Ark. Code Ann. § 17-92-101 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-101
Definitions
Status: in_force

As used in this chapter: (1) "Biological product" means a biological product as defined by 42 U.S.C. § 262(i)(1) , as it existed on January 1, 2019; (2) "Credentialing" means the issuance of or approval by the Arkansas State Board of Pharmacy of a credential issued to a pharmacist by an agency approved by the Arkansas State Board of Pharmacy certifying that the pharmacist has met the standards of competency established by the Arkansas State Board of Pharmacy for pharmacy services necessitating a credential; (3) "Dentist" means a practitioner of dentistry duly licensed under the laws of this or some other state; (4) (A) "Disease state management" means a strategy that utilizes a team-oriented, multidisciplinary approach to improve healthcare outcomes and quality of care, and when possible, to control healthcare cost through management of targeted chronic disease states. (B) Disease state management focuses on improving health care from prevention to diagnosis and treatment to ongoing follow-up. (C) Disease state management will involve, but not be limited to, patient education, self-care techniques, and outpatient drug therapy management pursuant to a patient care plan; (5) "Drug" shall include all medicines and preparations recognized in the United States Pharmacopeia - National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either man or other animals; (6) "Generically equivalent" means a drug that is pharmaceutically and therapeutically equivalent to the drug prescribed; (7) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS); (8) "Interchangeable biological product" means a biological product that is interchangeable as defined by 42 U.S.C. § 262(i)(3) , as it existed on January 1, 2019; (9) (A) "Licensed pharmacist" means a person holding a license under the provisions of this chapter. (B) A "licensed pharmacist" shall be considered an individual healthcare provider; (10) "Medicine" means a drug or preparation of drugs in suitable form for use as a curative or remedial substance; (11) "Optometrist" means a practitioner of optometry duly licensed under the laws of this state; (12) "Patient care plan" means a written course of action that is patient- or physician- or pharmacist-specific and disease-specific for helping a patient to achieve outcomes that improve a patient's quality of life; (13) "Pharmaceutically equivalent" means drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical, compendious, or other applicable standards of strength, quality, and purity according to the United States Pharmacopeia - National Formulary or another nationally recognized compendium; (14) "Pharmacy" means the place licensed by the Arkansas State Board of Pharmacy in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail; (15) "Pharmacy care" means the process by which a pharmacist in consultation with the prescribing practitioner identifies, resolves, and prevents potential and actual drug-related problems and optimizes patient therapy outcomes through the responsible provision of drug therapy or disease state management for the purpose of achieving any of the following definite outcomes that improve a patient's quality of life: (A) Cure of disease; (B) Elimination or reduction of a patient's symptomology; (C) Arresting or slowing a disease process; or (D) Preventing a disease or symptomology; (16) "Physician" means a practitioner of medicine duly licensed under the laws of this or some other state; (17) "Poisons" means any drug, chemical, medicine, or preparation liable to be destructive to adult human life in quantities of sixty (60) grains or less; (18) (A) "Practice of pharmacy" means the healthcare provider profession of: (i) (a) Dispensing, selling, distributing, transferring possession of, vending, bartering, or, in accordance with rules adopted by the Arkansas State Board of Pharmacy, administering drugs, medicines, poisons, or chemicals that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription and order of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. (b) Except as limited by rules adopted by the Arkansas State Board of Pharmacy, a pharmacist has the ability to administer medications. (c) A pharmacist may prescribe, administer, deliver, distribute, or dispense medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations to or for a person three (3) years of age or older. (d) A pharmacist who prescribes and administers vaccines and immunizations other than for influenza or coronavirus 2019 (COVID-19) to a person who is three (3) years of age to six (6) years of age shall: (1) Participate in the federal Vaccines for Children Program; and (2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly. (e) (1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol. (2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable. (f) A general written protocol and patient-specific orders or prescriptions under subdivision (18)(A)(i) (e) of this section shall be from a physician licensed by the Arkansas State Medical Board and practicing in Arkansas or within fifty (50) miles of the Arkansas border. (g) Under a statewide protocol, a pharmacist may initiate therapy and administer or dispense, or both, drugs that include Naloxone, nicotine replacement therapy products, oral contraceptives, HIV pre-exposure prophylaxis, and HIV post-exposure prophylaxis; (ii) Placing, packing, pouring, or putting into a container for dispensing, sale, distribution, transfer of, possession of, vending, or bartering any drug, medicine, poison, or chemical that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals; (iii) Placing in or affixing upon any container described in subdivision (18)(A)(ii) of this section a label required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (iv) Preparing, typing, or writing labels to be placed in or affixed on any container described in subdivision (18)(A)(ii) of this section, which label is required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (v) Interpreting prescriptions for drugs, medicines, poisons, or chemicals issued by practitioners authorized by law to prescribe drugs, medicines, poisons, or chemicals that may be sold or dispensed only on prescription; (vi) Selecting, taking from, and replacing upon shelves in the prescription department of a pharmacy or apothecary drugs, medicines, chemicals, or poisons that are required by the laws of the United States or the State of Arkansas to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them; (vii) Compounding, mixing, preparing, or combining drugs, medicines, chemicals, or poisons that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe them; (viii) Advising and providing information concerning utilization of drugs and devices and participation in drug utilization reviews; (ix) (a) Performing a specific act of drug therapy management or disease state management delegated to a pharmacist for an individual patient based upon a written protocol or a patient care plan approved by a physician, who shall be licensed in this state under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Drug therapy management shall not include the selection of drug products not prescribed by the physician unless the drug products are either named in the physician-initiated protocol or the physician-approved patient care plan; (x) (a) Providing pharmacy care. (b) A pharmacist may treat the following conditions within the framework of a statewide written protocol: (1) Influenza; (2) Pharyngitis caused by streptococcus A; or (3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board. (c) A pharmacist shall only treat conditions for which the pharmacist has tested and that are approved under subdivision (18)(A)(x) (b) of this section. (d) (1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision. (2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication. (3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021. (e) A pharmacist may write a prescription for over-the-counter medications, supplies, and devices; and (xi) Providing pharmacokinetic services. (B) The provisions of subdivisions (18)(A) and (18)(C) of this section shall not apply to employees of wholesale drug companies or other drug distributors who do not fill prescriptions or sell or dispense drugs to the consumer. (C) (i) The Arkansas State Board of Pharmacy may permit pharmacy technicians other than pharmacists or interns to perform some or all of those functions described in Arkansas State Board of Pharmacy rules under the direct, personal supervision of a licensed pharmacist under rules defining the minimum qualifications of such employees, the ratio of pharmacy technicians to supervising pharmacists, and the scope of the duties, practices, and procedures that the Arkansas State Board of Pharmacy determines will promote the delivery of competent, professional pharmaceutical services and promote the public health and welfare. (ii) A pharmacy technician may administer vaccines and immunizations to a person three (3) years of age or older if delegated to do so by a supervising pharmacist, but may not administer other medications. (iii) The conduct of a pharmacy technician is the responsibility of the pharmacist-in-charge and supervising pharmacist of the pharmacy who shall not permit the employee to perform any act, task, or function that involves the exercise of independent judgment by the employee. (iv) Pharmacy products prepared by pharmacy technicians shall be verified for accuracy by the supervising pharmacist before release for patient use, and the verification shall be documented. (v) The use of pharmacy technicians in a manner not authorized by this chapter or rules promulgated hereunder shall be unprofessional conduct by the pharmacist-in-charge and the supervising pharmacist. (vi) It is recognized that hospital pharmacy technicians as defined in § 17-92-602(4) are governed by the Hospital Pharmacies Act, § 17-92-601 et seq., and related Arkansas State Board of Pharmacy rules developed under the Hospital Pharmacies Act, § 17-92-601 et seq.; (19) (A) (i) "Prescription" means an order for medicine or medicines usually written as a formula by a physician, optometrist, dentist, veterinarian, or other licensed medicinal practitioner. (ii) A prescription contains the names and quantities of the desired substance, with instructions to the pharmacist for its preparation and to the patient for the use of the medicine at a particular time and may authorize the pharmacist to substitute a therapeutically equivalent drug that is at an equal or lower cost to the patient and communicate that authorization by any generally accepted means of communication of a prescription from a prescriber to a pharmacist. (B) (i) A pharmacist whose practice is located within this state may substitute one (1) medication for a therapeutically equivalent medication. (ii) However, a pharmacist shall not substitute one (1) medication for a therapeutically equivalent medication if: (a) A prescription is in writing and the prescriber indicates in his or her own handwriting by name or initial that no substitution is to be made; (b) A prescription is not in writing and the prescriber expressly indicates that the prescription is to be dispensed as communicated; or (c) The Arkansas State Board of Pharmacy has determined that a therapeutically equivalent medication should not be substituted and has notified all pharmacists of that determination. (C) (i) Before dispensing, the pharmacist shall discuss verbally any suggested substitution with the patient and inform the patient that the patient has a right to refuse the substitution. (ii) The discussion under subdivision (19)(C)(i) of this section shall include without limitation: (a) Notification to the patient that the therapeutically equivalent drug does not contain the identical active ingredient present in the prescribed drug; and (b) All differences in dosage and frequency between the prescribed drug and the therapeutically equivalent drug. (D) The pharmacist shall send notice of the substitution to the prescriber in writing or by electronic communication within twenty-four (24) hours after the drug is dispensed to the patient. (E) Subdivision (19)(B) of this section does not apply to specific acts of drug therapy management or disease state management delegated to a pharmacist based upon a written protocol or patient care plan approved by a physician under subdivision (18)(A)(ix) of this section; (20) "Proprietary medicines", when not otherwise limited, means remedies that a certain individual or individuals have the exclusive right to manufacture or sell; (21) "Statewide protocol" means a standardized procedure or protocol approved by the Arkansas State Board of Pharmacy and the Arkansas State Medical Board authorizing a pharmacist to initiate therapy and administer or dispense, or both, a drug or device; (22) "Supervision" means under the direct charge or direction of and does not contemplate any continued absence of such supervision; (23) "Therapeutic class" means a group of similar drug products that have the same or similar mechanisms of action and are used to treat a specific condition; (24) "Therapeutically equivalent" means drug products from the same therapeutic class that if administered in appropriate amounts will provide the same therapeutic effect, identical in duration and intensity; (25) "Veterinarian" means a practitioner of veterinary medicine duly licensed under the laws of this or some other state; and (26) "Written protocol" means a physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Arkansas State Medical Board under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Amended by Act 2023, No. 314,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 314,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 503,§ 3, eff. 1/1/2022. Amended by Act 2021, No. 503,§ 2, eff. 1/1/2022. Amended by Act 2021, No. 408,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 407,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 406,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 63,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1570, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1569, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1568, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1567, eff. 7/24/2019. Amended by Act 2019, No. 652,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 651,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 637,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 43, eff. 7/24/2019. Amended by Act 2017, No. 284,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 284,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 284,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 536,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 274,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 274,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 274,§ 1, eff. 8/16/2013. Acts 1929, No. 72, § 1; Pope's Dig., § 4624; Acts 1955, No. 57, preliminary section; 1971, No. 26, §§ 1, 3; 1983, No. 511, §§ 2, 13; 1985, No. 616, § 2; A.S.A. 1947, §§ 72-1001, 72-1001.1, 72-1044, 72-1046; Acts 1987, No. 101, § 3; 1991, No. 740, § 1; 1997, No. 437, §§ 1, 2; 1997, No. 1204, §§ 1, 2; 1999, No. 105, §§ 1-5; 2001, No. 801, § 1; 2001, No. 910, § 1; 2003, No. 1473, § 34; 2009, No. 355, § 1; 2011, No. 147, § 1.

As used in this chapter:

(1) "Biological product" means a biological product as defined by 42 U.S.C. § 262(i)(1) , as it existed on January 1, 2019;

(2) "Credentialing" means the issuance of or approval by the Arkansas State Board of Pharmacy of a credential issued to a pharmacist by an agency approved by the Arkansas State Board of Pharmacy certifying that the pharmacist has met the standards of competency established by the Arkansas State Board of Pharmacy for pharmacy services necessitating a credential;

(3) "Dentist" means a practitioner of dentistry duly licensed under the laws of this or some other state;

(4) (A) "Disease state management" means a strategy that utilizes a team-oriented, multidisciplinary approach to improve healthcare outcomes and quality of care, and when possible, to control healthcare cost through management of targeted chronic disease states. (B) Disease state management focuses on improving health care from prevention to diagnosis and treatment to ongoing follow-up. (C) Disease state management will involve, but not be limited to, patient education, self-care techniques, and outpatient drug therapy management pursuant to a patient care plan;

(A) "Disease state management" means a strategy that utilizes a team-oriented, multidisciplinary approach to improve healthcare outcomes and quality of care, and when possible, to control healthcare cost through management of targeted chronic disease states.

(B) Disease state management focuses on improving health care from prevention to diagnosis and treatment to ongoing follow-up.

(C) Disease state management will involve, but not be limited to, patient education, self-care techniques, and outpatient drug therapy management pursuant to a patient care plan;

(5) "Drug" shall include all medicines and preparations recognized in the United States Pharmacopeia - National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either man or other animals;

(6) "Generically equivalent" means a drug that is pharmaceutically and therapeutically equivalent to the drug prescribed;

(7) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome (AIDS);

(8) "Interchangeable biological product" means a biological product that is interchangeable as defined by 42 U.S.C. § 262(i)(3) , as it existed on January 1, 2019;

(9) (A) "Licensed pharmacist" means a person holding a license under the provisions of this chapter. (B) A "licensed pharmacist" shall be considered an individual healthcare provider;

(A) "Licensed pharmacist" means a person holding a license under the provisions of this chapter.

