Ark. Code Ann. § 17-23-206 — AR Code / Title 17 / Chapter 23 / Subchapter 2 / Section 17-23-206
Records
Status: in_force

(a) Every person registered under this chapter shall keep a record book containing a comprehensive record of all transactions concerning precious metals or precious items. (b) The record shall include: (1) The name, address, and telephone number of the seller; (2) The date of birth of the seller; (3) The signature of the seller; (4) A description of the seller, including height, weight, race, complexion, and hair color; (5) The driver's license, identification card, or other photo identification number provided under § 17-23-203(a)(1) and the jurisdiction of issuance; and (6) A complete and accurate description of the property purchased, including any serial numbers or other identifying marks or symbols and the date and hour of the transaction. (c) All persons registered under this chapter shall at least weekly deliver or mail to the chief law enforcement officer of the city or town or the sheriff of the county in which the business is located a written or electronic copy of all entries in the record required to be kept by subsections (a) and (b) of this section during the preceding seven-day period. (d) All records and reports received by the chief law enforcement officer of the city or town or sheriff of the county shall be available for inspection only by law enforcement officers for law enforcement purposes. Acts 1981, No. 87, §§ 4, 5; 1981, No. 541, §§ 2, 3; 1983, No. 374, § 3; A.S.A. 1947, §§ 71-5404, 71-5405; Acts 2011, No. 1037, § 6.

(a) Every person registered under this chapter shall keep a record book containing a comprehensive record of all transactions concerning precious metals or precious items.

(b) The record shall include: (1) The name, address, and telephone number of the seller; (2) The date of birth of the seller; (3) The signature of the seller; (4) A description of the seller, including height, weight, race, complexion, and hair color; (5) The driver's license, identification card, or other photo identification number provided under § 17-23-203(a)(1) and the jurisdiction of issuance; and (6) A complete and accurate description of the property purchased, including any serial numbers or other identifying marks or symbols and the date and hour of the transaction.

(1) The name, address, and telephone number of the seller;

(2) The date of birth of the seller;

(3) The signature of the seller;

(4) A description of the seller, including height, weight, race, complexion, and hair color;

(5) The driver's license, identification card, or other photo identification number provided under § 17-23-203(a)(1) and the jurisdiction of issuance; and

(6) A complete and accurate description of the property purchased, including any serial numbers or other identifying marks or symbols and the date and hour of the transaction.

(c) All persons registered under this chapter shall at least weekly deliver or mail to the chief law enforcement officer of the city or town or the sheriff of the county in which the business is located a written or electronic copy of all entries in the record required to be kept by subsections (a) and (b) of this section during the preceding seven-day period.

(d) All records and reports received by the chief law enforcement officer of the city or town or sheriff of the county shall be available for inspection only by law enforcement officers for law enforcement purposes.

Acts 1981, No. 87, §§ 4, 5; 1981, No. 541, §§ 2, 3; 1983, No. 374, § 3; A.S.A. 1947, §§ 71-5404, 71-5405; Acts 2011, No. 1037, § 6.
Ark. Code Ann. § 17-17-102 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-102
Legislative findings and intent
Status: in_force

(a) It is hereby found and determined by the General Assembly that: (1) The current law pertaining to auctioneers is out of date and should be revised to permit administrative efficiencies when practical and address areas in which unregulated activities harm consumers; (2) The existing exemption for online auctions is overly broad and does not permit the regulation of online auctions conducted within this state or which sell property located within this state; (3) The state has no mechanism in place to regulate estate sales and to protect owners and consumers from fraudulent or other undesirable conduct in connection with an estate sale; and (4) The Auctioneer's Licensing Board has the appropriate expertise and is the proper regulatory authority to protect the citizens of this state from fraudulent and other undesirable practices in connection with online auctions and estate sales occurring within or affecting property within this state. (b) Therefore, it is the purpose of this chapter to provide the board all necessary and desirable authority to efficiently license and regulate: (1) Auctioneers, other than livestock auction barn auctioneers and auctioneers conducting certain kinds of auctions; and (2) Online auctions and estate sales occurring within or affecting property within this state. Amended by Act 2023, No. 677,§ 1, eff. 8/1/2023. Acts 1989, No. 266, § 1.

(a) It is hereby found and determined by the General Assembly that: (1) The current law pertaining to auctioneers is out of date and should be revised to permit administrative efficiencies when practical and address areas in which unregulated activities harm consumers; (2) The existing exemption for online auctions is overly broad and does not permit the regulation of online auctions conducted within this state or which sell property located within this state; (3) The state has no mechanism in place to regulate estate sales and to protect owners and consumers from fraudulent or other undesirable conduct in connection with an estate sale; and (4) The Auctioneer's Licensing Board has the appropriate expertise and is the proper regulatory authority to protect the citizens of this state from fraudulent and other undesirable practices in connection with online auctions and estate sales occurring within or affecting property within this state.

(1) The current law pertaining to auctioneers is out of date and should be revised to permit administrative efficiencies when practical and address areas in which unregulated activities harm consumers;

(2) The existing exemption for online auctions is overly broad and does not permit the regulation of online auctions conducted within this state or which sell property located within this state;

(3) The state has no mechanism in place to regulate estate sales and to protect owners and consumers from fraudulent or other undesirable conduct in connection with an estate sale; and

(4) The Auctioneer's Licensing Board has the appropriate expertise and is the proper regulatory authority to protect the citizens of this state from fraudulent and other undesirable practices in connection with online auctions and estate sales occurring within or affecting property within this state.

(b) Therefore, it is the purpose of this chapter to provide the board all necessary and desirable authority to efficiently license and regulate: (1) Auctioneers, other than livestock auction barn auctioneers and auctioneers conducting certain kinds of auctions; and (2) Online auctions and estate sales occurring within or affecting property within this state.

(1) Auctioneers, other than livestock auction barn auctioneers and auctioneers conducting certain kinds of auctions; and

(2) Online auctions and estate sales occurring within or affecting property within this state.

Amended by Act 2023, No. 677,§ 1, eff. 8/1/2023.

Acts 1989, No. 266, § 1.
Ark. Code Ann. § 17-40-351 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-351
Procedure for denial
Status: in_force

(a) The Director of the Division of Arkansas State Police may deny the issuance of a license, credential, or commission under this chapter. (b) The director shall notify the applicant of the director's decision in writing. (c) The applicant may appeal the decision to the director, provided he or she perfects the appeal within ten (10) days of the receipt of his or her notice of denial. Amended by Act 2019, No. 910,§ 5998, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 90, eff. 9/1/2015. Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, § 6; A.S.A. 1947, § 71-2132.

(a) The Director of the Division of Arkansas State Police may deny the issuance of a license, credential, or commission under this chapter.

(b) The director shall notify the applicant of the director's decision in writing.

(c) The applicant may appeal the decision to the director, provided he or she perfects the appeal within ten (10) days of the receipt of his or her notice of denial.

Amended by Act 2019, No. 910,§ 5998, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 90, eff. 9/1/2015.

Acts 1977, No. 429, § 11; 1979, No. 907, §§ 5-8; 1981, No. 792, § 6; A.S.A. 1947, § 71-2132.
Ark. Code Ann. § 17-93-306 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-306
Endorsement
Status: in_force

(a) The Arkansas State Board of Physical Therapy shall issue a license to an applicant who is a physical therapist or a physical therapist assistant and who has a current unrestricted license from another jurisdiction of the United States if the applicant has met all the qualifications for a license under this chapter at the time of the applicant's initial licensure. (b) The issuance of a license by endorsement by the board shall be at the sole discretion of the board, and the board may provide such rules governing admission as it may deem necessary or desirable. Acts 1959, No. 141, § 10; 1979, No. 631, § 6; A.S.A. 1947, § 72-1326; Acts 2009, No. 1471, § 7.

(a) The Arkansas State Board of Physical Therapy shall issue a license to an applicant who is a physical therapist or a physical therapist assistant and who has a current unrestricted license from another jurisdiction of the United States if the applicant has met all the qualifications for a license under this chapter at the time of the applicant's initial licensure.

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

Acts 1959, No. 141, § 10; 1979, No. 631, § 6; A.S.A. 1947, § 72-1326; Acts 2009, No. 1471, § 7.
Ark. Code Ann. § 17-105-124 — AR Code / Title 17 / Chapter 105 / Section 17-105-124
Participation in disaster and emergency care
Status: in_force

(a) A physician assistant may render care within his or her scope of practice when responding to a need for medical care created by an emergency or a state or local disaster if the physician assistant is: (1) Licensed in this state; (2) Licensed or authorized to practice in another state or territory; or (3) Credentialed as a physician assistant by a federal employer. (b) (1) A physician assistant who voluntarily and gratuitously, other than in the ordinary course of his or her employment or practice, renders emergency medical assistance is not liable for civil damages for personal injuries that result from acts or omissions of the physician assistant that may constitute ordinary negligence. (2) The immunity granted by subdivision (b)(1) of this section does not apply to acts or omissions of a physician assistant that constitute gross, willful, or wanton negligence. Added by Act 2021, No. 634,§ 17, eff. 7/28/2021.

(a) A physician assistant may render care within his or her scope of practice when responding to a need for medical care created by an emergency or a state or local disaster if the physician assistant is: (1) Licensed in this state; (2) Licensed or authorized to practice in another state or territory; or (3) Credentialed as a physician assistant by a federal employer.

(1) Licensed in this state;

(2) Licensed or authorized to practice in another state or territory; or

(3) Credentialed as a physician assistant by a federal employer.

(b) (1) A physician assistant who voluntarily and gratuitously, other than in the ordinary course of his or her employment or practice, renders emergency medical assistance is not liable for civil damages for personal injuries that result from acts or omissions of the physician assistant that may constitute ordinary negligence. (2) The immunity granted by subdivision (b)(1) of this section does not apply to acts or omissions of a physician assistant that constitute gross, willful, or wanton negligence.

(1) A physician assistant who voluntarily and gratuitously, other than in the ordinary course of his or her employment or practice, renders emergency medical assistance is not liable for civil damages for personal injuries that result from acts or omissions of the physician assistant that may constitute ordinary negligence.

(2) The immunity granted by subdivision (b)(1) of this section does not apply to acts or omissions of a physician assistant that constitute gross, willful, or wanton negligence.

Added by Act 2021, No. 634,§ 17, eff. 7/28/2021.
Ark. Code Ann. § 17-29-602 — AR Code / Title 17 / Chapter 29 / Subchapter 6 / Section 17-29-602
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015. Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.

Repealed by Act 2015, No. 1095,§ 45, eff. 7/22/2015.

Acts 1975, No. 180, § 2; A.S.A. 1947, § 71-923.
Ark. Code Ann. § 17-92-207 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-207
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4891, eff. 7/1/2019. Acts 1955, No. 57, § 18; A.S.A. 1947, § 72-1005.1.

Repealed by Act 2019, No. 910,§ 4891, eff. 7/1/2019.

Acts 1955, No. 57, § 18; A.S.A. 1947, § 72-1005.1.
Ark. Code Ann. § 17-15-303 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-303
Partnerships and corporations
Status: in_force

(a) A partnership or a corporation may be admitted to practice architecture in this state if: (1) Two-thirds (2/3) of the partners, if a partnership, or two-thirds (2/3) of the directors, if a corporation, are registered under the laws of any state to practice architecture or engineering; and (2) The person having the practice of architecture in his or her charge is himself or herself a partner, if a partnership, or a director, if a corporation, and registered to practice architecture in this state. (b) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers is authorized to require by rule any partnership or corporation practicing architecture in this state to file information concerning its officers, directors, beneficial owners, and other aspects of its business organization upon such forms as the board prescribes. Amended by Act 2019, No. 315,§ 1345, eff. 7/24/2019. Acts 1941, No. 270, § 2; 1959, No. 157, § 1; 1971, No. 582, § 1; 1981, No. 646, §§ 1, 2; A.S.A. 1947, § 71-302.

(a) A partnership or a corporation may be admitted to practice architecture in this state if: (1) Two-thirds (2/3) of the partners, if a partnership, or two-thirds (2/3) of the directors, if a corporation, are registered under the laws of any state to practice architecture or engineering; and (2) The person having the practice of architecture in his or her charge is himself or herself a partner, if a partnership, or a director, if a corporation, and registered to practice architecture in this state.

(1) Two-thirds (2/3) of the partners, if a partnership, or two-thirds (2/3) of the directors, if a corporation, are registered under the laws of any state to practice architecture or engineering; and

(2) The person having the practice of architecture in his or her charge is himself or herself a partner, if a partnership, or a director, if a corporation, and registered to practice architecture in this state.

(b) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers is authorized to require by rule any partnership or corporation practicing architecture in this state to file information concerning its officers, directors, beneficial owners, and other aspects of its business organization upon such forms as the board prescribes.

Amended by Act 2019, No. 315,§ 1345, eff. 7/24/2019.

Acts 1941, No. 270, § 2; 1959, No. 157, § 1; 1971, No. 582, § 1; 1981, No. 646, §§ 1, 2; A.S.A. 1947, § 71-302.
Ark. Code Ann. § 17-81-307 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-307
Issuance and recording of licenses
Status: in_force

(a) The Arkansas State Board of Chiropractic Examiners shall issue licenses to all applicants who have been approved, paid all the required fees, and possess a valid certificate issued by the National Board of Chiropractic Examiners. (b) (1) Each person receiving a license from the board, before practicing chiropractic, shall have the certificate recorded in the office of the county clerk of the county where he or she proposes to practice. (2) When the licensee moves to another county for the purpose of continuing the practice of chiropractic, he or she shall file for record, with the county clerk of the county to which he or she moves, a certified copy of his or her license. (3) The fee for each recording of each license shall be two dollars ($2.00). (4) Each licensee shall display conspicuously in his or her principal place of business or place of employment the license issued by the board. The annual renewal certificate shall be displayed in connection with the original license. Amended by Act 2017, No. 397,§ 6, eff. 8/1/2017. Acts 1971, No. 706, § 10; A.S.A. 1947, § 72-424; Acts 1987, No. 354, § 7; 1999, No. 1553, § 11.

(a) The Arkansas State Board of Chiropractic Examiners shall issue licenses to all applicants who have been approved, paid all the required fees, and possess a valid certificate issued by the National Board of Chiropractic Examiners.

(b) (1) Each person receiving a license from the board, before practicing chiropractic, shall have the certificate recorded in the office of the county clerk of the county where he or she proposes to practice. (2) When the licensee moves to another county for the purpose of continuing the practice of chiropractic, he or she shall file for record, with the county clerk of the county to which he or she moves, a certified copy of his or her license. (3) The fee for each recording of each license shall be two dollars ($2.00). (4) Each licensee shall display conspicuously in his or her principal place of business or place of employment the license issued by the board. The annual renewal certificate shall be displayed in connection with the original license.

(1) Each person receiving a license from the board, before practicing chiropractic, shall have the certificate recorded in the office of the county clerk of the county where he or she proposes to practice.

(2) When the licensee moves to another county for the purpose of continuing the practice of chiropractic, he or she shall file for record, with the county clerk of the county to which he or she moves, a certified copy of his or her license.

(3) The fee for each recording of each license shall be two dollars ($2.00).

(4) Each licensee shall display conspicuously in his or her principal place of business or place of employment the license issued by the board. The annual renewal certificate shall be displayed in connection with the original license.

Amended by Act 2017, No. 397,§ 6, eff. 8/1/2017.

Acts 1971, No. 706, § 10; A.S.A. 1947, § 72-424; Acts 1987, No. 354, § 7; 1999, No. 1553, § 11.
Ark. Code Ann. § 17-33-308 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-308
Procedure for suspension or revocation
Status: in_force

(a) A license may be suspended or revoked pursuant to the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal may be had from the hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) Any member of the HVACR Licensing Board or a representative designated by the board shall have the authority to administer oaths for the taking of testimony. (d) One (1) year after the date of the revocation, an application may be made for a new license or registration. Acts 1991, No. 277, § 17; 1997, No. 344, § 3.

(a) A license may be suspended or revoked pursuant to the procedures of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) An appeal may be had from the hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Any member of the HVACR Licensing Board or a representative designated by the board shall have the authority to administer oaths for the taking of testimony.

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

Acts 1991, No. 277, § 17; 1997, No. 344, § 3.
Ark. Code Ann. § 17-82-401 — AR Code / Title 17 / Chapter 82 / Subchapter 4 / Section 17-82-401
Legislative intent
Status: in_force

The provisions of this subchapter are intended to be supplemental and in addition to subchapters 1-3 of this chapter and are intended to authorize the Arkansas State Board of Dental Examiners to issue permits to dental assistants who perform expanded duties as provided in this subchapter. Acts 1985, No. 473, § 1; A.S.A. 1947, § 72-571.

The provisions of this subchapter are intended to be supplemental and in addition to subchapters 1-3 of this chapter and are intended to authorize the Arkansas State Board of Dental Examiners to issue permits to dental assistants who perform expanded duties as provided in this subchapter.

Acts 1985, No. 473, § 1; A.S.A. 1947, § 72-571.
Ark. Code Ann. § 17-49-211 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-211
Suits against merchant and surety
Status: in_force

Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2) : (1) May join the itinerant merchant and the surety on his or her bond in the same action; or (2) May sue the surety without joining the itinerant merchant in the action if the itinerant merchant is deceased or if it is impossible to obtain jurisdiction of his or her person within the state where the cause of action arose. Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.

