. 8/16/2013. Acts 1975, No. 277, §§ 3, 6; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1803, 72-1806; Acts 1993, No. 121, § 6; 1997, No. 250, § 172; 2001, No. 1553, § 27.

(a) There is established the Board of Examiners in Speech-Language Pathology and Audiology within the Department of Health.

(b) (1) (A) The board shall be composed of seven (7) members appointed by the Governor to three-year terms. (B) The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments. (2) (A) (i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate. (ii) The Governor shall appoint a new member of the board if a vacancy occurs. (B) The board shall have the following professional members: (i) Two (2) speech-language pathologists; (ii) Two (2) audiologists; and (iii) A fifth member who shall be either a speech-language pathologist or an audiologist. (C) There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology. (3) (A) One (1) member of the board shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in the grading of examinations. (4) The consumer representative position and the representative of the elderly position may not be filled by the same person.

(1) (A) The board shall be composed of seven (7) members appointed by the Governor to three-year terms. (B) The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments.

(A) The board shall be composed of seven (7) members appointed by the Governor to three-year terms.

(B) The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments.

(2) (A) (i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate. (ii) The Governor shall appoint a new member of the board if a vacancy occurs. (B) The board shall have the following professional members: (i) Two (2) speech-language pathologists; (ii) Two (2) audiologists; and (iii) A fifth member who shall be either a speech-language pathologist or an audiologist. (C) There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology.

(A) (i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate. (ii) The Governor shall appoint a new member of the board if a vacancy occurs.

(i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate.

(ii) The Governor shall appoint a new member of the board if a vacancy occurs.

(B) The board shall have the following professional members: (i) Two (2) speech-language pathologists; (ii) Two (2) audiologists; and (iii) A fifth member who shall be either a speech-language pathologist or an audiologist.

(i) Two (2) speech-language pathologists;

(ii) Two (2) audiologists; and

(iii) A fifth member who shall be either a speech-language pathologist or an audiologist.

(C) There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology.

(3) (A) One (1) member of the board shall represent the elderly. (B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in the grading of examinations.

(A) One (1) member of the board shall represent the elderly.

(B) The representative of the elderly shall: (i) Be sixty (60) years of age or older; (ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology; (iii) Be appointed from the state at large, subject to confirmation by the Senate; and (iv) Be a full voting member but shall not participate in the grading of examinations.

(i) Be sixty (60) years of age or older;

(ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology;

(iii) Be appointed from the state at large, subject to confirmation by the Senate; and

(iv) Be a full voting member but shall not participate in the grading of examinations.

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

(c) A person shall not be eligible to serve more than two (2) full consecutive terms.

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

Amended by Act 2019, No. 910,§ 4905, eff. 7/1/2019.

Amended by Act 2017, No. 540,§ 34, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 43, eff. 7/22/2015.

Amended by Act 2013, No. 219,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 219,§ 3, eff. 8/16/2013.

Acts 1975, No. 277, §§ 3, 6; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1803, 72-1806; Acts 1993, No. 121, § 6; 1997, No. 250, § 172; 2001, No. 1553, § 27.
Ark. Code Ann. § 17-25-403 — AR Code / Title 17 / Chapter 25 / Subchapter 4 / Section 17-25-403
Liability of customer
Status: in_force

(a) (1) In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, on that customer's project, provided that the customer receives written notice of the contractor's failure to comply with this subchapter before final payment to the contractor. (2) The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice. (3) The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project. (b) (1) As used in this section, "financial obligations" includes, but is not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state. (2) Civil penalties imposed pursuant to § 17-25-103(e)(1)(A) and § 17-25-408 for violations of the provisions of this chapter arise from and are connected to the customer's project, and the provisions of this section apply thereto. Acts 1987, No. 162, § 2; 1989, No. 487, § 2; 1991, No. 783, § 3; 1992 (1st Ex. Sess.), No. 37, § 1; 1999, No. 450, § 1; 2005, No. 187, § 1.

(a) (1) In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, on that customer's project, provided that the customer receives written notice of the contractor's failure to comply with this subchapter before final payment to the contractor. (2) The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice. (3) The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project.

(1) In the event the contractor fails to honor its financial obligations to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, the customer for whom the work was being performed shall be responsible for all financial obligations of the contractor to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, on that customer's project, provided that the customer receives written notice of the contractor's failure to comply with this subchapter before final payment to the contractor.

(2) The responsibility of the customer shall not exceed any amount owed to the contractor on or after the date the customer receives the written notice.

(3) The written notice shall be sent by certified mail, return receipt requested, and must include the maximum amount of all financial obligations the contractor may potentially owe to the State of Arkansas or to any city, county, school district, state agency, or other political subdivision of the state, arising from that customer's project.