(B) A "licensed pharmacist" shall be considered an individual healthcare provider;

(10) "Medicine" means a drug or preparation of drugs in suitable form for use as a curative or remedial substance;

(11) "Optometrist" means a practitioner of optometry duly licensed under the laws of this state;

(12) "Patient care plan" means a written course of action that is patient- or physician- or pharmacist-specific and disease-specific for helping a patient to achieve outcomes that improve a patient's quality of life;

(13) "Pharmaceutically equivalent" means drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical, compendious, or other applicable standards of strength, quality, and purity according to the United States Pharmacopeia - National Formulary or another nationally recognized compendium;

(14) "Pharmacy" means the place licensed by the Arkansas State Board of Pharmacy in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail;

(15) "Pharmacy care" means the process by which a pharmacist in consultation with the prescribing practitioner identifies, resolves, and prevents potential and actual drug-related problems and optimizes patient therapy outcomes through the responsible provision of drug therapy or disease state management for the purpose of achieving any of the following definite outcomes that improve a patient's quality of life: (A) Cure of disease; (B) Elimination or reduction of a patient's symptomology; (C) Arresting or slowing a disease process; or (D) Preventing a disease or symptomology;

(A) Cure of disease;

(B) Elimination or reduction of a patient's symptomology;

(C) Arresting or slowing a disease process; or

(D) Preventing a disease or symptomology;

(16) "Physician" means a practitioner of medicine duly licensed under the laws of this or some other state;

(17) "Poisons" means any drug, chemical, medicine, or preparation liable to be destructive to adult human life in quantities of sixty (60) grains or less;

(18) (A) "Practice of pharmacy" means the healthcare provider profession of: (i) (a) Dispensing, selling, distributing, transferring possession of, vending, bartering, or, in accordance with rules adopted by the Arkansas State Board of Pharmacy, administering drugs, medicines, poisons, or chemicals that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription and order of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. (b) Except as limited by rules adopted by the Arkansas State Board of Pharmacy, a pharmacist has the ability to administer medications. (c) A pharmacist may prescribe, administer, deliver, distribute, or dispense medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations to or for a person three (3) years of age or older. (d) A pharmacist who prescribes and administers vaccines and immunizations other than for influenza or coronavirus 2019 (COVID-19) to a person who is three (3) years of age to six (6) years of age shall: (1) Participate in the federal Vaccines for Children Program; and (2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly. (e) (1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol. (2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable. (f) A general written protocol and patient-specific orders or prescriptions under subdivision (18)(A)(i) (e) of this section shall be from a physician licensed by the Arkansas State Medical Board and practicing in Arkansas or within fifty (50) miles of the Arkansas border. (g) Under a statewide protocol, a pharmacist may initiate therapy and administer or dispense, or both, drugs that include Naloxone, nicotine replacement therapy products, oral contraceptives, HIV pre-exposure prophylaxis, and HIV post-exposure prophylaxis; (ii) Placing, packing, pouring, or putting into a container for dispensing, sale, distribution, transfer of, possession of, vending, or bartering any drug, medicine, poison, or chemical that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals; (iii) Placing in or affixing upon any container described in subdivision (18)(A)(ii) of this section a label required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (iv) Preparing, typing, or writing labels to be placed in or affixed on any container described in subdivision (18)(A)(ii) of this section, which label is required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (v) Interpreting prescriptions for drugs, medicines, poisons, or chemicals issued by practitioners authorized by law to prescribe drugs, medicines, poisons, or chemicals that may be sold or dispensed only on prescription; (vi) Selecting, taking from, and replacing upon shelves in the prescription department of a pharmacy or apothecary drugs, medicines, chemicals, or poisons that are required by the laws of the United States or the State of Arkansas to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them; (vii) Compounding, mixing, preparing, or combining drugs, medicines, chemicals, or poisons that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe them; (viii) Advising and providing information concerning utilization of drugs and devices and participation in drug utilization reviews; (ix) (a) Performing a specific act of drug therapy management or disease state management delegated to a pharmacist for an individual patient based upon a written protocol or a patient care plan approved by a physician, who shall be licensed in this state under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Drug therapy management shall not include the selection of drug products not prescribed by the physician unless the drug products are either named in the physician-initiated protocol or the physician-approved patient care plan; (x) (a) Providing pharmacy care. (b) A pharmacist may treat the following conditions within the framework of a statewide written protocol: (1) Influenza; (2) Pharyngitis caused by streptococcus A; or (3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board. (c) A pharmacist shall only treat conditions for which the pharmacist has tested and that are approved under subdivision (18)(A)(x) (b) of this section. (d) (1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision. (2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication. (3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021. (e) A pharmacist may write a prescription for over-the-counter medications, supplies, and devices; and (xi) Providing pharmacokinetic services. (B) The provisions of subdivisions (18)(A) and (18)(C) of this section shall not apply to employees of wholesale drug companies or other drug distributors who do not fill prescriptions or sell or dispense drugs to the consumer. (C) (i) The Arkansas State Board of Pharmacy may permit pharmacy technicians other than pharmacists or interns to perform some or all of those functions described in Arkansas State Board of Pharmacy rules under the direct, personal supervision of a licensed pharmacist under rules defining the minimum qualifications of such employees, the ratio of pharmacy technicians to supervising pharmacists, and the scope of the duties, practices, and procedures that the Arkansas State Board of Pharmacy determines will promote the delivery of competent, professional pharmaceutical services and promote the public health and welfare. (ii) A pharmacy technician may administer vaccines and immunizations to a person three (3) years of age or older if delegated to do so by a supervising pharmacist, but may not administer other medications. (iii) The conduct of a pharmacy technician is the responsibility of the pharmacist-in-charge and supervising pharmacist of the pharmacy who shall not permit the employee to perform any act, task, or function that involves the exercise of independent judgment by the employee. (iv) Pharmacy products prepared by pharmacy technicians shall be verified for accuracy by the supervising pharmacist before release for patient use, and the verification shall be documented. (v) The use of pharmacy technicians in a manner not authorized by this chapter or rules promulgated hereunder shall be unprofessional conduct by the pharmacist-in-charge and the supervising pharmacist. (vi) It is recognized that hospital pharmacy technicians as defined in § 17-92-602(4) are governed by the Hospital Pharmacies Act, § 17-92-601 et seq., and related Arkansas State Board of Pharmacy rules developed under the Hospital Pharmacies Act, § 17-92-601 et seq.;

(A) "Practice of pharmacy" means the healthcare provider profession of: (i) (a) Dispensing, selling, distributing, transferring possession of, vending, bartering, or, in accordance with rules adopted by the Arkansas State Board of Pharmacy, administering drugs, medicines, poisons, or chemicals that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription and order of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. (b) Except as limited by rules adopted by the Arkansas State Board of Pharmacy, a pharmacist has the ability to administer medications. (c) A pharmacist may prescribe, administer, deliver, distribute, or dispense medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations to or for a person three (3) years of age or older. (d) A pharmacist who prescribes and administers vaccines and immunizations other than for influenza or coronavirus 2019 (COVID-19) to a person who is three (3) years of age to six (6) years of age shall: (1) Participate in the federal Vaccines for Children Program; and (2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly. (e) (1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol. (2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable. (f) A general written protocol and patient-specific orders or prescriptions under subdivision (18)(A)(i) (e) of this section shall be from a physician licensed by the Arkansas State Medical Board and practicing in Arkansas or within fifty (50) miles of the Arkansas border. (g) Under a statewide protocol, a pharmacist may initiate therapy and administer or dispense, or both, drugs that include Naloxone, nicotine replacement therapy products, oral contraceptives, HIV pre-exposure prophylaxis, and HIV post-exposure prophylaxis; (ii) Placing, packing, pouring, or putting into a container for dispensing, sale, distribution, transfer of, possession of, vending, or bartering any drug, medicine, poison, or chemical that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals; (iii) Placing in or affixing upon any container described in subdivision (18)(A)(ii) of this section a label required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (iv) Preparing, typing, or writing labels to be placed in or affixed on any container described in subdivision (18)(A)(ii) of this section, which label is required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals; (v) Interpreting prescriptions for drugs, medicines, poisons, or chemicals issued by practitioners authorized by law to prescribe drugs, medicines, poisons, or chemicals that may be sold or dispensed only on prescription; (vi) Selecting, taking from, and replacing upon shelves in the prescription department of a pharmacy or apothecary drugs, medicines, chemicals, or poisons that are required by the laws of the United States or the State of Arkansas to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them; (vii) Compounding, mixing, preparing, or combining drugs, medicines, chemicals, or poisons that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe them; (viii) Advising and providing information concerning utilization of drugs and devices and participation in drug utilization reviews; (ix) (a) Performing a specific act of drug therapy management or disease state management delegated to a pharmacist for an individual patient based upon a written protocol or a patient care plan approved by a physician, who shall be licensed in this state under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Drug therapy management shall not include the selection of drug products not prescribed by the physician unless the drug products are either named in the physician-initiated protocol or the physician-approved patient care plan; (x) (a) Providing pharmacy care. (b) A pharmacist may treat the following conditions within the framework of a statewide written protocol: (1) Influenza; (2) Pharyngitis caused by streptococcus A; or (3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board. (c) A pharmacist shall only treat conditions for which the pharmacist has tested and that are approved under subdivision (18)(A)(x) (b) of this section. (d) (1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision. (2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication. (3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021. (e) A pharmacist may write a prescription for over-the-counter medications, supplies, and devices; and (xi) Providing pharmacokinetic services.

(i) (a) Dispensing, selling, distributing, transferring possession of, vending, bartering, or, in accordance with rules adopted by the Arkansas State Board of Pharmacy, administering drugs, medicines, poisons, or chemicals that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription and order of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals. (b) Except as limited by rules adopted by the Arkansas State Board of Pharmacy, a pharmacist has the ability to administer medications. (c) A pharmacist may prescribe, administer, deliver, distribute, or dispense medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations to or for a person three (3) years of age or older. (d) A pharmacist who prescribes and administers vaccines and immunizations other than for influenza or coronavirus 2019 (COVID-19) to a person who is three (3) years of age to six (6) years of age shall: (1) Participate in the federal Vaccines for Children Program; and (2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly. (e) (1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol. (2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable. (f) A general written protocol and patient-specific orders or prescriptions under subdivision (18)(A)(i) (e) of this section shall be from a physician licensed by the Arkansas State Medical Board and practicing in Arkansas or within fifty (50) miles of the Arkansas border. (g) Under a statewide protocol, a pharmacist may initiate therapy and administer or dispense, or both, drugs that include Naloxone, nicotine replacement therapy products, oral contraceptives, HIV pre-exposure prophylaxis, and HIV post-exposure prophylaxis;

(a) Dispensing, selling, distributing, transferring possession of, vending, bartering, or, in accordance with rules adopted by the Arkansas State Board of Pharmacy, administering drugs, medicines, poisons, or chemicals that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription and order of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals.

(b) Except as limited by rules adopted by the Arkansas State Board of Pharmacy, a pharmacist has the ability to administer medications.

(c) A pharmacist may prescribe, administer, deliver, distribute, or dispense medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations to or for a person three (3) years of age or older.

(d) A pharmacist who prescribes and administers vaccines and immunizations other than for influenza or coronavirus 2019 (COVID-19) to a person who is three (3) years of age to six (6) years of age shall: (1) Participate in the federal Vaccines for Children Program; and (2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly.

(1) Participate in the federal Vaccines for Children Program; and

(2) Inform the person who is three (3) years of age to six (6) years of age and adult caregivers accompanying the person who is three (3) years of age to six (6) years of age of the importance of a well-child visit with a pediatrician or other licensed primary care provider and recommend a well-child visit at least yearly.

(e) (1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol. (2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable.

(1) A pharmacist may administer medications other than medications that treat adverse reactions associated with the administration of vaccines and immunizations, vaccines, and immunizations under a patient-specific order or prescription or general written protocol.

(2) The administration of the medication under subdivision (18)(A)(i) (e)(1) of this section is subject to reporting to the prescribing physician, if applicable.

(f) A general written protocol and patient-specific orders or prescriptions under subdivision (18)(A)(i) (e) of this section shall be from a physician licensed by the Arkansas State Medical Board and practicing in Arkansas or within fifty (50) miles of the Arkansas border.

(g) Under a statewide protocol, a pharmacist may initiate therapy and administer or dispense, or both, drugs that include Naloxone, nicotine replacement therapy products, oral contraceptives, HIV pre-exposure prophylaxis, and HIV post-exposure prophylaxis;

(ii) Placing, packing, pouring, or putting into a container for dispensing, sale, distribution, transfer of, possession of, vending, or bartering any drug, medicine, poison, or chemical that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe drugs, medicines, poisons, or chemicals;

(iii) Placing in or affixing upon any container described in subdivision (18)(A)(ii) of this section a label required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals;

(iv) Preparing, typing, or writing labels to be placed in or affixed on any container described in subdivision (18)(A)(ii) of this section, which label is required to be placed upon drugs, medicines, poisons, or chemicals sold or dispensed upon prescription of a practitioner authorized by law to prescribe those drugs, medicines, poisons, or chemicals;

(v) Interpreting prescriptions for drugs, medicines, poisons, or chemicals issued by practitioners authorized by law to prescribe drugs, medicines, poisons, or chemicals that may be sold or dispensed only on prescription;

(vi) Selecting, taking from, and replacing upon shelves in the prescription department of a pharmacy or apothecary drugs, medicines, chemicals, or poisons that are required by the laws of the United States or the State of Arkansas to be sold or dispensed only on prescription of a practitioner authorized by law to prescribe them;

(vii) Compounding, mixing, preparing, or combining drugs, medicines, chemicals, or poisons that under the laws of the United States or the State of Arkansas may be sold or dispensed only on the prescription of a practitioner authorized by law to prescribe them;

(viii) Advising and providing information concerning utilization of drugs and devices and participation in drug utilization reviews;

(ix) (a) Performing a specific act of drug therapy management or disease state management delegated to a pharmacist for an individual patient based upon a written protocol or a patient care plan approved by a physician, who shall be licensed in this state under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Drug therapy management shall not include the selection of drug products not prescribed by the physician unless the drug products are either named in the physician-initiated protocol or the physician-approved patient care plan;

(a) Performing a specific act of drug therapy management or disease state management delegated to a pharmacist for an individual patient based upon a written protocol or a patient care plan approved by a physician, who shall be licensed in this state under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) Drug therapy management shall not include the selection of drug products not prescribed by the physician unless the drug products are either named in the physician-initiated protocol or the physician-approved patient care plan;

(x) (a) Providing pharmacy care. (b) A pharmacist may treat the following conditions within the framework of a statewide written protocol: (1) Influenza; (2) Pharyngitis caused by streptococcus A; or (3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board. (c) A pharmacist shall only treat conditions for which the pharmacist has tested and that are approved under subdivision (18)(A)(x) (b) of this section. (d) (1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision. (2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication. (3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021. (e) A pharmacist may write a prescription for over-the-counter medications, supplies, and devices; and

(a) Providing pharmacy care.

(b) A pharmacist may treat the following conditions within the framework of a statewide written protocol: (1) Influenza; (2) Pharyngitis caused by streptococcus A; or (3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board.