Any person having a cause of action against the itinerant merchant arising out of the matters described in § 17-49-210(a)(1) and (2) :

(1) May join the itinerant merchant and the surety on his or her bond in the same action; or

(2) May sue the surety without joining the itinerant merchant in the action if the itinerant merchant is deceased or if it is impossible to obtain jurisdiction of his or her person within the state where the cause of action arose.

Acts 1941, No. 138, § 6; A.S.A. 1947, § 84-2406.
Ark. Code Ann. § 17-82-608 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-608
Applicability
Status: in_force

An operator, dentist, or dental hygienist working or performing services at a mobile dental facility is subject to this chapter. Acts 2009, No. 414, § 1.

An operator, dentist, or dental hygienist working or performing services at a mobile dental facility is subject to this chapter.

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-47-308 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-308
Expiration and renewal
Status: in_force

(a) Certificates of registration shall expire on June 30 following their issuance and shall become invalid after that date unless renewed. (b) (1) It shall be the duty of the Arkansas Natural Resources Commission to notify every person registered under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal. (2) Notice shall be mailed to the registrant at his or her last known address at least one (1) month in advance of the expiration of the certificate. (c) Renewal may be effected at any time before or during the month of July by the payment of a fee established by the commission not to exceed the fees established for registration. (d) Renewal of an expired certificate may be effected under rules promulgated by the commission regarding requirements for reexamination and penalty fees. Amended by Act 2023, No. 691,§ 109, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 108, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 104, eff. 7/1/2019. Acts 1975, No. 460, § 13; A.S.A. 1947, § 71-2713.

(a) Certificates of registration shall expire on June 30 following their issuance and shall become invalid after that date unless renewed.

(b) (1) It shall be the duty of the Arkansas Natural Resources Commission to notify every person registered under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal. (2) Notice shall be mailed to the registrant at his or her last known address at least one (1) month in advance of the expiration of the certificate.

(1) It shall be the duty of the Arkansas Natural Resources Commission to notify every person registered under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for its renewal.

(2) Notice shall be mailed to the registrant at his or her last known address at least one (1) month in advance of the expiration of the certificate.

(c) Renewal may be effected at any time before or during the month of July by the payment of a fee established by the commission not to exceed the fees established for registration.

(d) Renewal of an expired certificate may be effected under rules promulgated by the commission regarding requirements for reexamination and penalty fees.

Amended by Act 2023, No. 691,§ 109, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 108, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 104, eff. 7/1/2019.

Acts 1975, No. 460, § 13; A.S.A. 1947, § 71-2713.
Ark. Code Ann. § 17-15-309 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-309
Revocation proceedings
Status: in_force

(a) (1) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant. (2) The charges shall be: (A) In writing; (B) Sworn to by the person making them; and (C) Filed with the Secretary of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers. (b) All charges deemed worthy of consideration by the board shall be heard by the board within three (3) months after the date upon which they are received by the secretary. (c) (1) The time and place for the hearing shall be fixed by the board. (2) A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on the registrant accused or shall be mailed to the registrant at his or her last known address at least thirty (30) days before the date fixed for the hearing. (3) At the hearing, the accused registrant shall have the right to: (A) Appear personally and by counsel; (B) Cross-examine witnesses appearing against him or her; and (C) Produce evidence and witnesses in his or her own defense. (d) If after the hearing four (4) or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration and license of the architect. Acts 1941, No. 270, § 10; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.

(a) (1) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant. (2) The charges shall be: (A) In writing; (B) Sworn to by the person making them; and (C) Filed with the Secretary of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(1) A person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant.

(2) The charges shall be: (A) In writing; (B) Sworn to by the person making them; and (C) Filed with the Secretary of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(A) In writing;

(B) Sworn to by the person making them; and

(C) Filed with the Secretary of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers.

(b) All charges deemed worthy of consideration by the board shall be heard by the board within three (3) months after the date upon which they are received by the secretary.

(c) (1) The time and place for the hearing shall be fixed by the board. (2) A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on the registrant accused or shall be mailed to the registrant at his or her last known address at least thirty (30) days before the date fixed for the hearing. (3) At the hearing, the accused registrant shall have the right to: (A) Appear personally and by counsel; (B) Cross-examine witnesses appearing against him or her; and (C) Produce evidence and witnesses in his or her own defense.

(1) The time and place for the hearing shall be fixed by the board.

(2) A copy of the charges, together with a notice of the time and place of hearing, shall be personally served on the registrant accused or shall be mailed to the registrant at his or her last known address at least thirty (30) days before the date fixed for the hearing.

(3) At the hearing, the accused registrant shall have the right to: (A) Appear personally and by counsel; (B) Cross-examine witnesses appearing against him or her; and (C) Produce evidence and witnesses in his or her own defense.

(A) Appear personally and by counsel;

(B) Cross-examine witnesses appearing against him or her; and

(C) Produce evidence and witnesses in his or her own defense.

(d) If after the hearing four (4) or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration and license of the architect.

Acts 1941, No. 270, § 10; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.
Ark. Code Ann. § 17-87-401 — AR Code / Title 17 / Chapter 87 / Subchapter 4 / Section 17-87-401
Nursing education programs
Status: in_force

(a) An institution desiring to conduct a nursing education program to prepare professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses shall apply to the Arkansas State Board of Nursing and submit evidence that: (1) It is prepared to carry out a program in professional nursing education, advanced practice nursing education, nurse practitioner nursing education, practical nursing education, or psychiatric technician nursing training, as the case may be; and (2) It is prepared to meet such standards as shall be established by this chapter and by the board. (b) (1) A survey of the institution and its entire nursing education program shall be made by an authorized representative of the board, who shall submit a written report of the survey to the board. (2) If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses. (c) (1) From time to time, as deemed necessary, it shall be the duty of the board, through its authorized representative, to survey its nursing education programs in the state. (2) Written reports of such surveys shall be submitted to the board. (3) If the board shall determine that any approved nursing education program under its supervision is not maintaining the standards required by the statutes and by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the institution conducting the program. (4) A program that fails within a reasonable time to correct these conditions to the satisfaction of the board shall be withdrawn after a hearing. Acts 1971, No. 432, § 15; A.S.A. 1947, § 72-759; Acts 1995, No. 409, § 18.

(a) An institution desiring to conduct a nursing education program to prepare professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses shall apply to the Arkansas State Board of Nursing and submit evidence that: (1) It is prepared to carry out a program in professional nursing education, advanced practice nursing education, nurse practitioner nursing education, practical nursing education, or psychiatric technician nursing training, as the case may be; and (2) It is prepared to meet such standards as shall be established by this chapter and by the board.

(1) It is prepared to carry out a program in professional nursing education, advanced practice nursing education, nurse practitioner nursing education, practical nursing education, or psychiatric technician nursing training, as the case may be; and

(2) It is prepared to meet such standards as shall be established by this chapter and by the board.

(b) (1) A survey of the institution and its entire nursing education program shall be made by an authorized representative of the board, who shall submit a written report of the survey to the board. (2) If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses.

(1) A survey of the institution and its entire nursing education program shall be made by an authorized representative of the board, who shall submit a written report of the survey to the board.

(2) If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses.

(c) (1) From time to time, as deemed necessary, it shall be the duty of the board, through its authorized representative, to survey its nursing education programs in the state. (2) Written reports of such surveys shall be submitted to the board. (3) If the board shall determine that any approved nursing education program under its supervision is not maintaining the standards required by the statutes and by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the institution conducting the program. (4) A program that fails within a reasonable time to correct these conditions to the satisfaction of the board shall be withdrawn after a hearing.

(1) From time to time, as deemed necessary, it shall be the duty of the board, through its authorized representative, to survey its nursing education programs in the state.

(2) Written reports of such surveys shall be submitted to the board.

(3) If the board shall determine that any approved nursing education program under its supervision is not maintaining the standards required by the statutes and by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the institution conducting the program.

(4) A program that fails within a reasonable time to correct these conditions to the satisfaction of the board shall be withdrawn after a hearing.

Acts 1971, No. 432, § 15; A.S.A. 1947, § 72-759; Acts 1995, No. 409, § 18.
Ark. Code Ann. § 17-17-101 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-101
Title
Status: in_force

This chapter shall be known and cited as the "Auctioneer's Licensing Act". Acts 1989, No. 266, § 2.

This chapter shall be known and cited as the "Auctioneer's Licensing Act".

Acts 1989, No. 266, § 2.
Ark. Code Ann. § 17-24-203 — AR Code / Title 17 / Chapter 24 / Subchapter 2 / Section 17-24-203
Rules
Status: in_force

(a) The State Board of Collection Agencies shall have the authority to promulgate rules to implement the provisions of this chapter which are not inconsistent herewith. (b) The board shall use, to the greatest extent possible, the interpretation and construction of the Fair Debt Collection Practices Act and any other applicable portions of the debt collection laws of the United States in interpreting and applying this chapter and the rules promulgated by the board. Amended by Act 2019, No. 315,§ 1376, eff. 7/24/2019. Acts 1965, No. 145, § 4; A.S.A. 1947, § 71-2004; Acts 1995, No. 288, § 1.

(a) The State Board of Collection Agencies shall have the authority to promulgate rules to implement the provisions of this chapter which are not inconsistent herewith.

(b) The board shall use, to the greatest extent possible, the interpretation and construction of the Fair Debt Collection Practices Act and any other applicable portions of the debt collection laws of the United States in interpreting and applying this chapter and the rules promulgated by the board.

Amended by Act 2019, No. 315,§ 1376, eff. 7/24/2019.

Acts 1965, No. 145, § 4; A.S.A. 1947, § 71-2004; Acts 1995, No. 288, § 1.
Ark. Code Ann. § 17-26-609 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-609
Temporary demonstration license
Status: in_force

(a) The Department of Health may issue a temporary demonstration license to an artist or establishment or to a supplier of materials for body art for: (1) Educational purposes where body art is performed; (2) Trade shows where body art is performed; (3) Demonstrations of body art products or procedures; and (4) An appearance as a guest artist. (b) A temporary demonstration license shall be valid for no more than fourteen (14) consecutive calendar days. (c) (1) The host of a body art event for an educational purpose, a trade show, a demonstration, or a combination of an educational purpose, a trade show, and a demonstration of body art procedures where body art is performed shall obtain the necessary permits to conduct business in the jurisdiction in which the event will be held, including without limitation a permit issued by the department. (2) The department shall collect a nonrefundable host fee of fifty dollars ($50.00) per artist who performs body art at an event, not to exceed two thousand dollars ($2,000) per event. (3) In addition to the penalties under § 17-26-602 , a host who violates this subsection is subject to closure of the temporary body art event and a penalty not to exceed three (3) times the cost of the permit. (d) The department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from a guest artist for a temporary demonstration license. (e) (1) An application for a temporary demonstration license shall be submitted to the department not less than forty-five (45) days before the event for educational purposes, trade show, or demonstration of body art products and procedures where body art is performed. (2) An application for a temporary demonstration license shall be submitted to the department not less than seven (7) days before the appearance of a guest artist. (3) An artist shall provide evidence of completion of United States Occupational Safety and Health Administration blood-borne pathogens training with the application. (f) (1) A person applying for a temporary demonstration license to appear as a guest artist shall provide documentation of licensure as an artist in another state or country or employment history in a studio licensed by the regulatory board or agency in another state or country before the temporary demonstration license may be granted. (2) The establishment where the guest artist is appearing shall have a licensed body artist on its staff. (3) A guest artist may be issued a temporary demonstration license to appear as a guest artist no more than one (1) time every three (3) months. (g) A fee levied and collected under this section is special revenue and shall be deposited into the State Treasury, to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department. Amended by Act 2023, No. 688,§ 16, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) The Department of Health may issue a temporary demonstration license to an artist or establishment or to a supplier of materials for body art for: (1) Educational purposes where body art is performed; (2) Trade shows where body art is performed; (3) Demonstrations of body art products or procedures; and (4) An appearance as a guest artist.

(1) Educational purposes where body art is performed;

(2) Trade shows where body art is performed;

(3) Demonstrations of body art products or procedures; and

(4) An appearance as a guest artist.

(b) A temporary demonstration license shall be valid for no more than fourteen (14) consecutive calendar days.

(c) (1) The host of a body art event for an educational purpose, a trade show, a demonstration, or a combination of an educational purpose, a trade show, and a demonstration of body art procedures where body art is performed shall obtain the necessary permits to conduct business in the jurisdiction in which the event will be held, including without limitation a permit issued by the department. (2) The department shall collect a nonrefundable host fee of fifty dollars ($50.00) per artist who performs body art at an event, not to exceed two thousand dollars ($2,000) per event. (3) In addition to the penalties under § 17-26-602 , a host who violates this subsection is subject to closure of the temporary body art event and a penalty not to exceed three (3) times the cost of the permit.

(1) The host of a body art event for an educational purpose, a trade show, a demonstration, or a combination of an educational purpose, a trade show, and a demonstration of body art procedures where body art is performed shall obtain the necessary permits to conduct business in the jurisdiction in which the event will be held, including without limitation a permit issued by the department.

(2) The department shall collect a nonrefundable host fee of fifty dollars ($50.00) per artist who performs body art at an event, not to exceed two thousand dollars ($2,000) per event.

(3) In addition to the penalties under § 17-26-602 , a host who violates this subsection is subject to closure of the temporary body art event and a penalty not to exceed three (3) times the cost of the permit.

(d) The department shall levy and collect a nonrefundable fee of fifty dollars ($50.00) from a guest artist for a temporary demonstration license.

(e) (1) An application for a temporary demonstration license shall be submitted to the department not less than forty-five (45) days before the event for educational purposes, trade show, or demonstration of body art products and procedures where body art is performed. (2) An application for a temporary demonstration license shall be submitted to the department not less than seven (7) days before the appearance of a guest artist. (3) An artist shall provide evidence of completion of United States Occupational Safety and Health Administration blood-borne pathogens training with the application.

(1) An application for a temporary demonstration license shall be submitted to the department not less than forty-five (45) days before the event for educational purposes, trade show, or demonstration of body art products and procedures where body art is performed.

(2) An application for a temporary demonstration license shall be submitted to the department not less than seven (7) days before the appearance of a guest artist.

(3) An artist shall provide evidence of completion of United States Occupational Safety and Health Administration blood-borne pathogens training with the application.

(f) (1) A person applying for a temporary demonstration license to appear as a guest artist shall provide documentation of licensure as an artist in another state or country or employment history in a studio licensed by the regulatory board or agency in another state or country before the temporary demonstration license may be granted. (2) The establishment where the guest artist is appearing shall have a licensed body artist on its staff. (3) A guest artist may be issued a temporary demonstration license to appear as a guest artist no more than one (1) time every three (3) months.

(1) A person applying for a temporary demonstration license to appear as a guest artist shall provide documentation of licensure as an artist in another state or country or employment history in a studio licensed by the regulatory board or agency in another state or country before the temporary demonstration license may be granted.

(2) The establishment where the guest artist is appearing shall have a licensed body artist on its staff.

(3) A guest artist may be issued a temporary demonstration license to appear as a guest artist no more than one (1) time every three (3) months.

(g) A fee levied and collected under this section is special revenue and shall be deposited into the State Treasury, to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department.

Amended by Act 2023, No. 688,§ 16, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-38-404 — AR Code / Title 17 / Chapter 38 / Subchapter 4 / Section 17-38-404
[Repealed]
Status: repealed

Repealed by Act 2021, No. 647,§ 17, eff. 7/28/2021. Acts 1987, No. 768, § 3; 1991, No. 412, § 4.

Repealed by Act 2021, No. 647,§ 17, eff. 7/28/2021.

Acts 1987, No. 768, § 3; 1991, No. 412, § 4.
Ark. Code Ann. § 17-90-105 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-105
Penalty - Injunction
Status: in_force

(a) (1) Any optometrist, physician, or surgeon or individual, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day the violation continues shall constitute a separate offense and be punishable as such. (b) (1) The violation of any provision of this chapter may be enjoined by the State Board of Optometry in the circuit courts of this state even though the violation may be punishable by fine, the intention of this chapter being to provide a speedy means of protecting the public which has not heretofore existed. (2) The board shall not be required to execute or give a bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state. Acts 1941, No. 94, §§ 13, 15; 1957, No. 102, § 6; A.S.A. 1947, §§ 72-816, 72-818; Acts 2005, No. 1994, § 87.

(a) (1) Any optometrist, physician, or surgeon or individual, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day the violation continues shall constitute a separate offense and be punishable as such.

(1) Any optometrist, physician, or surgeon or individual, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each day the violation continues shall constitute a separate offense and be punishable as such.

(b) (1) The violation of any provision of this chapter may be enjoined by the State Board of Optometry in the circuit courts of this state even though the violation may be punishable by fine, the intention of this chapter being to provide a speedy means of protecting the public which has not heretofore existed. (2) The board shall not be required to execute or give a bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.

(1) The violation of any provision of this chapter may be enjoined by the State Board of Optometry in the circuit courts of this state even though the violation may be punishable by fine, the intention of this chapter being to provide a speedy means of protecting the public which has not heretofore existed.

