Ark. Code Ann. § 17-30-303 — AR Code / Title 17 / Chapter 30 / Subchapter 3 / Section 17-30-303
Authorization certificates
Status: in_force

(a) (1) The practice or offer to practice for others, as defined in § 17-30-101 , by individuals licensed under this chapter through a firm is permitted if: (A) The professional engineers of the firm are licensed under this chapter or are practicing under § 17-30-105 ; and (B) The firm has been issued a certificate of authorization by the State Board of Licensure for Professional Engineers and Professional Surveyors under this subchapter. (2) All final drawings, specifications, plans, reports, calculations, or other engineering papers or documents involving the practice of engineering, as defined in this chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the professional engineer qualified in the appropriate branch of engineering who prepared them or under whose immediate direction they were prepared. (b) (1) A firm desiring a certificate of authorization shall file with the board an application, using the form provided by the board, providing all the information required by the board, and also listing the names and addresses of the individual or individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in the state through the firm, and other information, which must accompany the annual renewal fee. (2) If there is a change in any of these persons during the year, the change shall be designated on the same form and filed with the board within thirty (30) days after the effective date of the change. (3) If all of the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for furnishing engineering services. (c) This chapter does not prevent a firm from performing engineering services for the firm itself or a subsidiary or an affiliate of the firm. (d) (1) The firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. (2) An individual practicing engineering under this chapter shall not be relieved of responsibility for engineering services performed by reason of employment or other relationship with a firm holding an authorization certificate. (e) A certificate of authorization shall be renewed as provided in this chapter. (f) An engineer who gives occasional, part-time, or consulting engineering services to or for a firm shall not be designated as being responsible for the professional activities of the firm unless the engineer is an officer or owner of the firm. (g) (1) The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm that includes among the objectives for which it is established any of the words "engineer", "engineering", or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate. (2) The firm applying shall supply such a certificate or letter from the board with its application for incorporation or registration. (h) The Secretary of State shall decline to register any trade name or service mark that includes words as set forth in subsection (g) of this section or modifications or derivatives thereof in its firm name or logos except those firms holding authorization certificates issued under this section. Amended by Act 2019, No. 386,§ 20, eff. 7/24/2019. Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, §§ 3, 4.

(a) (1) The practice or offer to practice for others, as defined in § 17-30-101 , by individuals licensed under this chapter through a firm is permitted if: (A) The professional engineers of the firm are licensed under this chapter or are practicing under § 17-30-105 ; and (B) The firm has been issued a certificate of authorization by the State Board of Licensure for Professional Engineers and Professional Surveyors under this subchapter. (2) All final drawings, specifications, plans, reports, calculations, or other engineering papers or documents involving the practice of engineering, as defined in this chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the professional engineer qualified in the appropriate branch of engineering who prepared them or under whose immediate direction they were prepared.

(1) The practice or offer to practice for others, as defined in § 17-30-101 , by individuals licensed under this chapter through a firm is permitted if: (A) The professional engineers of the firm are licensed under this chapter or are practicing under § 17-30-105 ; and (B) The firm has been issued a certificate of authorization by the State Board of Licensure for Professional Engineers and Professional Surveyors under this subchapter.

(A) The professional engineers of the firm are licensed under this chapter or are practicing under § 17-30-105 ; and

(B) The firm has been issued a certificate of authorization by the State Board of Licensure for Professional Engineers and Professional Surveyors under this subchapter.

(2) All final drawings, specifications, plans, reports, calculations, or other engineering papers or documents involving the practice of engineering, as defined in this chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the professional engineer qualified in the appropriate branch of engineering who prepared them or under whose immediate direction they were prepared.

(b) (1) A firm desiring a certificate of authorization shall file with the board an application, using the form provided by the board, providing all the information required by the board, and also listing the names and addresses of the individual or individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in the state through the firm, and other information, which must accompany the annual renewal fee. (2) If there is a change in any of these persons during the year, the change shall be designated on the same form and filed with the board within thirty (30) days after the effective date of the change. (3) If all of the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for furnishing engineering services.

(1) A firm desiring a certificate of authorization shall file with the board an application, using the form provided by the board, providing all the information required by the board, and also listing the names and addresses of the individual or individuals duly licensed to practice engineering in this state who shall be in responsible charge of the practice of engineering in the state through the firm, and other information, which must accompany the annual renewal fee.

(2) If there is a change in any of these persons during the year, the change shall be designated on the same form and filed with the board within thirty (30) days after the effective date of the change.

(3) If all of the requirements of this section are met, the board shall issue a certificate of authorization to the firm, and the firm may contract for and collect fees for furnishing engineering services.

(c) This chapter does not prevent a firm from performing engineering services for the firm itself or a subsidiary or an affiliate of the firm.

(d) (1) The firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. (2) An individual practicing engineering under this chapter shall not be relieved of responsibility for engineering services performed by reason of employment or other relationship with a firm holding an authorization certificate.

(1) The firm shall not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section.

(2) An individual practicing engineering under this chapter shall not be relieved of responsibility for engineering services performed by reason of employment or other relationship with a firm holding an authorization certificate.

(e) A certificate of authorization shall be renewed as provided in this chapter.

(f) An engineer who gives occasional, part-time, or consulting engineering services to or for a firm shall not be designated as being responsible for the professional activities of the firm unless the engineer is an officer or owner of the firm.

(g) (1) The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm that includes among the objectives for which it is established any of the words "engineer", "engineering", or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate. (2) The firm applying shall supply such a certificate or letter from the board with its application for incorporation or registration.

(1) The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm that includes among the objectives for which it is established any of the words "engineer", "engineering", or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate.

(2) The firm applying shall supply such a certificate or letter from the board with its application for incorporation or registration.

(h) The Secretary of State shall decline to register any trade name or service mark that includes words as set forth in subsection (g) of this section or modifications or derivatives thereof in its firm name or logos except those firms holding authorization certificates issued under this section.

Amended by Act 2019, No. 386,§ 20, eff. 7/24/2019.

Acts 1993, No. 1041, § 3; 2009, No. 444, § 4; 2011, No. 897, §§ 3, 4.
Ark. Code Ann. § 17-14-404 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-404
Rulemaking authority
Status: in_force

The State Board of Appraisers, Abstracters, and Home Inspectors may adopt rules to implement, administer, and enforce this subchapter, including without limitation to prescribe: (1) Forms and procedures for submitting information to the board; (2) Standards of practice for a person registered under this subchapter; and (3) Standards for the operation of appraisal management companies. Amended by Act 2023, No. 628,§ 37, eff. 7/1/2023. Acts 2009, No. 628, § 1.

The State Board of Appraisers, Abstracters, and Home Inspectors may adopt rules to implement, administer, and enforce this subchapter, including without limitation to prescribe:

(1) Forms and procedures for submitting information to the board;

(2) Standards of practice for a person registered under this subchapter; and

(3) Standards for the operation of appraisal management companies.

Amended by Act 2023, No. 628,§ 37, eff. 7/1/2023.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-25-205 — AR Code / Title 17 / Chapter 25 / Subchapter 2 / Section 17-25-205
Disposition of funds
Status: in_force

The fees of the Contractors Licensing Board shall be deposited into banks to be used by the Contractors Licensing Board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules prescribed by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 315,§ 1378, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3424, eff. 7/1/2019. Acts 1965, No. 150, § 5; A.S.A. 1947, § 71-705.

The fees of the Contractors Licensing Board shall be deposited into banks to be used by the Contractors Licensing Board in the manner prescribed by law, similar to the accounts of other examining and licensing boards of the state, and shall be audited under rules prescribed by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 315,§ 1378, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3424, eff. 7/1/2019.

Acts 1965, No. 150, § 5; A.S.A. 1947, § 71-705.
Ark. Code Ann. § 17-95-303 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-303
Powers and duties
Status: in_force

The Arkansas State Medical Board shall: (1) Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law; (2) Have authority to promulgate and put into effect such rules as are necessary to carry out the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and the intentions expressed therein; (3) (A) (i) Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board. (ii) Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council. (B) The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper; (4) Have the authority to employ a director in consultation with the secretary to carry out the purposes and the mandates of the board; (5) Examine, as is provided for by law, all applicants for a license to practice medicine in this state; (6) Consider and give deference to data, studies, consensus documents, and conclusions issued by the Centers for Disease Control and Prevention or the National Institutes of Health whenever their data, studies, consensus documents, and conclusions are relevant to any decision made pursuant to the board's powers and duties under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (7) Have the power and authority to collect practice data from licensees; and (8) Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board. Amended by Act 2019, No. 315,§ 1621, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4896, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 69,§ 2, eff. 8/1/2017. Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 15, § 4; 1979, No. 150, § 1; 1983, No. 365, § 5; A.S.A. 1947, §§ 72-602, 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 2; 2001, No. 464, § 4; 2003, No. 1716, § 1; 2011, No. 1010, § 1.

The Arkansas State Medical Board shall:

(1) Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law;

(2) Have authority to promulgate and put into effect such rules as are necessary to carry out the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and the intentions expressed therein;

(3) (A) (i) Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board. (ii) Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council. (B) The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper;

(A) (i) Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board. (ii) Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council.