(1) Influenza;

(2) Pharyngitis caused by streptococcus A; or

(3) Other health conditions that can be screened utilizing the waived test under the Clinical Laboratory Improvement Amendments of 1988, that may be adopted by rule of the Arkansas State Board of Pharmacy, in consultation with and upon approval of the Arkansas State Medical Board.

(c) A pharmacist shall only treat conditions for which the pharmacist has tested and that are approved under subdivision (18)(A)(x) (b) of this section.

(d) (1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision. (2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication. (3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021.

(1) The Arkansas State Board of Pharmacy, with consultation and upon approval of the Arkansas State Medical Board, shall adopt by rule: (A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and (B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision.

(A) A formulary of medicinal drugs that a pharmacist may prescribe for treatment of conditions listed in subdivision (18)(A)(x) (b) of this section; and

(B) A written statewide protocol for conditions listed in subdivision (18)(A)(x) (b) of this section, which shall include without limitation the age of people that can be treated and medications to be used to treat people under this subdivision.

(2) The formulary shall include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of these conditions, including without limitation any over-the-counter medication.

(3) The formulary shall not include any controlled substance in Schedules I - IV or 21 U.S.C. § 812 , as existing on January 1, 2021.

(e) A pharmacist may write a prescription for over-the-counter medications, supplies, and devices; and

(xi) Providing pharmacokinetic services.

(B) The provisions of subdivisions (18)(A) and (18)(C) of this section shall not apply to employees of wholesale drug companies or other drug distributors who do not fill prescriptions or sell or dispense drugs to the consumer.

(C) (i) The Arkansas State Board of Pharmacy may permit pharmacy technicians other than pharmacists or interns to perform some or all of those functions described in Arkansas State Board of Pharmacy rules under the direct, personal supervision of a licensed pharmacist under rules defining the minimum qualifications of such employees, the ratio of pharmacy technicians to supervising pharmacists, and the scope of the duties, practices, and procedures that the Arkansas State Board of Pharmacy determines will promote the delivery of competent, professional pharmaceutical services and promote the public health and welfare. (ii) A pharmacy technician may administer vaccines and immunizations to a person three (3) years of age or older if delegated to do so by a supervising pharmacist, but may not administer other medications. (iii) The conduct of a pharmacy technician is the responsibility of the pharmacist-in-charge and supervising pharmacist of the pharmacy who shall not permit the employee to perform any act, task, or function that involves the exercise of independent judgment by the employee. (iv) Pharmacy products prepared by pharmacy technicians shall be verified for accuracy by the supervising pharmacist before release for patient use, and the verification shall be documented. (v) The use of pharmacy technicians in a manner not authorized by this chapter or rules promulgated hereunder shall be unprofessional conduct by the pharmacist-in-charge and the supervising pharmacist. (vi) It is recognized that hospital pharmacy technicians as defined in § 17-92-602(4) are governed by the Hospital Pharmacies Act, § 17-92-601 et seq., and related Arkansas State Board of Pharmacy rules developed under the Hospital Pharmacies Act, § 17-92-601 et seq.;

(i) The Arkansas State Board of Pharmacy may permit pharmacy technicians other than pharmacists or interns to perform some or all of those functions described in Arkansas State Board of Pharmacy rules under the direct, personal supervision of a licensed pharmacist under rules defining the minimum qualifications of such employees, the ratio of pharmacy technicians to supervising pharmacists, and the scope of the duties, practices, and procedures that the Arkansas State Board of Pharmacy determines will promote the delivery of competent, professional pharmaceutical services and promote the public health and welfare.

(ii) A pharmacy technician may administer vaccines and immunizations to a person three (3) years of age or older if delegated to do so by a supervising pharmacist, but may not administer other medications.

(iii) The conduct of a pharmacy technician is the responsibility of the pharmacist-in-charge and supervising pharmacist of the pharmacy who shall not permit the employee to perform any act, task, or function that involves the exercise of independent judgment by the employee.

(iv) Pharmacy products prepared by pharmacy technicians shall be verified for accuracy by the supervising pharmacist before release for patient use, and the verification shall be documented.

(v) The use of pharmacy technicians in a manner not authorized by this chapter or rules promulgated hereunder shall be unprofessional conduct by the pharmacist-in-charge and the supervising pharmacist.

(vi) It is recognized that hospital pharmacy technicians as defined in § 17-92-602(4) are governed by the Hospital Pharmacies Act, § 17-92-601 et seq., and related Arkansas State Board of Pharmacy rules developed under the Hospital Pharmacies Act, § 17-92-601 et seq.;

(19) (A) (i) "Prescription" means an order for medicine or medicines usually written as a formula by a physician, optometrist, dentist, veterinarian, or other licensed medicinal practitioner. (ii) A prescription contains the names and quantities of the desired substance, with instructions to the pharmacist for its preparation and to the patient for the use of the medicine at a particular time and may authorize the pharmacist to substitute a therapeutically equivalent drug that is at an equal or lower cost to the patient and communicate that authorization by any generally accepted means of communication of a prescription from a prescriber to a pharmacist. (B) (i) A pharmacist whose practice is located within this state may substitute one (1) medication for a therapeutically equivalent medication. (ii) However, a pharmacist shall not substitute one (1) medication for a therapeutically equivalent medication if: (a) A prescription is in writing and the prescriber indicates in his or her own handwriting by name or initial that no substitution is to be made; (b) A prescription is not in writing and the prescriber expressly indicates that the prescription is to be dispensed as communicated; or (c) The Arkansas State Board of Pharmacy has determined that a therapeutically equivalent medication should not be substituted and has notified all pharmacists of that determination. (C) (i) Before dispensing, the pharmacist shall discuss verbally any suggested substitution with the patient and inform the patient that the patient has a right to refuse the substitution. (ii) The discussion under subdivision (19)(C)(i) of this section shall include without limitation: (a) Notification to the patient that the therapeutically equivalent drug does not contain the identical active ingredient present in the prescribed drug; and (b) All differences in dosage and frequency between the prescribed drug and the therapeutically equivalent drug. (D) The pharmacist shall send notice of the substitution to the prescriber in writing or by electronic communication within twenty-four (24) hours after the drug is dispensed to the patient. (E) Subdivision (19)(B) of this section does not apply to specific acts of drug therapy management or disease state management delegated to a pharmacist based upon a written protocol or patient care plan approved by a physician under subdivision (18)(A)(ix) of this section;

(A) (i) "Prescription" means an order for medicine or medicines usually written as a formula by a physician, optometrist, dentist, veterinarian, or other licensed medicinal practitioner. (ii) A prescription contains the names and quantities of the desired substance, with instructions to the pharmacist for its preparation and to the patient for the use of the medicine at a particular time and may authorize the pharmacist to substitute a therapeutically equivalent drug that is at an equal or lower cost to the patient and communicate that authorization by any generally accepted means of communication of a prescription from a prescriber to a pharmacist.

(i) "Prescription" means an order for medicine or medicines usually written as a formula by a physician, optometrist, dentist, veterinarian, or other licensed medicinal practitioner.

(ii) A prescription contains the names and quantities of the desired substance, with instructions to the pharmacist for its preparation and to the patient for the use of the medicine at a particular time and may authorize the pharmacist to substitute a therapeutically equivalent drug that is at an equal or lower cost to the patient and communicate that authorization by any generally accepted means of communication of a prescription from a prescriber to a pharmacist.

(B) (i) A pharmacist whose practice is located within this state may substitute one (1) medication for a therapeutically equivalent medication. (ii) However, a pharmacist shall not substitute one (1) medication for a therapeutically equivalent medication if: (a) A prescription is in writing and the prescriber indicates in his or her own handwriting by name or initial that no substitution is to be made; (b) A prescription is not in writing and the prescriber expressly indicates that the prescription is to be dispensed as communicated; or (c) The Arkansas State Board of Pharmacy has determined that a therapeutically equivalent medication should not be substituted and has notified all pharmacists of that determination.

(i) A pharmacist whose practice is located within this state may substitute one (1) medication for a therapeutically equivalent medication.

(ii) However, a pharmacist shall not substitute one (1) medication for a therapeutically equivalent medication if: (a) A prescription is in writing and the prescriber indicates in his or her own handwriting by name or initial that no substitution is to be made; (b) A prescription is not in writing and the prescriber expressly indicates that the prescription is to be dispensed as communicated; or (c) The Arkansas State Board of Pharmacy has determined that a therapeutically equivalent medication should not be substituted and has notified all pharmacists of that determination.

(a) A prescription is in writing and the prescriber indicates in his or her own handwriting by name or initial that no substitution is to be made;

(b) A prescription is not in writing and the prescriber expressly indicates that the prescription is to be dispensed as communicated; or

(c) The Arkansas State Board of Pharmacy has determined that a therapeutically equivalent medication should not be substituted and has notified all pharmacists of that determination.

(C) (i) Before dispensing, the pharmacist shall discuss verbally any suggested substitution with the patient and inform the patient that the patient has a right to refuse the substitution. (ii) The discussion under subdivision (19)(C)(i) of this section shall include without limitation: (a) Notification to the patient that the therapeutically equivalent drug does not contain the identical active ingredient present in the prescribed drug; and (b) All differences in dosage and frequency between the prescribed drug and the therapeutically equivalent drug.

(i) Before dispensing, the pharmacist shall discuss verbally any suggested substitution with the patient and inform the patient that the patient has a right to refuse the substitution.

(ii) The discussion under subdivision (19)(C)(i) of this section shall include without limitation: (a) Notification to the patient that the therapeutically equivalent drug does not contain the identical active ingredient present in the prescribed drug; and (b) All differences in dosage and frequency between the prescribed drug and the therapeutically equivalent drug.

(a) Notification to the patient that the therapeutically equivalent drug does not contain the identical active ingredient present in the prescribed drug; and

(b) All differences in dosage and frequency between the prescribed drug and the therapeutically equivalent drug.

(D) The pharmacist shall send notice of the substitution to the prescriber in writing or by electronic communication within twenty-four (24) hours after the drug is dispensed to the patient.

(E) Subdivision (19)(B) of this section does not apply to specific acts of drug therapy management or disease state management delegated to a pharmacist based upon a written protocol or patient care plan approved by a physician under subdivision (18)(A)(ix) of this section;

(20) "Proprietary medicines", when not otherwise limited, means remedies that a certain individual or individuals have the exclusive right to manufacture or sell;

(21) "Statewide protocol" means a standardized procedure or protocol approved by the Arkansas State Board of Pharmacy and the Arkansas State Medical Board authorizing a pharmacist to initiate therapy and administer or dispense, or both, a drug or device;

(22) "Supervision" means under the direct charge or direction of and does not contemplate any continued absence of such supervision;

(23) "Therapeutic class" means a group of similar drug products that have the same or similar mechanisms of action and are used to treat a specific condition;

(24) "Therapeutically equivalent" means drug products from the same therapeutic class that if administered in appropriate amounts will provide the same therapeutic effect, identical in duration and intensity;

(25) "Veterinarian" means a practitioner of veterinary medicine duly licensed under the laws of this or some other state; and

(26) "Written protocol" means a physician's order, standing medical order, standing delegation order, or other order or protocol as defined by rule of the Arkansas State Medical Board under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Amended by Act 2023, No. 314,§ 2, eff. 8/1/2023.

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

Amended by Act 2021, No. 503,§ 3, eff. 1/1/2022.

Amended by Act 2021, No. 503,§ 2, eff. 1/1/2022.

Amended by Act 2021, No. 408,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 407,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 406,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 63,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1570, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1569, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1568, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1567, eff. 7/24/2019.

Amended by Act 2019, No. 652,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 651,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 637,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 43, eff. 7/24/2019.

Amended by Act 2017, No. 284,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 284,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 284,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 536,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 274,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 274,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 274,§ 1, eff. 8/16/2013.

Acts 1929, No. 72, § 1; Pope's Dig., § 4624; Acts 1955, No. 57, preliminary section; 1971, No. 26, §§ 1, 3; 1983, No. 511, §§ 2, 13; 1985, No. 616, § 2; A.S.A. 1947, §§ 72-1001, 72-1001.1, 72-1044, 72-1046; Acts 1987, No. 101, § 3; 1991, No. 740, § 1; 1997, No. 437, §§ 1, 2; 1997, No. 1204, §§ 1, 2; 1999, No. 105, §§ 1-5; 2001, No. 801, § 1; 2001, No. 910, § 1; 2003, No. 1473, § 34; 2009, No. 355, § 1; 2011, No. 147, § 1.
Ark. Code Ann. § 17-49-101 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Transient Merchant Licensing Act of 1983". Acts 1983, No. 587, § 1; A.S.A. 1947, § 71-5601.

This subchapter shall be known and may be cited as the "Transient Merchant Licensing Act of 1983".

Acts 1983, No. 587, § 1; A.S.A. 1947, § 71-5601.
Ark. Code Ann. § 17-25-604 — AR Code / Title 17 / Chapter 25 / Subchapter 6 / Section 17-25-604
Application for roofing contractor registration certificate
Status: in_force

(a) An application for a roofing contractor registration certificate shall be made on a form prescribed by the Residential Contractors Committee. (b) To obtain a roofing contractor registration certificate, an applicant shall under oath include the following information on the application: (1) A statement that the applicant requesting the roofing contractor registration certificate is at least eighteen (18) years of age; (2) The applicant's: (A) Name; (B) Physical address; and (C) Telephone number; (3) The name of the applicant's business, including any fictitious business names; (4) The address of the applicant's business; (5) The name of all other persons authorized to act for the applicant's business and the registered agent of the applicant's business; and (6) A statement that the applicant: (A) Will comply with all federal, state, and local laws and rules; (B) Is or is not registered, certified, or licensed as a roofing contractor in another state; and (C) Has or has not been the subject of a disciplinary action in this state or another state as a roofing contractor. (c) If the applicant for a roofing contractor registration certificate is a nonresident roofing contractor, the applicant shall designate a registered agent of service in the State of Arkansas. (d) The application for a roofing contractor registration certificate shall have the following information attached: (1) A surety bond in the minimum amount of fifteen thousand dollars ($15,000); (2) Proof of workers' compensation coverage as required under § 11-9-401 et seq.; and (3) Any other information required by the committee. Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.

(a) An application for a roofing contractor registration certificate shall be made on a form prescribed by the Residential Contractors Committee.