(2) The board shall not be required to execute or give a bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in any court of this state.

Acts 1941, No. 94, §§ 13, 15; 1957, No. 102, § 6; A.S.A. 1947, §§ 72-816, 72-818; Acts 2005, No. 1994, § 87.
Ark. Code Ann. § 17-90-103 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-103
Status of profession
Status: in_force

The practice of optometry is declared to be a learned profession, and the same rights, powers, and duties are declared to attach thereto as attach to other learned professions. Acts 1941, No. 94, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1.

The practice of optometry is declared to be a learned profession, and the same rights, powers, and duties are declared to attach thereto as attach to other learned professions.

Acts 1941, No. 94, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1.
Ark. Code Ann. § 17-82-105 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-105
Sales of dental services or appliances
Status: in_force

(a) Any person other than a licensed dentist who sells or delivers or offers to sell or deliver to the general public the services of construction, repair, reproduction, duplication, alteration, adjustment, cleaning, polishing, refinishing, or processing in any other manner of any artificial or prosthetic tooth or teeth, bridge, crown, denture, restoration, appliance, device, structure, or material or orthodontic appliance or material to be worn or used in the mouth is subject to the penalties and liabilities prescribed in § 17-82-301(b) and (c) . This section does not prohibit selling or delivering or offering to sell or deliver any of such articles to a licensed dentist. (b) Any licensed dentist who employs or engages the services of a dental laboratory or dental laboratory technician or any other person, firm, or corporation to perform any of the operations or to fabricate any of the appliances or devices referred to in subsection (a) of this section shall furnish that person, firm, or corporation with a written work authorization which shall contain: (1) The name and address of the person, firm, or corporation to which the work authorization is directed; (2) The patient's name or an identification number. If a number is used, the patient's name shall be written upon the duplicate copy of the work authorization retained by the dentist; (3) The date on which the work authorization was written; (4) A description of the work to be done, including diagrams, if necessary; (5) A specification of the type and quality of materials to be used; and (6) The signature of the dentist and the number of his or her license to practice dentistry. (c) The person, firm, or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization and the dentist shall retain a duplicate copy for a period of two (2) years. (d) Any licensed dentist shall be guilty of a Class A misdemeanor and the Arkansas State Board of Dental Examiners may revoke or suspend the license of that dentist if that dentist: (1) Employs or engages the services of any person, firm, or corporation to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing the person, firm, or corporation with a written work authorization; (2) Fails to retain a duplicate copy of the work authorization for two (2) years; or (3) Commits any violation of this section. (e) Any person, firm, or corporation shall be guilty of a Class A misdemeanor if that person, firm, or corporation: (1) Furnishes such services to any licensed dentist without first obtaining a written work authorization from the dentist; (2) Fails to retain the original work authorization for two (2) years; or (3) Commits any violation of this section. Acts 1955, No. 14, § 12; 1969, No. 91, § 3; A.S.A. 1947, § 72-545; Acts 2005, No. 1994, § 201.

(a) Any person other than a licensed dentist who sells or delivers or offers to sell or deliver to the general public the services of construction, repair, reproduction, duplication, alteration, adjustment, cleaning, polishing, refinishing, or processing in any other manner of any artificial or prosthetic tooth or teeth, bridge, crown, denture, restoration, appliance, device, structure, or material or orthodontic appliance or material to be worn or used in the mouth is subject to the penalties and liabilities prescribed in § 17-82-301(b) and (c) . This section does not prohibit selling or delivering or offering to sell or deliver any of such articles to a licensed dentist.

(b) Any licensed dentist who employs or engages the services of a dental laboratory or dental laboratory technician or any other person, firm, or corporation to perform any of the operations or to fabricate any of the appliances or devices referred to in subsection (a) of this section shall furnish that person, firm, or corporation with a written work authorization which shall contain: (1) The name and address of the person, firm, or corporation to which the work authorization is directed; (2) The patient's name or an identification number. If a number is used, the patient's name shall be written upon the duplicate copy of the work authorization retained by the dentist; (3) The date on which the work authorization was written; (4) A description of the work to be done, including diagrams, if necessary; (5) A specification of the type and quality of materials to be used; and (6) The signature of the dentist and the number of his or her license to practice dentistry.

(1) The name and address of the person, firm, or corporation to which the work authorization is directed;

(2) The patient's name or an identification number. If a number is used, the patient's name shall be written upon the duplicate copy of the work authorization retained by the dentist;

(3) The date on which the work authorization was written;

(4) A description of the work to be done, including diagrams, if necessary;

(5) A specification of the type and quality of materials to be used; and

(6) The signature of the dentist and the number of his or her license to practice dentistry.

(c) The person, firm, or corporation receiving a work authorization from a licensed dentist shall retain the original work authorization and the dentist shall retain a duplicate copy for a period of two (2) years.

(d) Any licensed dentist shall be guilty of a Class A misdemeanor and the Arkansas State Board of Dental Examiners may revoke or suspend the license of that dentist if that dentist: (1) Employs or engages the services of any person, firm, or corporation to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing the person, firm, or corporation with a written work authorization; (2) Fails to retain a duplicate copy of the work authorization for two (2) years; or (3) Commits any violation of this section.

(1) Employs or engages the services of any person, firm, or corporation to construct or repair, extraorally, prosthetic dentures, bridges, or other dental appliances without first providing the person, firm, or corporation with a written work authorization;

(2) Fails to retain a duplicate copy of the work authorization for two (2) years; or

(3) Commits any violation of this section.

(e) Any person, firm, or corporation shall be guilty of a Class A misdemeanor if that person, firm, or corporation: (1) Furnishes such services to any licensed dentist without first obtaining a written work authorization from the dentist; (2) Fails to retain the original work authorization for two (2) years; or (3) Commits any violation of this section.

(1) Furnishes such services to any licensed dentist without first obtaining a written work authorization from the dentist;

(2) Fails to retain the original work authorization for two (2) years; or

(3) Commits any violation of this section.

Acts 1955, No. 14, § 12; 1969, No. 91, § 3; A.S.A. 1947, § 72-545; Acts 2005, No. 1994, § 201.
Ark. Code Ann. § 17-37-105 — AR Code / Title 17 / Chapter 37 / Subchapter 1 / Section 17-37-105
Administration
Status: in_force

(a) (1) The State Plant Board is vested with the authority to carry out the provisions of this chapter, including the employment of necessary personnel. (2) (A) The board shall have the authority to adopt rules which shall have the full force and effect of law for the purpose of carrying into effect the provisions of this chapter. (B) The rules may include the authorization to require licensed operators to submit written monthly reports setting out the description and location of properties on which pest control service has been rendered and such other information relative thereto as the board shall deem necessary. (C) The rules may include minimum standards for pest control service work and shall include fees sufficient to pay the cost of carrying out the provisions of this chapter. (b) The board or its authorized representative may enter upon and inspect properties, plants, or products for the purpose of carrying out the provisions of this chapter and of carrying out the rules made pursuant to this chapter. Amended by Act 2019, No. 315,§ 1428, eff. 7/24/2019. Acts 1975, No. 488, § 3; A.S.A. 1947, § 77-1803.

(a) (1) The State Plant Board is vested with the authority to carry out the provisions of this chapter, including the employment of necessary personnel. (2) (A) The board shall have the authority to adopt rules which shall have the full force and effect of law for the purpose of carrying into effect the provisions of this chapter. (B) The rules may include the authorization to require licensed operators to submit written monthly reports setting out the description and location of properties on which pest control service has been rendered and such other information relative thereto as the board shall deem necessary. (C) The rules may include minimum standards for pest control service work and shall include fees sufficient to pay the cost of carrying out the provisions of this chapter.

(1) The State Plant Board is vested with the authority to carry out the provisions of this chapter, including the employment of necessary personnel.

(2) (A) The board shall have the authority to adopt rules which shall have the full force and effect of law for the purpose of carrying into effect the provisions of this chapter. (B) The rules may include the authorization to require licensed operators to submit written monthly reports setting out the description and location of properties on which pest control service has been rendered and such other information relative thereto as the board shall deem necessary. (C) The rules may include minimum standards for pest control service work and shall include fees sufficient to pay the cost of carrying out the provisions of this chapter.

(A) The board shall have the authority to adopt rules which shall have the full force and effect of law for the purpose of carrying into effect the provisions of this chapter.

(B) The rules may include the authorization to require licensed operators to submit written monthly reports setting out the description and location of properties on which pest control service has been rendered and such other information relative thereto as the board shall deem necessary.

(C) The rules may include minimum standards for pest control service work and shall include fees sufficient to pay the cost of carrying out the provisions of this chapter.

(b) The board or its authorized representative may enter upon and inspect properties, plants, or products for the purpose of carrying out the provisions of this chapter and of carrying out the rules made pursuant to this chapter.

Amended by Act 2019, No. 315,§ 1428, eff. 7/24/2019.

Acts 1975, No. 488, § 3; A.S.A. 1947, § 77-1803.
Ark. Code Ann. § 17-32-104 — AR Code / Title 17 / Chapter 32 / Subchapter 1 / Section 17-32-104
Legal and other assistance
Status: in_force

(a) The Attorney General or one of his or her assistants shall act as legal adviser to the State Board of Registration for Professional Geologists and render legal assistance needed to implement and enforce the provisions of this chapter and the rules of the board. (b) The board may employ additional counsel with approval of the Attorney General and any other necessary assistance to aid in the enforcement of this chapter and the rules of the board. (c) The board may pay reasonable expenses incurred by the board for the administration of this chapter. Amended by Act 2019, No. 315,§ 1403, eff. 7/24/2019. Acts 1987, No. 470, § 27; 1987, No. 701, § 28; 2005, No. 676, § 3.

(a) The Attorney General or one of his or her assistants shall act as legal adviser to the State Board of Registration for Professional Geologists and render legal assistance needed to implement and enforce the provisions of this chapter and the rules of the board.

(b) The board may employ additional counsel with approval of the Attorney General and any other necessary assistance to aid in the enforcement of this chapter and the rules of the board.

(c) The board may pay reasonable expenses incurred by the board for the administration of this chapter.

Amended by Act 2019, No. 315,§ 1403, eff. 7/24/2019.

Acts 1987, No. 470, § 27; 1987, No. 701, § 28; 2005, No. 676, § 3.
Ark. Code Ann. § 17-48-105 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-105
Seal and signature required
Status: in_force

(a) Each licensed professional surveyor shall: (1) Procure a personal seal, in form approved by the State Board of Licensure for Professional Engineers and Professional Surveyors; and (2) Affix his or her signature and the seal upon all maps, plats, surveys, or other documents before the delivery thereof to any client or before offering to file a record of any such map, plat, survey, or other document in the office of the recorder of deeds of any county or with any proper public authority. (b) A map, plat, survey, or other document within the definition of land surveying that does not have impressed thereon and affixed thereto the personal signature and seal of a licensed professional surveyor by whom the map, plat, survey, or other document was prepared shall not be presented for filing or recording. Amended by Act 2023, No. 277,§ 4, eff. 8/1/2023. Acts 1967, No. 101, §§ 10, 11; A.S.A. 1947, §§ 71-2309, 71-2310; Acts 2005, No. 1178, § 9; 2009, No. 444, § 6.

(a) Each licensed professional surveyor shall: (1) Procure a personal seal, in form approved by the State Board of Licensure for Professional Engineers and Professional Surveyors; and (2) Affix his or her signature and the seal upon all maps, plats, surveys, or other documents before the delivery thereof to any client or before offering to file a record of any such map, plat, survey, or other document in the office of the recorder of deeds of any county or with any proper public authority.

(1) Procure a personal seal, in form approved by the State Board of Licensure for Professional Engineers and Professional Surveyors; and

(2) Affix his or her signature and the seal upon all maps, plats, surveys, or other documents before the delivery thereof to any client or before offering to file a record of any such map, plat, survey, or other document in the office of the recorder of deeds of any county or with any proper public authority.

(b) A map, plat, survey, or other document within the definition of land surveying that does not have impressed thereon and affixed thereto the personal signature and seal of a licensed professional surveyor by whom the map, plat, survey, or other document was prepared shall not be presented for filing or recording.

Amended by Act 2023, No. 277,§ 4, eff. 8/1/2023.

Acts 1967, No. 101, §§ 10, 11; A.S.A. 1947, §§ 71-2309, 71-2310; Acts 2005, No. 1178, § 9; 2009, No. 444, § 6.
Ark. Code Ann. § 17-105-109 — AR Code / Title 17 / Chapter 105 / Section 17-105-109
Supervision
Status: in_force

(a) Supervision of physician assistants shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place that the services are rendered. (b) It is the obligation of each team of physicians and physician assistants to ensure that: (1) The physician assistant's scope of practice is identified; (2) The delegation of medical task is appropriate to the physician assistant's level of competence; (3) The relationship and access to the supervising physician is defined; and (4) A process of evaluation of the physician assistant's performance is established. (c) The physician assistant and supervising physician may designate back-up physicians who are agreeable to supervise the physician assistant during the absence of the supervising physician. Acts 1999, No. 851, § 9.

(a) Supervision of physician assistants shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place that the services are rendered.

(b) It is the obligation of each team of physicians and physician assistants to ensure that: (1) The physician assistant's scope of practice is identified; (2) The delegation of medical task is appropriate to the physician assistant's level of competence; (3) The relationship and access to the supervising physician is defined; and (4) A process of evaluation of the physician assistant's performance is established.

(1) The physician assistant's scope of practice is identified;

(2) The delegation of medical task is appropriate to the physician assistant's level of competence;

(3) The relationship and access to the supervising physician is defined; and

(4) A process of evaluation of the physician assistant's performance is established.

(c) The physician assistant and supervising physician may designate back-up physicians who are agreeable to supervise the physician assistant during the absence of the supervising physician.

Acts 1999, No. 851, § 9.
Ark. Code Ann. § 17-26-702 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-702
[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. § 17-104-307 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-307
Scope
Status: in_force

This chapter does not apply to: (1) A person licensed by another health professional licensing board if: (A) The person does not represent to the public, directly or indirectly, that the person is licensed under this chapter; and (B) The person confines the person's acts or practice to the scope of practice authorized by the other health professional licensing law; (2) A student enrolled in an accredited perfusion education program if perfusion services performed by the student are: (A) An integral part of the student's course of study; and (B) Performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area; and (3) The practice of any qualified perfusionist employed by the United States Government while in the discharge of official duties. Acts 1999, No. 888, § 14.

This chapter does not apply to:

(1) A person licensed by another health professional licensing board if: (A) The person does not represent to the public, directly or indirectly, that the person is licensed under this chapter; and (B) The person confines the person's acts or practice to the scope of practice authorized by the other health professional licensing law;

(A) The person does not represent to the public, directly or indirectly, that the person is licensed under this chapter; and

(B) The person confines the person's acts or practice to the scope of practice authorized by the other health professional licensing law;

(2) A student enrolled in an accredited perfusion education program if perfusion services performed by the student are: (A) An integral part of the student's course of study; and (B) Performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area; and

(A) An integral part of the student's course of study; and

(B) Performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area; and

(3) The practice of any qualified perfusionist employed by the United States Government while in the discharge of official duties.

Acts 1999, No. 888, § 14.
Ark. Code Ann. § 17-20-201 — AR Code / Title 17 / Chapter 20 / Subchapter 2 / Section 17-20-201
Creation - Members
Status: in_force

(a) (1) There is created a State Board of Barber Examiners, consisting of the Secretary of the Department of Labor and Licensing, or his or her designee, who shall be an ex officio member of the board, and five (5) members to be appointed by the Governor for a term of six (6) years. (2) Three (3) of the members so appointed shall be practicing barbers who have followed the occupation of barbering in this state for at least five (5) years immediately before their appointment. (3) (A) One (1) member shall be a public member to represent the consumer, and one (1) member shall represent persons sixty-five (65) years of age and older. (B) The two (2) members appointed under subdivision (a)(3)(A) of this section shall be full voting members but shall not: (i) Be actively engaged in or retired from the barbering profession; (ii) Be held by the same person; or (iii) Participate in the grading of practical examinations. (b) (1) Each member shall hold office until a successor is appointed and qualified. (2) The Governor shall have the power to remove any member for gross incompetency, gross immorality, disability, any abuse of his or her official power, or other good cause and shall fill any vacancy thus occasioned by appointment within thirty (30) days after the vacancy occurs. (3) Members appointed to fill vacancies caused by death, resignation, or removal shall serve only for the unexpired term of their predecessors. (c) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 465,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5410, eff. 7/1/2019. Amended by Act 2017, No. 1060,§ 5, eff. 8/1/2017. Acts 1937, No. 313, §§ 15, 19; Pope's Dig., §§ 12083, 12087; Acts 1947, No. 125, § 3; 1951, No. 127, § 8; 1957, No. 278, § 2; 1961, No. 207, § 1; 1963, No. 102, § 1; 1967, No. 240, § 1; 1971, No. 126, § 1; 1975, No. 538, § 5; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 133, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-515, 71-519; Acts 1989, No. 388, § 2; 1997, No. 250, § 127.