(i) Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board.

(ii) Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council.

(B) The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper;

(4) Have the authority to employ a director in consultation with the secretary to carry out the purposes and the mandates of the board;

(5) Examine, as is provided for by law, all applicants for a license to practice medicine in this state;

(6) Consider and give deference to data, studies, consensus documents, and conclusions issued by the Centers for Disease Control and Prevention or the National Institutes of Health whenever their data, studies, consensus documents, and conclusions are relevant to any decision made pursuant to the board's powers and duties under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;

(7) Have the power and authority to collect practice data from licensees; and

(8) Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.

Amended by Act 2019, No. 315,§ 1621, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4896, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 69,§ 2, eff. 8/1/2017.

Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 15, § 4; 1979, No. 150, § 1; 1983, No. 365, § 5; A.S.A. 1947, §§ 72-602, 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 2; 2001, No. 464, § 4; 2003, No. 1716, § 1; 2011, No. 1010, § 1.
Ark. Code Ann. § 17-84-309 — AR Code / Title 17 / Chapter 84 / Subchapter 3 / Section 17-84-309
Notification and use of business address
Status: in_force

(a) Every person who holds a license or internship shall notify the Arkansas Board of Hearing Instrument Dispensers in writing of the address of his or her established place of business and all satellite locations. (b) Any notice required to be given by the board to a person may be given by mailing it to him or her at the address of his or her established place of business. (c) It shall be the responsibility of every person who holds a license or internship to notify the board by certified letter of every change in his or her established place of business and all satellite locations within ten (10) days of any change. Acts 1969, No. 197, § 12; A.S.A. 1947, § 72-1712; Acts 1991, No. 46, § 1; 1999, No. 592, § 12.

(a) Every person who holds a license or internship shall notify the Arkansas Board of Hearing Instrument Dispensers in writing of the address of his or her established place of business and all satellite locations.

(b) Any notice required to be given by the board to a person may be given by mailing it to him or her at the address of his or her established place of business.

(c) It shall be the responsibility of every person who holds a license or internship to notify the board by certified letter of every change in his or her established place of business and all satellite locations within ten (10) days of any change.

Acts 1969, No. 197, § 12; A.S.A. 1947, § 72-1712; Acts 1991, No. 46, § 1; 1999, No. 592, § 12.
Ark. Code Ann. § 17-37-215 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-215
Operator's name
Status: in_force

(a) No licensed operator or qualified operator shall operate under more than one (1) company name in any one (1) category. (b) No person shall issue a solicitor's or agent's license to any other person for the purpose of operating under any other name except that of the licensed operator who registers the solicitor or agent with the State Plant Board. (c) All work shall be performed in the name of the licensed operator or his or her firm. All contracts, statements, bids, and letters shall be in his or her name and on his or her forms, and each agent shall drive vehicles lettered with the name of the licensed operator or his or her firm. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

(a) No licensed operator or qualified operator shall operate under more than one (1) company name in any one (1) category.

(b) No person shall issue a solicitor's or agent's license to any other person for the purpose of operating under any other name except that of the licensed operator who registers the solicitor or agent with the State Plant Board.

(c) All work shall be performed in the name of the licensed operator or his or her firm. All contracts, statements, bids, and letters shall be in his or her name and on his or her forms, and each agent shall drive vehicles lettered with the name of the licensed operator or his or her firm.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-12-109 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-109
Accountants' working papers
Status: in_force

(a) All statements, records, schedules, working papers, and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of the accountant in the absence of an express agreement between the accountant and the client to the contrary. (b) No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee to anyone other than one (1) or more surviving partners or new partners of the accountant or to his or her corporation or limited liability company. (c) Each licensee shall retain working papers for a period of time specified by the Arkansas State Board of Public Accountancy. Acts 1975, No. 160, § 21; A.S.A. 1947, § 71-631; Acts 1999, No. 180, § 4; 2005, No. 54, § 4.

(a) All statements, records, schedules, working papers, and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of the accountant in the absence of an express agreement between the accountant and the client to the contrary.

(b) No statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee to anyone other than one (1) or more surviving partners or new partners of the accountant or to his or her corporation or limited liability company.

(c) Each licensee shall retain working papers for a period of time specified by the Arkansas State Board of Public Accountancy.

Acts 1975, No. 160, § 21; A.S.A. 1947, § 71-631; Acts 1999, No. 180, § 4; 2005, No. 54, § 4.
Ark. Code Ann. § 17-24-305 — AR Code / Title 17 / Chapter 24 / Subchapter 3 / Section 17-24-305
Fees - Disposition
Status: in_force

(a) The State Board of Collection Agencies may charge an annual license fee not to exceed one hundred twenty-five dollars ($125) for licensing each collection agency and an annual fee of twenty dollars ($20.00) effective September 1, 2013, for registering each employee of the licensed collection agency who as an employee solicits, collects, or attempts to collect any delinquent account or accounts by telephone, mail, personal contact, or otherwise. (b) (1) All income from fees imposed under this section shall be distributed in the form of one (1) annual payment that is a percentage of the total funds available up to the maximum authorized under this subsection. (2) However, if less than one hundred percent (100%) of the total allocation is available for distribution, all allocations listed in subdivisions (b)(3)(A)-(I) of this section shall be funded at a prorated percentage consistent with the available funds, not to exceed the maximum amounts listed in subdivisions (b)(3)(A)-(I) of this section. (3) Beginning July 1, 2013, and each fiscal year thereafter, the board shall remit to: (A) The Treasurer of State for the Division of Medical Services of the Department of Human Services, an amount not to exceed one hundred fifteen thousand dollars ($115,000) for deposit into a paying account as determined by the Chief Fiscal Officer of the State to be used in accordance with § 20-10-705 ; (B) The University of Arkansas for Medical Sciences, an amount not to exceed six hundred thousand dollars ($600,000) for deposit into a financial institution in accordance with the policies of the University of Arkansas for Medical Sciences to be expended for the College of Pharmacy of the University of Arkansas for Medical Sciences and the College of Nursing of the University of Arkansas for Medical Sciences in accordance with § 6-64-417 ; (C) Arkansas State University-Mountain Home, an amount not to exceed two hundred fifty thousand dollars ($250,000) for deposit into the Arkansas State University-Mountain Home Fund to be expended exclusively for the Arkansas State University-Mountain Home Practical Nursing Program; (D) The University of Central Arkansas, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the University of Central Arkansas Fund to be expended exclusively for the University of Central Arkansas School of Nursing; (E) Southern Arkansas University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Southern Arkansas University Fund to be expended exclusively for personal services and operating expenses of the Southern Arkansas University system; (F) Henderson State University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Henderson State University Fund; (G) Arkansas Tech University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Arkansas Tech University Fund exclusively for nursing programs; (H) Northwest Arkansas Community College, an amount not to exceed fifty thousand dollars ($50,000) for deposit into the Northwest Arkansas Community College Fund exclusively for nursing programs; and (I) Arkansas Northeastern College, an amount not to exceed twenty-five thousand dollars ($25,000) for deposit into the Arkansas Northeastern College Fund to be expended exclusively for nursing programs. (4) Funds remaining after the distributions listed in subdivisions (b)(3)(A)-(I) of this section shall be deposited into a bank authorized to do business within this state and placed into the account of the board. Amended by Act 2021, No. 833,§ 56, eff. 7/1/2021. Amended by Act 2019, No. 489,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 386,§ 11, eff. 7/24/2019. Amended by Act 2015, No. 1156,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1156,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 1023,§ 4, eff. 7/1/2013. Acts 1965, No. 145, § 7; 1979, No. 86, § 1; 1985, No. 830, § 1; A.S.A. 1947, § 71-2007; Acts 1999, No. 1500, § 1; 2005, No. 2268, § 7; 2007, No. 1217, § 7; 2009, No. 1413, § 4; 2009, No. 1455, § 8; 2010, No. 281, § 4; 2011, No. 764, § 5.

(a) The State Board of Collection Agencies may charge an annual license fee not to exceed one hundred twenty-five dollars ($125) for licensing each collection agency and an annual fee of twenty dollars ($20.00) effective September 1, 2013, for registering each employee of the licensed collection agency who as an employee solicits, collects, or attempts to collect any delinquent account or accounts by telephone, mail, personal contact, or otherwise.