(b) To obtain a roofing contractor registration certificate, an applicant shall under oath include the following information on the application: (1) A statement that the applicant requesting the roofing contractor registration certificate is at least eighteen (18) years of age; (2) The applicant's: (A) Name; (B) Physical address; and (C) Telephone number; (3) The name of the applicant's business, including any fictitious business names; (4) The address of the applicant's business; (5) The name of all other persons authorized to act for the applicant's business and the registered agent of the applicant's business; and (6) A statement that the applicant: (A) Will comply with all federal, state, and local laws and rules; (B) Is or is not registered, certified, or licensed as a roofing contractor in another state; and (C) Has or has not been the subject of a disciplinary action in this state or another state as a roofing contractor.

(1) A statement that the applicant requesting the roofing contractor registration certificate is at least eighteen (18) years of age;

(2) The applicant's: (A) Name; (B) Physical address; and (C) Telephone number;

(A) Name;

(B) Physical address; and

(C) Telephone number;

(3) The name of the applicant's business, including any fictitious business names;

(4) The address of the applicant's business;

(5) The name of all other persons authorized to act for the applicant's business and the registered agent of the applicant's business; and

(6) A statement that the applicant: (A) Will comply with all federal, state, and local laws and rules; (B) Is or is not registered, certified, or licensed as a roofing contractor in another state; and (C) Has or has not been the subject of a disciplinary action in this state or another state as a roofing contractor.

(A) Will comply with all federal, state, and local laws and rules;

(B) Is or is not registered, certified, or licensed as a roofing contractor in another state; and

(C) Has or has not been the subject of a disciplinary action in this state or another state as a roofing contractor.

(c) If the applicant for a roofing contractor registration certificate is a nonresident roofing contractor, the applicant shall designate a registered agent of service in the State of Arkansas.

(d) The application for a roofing contractor registration certificate shall have the following information attached: (1) A surety bond in the minimum amount of fifteen thousand dollars ($15,000); (2) Proof of workers' compensation coverage as required under § 11-9-401 et seq.; and (3) Any other information required by the committee.

(1) A surety bond in the minimum amount of fifteen thousand dollars ($15,000);

(2) Proof of workers' compensation coverage as required under § 11-9-401 et seq.; and

(3) Any other information required by the committee.

Added by Act 2021, No. 1072,§ 3, eff. 1/1/2022.
Ark. Code Ann. § 17-101-203 — AR Code / Title 17 / Chapter 101 / Subchapter 2 / Section 17-101-203
Powers and duties
Status: in_force

The Arkansas Livestock and Poultry Commission shall have the power to: (1) Examine and determine the qualifications and fitness of applicants for a license to practice general veterinary medicine or any specialty area thereof, and the certification of veterinary technicians in Arkansas, and issue, renew, deny, suspend, or revoke licenses or certificates, or otherwise discipline veterinarians or veterinary technicians; (2) Subpoena witnesses and take testimony bearing on the records of applicants for permits or for licenses to practice veterinary medicine in the State of Arkansas; (3) Establish annually a schedule of license and permit fees based on the commission's financial requirements for the ensuing year; (4) Conduct investigations into matters brought before the commission and proceed on the commission's own motion to a hearing or other disciplinary action; (5) [Repealed.] (6) Purchase or rent necessary office space, equipment, and supplies; (7) Promulgate and enforce rules necessary to establish recognized standards for the practice of veterinary medicine and to carry out the provisions of this chapter. The commission shall make available to interested members of the public copies of this chapter and all rules promulgated by the commission; (8) Examine and evaluate qualifications of education, skill, and experience for certification of a person as a veterinary technician and for annual registration of employment; (9) Regulate all veterinarians in a corporate practice and prevent corporate or noncorporate holdings from being sold to, directed by, or controlled by a nonveterinarian; (10) (A) Hold hearings on all matters properly brought before the commission and, in connection thereto, administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. (B) The commission may require by subpoena the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and commission depositions; (11) Bring proceedings in the courts for the enforcement of this chapter or any rules made under this chapter; and (12) Promulgate rules: (A) Limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the commission; and (B) Outlining the use of telehealth and telemedicine in the practice of veterinary medicine. Amended by Act 2023, No. 691,§ 148, eff. 7/1/2023. Amended by Act 2021, No. 130,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1657, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1656, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 113, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 12, eff. 8/1/2017. Acts 1975, No. 650, § 4; A.S.A. 1947, § 72-1135; Acts 1987, No. 60, § 2; 1993, No. 1198, § 1.

The Arkansas Livestock and Poultry Commission shall have the power to:

(1) Examine and determine the qualifications and fitness of applicants for a license to practice general veterinary medicine or any specialty area thereof, and the certification of veterinary technicians in Arkansas, and issue, renew, deny, suspend, or revoke licenses or certificates, or otherwise discipline veterinarians or veterinary technicians;

(2) Subpoena witnesses and take testimony bearing on the records of applicants for permits or for licenses to practice veterinary medicine in the State of Arkansas;

(3) Establish annually a schedule of license and permit fees based on the commission's financial requirements for the ensuing year;

(4) Conduct investigations into matters brought before the commission and proceed on the commission's own motion to a hearing or other disciplinary action;

(5) [Repealed.]

(6) Purchase or rent necessary office space, equipment, and supplies;

(7) Promulgate and enforce rules necessary to establish recognized standards for the practice of veterinary medicine and to carry out the provisions of this chapter. The commission shall make available to interested members of the public copies of this chapter and all rules promulgated by the commission;

(8) Examine and evaluate qualifications of education, skill, and experience for certification of a person as a veterinary technician and for annual registration of employment;

(9) Regulate all veterinarians in a corporate practice and prevent corporate or noncorporate holdings from being sold to, directed by, or controlled by a nonveterinarian;

(10) (A) Hold hearings on all matters properly brought before the commission and, in connection thereto, administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. (B) The commission may require by subpoena the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and commission depositions;

(A) Hold hearings on all matters properly brought before the commission and, in connection thereto, administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings.

(B) The commission may require by subpoena the attendance and testimony of witnesses and the production of papers, records, or other documentary evidence and commission depositions;

(11) Bring proceedings in the courts for the enforcement of this chapter or any rules made under this chapter; and

(12) Promulgate rules: (A) Limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the commission; and (B) Outlining the use of telehealth and telemedicine in the practice of veterinary medicine.

(A) Limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the commission; and

(B) Outlining the use of telehealth and telemedicine in the practice of veterinary medicine.

Amended by Act 2023, No. 691,§ 148, eff. 7/1/2023.

Amended by Act 2021, No. 130,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1657, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1656, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 113, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 12, eff. 8/1/2017.

Acts 1975, No. 650, § 4; A.S.A. 1947, § 72-1135; Acts 1987, No. 60, § 2; 1993, No. 1198, § 1.
Ark. Code Ann. § 17-81-303 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-303
Unlawful practice - Penalty - Injunction
Status: in_force

(a) Any person who practices or attempts to practice chiropractic, as defined in this chapter, or use any sign, card, or device to indicate that the person is a professional licensed doctor of chiropractic without having first been licensed or otherwise permitted under the provisions of this chapter to do so shall be guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense. (b) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of chiropractic in a proceeding by the Arkansas State Board of Chiropractic Examiners or any member thereof, by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution. (c) (1) It is unlawful for any person other than a physician licensed to practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq., or a physician licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., to perform spinal mobilizations, spinal adjustments, or spinal manipulations as those terms are defined in § 17-81-102 . (2) Nothing contained in this subsection shall be construed to limit or restrict the authority of a licensed physical therapist to practice physical therapy as defined in § 17-93-102(7) . (3) Any person violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), and each violation shall constitute a separate offense. (d) (1) If the board determines after due notice and a hearing that any provision of this chapter or any rule promulgated by the board pursuant to this chapter has been violated, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. (2) (A) The board may file an action in 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 board's order. (B) If the board prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the board in prosecuting the action in addition to the civil penalty. (3) Any person aggrieved by an action of the board 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. Amended by Act 2019, No. 315,§ 1510, eff. 7/24/2019. Acts 1971, No. 706, §§ 2, 14, 22; A.S.A. 1947, §§ 72-416, 72-428, 72-436; Acts 1987, No. 50, §§ 1, 2; 1987, No. 354, § 9; 1991, No. 983, §§ 1, 2; 2001, No. 197, §§ 2, 3; 2005, No. 1994, § 479.

(a) Any person who practices or attempts to practice chiropractic, as defined in this chapter, or use any sign, card, or device to indicate that the person is a professional licensed doctor of chiropractic without having first been licensed or otherwise permitted under the provisions of this chapter to do so shall be guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense.

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

(c) (1) It is unlawful for any person other than a physician licensed to practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq., or a physician licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., to perform spinal mobilizations, spinal adjustments, or spinal manipulations as those terms are defined in § 17-81-102 . (2) Nothing contained in this subsection shall be construed to limit or restrict the authority of a licensed physical therapist to practice physical therapy as defined in § 17-93-102(7) . (3) Any person violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), and each violation shall constitute a separate offense.

(1) It is unlawful for any person other than a physician licensed to practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq., or a physician licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., to perform spinal mobilizations, spinal adjustments, or spinal manipulations as those terms are defined in § 17-81-102 .

(2) Nothing contained in this subsection shall be construed to limit or restrict the authority of a licensed physical therapist to practice physical therapy as defined in § 17-93-102(7) .

(3) Any person violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), and each violation shall constitute a separate offense.

(d) (1) If the board determines after due notice and a hearing that any provision of this chapter or any rule promulgated by the board pursuant to this chapter has been violated, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. (2) (A) The board may file an action in 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 board's order. (B) If the board prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the board in prosecuting the action in addition to the civil penalty. (3) Any person aggrieved by an action of the board 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.

(1) If the board determines after due notice and a hearing that any provision of this chapter or any rule promulgated by the board pursuant to this chapter has been violated, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation.

(2) (A) The board may file an action in 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 board's order. (B) If the board prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the board in prosecuting the action in addition to the civil penalty.

(A) The board may file an action in 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 board's order.

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

(3) Any person aggrieved by an action of the board 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.

Amended by Act 2019, No. 315,§ 1510, eff. 7/24/2019.

Acts 1971, No. 706, §§ 2, 14, 22; A.S.A. 1947, §§ 72-416, 72-428, 72-436; Acts 1987, No. 50, §§ 1, 2; 1987, No. 354, § 9; 1991, No. 983, §§ 1, 2; 2001, No. 197, §§ 2, 3; 2005, No. 1994, § 479.
Ark. Code Ann. § 17-32-102 — AR Code / Title 17 / Chapter 32 / Subchapter 1 / Section 17-32-102
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the State Board of Registration for Professional Geologists; (2) "Geologist" means a person engaged in the practice of geology; (3) "Geologist-in-training" means a person who meets all requirements for registration except length of experience and who has applied for and has been approved by the board for registration. Upon completion of his or her required length of experience and after review by the board, he or she may be granted the title of registered geologist; (4) "Geology" means that science which treats of the earth in general, investigation of the earth's crust and the rocks and other materials which compose it, and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind; (5) (A) "Public practice of geology" means any professional service, work, or activity requiring formal geological education, training, and experience and the understanding and application of special knowledge of the mathematical, physical, and geological sciences as may be related to those services. (B) A person shall be construed to publicly practice geology or offer to publicly practice geology if that person: (i) Practices any branch of the profession of geology; (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist or, through the use of some other title, implies that he or she is a geologist; (iii) Represents that he or she is registered under this chapter; or (iv) Holds himself or herself out as able to perform or does perform any geological services or work recognized as geology. (C) The board shall have authority to expand by rule the definition of public practice of geology, as provided in § 17-32-204 ; (6) "Qualified geologist" means a person who is not registered under this chapter but who possesses all the qualifications specified in this chapter for registration; (7) "Registered certified specialty geologist" means a person who is certified as a specialty geologist under this chapter; (8) "Registered geologist" means a person who is registered as a geologist under this chapter; (9) "Responsible charge of work" means the independent control and direction of geological work or the supervision of that work by the use of initiative, skill, and independent judgment; and (10) "Subordinate" means any person who assists a registered geologist or a registered engineer in the practice of geology without assuming the responsible charge of work. Acts 1987, No. 470, § 2; 1987, No. 701, § 2; 2005, No. 676, § 1.

As used in this chapter:

(1) "Board" means the State Board of Registration for Professional Geologists;

(2) "Geologist" means a person engaged in the practice of geology;

(3) "Geologist-in-training" means a person who meets all requirements for registration except length of experience and who has applied for and has been approved by the board for registration. Upon completion of his or her required length of experience and after review by the board, he or she may be granted the title of registered geologist;

(4) "Geology" means that science which treats of the earth in general, investigation of the earth's crust and the rocks and other materials which compose it, and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases, and other materials for the benefit of mankind;

(5) (A) "Public practice of geology" means any professional service, work, or activity requiring formal geological education, training, and experience and the understanding and application of special knowledge of the mathematical, physical, and geological sciences as may be related to those services. (B) A person shall be construed to publicly practice geology or offer to publicly practice geology if that person: (i) Practices any branch of the profession of geology; (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist or, through the use of some other title, implies that he or she is a geologist; (iii) Represents that he or she is registered under this chapter; or (iv) Holds himself or herself out as able to perform or does perform any geological services or work recognized as geology. (C) The board shall have authority to expand by rule the definition of public practice of geology, as provided in § 17-32-204 ;

(A) "Public practice of geology" means any professional service, work, or activity requiring formal geological education, training, and experience and the understanding and application of special knowledge of the mathematical, physical, and geological sciences as may be related to those services.

(B) A person shall be construed to publicly practice geology or offer to publicly practice geology if that person: (i) Practices any branch of the profession of geology; (ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist or, through the use of some other title, implies that he or she is a geologist; (iii) Represents that he or she is registered under this chapter; or (iv) Holds himself or herself out as able to perform or does perform any geological services or work recognized as geology.

(i) Practices any branch of the profession of geology;

(ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself or herself to be a geologist or, through the use of some other title, implies that he or she is a geologist;

(iii) Represents that he or she is registered under this chapter; or

(iv) Holds himself or herself out as able to perform or does perform any geological services or work recognized as geology.

