Ark. Code Ann. § 17-12-106 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-106
Unlawful acts - Definition
Status: in_force

(a) (1) No person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that he or she is a certified public accountant, unless he or she holds a current license as a certified public accountant under § 17-12-301 et seq. and all of his or her offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 . (2) However, a foreign accountant who has received a certificate under the provisions of § 17-12-308(c) may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (b) No firm shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is currently registered under § 17-12-401(b)(1) and all offices of the firm in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 . (c) No person shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that he or she is a public accountant, unless: (1) He or she is currently licensed as a public accountant and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 ; or (2) He or she is currently licensed as a certified public accountant under § 17-12-301 et seq. and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 . (d) No firm shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless the firm is currently registered under § 17-12-401 or § 17-12-402 and all offices of the firm in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 . (e) (1) No person or firm shall assume or use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", "accredited accountant", "accounting practitioner", or any other title or designation likely to be confused with "certified public accountant" or "public accountant", or any of the abbreviations "CA", "LA", "RA", "AA", "AP", or similar abbreviations likely to be confused with "CPA" or "PA". (2) Anyone currently licensed under this chapter and whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may hold himself or herself out to the public as an "accountant" or "auditor". (3) A foreign accountant who receives a certificate under § 17-12-308(c) and all of whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (4) (A) A person or firm shall not use a professional or firm name or designation that is misleading in reference to the legal form of the firm, the ownership of the firm, or the firm's owners, partners, officers, members, managers, or shareholders. (B) However, a firm may use the name of one (1) or more past partners, officers, members, managers, or shareholders in its firm name. (5) (A) (i) A common brand name or initials used by a firm in its name is not misleading if the firm is a network firm. (ii) For purposes of this subsection, "network firm" means an association of entities that includes one (1) or more firms that: (a) Cooperate to enhance the firms' ability to provide professional services; and (b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association. (B) A network firm may consist of a subset of entities within an association only if that subset of entities cooperates and shares one (1) or more of the characteristics in subdivision (e)(5)(A)(ii) of this section. (C) A firm shall comply with the applicable standards on independence if it offers or renders services that require independence. (f) (1) A person who is not a current licensee may not offer to render or render any attest service as defined in § 17-12-103 . (2) The restriction in subdivision (f)(1) of this section does not prohibit any act of a public official or public employee in the performance of that person's duties as such or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports in violation of this chapter. (g) Unless he or she is a current licensee and all of his or her offices in this state for the practice of public accounting are currently maintained and registered under § 17-12-403 , no person shall sign or affix his or her name or any trade or assumed name used by him or her in his or her profession or business with any wording indicating that he or she is an accountant or auditor or with any wording indicating that he or she has expert knowledge in accounting or auditing to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing: (1) Financial information; or (2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations. (h) Unless the firm is currently registered as required by § 17-12-401 et seq. and all of its offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 , no person shall sign or affix a firm name with any wording indicating that it is a partnership, corporation, or limited liability company composed of accountants or auditors or persons having expert knowledge in accounting or auditing to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing: (1) Financial information; or (2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations. (i) (1) No person not currently licensed pursuant to § 17-12-301 et seq., and no firm not currently registered pursuant to § 17-12-401 et seq., shall hold himself or herself or itself out to the public as an "accountant" or "auditor" by use of either or both of such words on any sign, card, electronic transmission, or letterhead or in any advertisement or directory without indicating thereon or therein that the person or firm does not hold such a license. (2) This subsection shall not prohibit any officer, employee, partner, or principal of any organization from describing himself or herself by the position, title, or office he or she holds in such an organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such. (j) No person shall assume or use the title or designation "certified public accountant" or "public accountant" in conjunction with names indicating or implying that there is a partnership, corporation, or limited liability company if there is, in fact, no bona fide partnership, corporation, or limited liability company currently registered under § 17-12-401 or § 17-12-402 . A sole proprietor, corporation, or partnership lawfully using the title or designation in conjunction with such names or designations on July 9, 1975, may continue to do so if he or she or it otherwise complies with the provisions of this chapter. (k) (1) (A) A licensee shall not for a commission recommend or refer to a client a product or service, or for a commission recommend or refer a product or service to be supplied by a client, or receive a commission when the licensee or the licensee's firm also performs for that client: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards. (B) This prohibition applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (k)(1)(A) of this section and the period covered by any historical financial statements involved in such listed services. (2) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to a person or entity to whom the licensee recommends or refers a product for service to which the commission relates. (3) A licensee who accepts a referral fee for recommending or referring any service of a licensee to a person or entity or who pays a referral fee to obtain a client shall disclose the acceptance or payment to the client. (l) (1) A licensee shall not: (A) Perform for a contingent fee any professional services for or receive such a fee from a client for whom the licensee or the licensee's firm performs: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards; or (B) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for a client. (2) The prohibition in subdivision (l)(1) of this section applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (l)(1) of this section and the period covered by any historical financial statements involved in any such listed services. (3) (A) Except as stated in subdivision (l)(3)(B) of this section, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service. (B) Solely for purposes of this section, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. (C) A licensee's fees may vary depending, for example, on the complexity of services rendered. (m) A firm that is not registered under § 17-12-401 and does not have an office in this state to provide professional services in this state does not violate this section if the firm complies with § 17-12-401(b)(2) or (b)(3) . (n) For purposes of this section: (1) "Licensee" includes an individual using practice privileges under § 17-12-311 on an equal basis; and (2) A reference to a firm registered under § 17-12-401 et seq. includes a firm exempt from registration and practicing under § 17-12-401(b)(2) and (3) . Amended by Act 2019, No. 315,§ 1327, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1326, eff. 7/24/2019. Amended by Act 2013, No. 90,§ 3, eff. 8/16/2013. Acts 1975, No. 160, § 16; A.S.A. 1947, § 71-626; Acts 1991, No. 434, § 1; 1997, No. 242, § 1; 1999, No. 180, § 2; 2005, No. 54, § 3; 2009, No. 93, §§ 2-6.

(a) (1) No person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that he or she is a certified public accountant, unless he or she holds a current license as a certified public accountant under § 17-12-301 et seq. and all of his or her offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 . (2) However, a foreign accountant who has received a certificate under the provisions of § 17-12-308(c) may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.

(1) No person shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that he or she is a certified public accountant, unless he or she holds a current license as a certified public accountant under § 17-12-301 et seq. and all of his or her offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 .

(2) However, a foreign accountant who has received a certificate under the provisions of § 17-12-308(c) may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.

(b) No firm shall assume or use the title or designation "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is currently registered under § 17-12-401(b)(1) and all offices of the firm in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 .

(c) No person shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that he or she is a public accountant, unless: (1) He or she is currently licensed as a public accountant and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 ; or (2) He or she is currently licensed as a certified public accountant under § 17-12-301 et seq. and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 .

(1) He or she is currently licensed as a public accountant and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 ; or

(2) He or she is currently licensed as a certified public accountant under § 17-12-301 et seq. and all of the person's offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 .

(d) No firm shall assume or use the title or designation "public accountant" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless the firm is currently registered under § 17-12-401 or § 17-12-402 and all offices of the firm in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 .

(e) (1) No person or firm shall assume or use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", "accredited accountant", "accounting practitioner", or any other title or designation likely to be confused with "certified public accountant" or "public accountant", or any of the abbreviations "CA", "LA", "RA", "AA", "AP", or similar abbreviations likely to be confused with "CPA" or "PA". (2) Anyone currently licensed under this chapter and whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may hold himself or herself out to the public as an "accountant" or "auditor". (3) A foreign accountant who receives a certificate under § 17-12-308(c) and all of whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (4) (A) A person or firm shall not use a professional or firm name or designation that is misleading in reference to the legal form of the firm, the ownership of the firm, or the firm's owners, partners, officers, members, managers, or shareholders. (B) However, a firm may use the name of one (1) or more past partners, officers, members, managers, or shareholders in its firm name. (5) (A) (i) A common brand name or initials used by a firm in its name is not misleading if the firm is a network firm. (ii) For purposes of this subsection, "network firm" means an association of entities that includes one (1) or more firms that: (a) Cooperate to enhance the firms' ability to provide professional services; and (b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association. (B) A network firm may consist of a subset of entities within an association only if that subset of entities cooperates and shares one (1) or more of the characteristics in subdivision (e)(5)(A)(ii) of this section. (C) A firm shall comply with the applicable standards on independence if it offers or renders services that require independence.

(1) No person or firm shall assume or use the title or designation "certified accountant", "chartered accountant", "enrolled accountant", "licensed accountant", "registered accountant", "accredited accountant", "accounting practitioner", or any other title or designation likely to be confused with "certified public accountant" or "public accountant", or any of the abbreviations "CA", "LA", "RA", "AA", "AP", or similar abbreviations likely to be confused with "CPA" or "PA".

(2) Anyone currently licensed under this chapter and whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may hold himself or herself out to the public as an "accountant" or "auditor".

(3) A foreign accountant who receives a certificate under § 17-12-308(c) and all of whose offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.

(4) (A) A person or firm shall not use a professional or firm name or designation that is misleading in reference to the legal form of the firm, the ownership of the firm, or the firm's owners, partners, officers, members, managers, or shareholders. (B) However, a firm may use the name of one (1) or more past partners, officers, members, managers, or shareholders in its firm name.

(A) A person or firm shall not use a professional or firm name or designation that is misleading in reference to the legal form of the firm, the ownership of the firm, or the firm's owners, partners, officers, members, managers, or shareholders.

(B) However, a firm may use the name of one (1) or more past partners, officers, members, managers, or shareholders in its firm name.

(5) (A) (i) A common brand name or initials used by a firm in its name is not misleading if the firm is a network firm. (ii) For purposes of this subsection, "network firm" means an association of entities that includes one (1) or more firms that: (a) Cooperate to enhance the firms' ability to provide professional services; and (b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association. (B) A network firm may consist of a subset of entities within an association only if that subset of entities cooperates and shares one (1) or more of the characteristics in subdivision (e)(5)(A)(ii) of this section. (C) A firm shall comply with the applicable standards on independence if it offers or renders services that require independence.

(A) (i) A common brand name or initials used by a firm in its name is not misleading if the firm is a network firm. (ii) For purposes of this subsection, "network firm" means an association of entities that includes one (1) or more firms that: (a) Cooperate to enhance the firms' ability to provide professional services; and (b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association.

(i) A common brand name or initials used by a firm in its name is not misleading if the firm is a network firm.

(ii) For purposes of this subsection, "network firm" means an association of entities that includes one (1) or more firms that: (a) Cooperate to enhance the firms' ability to provide professional services; and (b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association.

(a) Cooperate to enhance the firms' ability to provide professional services; and

(b) Share one (1) or more of the following: (1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means; (2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm; (3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it; (4) Significant part of professional resources; and (5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association.

(1) Common control as defined by generally accepted accounting principles in the United States through ownership, management, or other means;

(2) Profits or costs, excluding costs of operating the association, developing audit methodologies, manuals, and training courses, or other costs that are immaterial to the firm;

(3) A common business strategy, established by the association, that involves ongoing collaboration among the firms and whereby the firms are responsible for implementing the strategy and are held accountable for their performance under it;

(4) Significant part of professional resources; and

(5) Common quality control policies and procedures that the firms are required to implement and are monitored by the association.

(B) A network firm may consist of a subset of entities within an association only if that subset of entities cooperates and shares one (1) or more of the characteristics in subdivision (e)(5)(A)(ii) of this section.

(C) A firm shall comply with the applicable standards on independence if it offers or renders services that require independence.

(f) (1) A person who is not a current licensee may not offer to render or render any attest service as defined in § 17-12-103 . (2) The restriction in subdivision (f)(1) of this section does not prohibit any act of a public official or public employee in the performance of that person's duties as such or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports in violation of this chapter.

(1) A person who is not a current licensee may not offer to render or render any attest service as defined in § 17-12-103 .

(2) The restriction in subdivision (f)(1) of this section does not prohibit any act of a public official or public employee in the performance of that person's duties as such or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports in violation of this chapter.

(g) Unless he or she is a current licensee and all of his or her offices in this state for the practice of public accounting are currently maintained and registered under § 17-12-403 , no person shall sign or affix his or her name or any trade or assumed name used by him or her in his or her profession or business with any wording indicating that he or she is an accountant or auditor or with any wording indicating that he or she has expert knowledge in accounting or auditing to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing: (1) Financial information; or (2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations.

(1) Financial information; or

(2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations.

(h) Unless the firm is currently registered as required by § 17-12-401 et seq. and all of its offices in this state for the practice of public accounting are currently maintained and registered as required under § 17-12-403 , no person shall sign or affix a firm name with any wording indicating that it is a partnership, corporation, or limited liability company composed of accountants or auditors or persons having expert knowledge in accounting or auditing to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing: (1) Financial information; or (2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations.

(1) Financial information; or

(2) Facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, rules, regulations, grants, loans, and appropriations.

(i) (1) No person not currently licensed pursuant to § 17-12-301 et seq., and no firm not currently registered pursuant to § 17-12-401 et seq., shall hold himself or herself or itself out to the public as an "accountant" or "auditor" by use of either or both of such words on any sign, card, electronic transmission, or letterhead or in any advertisement or directory without indicating thereon or therein that the person or firm does not hold such a license. (2) This subsection shall not prohibit any officer, employee, partner, or principal of any organization from describing himself or herself by the position, title, or office he or she holds in such an organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such.

(1) No person not currently licensed pursuant to § 17-12-301 et seq., and no firm not currently registered pursuant to § 17-12-401 et seq., shall hold himself or herself or itself out to the public as an "accountant" or "auditor" by use of either or both of such words on any sign, card, electronic transmission, or letterhead or in any advertisement or directory without indicating thereon or therein that the person or firm does not hold such a license.

(2) This subsection shall not prohibit any officer, employee, partner, or principal of any organization from describing himself or herself by the position, title, or office he or she holds in such an organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such.