(b) (1) All income from fees imposed under this section shall be distributed in the form of one (1) annual payment that is a percentage of the total funds available up to the maximum authorized under this subsection. (2) However, if less than one hundred percent (100%) of the total allocation is available for distribution, all allocations listed in subdivisions (b)(3)(A)-(I) of this section shall be funded at a prorated percentage consistent with the available funds, not to exceed the maximum amounts listed in subdivisions (b)(3)(A)-(I) of this section. (3) Beginning July 1, 2013, and each fiscal year thereafter, the board shall remit to: (A) The Treasurer of State for the Division of Medical Services of the Department of Human Services, an amount not to exceed one hundred fifteen thousand dollars ($115,000) for deposit into a paying account as determined by the Chief Fiscal Officer of the State to be used in accordance with § 20-10-705 ; (B) The University of Arkansas for Medical Sciences, an amount not to exceed six hundred thousand dollars ($600,000) for deposit into a financial institution in accordance with the policies of the University of Arkansas for Medical Sciences to be expended for the College of Pharmacy of the University of Arkansas for Medical Sciences and the College of Nursing of the University of Arkansas for Medical Sciences in accordance with § 6-64-417 ; (C) Arkansas State University-Mountain Home, an amount not to exceed two hundred fifty thousand dollars ($250,000) for deposit into the Arkansas State University-Mountain Home Fund to be expended exclusively for the Arkansas State University-Mountain Home Practical Nursing Program; (D) The University of Central Arkansas, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the University of Central Arkansas Fund to be expended exclusively for the University of Central Arkansas School of Nursing; (E) Southern Arkansas University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Southern Arkansas University Fund to be expended exclusively for personal services and operating expenses of the Southern Arkansas University system; (F) Henderson State University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Henderson State University Fund; (G) Arkansas Tech University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Arkansas Tech University Fund exclusively for nursing programs; (H) Northwest Arkansas Community College, an amount not to exceed fifty thousand dollars ($50,000) for deposit into the Northwest Arkansas Community College Fund exclusively for nursing programs; and (I) Arkansas Northeastern College, an amount not to exceed twenty-five thousand dollars ($25,000) for deposit into the Arkansas Northeastern College Fund to be expended exclusively for nursing programs. (4) Funds remaining after the distributions listed in subdivisions (b)(3)(A)-(I) of this section shall be deposited into a bank authorized to do business within this state and placed into the account of the board.

(1) All income from fees imposed under this section shall be distributed in the form of one (1) annual payment that is a percentage of the total funds available up to the maximum authorized under this subsection.

(2) However, if less than one hundred percent (100%) of the total allocation is available for distribution, all allocations listed in subdivisions (b)(3)(A)-(I) of this section shall be funded at a prorated percentage consistent with the available funds, not to exceed the maximum amounts listed in subdivisions (b)(3)(A)-(I) of this section.

(3) Beginning July 1, 2013, and each fiscal year thereafter, the board shall remit to: (A) The Treasurer of State for the Division of Medical Services of the Department of Human Services, an amount not to exceed one hundred fifteen thousand dollars ($115,000) for deposit into a paying account as determined by the Chief Fiscal Officer of the State to be used in accordance with § 20-10-705 ; (B) The University of Arkansas for Medical Sciences, an amount not to exceed six hundred thousand dollars ($600,000) for deposit into a financial institution in accordance with the policies of the University of Arkansas for Medical Sciences to be expended for the College of Pharmacy of the University of Arkansas for Medical Sciences and the College of Nursing of the University of Arkansas for Medical Sciences in accordance with § 6-64-417 ; (C) Arkansas State University-Mountain Home, an amount not to exceed two hundred fifty thousand dollars ($250,000) for deposit into the Arkansas State University-Mountain Home Fund to be expended exclusively for the Arkansas State University-Mountain Home Practical Nursing Program; (D) The University of Central Arkansas, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the University of Central Arkansas Fund to be expended exclusively for the University of Central Arkansas School of Nursing; (E) Southern Arkansas University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Southern Arkansas University Fund to be expended exclusively for personal services and operating expenses of the Southern Arkansas University system; (F) Henderson State University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Henderson State University Fund; (G) Arkansas Tech University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Arkansas Tech University Fund exclusively for nursing programs; (H) Northwest Arkansas Community College, an amount not to exceed fifty thousand dollars ($50,000) for deposit into the Northwest Arkansas Community College Fund exclusively for nursing programs; and (I) Arkansas Northeastern College, an amount not to exceed twenty-five thousand dollars ($25,000) for deposit into the Arkansas Northeastern College Fund to be expended exclusively for nursing programs.

(A) The Treasurer of State for the Division of Medical Services of the Department of Human Services, an amount not to exceed one hundred fifteen thousand dollars ($115,000) for deposit into a paying account as determined by the Chief Fiscal Officer of the State to be used in accordance with § 20-10-705 ;

(B) The University of Arkansas for Medical Sciences, an amount not to exceed six hundred thousand dollars ($600,000) for deposit into a financial institution in accordance with the policies of the University of Arkansas for Medical Sciences to be expended for the College of Pharmacy of the University of Arkansas for Medical Sciences and the College of Nursing of the University of Arkansas for Medical Sciences in accordance with § 6-64-417 ;

(C) Arkansas State University-Mountain Home, an amount not to exceed two hundred fifty thousand dollars ($250,000) for deposit into the Arkansas State University-Mountain Home Fund to be expended exclusively for the Arkansas State University-Mountain Home Practical Nursing Program;

(D) The University of Central Arkansas, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the University of Central Arkansas Fund to be expended exclusively for the University of Central Arkansas School of Nursing;

(E) Southern Arkansas University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Southern Arkansas University Fund to be expended exclusively for personal services and operating expenses of the Southern Arkansas University system;

(F) Henderson State University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Henderson State University Fund;

(G) Arkansas Tech University, an amount not to exceed one hundred thousand dollars ($100,000) for deposit into the Arkansas Tech University Fund exclusively for nursing programs;

(H) Northwest Arkansas Community College, an amount not to exceed fifty thousand dollars ($50,000) for deposit into the Northwest Arkansas Community College Fund exclusively for nursing programs; and

(I) Arkansas Northeastern College, an amount not to exceed twenty-five thousand dollars ($25,000) for deposit into the Arkansas Northeastern College Fund to be expended exclusively for nursing programs.

(4) Funds remaining after the distributions listed in subdivisions (b)(3)(A)-(I) of this section shall be deposited into a bank authorized to do business within this state and placed into the account of the board.

Amended by Act 2021, No. 833,§ 56, eff. 7/1/2021.

Amended by Act 2019, No. 489,§ 4, eff. 7/1/2019.

Amended by Act 2019, No. 386,§ 11, eff. 7/24/2019.

Amended by Act 2015, No. 1156,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1156,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 1023,§ 4, eff. 7/1/2013.

Acts 1965, No. 145, § 7; 1979, No. 86, § 1; 1985, No. 830, § 1; A.S.A. 1947, § 71-2007; Acts 1999, No. 1500, § 1; 2005, No. 2268, § 7; 2007, No. 1217, § 7; 2009, No. 1413, § 4; 2009, No. 1455, § 8; 2010, No. 281, § 4; 2011, No. 764, § 5.
Ark. Code Ann. § 17-23-104 — AR Code / Title 17 / Chapter 23 / Subchapter 1 / Section 17-23-104
Civil liability
Status: in_force

(a) Any person who has been damaged or injured by the failure of a person required to be licensed under this chapter to comply with the provisions of this chapter may recover the actual damages sustained. (b) The court in its discretion may also award punitive damages and the cost of suit and reasonable attorney's fees to a prevailing plaintiff. Acts 1981, No. 87, § 6; A.S.A. 1947, § 71-5406.

(a) Any person who has been damaged or injured by the failure of a person required to be licensed under this chapter to comply with the provisions of this chapter may recover the actual damages sustained.

(b) The court in its discretion may also award punitive damages and the cost of suit and reasonable attorney's fees to a prevailing plaintiff.

Acts 1981, No. 87, § 6; A.S.A. 1947, § 71-5406.
Ark. Code Ann. § 17-80-201 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-201
Short title
Status: in_force

This subchapter shall be known as the "Impaired Physician and Dentist Treatment Act". Acts 1993, No. 1220, § 1.

This subchapter shall be known as the "Impaired Physician and Dentist Treatment Act".

Acts 1993, No. 1220, § 1.
Ark. Code Ann. § 17-92-907 — AR Code / Title 17 / Chapter 92 / Subchapter 9 / Section 17-92-907
Manufacture, shipment, or sale of medical gases
Status: in_force

(a) The manufacture within this state, shipment into this state, or sale or offer for sale within this state of medical gases shall not be subject to § 20-56-211(11)(C) . (b) (1) Pursuant to this subchapter, the dispensing of medical gases does not require a retail pharmacy permit. (2) The sale of medical gases directly to patients shall not be subject to § 20-56-211(11)(C) or § 20-64-504 . Acts 1995, No. 1101, § 10.

(a) The manufacture within this state, shipment into this state, or sale or offer for sale within this state of medical gases shall not be subject to § 20-56-211(11)(C) .

(b) (1) Pursuant to this subchapter, the dispensing of medical gases does not require a retail pharmacy permit. (2) The sale of medical gases directly to patients shall not be subject to § 20-56-211(11)(C) or § 20-64-504 .

(1) Pursuant to this subchapter, the dispensing of medical gases does not require a retail pharmacy permit.

(2) The sale of medical gases directly to patients shall not be subject to § 20-56-211(11)(C) or § 20-64-504 .