(a) (1) There is created a State Board of Barber Examiners, consisting of the Secretary of the Department of Labor and Licensing, or his or her designee, who shall be an ex officio member of the board, and five (5) members to be appointed by the Governor for a term of six (6) years. (2) Three (3) of the members so appointed shall be practicing barbers who have followed the occupation of barbering in this state for at least five (5) years immediately before their appointment. (3) (A) One (1) member shall be a public member to represent the consumer, and one (1) member shall represent persons sixty-five (65) years of age and older. (B) The two (2) members appointed under subdivision (a)(3)(A) of this section shall be full voting members but shall not: (i) Be actively engaged in or retired from the barbering profession; (ii) Be held by the same person; or (iii) Participate in the grading of practical examinations.

(1) There is created a State Board of Barber Examiners, consisting of the Secretary of the Department of Labor and Licensing, or his or her designee, who shall be an ex officio member of the board, and five (5) members to be appointed by the Governor for a term of six (6) years.

(2) Three (3) of the members so appointed shall be practicing barbers who have followed the occupation of barbering in this state for at least five (5) years immediately before their appointment.

(3) (A) One (1) member shall be a public member to represent the consumer, and one (1) member shall represent persons sixty-five (65) years of age and older. (B) The two (2) members appointed under subdivision (a)(3)(A) of this section shall be full voting members but shall not: (i) Be actively engaged in or retired from the barbering profession; (ii) Be held by the same person; or (iii) Participate in the grading of practical examinations.

(A) One (1) member shall be a public member to represent the consumer, and one (1) member shall represent persons sixty-five (65) years of age and older.

(B) The two (2) members appointed under subdivision (a)(3)(A) of this section shall be full voting members but shall not: (i) Be actively engaged in or retired from the barbering profession; (ii) Be held by the same person; or (iii) Participate in the grading of practical examinations.

(i) Be actively engaged in or retired from the barbering profession;

(ii) Be held by the same person; or

(iii) Participate in the grading of practical examinations.

(b) (1) Each member shall hold office until a successor is appointed and qualified. (2) The Governor shall have the power to remove any member for gross incompetency, gross immorality, disability, any abuse of his or her official power, or other good cause and shall fill any vacancy thus occasioned by appointment within thirty (30) days after the vacancy occurs. (3) Members appointed to fill vacancies caused by death, resignation, or removal shall serve only for the unexpired term of their predecessors.

(1) Each member shall hold office until a successor is appointed and qualified.

(2) The Governor shall have the power to remove any member for gross incompetency, gross immorality, disability, any abuse of his or her official power, or other good cause and shall fill any vacancy thus occasioned by appointment within thirty (30) days after the vacancy occurs.

(3) Members appointed to fill vacancies caused by death, resignation, or removal shall serve only for the unexpired term of their predecessors.

(c) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 465,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5410, eff. 7/1/2019.

Amended by Act 2017, No. 1060,§ 5, eff. 8/1/2017.

Acts 1937, No. 313, §§ 15, 19; Pope's Dig., §§ 12083, 12087; Acts 1947, No. 125, § 3; 1951, No. 127, § 8; 1957, No. 278, § 2; 1961, No. 207, § 1; 1963, No. 102, § 1; 1967, No. 240, § 1; 1971, No. 126, § 1; 1975, No. 538, § 5; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 133, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-515, 71-519; Acts 1989, No. 388, § 2; 1997, No. 250, § 127.
Ark. Code Ann. § 17-102-301 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-301
License required
Status: in_force

In order to safeguard life and health, any person practicing acupuncture and related techniques in the state for compensation or gratuitously shall be required to submit evidence that he or she is qualified to practice and licensed as provided in this chapter. Acts 1997, No. 816, § 14.

In order to safeguard life and health, any person practicing acupuncture and related techniques in the state for compensation or gratuitously shall be required to submit evidence that he or she is qualified to practice and licensed as provided in this chapter.

Acts 1997, No. 816, § 14.
Ark. Code Ann. § 17-80-114 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-114
Scope of practice - Complaints - Definition
Status: in_force

(a) As used in this section, "healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease. (b) A board of the healing arts shall not take disciplinary action at the board level against a licensee of another board of the healing arts except as provided in subsections (c) and (d) of this section. (c) (1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts. (2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board. (3) A board of the healing arts receiving a complaint from another board of the healing arts shall: (A) Investigate the complaint; (B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and (C) Communicate the final disposition of the complaint to: (i) The licensee who is the subject of the complaint; and (ii) The board of the healing arts that filed the complaint. (d) (1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of the board of the healing arts that received the complaint shall be dispositive unless the findings, inferences, conclusions, or decisions of the board of the healing arts that received the complaint are: (A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the board of healing arts that received the complaint; (C) Made upon unlawful procedure; (D) Affected by other error or law; (E) Not supported by substantial evidence of record; or (F) Arbitrary, capricious, or characterized by abuse of discretion. (2) This subsection (d) applies to judicial review under § 25-15-212 of action taken by the board of the healing arts that filed the complaint. Amended by Act 2017, No. 252,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 9, eff. 8/1/2017. Acts 2003, No. 341, § 1; 2007, No. 72, § 1.

(a) As used in this section, "healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease.

(b) A board of the healing arts shall not take disciplinary action at the board level against a licensee of another board of the healing arts except as provided in subsections (c) and (d) of this section.

(c) (1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts. (2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board. (3) A board of the healing arts receiving a complaint from another board of the healing arts shall: (A) Investigate the complaint; (B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and (C) Communicate the final disposition of the complaint to: (i) The licensee who is the subject of the complaint; and (ii) The board of the healing arts that filed the complaint.

(1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts.

(2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board.

(3) A board of the healing arts receiving a complaint from another board of the healing arts shall: (A) Investigate the complaint; (B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and (C) Communicate the final disposition of the complaint to: (i) The licensee who is the subject of the complaint; and (ii) The board of the healing arts that filed the complaint.

(A) Investigate the complaint;

(B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and

(C) Communicate the final disposition of the complaint to: (i) The licensee who is the subject of the complaint; and (ii) The board of the healing arts that filed the complaint.

(i) The licensee who is the subject of the complaint; and

(ii) The board of the healing arts that filed the complaint.

(d) (1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of the board of the healing arts that received the complaint shall be dispositive unless the findings, inferences, conclusions, or decisions of the board of the healing arts that received the complaint are: (A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the board of healing arts that received the complaint; (C) Made upon unlawful procedure; (D) Affected by other error or law; (E) Not supported by substantial evidence of record; or (F) Arbitrary, capricious, or characterized by abuse of discretion. (2) This subsection (d) applies to judicial review under § 25-15-212 of action taken by the board of the healing arts that filed the complaint.

(1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of the board of the healing arts that received the complaint shall be dispositive unless the findings, inferences, conclusions, or decisions of the board of the healing arts that received the complaint are: (A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the board of healing arts that received the complaint; (C) Made upon unlawful procedure; (D) Affected by other error or law; (E) Not supported by substantial evidence of record; or (F) Arbitrary, capricious, or characterized by abuse of discretion.

(A) In violation of constitutional or statutory provisions;

(B) In excess of the statutory authority of the board of healing arts that received the complaint;

(C) Made upon unlawful procedure;

(D) Affected by other error or law;

(E) Not supported by substantial evidence of record; or

(F) Arbitrary, capricious, or characterized by abuse of discretion.

(2) This subsection (d) applies to judicial review under § 25-15-212 of action taken by the board of the healing arts that filed the complaint.

Amended by Act 2017, No. 252,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 252,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 252,§ 9, eff. 8/1/2017.

Acts 2003, No. 341, § 1; 2007, No. 72, § 1.
Ark. Code Ann. § 17-101-311 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-311
Civil penalty - Appeals and disposition of funds
Status: in_force

(a) (1) Whenever the Arkansas Livestock and Poultry Commission determines that any provision of this chapter or any rule promulgated by the commission under this chapter has been violated, the commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. (2) The commission may file an action in the Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty, unless the circuit court enters a stay of the commission's order. (3) If the commission prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the commission in prosecuting the action in addition to the civil penalty. (b) Any person aggrieved by the action of the commission imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions. (c) All funds derived from civil penalties imposed by the commission shall be deposited into one (1) or more depositories qualifying for the deposit of public funds. The funds shall be used by the commission for administering the provisions of this chapter. Amended by Act 2023, No. 691,§ 168, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1665, eff. 7/24/2019. Acts 1987, No. 774, §§ 2-4; 1993, No. 1198, § 1; 1995, No. 1348, § 6.

(a) (1) Whenever the Arkansas Livestock and Poultry Commission determines that any provision of this chapter or any rule promulgated by the commission under this chapter has been violated, the commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. (2) The commission may file an action in the Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty, unless the circuit court enters a stay of the commission's order. (3) If the commission prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the commission in prosecuting the action in addition to the civil penalty.

(1) Whenever the Arkansas Livestock and Poultry Commission determines that any provision of this chapter or any rule promulgated by the commission under this chapter has been violated, the commission may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation.

(2) The commission may file an action in the Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty, unless the circuit court enters a stay of the commission's order.

(3) If the commission prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the commission in prosecuting the action in addition to the civil penalty.

(b) Any person aggrieved by the action of the commission imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.

(c) All funds derived from civil penalties imposed by the commission shall be deposited into one (1) or more depositories qualifying for the deposit of public funds. The funds shall be used by the commission for administering the provisions of this chapter.

Amended by Act 2023, No. 691,§ 168, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1665, eff. 7/24/2019.

Acts 1987, No. 774, §§ 2-4; 1993, No. 1198, § 1; 1995, No. 1348, § 6.
Ark. Code Ann. § 17-12-603 — AR Code / Title 17 / Chapter 12 / Subchapter 6 / Section 17-12-603
Procedure
Status: in_force

(a) Commencement of Proceeding. The Arkansas State Board of Public Accountancy may initiate proceedings under this chapter either on its own motion or on the complaint of any person. (b) Notice-Service and Contents. A written notice stating the nature of the charges against the accused and the time and place of the hearing before the board on the charges shall be served on the accused not less than thirty (30) days before the date of the hearing either personally or by mailing a copy by certified mail with return receipt to the address of the accused last known to the board. (c) Failure to Appear. If, after having been served with the notice of hearing, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him or her and may enter any order as shall be justified by the evidence, which order shall be final unless he or she petitions for a review thereof as provided herein. However, within thirty (30) days from the date of any order, upon a showing of good cause for failure to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf. (d) Rights of Accused. At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on his or her own behalf, cross-examine witnesses, and examine such evidence as may be produced against him or her. A corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused shall be entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses on his or her behalf. (e) Subpoenas-Oaths. The board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs, and receive exhibits in evidence in connection with or upon hearing under this chapter. In case of disobedience to a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence. (f) Evidence. The board shall not be bound by technical rules of evidence. (g) Record. A stenographic record of the hearings shall be kept, and a transcript filed with the board. (h) Attorney for the Board. At all hearings, the board's legal counsel shall appear and represent the board. (i) Decision. The decision of the board shall be by majority vote. (j) Judicial Review. Anyone adversely affected by any order of the board shall be entitled to pursue all rights and remedies available under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2017, No. 277,§ 3, eff. 8/1/2017. Acts 1975, No. 160, § 14; 1979, No. 432, § 7; A.S.A. 1947, § 71-624.

(a) Commencement of Proceeding. The Arkansas State Board of Public Accountancy may initiate proceedings under this chapter either on its own motion or on the complaint of any person.

(b) Notice-Service and Contents. A written notice stating the nature of the charges against the accused and the time and place of the hearing before the board on the charges shall be served on the accused not less than thirty (30) days before the date of the hearing either personally or by mailing a copy by certified mail with return receipt to the address of the accused last known to the board.

(c) Failure to Appear. If, after having been served with the notice of hearing, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him or her and may enter any order as shall be justified by the evidence, which order shall be final unless he or she petitions for a review thereof as provided herein. However, within thirty (30) days from the date of any order, upon a showing of good cause for failure to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.

(d) Rights of Accused. At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on his or her own behalf, cross-examine witnesses, and examine such evidence as may be produced against him or her. A corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused shall be entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses on his or her behalf.

(e) Subpoenas-Oaths. The board or any member thereof may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony, hear proofs, and receive exhibits in evidence in connection with or upon hearing under this chapter. In case of disobedience to a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(f) Evidence. The board shall not be bound by technical rules of evidence.

(g) Record. A stenographic record of the hearings shall be kept, and a transcript filed with the board.

(h) Attorney for the Board. At all hearings, the board's legal counsel shall appear and represent the board.

(i) Decision. The decision of the board shall be by majority vote.

(j) Judicial Review. Anyone adversely affected by any order of the board shall be entitled to pursue all rights and remedies available under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2017, No. 277,§ 3, eff. 8/1/2017.

Acts 1975, No. 160, § 14; 1979, No. 432, § 7; A.S.A. 1947, § 71-624.
Ark. Code Ann. § 17-104-201 — AR Code / Title 17 / Chapter 104 / Subchapter 2 / Section 17-104-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017. Acts 1999, No. 888, § 3; 2001, No. 1650, § 9.

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017.

Acts 1999, No. 888, § 3; 2001, No. 1650, § 9.
Ark. Code Ann. § 17-24-511 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-511
Furnishing certain deceptive forms
Status: in_force

(a) It is unlawful to design, compile, and furnish a form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owes the creditor, when in fact the person is not participating in collecting or attempting to collect the debt. (b) A person who violates this section is liable to the same extent and in the same manner as a debt collector is liable under § 17-24-512 for failure to comply with this subchapter. Acts 2009, No. 1455, § 1.

(a) It is unlawful to design, compile, and furnish a form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owes the creditor, when in fact the person is not participating in collecting or attempting to collect the debt.

(b) A person who violates this section is liable to the same extent and in the same manner as a debt collector is liable under § 17-24-512 for failure to comply with this subchapter.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-39-306 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-306
Grounds for denying, suspending, or revoking licenses
Status: in_force

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a license of a certified voice stress analysis examiner on one (1) or more of the following grounds: (1) Failure of a certified voice stress analysis examiner before conducting a voice stress analysis examination to inform a subject to be examined of the nature of the voice stress analysis examination; (2) Failure of a certified voice stress analysis examiner before conducting a voice stress analysis examination to inform a subject to be examined that the subject's participation in the voice stress analysis examination is voluntary; (3) Failure of a certified voice stress analysis examiner to inform the subject of a voice stress analysis examination of the results of the examination, if so requested; (4) Failure to meet the qualifications for licensure under this subchapter; (5) Material misstatement in the application for licensure under this subchapter; (6) Failure by an applicant for licensure as a certified voice stress analysis examiner or by a licensed certified voice stress analysis examiner to demonstrate the ability to act as a certified voice stress analysis examiner; (7) Allowance of another person by a licensed certified voice stress analysis examiner to use the license or the license photo identification card issued under this subchapter; (8) An applicant's or a licensed certified voice stress analysis examiner's knowing disregard or violation of this subchapter or of any rule issued under this subchapter, including without limitation knowingly making a false report concerning the results of a voice stress analysis examination; (9) An applicant's or a licensed certified voice stress analysis examiner's knowingly aiding or abetting another person in the violation of this subchapter or a rule issued under this subchapter; (10) Failure by an applicant for licensure as a certified voice stress analysis examiner or by a licensed certified voice stress analysis examiner to provide within a reasonable time information requested by the director as the result of a formal complaint that may indicate a violation of this subchapter or a rule issued under this subchapter; (11) Arrest or indictment of an applicant for licensure as a certified voice stress analysis examiner or of a licensed certified voice stress analysis examiner for a felony, Class A misdemeanor, crime involving an act of violence, a crime involving moral turpitude, or an offense of comparable level if the offense occurred in another state; or (12) Failure of a certified voice stress analysis examiner to discuss how the results of the voice stress analysis exam will be used with the subject of the voice stress analysis exam. Amended by Act 2021, No. 936,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5953, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 31, eff. 9/1/2015. Amended by Act 2013, No. 1472,§ 4, eff. 8/16/2013. Acts 1987, No. 858, § 7.

The Director of the Division of Arkansas State Police may deny, suspend, or revoke a license of a certified voice stress analysis examiner on one (1) or more of the following grounds:

(1) Failure of a certified voice stress analysis examiner before conducting a voice stress analysis examination to inform a subject to be examined of the nature of the voice stress analysis examination;

(2) Failure of a certified voice stress analysis examiner before conducting a voice stress analysis examination to inform a subject to be examined that the subject's participation in the voice stress analysis examination is voluntary;

(3) Failure of a certified voice stress analysis examiner to inform the subject of a voice stress analysis examination of the results of the examination, if so requested;

(4) Failure to meet the qualifications for licensure under this subchapter;

(5) Material misstatement in the application for licensure under this subchapter;

(6) Failure by an applicant for licensure as a certified voice stress analysis examiner or by a licensed certified voice stress analysis examiner to demonstrate the ability to act as a certified voice stress analysis examiner;

(7) Allowance of another person by a licensed certified voice stress analysis examiner to use the license or the license photo identification card issued under this subchapter;

(8) An applicant's or a licensed certified voice stress analysis examiner's knowing disregard or violation of this subchapter or of any rule issued under this subchapter, including without limitation knowingly making a false report concerning the results of a voice stress analysis examination;

(9) An applicant's or a licensed certified voice stress analysis examiner's knowingly aiding or abetting another person in the violation of this subchapter or a rule issued under this subchapter;

(10) Failure by an applicant for licensure as a certified voice stress analysis examiner or by a licensed certified voice stress analysis examiner to provide within a reasonable time information requested by the director as the result of a formal complaint that may indicate a violation of this subchapter or a rule issued under this subchapter;

(11) Arrest or indictment of an applicant for licensure as a certified voice stress analysis examiner or of a licensed certified voice stress analysis examiner for a felony, Class A misdemeanor, crime involving an act of violence, a crime involving moral turpitude, or an offense of comparable level if the offense occurred in another state; or

(12) Failure of a certified voice stress analysis examiner to discuss how the results of the voice stress analysis exam will be used with the subject of the voice stress analysis exam.