(j) No person shall assume or use the title or designation "certified public accountant" or "public accountant" in conjunction with names indicating or implying that there is a partnership, corporation, or limited liability company if there is, in fact, no bona fide partnership, corporation, or limited liability company currently registered under § 17-12-401 or § 17-12-402 . A sole proprietor, corporation, or partnership lawfully using the title or designation in conjunction with such names or designations on July 9, 1975, may continue to do so if he or she or it otherwise complies with the provisions of this chapter.

(k) (1) (A) A licensee shall not for a commission recommend or refer to a client a product or service, or for a commission recommend or refer a product or service to be supplied by a client, or receive a commission when the licensee or the licensee's firm also performs for that client: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards. (B) This prohibition applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (k)(1)(A) of this section and the period covered by any historical financial statements involved in such listed services. (2) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to a person or entity to whom the licensee recommends or refers a product for service to which the commission relates. (3) A licensee who accepts a referral fee for recommending or referring any service of a licensee to a person or entity or who pays a referral fee to obtain a client shall disclose the acceptance or payment to the client.

(1) (A) A licensee shall not for a commission recommend or refer to a client a product or service, or for a commission recommend or refer a product or service to be supplied by a client, or receive a commission when the licensee or the licensee's firm also performs for that client: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards. (B) This prohibition applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (k)(1)(A) of this section and the period covered by any historical financial statements involved in such listed services.

(A) A licensee shall not for a commission recommend or refer to a client a product or service, or for a commission recommend or refer a product or service to be supplied by a client, or receive a commission when the licensee or the licensee's firm also performs for that client: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards.

(i) An audit or review of a financial statement;

(ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence;

(iii) An examination of prospective financial information; or

(iv) An engagement to be performed in accordance with PCAOB standards.

(B) This prohibition applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (k)(1)(A) of this section and the period covered by any historical financial statements involved in such listed services.

(2) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to a person or entity to whom the licensee recommends or refers a product for service to which the commission relates.

(3) A licensee who accepts a referral fee for recommending or referring any service of a licensee to a person or entity or who pays a referral fee to obtain a client shall disclose the acceptance or payment to the client.

(l) (1) A licensee shall not: (A) Perform for a contingent fee any professional services for or receive such a fee from a client for whom the licensee or the licensee's firm performs: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards; or (B) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for a client. (2) The prohibition in subdivision (l)(1) of this section applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (l)(1) of this section and the period covered by any historical financial statements involved in any such listed services. (3) (A) Except as stated in subdivision (l)(3)(B) of this section, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service. (B) Solely for purposes of this section, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. (C) A licensee's fees may vary depending, for example, on the complexity of services rendered.

(1) A licensee shall not: (A) Perform for a contingent fee any professional services for or receive such a fee from a client for whom the licensee or the licensee's firm performs: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards; or (B) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for a client.

(A) Perform for a contingent fee any professional services for or receive such a fee from a client for whom the licensee or the licensee's firm performs: (i) An audit or review of a financial statement; (ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence; (iii) An examination of prospective financial information; or (iv) An engagement to be performed in accordance with PCAOB standards; or

(i) An audit or review of a financial statement;

(ii) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation report does not disclose a lack of independence;

(iii) An examination of prospective financial information; or

(iv) An engagement to be performed in accordance with PCAOB standards; or

(B) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for a client.

(2) The prohibition in subdivision (l)(1) of this section applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (l)(1) of this section and the period covered by any historical financial statements involved in any such listed services.

(3) (A) Except as stated in subdivision (l)(3)(B) of this section, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service. (B) Solely for purposes of this section, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. (C) A licensee's fees may vary depending, for example, on the complexity of services rendered.

(A) Except as stated in subdivision (l)(3)(B) of this section, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service.

(B) Solely for purposes of this section, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies.

(C) A licensee's fees may vary depending, for example, on the complexity of services rendered.

(m) A firm that is not registered under § 17-12-401 and does not have an office in this state to provide professional services in this state does not violate this section if the firm complies with § 17-12-401(b)(2) or (b)(3) .

(n) For purposes of this section: (1) "Licensee" includes an individual using practice privileges under § 17-12-311 on an equal basis; and (2) A reference to a firm registered under § 17-12-401 et seq. includes a firm exempt from registration and practicing under § 17-12-401(b)(2) and (3) .

(1) "Licensee" includes an individual using practice privileges under § 17-12-311 on an equal basis; and

(2) A reference to a firm registered under § 17-12-401 et seq. includes a firm exempt from registration and practicing under § 17-12-401(b)(2) and (3) .

Amended by Act 2019, No. 315,§ 1327, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1326, eff. 7/24/2019.

Amended by Act 2013, No. 90,§ 3, eff. 8/16/2013.

Acts 1975, No. 160, § 16; A.S.A. 1947, § 71-626; Acts 1991, No. 434, § 1; 1997, No. 242, § 1; 1999, No. 180, § 2; 2005, No. 54, § 3; 2009, No. 93, §§ 2-6.
Ark. Code Ann. § 17-92-904 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-904
Supply order required
Status: in_force

(a) Home medical equipment, legend device, and medical gas suppliers shall not supply medical gases or legend devices to a patient without an order. (b) (1) Orders may be issued for institutional, medical practitioner, and individual patient use. (2) It is also recognized that oxygen, liquid oxygen, and legend devices may be used in emergencies by trained individuals. (3) Nothing in this subchapter shall prohibit the prehospital emergency administration of oxygen by licensed healthcare providers, emergency medical technicians, first responders, firefighters, law enforcement officers, and other emergency personnel trained in the proper use of emergency oxygen. Acts 1995, No. 1101, § 6.

(a) Home medical equipment, legend device, and medical gas suppliers shall not supply medical gases or legend devices to a patient without an order.

(b) (1) Orders may be issued for institutional, medical practitioner, and individual patient use. (2) It is also recognized that oxygen, liquid oxygen, and legend devices may be used in emergencies by trained individuals. (3) Nothing in this subchapter shall prohibit the prehospital emergency administration of oxygen by licensed healthcare providers, emergency medical technicians, first responders, firefighters, law enforcement officers, and other emergency personnel trained in the proper use of emergency oxygen.

(1) Orders may be issued for institutional, medical practitioner, and individual patient use.

(2) It is also recognized that oxygen, liquid oxygen, and legend devices may be used in emergencies by trained individuals.

(3) Nothing in this subchapter shall prohibit the prehospital emergency administration of oxygen by licensed healthcare providers, emergency medical technicians, first responders, firefighters, law enforcement officers, and other emergency personnel trained in the proper use of emergency oxygen.

Acts 1995, No. 1101, § 6.
Ark. Code Ann. § 17-29-210 — AR Code / Title 17 / Chapter 29 / Subchapter 2 / Section 17-29-210
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 5, eff. 7/1/2018. Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.

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

Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.
Ark. Code Ann. § 17-90-305 — AR Code / Title 17 / Chapter 90 / Subchapter 3 / Section 17-90-305
Revocation, suspension, or refusal to renew - Grounds
Status: in_force

(a) The State Board of Optometry shall have the power to revoke, suspend, place a license on probation for such time as the board shall order and under such conditions as the board may impose, to ensure the health and safety of the citizens of Arkansas, impose a fine of up to one thousand dollars ($1,000) per violation, refuse to renew a license or reprimand the licensee, or any combination thereof, if the board finds that the individual has committed any of the following offenses: (1) Perpetrating a fraud on the public; (2) Presenting false information or documentation to the board in an attempt to obtain or to retain a license; (3) Conviction of a felony listed under § 17-3-102 or the conviction of a misdemeanor, if the misdemeanor conduct would denote an impairment in the ability to practice optometry; (4) Habitual drunkenness; (5) Habitual or excessive use of schedule medication or other habit-forming or mind-altering drugs that would impair the ability to practice optometry; (6) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, and prescribing of schedule medication; (7) Flagrant overcharging or billing; (8) False representation of materials; (9) False or misleading advertising; (10) Gross incompetency in the treatment of patients; (11) Unprofessional conduct; (12) Suffering from mental disease or defect rendering the licensee incompetent to practice optometry as a result of proof given by a licensed medical psychiatrist in the State of Arkansas and in combination with testimony of a licensed optometrist; (13) Violation of any provision of the laws of Arkansas regulating the practice of optometry; (14) Violation of any rule of the board; (15) Violation of any term of probation or order rendered by the board; or (16) Having been found in violation of a statute or a rule or regulation governing the practice of optometry by the optometry licensing authority or agency of another state. (b) In addition to those acts which may be prescribed by the board as unprofessional conduct, the following shall be deemed by the board to be unprofessional: (1) The violation of any provision of this chapter; or (2) The acceptance of employment either directly or indirectly by a licensed optometrist from an optometrist not licensed in Arkansas or from an unlicensed person, firm, or corporation engaged in any business or profession to assist it, him or her, or them, in practicing optometry in this state. Amended by Act 2019, No. 315,§ 1562, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 87, eff. 7/24/2019. Acts 1941, No. 94, § 9; A.S.A. 1947, § 72-812; Acts 2001, No. 506, § 4; 2007, No. 123, § 2.

(a) The State Board of Optometry shall have the power to revoke, suspend, place a license on probation for such time as the board shall order and under such conditions as the board may impose, to ensure the health and safety of the citizens of Arkansas, impose a fine of up to one thousand dollars ($1,000) per violation, refuse to renew a license or reprimand the licensee, or any combination thereof, if the board finds that the individual has committed any of the following offenses: (1) Perpetrating a fraud on the public; (2) Presenting false information or documentation to the board in an attempt to obtain or to retain a license; (3) Conviction of a felony listed under § 17-3-102 or the conviction of a misdemeanor, if the misdemeanor conduct would denote an impairment in the ability to practice optometry; (4) Habitual drunkenness; (5) Habitual or excessive use of schedule medication or other habit-forming or mind-altering drugs that would impair the ability to practice optometry; (6) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, and prescribing of schedule medication; (7) Flagrant overcharging or billing; (8) False representation of materials; (9) False or misleading advertising; (10) Gross incompetency in the treatment of patients; (11) Unprofessional conduct; (12) Suffering from mental disease or defect rendering the licensee incompetent to practice optometry as a result of proof given by a licensed medical psychiatrist in the State of Arkansas and in combination with testimony of a licensed optometrist; (13) Violation of any provision of the laws of Arkansas regulating the practice of optometry; (14) Violation of any rule of the board; (15) Violation of any term of probation or order rendered by the board; or (16) Having been found in violation of a statute or a rule or regulation governing the practice of optometry by the optometry licensing authority or agency of another state.

(1) Perpetrating a fraud on the public;

(2) Presenting false information or documentation to the board in an attempt to obtain or to retain a license;

(3) Conviction of a felony listed under § 17-3-102 or the conviction of a misdemeanor, if the misdemeanor conduct would denote an impairment in the ability to practice optometry;

(4) Habitual drunkenness;

(5) Habitual or excessive use of schedule medication or other habit-forming or mind-altering drugs that would impair the ability to practice optometry;

(6) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, and prescribing of schedule medication;

(7) Flagrant overcharging or billing;

(8) False representation of materials;

(9) False or misleading advertising;

(10) Gross incompetency in the treatment of patients;

(11) Unprofessional conduct;

(12) Suffering from mental disease or defect rendering the licensee incompetent to practice optometry as a result of proof given by a licensed medical psychiatrist in the State of Arkansas and in combination with testimony of a licensed optometrist;

(13) Violation of any provision of the laws of Arkansas regulating the practice of optometry;

(14) Violation of any rule of the board;

(15) Violation of any term of probation or order rendered by the board; or

(16) Having been found in violation of a statute or a rule or regulation governing the practice of optometry by the optometry licensing authority or agency of another state.

(b) In addition to those acts which may be prescribed by the board as unprofessional conduct, the following shall be deemed by the board to be unprofessional: (1) The violation of any provision of this chapter; or (2) The acceptance of employment either directly or indirectly by a licensed optometrist from an optometrist not licensed in Arkansas or from an unlicensed person, firm, or corporation engaged in any business or profession to assist it, him or her, or them, in practicing optometry in this state.

(1) The violation of any provision of this chapter; or

(2) The acceptance of employment either directly or indirectly by a licensed optometrist from an optometrist not licensed in Arkansas or from an unlicensed person, firm, or corporation engaged in any business or profession to assist it, him or her, or them, in practicing optometry in this state.

Amended by Act 2019, No. 315,§ 1562, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 87, eff. 7/24/2019.

Acts 1941, No. 94, § 9; A.S.A. 1947, § 72-812; Acts 2001, No. 506, § 4; 2007, No. 123, § 2.
Ark. Code Ann. § 17-25-512 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-512
Expiration of license - Fees
Status: in_force

(a) (1) All licenses issued by the Contractors Licensing Board shall expire one (1) year after the date of issuance unless otherwise provided by the Residential Contractors Committee. (2) The committee may charge reasonable examination fees and delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for new licenses or renewal of a license. (3) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the board to implement this subchapter. (b) The committee may provide by rule for renewal of licenses for a period of one (1) year, two (2) years, or three (3) years with the fee not to exceed one hundred dollars ($100) per year. Amended by Act 2021, No. 330,§ 2, eff. 7/28/2021. Acts 1999, No. 950, § 1; 2011, No. 1208, § 12.

(a) (1) All licenses issued by the Contractors Licensing Board shall expire one (1) year after the date of issuance unless otherwise provided by the Residential Contractors Committee. (2) The committee may charge reasonable examination fees and delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for new licenses or renewal of a license. (3) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the board to implement this subchapter.

(1) All licenses issued by the Contractors Licensing Board shall expire one (1) year after the date of issuance unless otherwise provided by the Residential Contractors Committee.

(2) The committee may charge reasonable examination fees and delinquency fees and may charge a fee not to exceed one hundred dollars ($100) for new licenses or renewal of a license.

(3) All fees and other moneys collected by the committee shall be disposed of as provided by § 17-25-205 and shall be used by the board to implement this subchapter.

(b) The committee may provide by rule for renewal of licenses for a period of one (1) year, two (2) years, or three (3) years with the fee not to exceed one hundred dollars ($100) per year.