(b) (1) As used in this section, "financial obligations" includes, but is not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state. (2) Civil penalties imposed pursuant to § 17-25-103(e)(1)(A) and § 17-25-408 for violations of the provisions of this chapter arise from and are connected to the customer's project, and the provisions of this section apply thereto.

(1) As used in this section, "financial obligations" includes, but is not limited to, civil penalties imposed by the State of Arkansas or any city, county, school district, state agency, or other political subdivision of the state.

(2) Civil penalties imposed pursuant to § 17-25-103(e)(1)(A) and § 17-25-408 for violations of the provisions of this chapter arise from and are connected to the customer's project, and the provisions of this section apply thereto.

Acts 1987, No. 162, § 2; 1989, No. 487, § 2; 1991, No. 783, § 3; 1992 (1st Ex. Sess.), No. 37, § 1; 1999, No. 450, § 1; 2005, No. 187, § 1.
Ark. Code Ann. § 17-89-106 — AR Code / Title 17 / Chapter 89 / Subchapter 1 / Section 17-89-106
Injunctions
Status: in_force

(a) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful business of ophthalmic dispensing or any violation of the provisions of this chapter, with the action being brought in the county in which the alleged unlawful practice or violation occurred or in which the defendant resides, upon the complaint of any individual. (b) The issuance of an injunction by a court shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to criminal prosecution. Acts 1981, No. 589, § 19; A.S.A. 1947, § 72-2119.

(a) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful business of ophthalmic dispensing or any violation of the provisions of this chapter, with the action being brought in the county in which the alleged unlawful practice or violation occurred or in which the defendant resides, upon the complaint of any individual.

(b) The issuance of an injunction by a court shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to criminal prosecution.

Acts 1981, No. 589, § 19; A.S.A. 1947, § 72-2119.
Ark. Code Ann. § 17-1-104 — AR Code / Title 17 / Chapter 1 / Section 17-1-104
Collection of personal information for the purpose of child support enforcement
Status: in_force

(a) On and after July 1, 1997, all persons, agencies, boards, commissions, or other licensing entities issuing any occupational, professional, or business license pursuant to Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall record the name, address, and Social Security number of each person applying for such a license. (b) (1) The name, address, and Social Security number of the person shall appear on the application. However, where an application is not required, the name, address, and Social Security number shall appear on the occupational, professional, or business license. (2) On and after October 1, 2000, the name, address, and Social Security number of each person issued a noncommercial driver's license under Title 27 shall appear on the application for the noncommercial driver's license. This information shall be maintained by the Revenue Division of the Department of Finance and Administration as confidential information not subject to disclosure under any commercial agreement, request under the Freedom of Information Act of 1967, § 25-19-101 et seq., as well as all applicable state and federal confidentiality requirements. (c) (1) The name, address, and Social Security number of each person issued a license under Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall be stored by the person, agency, board, commission, or other licensing entity in an electronic automated data system capable of transferring the information to electronic media. On a quarterly basis, the licensee database shall be transmitted to or made available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for the purposes of cross matching, location, and enforcement of child support obligations. (2) (A) However, subdivision (c)(1) shall not apply to non-occupational licensees or permit holders of the State Plant Board under §§ 20-20-209 - 20-20-211 . (B) The Arkansas State Game and Fish Commission may create an exemption to the requirement under subdivision (c)(1) of this section by rule. (d) (1) Only those persons, agencies, boards, departments, commissions, or other licensing entities that issue five hundred (500) or more licenses each year, or that have a membership of five hundred (500) or more, are required to implement an automated data system as set forth in subsection (c) of this section. (2) Those persons, agencies, boards, departments, commissions, or their licensing entities that issue fewer than five hundred (500) licenses each year, or that have a membership of fewer than five hundred (500), shall not be required to transmit licensee information to the Office of Child Support Enforcement on an automated basis. (e) The name of any member or representative of a licensing entity who refuses to provide license information to the Office of Child Support Enforcement shall be certified by the Office of Child Support Enforcement to the office of the Governor and to the Legislative Council. (f) (1) Member and applicant Social Security information required to be collected under this section shall be maintained in a confidential manner by the licensing entity. (2) Except as authorized herein, such Social Security number information shall not be released publicly and shall be excepted from the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) Disclosure of such Social Security information without the consent of the individual or without court authorization shall be a Class B misdemeanor. (4) Confidentiality requirements associated with the collection and maintenance of Social Security numbers by the licensing entity shall be appropriately disseminated and posted in the licensing entity's offices. Amended by Act 2017, No. 645,§ 1, eff. 8/1/2017. Acts 1997, No. 1163, § 1; 1999, No. 1514, § 21.