Amended by Act 2021, No. 936,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5953, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 31, eff. 9/1/2015.

Amended by Act 2013, No. 1472,§ 4, eff. 8/16/2013.

Acts 1987, No. 858, § 7.
Ark. Code Ann. § 17-55-104 — AR Code / Title 17 / Chapter 55 / Section 17-55-104
Disposition of funds
Status: in_force

All funds received by the Board of Electrical Examiners of the State of Arkansas under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties as set out in this chapter, § 17-28-101 et seq., and the Arkansas Electrical Code Authority Act, § 20-31-101 et seq., and to defray the costs of the maintenance, operation, and improvements required by the department in carrying out the functions, powers, and duties otherwise imposed by law on the Secretary of the Department of Labor and Licensing. Amended by Act 2019, No. 910,§ 5444, eff. 7/1/2019. Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.

All funds received by the Board of Electrical Examiners of the State of Arkansas under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties as set out in this chapter, § 17-28-101 et seq., and the Arkansas Electrical Code Authority Act, § 20-31-101 et seq., and to defray the costs of the maintenance, operation, and improvements required by the department in carrying out the functions, powers, and duties otherwise imposed by law on the Secretary of the Department of Labor and Licensing.

Amended by Act 2019, No. 910,§ 5444, eff. 7/1/2019.

Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 17-39-104 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-104
Injunction
Status: in_force

(a) If a person violates this subchapter or subchapter 2, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in any circuit court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter or subchapter 2. (b) (1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter or subchapter 2, may issue a temporary injunction, without notice or bond, enjoining the continued violation. (2) If it is established that the person has violated this subchapter or subchapter 2, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter and subchapter 2. (c) In case of violation of any order or decree issued under the provisions of this section, the court may try and punish the offender for contempt of court. (d) Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this subchapter and subchapter 2. Amended by Act 2019, No. 910,§ 5931, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 5, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 4, eff. 8/16/2013. Acts 1967, No. 413, § 24; A.S.A. 1947, § 71-2223.

(a) If a person violates this subchapter or subchapter 2, the Director of the Division of Arkansas State Police, through the Attorney General, may apply in any circuit court of competent jurisdiction for an order enjoining the violation or for an order enforcing compliance with this subchapter or subchapter 2.

(b) (1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter or subchapter 2, may issue a temporary injunction, without notice or bond, enjoining the continued violation. (2) If it is established that the person has violated this subchapter or subchapter 2, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter and subchapter 2.

(1) Upon the filing of a verified petition in the court, the court, if satisfied by affidavit or otherwise that the person has violated this subchapter or subchapter 2, may issue a temporary injunction, without notice or bond, enjoining the continued violation.

(2) If it is established that the person has violated this subchapter or subchapter 2, the court may enter a decree perpetually enjoining the violation or enforcing compliance with this subchapter and subchapter 2.

(c) In case of violation of any order or decree issued under the provisions of this section, the court may try and punish the offender for contempt of court.

(d) Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this subchapter and subchapter 2.

Amended by Act 2019, No. 910,§ 5931, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 5, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 4, eff. 8/16/2013.

Acts 1967, No. 413, § 24; A.S.A. 1947, § 71-2223.
Ark. Code Ann. § 17-105-110 — AR Code / Title 17 / Chapter 105 / Section 17-105-110
Supervising physician
Status: in_force

A physician desiring to supervise a physician assistant must: (1) Be licensed in this state; and (2) (A) Enter into and maintain a written agreement with the physician assistant. (B) The agreement shall state that the physician shall: (i) Exercise supervision over the physician assistant in accordance with this section and rules adopted by the Arkansas State Medical Board; and (ii) Retain professional and legal responsibility for the care provided by the physician assistant. (C) The agreement shall be signed by the physician and the physician assistant and updated annually. Amended by Act 2021, No. 634,§ 11, eff. 7/28/2021. Acts 1999, No. 851, § 10.

A physician desiring to supervise a physician assistant must:

(1) Be licensed in this state; and

(2) (A) Enter into and maintain a written agreement with the physician assistant. (B) The agreement shall state that the physician shall: (i) Exercise supervision over the physician assistant in accordance with this section and rules adopted by the Arkansas State Medical Board; and (ii) Retain professional and legal responsibility for the care provided by the physician assistant. (C) The agreement shall be signed by the physician and the physician assistant and updated annually.

(A) Enter into and maintain a written agreement with the physician assistant.

(B) The agreement shall state that the physician shall: (i) Exercise supervision over the physician assistant in accordance with this section and rules adopted by the Arkansas State Medical Board; and (ii) Retain professional and legal responsibility for the care provided by the physician assistant.

(i) Exercise supervision over the physician assistant in accordance with this section and rules adopted by the Arkansas State Medical Board; and

(ii) Retain professional and legal responsibility for the care provided by the physician assistant.

(C) The agreement shall be signed by the physician and the physician assistant and updated annually.

Amended by Act 2021, No. 634,§ 11, eff. 7/28/2021.

Acts 1999, No. 851, § 10.
Ark. Code Ann. § 17-96-202 — AR Code / Title 17 / Chapter 96 / Subchapter 2 / Section 17-96-202
Organization and proceedings
Status: in_force

(a) (1) The Arkansas Board of Podiatric Medicine shall choose one (1) of its members as president and one (1) as secretary-treasurer at each annual meeting to be held in June. (2) The board may meet more often if necessary in the discretion of the board at such times and places as it may deem proper for the examination of applicants who may wish to practice in this state and for the transaction of any other business that may come before it. (3) (A) The board shall make and adopt all necessary rules and bylaws necessary or convenient to perform its duties and to transact business as required by law. (B) The rules adopted under subdivision (a)(3)(A) of this section shall authorize the delegation of certain medical practices to persons other than podiatrists. (b) The Secretary-treasurer of the Arkansas Board of Podiatric Medicine shall execute to the board a bond with approved security for the faithful performance of his or her duty. (c) (1) The board shall keep a record book in which shall be registered the names, addresses, and license numbers of all persons legally entitled to practice in the State of Arkansas. (2) Proceedings of the board shall be recorded in a minute book to be open at all reasonable times to public inspection. (d) Three (3) members of the board of which two (2) shall be podiatrists shall constitute a quorum for the transaction of business. Amended by Act 2019, No. 315,§ 1631, eff. 7/24/2019. Acts 1923, No. 610, § 3; Pope's Dig., §§ 10847, 12112; Acts 1983, No. 429, § 3; A.S.A. 1947, § 72-303; Acts 1997, No. 966, § 5; 2009, No. 472, § 3.

(a) (1) The Arkansas Board of Podiatric Medicine shall choose one (1) of its members as president and one (1) as secretary-treasurer at each annual meeting to be held in June. (2) The board may meet more often if necessary in the discretion of the board at such times and places as it may deem proper for the examination of applicants who may wish to practice in this state and for the transaction of any other business that may come before it. (3) (A) The board shall make and adopt all necessary rules and bylaws necessary or convenient to perform its duties and to transact business as required by law. (B) The rules adopted under subdivision (a)(3)(A) of this section shall authorize the delegation of certain medical practices to persons other than podiatrists.

(1) The Arkansas Board of Podiatric Medicine shall choose one (1) of its members as president and one (1) as secretary-treasurer at each annual meeting to be held in June.

(2) The board may meet more often if necessary in the discretion of the board at such times and places as it may deem proper for the examination of applicants who may wish to practice in this state and for the transaction of any other business that may come before it.

(3) (A) The board shall make and adopt all necessary rules and bylaws necessary or convenient to perform its duties and to transact business as required by law. (B) The rules adopted under subdivision (a)(3)(A) of this section shall authorize the delegation of certain medical practices to persons other than podiatrists.

(A) The board shall make and adopt all necessary rules and bylaws necessary or convenient to perform its duties and to transact business as required by law.

(B) The rules adopted under subdivision (a)(3)(A) of this section shall authorize the delegation of certain medical practices to persons other than podiatrists.

(b) The Secretary-treasurer of the Arkansas Board of Podiatric Medicine shall execute to the board a bond with approved security for the faithful performance of his or her duty.

(c) (1) The board shall keep a record book in which shall be registered the names, addresses, and license numbers of all persons legally entitled to practice in the State of Arkansas. (2) Proceedings of the board shall be recorded in a minute book to be open at all reasonable times to public inspection.

(1) The board shall keep a record book in which shall be registered the names, addresses, and license numbers of all persons legally entitled to practice in the State of Arkansas.

(2) Proceedings of the board shall be recorded in a minute book to be open at all reasonable times to public inspection.

(d) Three (3) members of the board of which two (2) shall be podiatrists shall constitute a quorum for the transaction of business.

Amended by Act 2019, No. 315,§ 1631, eff. 7/24/2019.

Acts 1923, No. 610, § 3; Pope's Dig., §§ 10847, 12112; Acts 1983, No. 429, § 3; A.S.A. 1947, § 72-303; Acts 1997, No. 966, § 5; 2009, No. 472, § 3.
Ark. Code Ann. § 17-47-301 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-301
Registration required
Status: in_force

No person shall practice or offer to practice professional soil classifying as defined by this chapter unless the person is registered to practice under or exempt from the provisions of this chapter. Acts 1975, No. 460, § 18; A.S.A. 1947, § 71-2718.

No person shall practice or offer to practice professional soil classifying as defined by this chapter unless the person is registered to practice under or exempt from the provisions of this chapter.

Acts 1975, No. 460, § 18; A.S.A. 1947, § 71-2718.
Ark. Code Ann. § 17-12-403 — AR Code / Title 17 / Chapter 12 / Subchapter 4 / Section 17-12-403
Offices
Status: in_force

(a) Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, public accountant, or firm shall be registered annually with the Arkansas State Board of Public Accountancy under this chapter. (b) No fee shall be charged for the registration of one (1) office. The board at its discretion may require an annual fee to be paid for each additional office registered. The amount of the fee shall be established by board rule. (c) Each office shall be under the direct supervision of a resident manager who may be either the sole proprietor or an owner of the firm or a staff employee licensed under this chapter. The title or designation "certified public accountant" or the abbreviation "CPA" shall not be used in connection with an office unless the resident manager is the holder of a certificate as a certified public accountant which is in full force and effect. The resident manager may serve in such a capacity at one (1) office only. (d) The board shall prescribe by rule the procedure to be followed in effecting such registrations. Amended by Act 2019, No. 315,§ 1339, eff. 7/24/2019. Acts 1975, No. 160, § 10; A.S.A. 1947, § 71-620; Acts 1997, No. 242, § 11; 1999, No. 180, §§ 25, 26.

(a) Each office established or maintained in this state for the practice of public accounting in this state by a certified public accountant, public accountant, or firm shall be registered annually with the Arkansas State Board of Public Accountancy under this chapter.

(b) No fee shall be charged for the registration of one (1) office. The board at its discretion may require an annual fee to be paid for each additional office registered. The amount of the fee shall be established by board rule.

(c) Each office shall be under the direct supervision of a resident manager who may be either the sole proprietor or an owner of the firm or a staff employee licensed under this chapter. The title or designation "certified public accountant" or the abbreviation "CPA" shall not be used in connection with an office unless the resident manager is the holder of a certificate as a certified public accountant which is in full force and effect. The resident manager may serve in such a capacity at one (1) office only.

(d) The board shall prescribe by rule the procedure to be followed in effecting such registrations.

Amended by Act 2019, No. 315,§ 1339, eff. 7/24/2019.

Acts 1975, No. 160, § 10; A.S.A. 1947, § 71-620; Acts 1997, No. 242, § 11; 1999, No. 180, §§ 25, 26.
Ark. Code Ann. § 17-42-501 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-501
Real estate education program
Status: in_force

The Arkansas Real Estate Commission shall establish an education program for real estate licensees to ensure that education is available and accessible to an applicant or a licensee. The education program is intended to fulfill the education requirements for a real estate license and to provide real estate courses intended to fulfill the education requirements for a real estate license. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23; 1995, No. 1285, § 2; 1999, No. 471, § 1; 2007, No. 263, § 11.

The Arkansas Real Estate Commission shall establish an education program for real estate licensees to ensure that education is available and accessible to an applicant or a licensee. The education program is intended to fulfill the education requirements for a real estate license and to provide real estate courses intended to fulfill the education requirements for a real estate license.

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

Acts 1993, No. 690, § 23; 1995, No. 1285, § 2; 1999, No. 471, § 1; 2007, No. 263, § 11.
Ark. Code Ann. § 17-19-101 — AR Code / Title 17 / Chapter 19 / Subchapter 1 / Section 17-19-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Bail bond or appearance bond" means a bond for a specified monetary amount which is executed by the defendant and a qualified licensee under this chapter and which is issued to a court, magistrate, or authorized officer as security for the subsequent court appearance of the defendant upon his or her release from actual custody pending the appearance; (2) "Insurer" means any surety company which has qualified to transact surety business in this state; (3) "Licensee" means a professional bail bond company or a professional bail bondsman; (4) "Professional bail bond company" means an individual who is a resident of this state, an Arkansas firm, partnership, or corporation, or a foreign corporation registered and authorized to conduct business in the State of Arkansas that pledges a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value; and (5) "Professional bail bondsman" means an individual who is a resident of this state and who acts through authority of a professional bail bond company in pledging a bail bond as security in a judicial proceeding. Amended by Act 2019, No. 386,§ 3, eff. 7/24/2019. Acts 1989, No. 417, § 1; 1995, No. 827, §§ 1, 3.

As used in this chapter, unless the context otherwise requires:

(1) "Bail bond or appearance bond" means a bond for a specified monetary amount which is executed by the defendant and a qualified licensee under this chapter and which is issued to a court, magistrate, or authorized officer as security for the subsequent court appearance of the defendant upon his or her release from actual custody pending the appearance;

(2) "Insurer" means any surety company which has qualified to transact surety business in this state;

(3) "Licensee" means a professional bail bond company or a professional bail bondsman;

(4) "Professional bail bond company" means an individual who is a resident of this state, an Arkansas firm, partnership, or corporation, or a foreign corporation registered and authorized to conduct business in the State of Arkansas that pledges a bail bond in connection with a judicial proceeding and receives or is promised therefor money or other things of value; and

(5) "Professional bail bondsman" means an individual who is a resident of this state and who acts through authority of a professional bail bond company in pledging a bail bond as security in a judicial proceeding.

Amended by Act 2019, No. 386,§ 3, eff. 7/24/2019.

Acts 1989, No. 417, § 1; 1995, No. 827, §§ 1, 3.
Ark. Code Ann. § 17-92-908 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-908
Revocation or suspension of license
Status: in_force

The Arkansas State Board of Pharmacy may revoke or suspend licenses or may refuse to issue any license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following: (1) Violation of any federal, state, or local law or regulation relating to medical equipment, medical gases, and medical supplies, except legend drugs and legend devices; (2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or (3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety. Amended by Act 2019, No. 315,§ 1600, eff. 7/24/2019. Acts 1995, No. 1101, § 9.

The Arkansas State Board of Pharmacy may revoke or suspend licenses or may refuse to issue any license under this subchapter if the holder or applicant has committed or is found guilty by the board of any of the following:

(1) Violation of any federal, state, or local law or regulation relating to medical equipment, medical gases, and medical supplies, except legend drugs and legend devices;

(2) Violation of any provisions of this subchapter or any rule promulgated hereunder; or

(3) Commission of an act or engaging in a course of conduct which constitutes a clear and present danger to the public health and safety.

Amended by Act 2019, No. 315,§ 1600, eff. 7/24/2019.

Acts 1995, No. 1101, § 9.
Ark. Code Ann. § 17-26-324 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-324
Registered hairstylist
Status: in_force

(a) The Department of Health: (1) Shall develop a registration application process for a registered hairstylist; (2) May charge each registrant a fee of not more than ten dollars ($10.00) to cover the department's costs of maintaining the registration; and (3) Shall not require registrants to provide proof of training at a school of cosmetology. (b) This section shall not be construed to: (1) Exempt a registered hairstylist from the requirements of a general business license or any laws relating to the payment of taxes; or (2) Prohibit private certification of any provider. Added by Act 2021, No. 957,§ 4, eff. 7/28/2021.

(a) The Department of Health: (1) Shall develop a registration application process for a registered hairstylist; (2) May charge each registrant a fee of not more than ten dollars ($10.00) to cover the department's costs of maintaining the registration; and (3) Shall not require registrants to provide proof of training at a school of cosmetology.