Amended by Act 2021, No. 330,§ 2, eff. 7/28/2021.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 12.
Ark. Code Ann. § 17-100-208 — AR Code / Title 17 / Chapter 100 / Subchapter 2 / Section 17-100-208
Outside investigators
Status: in_force

(a) (1) The Board of Examiners in Speech-Language Pathology and Audiology shall contract with an outside investigator as needed to perform investigations and conduct inspections of alleged wrongdoing. (2) An outside investigator contacted under subdivision (a)(1) of this section shall have expertise or background in the subject matter in which he or she is being contracted to investigate. (b) The duties of an investigator hired under this section shall include without limitation investigation and inspection of all complaints, as determined by the board, to determine whether a person has: (1) Practiced his or her profession in such a way as to endanger the general health and welfare of the public; or (2) Otherwise violated this chapter or rules of the board. (c) (1) The board shall file a report annually on or before December 1 with the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs for the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs' review. (2) The report shall include: (A) The number of complaints that have been filed; (B) A list of who has been investigated and the purported violation; and (C) A summary of the findings of each investigation. Added by Act 2023, No. 859,§ 53, eff. 7/1/2023.

(a) (1) The Board of Examiners in Speech-Language Pathology and Audiology shall contract with an outside investigator as needed to perform investigations and conduct inspections of alleged wrongdoing. (2) An outside investigator contacted under subdivision (a)(1) of this section shall have expertise or background in the subject matter in which he or she is being contracted to investigate.

(1) The Board of Examiners in Speech-Language Pathology and Audiology shall contract with an outside investigator as needed to perform investigations and conduct inspections of alleged wrongdoing.

(2) An outside investigator contacted under subdivision (a)(1) of this section shall have expertise or background in the subject matter in which he or she is being contracted to investigate.

(b) The duties of an investigator hired under this section shall include without limitation investigation and inspection of all complaints, as determined by the board, to determine whether a person has: (1) Practiced his or her profession in such a way as to endanger the general health and welfare of the public; or (2) Otherwise violated this chapter or rules of the board.

(1) Practiced his or her profession in such a way as to endanger the general health and welfare of the public; or

(2) Otherwise violated this chapter or rules of the board.

(c) (1) The board shall file a report annually on or before December 1 with the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs for the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs' review. (2) The report shall include: (A) The number of complaints that have been filed; (B) A list of who has been investigated and the purported violation; and (C) A summary of the findings of each investigation.

(1) The board shall file a report annually on or before December 1 with the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs for the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs' review.

(2) The report shall include: (A) The number of complaints that have been filed; (B) A list of who has been investigated and the purported violation; and (C) A summary of the findings of each investigation.

(A) The number of complaints that have been filed;

(B) A list of who has been investigated and the purported violation; and

(C) A summary of the findings of each investigation.

Added by Act 2023, No. 859,§ 53, eff. 7/1/2023.
Ark. Code Ann. § 17-11-401 — AR Code / Title 17 / Chapter 11 / Subchapter 4 / Section 17-11-401
[Repealed]
Status: repealed

Repealed by Act 2023, No. 628,§ 16, eff. 7/1/2023. Acts 2007, No. 1042, § 3.

Repealed by Act 2023, No. 628,§ 16, eff. 7/1/2023.

Acts 2007, No. 1042, § 3.
Ark. Code Ann. § 17-26-309 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-309
Examination for cosmetologists and all branches of cosmetology
Status: in_force

Examinations for license as cosmetologists and all other branches of cosmetology shall include a written core and law test and a practical test that embrace all phases of cosmetology as deemed necessary by the Cosmetology Technical Advisory Committee to protect the health, safety, and welfare of the public. Acts 1955, No. 358, Art. 6, § 3; A.S.A. 1947, § 71-841; Acts 2005, No. 207, § 1; 2007, No. 223, § 20.

Examinations for license as cosmetologists and all other branches of cosmetology shall include a written core and law test and a practical test that embrace all phases of cosmetology as deemed necessary by the Cosmetology Technical Advisory Committee to protect the health, safety, and welfare of the public.

Acts 1955, No. 358, Art. 6, § 3; A.S.A. 1947, § 71-841; Acts 2005, No. 207, § 1; 2007, No. 223, § 20.
Ark. Code Ann. § 17-40-310 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-310
License and credential - Form
Status: in_force

A license or credential when issued shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include the: (1) Name of the licensee or credential holder; (2) Name under which the licensee or credential holder is to operate; and (3) License or credential number and date of expiration. Amended by Act 2019, No. 910,§ 5978, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 64, eff. 9/1/2015. Acts 1977, No. 429, § 20; A.S.A. 1947, § 71-2141.

A license or credential when issued shall be in the form prescribed by the Director of the Division of Arkansas State Police and shall include the:

(1) Name of the licensee or credential holder;

(2) Name under which the licensee or credential holder is to operate; and

(3) License or credential number and date of expiration.

Amended by Act 2019, No. 910,§ 5978, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 64, eff. 9/1/2015.

Acts 1977, No. 429, § 20; A.S.A. 1947, § 71-2141.
Ark. Code Ann. § 17-25-508 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-508
Name of licensed contractor
Status: in_force

Contractors licensed under this subchapter may act as such only in the name under which they are licensed by the Residential Contractors Committee. Acts 1999, No. 950, § 1; 2011, No. 1208, § 8.

Contractors licensed under this subchapter may act as such only in the name under which they are licensed by the Residential Contractors Committee.

Acts 1999, No. 950, § 1; 2011, No. 1208, § 8.
Ark. Code Ann. § 17-38-103 — AR Code / Title 17 / Chapter 38 / Subchapter 1 / Section 17-38-103
Scope of state plumbing code
Status: in_force

(a) After adoption according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the provisions of the state plumbing code or amendments to the code as adopted by the State Board of Health defining plumbing work and prescribing minimum requirements for design, materials, appliances, workmanship, and methods of installation shall have the effect and force of law in the form of minimum standards statewide in application. The provisions shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision of the state. (b) All plumbing installations shall be made to conform to the state plumbing code. Acts 1951, No. 200, § 12; 1963, No. 555, § 2; 1975, No. 902, § 10; A.S.A. 1947, § 71-1216; Acts 1987, No. 816, § 11; 2003, No. 1217, § 2.

(a) After adoption according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the provisions of the state plumbing code or amendments to the code as adopted by the State Board of Health defining plumbing work and prescribing minimum requirements for design, materials, appliances, workmanship, and methods of installation shall have the effect and force of law in the form of minimum standards statewide in application. The provisions shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision of the state.

(b) All plumbing installations shall be made to conform to the state plumbing code.

Acts 1951, No. 200, § 12; 1963, No. 555, § 2; 1975, No. 902, § 10; A.S.A. 1947, § 71-1216; Acts 1987, No. 816, § 11; 2003, No. 1217, § 2.
Ark. Code Ann. § 17-30-305 — AR Code / Title 17 / Chapter 30 / Subchapter 3 / Section 17-30-305
Administrative violations and penalties
Status: in_force

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of engineering; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; or (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of engineering. (b) In addition to any other penalty provided in this section, a person who violates this chapter or a rule of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense. (c) (1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster. (2) The publication shall constitute due notice to the licensees. (3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments. (d) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section; (3) Place a licensee on probation under rules prescribed by the board; or (4) Levy a fine of not more than five thousand dollars ($5,000) for each offense. (e) The board may discipline nonlicensees that violate this chapter by imposing a fine of not more than five thousand dollars ($5,000) for each offense. Amended by Act 2019, No. 990,§ 35, eff. 7/24/2019. Acts 1953, No. 214, § 4; A.S.A. 1947, § 71-1021; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, § 6.

(a) The State Board of Licensure for Professional Engineers and Professional Surveyors may suspend, revoke, or refuse to issue, restore, or renew a certificate of licensure of, or place on probation, fine, or reprimand a professional engineer who is: (1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of engineering; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; or (2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of engineering.

(1) Found guilty of: (A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization; (B) Negligence, incompetency, or misconduct in the practice of engineering; (C) Failure to comply with this chapter, the rules of the board, or an order of the board; (D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section; (E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter; (F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment; (G) Aiding or assisting another person in violating this chapter or the rules of the board; (H) Violating a term of probation imposed by the board; (I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive; (J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control; (K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (L) Providing false testimony or information to the board; or (M) Habitual intoxication or addiction to the use of drugs or alcohol; or

(A) Fraud or deceit in obtaining, attempting to obtain, or renewing a certificate of licensure or certificate of authorization;

(B) Negligence, incompetency, or misconduct in the practice of engineering;

(C) Failure to comply with this chapter, the rules of the board, or an order of the board;

(D) Discipline by another state, territory, the District of Columbia, a foreign country, the United States Government, or any other governmental agency, if at least one (1) of the grounds for discipline is the same or substantially equivalent to those contained in this section;

(E) Failure within thirty (30) days to provide information requested by the board as a result of a formal or informal complaint to the board that would indicate a violation of this chapter;

(F) Knowingly making false statements or signing false statements, certificates, or affidavits to induce payment;

(G) Aiding or assisting another person in violating this chapter or the rules of the board;

(H) Violating a term of probation imposed by the board;

(I) Using a seal or practicing engineering while the professional engineer's license is suspended, revoked, nonrenewed, or inactive;

(J) Signing, affixing the professional engineer's seal, or permitting the professional engineer's seal or signature to be affixed to an instrument of practice that has not been prepared or completely checked by the professional engineer or under the professional engineer's direct supervision or control;

(K) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(L) Providing false testimony or information to the board; or

(M) Habitual intoxication or addiction to the use of drugs or alcohol; or

(2) Found guilty of or enters a plea of guilty or nolo contendere to: (A) A felony listed under § 17-3-102 ; (B) A crime of which an essential element is dishonesty; or (C) A crime that is directly related to the practice of engineering.

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

(B) A crime of which an essential element is dishonesty; or

(C) A crime that is directly related to the practice of engineering.

(b) In addition to any other penalty provided in this section, a person who violates this chapter or a rule of the board shall pay to the board a civil penalty in an amount determined by the board of not more than five thousand dollars ($5,000) for each offense.

(c) (1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster. (2) The publication shall constitute due notice to the licensees. (3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.

(1) The board shall adopt rules of professional conduct under § 17-30-203 that shall be published in writing to an applicant for licensure under this chapter and published in the roster.

(2) The publication shall constitute due notice to the licensees.

(3) The board may amend the rules of professional conduct from time to time and shall notify each licensee in writing of the amendments.

(d) The board may: (1) Revoke a certificate of authorization; (2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section; (3) Place a licensee on probation under rules prescribed by the board; or (4) Levy a fine of not more than five thousand dollars ($5,000) for each offense.

(1) Revoke a certificate of authorization;

(2) Suspend a certificate of authorization for no more than two (2) years of a firm if one (1) or more of its officers or directors have been found guilty of conduct that would authorize a revocation or suspension of the certificate of licensure of the officer or director under this section;

(3) Place a licensee on probation under rules prescribed by the board; or

(4) Levy a fine of not more than five thousand dollars ($5,000) for each offense.

(e) The board may discipline nonlicensees that violate this chapter by imposing a fine of not more than five thousand dollars ($5,000) for each offense.

Amended by Act 2019, No. 990,§ 35, eff. 7/24/2019.

Acts 1953, No. 214, § 4; A.S.A. 1947, § 71-1021; Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, § 6.
Ark. Code Ann. § 17-82-706 — AR Code / Title 17 / Chapter 82 / Subchapter 7 / Section 17-82-706
Rules
Status: in_force

(a) The Arkansas State Board of Dental Examiners shall adopt rules to implement §§ 17-82-701 - 17-82-704 . (b) The State Board of Health shall adopt rules to implement § 17-82-705 . Acts 2011, No. 89, § 1.

(a) The Arkansas State Board of Dental Examiners shall adopt rules to implement §§ 17-82-701 - 17-82-704 .

(b) The State Board of Health shall adopt rules to implement § 17-82-705 .

Acts 2011, No. 89, § 1.
Ark. Code Ann. § 17-26-711 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-711
[Repealed]
Status: repealed

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

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

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-106-110 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-110
Discipline
Status: in_force

(a) Any license issued by the Medical Ionizing Radiation Licensure Committee may be suspended or revoked or the individual may be censured, reprimanded, or otherwise sanctioned by the committee in accordance with the provisions and procedures of this chapter if after due process it is found that the individual: (1) Is guilty of fraud or deceit in the procurement or holding of the license; (2) Has been convicted of a felony listed under § 17-3-102 ; (3) Is or has been afflicted with any medical problem, disability, or addiction that in the opinion of the State Board of Health would impair professional competence; (4) Has knowingly aided and abetted a person who is not a radiologic technologist or otherwise authorized by § 17-106-111(b) to perform the duties of a license holder under this chapter; (5) Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter; (6) Has impersonated a license holder or former license holder or is performing the duties of a radiologic technologist, licensed technologist, or limited licensed technologist under an assumed name; (7) Has been found guilty of violations of a code of ethics that the board shall establish by rule; (8) Has applied ionizing radiation without the prescription of a licensed practitioner; (9) Has interpreted a diagnostic image for a fee; (10) Is or has been found guilty of incompetence or negligence in his or her performances as a license holder; or (11) Has failed to comply with any provision of this chapter or any of the rules pertaining to this chapter. (b) (1) (A) Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee. (B) The charge or charges may be brought by a person, corporation, association, public officer, or the board. (2) (A) The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee. (B) If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing. (C) A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing. (D) The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense. (E) The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath. (c) Any licensee who violates any provision of this chapter or any rule or order made pursuant to this chapter shall be subject to a cease and desist order and a fine of not more than one thousand dollars ($1,000) per incident. (d) All hearings and appeals from hearings to the board under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1681, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1680, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 133, eff. 7/24/2019. Acts 1999, No. 1071, § 10; 2003, No. 1395, §§ 11, 12.