(a) On and after July 1, 1997, all persons, agencies, boards, commissions, or other licensing entities issuing any occupational, professional, or business license pursuant to Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall record the name, address, and Social Security number of each person applying for such a license.

(b) (1) The name, address, and Social Security number of the person shall appear on the application. However, where an application is not required, the name, address, and Social Security number shall appear on the occupational, professional, or business license. (2) On and after October 1, 2000, the name, address, and Social Security number of each person issued a noncommercial driver's license under Title 27 shall appear on the application for the noncommercial driver's license. This information shall be maintained by the Revenue Division of the Department of Finance and Administration as confidential information not subject to disclosure under any commercial agreement, request under the Freedom of Information Act of 1967, § 25-19-101 et seq., as well as all applicable state and federal confidentiality requirements.

(1) The name, address, and Social Security number of the person shall appear on the application. However, where an application is not required, the name, address, and Social Security number shall appear on the occupational, professional, or business license.

(2) On and after October 1, 2000, the name, address, and Social Security number of each person issued a noncommercial driver's license under Title 27 shall appear on the application for the noncommercial driver's license. This information shall be maintained by the Revenue Division of the Department of Finance and Administration as confidential information not subject to disclosure under any commercial agreement, request under the Freedom of Information Act of 1967, § 25-19-101 et seq., as well as all applicable state and federal confidentiality requirements.

(c) (1) The name, address, and Social Security number of each person issued a license under Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall be stored by the person, agency, board, commission, or other licensing entity in an electronic automated data system capable of transferring the information to electronic media. On a quarterly basis, the licensee database shall be transmitted to or made available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for the purposes of cross matching, location, and enforcement of child support obligations. (2) (A) However, subdivision (c)(1) shall not apply to non-occupational licensees or permit holders of the State Plant Board under §§ 20-20-209 - 20-20-211 . (B) The Arkansas State Game and Fish Commission may create an exemption to the requirement under subdivision (c)(1) of this section by rule.

(1) The name, address, and Social Security number of each person issued a license under Titles 2-6, 8, 9, 14, 15, 17, 20, 22, 23, and 27 of the Arkansas Code Annotated shall be stored by the person, agency, board, commission, or other licensing entity in an electronic automated data system capable of transferring the information to electronic media. On a quarterly basis, the licensee database shall be transmitted to or made available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for the purposes of cross matching, location, and enforcement of child support obligations.

(2) (A) However, subdivision (c)(1) shall not apply to non-occupational licensees or permit holders of the State Plant Board under §§ 20-20-209 - 20-20-211 . (B) The Arkansas State Game and Fish Commission may create an exemption to the requirement under subdivision (c)(1) of this section by rule.

(A) However, subdivision (c)(1) shall not apply to non-occupational licensees or permit holders of the State Plant Board under §§ 20-20-209 - 20-20-211 .

(B) The Arkansas State Game and Fish Commission may create an exemption to the requirement under subdivision (c)(1) of this section by rule.

(d) (1) Only those persons, agencies, boards, departments, commissions, or other licensing entities that issue five hundred (500) or more licenses each year, or that have a membership of five hundred (500) or more, are required to implement an automated data system as set forth in subsection (c) of this section. (2) Those persons, agencies, boards, departments, commissions, or their licensing entities that issue fewer than five hundred (500) licenses each year, or that have a membership of fewer than five hundred (500), shall not be required to transmit licensee information to the Office of Child Support Enforcement on an automated basis.

(1) Only those persons, agencies, boards, departments, commissions, or other licensing entities that issue five hundred (500) or more licenses each year, or that have a membership of five hundred (500) or more, are required to implement an automated data system as set forth in subsection (c) of this section.

(2) Those persons, agencies, boards, departments, commissions, or their licensing entities that issue fewer than five hundred (500) licenses each year, or that have a membership of fewer than five hundred (500), shall not be required to transmit licensee information to the Office of Child Support Enforcement on an automated basis.

(e) The name of any member or representative of a licensing entity who refuses to provide license information to the Office of Child Support Enforcement shall be certified by the Office of Child Support Enforcement to the office of the Governor and to the Legislative Council.

(f) (1) Member and applicant Social Security information required to be collected under this section shall be maintained in a confidential manner by the licensing entity. (2) Except as authorized herein, such Social Security number information shall not be released publicly and shall be excepted from the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (3) Disclosure of such Social Security information without the consent of the individual or without court authorization shall be a Class B misdemeanor. (4) Confidentiality requirements associated with the collection and maintenance of Social Security numbers by the licensing entity shall be appropriately disseminated and posted in the licensing entity's offices.