(1) Shall develop a registration application process for a registered hairstylist;

(2) May charge each registrant a fee of not more than ten dollars ($10.00) to cover the department's costs of maintaining the registration; and

(3) Shall not require registrants to provide proof of training at a school of cosmetology.

(b) This section shall not be construed to: (1) Exempt a registered hairstylist from the requirements of a general business license or any laws relating to the payment of taxes; or (2) Prohibit private certification of any provider.

(1) Exempt a registered hairstylist from the requirements of a general business license or any laws relating to the payment of taxes; or

(2) Prohibit private certification of any provider.

Added by Act 2021, No. 957,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 17-99-303 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-303
Issuance and recording
Status: in_force

(a) The Arkansas State Medical Board shall register as a respiratory care practitioner each applicant who provides evidence of his or her fitness for licensure under the terms of this chapter. (b) It shall issue to each person registered a license, which shall be prima facie evidence of the right of the person to practice respiratory care, subject to the conditions and limitations of this chapter. (c) Proof of licensure must be made upon request. (d) (1) Whenever the board determines for any reason not to issue a license, it shall enter an order denying the application. (2) Whenever the board determines for any reason to suspend, revoke, or refuse to renew a license, it shall enter an order taking that action. (e) All review proceedings shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1969, No. 168, § 8; A.S.A. 1947, § 72-1608; Acts 1987, No. 952, § 6; 1995, No. 1094, § 6.

(a) The Arkansas State Medical Board shall register as a respiratory care practitioner each applicant who provides evidence of his or her fitness for licensure under the terms of this chapter.

(b) It shall issue to each person registered a license, which shall be prima facie evidence of the right of the person to practice respiratory care, subject to the conditions and limitations of this chapter.

(c) Proof of licensure must be made upon request.

(d) (1) Whenever the board determines for any reason not to issue a license, it shall enter an order denying the application. (2) Whenever the board determines for any reason to suspend, revoke, or refuse to renew a license, it shall enter an order taking that action.

(1) Whenever the board determines for any reason not to issue a license, it shall enter an order denying the application.

(2) Whenever the board determines for any reason to suspend, revoke, or refuse to renew a license, it shall enter an order taking that action.

(e) All review proceedings shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1969, No. 168, § 8; A.S.A. 1947, § 72-1608; Acts 1987, No. 952, § 6; 1995, No. 1094, § 6.
Ark. Code Ann. § 17-87-808 — AR Code / Title 17 / Chapter 87 / Subchapter 8 / Section 17-87-808
Liability
Status: in_force

(a) A person acting on behalf of the Arkansas State Board of Nursing in the alternative to discipline program under this section is considered an officer or employee of the State of Arkansas for purposes of: (1) Immunity from civil liability under § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees under § 21-9-201 et seq. (b) (1) Except as provided in subdivision (b)(3) of this section, all participant records shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction. (2) However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request. (3) The records regarding a participant in the alternative to discipline program shall be available to: (A) The board; (B) The staff of the board; (C) An employer; (D) A treating healthcare provider; (E) Education programs; and (F) Other states' nursing boards. Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023. Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.

(a) A person acting on behalf of the Arkansas State Board of Nursing in the alternative to discipline program under this section is considered an officer or employee of the State of Arkansas for purposes of: (1) Immunity from civil liability under § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of state officers or employees under § 21-9-201 et seq.

(1) Immunity from civil liability under § 19-10-301 et seq.; and

(2) Payment of actual damages on behalf of state officers or employees under § 21-9-201 et seq.

(b) (1) Except as provided in subdivision (b)(3) of this section, all participant records shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction. (2) However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request. (3) The records regarding a participant in the alternative to discipline program shall be available to: (A) The board; (B) The staff of the board; (C) An employer; (D) A treating healthcare provider; (E) Education programs; and (F) Other states' nursing boards.

(1) Except as provided in subdivision (b)(3) of this section, all participant records shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction.

(2) However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request.

(3) The records regarding a participant in the alternative to discipline program shall be available to: (A) The board; (B) The staff of the board; (C) An employer; (D) A treating healthcare provider; (E) Education programs; and (F) Other states' nursing boards.

(A) The board;

(B) The staff of the board;

(C) An employer;

(D) A treating healthcare provider;

(E) Education programs; and

(F) Other states' nursing boards.

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

Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-42-408 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-408
Appeal
Status: in_force

(a) An appeal may be taken to the circuit court from a final order of the Arkansas Real Estate Commission in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) An appeal shall automatically stay that portion of the commission's order which directs the payment of damages, and neither the licensee nor the commission shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court. Acts 1993, No. 690, § 22.

(a) An appeal may be taken to the circuit court from a final order of the Arkansas Real Estate Commission in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) An appeal shall automatically stay that portion of the commission's order which directs the payment of damages, and neither the licensee nor the commission shall be obligated to pay the damages to the aggrieved party or parties until such time as the appeal is finally decided, whether in the circuit court or in the Supreme Court.

Acts 1993, No. 690, § 22.
Ark. Code Ann. § 17-16-118 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-118
Uniformity of application and construction
Status: in_force

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it. Acts 2001, No. 1622, § 16.

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

Acts 2001, No. 1622, § 16.
Ark. Code Ann. § 17-105-103 — AR Code / Title 17 / Chapter 105 / Section 17-105-103
Graduate license - Temporary license
Status: in_force

(a) The Arkansas State Medical Board may grant a graduate license to an applicant who meets the qualifications for licensure, except that the applicant has not yet taken the national certifying examination or the applicant has taken the national certifying examination and is awaiting the results. (b) A graduate license is valid: (1) For one (1) year from the date of issuance; (2) Until the results of an applicant's examination are available; or (3) Until the board makes a final decision on the applicant's request for licensure, whichever comes first. (c) The board may extend a graduate license upon a majority vote of the board members for a period not to exceed one (1) year. Under no circumstances may the board grant more than one (1) extension of a graduate license. (d) A temporary license may be granted to an applicant who meets all the qualifications for licensure but is awaiting the next scheduled meeting of the board. Acts 1999, No. 851, § 3.

(a) The Arkansas State Medical Board may grant a graduate license to an applicant who meets the qualifications for licensure, except that the applicant has not yet taken the national certifying examination or the applicant has taken the national certifying examination and is awaiting the results.

(b) A graduate license is valid: (1) For one (1) year from the date of issuance; (2) Until the results of an applicant's examination are available; or (3) Until the board makes a final decision on the applicant's request for licensure, whichever comes first.

(1) For one (1) year from the date of issuance;

(2) Until the results of an applicant's examination are available; or

(3) Until the board makes a final decision on the applicant's request for licensure, whichever comes first.

whichever comes first.

(c) The board may extend a graduate license upon a majority vote of the board members for a period not to exceed one (1) year. Under no circumstances may the board grant more than one (1) extension of a graduate license.

(d) A temporary license may be granted to an applicant who meets all the qualifications for licensure but is awaiting the next scheduled meeting of the board.

Acts 1999, No. 851, § 3.
Ark. Code Ann. § 17-28-103 — AR Code / Title 17 / Chapter 28 / Subchapter 1 / Section 17-28-103
Disposition of funds
Status: in_force

All funds received by the Board of Electrical Examiners of the State of Arkansas under the provisions of this chapter shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Division of Labor in carrying out the functions, powers, and duties as set out in this chapter and to defray the costs of the maintenance, operation, and improvements required by the division in carrying out the functions, powers, and duties otherwise imposed by law on the division or the Director of the Division of Labor. Amended by Act 2019, No. 910,§ 5419, eff. 7/1/2019. Acts 1997, No. 1289, § 3; 2001, No. 577, § 5.

All funds received by the Board of Electrical Examiners of the State of Arkansas under the provisions of this chapter shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Division of Labor in carrying out the functions, powers, and duties as set out in this chapter and to defray the costs of the maintenance, operation, and improvements required by the division in carrying out the functions, powers, and duties otherwise imposed by law on the division or the Director of the Division of Labor.

Amended by Act 2019, No. 910,§ 5419, eff. 7/1/2019.

Acts 1997, No. 1289, § 3; 2001, No. 577, § 5.
Ark. Code Ann. § 17-19-401 — AR Code / Title 17 / Chapter 19 / Subchapter 4 / Section 17-19-401
Requirements
Status: in_force

(a) Each person licensed as a professional bail bondsman shall annually complete not less than six (6) hours of continuing education in subjects relating to the authority and responsibilities of a bail bondsman as a condition of renewing his or her license. (b) The continuing education shall not include written or oral examinations. Acts 1993, No. 499, § 2; 1999, No. 567, § 4; 2005, No. 1935, § 1.

(a) Each person licensed as a professional bail bondsman shall annually complete not less than six (6) hours of continuing education in subjects relating to the authority and responsibilities of a bail bondsman as a condition of renewing his or her license.

(b) The continuing education shall not include written or oral examinations.

Acts 1993, No. 499, § 2; 1999, No. 567, § 4; 2005, No. 1935, § 1.
Ark. Code Ann. § 17-90-508 — AR Code / Title 17 / Chapter 90 / Subchapter 5 / Section 17-90-508
Confidentiality of records
Status: in_force

(a) (1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or subpoena. (2) No person in attendance at any meeting of the board concerning an impaired optometrist shall be required to testify as to any discussions or proceedings. (b) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the board meeting on an optometrist, nor shall any person who testifies before the board meeting on an optometrist, or who is a member of the board, be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the board or about opinions formed by him or her as a result of the board hearings. Acts 1997, No. 176, § 4; 1997, No. 186, § 4.

(a) (1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or subpoena. (2) No person in attendance at any meeting of the board concerning an impaired optometrist shall be required to testify as to any discussions or proceedings.

(1) Notwithstanding any provision of state law, records of the State Board of Optometry pertaining to an impaired optometrist shall be exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., shall be kept confidential and shall not be subject to discovery or subpoena.

(2) No person in attendance at any meeting of the board concerning an impaired optometrist shall be required to testify as to any discussions or proceedings.

(b) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the board meeting on an optometrist, nor shall any person who testifies before the board meeting on an optometrist, or who is a member of the board, be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the board or about opinions formed by him or her as a result of the board hearings.

Acts 1997, No. 176, § 4; 1997, No. 186, § 4.
Ark. Code Ann. § 17-32-106 — AR Code / Title 17 / Chapter 32 / Subchapter 1 / Section 17-32-106
Injunction - Liability of board
Status: in_force

(a) (1) Upon proper determination that any person has violated the provisions of this chapter, the State Board of Registration for Professional Geologists may seek an injunction in the proper court of the county in which the violation occurred for the purpose of restraining or prohibiting a violation of this chapter. (2) An injunction obtained pursuant to subdivision (a)(1) of this section shall be issued without bond. (b) The members of the board acting in good faith may not be found personally liable for a proceeding commenced pursuant to this section. Acts 2005, No. 676, § 4.

(a) (1) Upon proper determination that any person has violated the provisions of this chapter, the State Board of Registration for Professional Geologists may seek an injunction in the proper court of the county in which the violation occurred for the purpose of restraining or prohibiting a violation of this chapter. (2) An injunction obtained pursuant to subdivision (a)(1) of this section shall be issued without bond.

(1) Upon proper determination that any person has violated the provisions of this chapter, the State Board of Registration for Professional Geologists may seek an injunction in the proper court of the county in which the violation occurred for the purpose of restraining or prohibiting a violation of this chapter.

(2) An injunction obtained pursuant to subdivision (a)(1) of this section shall be issued without bond.

(b) The members of the board acting in good faith may not be found personally liable for a proceeding commenced pursuant to this section.

Acts 2005, No. 676, § 4.
Ark. Code Ann. § 17-80-121 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-121
Unlawful female genital mutilation by a medical professional
Status: in_force

(a) A state agency, board, or commission authorized to issue a license to a medical professional under the laws of this state shall institute disciplinary action against a licensed medical professional over whom the state agency, board, or commission has jurisdiction and who is convicted of unlawful female genital mutilation of a minor, § 5-14-136 . (b) The state agency, board, or commission instituting a disciplinary action as described in this section may take any measure authorized to discipline the licensed medical professional, including the revocation of any license. Added by Act 2019, No. 556,§ 5, eff. 3/26/2019.

(a) A state agency, board, or commission authorized to issue a license to a medical professional under the laws of this state shall institute disciplinary action against a licensed medical professional over whom the state agency, board, or commission has jurisdiction and who is convicted of unlawful female genital mutilation of a minor, § 5-14-136 .

(b) The state agency, board, or commission instituting a disciplinary action as described in this section may take any measure authorized to discipline the licensed medical professional, including the revocation of any license.

Added by Act 2019, No. 556,§ 5, eff. 3/26/2019.
Ark. Code Ann. § 17-49-105 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-105
Enforcement
Status: in_force

It is the duty of the county sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this subchapter. Acts 1983, No. 587, § 12; A.S.A. 1947, § 71-5612.

It is the duty of the county sheriff and other law enforcement officers in each county and the prosecuting attorney for each county to enforce the provisions of this subchapter.

Acts 1983, No. 587, § 12; A.S.A. 1947, § 71-5612.
Ark. Code Ann. § 17-102-104 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-104
False advertising
Status: in_force

(a) A person defined in § 17-102-102(4) shall not solicit for patronage or advertise for patronage by any means whatever that are misleading, fraudulent, deceptive, or dishonest. (b) It constitutes false advertising under this section for an acupuncturist as defined in § 17-102-102(2) to refer to himself or herself other than as a licensed acupuncturist, certified acupuncturist, acupuncture practitioner, or Oriental acupuncture practitioner. (c) A person licensed or certified under this chapter shall not identify himself or herself as a doctor or physician. (d) A violation of this section is grounds for disciplinary action under § 17-102-309(a)(4) . Acts 1997, No. 816, § 5; 2009, No. 1461, § 1.

(a) A person defined in § 17-102-102(4) shall not solicit for patronage or advertise for patronage by any means whatever that are misleading, fraudulent, deceptive, or dishonest.

(b) It constitutes false advertising under this section for an acupuncturist as defined in § 17-102-102(2) to refer to himself or herself other than as a licensed acupuncturist, certified acupuncturist, acupuncture practitioner, or Oriental acupuncture practitioner.

(c) A person licensed or certified under this chapter shall not identify himself or herself as a doctor or physician.

(d) A violation of this section is grounds for disciplinary action under § 17-102-309(a)(4) .

Acts 1997, No. 816, § 5; 2009, No. 1461, § 1.
Ark. Code Ann. § 17-87-805 — AR Code / Title 17 / Chapter 87 / Subchapter 8 / Section 17-87-805
Reporting procedure
Status: in_force

The Arkansas State Board of Nursing shall develop rules and procedures for: (1) Reporting to the board: (A) The names and results of any contact or investigation regarding an impaired participant who is believed to be an imminent danger to the public or to himself or herself; (B) An impaired participant who: (i) Fails or refuses to: (a) Cooperate with the program coordinator; or (b) Submit to treatment; (ii) Exhibits professional incompetence; or (iii) Does not have alleviation through treatment for his or her impairment; and (C) A participant of the alternative to discipline program resuming practice; (2) Informing each participant of the alternative to discipline program regarding the alternative to discipline program requirements, alternative to discipline program procedures, responsibilities of the participant, and consequences of noncompliance; and (3) Performing other activities as necessary to implement this subchapter. Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023. Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.

The Arkansas State Board of Nursing shall develop rules and procedures for:

(1) Reporting to the board: (A) The names and results of any contact or investigation regarding an impaired participant who is believed to be an imminent danger to the public or to himself or herself; (B) An impaired participant who: (i) Fails or refuses to: (a) Cooperate with the program coordinator; or (b) Submit to treatment; (ii) Exhibits professional incompetence; or (iii) Does not have alleviation through treatment for his or her impairment; and (C) A participant of the alternative to discipline program resuming practice;

(A) The names and results of any contact or investigation regarding an impaired participant who is believed to be an imminent danger to the public or to himself or herself;

(B) An impaired participant who: (i) Fails or refuses to: (a) Cooperate with the program coordinator; or (b) Submit to treatment; (ii) Exhibits professional incompetence; or (iii) Does not have alleviation through treatment for his or her impairment; and

(i) Fails or refuses to: (a) Cooperate with the program coordinator; or (b) Submit to treatment;

(a) Cooperate with the program coordinator; or

(b) Submit to treatment;

(ii) Exhibits professional incompetence; or

(iii) Does not have alleviation through treatment for his or her impairment; and

(C) A participant of the alternative to discipline program resuming practice;

(2) Informing each participant of the alternative to discipline program regarding the alternative to discipline program requirements, alternative to discipline program procedures, responsibilities of the participant, and consequences of noncompliance; and

(3) Performing other activities as necessary to implement this subchapter.

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

Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-42-512 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-512
Term of license
Status: in_force

(a) A license is issued for a term of one (1) year. (b) (1) The Arkansas Real Estate Commission shall issue approval for renewal of a license in the absence of a reason or condition that may warrant the refusal of the renewal on receipt of a renewal request thirty (30) days before the expiration of the license. (2) A late fee applies to applications received after the renewal deadline. (c) (1) A licensee who has not applied for renewal or whose renewal application did not meet the requirements for renewal shall be notified by the commission. (2) If a license is not renewed by the date of its expiration, an application submitted for renewal of the license is considered a new application for licensure. Amended by Act 2015, No. 1156,§ 8, eff. 7/22/2015. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) A license is issued for a term of one (1) year.