Acts 1995, No. 1101, § 10.
Ark. Code Ann. § 17-12-308 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-308
Reciprocity
Status: in_force

(a) With regard to applicants that do not qualify for reciprocity under the substantial equivalency standard set out in § 17-12-311 , the Arkansas State Board of Public Accountancy shall issue a certificate as a certified public accountant to a holder of a certificate, license, or permit issued by another state upon a showing that: (1) The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state; (2) The applicant: (A) Meets all current requirements in this state for issuance of a certificate at the time application is made; (B) At the time of the issuance of the applicant's certificate, license, or permit in the other state met all such requirements then applicable in this state; or (C) Had four (4) years of experience outside of this state that meet the requirements of § 17-12-309(b) and (c) or meet equivalent requirements prescribed by the board by rule after passing the examination upon which the applicant's certificate was based and within the ten (10) years immediately preceding the application; (3) The applicant has had experience in the practice of public accounting meeting the requirements of § 17-12-309 ; and (4) The applicant has fulfilled the continuing education requirements applicable under § 17-12-502 . (b) As an alternative to the requirements of § 17-12-308(a) , a certificate holder licensed by another state who establishes his or her principal place of business in this state shall request the issuance of a certificate from the board before establishing such a principal place of business. The board shall issue a certificate to such a person who obtains from the NASBA National Qualification Appraisal Service verification that the individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act. (c) The board shall issue a certificate to a holder of a substantially equivalent foreign designation, provided that: (1) The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation; and (2) The foreign designation: (A) Was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended; (B) Entitles the holder to issue reports upon financial statements; and (C) Was issued upon the basis of education, examination, and experience requirements established by the foreign authority or by law; and (3) The applicant: (A) Received the designation, based on education and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted; (B) Completed an experience requirement substantially equivalent to the requirement set out in § 17-12-309 in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application; and (C) Passed a uniform qualifying examination in national standards acceptable to the board. (d) An applicant under subsection (c) of this section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this subsection shall notify the board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction. Amended by Act 2017, No. 277,§ 2, eff. 8/1/2017. Acts 1975, No. 160, §§ 3, 3A; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1997, No. 242, § 7; 1999, No. 180, § 18.

(a) With regard to applicants that do not qualify for reciprocity under the substantial equivalency standard set out in § 17-12-311 , the Arkansas State Board of Public Accountancy shall issue a certificate as a certified public accountant to a holder of a certificate, license, or permit issued by another state upon a showing that: (1) The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state; (2) The applicant: (A) Meets all current requirements in this state for issuance of a certificate at the time application is made; (B) At the time of the issuance of the applicant's certificate, license, or permit in the other state met all such requirements then applicable in this state; or (C) Had four (4) years of experience outside of this state that meet the requirements of § 17-12-309(b) and (c) or meet equivalent requirements prescribed by the board by rule after passing the examination upon which the applicant's certificate was based and within the ten (10) years immediately preceding the application; (3) The applicant has had experience in the practice of public accounting meeting the requirements of § 17-12-309 ; and (4) The applicant has fulfilled the continuing education requirements applicable under § 17-12-502 .

(1) The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state;

(2) The applicant: (A) Meets all current requirements in this state for issuance of a certificate at the time application is made; (B) At the time of the issuance of the applicant's certificate, license, or permit in the other state met all such requirements then applicable in this state; or (C) Had four (4) years of experience outside of this state that meet the requirements of § 17-12-309(b) and (c) or meet equivalent requirements prescribed by the board by rule after passing the examination upon which the applicant's certificate was based and within the ten (10) years immediately preceding the application;

(A) Meets all current requirements in this state for issuance of a certificate at the time application is made;

(B) At the time of the issuance of the applicant's certificate, license, or permit in the other state met all such requirements then applicable in this state; or

(C) Had four (4) years of experience outside of this state that meet the requirements of § 17-12-309(b) and (c) or meet equivalent requirements prescribed by the board by rule after passing the examination upon which the applicant's certificate was based and within the ten (10) years immediately preceding the application;

(3) The applicant has had experience in the practice of public accounting meeting the requirements of § 17-12-309 ; and

(4) The applicant has fulfilled the continuing education requirements applicable under § 17-12-502 .

(b) As an alternative to the requirements of § 17-12-308(a) , a certificate holder licensed by another state who establishes his or her principal place of business in this state shall request the issuance of a certificate from the board before establishing such a principal place of business. The board shall issue a certificate to such a person who obtains from the NASBA National Qualification Appraisal Service verification that the individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act.

(c) The board shall issue a certificate to a holder of a substantially equivalent foreign designation, provided that: (1) The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation; and (2) The foreign designation: (A) Was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended; (B) Entitles the holder to issue reports upon financial statements; and (C) Was issued upon the basis of education, examination, and experience requirements established by the foreign authority or by law; and (3) The applicant: (A) Received the designation, based on education and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted; (B) Completed an experience requirement substantially equivalent to the requirement set out in § 17-12-309 in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application; and (C) Passed a uniform qualifying examination in national standards acceptable to the board.

(1) The foreign authority which granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the foreign authority's comparable designation; and

(2) The foreign designation: (A) Was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended; (B) Entitles the holder to issue reports upon financial statements; and (C) Was issued upon the basis of education, examination, and experience requirements established by the foreign authority or by law; and

(A) Was duly issued by a foreign authority that regulates the practice of public accountancy and the foreign designation has not expired or been revoked or suspended;

(B) Entitles the holder to issue reports upon financial statements; and

(C) Was issued upon the basis of education, examination, and experience requirements established by the foreign authority or by law; and

(3) The applicant: (A) Received the designation, based on education and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted; (B) Completed an experience requirement substantially equivalent to the requirement set out in § 17-12-309 in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application; and (C) Passed a uniform qualifying examination in national standards acceptable to the board.

(A) Received the designation, based on education and examination standards substantially equivalent to those in effect in this state, at the time the foreign designation was granted;

(B) Completed an experience requirement substantially equivalent to the requirement set out in § 17-12-309 in the jurisdiction which granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements prescribed by the board by rule, within the ten (10) years immediately preceding the application; and

(C) Passed a uniform qualifying examination in national standards acceptable to the board.

(d) An applicant under subsection (c) of this section shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this subsection shall notify the board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.

Amended by Act 2017, No. 277,§ 2, eff. 8/1/2017.

Acts 1975, No. 160, §§ 3, 3A; 1979, No. 432, § 2; A.S.A. 1947, § 71-613; Acts 1997, No. 242, § 7; 1999, No. 180, § 18.
Ark. Code Ann. § 17-20-102 — AR Code / Title 17 / Chapter 20 / Subchapter 1 / Section 17-20-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Barber" means an individual who practices barbering; (2) "Barber pole" means any version or likeness of the traditional symbol used to identify a barbershop, customarily composed of a vertical cylinder or pole with a ball on top, alternating stripes of any combination of colors including red and white, and red, white, and blue, which run diagonally along all or part of the length of the cylinder or pole; (3) (A) "Barbering" means any one (1) or any combination of the following practices when performed for cosmetic purposes and done for the public generally for pay or other compensation, either directly or indirectly: (i) Shaving or trimming the beard; (ii) Cutting hair; (iii) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances; (iv) Singeing, shampooing, or applying chemicals; or (v) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck. (B) "Barbering" does not include the practices described in subdivision (3)(A) of this section when done for the treatment of physical or mental ailments or diseases; and (4) "Barbershop" means an establishment in which barbering is practiced. Amended by Act 2023, No. 465,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 1060,§ 2, eff. 8/1/2017. Acts 1937, No. 313, § 2; Pope's Dig., § 12070; A.S.A. 1947, § 71-502; Acts 1989, No. 388, § 1; 1993, No. 1056, § 1.

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

(1) "Barber" means an individual who practices barbering;

(2) "Barber pole" means any version or likeness of the traditional symbol used to identify a barbershop, customarily composed of a vertical cylinder or pole with a ball on top, alternating stripes of any combination of colors including red and white, and red, white, and blue, which run diagonally along all or part of the length of the cylinder or pole;

(3) (A) "Barbering" means any one (1) or any combination of the following practices when performed for cosmetic purposes and done for the public generally for pay or other compensation, either directly or indirectly: (i) Shaving or trimming the beard; (ii) Cutting hair; (iii) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances; (iv) Singeing, shampooing, or applying chemicals; or (v) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck. (B) "Barbering" does not include the practices described in subdivision (3)(A) of this section when done for the treatment of physical or mental ailments or diseases; and

(A) "Barbering" means any one (1) or any combination of the following practices when performed for cosmetic purposes and done for the public generally for pay or other compensation, either directly or indirectly: (i) Shaving or trimming the beard; (ii) Cutting hair; (iii) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances; (iv) Singeing, shampooing, or applying chemicals; or (v) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck.

(i) Shaving or trimming the beard;

(ii) Cutting hair;

(iii) Giving facial and scalp massage or application of oils, creams, lotions, or other preparations, either by hand or mechanical appliances;

(iv) Singeing, shampooing, or applying chemicals; or

(v) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck.

(B) "Barbering" does not include the practices described in subdivision (3)(A) of this section when done for the treatment of physical or mental ailments or diseases; and

(4) "Barbershop" means an establishment in which barbering is practiced.