(a) Any license issued by the Medical Ionizing Radiation Licensure Committee may be suspended or revoked or the individual may be censured, reprimanded, or otherwise sanctioned by the committee in accordance with the provisions and procedures of this chapter if after due process it is found that the individual: (1) Is guilty of fraud or deceit in the procurement or holding of the license; (2) Has been convicted of a felony listed under § 17-3-102 ; (3) Is or has been afflicted with any medical problem, disability, or addiction that in the opinion of the State Board of Health would impair professional competence; (4) Has knowingly aided and abetted a person who is not a radiologic technologist or otherwise authorized by § 17-106-111(b) to perform the duties of a license holder under this chapter; (5) Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter; (6) Has impersonated a license holder or former license holder or is performing the duties of a radiologic technologist, licensed technologist, or limited licensed technologist under an assumed name; (7) Has been found guilty of violations of a code of ethics that the board shall establish by rule; (8) Has applied ionizing radiation without the prescription of a licensed practitioner; (9) Has interpreted a diagnostic image for a fee; (10) Is or has been found guilty of incompetence or negligence in his or her performances as a license holder; or (11) Has failed to comply with any provision of this chapter or any of the rules pertaining to this chapter.

(1) Is guilty of fraud or deceit in the procurement or holding of the license;

(2) Has been convicted of a felony listed under § 17-3-102 ;

(3) Is or has been afflicted with any medical problem, disability, or addiction that in the opinion of the State Board of Health would impair professional competence;

(4) Has knowingly aided and abetted a person who is not a radiologic technologist or otherwise authorized by § 17-106-111(b) to perform the duties of a license holder under this chapter;

(5) Has undertaken or engaged in any practice beyond the scope of duties permitted a license holder under this chapter;

(6) Has impersonated a license holder or former license holder or is performing the duties of a radiologic technologist, licensed technologist, or limited licensed technologist under an assumed name;

(7) Has been found guilty of violations of a code of ethics that the board shall establish by rule;

(8) Has applied ionizing radiation without the prescription of a licensed practitioner;

(9) Has interpreted a diagnostic image for a fee;

(10) Is or has been found guilty of incompetence or negligence in his or her performances as a license holder; or

(11) Has failed to comply with any provision of this chapter or any of the rules pertaining to this chapter.

(b) (1) (A) Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee. (B) The charge or charges may be brought by a person, corporation, association, public officer, or the board. (2) (A) The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee. (B) If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing. (C) A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing. (D) The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense. (E) The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath.

(1) (A) Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee. (B) The charge or charges may be brought by a person, corporation, association, public officer, or the board.

(A) Proceedings against the holder of a license under this chapter shall be instituted by filing a written charge or charges with the committee.

(B) The charge or charges may be brought by a person, corporation, association, public officer, or the board.

(2) (A) The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee. (B) If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing. (C) A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing. (D) The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense. (E) The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath.

(A) The Chair of the Medical Ionizing Radiation Licensure Committee shall appoint a subcommittee of three (3) committee members to examine the charge or charges and prepare a written recommendation to the committee stating whether the charge or charges should be dismissed or brought against the licensee.

(B) If the committee determines that the charge or charges contain sufficient merit, the chair shall set a time and place for a hearing.

(C) A copy of the charge or charges, together with the notice of the time and place of the hearing, shall be served on the person charged either in person or by registered mail at least thirty (30) days before the date set for the hearing.

(D) The accused shall have the right to appear at the hearing with counsel, to answer the charge or charges, cross examine witnesses, and produce evidence and witnesses in his or her defense.

(E) The committee shall have the power to issue subpoenas for the appearance of witnesses and take testimony under oath.

(c) Any licensee who violates any provision of this chapter or any rule or order made pursuant to this chapter shall be subject to a cease and desist order and a fine of not more than one thousand dollars ($1,000) per incident.

(d) All hearings and appeals from hearings to the board under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1681, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1680, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 133, eff. 7/24/2019.

Acts 1999, No. 1071, § 10; 2003, No. 1395, §§ 11, 12.
Ark. Code Ann. § 17-38-310 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-310
Procedure for suspension or revocation
Status: in_force

(a) Suspensions, revocations, civil penalties, and all other such actions regarding licensure, registration, permitting, certification, or apprenticeship, and all appeals to the State Board of Health taken from such actions shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Any member of the Committee of Plumbing Examiners of the State Board of Health, a representative designated by the committee, any member of the board, or a representative designated by the board shall have the authority to administer oaths for the taking of testimony. (c) One (1) year after the date of revocation, an application may be made for a new license. Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9; 1995, No. 788, § 2.

(a) Suspensions, revocations, civil penalties, and all other such actions regarding licensure, registration, permitting, certification, or apprenticeship, and all appeals to the State Board of Health taken from such actions shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Any member of the Committee of Plumbing Examiners of the State Board of Health, a representative designated by the committee, any member of the board, or a representative designated by the board shall have the authority to administer oaths for the taking of testimony.

(c) One (1) year after the date of revocation, an application may be made for a new license.

Acts 1951, No. 200, § 9; A.S.A. 1947, § 71-1213; Acts 1987, No. 816, § 9; 1995, No. 788, § 2.
Ark. Code Ann. § 17-93-408 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-408
Unlawful practice - Injunction
Status: in_force

(a) The circuit courts of this state are vested with jurisdiction and power to enjoin violations of this subchapter in the county in which the alleged unlawful practice occurred or in which the defendant resides. (b) The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this subchapter, but the remedy of injunction shall be in addition to liability for criminal prosecution. Acts 1995, No. 1279, § 10.

(a) The circuit courts of this state are vested with jurisdiction and power to enjoin violations of this subchapter in the county in which the alleged unlawful practice occurred or in which the defendant resides.

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

Acts 1995, No. 1279, § 10.
Ark. Code Ann. § 17-95-202 — AR Code / Title 17 / Chapter 95 / Subchapter 2 / Section 17-95-202
Definitions
Status: in_force

As used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.: (1) "Active" means actively engaged in the full-time practice of medicine; (2) "Office-based surgery" means surgery that: (A) Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health; (B) Requires the use of general or intravenous anesthetics; and (C) In the opinion of the physician, does not require hospitalization; and (3) "Practice of medicine" means: (A) Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever; (B) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever; (C) Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind; (D) Using the title "M.D.", "M.B.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts; (E) Performing any kind of surgical operation upon a human being; or (F) Delegating certain medical practices to other personnel under rules adopted by the board. Amended by Act 2019, No. 386,§ 49, eff. 7/24/2019. Amended by Act 2013, No. 587,§ 1, eff. 8/16/2013. Acts 1957, No. 198, §§ 2, 4; 1971, No. 53, § 1; A.S.A. 1947, §§ 72-603, 72-604; Acts 2001, No. 464, § 1; 2005, No. 2010, § 1; 2007, No. 827, § 137; 2009, No. 472, § 1.

As used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.:

(1) "Active" means actively engaged in the full-time practice of medicine;

(2) "Office-based surgery" means surgery that: (A) Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health; (B) Requires the use of general or intravenous anesthetics; and (C) In the opinion of the physician, does not require hospitalization; and

(A) Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health;

(B) Requires the use of general or intravenous anesthetics; and

(C) In the opinion of the physician, does not require hospitalization; and

(3) "Practice of medicine" means: (A) Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever; (B) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever; (C) Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind; (D) Using the title "M.D.", "M.B.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts; (E) Performing any kind of surgical operation upon a human being; or (F) Delegating certain medical practices to other personnel under rules adopted by the board.

(A) Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever;

(B) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever;

(C) Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind;

(D) Using the title "M.D.", "M.B.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts;

(E) Performing any kind of surgical operation upon a human being; or

(F) Delegating certain medical practices to other personnel under rules adopted by the board.

Amended by Act 2019, No. 386,§ 49, eff. 7/24/2019.

Amended by Act 2013, No. 587,§ 1, eff. 8/16/2013.

Acts 1957, No. 198, §§ 2, 4; 1971, No. 53, § 1; A.S.A. 1947, §§ 72-603, 72-604; Acts 2001, No. 464, § 1; 2005, No. 2010, § 1; 2007, No. 827, § 137; 2009, No. 472, § 1.
Ark. Code Ann. § 17-95-405 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-405
Credentials
Status: in_force

(a) A legally licensed physician and surgeon who has been issued a license to practice medicine in another state where the requirements for licensure are equal to those established by the State of Arkansas may be permitted by the Arkansas State Medical Board to practice his or her profession in this state without taking an examination upon payment of a fee as provided in § 17-95-411 . (b) The issuance of a license by credentials by the board shall be at the sole discretion of the board, and the board may provide such rules governing such an admission as may be deemed necessary by or desirable to the board. Amended by Act 2019, No. 315,§ 1623, eff. 7/24/2019. Acts 1957, No. 198, § 9; 1977, No. 199, § 2; A.S.A. 1947, § 72-609; Acts 1993, No. 276, § 1.

(a) A legally licensed physician and surgeon who has been issued a license to practice medicine in another state where the requirements for licensure are equal to those established by the State of Arkansas may be permitted by the Arkansas State Medical Board to practice his or her profession in this state without taking an examination upon payment of a fee as provided in § 17-95-411 .

(b) The issuance of a license by credentials by the board shall be at the sole discretion of the board, and the board may provide such rules governing such an admission as may be deemed necessary by or desirable to the board.

Amended by Act 2019, No. 315,§ 1623, eff. 7/24/2019.

Acts 1957, No. 198, § 9; 1977, No. 199, § 2; A.S.A. 1947, § 72-609; Acts 1993, No. 276, § 1.
Ark. Code Ann. § 17-98-203 — AR Code / Title 17 / Chapter 98 / Subchapter 2 / Section 17-98-203
Rules
Status: in_force

(a) The State Board of Health shall adopt such rules as are reasonably necessary to administer this chapter. (b) The Secretary for the State Board of Health may administer oaths and subpoena witnesses. (c) [Repealed.] (d) (1) The board shall promulgate rules establishing standards for continuing education as a means to maintain professional competency. (2) The standards shall be established in a manner to assure that a variety of approved continuing education programs are available to registered disease intervention specialists, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published. (3) The continuing education units shall be awarded for direct participation in courses approved by the board. (e) The board may contract with another agency or association to perform part or all of the duties in establishing procedures to record and retain data on all registered disease intervention specialists in good standing. Amended by Act 2023, No. 365,§ 48, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1642, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1641, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4904, eff. 7/1/2019. Acts 1993, No. 107, § 8.

(a) The State Board of Health shall adopt such rules as are reasonably necessary to administer this chapter.

(b) The Secretary for the State Board of Health may administer oaths and subpoena witnesses.

(c) [Repealed.]

(d) (1) The board shall promulgate rules establishing standards for continuing education as a means to maintain professional competency. (2) The standards shall be established in a manner to assure that a variety of approved continuing education programs are available to registered disease intervention specialists, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published. (3) The continuing education units shall be awarded for direct participation in courses approved by the board.

(1) The board shall promulgate rules establishing standards for continuing education as a means to maintain professional competency.

(2) The standards shall be established in a manner to assure that a variety of approved continuing education programs are available to registered disease intervention specialists, including, but not limited to, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension courses, home study programs, articles published, and scientific papers published.

(3) The continuing education units shall be awarded for direct participation in courses approved by the board.

(e) The board may contract with another agency or association to perform part or all of the duties in establishing procedures to record and retain data on all registered disease intervention specialists in good standing.

Amended by Act 2023, No. 365,§ 48, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1642, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1641, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4904, eff. 7/1/2019.

Acts 1993, No. 107, § 8.
Ark. Code Ann. § 17-30-105 — AR Code / Title 17 / Chapter 30 / Subchapter 1 / Section 17-30-105
Exemptions
Status: in_force

This chapter does not prevent the practice by: (1) Other Professions. The practice of any other legally recognized profession; (2) Temporary Permits. (A) (i) The practice or offer to practice of engineering by a person not a resident of or having no established place of business in this state if the person is legally qualified by licensure to practice engineering in his or her own state or country. (ii) An applicant may temporarily provide engineering services before becoming licensed under the reciprocal and comity licensure provisions of § 17-30-302(d) by obtaining a temporary permit. (iii) The State Board of Licensure for Professional Engineers and Professional Surveyors shall specify by rule the qualifications necessary to obtain a temporary permit. (iv) The qualifications necessary to obtain a temporary permit shall be similar to those necessary for original licensure. (B) An applicant for a temporary permit shall submit an application for a temporary permit and for reciprocal or comity licensure to the board in writing and, after payment of a fee established by board rule, may be granted a written permit for a definite period of time; and (3) Employees and Subordinates. The work of an employee or a subordinate of a person holding a certificate of licensure under this chapter or an employee of a person practicing lawfully under subdivision (2) of this section if the work does not include final engineering designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under this chapter or a person practicing lawfully under subdivision (2) of this section. Amended by Act 2019, No. 315,§ 1401, eff. 7/24/2019. Acts 1993, No. 1041, § 3; 2009, No. 444, § 2.

This chapter does not prevent the practice by:

(1) Other Professions. The practice of any other legally recognized profession;

(2) Temporary Permits. (A) (i) The practice or offer to practice of engineering by a person not a resident of or having no established place of business in this state if the person is legally qualified by licensure to practice engineering in his or her own state or country. (ii) An applicant may temporarily provide engineering services before becoming licensed under the reciprocal and comity licensure provisions of § 17-30-302(d) by obtaining a temporary permit. (iii) The State Board of Licensure for Professional Engineers and Professional Surveyors shall specify by rule the qualifications necessary to obtain a temporary permit. (iv) The qualifications necessary to obtain a temporary permit shall be similar to those necessary for original licensure. (B) An applicant for a temporary permit shall submit an application for a temporary permit and for reciprocal or comity licensure to the board in writing and, after payment of a fee established by board rule, may be granted a written permit for a definite period of time; and

(A) (i) The practice or offer to practice of engineering by a person not a resident of or having no established place of business in this state if the person is legally qualified by licensure to practice engineering in his or her own state or country. (ii) An applicant may temporarily provide engineering services before becoming licensed under the reciprocal and comity licensure provisions of § 17-30-302(d) by obtaining a temporary permit. (iii) The State Board of Licensure for Professional Engineers and Professional Surveyors shall specify by rule the qualifications necessary to obtain a temporary permit. (iv) The qualifications necessary to obtain a temporary permit shall be similar to those necessary for original licensure.