(b) (1) The Arkansas Real Estate Commission shall issue approval for renewal of a license in the absence of a reason or condition that may warrant the refusal of the renewal on receipt of a renewal request thirty (30) days before the expiration of the license. (2) A late fee applies to applications received after the renewal deadline.

(1) The Arkansas Real Estate Commission shall issue approval for renewal of a license in the absence of a reason or condition that may warrant the refusal of the renewal on receipt of a renewal request thirty (30) days before the expiration of the license.

(2) A late fee applies to applications received after the renewal deadline.

(c) (1) A licensee who has not applied for renewal or whose renewal application did not meet the requirements for renewal shall be notified by the commission. (2) If a license is not renewed by the date of its expiration, an application submitted for renewal of the license is considered a new application for licensure.

(1) A licensee who has not applied for renewal or whose renewal application did not meet the requirements for renewal shall be notified by the commission.

(2) If a license is not renewed by the date of its expiration, an application submitted for renewal of the license is considered a new application for licensure.

Amended by Act 2015, No. 1156,§ 8, eff. 7/22/2015.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-87-101 — AR Code / Title 17 / Chapter 87 / Subchapter 1 / Section 17-87-101
License required - Purpose
Status: in_force

(a) In order to safeguard life and health, a person practicing or offering to practice nursing for compensation shall be required to submit evidence that he or she is qualified to so practice and shall be licensed as provided in this chapter: (1) Professional nursing; (2) Advanced practice registered nursing; (3) Registered practitioner nursing; (4) Practical nursing; or (5) Psychiatric technician nursing. (b) It is unlawful for any person not licensed by the Arkansas State Board of Nursing: (1) To practice or offer to practice professional nursing, advanced practice registered nursing, registered practitioner nursing, practical nursing, or psychiatric technician nursing; or (2) To use any sign, card, or device to indicate that the person is a professional registered nurse, an advanced practice registered nurse, a registered nurse practitioner, a licensed practical nurse, or a licensed psychiatric technician nurse. Amended by Act 2013, No. 604,§ 1, eff. 8/16/2013. Acts 1971, No. 432, § 1; 1979, No. 613, § 1; 1980 (1st Ex. Sess.), No. 14, § 1; A.S.A. 1947, § 72-745; Acts 1995, No. 409, § 1.

(a) In order to safeguard life and health, a person practicing or offering to practice nursing for compensation shall be required to submit evidence that he or she is qualified to so practice and shall be licensed as provided in this chapter: (1) Professional nursing; (2) Advanced practice registered nursing; (3) Registered practitioner nursing; (4) Practical nursing; or (5) Psychiatric technician nursing.

(1) Professional nursing;

(2) Advanced practice registered nursing;

(3) Registered practitioner nursing;

(4) Practical nursing; or

(5) Psychiatric technician nursing.

(b) It is unlawful for any person not licensed by the Arkansas State Board of Nursing: (1) To practice or offer to practice professional nursing, advanced practice registered nursing, registered practitioner nursing, practical nursing, or psychiatric technician nursing; or (2) To use any sign, card, or device to indicate that the person is a professional registered nurse, an advanced practice registered nurse, a registered nurse practitioner, a licensed practical nurse, or a licensed psychiatric technician nurse.

(1) To practice or offer to practice professional nursing, advanced practice registered nursing, registered practitioner nursing, practical nursing, or psychiatric technician nursing; or

(2) To use any sign, card, or device to indicate that the person is a professional registered nurse, an advanced practice registered nurse, a registered nurse practitioner, a licensed practical nurse, or a licensed psychiatric technician nurse.

Amended by Act 2013, No. 604,§ 1, eff. 8/16/2013.

Acts 1971, No. 432, § 1; 1979, No. 613, § 1; 1980 (1st Ex. Sess.), No. 14, § 1; A.S.A. 1947, § 72-745; Acts 1995, No. 409, § 1.
Ark. Code Ann. § 17-105-101 — AR Code / Title 17 / Chapter 105 / Section 17-105-101
Definitions
Status: in_force

As used in this chapter: (1) "Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered or issued by a healthcare insurer in this state; (2) (A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides health insurance in this state. (B) "Healthcare insurer" includes: (i) An insurance company; (ii) A hospital and medical service corporation; (iii) A health maintenance organization; (iv) A risk-based provider organization; and (v) Any sponsor of a nonfederal self-funded governmental plan; (3) (A) "Physician assistant" means a dependent healthcare professional qualified by academic and clinical education and licensed by the Arkansas State Medical Board to provide healthcare services and who has: (i) Graduated from a program for the education and training of physician assistants that has been approved by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or its successors; and (ii) Passed the certifying examination administered by the National Commission on Certification of Physician Assistants. (B) A physician assistant: (i) Provides healthcare services under the supervision of a physician; and (ii) Works under a delegation agreement with a physician; (4) "Supervising physician" means a doctor of medicine or doctor of osteopathy licensed by the board who supervises physician assistants; and (5) "Supervision" means overseeing the activities of and accepting responsibility for the medical services rendered by a physician assistant. The constant physical presence of the supervising physician is not required so long as the supervising physician and physician assistant are or can be easily in contact with one another by radio, telephone, electronic, or other telecommunication device. Supervision of each physician assistant by a physician or physicians shall be continuous. Amended by Act 2023, No. 303,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 7, eff. 8/1/2023. Amended by Act 2021, No. 634,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 386,§ 61, eff. 7/24/2019. Acts 1999, No. 851, § 1.

As used in this chapter:

(1) "Health benefit plan" means a plan, policy, contract, certificate, agreement, or other evidence of coverage for healthcare services offered or issued by a healthcare insurer in this state;

(2) (A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides health insurance in this state. (B) "Healthcare insurer" includes: (i) An insurance company; (ii) A hospital and medical service corporation; (iii) A health maintenance organization; (iv) A risk-based provider organization; and (v) Any sponsor of a nonfederal self-funded governmental plan;

(A) "Healthcare insurer" means an entity that is subject to state insurance regulation and provides health insurance in this state.

(B) "Healthcare insurer" includes: (i) An insurance company; (ii) A hospital and medical service corporation; (iii) A health maintenance organization; (iv) A risk-based provider organization; and (v) Any sponsor of a nonfederal self-funded governmental plan;

(i) An insurance company;

(ii) A hospital and medical service corporation;

(iii) A health maintenance organization;

(iv) A risk-based provider organization; and

(v) Any sponsor of a nonfederal self-funded governmental plan;

(3) (A) "Physician assistant" means a dependent healthcare professional qualified by academic and clinical education and licensed by the Arkansas State Medical Board to provide healthcare services and who has: (i) Graduated from a program for the education and training of physician assistants that has been approved by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or its successors; and (ii) Passed the certifying examination administered by the National Commission on Certification of Physician Assistants. (B) A physician assistant: (i) Provides healthcare services under the supervision of a physician; and (ii) Works under a delegation agreement with a physician;

(A) "Physician assistant" means a dependent healthcare professional qualified by academic and clinical education and licensed by the Arkansas State Medical Board to provide healthcare services and who has: (i) Graduated from a program for the education and training of physician assistants that has been approved by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or its successors; and (ii) Passed the certifying examination administered by the National Commission on Certification of Physician Assistants.

(i) Graduated from a program for the education and training of physician assistants that has been approved by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or its successors; and

(ii) Passed the certifying examination administered by the National Commission on Certification of Physician Assistants.

(B) A physician assistant: (i) Provides healthcare services under the supervision of a physician; and (ii) Works under a delegation agreement with a physician;

(i) Provides healthcare services under the supervision of a physician; and

(ii) Works under a delegation agreement with a physician;

(4) "Supervising physician" means a doctor of medicine or doctor of osteopathy licensed by the board who supervises physician assistants; and

(5) "Supervision" means overseeing the activities of and accepting responsibility for the medical services rendered by a physician assistant. The constant physical presence of the supervising physician is not required so long as the supervising physician and physician assistant are or can be easily in contact with one another by radio, telephone, electronic, or other telecommunication device. Supervision of each physician assistant by a physician or physicians shall be continuous.

Amended by Act 2023, No. 303,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 270,§ 7, eff. 8/1/2023.

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

Amended by Act 2019, No. 386,§ 61, eff. 7/24/2019.

Acts 1999, No. 851, § 1.
Ark. Code Ann. § 17-25-301 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-301
Significance - Proof
Status: in_force

(a) The issuance of a certificate of license or registration by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named on the certificate of license or registration is entitled to all of the rights and privileges of a licensed or registered contractor while the license or registration remains unrevoked or unexpired. (b) (1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. Amended by Act 2019, No. 805,§ 7, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 3, eff. 7/22/2015. Acts 1965, No. 150, § 13; A.S.A. 1947, § 71-712; Acts 1987, No. 495, § 2.

(a) The issuance of a certificate of license or registration by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named on the certificate of license or registration is entitled to all of the rights and privileges of a licensed or registered contractor while the license or registration remains unrevoked or unexpired.

(b) (1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied.

(1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter.

(2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied.

Amended by Act 2019, No. 805,§ 7, eff. 7/1/2020.

Amended by Act 2015, No. 1048,§ 3, eff. 7/22/2015.

Acts 1965, No. 150, § 13; A.S.A. 1947, § 71-712; Acts 1987, No. 495, § 2.
Ark. Code Ann. § 17-37-204 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-204
Occupational licenses, etc
Status: in_force

No occupational license, authorization, or similar license taxes shall be issued by municipalities, counties, or other state or federal agencies, or subdivisions thereof, to any person to engage in pest control service work for compensation, unless the person holds a valid license issued by the State Plant Board to do that work. Acts 1975, No. 488, § 8; A.S.A. 1947, § 77-1808.

No occupational license, authorization, or similar license taxes shall be issued by municipalities, counties, or other state or federal agencies, or subdivisions thereof, to any person to engage in pest control service work for compensation, unless the person holds a valid license issued by the State Plant Board to do that work.

Acts 1975, No. 488, § 8; A.S.A. 1947, § 77-1808.
Ark. Code Ann. § 17-86-304 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-304
Master massage therapist
Status: in_force

(a) A person who holds a license as a massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has completed and meets the requirements stated in § 17-86-102 is entitled to be upgraded to master massage therapist. (b) Each application for upgrade to master massage therapist shall be considered a new application for purposes of criminal background checks. (c) Fees are as follows: (1) Application fee ............... $75.00 Nonrefundable (2) Original license fee ............... 80.00 (3) Biennial renewal fee ............... 80.00 (4) Duplicate license fee ............... 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00). Amended by Act 2015, No. 1020,§ 15, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 11, eff. 8/16/2013. Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 7; 1997, No. 840, § 10; 1999, No. 1461, § 12; 2009, No. 1305, § 6.

(a) A person who holds a license as a massage therapist issued by the Department of Health and who submits satisfactory evidence to the department that he or she has completed and meets the requirements stated in § 17-86-102 is entitled to be upgraded to master massage therapist.

(b) Each application for upgrade to master massage therapist shall be considered a new application for purposes of criminal background checks.

(c) Fees are as follows: (1) Application fee ............... $75.00 Nonrefundable (2) Original license fee ............... 80.00 (3) Biennial renewal fee ............... 80.00 (4) Duplicate license fee ............... 10.00 (5) Pocket card fee not to exceed ten dollars ($10.00).

(1) Application fee ............... $75.00 Nonrefundable

(2) Original license fee ............... 80.00

(3) Biennial renewal fee ............... 80.00

(4) Duplicate license fee ............... 10.00

(5) Pocket card fee not to exceed ten dollars ($10.00).

Amended by Act 2015, No. 1020,§ 15, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 11, eff. 8/16/2013.

Acts 1981, No. 875, §§ 7, 9; A.S.A. 1947, §§ 72-1207, 72-1209; Acts 1991, No. 1217, § 1; 1993, No. 714, § 7; 1997, No. 840, § 10; 1999, No. 1461, § 12; 2009, No. 1305, § 6.
Ark. Code Ann. § 17-12-104 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-104
Penalty
Status: in_force

(a) (1) A person who violates any provision of § 17-12-106 is guilty of a misdemeanor. (2) A person convicted of violating any provision of § 17-12-106 is subject to: (A) A fine of not more than one thousand dollars ($1,000); (B) A judgment in favor of the Arkansas State Board of Public Accountancy for investigative costs; or (C) Imprisonment for not more than one (1) year for each violation. (3) Each violation of § 17-12-106 constitutes a separate offense. (b) When the board has reason to believe that a person is subject to punishment under this section, the board may certify the facts to the Attorney General or other appropriate enforcement officer, who may cause appropriate proceedings to be brought. Amended by Act 2013, No. 90,§ 2, eff. 8/16/2013. Acts 1975, No. 160, § 19; A.S.A. 1947, § 71-629; Acts 2005, No. 54, § 2.

(a) (1) A person who violates any provision of § 17-12-106 is guilty of a misdemeanor. (2) A person convicted of violating any provision of § 17-12-106 is subject to: (A) A fine of not more than one thousand dollars ($1,000); (B) A judgment in favor of the Arkansas State Board of Public Accountancy for investigative costs; or (C) Imprisonment for not more than one (1) year for each violation. (3) Each violation of § 17-12-106 constitutes a separate offense.

(1) A person who violates any provision of § 17-12-106 is guilty of a misdemeanor.

(2) A person convicted of violating any provision of § 17-12-106 is subject to: (A) A fine of not more than one thousand dollars ($1,000); (B) A judgment in favor of the Arkansas State Board of Public Accountancy for investigative costs; or (C) Imprisonment for not more than one (1) year for each violation.

(A) A fine of not more than one thousand dollars ($1,000);

(B) A judgment in favor of the Arkansas State Board of Public Accountancy for investigative costs; or

(C) Imprisonment for not more than one (1) year for each violation.

(3) Each violation of § 17-12-106 constitutes a separate offense.

(b) When the board has reason to believe that a person is subject to punishment under this section, the board may certify the facts to the Attorney General or other appropriate enforcement officer, who may cause appropriate proceedings to be brought.

Amended by Act 2013, No. 90,§ 2, eff. 8/16/2013.

Acts 1975, No. 160, § 19; A.S.A. 1947, § 71-629; Acts 2005, No. 54, § 2.
Ark. Code Ann. § 17-85-109 — AR Code / Title 17 / Chapter 85 / Section 17-85-109
Reporting of transfers
Status: in_force

A hospital or licensed healthcare facility shall report to the Department of Health when a known transfer occurs of a patient from the care of a lay midwife during the labor and delivery process to the hospital or licensed healthcare facility. Added by Act 2019, No. 977,§ 1, eff. 7/24/2019.

A hospital or licensed healthcare facility shall report to the Department of Health when a known transfer occurs of a patient from the care of a lay midwife during the labor and delivery process to the hospital or licensed healthcare facility.

Added by Act 2019, No. 977,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-27-416 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-416
Confidentiality of information - Exception
Status: in_force

No individual licensed or certified under the provisions of this subchapter may disclose any information he or she may have acquired from persons consulting him or her in his or her capacity as a person regulated under this subchapter, except: (1) With the written consent of the person or, in the case of death or disability, of his or her authorized representative, or the beneficiary of an insurance policy on his or her life, health, or physical condition; (2) A communication that reveals the contemplation of a crime or a harmful act; (3) When the communication indicates that the person was the victim of a crime, the individual shall be required to testify fully when properly ordered by a court of competent jurisdiction in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry; (4) Communications made in the course of an examination ordered by a court of competent jurisdiction when the client has been informed before the examination that any communications made during the examination would not be privileged; (5) When the individual is a defendant in either a civil or criminal action; or (6) If the individual has reasonable ground to suspect that a child has been abused or neglected, he or she shall report such information as required by law. Acts 1999, No. 1588, § 16.

No individual licensed or certified under the provisions of this subchapter may disclose any information he or she may have acquired from persons consulting him or her in his or her capacity as a person regulated under this subchapter, except:

(1) With the written consent of the person or, in the case of death or disability, of his or her authorized representative, or the beneficiary of an insurance policy on his or her life, health, or physical condition;

(2) A communication that reveals the contemplation of a crime or a harmful act;

(3) When the communication indicates that the person was the victim of a crime, the individual shall be required to testify fully when properly ordered by a court of competent jurisdiction in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry;

(4) Communications made in the course of an examination ordered by a court of competent jurisdiction when the client has been informed before the examination that any communications made during the examination would not be privileged;

(5) When the individual is a defendant in either a civil or criminal action; or

(6) If the individual has reasonable ground to suspect that a child has been abused or neglected, he or she shall report such information as required by law.