(1) Member and applicant Social Security information required to be collected under this section shall be maintained in a confidential manner by the licensing entity.

(2) Except as authorized herein, such Social Security number information shall not be released publicly and shall be excepted from the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(3) Disclosure of such Social Security information without the consent of the individual or without court authorization shall be a Class B misdemeanor.

(4) Confidentiality requirements associated with the collection and maintenance of Social Security numbers by the licensing entity shall be appropriately disseminated and posted in the licensing entity's offices.

Amended by Act 2017, No. 645,§ 1, eff. 8/1/2017.

Acts 1997, No. 1163, § 1; 1999, No. 1514, § 21.
Ark. Code Ann. § 17-40-354 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-354
Fingerprint cards
Status: in_force

(a) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may retain the fingerprints collected for each individual who is fingerprinted under this chapter. (b) The Director of the Division of Arkansas State Police may enroll a person issued a license, credential, or commission under this chapter in a program that electronically notifies law enforcement if the person has been arrested. Amended by Act 2019, No. 910,§ 6002, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 93, eff. 9/1/2015. Acts 2005, No. 2237, § 13.

(a) The Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation may retain the fingerprints collected for each individual who is fingerprinted under this chapter.

(b) The Director of the Division of Arkansas State Police may enroll a person issued a license, credential, or commission under this chapter in a program that electronically notifies law enforcement if the person has been arrested.

Amended by Act 2019, No. 910,§ 6002, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 93, eff. 9/1/2015.

Acts 2005, No. 2237, § 13.
Ark. Code Ann. § 17-101-302 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-302
Veterinarians - Examinations
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission, at such times as it may designate, shall conduct an examination of applicants for license to practice veterinary medicine in the State of Arkansas. (2) All examinations shall be: (A) In writing, supplemented by oral interviews and practical examinations as the commission may deem necessary; and (B) So conducted as to ensure absolute impartiality in grading. (b) The commission hereby adopts the National Board Examination and the Clinical Competency Test, or the North American Veterinary Licensing Examination, or its future equivalent, as a basis for licensure in the State of Arkansas, along with a written examination conducted by the commission. (c) The commission requires that all applicants for licensure to practice veterinary medicine in the State of Arkansas shall pass the National Board Examination and the Clinical Competency Test, or the North American Veterinary Licensing Examination, or its future equivalent, in addition to any and all state examinations, written examinations, oral interviews, and practical demonstrations as the commission may request or require. (d) All applicants are required to complete a written examination conducted by the commission composed of, but not limited to: (1) The Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.; (2) State and federal statutes relating to prescription and controlled drugs; (3) Ethics of veterinary medicine; and (4) Rules and regulations of the Arkansas Livestock and Poultry Commission, the United States Department of Agriculture, the United States Animal and Plant Health Inspection Service, and rabies control. (e) (1) Poultry specialty applicants shall sit for a written examination conducted by the commission on poultry veterinary medicine. (2) A license will be issued to poultry specialty applicants with a seventy percent (70%) or better score on the commission examination and a passing score on the National Board Examination, the North American Veterinary Licensing Examination, or its equivalent. Amended by Act 2023, No. 691,§ 154, eff. 7/1/2023. Acts 1975, No. 650, § 6; A.S.A. 1947, § 72-1137; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 1; 2001, No. 1741, § 4.

(a) (1) The Arkansas Livestock and Poultry Commission, at such times as it may designate, shall conduct an examination of applicants for license to practice veterinary medicine in the State of Arkansas. (2) All examinations shall be: (A) In writing, supplemented by oral interviews and practical examinations as the commission may deem necessary; and (B) So conducted as to ensure absolute impartiality in grading.

(1) The Arkansas Livestock and Poultry Commission, at such times as it may designate, shall conduct an examination of applicants for license to practice veterinary medicine in the State of Arkansas.

(2) All examinations shall be: (A) In writing, supplemented by oral interviews and practical examinations as the commission may deem necessary; and (B) So conducted as to ensure absolute impartiality in grading.

(A) In writing, supplemented by oral interviews and practical examinations as the commission may deem necessary; and

(B) So conducted as to ensure absolute impartiality in grading.

(b) The commission hereby adopts the National Board Examination and the Clinical Competency Test, or the North American Veterinary Licensing Examination, or its future equivalent, as a basis for licensure in the State of Arkansas, along with a written examination conducted by the commission.

(c) The commission requires that all applicants for licensure to practice veterinary medicine in the State of Arkansas shall pass the National Board Examination and the Clinical Competency Test, or the North American Veterinary Licensing Examination, or its future equivalent, in addition to any and all state examinations, written examinations, oral interviews, and practical demonstrations as the commission may request or require.