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

Amended by Act 2017, No. 1060,§ 2, eff. 8/1/2017.

Acts 1937, No. 313, § 2; Pope's Dig., § 12070; A.S.A. 1947, § 71-502; Acts 1989, No. 388, § 1; 1993, No. 1056, § 1.
Ark. Code Ann. § 17-89-408 — AR Code / Title 17 / Chapter 89 / Subchapter 4 / Section 17-89-408
Office permit
Status: in_force

(a) (1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board rule for each such office or place of business. (2) However, persons or entities identified in § 17-89-103 are exempt from this section. (3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed. (b) The office permit shall be renewed on or before July 1 of each year at a cost and pursuant to procedures to be determined by board rule. (c) The board shall suspend, revoke, or refuse to issue or renew an office permit for any violation of any provision of this chapter or of any rules promulgated by the board, including at least the following: (1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, person, or legal entity violates any prohibitive provision under this chapter; (3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising; (4) The applicant, person, or legal entity fails to qualify for the office permit; or (5) The applicant, person, or legal entity violates any other rule promulgated by the board. (d) After due notice and a hearing regarding a violation of this section, the board may impose any one (1) of the following sanctions: (1) Suspension, revocation, or denial of the office permit renewal thereof; (2) A penalty not to exceed one thousand dollars ($1,000) for each violation; or (3) Such other requirements or penalties as may be appropriate to the circumstance or the case and which would achieve the desired disciplinary purpose but which would not impair the public welfare and morals. (e) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain the judgment for the amount of the penalty not paid. Amended by Act 2019, No. 315,§ 1555, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1554, eff. 7/24/2019. Acts 1999, No. 524, § 6.

(a) (1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board rule for each such office or place of business. (2) However, persons or entities identified in § 17-89-103 are exempt from this section. (3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.

(1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board rule for each such office or place of business.

(2) However, persons or entities identified in § 17-89-103 are exempt from this section.

(3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.

(b) The office permit shall be renewed on or before July 1 of each year at a cost and pursuant to procedures to be determined by board rule.

(c) The board shall suspend, revoke, or refuse to issue or renew an office permit for any violation of any provision of this chapter or of any rules promulgated by the board, including at least the following: (1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts; (2) The applicant, person, or legal entity violates any prohibitive provision under this chapter; (3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising; (4) The applicant, person, or legal entity fails to qualify for the office permit; or (5) The applicant, person, or legal entity violates any other rule promulgated by the board.

(1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts;

(2) The applicant, person, or legal entity violates any prohibitive provision under this chapter;

(3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising;

(4) The applicant, person, or legal entity fails to qualify for the office permit; or

(5) The applicant, person, or legal entity violates any other rule promulgated by the board.

(d) After due notice and a hearing regarding a violation of this section, the board may impose any one (1) of the following sanctions: (1) Suspension, revocation, or denial of the office permit renewal thereof; (2) A penalty not to exceed one thousand dollars ($1,000) for each violation; or (3) Such other requirements or penalties as may be appropriate to the circumstance or the case and which would achieve the desired disciplinary purpose but which would not impair the public welfare and morals.

(1) Suspension, revocation, or denial of the office permit renewal thereof;

(2) A penalty not to exceed one thousand dollars ($1,000) for each violation; or

(3) Such other requirements or penalties as may be appropriate to the circumstance or the case and which would achieve the desired disciplinary purpose but which would not impair the public welfare and morals.

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

Amended by Act 2019, No. 315,§ 1555, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1554, eff. 7/24/2019.

Acts 1999, No. 524, § 6.
Ark. Code Ann. § 17-105-108 — AR Code / Title 17 / Chapter 105 / Section 17-105-108
Prescriptive authority
Status: in_force

(a) (1) Physicians supervising physician assistants may delegate prescriptive authority to physician assistants to include receiving, prescribing, ordering, and administering Schedules II-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices. (2) A physician assistant's prescriptive authority extends to drugs listed in Schedule II only if the prescription is for: (A) An opioid, if the prescription is only for a five-day period or less; or (B) A stimulant, if the prescription meets the following criteria: (i) The prescription was originally initiated by a physician; (ii) The physician has evaluated the patient within six (6) months before the physician assistant issues a prescription; and (iii) The prescription by the physician assistant is to treat the same condition as the original prescription. (b) A physician assistant may prescribe hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014, if authorized by the physician assistant's supervising physician and in accordance with other requirements of this section. (c) At no time shall a physician assistant's level of prescriptive authority exceed that of the supervising physician. (d) Physician assistants who prescribe controlled substances shall register with the United States Drug Enforcement Administration as part of the United States Drug Enforcement Administration's Mid-Level Practitioner Registry, 21 C.F.R. Part 1300, 58 FR 31171-31175, and the Controlled Substances Act. (e) The Arkansas State Medical Board shall promptly adopt rules concerning physician assistants that are consistent with the board's rules governing the prescription of dangerous drugs and controlled substances by physicians. Amended by Act 2021, No. 634,§ 10, eff. 7/28/2021. Amended by Act 2015, No. 529,§ 2, eff. 7/22/2015. Acts 1999, No. 851, § 8.

(a) (1) Physicians supervising physician assistants may delegate prescriptive authority to physician assistants to include receiving, prescribing, ordering, and administering Schedules II-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices. (2) A physician assistant's prescriptive authority extends to drugs listed in Schedule II only if the prescription is for: (A) An opioid, if the prescription is only for a five-day period or less; or (B) A stimulant, if the prescription meets the following criteria: (i) The prescription was originally initiated by a physician; (ii) The physician has evaluated the patient within six (6) months before the physician assistant issues a prescription; and (iii) The prescription by the physician assistant is to treat the same condition as the original prescription.

(1) Physicians supervising physician assistants may delegate prescriptive authority to physician assistants to include receiving, prescribing, ordering, and administering Schedules II-V controlled substances as described in the Uniform Controlled Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices.

(2) A physician assistant's prescriptive authority extends to drugs listed in Schedule II only if the prescription is for: (A) An opioid, if the prescription is only for a five-day period or less; or (B) A stimulant, if the prescription meets the following criteria: (i) The prescription was originally initiated by a physician; (ii) The physician has evaluated the patient within six (6) months before the physician assistant issues a prescription; and (iii) The prescription by the physician assistant is to treat the same condition as the original prescription.

(A) An opioid, if the prescription is only for a five-day period or less; or

(B) A stimulant, if the prescription meets the following criteria: (i) The prescription was originally initiated by a physician; (ii) The physician has evaluated the patient within six (6) months before the physician assistant issues a prescription; and (iii) The prescription by the physician assistant is to treat the same condition as the original prescription.

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

(ii) The physician has evaluated the patient within six (6) months before the physician assistant issues a prescription; and

(iii) The prescription by the physician assistant is to treat the same condition as the original prescription.

(b) A physician assistant may prescribe hydrocodone combination products reclassified from Schedule III to Schedule II as of October 6, 2014, if authorized by the physician assistant's supervising physician and in accordance with other requirements of this section.

(c) At no time shall a physician assistant's level of prescriptive authority exceed that of the supervising physician.

(d) Physician assistants who prescribe controlled substances shall register with the United States Drug Enforcement Administration as part of the United States Drug Enforcement Administration's Mid-Level Practitioner Registry, 21 C.F.R. Part 1300, 58 FR 31171-31175, and the Controlled Substances Act.

(e) The Arkansas State Medical Board shall promptly adopt rules concerning physician assistants that are consistent with the board's rules governing the prescription of dangerous drugs and controlled substances by physicians.

Amended by Act 2021, No. 634,§ 10, eff. 7/28/2021.

Amended by Act 2015, No. 529,§ 2, eff. 7/22/2015.

Acts 1999, No. 851, § 8.
Ark. Code Ann. § 17-43-102 — AR Code / Title 17 / Chapter 43 / Subchapter 1 / Section 17-43-102
Penalties
Status: in_force

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment not exceeding three (3) months, or by both fine and imprisonment, and each day of violation shall constitute a separate offense. Acts 1957, No. 281, § 20; A.S.A. 1947, § 71-1620.

Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment not exceeding three (3) months, or by both fine and imprisonment, and each day of violation shall constitute a separate offense.