(i) The practice or offer to practice of engineering by a person not a resident of or having no established place of business in this state if the person is legally qualified by licensure to practice engineering in his or her own state or country.

(ii) An applicant may temporarily provide engineering services before becoming licensed under the reciprocal and comity licensure provisions of § 17-30-302(d) by obtaining a temporary permit.

(iii) The State Board of Licensure for Professional Engineers and Professional Surveyors shall specify by rule the qualifications necessary to obtain a temporary permit.

(iv) The qualifications necessary to obtain a temporary permit shall be similar to those necessary for original licensure.

(B) An applicant for a temporary permit shall submit an application for a temporary permit and for reciprocal or comity licensure to the board in writing and, after payment of a fee established by board rule, may be granted a written permit for a definite period of time; and

(3) Employees and Subordinates. The work of an employee or a subordinate of a person holding a certificate of licensure under this chapter or an employee of a person practicing lawfully under subdivision (2) of this section if the work does not include final engineering designs or decisions and is done under the direct supervision of and verified by a person holding a certificate of licensure under this chapter or a person practicing lawfully under subdivision (2) of this section.

Amended by Act 2019, No. 315,§ 1401, eff. 7/24/2019.

Acts 1993, No. 1041, § 3; 2009, No. 444, § 2.
Ark. Code Ann. § 17-90-301 — AR Code / Title 17 / Chapter 90 / Subchapter 3 / Section 17-90-301
Examinations - Fees
Status: in_force

(a) No person except those already licensed by the State Board of Optometry shall practice optometry until he or she has: (1) Successfully passed all examinations as the board may require in the rules of the board, to include, but not be limited to, clinical examinations if required; and (2) Registered and received a certificate of registration which shall have conspicuously printed on its face the definition of optometry set forth in § 17-90-101 . (b) Every applicant for examination shall present satisfactory evidence that he or she is: (1) At least twenty-one (21) years of age; (2) A successful candidate having passed all parts of the National Board of Examiners in Optometry examination since January 1, 1997; and (3) A graduate of a college of optometry that has been accredited by the Accreditation Council on Optometric Education of the American Optometric Association. (c) All persons making application for examination and for registration shall be required to pay to the Secretary-treasurer of the State Board of Optometry a fee in a reasonable amount to be fixed by the board. (d) (1) Beginning July 1, 2003, the board will issue licenses only for optometric physicians to persons who meet: (A) The requirements of this section; (B) The requirements of § 17-90-401 ; and (C) The requirements of rules of the board. (2) A person who was licensed as an optometrist before July 1, 2003, and who does not meet the standard for licensure as an optometric physician may continue to renew the license as an optometrist but may only practice in the manner prescribed by the rules of the board. Amended by Act 2019, No. 315,§ 1561, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 85, eff. 7/24/2019. Acts 1941, No. 94, § 5; 1957, No. 102, § 2; A.S.A. 1947, § 72-806; Acts 1991, No. 397, § 1; 2001, No. 506, § 1; 2003, No. 288, § 1; 2007, No. 431, § 1.

(a) No person except those already licensed by the State Board of Optometry shall practice optometry until he or she has: (1) Successfully passed all examinations as the board may require in the rules of the board, to include, but not be limited to, clinical examinations if required; and (2) Registered and received a certificate of registration which shall have conspicuously printed on its face the definition of optometry set forth in § 17-90-101 .

(1) Successfully passed all examinations as the board may require in the rules of the board, to include, but not be limited to, clinical examinations if required; and

(2) Registered and received a certificate of registration which shall have conspicuously printed on its face the definition of optometry set forth in § 17-90-101 .

(b) Every applicant for examination shall present satisfactory evidence that he or she is: (1) At least twenty-one (21) years of age; (2) A successful candidate having passed all parts of the National Board of Examiners in Optometry examination since January 1, 1997; and (3) A graduate of a college of optometry that has been accredited by the Accreditation Council on Optometric Education of the American Optometric Association.

(1) At least twenty-one (21) years of age;

(2) A successful candidate having passed all parts of the National Board of Examiners in Optometry examination since January 1, 1997; and

(3) A graduate of a college of optometry that has been accredited by the Accreditation Council on Optometric Education of the American Optometric Association.

(c) All persons making application for examination and for registration shall be required to pay to the Secretary-treasurer of the State Board of Optometry a fee in a reasonable amount to be fixed by the board.

(d) (1) Beginning July 1, 2003, the board will issue licenses only for optometric physicians to persons who meet: (A) The requirements of this section; (B) The requirements of § 17-90-401 ; and (C) The requirements of rules of the board. (2) A person who was licensed as an optometrist before July 1, 2003, and who does not meet the standard for licensure as an optometric physician may continue to renew the license as an optometrist but may only practice in the manner prescribed by the rules of the board.

(1) Beginning July 1, 2003, the board will issue licenses only for optometric physicians to persons who meet: (A) The requirements of this section; (B) The requirements of § 17-90-401 ; and (C) The requirements of rules of the board.

(A) The requirements of this section;

(B) The requirements of § 17-90-401 ; and

(C) The requirements of rules of the board.

(2) A person who was licensed as an optometrist before July 1, 2003, and who does not meet the standard for licensure as an optometric physician may continue to renew the license as an optometrist but may only practice in the manner prescribed by the rules of the board.

Amended by Act 2019, No. 315,§ 1561, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 85, eff. 7/24/2019.

Acts 1941, No. 94, § 5; 1957, No. 102, § 2; A.S.A. 1947, § 72-806; Acts 1991, No. 397, § 1; 2001, No. 506, § 1; 2003, No. 288, § 1; 2007, No. 431, § 1.
Ark. Code Ann. § 17-15-101 — AR Code / Title 17 / Chapter 15 / Subchapter 1 / Section 17-15-101
Title
Status: in_force

This chapter may be known and cited as the "Arkansas Architectural Act". Acts 1941, No. 270, § 15; A.S.A. 1947, § 71-313.

This chapter may be known and cited as the "Arkansas Architectural Act".

Acts 1941, No. 270, § 15; A.S.A. 1947, § 71-313.
Ark. Code Ann. § 17-95-409 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-409
Denial, suspension, or revocation - Grounds - Definition
Status: in_force

(a) (1) The Arkansas State Medical Board may revoke an existing license, impose penalties as listed in § 17-95-410 , or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unprofessional conduct. (2) The words "unprofessional conduct", as used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., mean: (A) (i) Conviction of a felony listed under § 17-3-102 . (ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct; (B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine, in taking the examination for the license, or in seeking a renewal of a license; (C) Aiding or abetting an unlicensed person to practice medicine; (D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion; (E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in Schedules I-V of the Controlled Substances Act of 1970 or the Uniform Controlled Substances Act, § 5-64-101 et seq., including any amendments thereto; (F) Habitual indulgence in the use of alcohol to such an extent as to render himself or herself incapable of exercising that degree of skill and judgment in the treatment of his or her patients which the moral trust and confidence in him or her demands; (G) Grossly negligent or ignorant malpractice; (H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs; (I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured; (J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public; (K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the Arkansas State Medical Board; (L) Soliciting for patronage; advertising for patronage in a false, fraudulent, deceptive, or misleading manner; advertising the quality of medical services; or advertising illegal procedures and practices; (M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he or she can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he or she refuses to divulge upon demand to the Arkansas State Medical Board; (N) The willful betraying of a professional secret; (O) Persistent and flagrant overcharging or overtreating of patients; (P) Violating a rule of the Arkansas State Medical Board; (Q) Violating a term of probation or an order previously imposed by the Arkansas State Medical Board; (R) Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and (S) Committing an ethical violation as determined by the Arkansas State Medical Board by rule. (b) (1) (A) Upon receipt of a final order from another agency of the State of Arkansas or a final order from a court of this state after all appeal rights have been exhausted that finds a physician licensed to practice medicine in this state has breached the loan contract entered into by the physician under § 6-81-701 et seq., the Arkansas State Medical Board may suspend the license of that physician. (B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full. (2) Upon notification from the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and the Secretary of the Department of Health that exigent circumstances warrant a waiver of the suspension, the Arkansas State Medical Board shall reinstate the holder's license. (3) In deciding whether to suspend a holder's medical license, the Arkansas State Medical Board, at its discretion, may adopt any or all recommendations, findings of fact, and conclusions of law issued or adopted by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, an arbitrator, or a court. Amended by Act 2019, No. 990,§ 100, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4901, eff. 7/1/2019. Acts 1957, No. 198, § 13; 1965, No. 85, § 1; 1973, No. 486, § 1; 1981, No. 708, § 1; 1981, No. 876, § 1; A.S.A. 1947, § 72-613; Acts 1993, No. 1219, § 23; 1995, No. 1257, § 3; 2001, No. 464, § 5; 2007, No. 123, § 3; 2007, No. 1058, § 10; 2009, No. 1178, § 1.

(a) (1) The Arkansas State Medical Board may revoke an existing license, impose penalties as listed in § 17-95-410 , or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unprofessional conduct. (2) The words "unprofessional conduct", as used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., mean: (A) (i) Conviction of a felony listed under § 17-3-102 . (ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct; (B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine, in taking the examination for the license, or in seeking a renewal of a license; (C) Aiding or abetting an unlicensed person to practice medicine; (D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion; (E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in Schedules I-V of the Controlled Substances Act of 1970 or the Uniform Controlled Substances Act, § 5-64-101 et seq., including any amendments thereto; (F) Habitual indulgence in the use of alcohol to such an extent as to render himself or herself incapable of exercising that degree of skill and judgment in the treatment of his or her patients which the moral trust and confidence in him or her demands; (G) Grossly negligent or ignorant malpractice; (H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs; (I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured; (J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public; (K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the Arkansas State Medical Board; (L) Soliciting for patronage; advertising for patronage in a false, fraudulent, deceptive, or misleading manner; advertising the quality of medical services; or advertising illegal procedures and practices; (M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he or she can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he or she refuses to divulge upon demand to the Arkansas State Medical Board; (N) The willful betraying of a professional secret; (O) Persistent and flagrant overcharging or overtreating of patients; (P) Violating a rule of the Arkansas State Medical Board; (Q) Violating a term of probation or an order previously imposed by the Arkansas State Medical Board; (R) Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and (S) Committing an ethical violation as determined by the Arkansas State Medical Board by rule.

(1) The Arkansas State Medical Board may revoke an existing license, impose penalties as listed in § 17-95-410 , or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unprofessional conduct.

(2) The words "unprofessional conduct", as used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., mean: (A) (i) Conviction of a felony listed under § 17-3-102 . (ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct; (B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine, in taking the examination for the license, or in seeking a renewal of a license; (C) Aiding or abetting an unlicensed person to practice medicine; (D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion; (E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in Schedules I-V of the Controlled Substances Act of 1970 or the Uniform Controlled Substances Act, § 5-64-101 et seq., including any amendments thereto; (F) Habitual indulgence in the use of alcohol to such an extent as to render himself or herself incapable of exercising that degree of skill and judgment in the treatment of his or her patients which the moral trust and confidence in him or her demands; (G) Grossly negligent or ignorant malpractice; (H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs; (I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured; (J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public; (K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the Arkansas State Medical Board; (L) Soliciting for patronage; advertising for patronage in a false, fraudulent, deceptive, or misleading manner; advertising the quality of medical services; or advertising illegal procedures and practices; (M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he or she can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he or she refuses to divulge upon demand to the Arkansas State Medical Board; (N) The willful betraying of a professional secret; (O) Persistent and flagrant overcharging or overtreating of patients; (P) Violating a rule of the Arkansas State Medical Board; (Q) Violating a term of probation or an order previously imposed by the Arkansas State Medical Board; (R) Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and (S) Committing an ethical violation as determined by the Arkansas State Medical Board by rule.

(A) (i) Conviction of a felony listed under § 17-3-102 . (ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct;

(i) Conviction of a felony listed under § 17-3-102 .

(ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct;

(B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine, in taking the examination for the license, or in seeking a renewal of a license;

(C) Aiding or abetting an unlicensed person to practice medicine;

(D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion;

(E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in Schedules I-V of the Controlled Substances Act of 1970 or the Uniform Controlled Substances Act, § 5-64-101 et seq., including any amendments thereto;

(F) Habitual indulgence in the use of alcohol to such an extent as to render himself or herself incapable of exercising that degree of skill and judgment in the treatment of his or her patients which the moral trust and confidence in him or her demands;

(G) Grossly negligent or ignorant malpractice;

(H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs;

(I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured;

(J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public;

(K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the Arkansas State Medical Board;

(L) Soliciting for patronage; advertising for patronage in a false, fraudulent, deceptive, or misleading manner; advertising the quality of medical services; or advertising illegal procedures and practices;

(M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he or she can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he or she refuses to divulge upon demand to the Arkansas State Medical Board;

(N) The willful betraying of a professional secret;

(O) Persistent and flagrant overcharging or overtreating of patients;

(P) Violating a rule of the Arkansas State Medical Board;

(Q) Violating a term of probation or an order previously imposed by the Arkansas State Medical Board;

(R) Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and

(S) Committing an ethical violation as determined by the Arkansas State Medical Board by rule.

(b) (1) (A) Upon receipt of a final order from another agency of the State of Arkansas or a final order from a court of this state after all appeal rights have been exhausted that finds a physician licensed to practice medicine in this state has breached the loan contract entered into by the physician under § 6-81-701 et seq., the Arkansas State Medical Board may suspend the license of that physician. (B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full. (2) Upon notification from the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and the Secretary of the Department of Health that exigent circumstances warrant a waiver of the suspension, the Arkansas State Medical Board shall reinstate the holder's license. (3) In deciding whether to suspend a holder's medical license, the Arkansas State Medical Board, at its discretion, may adopt any or all recommendations, findings of fact, and conclusions of law issued or adopted by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, an arbitrator, or a court.

(1) (A) Upon receipt of a final order from another agency of the State of Arkansas or a final order from a court of this state after all appeal rights have been exhausted that finds a physician licensed to practice medicine in this state has breached the loan contract entered into by the physician under § 6-81-701 et seq., the Arkansas State Medical Board may suspend the license of that physician. (B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full.