(C) The board shall have authority to expand by rule the definition of public practice of geology, as provided in § 17-32-204 ;

(6) "Qualified geologist" means a person who is not registered under this chapter but who possesses all the qualifications specified in this chapter for registration;

(7) "Registered certified specialty geologist" means a person who is certified as a specialty geologist under this chapter;

(8) "Registered geologist" means a person who is registered as a geologist under this chapter;

(9) "Responsible charge of work" means the independent control and direction of geological work or the supervision of that work by the use of initiative, skill, and independent judgment; and

(10) "Subordinate" means any person who assists a registered geologist or a registered engineer in the practice of geology without assuming the responsible charge of work.

Acts 1987, No. 470, § 2; 1987, No. 701, § 2; 2005, No. 676, § 1.
Ark. Code Ann. § 17-51-102 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-102
Penalties
Status: in_force

(a) (1) Any person or persons representing a firm, corporation, municipality, or other political authority who violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment. (2) Each day during which a violation continues shall be a separate offense. (b) (1) Every firm, person, or corporation that violates this chapter or any of the rules issued or promulgated by the State Board of Health, or that violates any condition of a license, permit, certificate, or any other type of registration issued by the board, may be assessed a civil penalty by the board. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. (c) All fines collected under this section shall be deposited into the State Treasury and credited to the Waterworks Operators Licensing Fund to be used to defray the costs of administering this chapter. (d) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer of the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2019, No. 315,§ 1491, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1490, eff. 7/24/2019. Acts 1957, No. 333, § 13; A.S.A. 1947, § 71-1713; Acts 1991, No. 1001, § 1; 1995, No. 787, § 1.

(a) (1) Any person or persons representing a firm, corporation, municipality, or other political authority who violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment. (2) Each day during which a violation continues shall be a separate offense.

(1) Any person or persons representing a firm, corporation, municipality, or other political authority who violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment in the county jail for not more than thirty (30) days, or by both fine and imprisonment.

(2) Each day during which a violation continues shall be a separate offense.

(b) (1) Every firm, person, or corporation that violates this chapter or any of the rules issued or promulgated by the State Board of Health, or that violates any condition of a license, permit, certificate, or any other type of registration issued by the board, may be assessed a civil penalty by the board. (2) The penalty shall not exceed one thousand dollars ($1,000) for each violation. (3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(1) Every firm, person, or corporation that violates this chapter or any of the rules issued or promulgated by the State Board of Health, or that violates any condition of a license, permit, certificate, or any other type of registration issued by the board, may be assessed a civil penalty by the board.

(2) The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(3) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(c) All fines collected under this section shall be deposited into the State Treasury and credited to the Waterworks Operators Licensing Fund to be used to defray the costs of administering this chapter.

(d) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer of the Department of Health is authorized to transfer all unexpended funds relative to fines collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2019, No. 315,§ 1491, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1490, eff. 7/24/2019.

Acts 1957, No. 333, § 13; A.S.A. 1947, § 71-1713; Acts 1991, No. 1001, § 1; 1995, No. 787, § 1.
Ark. Code Ann. § 17-15-310 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-310
Reissuance of certificate of registration
Status: in_force

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may reissue a certificate of registration to a person whose certificate of registration has lapsed or has been suspended or revoked, if no charges of violation of this act are pending in any court of record in this state and three (3) or more members of the board vote in favor of reissuance. Acts 1941, No. 270, § 10; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may reissue a certificate of registration to a person whose certificate of registration has lapsed or has been suspended or revoked, if no charges of violation of this act are pending in any court of record in this state and three (3) or more members of the board vote in favor of reissuance.

Acts 1941, No. 270, § 10; A.S.A. 1947, § 71-310; Acts 2009, No. 1367, § 10.
Ark. Code Ann. § 17-39-207 — AR Code / Title 17 / Chapter 39 / Subchapter 2 / Section 17-39-207
Examination - Fees
Status: in_force

(a) The fees to be paid with an application for a license under this subchapter and subchapter 1 are as follows: (1) For an initial two-year polygraph examiner license, one hundred twenty dollars ($120); (2) For a one-year intern polygraph examiner license, thirty dollars ($30.00); (3) For the issuance of a duplicate polygraph examiner license or intern polygraph examiner license, fifteen dollars ($15.00); (4) For a polygraph examiner two-year renewal license, fifty dollars ($50.00); (5) For the renewal of an intern polygraph examiner license for a period of six (6) months, twenty-five dollars ($25.00); (6) For the issuance of an optional wallet-size polygraph examiner licensee photo identification card or intern photo identification card, fifteen dollars ($15.00); and (7) For the renewal of a polygraph examiner license that is expired less than six (6) months, a late fee of twenty dollars ($20.00). (b) A certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for a polygraph examiner license or an intern polygraph examiner license for use solely in connection with his or her employment with the law enforcement agency is exempt from the licensing fee requirement under this section. (c) All fees under this section are nonrefundable. Amended by Act 2015, No. 393,§ 17, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 16, eff. 8/16/2013. Acts 1967, No. 413, § 13; A.S.A. 1947, § 71-2212.

(a) The fees to be paid with an application for a license under this subchapter and subchapter 1 are as follows: (1) For an initial two-year polygraph examiner license, one hundred twenty dollars ($120); (2) For a one-year intern polygraph examiner license, thirty dollars ($30.00); (3) For the issuance of a duplicate polygraph examiner license or intern polygraph examiner license, fifteen dollars ($15.00); (4) For a polygraph examiner two-year renewal license, fifty dollars ($50.00); (5) For the renewal of an intern polygraph examiner license for a period of six (6) months, twenty-five dollars ($25.00); (6) For the issuance of an optional wallet-size polygraph examiner licensee photo identification card or intern photo identification card, fifteen dollars ($15.00); and (7) For the renewal of a polygraph examiner license that is expired less than six (6) months, a late fee of twenty dollars ($20.00).

(1) For an initial two-year polygraph examiner license, one hundred twenty dollars ($120);

(2) For a one-year intern polygraph examiner license, thirty dollars ($30.00);

(3) For the issuance of a duplicate polygraph examiner license or intern polygraph examiner license, fifteen dollars ($15.00);

(4) For a polygraph examiner two-year renewal license, fifty dollars ($50.00);

(5) For the renewal of an intern polygraph examiner license for a period of six (6) months, twenty-five dollars ($25.00);

(6) For the issuance of an optional wallet-size polygraph examiner licensee photo identification card or intern photo identification card, fifteen dollars ($15.00); and

(7) For the renewal of a polygraph examiner license that is expired less than six (6) months, a late fee of twenty dollars ($20.00).

(b) A certified law enforcement officer who is a full-time employee of a law enforcement agency and who is applying for a polygraph examiner license or an intern polygraph examiner license for use solely in connection with his or her employment with the law enforcement agency is exempt from the licensing fee requirement under this section.

(c) All fees under this section are nonrefundable.

Amended by Act 2015, No. 393,§ 17, eff. 9/1/2015.

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

Acts 1967, No. 413, § 13; A.S.A. 1947, § 71-2212.
Ark. Code Ann. § 17-92-408 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-408
Revocation - Procedure
Status: in_force

The Arkansas State Board of Pharmacy shall follow the same procedure in revoking any permits issued under this subchapter as provided for revoking certificates of licensure as set out in § 17-92-313 . Acts 1955, No. 57, § 17; A.S.A. 1947, § 72-1028.3; Acts 2001, No. 910, § 9.

The Arkansas State Board of Pharmacy shall follow the same procedure in revoking any permits issued under this subchapter as provided for revoking certificates of licensure as set out in § 17-92-313 .

Acts 1955, No. 57, § 17; A.S.A. 1947, § 72-1028.3; Acts 2001, No. 910, § 9.
Ark. Code Ann. § 17-101-318 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-318
Veterinarians - Restricted license
Status: in_force

(a) The Director of the Arkansas Livestock and Poultry Commission or his or her designee may issue a restricted license to a person who has graduated from an accredited or approved college of veterinary medicine but has not passed the North American Veterinary Licensing Examination, or its future equivalent, to engage in the practice of veterinary medicine under the direct supervision of a licensed veterinarian. (b) A restricted license shall be issued by the commission upon the receipt of the following: (1) A completed application as described in § 17-101-301 and the application fee established by the commission, if not previously submitted during the applicant's final year of veterinary school; (2) A restricted license fee established by the commission; (3) A letter of recommendation from the supervising licensed veterinarian; and (4) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent. (c) If the applicant fails to pass the North American Veterinary Licensing Examination, or its future equivalent, after receiving a restricted license, the applicant may be issued another restricted license by submitting the following: (1) The restricted license fee established by the commission; (2) A letter of recommendation from the supervising licensed veterinarian; and (3) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent. (d) (1) A restricted license shall expire the day after the results of the North American Veterinary Licensing Examination, or its future equivalent, are made known to the applicant. (2) An applicant shall not be issued more than three (3) restricted licenses. (e) The applicant is eligible for an unrestricted license to practice veterinary medicine upon receiving a passing score on the North American Veterinary Licensing Examination, or its future equivalent, if all other requirements are met for the unrestricted license. (f) A restricted licensee shall not apply: (1) For a United States Drug Enforcement Administration registration; or (2) To become an accredited veterinarian through the United States Animal and Plant Health Inspection Service. Amended by Act 2023, No. 691,§ 176, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 175, eff. 7/1/2023. Added by Act 2021, No. 130,§ 8, eff. 7/28/2021.

(a) The Director of the Arkansas Livestock and Poultry Commission or his or her designee may issue a restricted license to a person who has graduated from an accredited or approved college of veterinary medicine but has not passed the North American Veterinary Licensing Examination, or its future equivalent, to engage in the practice of veterinary medicine under the direct supervision of a licensed veterinarian.

(b) A restricted license shall be issued by the commission upon the receipt of the following: (1) A completed application as described in § 17-101-301 and the application fee established by the commission, if not previously submitted during the applicant's final year of veterinary school; (2) A restricted license fee established by the commission; (3) A letter of recommendation from the supervising licensed veterinarian; and (4) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent.

(1) A completed application as described in § 17-101-301 and the application fee established by the commission, if not previously submitted during the applicant's final year of veterinary school;

(2) A restricted license fee established by the commission;

(3) A letter of recommendation from the supervising licensed veterinarian; and

(4) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent.

(c) If the applicant fails to pass the North American Veterinary Licensing Examination, or its future equivalent, after receiving a restricted license, the applicant may be issued another restricted license by submitting the following: (1) The restricted license fee established by the commission; (2) A letter of recommendation from the supervising licensed veterinarian; and (3) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent.

(1) The restricted license fee established by the commission;

(2) A letter of recommendation from the supervising licensed veterinarian; and

(3) Written confirmation that the applicant is scheduled to take the next available North American Veterinary Licensing Examination, or its future equivalent.

(d) (1) A restricted license shall expire the day after the results of the North American Veterinary Licensing Examination, or its future equivalent, are made known to the applicant. (2) An applicant shall not be issued more than three (3) restricted licenses.

(1) A restricted license shall expire the day after the results of the North American Veterinary Licensing Examination, or its future equivalent, are made known to the applicant.

(2) An applicant shall not be issued more than three (3) restricted licenses.

(e) The applicant is eligible for an unrestricted license to practice veterinary medicine upon receiving a passing score on the North American Veterinary Licensing Examination, or its future equivalent, if all other requirements are met for the unrestricted license.

(f) A restricted licensee shall not apply: (1) For a United States Drug Enforcement Administration registration; or (2) To become an accredited veterinarian through the United States Animal and Plant Health Inspection Service.

(1) For a United States Drug Enforcement Administration registration; or

(2) To become an accredited veterinarian through the United States Animal and Plant Health Inspection Service.

Amended by Act 2023, No. 691,§ 176, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 175, eff. 7/1/2023.

Added by Act 2021, No. 130,§ 8, eff. 7/28/2021.
Ark. Code Ann. § 17-101-312 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-312
Unlawful practice - Penalties - Injunctions
Status: in_force

(a) Any person who shall practice or attempt to practice veterinary medicine in this state without having been duly licensed in accordance with the provisions of this chapter shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined in any sum of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) for each and every offense or imprisoned for a term of not less than six (6) months nor more than one (1) year, or shall be both fined and imprisoned in the discretion of the court. (b) Each day of the unlawful practice shall constitute a separate offense. (c) One-half (1/2) of the sums assessed as fines under this chapter shall be paid into the general fund of the county wherein the fine is assessed, and one-half (1/2) of the sums assessed as fines under this chapter shall be deposited with the Director of the Arkansas Livestock and Poultry Commission and credited to the account of the Arkansas Livestock and Poultry Commission. (d) The unlawful practice of veterinary medicine is declared to be a public nuisance. (e) In addition to the penalties provided in this section, the commission may institute legal proceedings to enjoin the violation of the provisions of this chapter or the rules of the commission in any court of competent jurisdiction, and the court may grant a temporary or permanent injunction restraining the violation thereof. Amended by Act 2023, No. 691,§ 170, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 169, eff. 7/1/2023. Amended by Act 2021, No. 130,§ 4, eff. 7/28/2021. Acts 1975, No. 650, § 15; A.S.A. 1947, § 72-1146; Acts 1993, No. 1198, § 1.

(a) Any person who shall practice or attempt to practice veterinary medicine in this state without having been duly licensed in accordance with the provisions of this chapter shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined in any sum of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) for each and every offense or imprisoned for a term of not less than six (6) months nor more than one (1) year, or shall be both fined and imprisoned in the discretion of the court.

(b) Each day of the unlawful practice shall constitute a separate offense.

(c) One-half (1/2) of the sums assessed as fines under this chapter shall be paid into the general fund of the county wherein the fine is assessed, and one-half (1/2) of the sums assessed as fines under this chapter shall be deposited with the Director of the Arkansas Livestock and Poultry Commission and credited to the account of the Arkansas Livestock and Poultry Commission.

(d) The unlawful practice of veterinary medicine is declared to be a public nuisance.

(e) In addition to the penalties provided in this section, the commission may institute legal proceedings to enjoin the violation of the provisions of this chapter or the rules of the commission in any court of competent jurisdiction, and the court may grant a temporary or permanent injunction restraining the violation thereof.

Amended by Act 2023, No. 691,§ 170, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 169, eff. 7/1/2023.

Amended by Act 2021, No. 130,§ 4, eff. 7/28/2021.