Acts 1957, No. 281, § 20; A.S.A. 1947, § 71-1620.
Ark. Code Ann. § 17-33-101 — AR Code / Title 17 / Chapter 33 / Subchapter 1 / Section 17-33-101
Definitions
Status: in_force

As used in this chapter: (1) [Repealed.] (2) "BTUH" means British Thermal Unit per hour of heat; (3) [Repealed.] (4) [Repealed.] (5) "Heating and air conditioning" means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements; (6) "Heating, ventilation, air conditioning, and refrigeration" or "HVACR" means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems; (7) "Horsepower" means the equivalent to seven hundred forty-six (746) watts; (8) "HVACR gas fitting work" means gas fitting work for the purpose of supplying an HVACR system and shall be limited to installing six feet (6') or less final of gas piping connection to a heating unit from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system; (9) "HVACR Licensing Fund" means a fund established under this chapter to be used exclusively to fund all activities covered under this chapter; (10) "HVACR maintenance work" means repair, modification, service, and all other work required for the normal continued performance of an HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by persons licensed under § 20-23-101 et seq.; (11) "Licensee" means the holder of a license issued pursuant to this chapter; (12) "One ton" means twelve thousand (12,000) BTUH; (13) "Persons" means any individual, firm, partnership, copartnership, corporation, association, cooperative, or any other association or combination thereof; (14) "Public entity" means any agency of the State of Arkansas or any political subdivision of the state; (15) "Refrigeration" means the use of mechanical or absorption equipment to control temperature or humidity, or both, in order to satisfy the intended use of a specific space other than for human comfort; (16) "Registrant" means a person who: (A) Does not hold a Class A, Class B, Class C, Class D, or Class E HVACR license; (B) Can only perform work for an HVACR licensee; and (C) Holds a current HVACR registration; (17) "Repair" means the reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance; (18) "Subcontractor" means a person who performs a portion of the HVACR installation; and (19) "Ventilation" means the process of supplying or removing air by natural or mechanical means to or from any space. Amended by Act 2023, No. 270,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 2, eff. 8/1/2023. Acts 1991, No. 277, § 1; 1999, No. 465, § 1.

As used in this chapter:

(1) [Repealed.]

(2) "BTUH" means British Thermal Unit per hour of heat;

(3) [Repealed.]

(4) [Repealed.]

(5) "Heating and air conditioning" means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements;

(6) "Heating, ventilation, air conditioning, and refrigeration" or "HVACR" means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems;

(7) "Horsepower" means the equivalent to seven hundred forty-six (746) watts;

(8) "HVACR gas fitting work" means gas fitting work for the purpose of supplying an HVACR system and shall be limited to installing six feet (6') or less final of gas piping connection to a heating unit from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system;

(9) "HVACR Licensing Fund" means a fund established under this chapter to be used exclusively to fund all activities covered under this chapter;

(10) "HVACR maintenance work" means repair, modification, service, and all other work required for the normal continued performance of an HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by persons licensed under § 20-23-101 et seq.;

(11) "Licensee" means the holder of a license issued pursuant to this chapter;

(12) "One ton" means twelve thousand (12,000) BTUH;

(13) "Persons" means any individual, firm, partnership, copartnership, corporation, association, cooperative, or any other association or combination thereof;

(14) "Public entity" means any agency of the State of Arkansas or any political subdivision of the state;

(15) "Refrigeration" means the use of mechanical or absorption equipment to control temperature or humidity, or both, in order to satisfy the intended use of a specific space other than for human comfort;

(16) "Registrant" means a person who: (A) Does not hold a Class A, Class B, Class C, Class D, or Class E HVACR license; (B) Can only perform work for an HVACR licensee; and (C) Holds a current HVACR registration;

(A) Does not hold a Class A, Class B, Class C, Class D, or Class E HVACR license;

(B) Can only perform work for an HVACR licensee; and

(C) Holds a current HVACR registration;

(17) "Repair" means the reconstruction or replacement of any part of an existing HVACR system for the purpose of its maintenance;

(18) "Subcontractor" means a person who performs a portion of the HVACR installation; and

(19) "Ventilation" means the process of supplying or removing air by natural or mechanical means to or from any space.

Amended by Act 2023, No. 270,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 270,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 270,§ 2, eff. 8/1/2023.

Acts 1991, No. 277, § 1; 1999, No. 465, § 1.
Ark. Code Ann. § 17-82-104 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-104
Unlawful practice - Definition
Status: in_force

(a) It is unlawful for a dentist or dental hygienist to: (1) (A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq. (B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or (2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof. (b) (1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to: (A) Direct the dentist's practice; or (B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care. (2) However, the phrase "any person" as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization. (c) It is unlawful for any corporation to practice dentistry or dental hygiene or to hold itself out as entitled to engage therein. (d) (1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist. (2) (A) As used in this subsection, "general supervision" means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist. (B) "General supervision" includes the following restrictions: (i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist; (ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist; (iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient. (C) The dental hygienist shall review a patient's dental health history before treatment. (e) (1) A person who violates any provision of this section shall upon conviction be guilty of a violation and shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day a violation continues shall constitute a separate offense. (3) In addition to the foregoing criminal sanctions, a person who violates the provisions of this section is subject to the liabilities of § 17-82-301(b) . Amended by Act 2019, No. 315,§ 1512, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 971, eff. 7/1/2019. Acts 1955, No. 14, § 26; A.S.A. 1947, § 72-559; Acts 1989, No. 363, § 1; 1993, No. 883, § 1; 2001, No. 950, § 1; 2005, No. 1994, § 85; 2009, No. 203, § 1.

(a) It is unlawful for a dentist or dental hygienist to: (1) (A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq. (B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or (2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof.

(1) (A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq. (B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or

(A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq.

(B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or

(2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof.

(b) (1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to: (A) Direct the dentist's practice; or (B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care. (2) However, the phrase "any person" as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization.

(1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to: (A) Direct the dentist's practice; or (B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care.

(A) Direct the dentist's practice; or

(B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care.

(2) However, the phrase "any person" as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization.

(c) It is unlawful for any corporation to practice dentistry or dental hygiene or to hold itself out as entitled to engage therein.

(d) (1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist. (2) (A) As used in this subsection, "general supervision" means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist. (B) "General supervision" includes the following restrictions: (i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist; (ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist; (iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient. (C) The dental hygienist shall review a patient's dental health history before treatment.

(1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist.

(2) (A) As used in this subsection, "general supervision" means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist. (B) "General supervision" includes the following restrictions: (i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist; (ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist; (iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient. (C) The dental hygienist shall review a patient's dental health history before treatment.

(A) As used in this subsection, "general supervision" means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist.

(B) "General supervision" includes the following restrictions: (i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist; (ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist; (iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient.

(i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist;

(ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist;

(iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient.

(a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board.

(b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient.

(C) The dental hygienist shall review a patient's dental health history before treatment.

(e) (1) A person who violates any provision of this section shall upon conviction be guilty of a violation and shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day a violation continues shall constitute a separate offense. (3) In addition to the foregoing criminal sanctions, a person who violates the provisions of this section is subject to the liabilities of § 17-82-301(b) .

(1) A person who violates any provision of this section shall upon conviction be guilty of a violation and shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(2) Each day a violation continues shall constitute a separate offense.

(3) In addition to the foregoing criminal sanctions, a person who violates the provisions of this section is subject to the liabilities of § 17-82-301(b) .

Amended by Act 2019, No. 315,§ 1512, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 971, eff. 7/1/2019.

Acts 1955, No. 14, § 26; A.S.A. 1947, § 72-559; Acts 1989, No. 363, § 1; 1993, No. 883, § 1; 2001, No. 950, § 1; 2005, No. 1994, § 85; 2009, No. 203, § 1.
Ark. Code Ann. § 17-40-318 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-318
Training requirements for alarm systems company
Status: in_force

The Director of the Division of Arkansas State Police shall promulgate rules regarding the training requirements for alarm systems companies, alarm systems apprentices, alarm systems monitors, alarm systems technicians, and alarm systems agents. Amended by Act 2019, No. 910,§ 5985, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 72, eff. 9/1/2015. Acts 1989, No. 926, § 6; 1999, No. 1493, § 10; 2001, No. 1474, § 3.

The Director of the Division of Arkansas State Police shall promulgate rules regarding the training requirements for alarm systems companies, alarm systems apprentices, alarm systems monitors, alarm systems technicians, and alarm systems agents.

Amended by Act 2019, No. 910,§ 5985, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 72, eff. 9/1/2015.

Acts 1989, No. 926, § 6; 1999, No. 1493, § 10; 2001, No. 1474, § 3.
Ark. Code Ann. § 17-50-107 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-107
Scope
Status: in_force

(a) No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it. (b) The provisions of this chapter and rules adopted pursuant to it shall not be construed to repeal the provisions of any other law or ordinance of any municipality establishing standards with respect to water well drilling or pump installation and shall prevail concurrently with such other law or ordinance. Amended by Act 2019, No. 315,§ 1479, eff. 7/24/2019. Acts 1969, No. 641, §§ 4, 20; A.S.A. 1947, §§ 21-2004, 21-2020.

(a) No person shall construct, repair, or abandon, or cause to be constructed, repaired, or abandoned, any water well without complying with the provisions of this chapter and the rules adopted pursuant to it.

(b) The provisions of this chapter and rules adopted pursuant to it shall not be construed to repeal the provisions of any other law or ordinance of any municipality establishing standards with respect to water well drilling or pump installation and shall prevail concurrently with such other law or ordinance.

Amended by Act 2019, No. 315,§ 1479, eff. 7/24/2019.