(A) Upon receipt of a final order from another agency of the State of Arkansas or a final order from a court of this state after all appeal rights have been exhausted that finds a physician licensed to practice medicine in this state has breached the loan contract entered into by the physician under § 6-81-701 et seq., the Arkansas State Medical Board may suspend the license of that physician.

(B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full.

(2) Upon notification from the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and the Secretary of the Department of Health that exigent circumstances warrant a waiver of the suspension, the Arkansas State Medical Board shall reinstate the holder's license.

(3) In deciding whether to suspend a holder's medical license, the Arkansas State Medical Board, at its discretion, may adopt any or all recommendations, findings of fact, and conclusions of law issued or adopted by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, an arbitrator, or a court.

Amended by Act 2019, No. 990,§ 100, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4901, eff. 7/1/2019.

Acts 1957, No. 198, § 13; 1965, No. 85, § 1; 1973, No. 486, § 1; 1981, No. 708, § 1; 1981, No. 876, § 1; A.S.A. 1947, § 72-613; Acts 1993, No. 1219, § 23; 1995, No. 1257, § 3; 2001, No. 464, § 5; 2007, No. 123, § 3; 2007, No. 1058, § 10; 2009, No. 1178, § 1.
Ark. Code Ann. § 17-95-802 — AR Code / Title 17 / Chapter 95 / Subchapter 8 / Section 17-95-802
Duties of Physician Assistant Committee
Status: in_force

The Physician Assistant Committee shall review and make recommendations at the request of the Arkansas State Medical Board regarding all matters relating to physician assistants, including without limitation: (1) Applications for licensure and renewal; (2) Disciplinary proceedings; and (3) Any other issues pertaining to the regulation and practice of physician assistants. Amended by Act 2021, No. 634,§ 6, eff. 7/28/2021. Acts 2011, No. 1207, § 1.

The Physician Assistant Committee shall review and make recommendations at the request of the Arkansas State Medical Board regarding all matters relating to physician assistants, including without limitation:

(1) Applications for licensure and renewal;

(2) Disciplinary proceedings; and

(3) Any other issues pertaining to the regulation and practice of physician assistants.

Amended by Act 2021, No. 634,§ 6, eff. 7/28/2021.

Acts 2011, No. 1207, § 1.
Ark. Code Ann. § 17-20-209 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-209
Disposition of funds
Status: in_force

(a) (1) All moneys received by the State Board of Barber Examiners under this chapter shall be paid to the Director of the State Board of Barber Examiners, who shall give a proper receipt for those moneys to the Auditor of State the total amount received by him or her from all sources under this chapter. (2) The director shall at the same time deposit the entire amount of such receipts with the Treasurer of State, who shall place them to the credit of a special fund to be created and known as the "State Board of Barber Examiners Fund". (b) (1) By the Chair of the State Board of Barber Examiners and the director, the board shall from time to time certify to the Auditor of State the necessary expenses incurred by the board, including expense reimbursement and stipends as provided in § 25-16-901 et seq. The Auditor of State shall issue his or her warrant for the expenses, which shall be paid out of the funds so established for the maintenance of the board. (2) No order shall be drawn by the Auditor of State on any fund other than the State Board of Barber Examiners Fund for any stipends or expenses of the board incident to the administration of this chapter. (c) All funds so paid to the Treasurer of State shall remain and be a separate and permanent fund for the maintenance of the board and the administration of this chapter. Amended by Act 2019, No. 910,§ 5414, eff. 7/1/2019. Amended by Act 2017, No. 1060,§ 11, eff. 8/1/2017. Acts 1937, No. 313, § 18; Pope's Dig., § 12086; A.S.A. 1947, § 71-518; Acts 1987, No. 563, § 4; 1997, No. 250, § 129.

(a) (1) All moneys received by the State Board of Barber Examiners under this chapter shall be paid to the Director of the State Board of Barber Examiners, who shall give a proper receipt for those moneys to the Auditor of State the total amount received by him or her from all sources under this chapter. (2) The director shall at the same time deposit the entire amount of such receipts with the Treasurer of State, who shall place them to the credit of a special fund to be created and known as the "State Board of Barber Examiners Fund".

(1) All moneys received by the State Board of Barber Examiners under this chapter shall be paid to the Director of the State Board of Barber Examiners, who shall give a proper receipt for those moneys to the Auditor of State the total amount received by him or her from all sources under this chapter.

(2) The director shall at the same time deposit the entire amount of such receipts with the Treasurer of State, who shall place them to the credit of a special fund to be created and known as the "State Board of Barber Examiners Fund".

(b) (1) By the Chair of the State Board of Barber Examiners and the director, the board shall from time to time certify to the Auditor of State the necessary expenses incurred by the board, including expense reimbursement and stipends as provided in § 25-16-901 et seq. The Auditor of State shall issue his or her warrant for the expenses, which shall be paid out of the funds so established for the maintenance of the board. (2) No order shall be drawn by the Auditor of State on any fund other than the State Board of Barber Examiners Fund for any stipends or expenses of the board incident to the administration of this chapter.

(1) By the Chair of the State Board of Barber Examiners and the director, the board shall from time to time certify to the Auditor of State the necessary expenses incurred by the board, including expense reimbursement and stipends as provided in § 25-16-901 et seq. The Auditor of State shall issue his or her warrant for the expenses, which shall be paid out of the funds so established for the maintenance of the board.

(2) No order shall be drawn by the Auditor of State on any fund other than the State Board of Barber Examiners Fund for any stipends or expenses of the board incident to the administration of this chapter.

(c) All funds so paid to the Treasurer of State shall remain and be a separate and permanent fund for the maintenance of the board and the administration of this chapter.

Amended by Act 2019, No. 910,§ 5414, eff. 7/1/2019.

Amended by Act 2017, No. 1060,§ 11, eff. 8/1/2017.

Acts 1937, No. 313, § 18; Pope's Dig., § 12086; A.S.A. 1947, § 71-518; Acts 1987, No. 563, § 4; 1997, No. 250, § 129.
Ark. Code Ann. § 17-32-311 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-311
Denial, etc., of registration certificate - Grounds - Procedure
Status: in_force

(a) The State Board of Registration for Professional Geologists shall have the power to deny, suspend, revoke, or refuse to renew the certificate of registration of any registrant who is found to have been involved in: (1) The practice of any fraud or deceit in obtaining a certificate of registration; (2) Any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; (3) Any felony listed under § 17-3-102 ; (4) Providing false testimony or information to the board; (5) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (6) Signing, affixing the professional geologist's seal, or permitting the professional geologist's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, or revisions that have not been prepared or completely checked by the professional geologist or prepared under the professional geologist's direct supervision or control; (7) Failing to comply with this chapter or any of the rules pertaining to this chapter; or (8) Aiding or assisting another person in violating any provision of this chapter or the rules pertaining to this chapter. (b) Any action by the board in this regard shall be after a hearing held in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Any administrative or judicial review of the action shall likewise be in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1412, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 39, eff. 7/24/2019. Acts 1987, No. 470, § 17; 1987, No. 701, § 18; 2005, No. 676, § 10.

(a) The State Board of Registration for Professional Geologists shall have the power to deny, suspend, revoke, or refuse to renew the certificate of registration of any registrant who is found to have been involved in: (1) The practice of any fraud or deceit in obtaining a certificate of registration; (2) Any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist; (3) Any felony listed under § 17-3-102 ; (4) Providing false testimony or information to the board; (5) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public; (6) Signing, affixing the professional geologist's seal, or permitting the professional geologist's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, or revisions that have not been prepared or completely checked by the professional geologist or prepared under the professional geologist's direct supervision or control; (7) Failing to comply with this chapter or any of the rules pertaining to this chapter; or (8) Aiding or assisting another person in violating any provision of this chapter or the rules pertaining to this chapter.

(1) The practice of any fraud or deceit in obtaining a certificate of registration;

(2) Any gross negligence, incompetence, or misconduct in the practice of geology as a professional geologist;

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

(4) Providing false testimony or information to the board;

(5) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;

(6) Signing, affixing the professional geologist's seal, or permitting the professional geologist's seal or signature to be affixed to any specifications, reports, drawings, plans, design information, construction documents, calculations, or revisions that have not been prepared or completely checked by the professional geologist or prepared under the professional geologist's direct supervision or control;

(7) Failing to comply with this chapter or any of the rules pertaining to this chapter; or

(8) Aiding or assisting another person in violating any provision of this chapter or the rules pertaining to this chapter.

(b) Any action by the board in this regard shall be after a hearing held in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Any administrative or judicial review of the action shall likewise be in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1412, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 39, eff. 7/24/2019.

Acts 1987, No. 470, § 17; 1987, No. 701, § 18; 2005, No. 676, § 10.
Ark. Code Ann. § 17-81-101 — AR Code / Title 17 / Chapter 81 / Subchapter 1 / Section 17-81-101
Short title
Status: in_force

This chapter shall be known as the "Arkansas Chiropractic Practices Act". Acts 1971, No. 706, § 1; A.S.A. 1947, § 72-415.

This chapter shall be known as the "Arkansas Chiropractic Practices Act".

Acts 1971, No. 706, § 1; A.S.A. 1947, § 72-415.
Ark. Code Ann. § 17-16-102 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-102
Definitions
Status: in_force

In this subchapter: (1) "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract. (2) (A) "Athlete agent" means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. (B) "Athlete agent" includes without limitation an individual who: (i) Is authorized by a student-athlete to enter into an agreement; (ii) Works for or on behalf of an athlete agent; or (iii) Represents to the public that he or she is an athlete agent. (C) "Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team, professional sports organization, or educational institution, unless that individual offers, solicits for himself or herself, solicits on the student-athlete's behalf, or solicits on behalf of the student-athlete's family or friends any form of a financial benefit or gift not allowed by the regulations or bylaws of the National Collegiate Athletic Association as they existed on January 1, 2011. (3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (4) "Contact" means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. (5) "Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (6) "Family" means any person related to a student-athlete by blood, marriage, or adoption. (7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. (8) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity. (9) "Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (11) "Registration" means registration as an athlete agent pursuant to this subchapter. (12) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (13) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. Acts 2001, No. 1622, § 2; 2011, No. 204, § 2.

In this subchapter:

(1) "Agency contract" means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.

(2) (A) "Athlete agent" means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. (B) "Athlete agent" includes without limitation an individual who: (i) Is authorized by a student-athlete to enter into an agreement; (ii) Works for or on behalf of an athlete agent; or (iii) Represents to the public that he or she is an athlete agent. (C) "Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team, professional sports organization, or educational institution, unless that individual offers, solicits for himself or herself, solicits on the student-athlete's behalf, or solicits on behalf of the student-athlete's family or friends any form of a financial benefit or gift not allowed by the regulations or bylaws of the National Collegiate Athletic Association as they existed on January 1, 2011.

(A) "Athlete agent" means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract.

(B) "Athlete agent" includes without limitation an individual who: (i) Is authorized by a student-athlete to enter into an agreement; (ii) Works for or on behalf of an athlete agent; or (iii) Represents to the public that he or she is an athlete agent.

(i) Is authorized by a student-athlete to enter into an agreement;

(ii) Works for or on behalf of an athlete agent; or

(iii) Represents to the public that he or she is an athlete agent.

(C) "Athlete agent" does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team, professional sports organization, or educational institution, unless that individual offers, solicits for himself or herself, solicits on the student-athlete's behalf, or solicits on behalf of the student-athlete's family or friends any form of a financial benefit or gift not allowed by the regulations or bylaws of the National Collegiate Athletic Association as they existed on January 1, 2011.

(3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) "Contact" means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.

(5) "Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(6) "Family" means any person related to a student-athlete by blood, marriage, or adoption.

(7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

(8) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(9) "Professional-sports-services contract" means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

(10) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(11) "Registration" means registration as an athlete agent pursuant to this subchapter.

(12) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(13) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.

Acts 2001, No. 1622, § 2; 2011, No. 204, § 2.
Ark. Code Ann. § 17-40-332 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-332
Time limit on civil liability
Status: in_force

The Department of Arkansas State Police and its employees are not liable for any civil damages resulting from a license, credential, or commission issued before September 1, 2015. Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.

The Department of Arkansas State Police and its employees are not liable for any civil damages resulting from a license, credential, or commission issued before September 1, 2015.

Added by Act 2015, No. 393,§ 78, eff. 9/1/2015.
Ark. Code Ann. § 17-23-201 — AR Code / Title 17 / Chapter 23 / Subchapter 2 / Section 17-23-201
Registration required
Status: in_force

(a) A person shall not engage in the business of purchasing precious metals or precious items from the general public for the purpose of reselling the precious metals or precious items in any condition without first registering with the local law enforcement agency in the jurisdiction as provided under this section and in the manner provided under § 17-23-202 . (b) If the person has a permanent place of business in the State of Arkansas and the transaction is being conducted at the person's permanent place of business, the person shall register with the local law enforcement agency in the jurisdiction of the permanent place of business. (c) A person shall register with the local law enforcement agency in the jurisdiction where the transaction occurs if the person: (1) Has a permanent place of business in the State of Arkansas and the transaction is being conducted from a location that is different from the person's permanent place of business; or (2) Is a nonresident that enters into an association or partnership with a person that is required to register with the local law enforcement agency having jurisdiction under subdivision (c)(1) of this section. Amended by Act 2013, No. 1213,§ 3, eff. 8/16/2013. Acts 1981, No. 87, § 1; 1981, No. 541, § 1; A.S.A. 1947, § 71-5401; Acts 1991, No. 729, § 2; 2011, No. 1037, § 3.

(a) A person shall not engage in the business of purchasing precious metals or precious items from the general public for the purpose of reselling the precious metals or precious items in any condition without first registering with the local law enforcement agency in the jurisdiction as provided under this section and in the manner provided under § 17-23-202 .

(b) If the person has a permanent place of business in the State of Arkansas and the transaction is being conducted at the person's permanent place of business, the person shall register with the local law enforcement agency in the jurisdiction of the permanent place of business.