Acts 1975, No. 650, § 15; A.S.A. 1947, § 72-1146; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-26-603 — AR Code / Title 17 / Chapter 26 / Subchapter 6 / Section 17-26-603
Department of Health to license, regulate, and inspect for health hazards
Status: in_force

(a) (1) Body art establishments in which body art is performed and artists who perform body art shall be licensed by the Department of Health. (2) An institution shall be licensed by the department as an establishment and as an approved body art training institution. (3) An artist from a state other than Arkansas or a country outside of the United States who holds a license from the body art regulatory board or agency in that state or country may submit an application for qualifications review by the department to determine eligibility for a body art license based upon criteria established by the department. (4) The business premises, equipment, procedures, and conditions of those businesses shall be subject to at least one (1) inspection by the department annually. (b) (1) The department may adopt appropriate rules regarding the artists, premises, equipment, procedures, and conditions of establishments which perform procedures subject to this subchapter to assure that the premises, equipment, procedures, and conditions are aseptic and do not constitute a health hazard. (2) Any rule affecting body art establishments shall remain in effect until the State Board of Health adopts rules under this subchapter. (c) Applicants for a license shall file applications upon forms prescribed by the department. (d) A license shall be issued only for the premises and persons in the application and shall not be transferable. (e) (1) (A) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per establishment for issuance of a license to an establishment in which body art is performed. (B) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art. (2) (A) The department shall collect a one-time fee of two hundred dollars ($200) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department. (B) The fee for written and practical examinations under § 17-26-608 is not required for an applicant under subdivision (e)(2)(A) of this section for examinations taken to complete requirements established by the department. (C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section. (D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section. (3) The annual fee for an artist or for an establishment shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (4) If the annual fee for a licensed establishment has not been paid by March 1 of the calendar year, the establishment shall be closed until a new license has been issued by the department and the annual fee has been paid. (5) (A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days. (B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension: (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees; (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and (iii) Meet current requirements established by the department for artists. (C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review. (6) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license commits a Class D felony. (f) All fees levied and collected under this subchapter are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department. (g) Subject to any rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the health facility services that pertain to fees collected under this subchapter, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. Amended by Act 2023, No. 688,§ 12, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 688,§ 9, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

(a) (1) Body art establishments in which body art is performed and artists who perform body art shall be licensed by the Department of Health. (2) An institution shall be licensed by the department as an establishment and as an approved body art training institution. (3) An artist from a state other than Arkansas or a country outside of the United States who holds a license from the body art regulatory board or agency in that state or country may submit an application for qualifications review by the department to determine eligibility for a body art license based upon criteria established by the department. (4) The business premises, equipment, procedures, and conditions of those businesses shall be subject to at least one (1) inspection by the department annually.

(1) Body art establishments in which body art is performed and artists who perform body art shall be licensed by the Department of Health.

(2) An institution shall be licensed by the department as an establishment and as an approved body art training institution.

(3) An artist from a state other than Arkansas or a country outside of the United States who holds a license from the body art regulatory board or agency in that state or country may submit an application for qualifications review by the department to determine eligibility for a body art license based upon criteria established by the department.

(4) The business premises, equipment, procedures, and conditions of those businesses shall be subject to at least one (1) inspection by the department annually.

(b) (1) The department may adopt appropriate rules regarding the artists, premises, equipment, procedures, and conditions of establishments which perform procedures subject to this subchapter to assure that the premises, equipment, procedures, and conditions are aseptic and do not constitute a health hazard. (2) Any rule affecting body art establishments shall remain in effect until the State Board of Health adopts rules under this subchapter.

(1) The department may adopt appropriate rules regarding the artists, premises, equipment, procedures, and conditions of establishments which perform procedures subject to this subchapter to assure that the premises, equipment, procedures, and conditions are aseptic and do not constitute a health hazard.

(2) Any rule affecting body art establishments shall remain in effect until the State Board of Health adopts rules under this subchapter.

(c) Applicants for a license shall file applications upon forms prescribed by the department.

(d) A license shall be issued only for the premises and persons in the application and shall not be transferable.

(e) (1) (A) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per establishment for issuance of a license to an establishment in which body art is performed. (B) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art. (2) (A) The department shall collect a one-time fee of two hundred dollars ($200) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department. (B) The fee for written and practical examinations under § 17-26-608 is not required for an applicant under subdivision (e)(2)(A) of this section for examinations taken to complete requirements established by the department. (C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section. (D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section. (3) The annual fee for an artist or for an establishment shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year. (4) If the annual fee for a licensed establishment has not been paid by March 1 of the calendar year, the establishment shall be closed until a new license has been issued by the department and the annual fee has been paid. (5) (A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days. (B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension: (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees; (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and (iii) Meet current requirements established by the department for artists. (C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review. (6) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license commits a Class D felony.

(1) (A) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per establishment for issuance of a license to an establishment in which body art is performed. (B) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art.

(A) The department shall levy and collect an annual fee of one hundred fifty dollars ($150) per establishment for issuance of a license to an establishment in which body art is performed.

(B) The department shall levy and collect an annual fee of one hundred dollars ($100) per artist for issuance of a license to an artist who performs body art.

(2) (A) The department shall collect a one-time fee of two hundred dollars ($200) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department. (B) The fee for written and practical examinations under § 17-26-608 is not required for an applicant under subdivision (e)(2)(A) of this section for examinations taken to complete requirements established by the department. (C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section. (D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section.

(A) The department shall collect a one-time fee of two hundred dollars ($200) per artist licensed in a state other than Arkansas or a country other than the United States who applies for qualifications review by the department.

(B) The fee for written and practical examinations under § 17-26-608 is not required for an applicant under subdivision (e)(2)(A) of this section for examinations taken to complete requirements established by the department.

(C) Upon satisfactory completion of the requirements by the applicant and approval of qualifications established by the department, a body artist license shall be issued to an applicant under subdivision (e)(2)(A) of this section.

(D) The department shall collect the annual artist fee of one hundred dollars ($100) after the issuance of a license under subdivision (e)(2)(C) of this section.

(3) The annual fee for an artist or for an establishment shall be based upon the calendar year, January 1 through December 31, with fees for any given year due by December 31 of the previous year.

(4) If the annual fee for a licensed establishment has not been paid by March 1 of the calendar year, the establishment shall be closed until a new license has been issued by the department and the annual fee has been paid.

(5) (A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days. (B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension: (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees; (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and (iii) Meet current requirements established by the department for artists. (C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review.

(A) If the annual fee for a licensed artist has not been paid by March 1 of the calendar year, the artist shall have his or her license suspended for ninety (90) days.

(B) If an artist has his or her license suspended, he or she shall before a license may be reissued within ninety (90) days after the suspension: (i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees; (ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and (iii) Meet current requirements established by the department for artists.

(i) Pay a reinstatement fee of one hundred dollars ($100) and pay all overdue licensing fees;

(ii) Complete a written exam with the department and a practical exam in the studio in which the artist is licensed; and

(iii) Meet current requirements established by the department for artists.

(C) If an artist whose license is suspended has not met the requirements under subdivision (e)(5)(B) of this section within ninety (90) days after the suspension, the artist may apply for qualification review.

(6) In addition to the penalty provisions found in this subsection, any studio or business owner operating without a current license commits a Class D felony.

(f) All fees levied and collected under this subchapter are declared to be special revenues and shall be deposited into the State Treasury, there to be credited to the Public Health Fund to be used exclusively for the Body Art Program of the department.

(g) Subject to any rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds relative to the health facility services that pertain to fees collected under this subchapter, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.

Amended by Act 2023, No. 688,§ 12, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 688,§ 9, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-92-306 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-306
Examinations
Status: in_force

Upon application and at such time and place and in such manner as it may determine, the Arkansas State Board of Pharmacy shall examine or provide for examination every person who shall desire to practice pharmacy as described in §§ 17-92-101 and 17-92-402 in the State of Arkansas. Acts 1891, No. 50, § 7, p. 80; C. & M. Dig., § 3673; Pope's Dig., § 4609; A.S.A. 1947, § 72-1007; Acts 1991, No. 740, § 10.

Upon application and at such time and place and in such manner as it may determine, the Arkansas State Board of Pharmacy shall examine or provide for examination every person who shall desire to practice pharmacy as described in §§ 17-92-101 and 17-92-402 in the State of Arkansas.

Acts 1891, No. 50, § 7, p. 80; C. & M. Dig., § 3673; Pope's Dig., § 4609; A.S.A. 1947, § 72-1007; Acts 1991, No. 740, § 10.
Ark. Code Ann. § 17-95-1104 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1104
Authority of the Arkansas State Medical Board
Status: in_force

The Arkansas State Medical Board shall: (1) Develop appropriate rules necessary to regulate genetic counselors; (2) Receive, review, and approve applications for genetic counselor licensure; (3) Issue, renew, suspend, revoke, or deny licensure as a genetic counselor; (4) Conduct hearings on investigative and disciplinary proceedings; (5) (A) Maintain a database of all licensees and all persons whose licenses have been suspended, revoked, or denied. (B) Access to a database under subdivision (5)(A) of this section shall be available upon written request and payment of an appropriate fee as determined by the board; and (6) Perform other functions and duties required to carry out this subchapter. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

The Arkansas State Medical Board shall:

(1) Develop appropriate rules necessary to regulate genetic counselors;

(2) Receive, review, and approve applications for genetic counselor licensure;

(3) Issue, renew, suspend, revoke, or deny licensure as a genetic counselor;

(4) Conduct hearings on investigative and disciplinary proceedings;

(5) (A) Maintain a database of all licensees and all persons whose licenses have been suspended, revoked, or denied. (B) Access to a database under subdivision (5)(A) of this section shall be available upon written request and payment of an appropriate fee as determined by the board; and

(A) Maintain a database of all licensees and all persons whose licenses have been suspended, revoked, or denied.

(B) Access to a database under subdivision (5)(A) of this section shall be available upon written request and payment of an appropriate fee as determined by the board; and

(6) Perform other functions and duties required to carry out this subchapter.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-42-403 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-403
Creation - Administration
Status: in_force

There is created and established the "Real Estate Recovery Fund", which shall be maintained and administered by the Arkansas Real Estate Commission as provided in this subchapter. Acts 1993, No. 690, § 22.

There is created and established the "Real Estate Recovery Fund", which shall be maintained and administered by the Arkansas Real Estate Commission as provided in this subchapter.

Acts 1993, No. 690, § 22.
Ark. Code Ann. § 17-88-105 — AR Code / Title 17 / Chapter 88 / Subchapter 1 / Section 17-88-105
Disposition of funds
Status: in_force

All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board, shall be deposited into the State Treasury, shall be credited to the State Medical Board - Occupational Therapy Fund, which is created, and shall be expended by the board in accordance with the appropriation by the General Assembly. Acts 1977, No. 381, § 20; A.S.A. 1947, § 72-1920.

All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board, shall be deposited into the State Treasury, shall be credited to the State Medical Board - Occupational Therapy Fund, which is created, and shall be expended by the board in accordance with the appropriation by the General Assembly.

Acts 1977, No. 381, § 20; A.S.A. 1947, § 72-1920.
Ark. Code Ann. § 17-30-307 — AR Code / Title 17 / Chapter 30 / Subchapter 3 / Section 17-30-307
Continuing education requirements
Status: in_force

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional engineers and engineer-interns. (2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements. (3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of engineering; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional engineer sixty-five (65) years of age or older with twenty-five (25) or more years of experience as a practicing professional engineer; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions. (b) (1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period. (2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of engineering during the previous renewal period. (3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-30-304 if the applicant follows a particular program or schedule of continuing education prescribed by the board. Acts 2011, No. 897, § 8.

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional engineers and engineer-interns. (2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements. (3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of engineering; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional engineer sixty-five (65) years of age or older with twenty-five (25) or more years of experience as a practicing professional engineer; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions.

(1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional engineers and engineer-interns.

(2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements.

(3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of engineering; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional engineer sixty-five (65) years of age or older with twenty-five (25) or more years of experience as a practicing professional engineer; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions.

(A) Rely upon guidelines and pronouncements of recognized educational and professional associations;

(B) Prescribe the content, duration, and organization of courses;

(C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of engineering; and (ii) Instances of individual hardship;

(i) Applicants who certify that they do not intend to engage in the practice of engineering; and

(ii) Instances of individual hardship;

(D) Exempt from licensed continuing education requirements a professional engineer sixty-five (65) years of age or older with twenty-five (25) or more years of experience as a practicing professional engineer; and

(E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions.

(i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of engineering.

(ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional engineering organizations and related professions.

(b) (1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period. (2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of engineering during the previous renewal period. (3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-30-304 if the applicant follows a particular program or schedule of continuing education prescribed by the board.

(1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period.

(2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of engineering during the previous renewal period.

(3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-30-304 if the applicant follows a particular program or schedule of continuing education prescribed by the board.

Acts 2011, No. 897, § 8.
Ark. Code Ann. § 17-86-309 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-309
Renewals - Inactive list - Continuing education
Status: in_force

(a) (1) (A) A license issued under this chapter is valid for two (2) years and expires on the licensee's birthday. (B) (i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires. (ii) (a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination. (2) Each license for a massage therapy school is valid for a period of one (1) year and expires on June 30 of each year, whereupon a renewal license may be issued upon submission of a completed license renewal application with payment of the fee or fees prescribed for class of certification. (3) Every license for licensees, both active and inactive, shall expire on the birthdate of the licensee in the biennial renewal year. (4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen (18) hours of continuing education that have been approved by the department. (b) A renewal application for a licensee is due on or before the first day of the month preceding the month of the birthdate of the licensee in the biennial renewal year. (c) A renewal application for a licensee postmarked after the first day of the month preceding the month of the birthdate of the licensee of the biennial renewal year shall be levied a late penalty fee not to exceed twenty-five dollars ($25.00). (d) (1) An application for renewal postmarked after the birthdate of the licensee in the biennial renewal year will be treated as an application to renew an expired license. (2) (A) A license is expired if the application is postmarked after the birthdate of the licensee in the biennial renewal year. (B) Before the department issues a new license to an applicant whose license has expired under subdivision (d)(2)(A) of this section, the applicant shall: (i) Submit a new application that requires the applicant to meet current requirements; and (ii) Successfully complete an examination recognized by the department. (e) The department shall issue a license effective as of the date of receipt of the late application and all renewal fees, penalties, and required documentation. (f) (1) Any individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on this list for a period not to exceed four (4) years without reexamination. (2) After the time allowed under subdivision (f)(1) of this section, all inactive licensees shall meet current requirements for licensure and must successfully complete an examination recognized by the department before resuming the active practice of massage therapy. (g) Any individual licensee who has been placed on the inactive list for fewer than four (4) years and who wishes to reactivate his or her license shall follow the procedures for license renewal as provided for in this section, present satisfactory evidence of completion of continuing education hours as required by subsection (a) of this section for the inactive period, and pay all appropriate fees before resuming the active practice of massage therapy. (h) The fee for placement on the inactive list shall not exceed eighty dollars ($80.00) per biennium. (i) (1) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500). (2) A massage therapy school license renewal postmarked after June 30 of each year automatically expires. (3) A licensee whose massage therapy school license has expired shall submit a new application to the department with current requirements and fees. (j) (1) Each application for continuing education programs shall be accompanied by an application fee not to exceed forty dollars ($40.00). (2) (A) A licensee holding a valid Arkansas massage therapy license may request department approval of appropriate continuing education courses otherwise not approved by the department. (B) Courses shall meet similar standards as courses approved by the department. (C) Proof of residency shall accompany the request. Amended by Act 2015, No. 1020,§ 25, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 24, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 23, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 22, eff. 10/1/2015. Amended by Act 2015, No. 1020,§ 21, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 17, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 16, eff. 8/16/2013. Acts 1981, No. 875, §§ 9, 10; A.S.A. 1947, §§ 72-1209, 72-1210; Acts 1991, No. 1217, § 1; 1993, No. 714, § 12; 1997, No. 840, § 15; 1999, No. 1461, § 17; 2009, No. 1305, § 10.