Acts 1969, No. 641, §§ 4, 20; A.S.A. 1947, §§ 21-2004, 21-2020.
Ark. Code Ann. § 17-14-410 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-410
Disciplinary authority, enforcement, and hearings
Status: in_force

(a) The State Board of Appraisers, Abstracters, and Home Inspectors may deny, suspend, revoke, or refuse to issue or renew the registration of an appraisal management company under this subchapter or may restrict or limit the activities of an appraisal management company or a person who owns an interest in or participates in the business of an appraisal management company if the board finds that any of the following circumstances apply to the applicant, a registrant, or a partner, member, manager, officer, director, managing principal, controlling person, or a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the applicant or registrant: (1) The person's application for registration when filed or after filing contained a statement that in light of the circumstances under which it was made is false or misleading with respect to a material fact; (2) The person has violated or failed to comply with this subchapter; (3) The person has pleaded guilty or nolo contendere to or been found guilty of: (A) A felony listed under § 17-3-102 ; or (B) Within the past ten (10) years: (i) A misdemeanor involving mortgage lending or real estate appraising; or (ii) An offense involving breach of trust or fraudulent or dishonest dealing; (4) The person is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company; (5) The person is the subject of an order of the board or any other state appraisal management company regulatory agency denying, suspending, or revoking the person's privilege to operate as an appraisal management company; (6) The person acted as an appraisal management company while not properly registered by the board; or (7) The person failed to pay the proper filing or renewal fee under this subchapter. (b) Upon its own motion or the written complaint of a person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may: (1) Suspend or revoke the registration of a registrant; (2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or (3) Take other appropriate disciplinary actions as established by rule of the board. (c) (1) Before imposing a penalty on a registrant, the board shall: (A) Notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing; and (B) Afford the registrant an opportunity to be heard in person or by counsel. (2) The board may make findings of fact and shall deliver or mail the findings to the registrant charged with an offense under this subchapter. Amended by Act 2023, No. 628,§ 44, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 15, eff. 7/24/2019. Amended by Act 2017, No. 535,§ 9, eff. 3/20/2017. Acts 2009, No. 628, § 1.

(a) The State Board of Appraisers, Abstracters, and Home Inspectors may deny, suspend, revoke, or refuse to issue or renew the registration of an appraisal management company under this subchapter or may restrict or limit the activities of an appraisal management company or a person who owns an interest in or participates in the business of an appraisal management company if the board finds that any of the following circumstances apply to the applicant, a registrant, or a partner, member, manager, officer, director, managing principal, controlling person, or a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the applicant or registrant: (1) The person's application for registration when filed or after filing contained a statement that in light of the circumstances under which it was made is false or misleading with respect to a material fact; (2) The person has violated or failed to comply with this subchapter; (3) The person has pleaded guilty or nolo contendere to or been found guilty of: (A) A felony listed under § 17-3-102 ; or (B) Within the past ten (10) years: (i) A misdemeanor involving mortgage lending or real estate appraising; or (ii) An offense involving breach of trust or fraudulent or dishonest dealing; (4) The person is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company; (5) The person is the subject of an order of the board or any other state appraisal management company regulatory agency denying, suspending, or revoking the person's privilege to operate as an appraisal management company; (6) The person acted as an appraisal management company while not properly registered by the board; or (7) The person failed to pay the proper filing or renewal fee under this subchapter.

(1) The person's application for registration when filed or after filing contained a statement that in light of the circumstances under which it was made is false or misleading with respect to a material fact;

(2) The person has violated or failed to comply with this subchapter;

(3) The person has pleaded guilty or nolo contendere to or been found guilty of: (A) A felony listed under § 17-3-102 ; or (B) Within the past ten (10) years: (i) A misdemeanor involving mortgage lending or real estate appraising; or (ii) An offense involving breach of trust or fraudulent or dishonest dealing;

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

(B) Within the past ten (10) years: (i) A misdemeanor involving mortgage lending or real estate appraising; or (ii) An offense involving breach of trust or fraudulent or dishonest dealing;

(i) A misdemeanor involving mortgage lending or real estate appraising; or

(ii) An offense involving breach of trust or fraudulent or dishonest dealing;

(4) The person is permanently or temporarily enjoined by a court of competent jurisdiction from engaging in or continuing any conduct or practice involving appraisal management services or operating an appraisal management company;

(5) The person is the subject of an order of the board or any other state appraisal management company regulatory agency denying, suspending, or revoking the person's privilege to operate as an appraisal management company;

(6) The person acted as an appraisal management company while not properly registered by the board; or

(7) The person failed to pay the proper filing or renewal fee under this subchapter.

(b) Upon its own motion or the written complaint of a person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may: (1) Suspend or revoke the registration of a registrant; (2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or (3) Take other appropriate disciplinary actions as established by rule of the board.

(1) Suspend or revoke the registration of a registrant;

(2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or

(3) Take other appropriate disciplinary actions as established by rule of the board.

(c) (1) Before imposing a penalty on a registrant, the board shall: (A) Notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing; and (B) Afford the registrant an opportunity to be heard in person or by counsel. (2) The board may make findings of fact and shall deliver or mail the findings to the registrant charged with an offense under this subchapter.

(1) Before imposing a penalty on a registrant, the board shall: (A) Notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing; and (B) Afford the registrant an opportunity to be heard in person or by counsel.

(A) Notify the registrant in writing of any charges made at least twenty (20) days before the date set for the hearing; and

(B) Afford the registrant an opportunity to be heard in person or by counsel.

(2) The board may make findings of fact and shall deliver or mail the findings to the registrant charged with an offense under this subchapter.

Amended by Act 2023, No. 628,§ 44, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 15, eff. 7/24/2019.

Amended by Act 2017, No. 535,§ 9, eff. 3/20/2017.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-87-315 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-315
Full practice authority for certified nurse midwives - Definition
Status: in_force

(a) (1) The General Assembly finds that: (A) (i) Certified nurse midwives are advanced practice registered nurses who are nationally certified after completing postgraduate specialty education in an accredited program. (ii) The scope of nurse midwifery includes care of gynecological and family planning services, preconception care, care during pregnancy, childbirth and postpartum care, care of a normal newborn during the first twenty-eight (28) days of life, and treatment of male partners for sexually transmitted infections; (B) When women and infants do not have access to routine, quality health care, there is an increased risk of maternal and infant mortality and morbidity, including infant mortality and morbidity resulting from low birth weight and preterm birth; (C) Certified nurse midwives are often underutilized in helping provide maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services in this state; (D) In 2018, less than one percent (1%) of births in Arkansas were attended by a certified nurse midwife; (E) Integrating certified nurse midwives into maternity care could help improve women's access to healthcare providers and quality of care; (F) Midwifery-led models of care have been proven to improve maternal and infant outcomes for socially at-risk communities and achieve good maternal and infant outcomes on a large scale; and (G) To increase healthcare provider choices for women and access to maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services, the certified nurse midwives of this state should be granted full authority to practice to the extent of their education, clinical training, and certification. (2) It is the intent of the General Assembly to grant certified nurse midwives full practice authority. (b) As used in this section, "full practice authority" means the authority of a healthcare professional to: (1) Evaluate patients; (2) Diagnose medical conditions; (3) Order and interpret diagnostic tests; (4) Initiate and manage treatment and care plans, including appropriate comanagement or transfer of high-risk patients to other healthcare professionals as needed; and (5) Prescribe and administer drugs listed in Schedules III - V without a collaborative practice agreement or supervision of another healthcare professional when performing healthcare services. (c) (1) A certified nurse midwife with full practice authority is not subject to the collaborative practice agreement requirements in § 17-87-310 if providing prescriptions of medications that are in Schedules III - V. (2) A collaborative practice agreement under § 17-87-310 is required to provide prescriptions of medications that are in Schedule II. (d) For a delivery outside of an accredited facility, the certified nurse midwife shall identify a licensed physician or facility, or both, with which an arrangement has been made for referral and consultation in the event of a medical complication. (e) This section does not authorize a certified nurse midwife to perform an abortion or provide abortion counseling or abortion referrals. Added by Act 2021, No. 607,§ 2, eff. 7/28/2021.

(a) (1) The General Assembly finds that: (A) (i) Certified nurse midwives are advanced practice registered nurses who are nationally certified after completing postgraduate specialty education in an accredited program. (ii) The scope of nurse midwifery includes care of gynecological and family planning services, preconception care, care during pregnancy, childbirth and postpartum care, care of a normal newborn during the first twenty-eight (28) days of life, and treatment of male partners for sexually transmitted infections; (B) When women and infants do not have access to routine, quality health care, there is an increased risk of maternal and infant mortality and morbidity, including infant mortality and morbidity resulting from low birth weight and preterm birth; (C) Certified nurse midwives are often underutilized in helping provide maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services in this state; (D) In 2018, less than one percent (1%) of births in Arkansas were attended by a certified nurse midwife; (E) Integrating certified nurse midwives into maternity care could help improve women's access to healthcare providers and quality of care; (F) Midwifery-led models of care have been proven to improve maternal and infant outcomes for socially at-risk communities and achieve good maternal and infant outcomes on a large scale; and (G) To increase healthcare provider choices for women and access to maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services, the certified nurse midwives of this state should be granted full authority to practice to the extent of their education, clinical training, and certification. (2) It is the intent of the General Assembly to grant certified nurse midwives full practice authority.