Acts 1999, No. 1588, § 16.
Ark. Code Ann. § 17-25-317 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-317
Lifetime certificate of license as a contractor
Status: in_force

(a) (1) Upon reaching the age of sixty-five (65), or any time thereafter, any individual who has received a certificate of license as a contractor from the Contractors Licensing Board for not less than twelve (12) years may apply for a lifetime certificate of license as a contractor. (2) The lifetime certificate of license as a contractor shall be issued upon satisfactory proof of age and upon payment of a one-time fee of sixty-five dollars ($65.00). (3) The annual renewal fee for a lifetime license shall be waived if all required information is provided on the renewal application. (b) An individual issued a lifetime certificate of license as a contractor shall maintain: (1) All bonds as required by law or rule of the board for any period in which any work as a contractor is performed for remunerative purposes, whether as an employee or an independent contractor; and (2) Workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq., and § 17-25-514 . Added by Act 2023, No. 73,§ 1, eff. 8/1/2023.

(a) (1) Upon reaching the age of sixty-five (65), or any time thereafter, any individual who has received a certificate of license as a contractor from the Contractors Licensing Board for not less than twelve (12) years may apply for a lifetime certificate of license as a contractor. (2) The lifetime certificate of license as a contractor shall be issued upon satisfactory proof of age and upon payment of a one-time fee of sixty-five dollars ($65.00). (3) The annual renewal fee for a lifetime license shall be waived if all required information is provided on the renewal application.

(1) Upon reaching the age of sixty-five (65), or any time thereafter, any individual who has received a certificate of license as a contractor from the Contractors Licensing Board for not less than twelve (12) years may apply for a lifetime certificate of license as a contractor.

(2) The lifetime certificate of license as a contractor shall be issued upon satisfactory proof of age and upon payment of a one-time fee of sixty-five dollars ($65.00).

(3) The annual renewal fee for a lifetime license shall be waived if all required information is provided on the renewal application.

(b) An individual issued a lifetime certificate of license as a contractor shall maintain: (1) All bonds as required by law or rule of the board for any period in which any work as a contractor is performed for remunerative purposes, whether as an employee or an independent contractor; and (2) Workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq., and § 17-25-514 .

(1) All bonds as required by law or rule of the board for any period in which any work as a contractor is performed for remunerative purposes, whether as an employee or an independent contractor; and

(2) Workers' compensation coverage as required under the Workers' Compensation Law, § 11-9-101 et seq., and § 17-25-514 .

Added by Act 2023, No. 73,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-90-201 — AR Code / Title 17 / Chapter 90 / Subchapter 2 / Section 17-90-201
Appointment of members
Status: in_force

The State Board of Optometry shall consist of seven (7) members appointed by the Governor subject to confirmation by the Senate for terms of five (5) years: (1) After consulting the Arkansas Optometric Association, Inc., the Governor shall appoint five (5) members who are licensed optometrists and who have been engaged in the regular practice of optometry in this state for a period of three (3) years; and (2) Two (2) members shall not be actively engaged in or retired from the profession of optometry. One (1) shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large, subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. All vacancies shall be filled in a like manner. Amended by Act 2017, No. 540,§ 32, eff. 8/1/2017. Acts 1941, No. 94, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-802.

The State Board of Optometry shall consist of seven (7) members appointed by the Governor subject to confirmation by the Senate for terms of five (5) years:

(1) After consulting the Arkansas Optometric Association, Inc., the Governor shall appoint five (5) members who are licensed optometrists and who have been engaged in the regular practice of optometry in this state for a period of three (3) years; and

(2) Two (2) members shall not be actively engaged in or retired from the profession of optometry. One (1) shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large, subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. All vacancies shall be filled in a like manner.

Amended by Act 2017, No. 540,§ 32, eff. 8/1/2017.

Acts 1941, No. 94, § 2; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-802.
Ark. Code Ann. § 17-12-307 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-307
Credit for examination administered by licensing authority in another jurisdiction
Status: in_force

The Arkansas State Board of Public Accountancy may by rule provide for granting a credit to an applicant for his or her satisfactory completion of an examination in any one (1) or more of the subjects specified in § 17-12-301(a)(2) given by the licensing authority in any other state. The rules shall include such requirements as the board shall determine to be appropriate in order that any examination approved as a basis for any credit shall be, in the judgment of the board, at least as thorough as the most recent examination given by the board at the time of the granting of the credit. Amended by Act 2019, No. 315,§ 1334, eff. 7/24/2019. Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1997, No. 242, § 6; 1999, No. 180, § 17; 2005, No. 54, § 9.

The Arkansas State Board of Public Accountancy may by rule provide for granting a credit to an applicant for his or her satisfactory completion of an examination in any one (1) or more of the subjects specified in § 17-12-301(a)(2) given by the licensing authority in any other state. The rules shall include such requirements as the board shall determine to be appropriate in order that any examination approved as a basis for any credit shall be, in the judgment of the board, at least as thorough as the most recent examination given by the board at the time of the granting of the credit.

Amended by Act 2019, No. 315,§ 1334, eff. 7/24/2019.

Acts 1975, No. 160, § 3; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1997, No. 242, § 6; 1999, No. 180, § 17; 2005, No. 54, § 9.
Ark. Code Ann. § 17-50-101 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-101
Title
Status: in_force

This chapter shall be known and cited as the "Arkansas Water Well Construction Act". Acts 1969, No. 641, § 1; A.S.A. 1947, § 21-2001.

This chapter shall be known and cited as the "Arkansas Water Well Construction Act".

Acts 1969, No. 641, § 1; A.S.A. 1947, § 21-2001.
Ark. Code Ann. § 17-21-104 — AR Code / Title 17 / Chapter 21 / Subchapter 1 / Section 17-21-104
Exemptions
Status: in_force

The provisions of this chapter shall not apply to any operator which has existed as an operation for at least twenty-five (25) years, and its affiliates, whether now or hereafter, and whose continuing primary function involves the annual organization, promotion, and sponsoring of a statewide talent and beauty pageant in which contestants compete for scholarships, awarded by the operator, as well as for the opportunity of being Arkansas's representative and contestant in an annual nationwide talent and beauty pageant with which the operator is affiliated. Acts 1991, No. 101, § 5; 1991, No. 676, § 1.

The provisions of this chapter shall not apply to any operator which has existed as an operation for at least twenty-five (25) years, and its affiliates, whether now or hereafter, and whose continuing primary function involves the annual organization, promotion, and sponsoring of a statewide talent and beauty pageant in which contestants compete for scholarships, awarded by the operator, as well as for the opportunity of being Arkansas's representative and contestant in an annual nationwide talent and beauty pageant with which the operator is affiliated.

Acts 1991, No. 101, § 5; 1991, No. 676, § 1.
Ark. Code Ann. § 17-20-103 — AR Code / Title 17 / Chapter 20 / Subchapter 1 / Section 17-20-103
Exemptions - Construction
Status: in_force

(a) The following persons, firms, or corporations are exempt from the provisions under this chapter while in the proper discharge of their professional duties: (1) Persons licensed by the laws of this state to practice the healing arts; (2) Commissioned medical or surgical officers of the United States Army, United States Navy, or United States Commissioned Corps of the Public Health Service; (3) Persons licensed or registered by the Arkansas State Board of Nursing; (4) Undertakers and morticians; and (5) Jails, prisons, or penitentiaries. (b) Nothing contained in this chapter shall be construed so as to conflict in any manner with the laws regulating the vocation of cosmetic therapy or beauty culture. Amended by Act 2017, No. 1060,§ 3, eff. 8/1/2017. Acts 1937, No. 313, § 21; Pope's Dig., § 12089; Acts 1951, No. 127, § 9; A.S.A. 1947, § 71-521.

(a) The following persons, firms, or corporations are exempt from the provisions under this chapter while in the proper discharge of their professional duties: (1) Persons licensed by the laws of this state to practice the healing arts; (2) Commissioned medical or surgical officers of the United States Army, United States Navy, or United States Commissioned Corps of the Public Health Service; (3) Persons licensed or registered by the Arkansas State Board of Nursing; (4) Undertakers and morticians; and (5) Jails, prisons, or penitentiaries.

(1) Persons licensed by the laws of this state to practice the healing arts;

(2) Commissioned medical or surgical officers of the United States Army, United States Navy, or United States Commissioned Corps of the Public Health Service;

(3) Persons licensed or registered by the Arkansas State Board of Nursing;

(4) Undertakers and morticians; and

(5) Jails, prisons, or penitentiaries.

(b) Nothing contained in this chapter shall be construed so as to conflict in any manner with the laws regulating the vocation of cosmetic therapy or beauty culture.

Amended by Act 2017, No. 1060,§ 3, eff. 8/1/2017.

Acts 1937, No. 313, § 21; Pope's Dig., § 12089; Acts 1951, No. 127, § 9; A.S.A. 1947, § 71-521.
Ark. Code Ann. § 17-101-315 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-315
Equine teeth floating
Status: in_force

(a) The Arkansas Livestock and Poultry Commission is prohibited from enforcing commission policy regarding equine teeth floating by either investigating or prosecuting an individual practitioner engaged in equine teeth floating until July 1, 2013. (b) (1) Before engaging in the practice of equine teeth floating in the state, an individual practitioner shall present to the commission signed letters of recommendation from two (2) clients who have previously employed the individual practitioner and who bear witness to the individual practitioner's ability to perform equine teeth floating. (2) The letters of recommendation shall be presented to the commission before providing service to a client or performing any procedure on any animal. Amended by Act 2023, No. 691,§ 172, eff. 7/1/2023. Amended by Act 2019, No. 286,§ 2, eff. 7/24/2019. Acts 2011, No. 1031, § 2.

(a) The Arkansas Livestock and Poultry Commission is prohibited from enforcing commission policy regarding equine teeth floating by either investigating or prosecuting an individual practitioner engaged in equine teeth floating until July 1, 2013.

(b) (1) Before engaging in the practice of equine teeth floating in the state, an individual practitioner shall present to the commission signed letters of recommendation from two (2) clients who have previously employed the individual practitioner and who bear witness to the individual practitioner's ability to perform equine teeth floating. (2) The letters of recommendation shall be presented to the commission before providing service to a client or performing any procedure on any animal.

(1) Before engaging in the practice of equine teeth floating in the state, an individual practitioner shall present to the commission signed letters of recommendation from two (2) clients who have previously employed the individual practitioner and who bear witness to the individual practitioner's ability to perform equine teeth floating.

(2) The letters of recommendation shall be presented to the commission before providing service to a client or performing any procedure on any animal.

Amended by Act 2023, No. 691,§ 172, eff. 7/1/2023.

Amended by Act 2019, No. 286,§ 2, eff. 7/24/2019.

Acts 2011, No. 1031, § 2.
Ark. Code Ann. § 17-96-308 — AR Code / Title 17 / Chapter 96 / Subchapter 3 / Section 17-96-308
Revocation
Status: in_force

(a) (1) The Arkansas Board of Podiatric Medicine, after hearing, may revoke by majority vote any certificate issued by it and cancel or suspend the registration of any podiatrist who has been convicted of violation of § 17-96-103 . (2) The board, after hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., by a majority vote may also revoke the certificate and cancel or suspend the registration of any person of whom the court records of a court of any state or territory within the United States or of the federal courts or the records of any court of jurisdiction in any foreign country show that the person has been found guilty of a criminal offense. (3) The board, after hearing, by majority vote may also revoke the certificate and cancel or suspend the registration of any person whose registration was granted upon mistake of material fact. (b) The board may subsequently, but not earlier than one (1) year thereafter, by unanimous vote, reissue any certificate and register anew any podiatrist whose certificate was revoked and whose registration was canceled by the board, except as otherwise provided in this subchapter. (c) (1) The board, after hearing, may refuse to issue a certificate and cancel or suspend the registration of any person registered under the provisions of this chapter who, after investigation and hearing, shall be found guilty of grossly unprofessional and dishonest conduct. The board may impose a penalty not to exceed one thousand dollars ($1,000) for each violation, require completion of appropriate educational programs or courses, place conditions or restrictions upon the licensee's license or practice, or such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. (2) "Unprofessional and dishonest conduct" means, but is not limited to: (A) The willful betrayal of a professional secret; (B) Having professional connections with, or lending the use of one's name to, an unregistered podiatrist or having professional connection with anyone who has been convicted in any court of any criminal offense whatsoever; (C) [Repealed.] (D) Habitual intemperance; (E) Being habitually addicted to the use of morphine, opium, cocaine, or other drugs for other use than legal and legitimate purposes; (F) Advertising in a false, fraudulent, deceptive, or misleading manner; (G) Becoming physically or mentally incompetent to practice podiatric medicine as to endanger the public; or (H) Gross negligence or malpractice. Amended by Act 2019, No. 990,§ 104, eff. 7/24/2019. Acts 1923, No. 610, § 7; 1937, No. 187, § 3; Pope's Dig., §§ 10851, 12116; Acts 1973, No. 31, § 5; 1983, No. 429, § 7; A.S.A. 1947, § 72-307; Acts 1997, No. 966, § 12.

(a) (1) The Arkansas Board of Podiatric Medicine, after hearing, may revoke by majority vote any certificate issued by it and cancel or suspend the registration of any podiatrist who has been convicted of violation of § 17-96-103 . (2) The board, after hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., by a majority vote may also revoke the certificate and cancel or suspend the registration of any person of whom the court records of a court of any state or territory within the United States or of the federal courts or the records of any court of jurisdiction in any foreign country show that the person has been found guilty of a criminal offense. (3) The board, after hearing, by majority vote may also revoke the certificate and cancel or suspend the registration of any person whose registration was granted upon mistake of material fact.

(1) The Arkansas Board of Podiatric Medicine, after hearing, may revoke by majority vote any certificate issued by it and cancel or suspend the registration of any podiatrist who has been convicted of violation of § 17-96-103 .

(2) The board, after hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., by a majority vote may also revoke the certificate and cancel or suspend the registration of any person of whom the court records of a court of any state or territory within the United States or of the federal courts or the records of any court of jurisdiction in any foreign country show that the person has been found guilty of a criminal offense.

(3) The board, after hearing, by majority vote may also revoke the certificate and cancel or suspend the registration of any person whose registration was granted upon mistake of material fact.

(b) The board may subsequently, but not earlier than one (1) year thereafter, by unanimous vote, reissue any certificate and register anew any podiatrist whose certificate was revoked and whose registration was canceled by the board, except as otherwise provided in this subchapter.

(c) (1) The board, after hearing, may refuse to issue a certificate and cancel or suspend the registration of any person registered under the provisions of this chapter who, after investigation and hearing, shall be found guilty of grossly unprofessional and dishonest conduct. The board may impose a penalty not to exceed one thousand dollars ($1,000) for each violation, require completion of appropriate educational programs or courses, place conditions or restrictions upon the licensee's license or practice, or such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals. (2) "Unprofessional and dishonest conduct" means, but is not limited to: (A) The willful betrayal of a professional secret; (B) Having professional connections with, or lending the use of one's name to, an unregistered podiatrist or having professional connection with anyone who has been convicted in any court of any criminal offense whatsoever; (C) [Repealed.] (D) Habitual intemperance; (E) Being habitually addicted to the use of morphine, opium, cocaine, or other drugs for other use than legal and legitimate purposes; (F) Advertising in a false, fraudulent, deceptive, or misleading manner; (G) Becoming physically or mentally incompetent to practice podiatric medicine as to endanger the public; or (H) Gross negligence or malpractice.

(1) The board, after hearing, may refuse to issue a certificate and cancel or suspend the registration of any person registered under the provisions of this chapter who, after investigation and hearing, shall be found guilty of grossly unprofessional and dishonest conduct. The board may impose a penalty not to exceed one thousand dollars ($1,000) for each violation, require completion of appropriate educational programs or courses, place conditions or restrictions upon the licensee's license or practice, or such other requirements or penalties as may be appropriate to the circumstances of the case and which would achieve the desired disciplinary purposes, but which would not impair the public welfare and morals.

(2) "Unprofessional and dishonest conduct" means, but is not limited to: (A) The willful betrayal of a professional secret; (B) Having professional connections with, or lending the use of one's name to, an unregistered podiatrist or having professional connection with anyone who has been convicted in any court of any criminal offense whatsoever; (C) [Repealed.] (D) Habitual intemperance; (E) Being habitually addicted to the use of morphine, opium, cocaine, or other drugs for other use than legal and legitimate purposes; (F) Advertising in a false, fraudulent, deceptive, or misleading manner; (G) Becoming physically or mentally incompetent to practice podiatric medicine as to endanger the public; or (H) Gross negligence or malpractice.

(A) The willful betrayal of a professional secret;

(B) Having professional connections with, or lending the use of one's name to, an unregistered podiatrist or having professional connection with anyone who has been convicted in any court of any criminal offense whatsoever;

(C) [Repealed.]

(D) Habitual intemperance;

(E) Being habitually addicted to the use of morphine, opium, cocaine, or other drugs for other use than legal and legitimate purposes;

(F) Advertising in a false, fraudulent, deceptive, or misleading manner;

(G) Becoming physically or mentally incompetent to practice podiatric medicine as to endanger the public; or

(H) Gross negligence or malpractice.

Amended by Act 2019, No. 990,§ 104, eff. 7/24/2019.

Acts 1923, No. 610, § 7; 1937, No. 187, § 3; Pope's Dig., §§ 10851, 12116; Acts 1973, No. 31, § 5; 1983, No. 429, § 7; A.S.A. 1947, § 72-307; Acts 1997, No. 966, § 12.