(a) (1) (A) A license issued under this chapter is valid for two (2) years and expires on the licensee's birthday. (B) (i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires. (ii) (a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination. (2) Each license for a massage therapy school is valid for a period of one (1) year and expires on June 30 of each year, whereupon a renewal license may be issued upon submission of a completed license renewal application with payment of the fee or fees prescribed for class of certification. (3) Every license for licensees, both active and inactive, shall expire on the birthdate of the licensee in the biennial renewal year. (4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen (18) hours of continuing education that have been approved by the department.

(1) (A) A license issued under this chapter is valid for two (2) years and expires on the licensee's birthday. (B) (i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires. (ii) (a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination.

(A) A license issued under this chapter is valid for two (2) years and expires on the licensee's birthday.

(B) (i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires. (ii) (a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination.

(i) If a license issued under this chapter is not renewed by the first day of the month preceding the birthdate of the licensee in the biennial renewal year, the license expires.

(ii) (a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health. (b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees. (c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination.

(a) If a license expires under subdivision (a)(1)(B)(i) of this section, the applicant shall submit a new application that requires the applicant to meet current requirements and successfully complete an examination recognized by the Department of Health.

(b) The department shall issue a license effective as of the date of receipt of the late application and all new applicant fees.

(c) An individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on the inactive list for not more than four (4) years without reexamination.

(2) Each license for a massage therapy school is valid for a period of one (1) year and expires on June 30 of each year, whereupon a renewal license may be issued upon submission of a completed license renewal application with payment of the fee or fees prescribed for class of certification.

(3) Every license for licensees, both active and inactive, shall expire on the birthdate of the licensee in the biennial renewal year.

(4) Each renewal for licensees shall be accompanied by proof of no fewer than eighteen (18) hours of continuing education that have been approved by the department.

(b) A renewal application for a licensee is due on or before the first day of the month preceding the month of the birthdate of the licensee in the biennial renewal year.

(c) A renewal application for a licensee postmarked after the first day of the month preceding the month of the birthdate of the licensee of the biennial renewal year shall be levied a late penalty fee not to exceed twenty-five dollars ($25.00).

(d) (1) An application for renewal postmarked after the birthdate of the licensee in the biennial renewal year will be treated as an application to renew an expired license. (2) (A) A license is expired if the application is postmarked after the birthdate of the licensee in the biennial renewal year. (B) Before the department issues a new license to an applicant whose license has expired under subdivision (d)(2)(A) of this section, the applicant shall: (i) Submit a new application that requires the applicant to meet current requirements; and (ii) Successfully complete an examination recognized by the department.

(1) An application for renewal postmarked after the birthdate of the licensee in the biennial renewal year will be treated as an application to renew an expired license.

(2) (A) A license is expired if the application is postmarked after the birthdate of the licensee in the biennial renewal year. (B) Before the department issues a new license to an applicant whose license has expired under subdivision (d)(2)(A) of this section, the applicant shall: (i) Submit a new application that requires the applicant to meet current requirements; and (ii) Successfully complete an examination recognized by the department.

(A) A license is expired if the application is postmarked after the birthdate of the licensee in the biennial renewal year.

(B) Before the department issues a new license to an applicant whose license has expired under subdivision (d)(2)(A) of this section, the applicant shall: (i) Submit a new application that requires the applicant to meet current requirements; and (ii) Successfully complete an examination recognized by the department.

(i) Submit a new application that requires the applicant to meet current requirements; and

(ii) Successfully complete an examination recognized by the department.

(e) The department shall issue a license effective as of the date of receipt of the late application and all renewal fees, penalties, and required documentation.

(f) (1) Any individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on this list for a period not to exceed four (4) years without reexamination. (2) After the time allowed under subdivision (f)(1) of this section, all inactive licensees shall meet current requirements for licensure and must successfully complete an examination recognized by the department before resuming the active practice of massage therapy.

(1) Any individual licensee who is not currently in practice and who wishes to place his or her license on the inactive list may remain on this list for a period not to exceed four (4) years without reexamination.

(2) After the time allowed under subdivision (f)(1) of this section, all inactive licensees shall meet current requirements for licensure and must successfully complete an examination recognized by the department before resuming the active practice of massage therapy.

(g) Any individual licensee who has been placed on the inactive list for fewer than four (4) years and who wishes to reactivate his or her license shall follow the procedures for license renewal as provided for in this section, present satisfactory evidence of completion of continuing education hours as required by subsection (a) of this section for the inactive period, and pay all appropriate fees before resuming the active practice of massage therapy.

(h) The fee for placement on the inactive list shall not exceed eighty dollars ($80.00) per biennium.

(i) (1) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500). (2) A massage therapy school license renewal postmarked after June 30 of each year automatically expires. (3) A licensee whose massage therapy school license has expired shall submit a new application to the department with current requirements and fees.

(1) A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500).

(2) A massage therapy school license renewal postmarked after June 30 of each year automatically expires.

(3) A licensee whose massage therapy school license has expired shall submit a new application to the department with current requirements and fees.

(j) (1) Each application for continuing education programs shall be accompanied by an application fee not to exceed forty dollars ($40.00). (2) (A) A licensee holding a valid Arkansas massage therapy license may request department approval of appropriate continuing education courses otherwise not approved by the department. (B) Courses shall meet similar standards as courses approved by the department. (C) Proof of residency shall accompany the request.

(1) Each application for continuing education programs shall be accompanied by an application fee not to exceed forty dollars ($40.00).

(2) (A) A licensee holding a valid Arkansas massage therapy license may request department approval of appropriate continuing education courses otherwise not approved by the department. (B) Courses shall meet similar standards as courses approved by the department. (C) Proof of residency shall accompany the request.

(A) A licensee holding a valid Arkansas massage therapy license may request department approval of appropriate continuing education courses otherwise not approved by the department.

(B) Courses shall meet similar standards as courses approved by the department.

(C) Proof of residency shall accompany the request.

Amended by Act 2015, No. 1020,§ 25, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 24, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 23, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 22, eff. 10/1/2015.

Amended by Act 2015, No. 1020,§ 21, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 17, eff. 8/16/2013.

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

Acts 1981, No. 875, §§ 9, 10; A.S.A. 1947, §§ 72-1209, 72-1210; Acts 1991, No. 1217, § 1; 1993, No. 714, § 12; 1997, No. 840, § 15; 1999, No. 1461, § 17; 2009, No. 1305, § 10.
Ark. Code Ann. § 17-87-302 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-302
Advanced practice registered nurses
Status: in_force

(a) Qualifications. In order to be licensed as an advanced practice registered nurse, an applicant shall show evidence of education approved by the Arkansas State Board of Nursing, and national certification approved by the board under one (1) of the following roles of an advanced practice registered nurse: (1) Certified Nurse Practitioner. A certified nurse practitioner shall hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; (2) Certified Registered Nurse Anesthetist. To qualify as a certified registered nurse anesthetist, an applicant shall: (A) Have earned a diploma or certificate evidencing satisfactory completion, beyond generic nursing preparation, of a formal educational program that meets the standards of the Council on Accreditation of Nurse Anesthesia Educational Programs or another nationally recognized accrediting body and that has as its objective the preparation of nurses to perform as nurse anesthetists; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; (3) Certified Nurse Midwife. To qualify as a certified nurse midwife, an applicant shall: (A) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; and (B) Have full practice authority under § 17-87-315 ; or (4) Clinical Nurse Specialist. In order to qualify as a clinical nurse specialist, an applicant shall: (A) Hold a master's degree evidencing successful completion of a graduate program in nursing, which shall include supervised clinical practice and classroom instruction in a nursing specialty; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation. (b) Issuance of License. A license to practice as an advanced practice registered nurse may be issued: (1) By Application. Any person holding a license to practice as a registered nurse and meeting the educational qualifications and certification requirements to be licensed as an advanced practice registered nurse, upon application and payment of necessary fees to the board, may be licensed as an advanced practice registered nurse; and (2) By Endorsement. The board may issue a license to practice advanced practice registered nursing by endorsement to any applicant who has been licensed as an advanced practice registered nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for advanced practice registered nurses in this state. (c) Title and Abbreviation. Any person who holds a license to practice as an advanced practice registered nurse shall have the right to use the title of "advanced practice registered nurse" and the abbreviation "A.P.R.N.". Amended by Act 2021, No. 607,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 604,§ 12, eff. 8/16/2013. Acts 1971, No. 432, § 2; 1979, No. 404, §§ 1, 7; 1979, No. 613, § 2; 1980 (1st Ex. Sess.), No. 14, §§ 5, 6; 1981 (1st Ex. Sess.), No. 19, § 8; A.S.A. 1947, §§ 72-746, 72-756.1, 72-756.2; Acts 1995, No. 409, § 9; 1999, No. 1208, § 2.

(a) Qualifications. In order to be licensed as an advanced practice registered nurse, an applicant shall show evidence of education approved by the Arkansas State Board of Nursing, and national certification approved by the board under one (1) of the following roles of an advanced practice registered nurse: (1) Certified Nurse Practitioner. A certified nurse practitioner shall hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; (2) Certified Registered Nurse Anesthetist. To qualify as a certified registered nurse anesthetist, an applicant shall: (A) Have earned a diploma or certificate evidencing satisfactory completion, beyond generic nursing preparation, of a formal educational program that meets the standards of the Council on Accreditation of Nurse Anesthesia Educational Programs or another nationally recognized accrediting body and that has as its objective the preparation of nurses to perform as nurse anesthetists; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; (3) Certified Nurse Midwife. To qualify as a certified nurse midwife, an applicant shall: (A) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; and (B) Have full practice authority under § 17-87-315 ; or (4) Clinical Nurse Specialist. In order to qualify as a clinical nurse specialist, an applicant shall: (A) Hold a master's degree evidencing successful completion of a graduate program in nursing, which shall include supervised clinical practice and classroom instruction in a nursing specialty; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation.

(1) Certified Nurse Practitioner. A certified nurse practitioner shall hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation;

(2) Certified Registered Nurse Anesthetist. To qualify as a certified registered nurse anesthetist, an applicant shall: (A) Have earned a diploma or certificate evidencing satisfactory completion, beyond generic nursing preparation, of a formal educational program that meets the standards of the Council on Accreditation of Nurse Anesthesia Educational Programs or another nationally recognized accrediting body and that has as its objective the preparation of nurses to perform as nurse anesthetists; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation;

(A) Have earned a diploma or certificate evidencing satisfactory completion, beyond generic nursing preparation, of a formal educational program that meets the standards of the Council on Accreditation of Nurse Anesthesia Educational Programs or another nationally recognized accrediting body and that has as its objective the preparation of nurses to perform as nurse anesthetists; and

(B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation;

(3) Certified Nurse Midwife. To qualify as a certified nurse midwife, an applicant shall: (A) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; and (B) Have full practice authority under § 17-87-315 ; or

(A) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation; and

(B) Have full practice authority under § 17-87-315 ; or

(4) Clinical Nurse Specialist. In order to qualify as a clinical nurse specialist, an applicant shall: (A) Hold a master's degree evidencing successful completion of a graduate program in nursing, which shall include supervised clinical practice and classroom instruction in a nursing specialty; and (B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation.

(A) Hold a master's degree evidencing successful completion of a graduate program in nursing, which shall include supervised clinical practice and classroom instruction in a nursing specialty; and

(B) Hold current certification by a national certifying body recognized by the board in the advanced practice registered nurse role and population foci appropriate to educational preparation.

(b) Issuance of License. A license to practice as an advanced practice registered nurse may be issued: (1) By Application. Any person holding a license to practice as a registered nurse and meeting the educational qualifications and certification requirements to be licensed as an advanced practice registered nurse, upon application and payment of necessary fees to the board, may be licensed as an advanced practice registered nurse; and (2) By Endorsement. The board may issue a license to practice advanced practice registered nursing by endorsement to any applicant who has been licensed as an advanced practice registered nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for advanced practice registered nurses in this state.

(1) By Application. Any person holding a license to practice as a registered nurse and meeting the educational qualifications and certification requirements to be licensed as an advanced practice registered nurse, upon application and payment of necessary fees to the board, may be licensed as an advanced practice registered nurse; and

(2) By Endorsement. The board may issue a license to practice advanced practice registered nursing by endorsement to any applicant who has been licensed as an advanced practice registered nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for advanced practice registered nurses in this state.

(c) Title and Abbreviation. Any person who holds a license to practice as an advanced practice registered nurse shall have the right to use the title of "advanced practice registered nurse" and the abbreviation "A.P.R.N.".

Amended by Act 2021, No. 607,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 604,§ 12, eff. 8/16/2013.