(c) A person shall register with the local law enforcement agency in the jurisdiction where the transaction occurs if the person: (1) Has a permanent place of business in the State of Arkansas and the transaction is being conducted from a location that is different from the person's permanent place of business; or (2) Is a nonresident that enters into an association or partnership with a person that is required to register with the local law enforcement agency having jurisdiction under subdivision (c)(1) of this section.

(1) Has a permanent place of business in the State of Arkansas and the transaction is being conducted from a location that is different from the person's permanent place of business; or

(2) Is a nonresident that enters into an association or partnership with a person that is required to register with the local law enforcement agency having jurisdiction under subdivision (c)(1) of this section.

Amended by Act 2013, No. 1213,§ 3, eff. 8/16/2013.

Acts 1981, No. 87, § 1; 1981, No. 541, § 1; A.S.A. 1947, § 71-5401; Acts 1991, No. 729, § 2; 2011, No. 1037, § 3.
Ark. Code Ann. § 17-95-304 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-304
Inspectors - Use of prescriptions, orders, or records
Status: in_force

(a) (1) The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct investigations and inspections of prescriptions. (b) (1) (A) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant. (B) However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The inspectors shall have the duty and authority upon written direction by the Director of the Arkansas State Medical Board to investigate, inspect, and make copies of the records, orders, and prescriptions, wherever located, of all persons licensed by the board in order to determine whether or not the persons have: (A) Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs; (B) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (C) Violated the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (3) The licensee may refuse the request of the investigator and not tender copies of the records. (c) (1) The copies of prescriptions, orders, or records shall not become public records by reason of their use in disciplinary proceedings held by the board, nor shall the patient's or physician's property right to the prescriptions be extinguished by that use. (2) (A) If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by § 5-64-502 . (B) However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes. (d) The board shall have the power, in lieu of a letter of authority, to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and to collect the records. (e) If a witness served with a subpoena fails to honor the subpoena, then the board may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases. (f) (1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case. (2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task. (g) The board may collect costs incurred under subsection (f) of this section from the licensees being investigated by the division. Amended by Act 2019, No. 910,§ 4898, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4897, eff. 7/1/2019. Amended by Act 2017, No. 69,§ 3, eff. 8/1/2017. Acts 1955, No. 65, § 2; 1979, No. 150, § 1; A.S.A. 1947, § 72-602; Acts 1997, No. 493, § 2; 2005, No. 1410, § 2.

(a) (1) The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct investigations and inspections of prescriptions.

(1) The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health.

(2) The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct investigations and inspections of prescriptions.

(b) (1) (A) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant. (B) However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The inspectors shall have the duty and authority upon written direction by the Director of the Arkansas State Medical Board to investigate, inspect, and make copies of the records, orders, and prescriptions, wherever located, of all persons licensed by the board in order to determine whether or not the persons have: (A) Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs; (B) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (C) Violated the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (3) The licensee may refuse the request of the investigator and not tender copies of the records.

(1) (A) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant. (B) However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health.

(A) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant.

(B) However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health.

(2) The inspectors shall have the duty and authority upon written direction by the Director of the Arkansas State Medical Board to investigate, inspect, and make copies of the records, orders, and prescriptions, wherever located, of all persons licensed by the board in order to determine whether or not the persons have: (A) Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs; (B) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (C) Violated the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(A) Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs;

(B) Practiced their profession in such a way as to endanger the general health and welfare of the public; or

(C) Violated the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(3) The licensee may refuse the request of the investigator and not tender copies of the records.

(c) (1) The copies of prescriptions, orders, or records shall not become public records by reason of their use in disciplinary proceedings held by the board, nor shall the patient's or physician's property right to the prescriptions be extinguished by that use. (2) (A) If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by § 5-64-502 . (B) However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(1) The copies of prescriptions, orders, or records shall not become public records by reason of their use in disciplinary proceedings held by the board, nor shall the patient's or physician's property right to the prescriptions be extinguished by that use.

(2) (A) If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by § 5-64-502 . (B) However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(A) If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by § 5-64-502 .

(B) However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes.

(d) The board shall have the power, in lieu of a letter of authority, to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and to collect the records.

(e) If a witness served with a subpoena fails to honor the subpoena, then the board may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases.

(f) (1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case. (2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(1) The division shall have the authority to collect from the individual board utilizing the services delineated in this section up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case.

(2) The division shall also have the authority to collect from the individual board utilizing the services delineated in this section for: (A) Travel expenses at the level for state employees; and (B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(A) Travel expenses at the level for state employees; and

(B) Other out-of-pocket costs incurred by the division in carrying out its investigative task.

(g) The board may collect costs incurred under subsection (f) of this section from the licensees being investigated by the division.

Amended by Act 2019, No. 910,§ 4898, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4897, eff. 7/1/2019.

Amended by Act 2017, No. 69,§ 3, eff. 8/1/2017.

Acts 1955, No. 65, § 2; 1979, No. 150, § 1; A.S.A. 1947, § 72-602; Acts 1997, No. 493, § 2; 2005, No. 1410, § 2.
Ark. Code Ann. § 17-21-202 — AR Code / Title 17 / Chapter 21 / Subchapter 2 / Section 17-21-202
Bond
Status: in_force

(a) Except as provided in § 17-21-203 , each operator shall, at the time of registration, file and have approved by the Secretary of the Department of Finance and Administration, a bond in which the candidate for registration shall be the principal obligor in the sum of ten thousand dollars ($10,000). (b) The bond shall be payable to the State of Arkansas for the use of the secretary and any person who may have a cause of action against the obligor of the bond for any losses caused by a failure to conduct a beauty pageant. Amended by Act 2019, No. 910,§ 3422, eff. 7/1/2019. Acts 1991, No. 101, § 2.

(a) Except as provided in § 17-21-203 , each operator shall, at the time of registration, file and have approved by the Secretary of the Department of Finance and Administration, a bond in which the candidate for registration shall be the principal obligor in the sum of ten thousand dollars ($10,000).

(b) The bond shall be payable to the State of Arkansas for the use of the secretary and any person who may have a cause of action against the obligor of the bond for any losses caused by a failure to conduct a beauty pageant.

Amended by Act 2019, No. 910,§ 3422, eff. 7/1/2019.

Acts 1991, No. 101, § 2.
Ark. Code Ann. § 17-92-1104 — AR Code / Title 17 / Chapter 92 / Subchapter 11 / Section 17-92-1104
Donations of unused prescription drugs
Status: in_force

(a) (1) A charitable clinic may accept for redispensing prescription drugs obtained from a nursing facility by the clinic pharmacy for relabeling and dispensing free of charge and pursuant to a valid prescription order to an indigent patient. (2) The donor patient shall be considered to be the owner of the prescription drug and entitled to donate the prescription drug for use by a charitable clinic. (b) (1) (A) (i) Any nursing home may enter into a contract with any charitable clinic for the transfer of prescription drugs under this section. (ii) No prescription drugs may be transferred without a contract. (B) A contract entered into under subdivision (b)(1)(A) of this section shall: (i) Be approved by the Arkansas State Board of Pharmacy, in cooperation with the Department of Health and the Department of Human Services; and (ii) Set out procedures for ensuring a safe chain of custody to protect the safety of all transferred drugs. (C) The contract may specify that the charitable clinic will: (i) Define a specified set of prescription drugs that will be transferred from the nursing home to the charitable clinic; (ii) Request from time to time the transfer of particular prescription drugs; (iii) Receive all the prescription drugs that the nursing home is authorized to transfer under this section; or (iv) Make such other provisions as may be approved by the board. (2) The pharmacist-in-charge at the charitable clinic shall be responsible for determining the description of the prescription drugs that will be included in the contract. (c) Donations of prescription drugs to a charitable clinic pharmacy shall meet the following requirements: (1) (A) The charitable clinic pharmacy accepts the prescription drugs only in their original sealed and tamper-evident packaging. (B) However, the charitable clinic pharmacy may accept prescription drugs packaged in single-unit doses or blister packs with the outside packaging opened if the single-unit dose packaging remains intact; (2) A pharmacist of the charitable clinic pharmacy determines that the prescription drug is not adulterated or misbranded and is safe to dispense; (3) No product of which the integrity cannot be assured is accepted for redispensing by the pharmacist of the charitable clinic pharmacy; (4) The prescription drugs are physically transferred from the nursing facility to a charitable clinic pharmacy by a person authorized by the board to pick up the prescription drugs for the charitable clinic; (5) (A) The donor executes a form stating that the donor is authorized to donate the prescription drugs and intends to voluntarily donate them to a charitable clinic pharmacy. (B) The nursing facility retains the donor form along with other acquisition records; (6) The donor patient's name, prescription number, and any other identifying marks are obliterated from the packaging before the nursing facility sends the prescription drug to the charitable clinic; (7) The drug name, strength, and expiration date remain on the prescription drug package label; (8) The redispensed prescription drug is assigned the same expiration date as on the original package; (9) Expired prescription drugs accepted by a charitable clinic pharmacy are not redispensed and are destroyed according to the charitable clinic pharmacy's destruction procedures; and (10) The charitable clinic pharmacy accepts no controlled substances. (d) (1) If a nursing facility that releases prescription drugs to a charitable clinic receives notice from a pharmacy that a prescription drug has been recalled, the nursing facility shall inform the clinic of the recall. (2) If a charitable clinic receives a recall notification from a nursing facility, the clinic shall perform a uniform destruction of all of the recalled prescription drug in the facility. (e) No prescription drug dispensed through a charitable clinic pharmacy shall be eligible for reimbursement from the Arkansas Medicaid Program. (f) Indigent patients receiving prescription drugs through the prescription drug redispensing program shall sign a waiver form releasing the nursing facility, the donor, and the donor's estate from liability. (g) The board shall promulgate rules to develop: (1) Forms and procedures for authorizations and certifications required under subdivision (c)(4) of this section; (2) The donor consent form required under subdivision (c)(5) of this section; (3) The waiver forms required under subsection (f) of this section; and (4) (A) Specific requirements for a charitable clinic pharmacy or other specialty pharmacy for the medically indigent as defined by rules of the board to qualify for participation in and to participate in the prescription drug redispensing program. (B) On request, the board shall provide the information required under subdivision (g)(4)(A) of this section to charitable clinics. (h) (1) The following persons and entities that participate in the prescription drug redispensing program shall not be subject to any professional disciplinary action or criminal prosecution for actions taken under the prescription drug redispensing program: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, registered nurse, advanced practice nurse, or nurse practitioner; (D) Pharmacists and pharmacy technicians except when the board has promulgated rules dealing specifically with the prescription drug redispensing program; (E) The charitable clinic; (F) The Department of Health; (G) The Department of Human Services; or (H) The board. (2) Participation in the prescription drug redispensing program shall not be used as an independent basis for a claim of liability in tort or other civil action against any person or entity, including, but not limited to: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, nurse practitioner, or nurse; (D) The charitable clinic; (E) The charitable clinic pharmacy acting in conformity with board rules; (F) The pharmacist who originally dispensed the donated prescription drugs acting in conformity with board rules; (G) A pharmacist dispensing donated prescription drugs acting in conformity with board rules; (H) The Department of Health; (I) The Department of Human Services; or (J) The board. (3) (A) In the absence of bad faith, a prescription drug manufacturer shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the prescription drug redispensing program, including, but not limited to, liability for failure to provide: (i) Product or consumer package insert information; or (ii) The expiration date of the donated prescription drug. (B) Subdivision (h)(3)(A) of this section does not apply to a previously undisclosed product defect. Amended by Act 2019, No. 315,§ 1603, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1602, eff. 7/24/2019. Acts 2005, No. 162, § 1.

(a) (1) A charitable clinic may accept for redispensing prescription drugs obtained from a nursing facility by the clinic pharmacy for relabeling and dispensing free of charge and pursuant to a valid prescription order to an indigent patient. (2) The donor patient shall be considered to be the owner of the prescription drug and entitled to donate the prescription drug for use by a charitable clinic.

(1) A charitable clinic may accept for redispensing prescription drugs obtained from a nursing facility by the clinic pharmacy for relabeling and dispensing free of charge and pursuant to a valid prescription order to an indigent patient.

(2) The donor patient shall be considered to be the owner of the prescription drug and entitled to donate the prescription drug for use by a charitable clinic.

(b) (1) (A) (i) Any nursing home may enter into a contract with any charitable clinic for the transfer of prescription drugs under this section. (ii) No prescription drugs may be transferred without a contract. (B) A contract entered into under subdivision (b)(1)(A) of this section shall: (i) Be approved by the Arkansas State Board of Pharmacy, in cooperation with the Department of Health and the Department of Human Services; and (ii) Set out procedures for ensuring a safe chain of custody to protect the safety of all transferred drugs. (C) The contract may specify that the charitable clinic will: (i) Define a specified set of prescription drugs that will be transferred from the nursing home to the charitable clinic; (ii) Request from time to time the transfer of particular prescription drugs; (iii) Receive all the prescription drugs that the nursing home is authorized to transfer under this section; or (iv) Make such other provisions as may be approved by the board. (2) The pharmacist-in-charge at the charitable clinic shall be responsible for determining the description of the prescription drugs that will be included in the contract.

(1) (A) (i) Any nursing home may enter into a contract with any charitable clinic for the transfer of prescription drugs under this section. (ii) No prescription drugs may be transferred without a contract. (B) A contract entered into under subdivision (b)(1)(A) of this section shall: (i) Be approved by the Arkansas State Board of Pharmacy, in cooperation with the Department of Health and the Department of Human Services; and (ii) Set out procedures for ensuring a safe chain of custody to protect the safety of all transferred drugs. (C) The contract may specify that the charitable clinic will: (i) Define a specified set of prescription drugs that will be transferred from the nursing home to the charitable clinic; (ii) Request from time to time the transfer of particular prescription drugs; (iii) Receive all the prescription drugs that the nursing home is authorized to transfer under this section; or (iv) Make such other provisions as may be approved by the board.

(A) (i) Any nursing home may enter into a contract with any charitable clinic for the transfer of prescription drugs under this section. (ii) No prescription drugs may be transferred without a contract.