(d) All applicants are required to complete a written examination conducted by the commission composed of, but not limited to: (1) The Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.; (2) State and federal statutes relating to prescription and controlled drugs; (3) Ethics of veterinary medicine; and (4) Rules and regulations of the Arkansas Livestock and Poultry Commission, the United States Department of Agriculture, the United States Animal and Plant Health Inspection Service, and rabies control.

(1) The Arkansas Veterinary Medical Practice Act, § 17-101-101 et seq.;

(2) State and federal statutes relating to prescription and controlled drugs;

(3) Ethics of veterinary medicine; and

(4) Rules and regulations of the Arkansas Livestock and Poultry Commission, the United States Department of Agriculture, the United States Animal and Plant Health Inspection Service, and rabies control.

(e) (1) Poultry specialty applicants shall sit for a written examination conducted by the commission on poultry veterinary medicine. (2) A license will be issued to poultry specialty applicants with a seventy percent (70%) or better score on the commission examination and a passing score on the National Board Examination, the North American Veterinary Licensing Examination, or its equivalent.

(1) Poultry specialty applicants shall sit for a written examination conducted by the commission on poultry veterinary medicine.

(2) A license will be issued to poultry specialty applicants with a seventy percent (70%) or better score on the commission examination and a passing score on the National Board Examination, the North American Veterinary Licensing Examination, or its equivalent.

Amended by Act 2023, No. 691,§ 154, eff. 7/1/2023.

Acts 1975, No. 650, § 6; A.S.A. 1947, § 72-1137; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 1; 2001, No. 1741, § 4.
Ark. Code Ann. § 17-92-302 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-302
Unlicensed practice - Penalty
Status: in_force

(a) No person shall fill a prescription, compound medicines, or otherwise perform the function of a licensed pharmacist unless the person is: (1) An Arkansas-licensed pharmacist, except students or graduates of a recognized college of pharmacy serving internship as provided by law and regulated by the Arkansas State Board of Pharmacy; (2) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or (3) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder. (b) Any person who is not an Arkansas-licensed pharmacist or a student serving internship or a pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder or a hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder, who shall fill a prescription, compound or dispense medicine, or otherwise perform the functions of a pharmacist, shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) or thirty (30) days' imprisonment, or both fine and imprisonment, for each succeeding offense thereafter. (c) Each day that the person shall fill prescriptions, compound or dispense medicines, or otherwise perform the functions of a pharmacist shall constitute a separate offense. (d) Any licensed pharmacist who shall aid, abet, or encourage any person to violate the provisions of this section shall have his or her license or permit revoked or suspended, within the discretion of the board. Amended by Act 2019, No. 315,§ 1575, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1574, eff. 7/24/2019. Acts 1955, No. 57, § 12; A.S.A. 1947, § 72-1011.8; Acts 1991, No. 740, § 8; 1999, No. 105, §§ 13, 14.

(a) No person shall fill a prescription, compound medicines, or otherwise perform the function of a licensed pharmacist unless the person is: (1) An Arkansas-licensed pharmacist, except students or graduates of a recognized college of pharmacy serving internship as provided by law and regulated by the Arkansas State Board of Pharmacy; (2) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or (3) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder.

(1) An Arkansas-licensed pharmacist, except students or graduates of a recognized college of pharmacy serving internship as provided by law and regulated by the Arkansas State Board of Pharmacy;

(2) A pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder; or

(3) A hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder.

(b) Any person who is not an Arkansas-licensed pharmacist or a student serving internship or a pharmacy technician performing the limited functions permitted under this chapter and rules promulgated hereunder or a hospital pharmacy technician as defined in § 17-92-602 performing the limited functions permitted under that subchapter and rules promulgated thereunder, who shall fill a prescription, compound or dispense medicine, or otherwise perform the functions of a pharmacist, shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) or thirty (30) days' imprisonment, or both fine and imprisonment, for each succeeding offense thereafter.

(c) Each day that the person shall fill prescriptions, compound or dispense medicines, or otherwise perform the functions of a pharmacist shall constitute a separate offense.

(d) Any licensed pharmacist who shall aid, abet, or encourage any person to violate the provisions of this section shall have his or her license or permit revoked or suspended, within the discretion of the board.

Amended by Act 2019, No. 315,§ 1575, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1574, eff. 7/24/2019.

Acts 1955, No. 57, § 12; A.S.A. 1947, § 72-1011.8; Acts 1991, No. 740, § 8; 1999, No. 105, §§ 13, 14.