Acts 1971, No. 432, § 2; 1979, No. 404, §§ 1, 7; 1979, No. 613, § 2; 1980 (1st Ex. Sess.), No. 14, §§ 5, 6; 1981 (1st Ex. Sess.), No. 19, § 8; A.S.A. 1947, §§ 72-746, 72-756.1, 72-756.2; Acts 1995, No. 409, § 9; 1999, No. 1208, § 2.
Ark. Code Ann. § 17-100-301 — AR Code / Title 17 / Chapter 100 / Subchapter 3 / Section 17-100-301
License required
Status: in_force

(a) No person shall practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless he or she is licensed in accordance with the provisions of this chapter. (b) A license shall be granted either in speech-language pathology or audiology independently. A person may be licensed in both areas if he or she meets the respective qualifications. Acts 1975, No. 277, § 8; A.S.A. 1947, § 72-1808; Acts 1993, No. 121, § 9.

(a) No person shall practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless he or she is licensed in accordance with the provisions of this chapter.

(b) A license shall be granted either in speech-language pathology or audiology independently. A person may be licensed in both areas if he or she meets the respective qualifications.

Acts 1975, No. 277, § 8; A.S.A. 1947, § 72-1808; Acts 1993, No. 121, § 9.
Ark. Code Ann. § 17-42-301 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-301
License required - Violations
Status: in_force

(a) No person shall practice or represent himself or herself as a real estate broker or salesperson without first applying for and receiving a license to practice under this chapter. (b) Any person who directly or indirectly for another with the intention, or on the promise of receiving any valuable consideration, offers, attempts, or agrees to perform any single act described in § 17-42-103(10) , whether as part of a transaction or as an entire transaction, shall be deemed a broker or salesperson within the meaning of this chapter. (c) The commission of a single act by a person required to be licensed under this chapter and not so licensed shall constitute a violation of this chapter. (d) It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or salesperson without first obtaining a license and otherwise complying with the provisions of this chapter. (e) (1) Notwithstanding the provisions of this section, a person or other legal entity not licensed by the Arkansas Real Estate Commission may own a real estate firm, provided the employees or agents employed by or associated with the firm who perform real estate activities identified under § 17-42-103(10) hold an active license under this chapter. (2) The firm may enter into contracts or otherwise perform activities identified under § 17-42-103(10) only through a principal broker and a licensee employed by or associated with the principal broker that holds an active license issued by the commission at the time of performing the contract or activities. (f) The commission may provide for the continuing temporary operation of a real estate firm having all rights under § 17-42-107(a) upon the death, resignation, termination, or incapacity of the principal broker or upon the closing of a real estate firm, under the direction of a person approved by the commission, subject to time limitations and other conditions imposed by the commission. Acts 1993, No. 690, § 2; 2001, No. 1172, § 2; 2011, No. 865, §§ 7, 8.

(a) No person shall practice or represent himself or herself as a real estate broker or salesperson without first applying for and receiving a license to practice under this chapter.

(b) Any person who directly or indirectly for another with the intention, or on the promise of receiving any valuable consideration, offers, attempts, or agrees to perform any single act described in § 17-42-103(10) , whether as part of a transaction or as an entire transaction, shall be deemed a broker or salesperson within the meaning of this chapter.

(c) The commission of a single act by a person required to be licensed under this chapter and not so licensed shall constitute a violation of this chapter.

(d) It shall be unlawful for any person, directly or indirectly, to act as a real estate broker or salesperson without first obtaining a license and otherwise complying with the provisions of this chapter.

(e) (1) Notwithstanding the provisions of this section, a person or other legal entity not licensed by the Arkansas Real Estate Commission may own a real estate firm, provided the employees or agents employed by or associated with the firm who perform real estate activities identified under § 17-42-103(10) hold an active license under this chapter. (2) The firm may enter into contracts or otherwise perform activities identified under § 17-42-103(10) only through a principal broker and a licensee employed by or associated with the principal broker that holds an active license issued by the commission at the time of performing the contract or activities.

(1) Notwithstanding the provisions of this section, a person or other legal entity not licensed by the Arkansas Real Estate Commission may own a real estate firm, provided the employees or agents employed by or associated with the firm who perform real estate activities identified under § 17-42-103(10) hold an active license under this chapter.

(2) The firm may enter into contracts or otherwise perform activities identified under § 17-42-103(10) only through a principal broker and a licensee employed by or associated with the principal broker that holds an active license issued by the commission at the time of performing the contract or activities.

(f) The commission may provide for the continuing temporary operation of a real estate firm having all rights under § 17-42-107(a) upon the death, resignation, termination, or incapacity of the principal broker or upon the closing of a real estate firm, under the direction of a person approved by the commission, subject to time limitations and other conditions imposed by the commission.

Acts 1993, No. 690, § 2; 2001, No. 1172, § 2; 2011, No. 865, §§ 7, 8.
Ark. Code Ann. § 17-90-403 — AR Code / Title 17 / Chapter 90 / Subchapter 4 / Section 17-90-403
Authority to possess, administer, and prescribe
Status: in_force

(a) A person may possess, administer, and prescribe pharmaceutical agents for the diagnosis or treatment of conditions involving only the eye, lids, or adnexa if the person: (1) Is engaged in the practice of optometry as defined in § 17-90-101 ; (2) Has the education and professional competence as determined by the State Board of Optometry; (3) Has satisfied the educational requirements established by the State Board of Optometry from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the Council for Higher Education Accreditation, the United States Department of Education, or the Arkansas Higher Education Coordinating Board; and (4) Has met the requirements of § 17-90-401 . (b) (1) Optometrists shall not possess, administer, or prescribe the pharmaceutical agents listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq., except hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs. (2) A prescription written by an optometrist for hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs, shall not exceed seventy-two (72) hours and shall not authorize refills. Amended by Act 2015, No. 1156,§ 16, eff. 7/22/2015. Amended by Act 2013, No. 1361,§ 2, eff. 8/16/2013. Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1; 1997, No. 176, § 3; 1997, No. 186, § 3.

(a) A person may possess, administer, and prescribe pharmaceutical agents for the diagnosis or treatment of conditions involving only the eye, lids, or adnexa if the person: (1) Is engaged in the practice of optometry as defined in § 17-90-101 ; (2) Has the education and professional competence as determined by the State Board of Optometry; (3) Has satisfied the educational requirements established by the State Board of Optometry from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the Council for Higher Education Accreditation, the United States Department of Education, or the Arkansas Higher Education Coordinating Board; and (4) Has met the requirements of § 17-90-401 .

(1) Is engaged in the practice of optometry as defined in § 17-90-101 ;

(2) Has the education and professional competence as determined by the State Board of Optometry;

(3) Has satisfied the educational requirements established by the State Board of Optometry from a college or university accredited by a regional or professional accreditation organization that is recognized or approved by the Council for Higher Education Accreditation, the United States Department of Education, or the Arkansas Higher Education Coordinating Board; and

(4) Has met the requirements of § 17-90-401 .

(b) (1) Optometrists shall not possess, administer, or prescribe the pharmaceutical agents listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq., except hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs. (2) A prescription written by an optometrist for hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs, shall not exceed seventy-two (72) hours and shall not authorize refills.

(1) Optometrists shall not possess, administer, or prescribe the pharmaceutical agents listed in Schedules I and II of the Uniform Controlled Substances Act, § 5-64-101 et seq., except hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs.

(2) A prescription written by an optometrist for hydrocodone combination drugs, regardless of their schedule, in combination with oral analgesic drugs, shall not exceed seventy-two (72) hours and shall not authorize refills.

Amended by Act 2015, No. 1156,§ 16, eff. 7/22/2015.

Amended by Act 2013, No. 1361,§ 2, eff. 8/16/2013.

Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1; 1997, No. 176, § 3; 1997, No. 186, § 3.
Ark. Code Ann. § 17-17-403 — AR Code / Title 17 / Chapter 17 / Subchapter 4 / Section 17-17-403
Construction
Status: in_force

Nothing in this subchapter shall be construed to limit or restrict in any manner other civil or criminal remedies which may be available to any person. Acts 1999, No. 227, § 3.

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

Acts 1999, No. 227, § 3.
Ark. Code Ann. § 17-92-412 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-412
Nursing home consultant pharmacist
Status: in_force

(a) A nursing home consultant pharmacist and the nursing home administrator shall be jointly responsible to ensure that a pharmacist license is posted at the facility at all times. (b) The Arkansas State Board of Pharmacy shall set by rule the standards by which the controlled and legend drugs and devices will be maintained in the nursing home or long-term care facility. (c) The consultant pharmacist, in conjunction with the nursing home administrator and director of nurses, shall ensure the proper control and accountability, storage, and proper utilization of drugs and other legend devices dispensed to patients residing in the facility according to board standards as well as standards established by state and federal guidelines. Amended by Act 2021, No. 63,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1592, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1591, eff. 7/24/2019. Acts 2001, No. 910, § 11; 2009, No. 355, § 6; 2011, No. 859, § 10.

(a) A nursing home consultant pharmacist and the nursing home administrator shall be jointly responsible to ensure that a pharmacist license is posted at the facility at all times.

(b) The Arkansas State Board of Pharmacy shall set by rule the standards by which the controlled and legend drugs and devices will be maintained in the nursing home or long-term care facility.

(c) The consultant pharmacist, in conjunction with the nursing home administrator and director of nurses, shall ensure the proper control and accountability, storage, and proper utilization of drugs and other legend devices dispensed to patients residing in the facility according to board standards as well as standards established by state and federal guidelines.

Amended by Act 2021, No. 63,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1592, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1591, eff. 7/24/2019.

Acts 2001, No. 910, § 11; 2009, No. 355, § 6; 2011, No. 859, § 10.
Ark. Code Ann. § 17-24-102 — AR Code / Title 17 / Chapter 24 / Subchapter 1 / Section 17-24-102
Exemptions
Status: in_force

(a) This chapter does not apply to: (1) Regular employees of a single creditor; (2) Banks; (3) Trust companies; (4) Savings and loan associations; (5) Abstract companies doing an escrow business; (6) Licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or in connection with the broker's or agent's regular real estate business; (7) Express and telegraph companies subject to public regulation and supervision; (8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm; (9) (A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court. (B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and (10) Any person, firm, corporation, association, limited liability corporation, or partnership that, for a valuable consideration, purchases accounts, claims, or demands of another that were not in default or delinquent at the time of acquisition and then in the purchaser's own name proceeds to assert or collect the accounts, claims, or demands. (b) Nothing in § 17-24-301 , § 17-24-309 , § 17-24-401 , or this subchapter with respect to licensure by the State Board of Collection Agencies or limitations of fees for collection services shall include or be applicable to attorneys at law licensed to practice in the State of Arkansas who are engaged in rendering legal services for clients in the collection of accounts, debts, or claims, nor shall § 17-24-301 , § 17-24-309 , § 17-24-401 , or this subchapter amend or repeal in any way the exemptions set out in subsection (a) of this section. (c) (1) Nothing in this chapter shall include or be applicable to the foreclosure of real property under the provisions of § 18-49-101 et seq. or § 18-50-101 et seq. (2) Foreclosure of real property is not deemed to be debt collection as defined in the federal Fair Debt Collections Practices Act, 15 U.S.C. § 1692a(6) , as in existence on January 1, 2005. Amended by Act 2019, No. 386,§ 9, eff. 7/24/2019. Acts 1965, No. 145, § 9; 1969, No. 214, § 2; A.S.A. 1947, §§ 71-2009, 71-2011; Acts 1993, No. 1245, § 1; 1997, No. 246, § 1; 2005, No. 1882, § 1; 2009, No. 1455, § 3.

(a) This chapter does not apply to: (1) Regular employees of a single creditor; (2) Banks; (3) Trust companies; (4) Savings and loan associations; (5) Abstract companies doing an escrow business; (6) Licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or in connection with the broker's or agent's regular real estate business; (7) Express and telegraph companies subject to public regulation and supervision; (8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm; (9) (A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court. (B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and (10) Any person, firm, corporation, association, limited liability corporation, or partnership that, for a valuable consideration, purchases accounts, claims, or demands of another that were not in default or delinquent at the time of acquisition and then in the purchaser's own name proceeds to assert or collect the accounts, claims, or demands.

(1) Regular employees of a single creditor;

(2) Banks;

(3) Trust companies;

(4) Savings and loan associations;

(5) Abstract companies doing an escrow business;

(6) Licensed real estate brokers and agents when the claims or accounts being handled by the broker or agent are related to or in connection with the broker's or agent's regular real estate business;

(7) Express and telegraph companies subject to public regulation and supervision;

(8) Attorneys at law who use their own names or the names of their law firms to collect or attempt to collect claims, accounts, bills, or other forms of indebtedness owed to them individually or as a firm;

(9) (A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court. (B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and

(A) Persons, firms, corporations, associations, limited liability corporations, or partnerships handling claims, accounts, or collections under an order of any court.

(B) However, child support collection agencies not operating pursuant to Title IV-D of the Social Security Act are not exempt from this chapter and shall be subject to licensure; and

(10) Any person, firm, corporation, association, limited liability corporation, or partnership that, for a valuable consideration, purchases accounts, claims, or demands of another that were not in default or delinquent at the time of acquisition and then in the purchaser's own name proceeds to assert or collect the accounts, claims, or demands.

(b) Nothing in § 17-24-301 , § 17-24-309 , § 17-24-401 , or this subchapter with respect to licensure by the State Board of Collection Agencies or limitations of fees for collection services shall include or be applicable to attorneys at law licensed to practice in the State of Arkansas who are engaged in rendering legal services for clients in the collection of accounts, debts, or claims, nor shall § 17-24-301 , § 17-24-309 , § 17-24-401 , or this subchapter amend or repeal in any way the exemptions set out in subsection (a) of this section.

(c) (1) Nothing in this chapter shall include or be applicable to the foreclosure of real property under the provisions of § 18-49-101 et seq. or § 18-50-101 et seq. (2) Foreclosure of real property is not deemed to be debt collection as defined in the federal Fair Debt Collections Practices Act, 15 U.S.C. § 1692a(6) , as in existence on January 1, 2005.

(1) Nothing in this chapter shall include or be applicable to the foreclosure of real property under the provisions of § 18-49-101 et seq. or § 18-50-101 et seq.

(2) Foreclosure of real property is not deemed to be debt collection as defined in the federal Fair Debt Collections Practices Act, 15 U.S.C. § 1692a(6) , as in existence on January 1, 2005.

Amended by Act 2019, No. 386,§ 9, eff. 7/24/2019.

Acts 1965, No. 145, § 9; 1969, No. 214, § 2; A.S.A. 1947, §§ 71-2009, 71-2011; Acts 1993, No. 1245, § 1; 1997, No. 246, § 1; 2005, No. 1882, § 1; 2009, No. 1455, § 3.