(i) Any nursing home may enter into a contract with any charitable clinic for the transfer of prescription drugs under this section.

(ii) No prescription drugs may be transferred without a contract.

(B) A contract entered into under subdivision (b)(1)(A) of this section shall: (i) Be approved by the Arkansas State Board of Pharmacy, in cooperation with the Department of Health and the Department of Human Services; and (ii) Set out procedures for ensuring a safe chain of custody to protect the safety of all transferred drugs.

(i) Be approved by the Arkansas State Board of Pharmacy, in cooperation with the Department of Health and the Department of Human Services; and

(ii) Set out procedures for ensuring a safe chain of custody to protect the safety of all transferred drugs.

(C) The contract may specify that the charitable clinic will: (i) Define a specified set of prescription drugs that will be transferred from the nursing home to the charitable clinic; (ii) Request from time to time the transfer of particular prescription drugs; (iii) Receive all the prescription drugs that the nursing home is authorized to transfer under this section; or (iv) Make such other provisions as may be approved by the board.

(i) Define a specified set of prescription drugs that will be transferred from the nursing home to the charitable clinic;

(ii) Request from time to time the transfer of particular prescription drugs;

(iii) Receive all the prescription drugs that the nursing home is authorized to transfer under this section; or

(iv) Make such other provisions as may be approved by the board.

(2) The pharmacist-in-charge at the charitable clinic shall be responsible for determining the description of the prescription drugs that will be included in the contract.

(c) Donations of prescription drugs to a charitable clinic pharmacy shall meet the following requirements: (1) (A) The charitable clinic pharmacy accepts the prescription drugs only in their original sealed and tamper-evident packaging. (B) However, the charitable clinic pharmacy may accept prescription drugs packaged in single-unit doses or blister packs with the outside packaging opened if the single-unit dose packaging remains intact; (2) A pharmacist of the charitable clinic pharmacy determines that the prescription drug is not adulterated or misbranded and is safe to dispense; (3) No product of which the integrity cannot be assured is accepted for redispensing by the pharmacist of the charitable clinic pharmacy; (4) The prescription drugs are physically transferred from the nursing facility to a charitable clinic pharmacy by a person authorized by the board to pick up the prescription drugs for the charitable clinic; (5) (A) The donor executes a form stating that the donor is authorized to donate the prescription drugs and intends to voluntarily donate them to a charitable clinic pharmacy. (B) The nursing facility retains the donor form along with other acquisition records; (6) The donor patient's name, prescription number, and any other identifying marks are obliterated from the packaging before the nursing facility sends the prescription drug to the charitable clinic; (7) The drug name, strength, and expiration date remain on the prescription drug package label; (8) The redispensed prescription drug is assigned the same expiration date as on the original package; (9) Expired prescription drugs accepted by a charitable clinic pharmacy are not redispensed and are destroyed according to the charitable clinic pharmacy's destruction procedures; and (10) The charitable clinic pharmacy accepts no controlled substances.

(1) (A) The charitable clinic pharmacy accepts the prescription drugs only in their original sealed and tamper-evident packaging. (B) However, the charitable clinic pharmacy may accept prescription drugs packaged in single-unit doses or blister packs with the outside packaging opened if the single-unit dose packaging remains intact;

(A) The charitable clinic pharmacy accepts the prescription drugs only in their original sealed and tamper-evident packaging.

(B) However, the charitable clinic pharmacy may accept prescription drugs packaged in single-unit doses or blister packs with the outside packaging opened if the single-unit dose packaging remains intact;

(2) A pharmacist of the charitable clinic pharmacy determines that the prescription drug is not adulterated or misbranded and is safe to dispense;

(3) No product of which the integrity cannot be assured is accepted for redispensing by the pharmacist of the charitable clinic pharmacy;

(4) The prescription drugs are physically transferred from the nursing facility to a charitable clinic pharmacy by a person authorized by the board to pick up the prescription drugs for the charitable clinic;

(5) (A) The donor executes a form stating that the donor is authorized to donate the prescription drugs and intends to voluntarily donate them to a charitable clinic pharmacy. (B) The nursing facility retains the donor form along with other acquisition records;

(A) The donor executes a form stating that the donor is authorized to donate the prescription drugs and intends to voluntarily donate them to a charitable clinic pharmacy.

(B) The nursing facility retains the donor form along with other acquisition records;

(6) The donor patient's name, prescription number, and any other identifying marks are obliterated from the packaging before the nursing facility sends the prescription drug to the charitable clinic;

(7) The drug name, strength, and expiration date remain on the prescription drug package label;

(8) The redispensed prescription drug is assigned the same expiration date as on the original package;

(9) Expired prescription drugs accepted by a charitable clinic pharmacy are not redispensed and are destroyed according to the charitable clinic pharmacy's destruction procedures; and

(10) The charitable clinic pharmacy accepts no controlled substances.

(d) (1) If a nursing facility that releases prescription drugs to a charitable clinic receives notice from a pharmacy that a prescription drug has been recalled, the nursing facility shall inform the clinic of the recall. (2) If a charitable clinic receives a recall notification from a nursing facility, the clinic shall perform a uniform destruction of all of the recalled prescription drug in the facility.

(1) If a nursing facility that releases prescription drugs to a charitable clinic receives notice from a pharmacy that a prescription drug has been recalled, the nursing facility shall inform the clinic of the recall.

(2) If a charitable clinic receives a recall notification from a nursing facility, the clinic shall perform a uniform destruction of all of the recalled prescription drug in the facility.

(e) No prescription drug dispensed through a charitable clinic pharmacy shall be eligible for reimbursement from the Arkansas Medicaid Program.

(f) Indigent patients receiving prescription drugs through the prescription drug redispensing program shall sign a waiver form releasing the nursing facility, the donor, and the donor's estate from liability.

(g) The board shall promulgate rules to develop: (1) Forms and procedures for authorizations and certifications required under subdivision (c)(4) of this section; (2) The donor consent form required under subdivision (c)(5) of this section; (3) The waiver forms required under subsection (f) of this section; and (4) (A) Specific requirements for a charitable clinic pharmacy or other specialty pharmacy for the medically indigent as defined by rules of the board to qualify for participation in and to participate in the prescription drug redispensing program. (B) On request, the board shall provide the information required under subdivision (g)(4)(A) of this section to charitable clinics.

(1) Forms and procedures for authorizations and certifications required under subdivision (c)(4) of this section;

(2) The donor consent form required under subdivision (c)(5) of this section;

(3) The waiver forms required under subsection (f) of this section; and

(4) (A) Specific requirements for a charitable clinic pharmacy or other specialty pharmacy for the medically indigent as defined by rules of the board to qualify for participation in and to participate in the prescription drug redispensing program. (B) On request, the board shall provide the information required under subdivision (g)(4)(A) of this section to charitable clinics.

(A) Specific requirements for a charitable clinic pharmacy or other specialty pharmacy for the medically indigent as defined by rules of the board to qualify for participation in and to participate in the prescription drug redispensing program.

(B) On request, the board shall provide the information required under subdivision (g)(4)(A) of this section to charitable clinics.

(h) (1) The following persons and entities that participate in the prescription drug redispensing program shall not be subject to any professional disciplinary action or criminal prosecution for actions taken under the prescription drug redispensing program: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, registered nurse, advanced practice nurse, or nurse practitioner; (D) Pharmacists and pharmacy technicians except when the board has promulgated rules dealing specifically with the prescription drug redispensing program; (E) The charitable clinic; (F) The Department of Health; (G) The Department of Human Services; or (H) The board. (2) Participation in the prescription drug redispensing program shall not be used as an independent basis for a claim of liability in tort or other civil action against any person or entity, including, but not limited to: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, nurse practitioner, or nurse; (D) The charitable clinic; (E) The charitable clinic pharmacy acting in conformity with board rules; (F) The pharmacist who originally dispensed the donated prescription drugs acting in conformity with board rules; (G) A pharmacist dispensing donated prescription drugs acting in conformity with board rules; (H) The Department of Health; (I) The Department of Human Services; or (J) The board. (3) (A) In the absence of bad faith, a prescription drug manufacturer shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the prescription drug redispensing program, including, but not limited to, liability for failure to provide: (i) Product or consumer package insert information; or (ii) The expiration date of the donated prescription drug. (B) Subdivision (h)(3)(A) of this section does not apply to a previously undisclosed product defect.

(1) The following persons and entities that participate in the prescription drug redispensing program shall not be subject to any professional disciplinary action or criminal prosecution for actions taken under the prescription drug redispensing program: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, registered nurse, advanced practice nurse, or nurse practitioner; (D) Pharmacists and pharmacy technicians except when the board has promulgated rules dealing specifically with the prescription drug redispensing program; (E) The charitable clinic; (F) The Department of Health; (G) The Department of Human Services; or (H) The board.

(A) The donor and the donor's estate;

(B) A nursing facility;

(C) The prescribing physician, physician's assistant, registered nurse, advanced practice nurse, or nurse practitioner;

(D) Pharmacists and pharmacy technicians except when the board has promulgated rules dealing specifically with the prescription drug redispensing program;

(E) The charitable clinic;

(F) The Department of Health;

(G) The Department of Human Services; or

(H) The board.

(2) Participation in the prescription drug redispensing program shall not be used as an independent basis for a claim of liability in tort or other civil action against any person or entity, including, but not limited to: (A) The donor and the donor's estate; (B) A nursing facility; (C) The prescribing physician, physician's assistant, nurse practitioner, or nurse; (D) The charitable clinic; (E) The charitable clinic pharmacy acting in conformity with board rules; (F) The pharmacist who originally dispensed the donated prescription drugs acting in conformity with board rules; (G) A pharmacist dispensing donated prescription drugs acting in conformity with board rules; (H) The Department of Health; (I) The Department of Human Services; or (J) The board.

(A) The donor and the donor's estate;

(B) A nursing facility;

(C) The prescribing physician, physician's assistant, nurse practitioner, or nurse;

(D) The charitable clinic;

(E) The charitable clinic pharmacy acting in conformity with board rules;

(F) The pharmacist who originally dispensed the donated prescription drugs acting in conformity with board rules;

(G) A pharmacist dispensing donated prescription drugs acting in conformity with board rules;

(H) The Department of Health;

(I) The Department of Human Services; or

(J) The board.

(3) (A) In the absence of bad faith, a prescription drug manufacturer shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the prescription drug redispensing program, including, but not limited to, liability for failure to provide: (i) Product or consumer package insert information; or (ii) The expiration date of the donated prescription drug. (B) Subdivision (h)(3)(A) of this section does not apply to a previously undisclosed product defect.

(A) In the absence of bad faith, a prescription drug manufacturer shall not be subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the prescription drug redispensing program, including, but not limited to, liability for failure to provide: (i) Product or consumer package insert information; or (ii) The expiration date of the donated prescription drug.

(i) Product or consumer package insert information; or

(ii) The expiration date of the donated prescription drug.

(B) Subdivision (h)(3)(A) of this section does not apply to a previously undisclosed product defect.

Amended by Act 2019, No. 315,§ 1603, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1602, eff. 7/24/2019.

Acts 2005, No. 162, § 1.
Ark. Code Ann. § 17-28-310 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-310
Grandfather clause
Status: in_force

(a) Applicants for a license under this chapter shall be exempt from the examination requirement of § 17-28-203 , provided that the applicant: (1) Is qualified by experience requirements to take the examination for a particular license classification under the provisions of this chapter and the rules of the Board of Electrical Examiners of the State of Arkansas; (2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause; (3) Submits the appropriate fee; and (4) Applies for a license before July 1, 1998. (b) Notwithstanding any provision to the contrary, an applicant for a license under this section shall be exempt from the journeyman electrician examination requirement of § 17-28-203 if he or she has completed electrical apprenticeship training and education under a bona fide apprenticeship program registered with the United States Office of Apprenticeship and he or she meets the requirements of subdivisions (a)(2)-(4) of this section. (c) An applicant for a specialist sign electrician license under this chapter shall be exempt from the examination requirement of § 17-28-203 if the applicant: (1) Is qualified by experience requirements to take the examination for a particular license classification under this chapter and the rules of the board; (2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause; (3) Submits the appropriate fee; and (4) Applies for the specialist sign electrician license before September 1, 2009. Amended by Act 2019, No. 315,§ 1397, eff. 7/24/2019. Acts 1997, No. 1289, § 13; 2009, No. 1188, § 4.

(a) Applicants for a license under this chapter shall be exempt from the examination requirement of § 17-28-203 , provided that the applicant: (1) Is qualified by experience requirements to take the examination for a particular license classification under the provisions of this chapter and the rules of the Board of Electrical Examiners of the State of Arkansas; (2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause; (3) Submits the appropriate fee; and (4) Applies for a license before July 1, 1998.

(1) Is qualified by experience requirements to take the examination for a particular license classification under the provisions of this chapter and the rules of the Board of Electrical Examiners of the State of Arkansas;

(2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause;

(3) Submits the appropriate fee; and

(4) Applies for a license before July 1, 1998.

(b) Notwithstanding any provision to the contrary, an applicant for a license under this section shall be exempt from the journeyman electrician examination requirement of § 17-28-203 if he or she has completed electrical apprenticeship training and education under a bona fide apprenticeship program registered with the United States Office of Apprenticeship and he or she meets the requirements of subdivisions (a)(2)-(4) of this section.

(c) An applicant for a specialist sign electrician license under this chapter shall be exempt from the examination requirement of § 17-28-203 if the applicant: (1) Is qualified by experience requirements to take the examination for a particular license classification under this chapter and the rules of the board; (2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause; (3) Submits the appropriate fee; and (4) Applies for the specialist sign electrician license before September 1, 2009.

(1) Is qualified by experience requirements to take the examination for a particular license classification under this chapter and the rules of the board;

(2) Has not had a municipal electrician's license or a state electrician's license of any classification revoked or suspended for cause;

(3) Submits the appropriate fee; and

(4) Applies for the specialist sign electrician license before September 1, 2009.

Amended by Act 2019, No. 315,§ 1397, eff. 7/24/2019.

Acts 1997, No. 1289, § 13; 2009, No. 1188, § 4.