(1) The General Assembly finds that: (A) (i) Certified nurse midwives are advanced practice registered nurses who are nationally certified after completing postgraduate specialty education in an accredited program. (ii) The scope of nurse midwifery includes care of gynecological and family planning services, preconception care, care during pregnancy, childbirth and postpartum care, care of a normal newborn during the first twenty-eight (28) days of life, and treatment of male partners for sexually transmitted infections; (B) When women and infants do not have access to routine, quality health care, there is an increased risk of maternal and infant mortality and morbidity, including infant mortality and morbidity resulting from low birth weight and preterm birth; (C) Certified nurse midwives are often underutilized in helping provide maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services in this state; (D) In 2018, less than one percent (1%) of births in Arkansas were attended by a certified nurse midwife; (E) Integrating certified nurse midwives into maternity care could help improve women's access to healthcare providers and quality of care; (F) Midwifery-led models of care have been proven to improve maternal and infant outcomes for socially at-risk communities and achieve good maternal and infant outcomes on a large scale; and (G) To increase healthcare provider choices for women and access to maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services, the certified nurse midwives of this state should be granted full authority to practice to the extent of their education, clinical training, and certification.

(A) (i) Certified nurse midwives are advanced practice registered nurses who are nationally certified after completing postgraduate specialty education in an accredited program. (ii) The scope of nurse midwifery includes care of gynecological and family planning services, preconception care, care during pregnancy, childbirth and postpartum care, care of a normal newborn during the first twenty-eight (28) days of life, and treatment of male partners for sexually transmitted infections;

(i) Certified nurse midwives are advanced practice registered nurses who are nationally certified after completing postgraduate specialty education in an accredited program.

(ii) The scope of nurse midwifery includes care of gynecological and family planning services, preconception care, care during pregnancy, childbirth and postpartum care, care of a normal newborn during the first twenty-eight (28) days of life, and treatment of male partners for sexually transmitted infections;

(B) When women and infants do not have access to routine, quality health care, there is an increased risk of maternal and infant mortality and morbidity, including infant mortality and morbidity resulting from low birth weight and preterm birth;

(C) Certified nurse midwives are often underutilized in helping provide maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services in this state;

(D) In 2018, less than one percent (1%) of births in Arkansas were attended by a certified nurse midwife;

(E) Integrating certified nurse midwives into maternity care could help improve women's access to healthcare providers and quality of care;

(F) Midwifery-led models of care have been proven to improve maternal and infant outcomes for socially at-risk communities and achieve good maternal and infant outcomes on a large scale; and

(G) To increase healthcare provider choices for women and access to maternity, prenatal, postnatal, intrapartum, and reproductive healthcare services, the certified nurse midwives of this state should be granted full authority to practice to the extent of their education, clinical training, and certification.

(2) It is the intent of the General Assembly to grant certified nurse midwives full practice authority.

(b) As used in this section, "full practice authority" means the authority of a healthcare professional to: (1) Evaluate patients; (2) Diagnose medical conditions; (3) Order and interpret diagnostic tests; (4) Initiate and manage treatment and care plans, including appropriate comanagement or transfer of high-risk patients to other healthcare professionals as needed; and (5) Prescribe and administer drugs listed in Schedules III - V without a collaborative practice agreement or supervision of another healthcare professional when performing healthcare services.

(1) Evaluate patients;

(2) Diagnose medical conditions;

(3) Order and interpret diagnostic tests;

(4) Initiate and manage treatment and care plans, including appropriate comanagement or transfer of high-risk patients to other healthcare professionals as needed; and

(5) Prescribe and administer drugs listed in Schedules III - V without a collaborative practice agreement or supervision of another healthcare professional when performing healthcare services.

(c) (1) A certified nurse midwife with full practice authority is not subject to the collaborative practice agreement requirements in § 17-87-310 if providing prescriptions of medications that are in Schedules III - V. (2) A collaborative practice agreement under § 17-87-310 is required to provide prescriptions of medications that are in Schedule II.

(1) A certified nurse midwife with full practice authority is not subject to the collaborative practice agreement requirements in § 17-87-310 if providing prescriptions of medications that are in Schedules III - V.

(2) A collaborative practice agreement under § 17-87-310 is required to provide prescriptions of medications that are in Schedule II.

(d) For a delivery outside of an accredited facility, the certified nurse midwife shall identify a licensed physician or facility, or both, with which an arrangement has been made for referral and consultation in the event of a medical complication.

(e) This section does not authorize a certified nurse midwife to perform an abortion or provide abortion counseling or abortion referrals.

Added by Act 2021, No. 607,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 17-52-316 — AR Code / Title 17 / Chapter 52 / Subchapter 3 / Section 17-52-316
Fees and reimbursements
Status: in_force

(a) (1) The State Board of Appraisers, Abstracters, and Home Inspectors may set registration and renewal fees not to exceed three hundred dollars ($300) per year. (2) The board shall notify the Secretary of the Department of Labor and Licensing of the registration fee for the next year and by June 1 every year thereafter until transferred to the board. (b) All moneys received under this subchapter shall be used to administer this subchapter. (c) The board may make reasonable charges for materials provided by the board and for services performed in connection with providing materials. (d) Other fees authorized to be assessed by the board are: (1) Delinquent renewal fees not to exceed the amount of the renewal fee; (2) Home inspector training or continuing education provider fees as follows: (A) Initial qualifying fees not to exceed two hundred dollars ($200); (B) Annual renewal fees not to exceed two hundred dollars ($200); and (C) Additional course filing fees not to exceed twenty-five dollars ($25.00); (3) Duplicate registration fees not to exceed twenty-five dollars ($25.00); (4) Returned check fees not to exceed twenty-five dollars ($25.00); and (5) Change-of-address fees not to exceed twenty-five dollars ($25.00). Amended by Act 2023, No. 628,§ 61, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5440, eff. 7/1/2019. Acts 2003, No. 1328, § 1.

(a) (1) The State Board of Appraisers, Abstracters, and Home Inspectors may set registration and renewal fees not to exceed three hundred dollars ($300) per year. (2) The board shall notify the Secretary of the Department of Labor and Licensing of the registration fee for the next year and by June 1 every year thereafter until transferred to the board.

(1) The State Board of Appraisers, Abstracters, and Home Inspectors may set registration and renewal fees not to exceed three hundred dollars ($300) per year.

(2) The board shall notify the Secretary of the Department of Labor and Licensing of the registration fee for the next year and by June 1 every year thereafter until transferred to the board.

(b) All moneys received under this subchapter shall be used to administer this subchapter.

(c) The board may make reasonable charges for materials provided by the board and for services performed in connection with providing materials.

(d) Other fees authorized to be assessed by the board are: (1) Delinquent renewal fees not to exceed the amount of the renewal fee; (2) Home inspector training or continuing education provider fees as follows: (A) Initial qualifying fees not to exceed two hundred dollars ($200); (B) Annual renewal fees not to exceed two hundred dollars ($200); and (C) Additional course filing fees not to exceed twenty-five dollars ($25.00); (3) Duplicate registration fees not to exceed twenty-five dollars ($25.00); (4) Returned check fees not to exceed twenty-five dollars ($25.00); and (5) Change-of-address fees not to exceed twenty-five dollars ($25.00).

(1) Delinquent renewal fees not to exceed the amount of the renewal fee;

(2) Home inspector training or continuing education provider fees as follows: (A) Initial qualifying fees not to exceed two hundred dollars ($200); (B) Annual renewal fees not to exceed two hundred dollars ($200); and (C) Additional course filing fees not to exceed twenty-five dollars ($25.00);

(A) Initial qualifying fees not to exceed two hundred dollars ($200);

(B) Annual renewal fees not to exceed two hundred dollars ($200); and

(C) Additional course filing fees not to exceed twenty-five dollars ($25.00);

(3) Duplicate registration fees not to exceed twenty-five dollars ($25.00);

(4) Returned check fees not to exceed twenty-five dollars ($25.00); and

(5) Change-of-address fees not to exceed twenty-five dollars ($25.00).

Amended by Act 2023, No. 628,§ 61, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5440, eff. 7/1/2019.

Acts 2003, No. 1328, § 1.
Ark. Code Ann. § 17-95-310 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-310
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4900, eff. 7/1/2019. Acts 2007, No. 1210, § 5.

Repealed by Act 2019, No. 910,§ 4900, eff. 7/1/2019.

Acts 2007, No. 1210, § 5.
Ark. Code Ann. § 17-93-401 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-401
Short title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Athletic Trainers Act". Acts 1995, No. 1279, § 1.

This subchapter shall be known and may be cited as the "Arkansas Athletic Trainers Act".

Acts 1995, No. 1279, § 1.
Ark. Code Ann. § 17-12-313 — AR Code / Title 17 / Chapter 12 / Subchapter 3 / Section 17-12-313
Time for initial license
Status: in_force

An applicant shall obtain an initial license within three (3) years of successful completion of the examination under this subchapter or shall be considered as having a void license under § 17-12-504(h) . Acts 2005, No. 54, § 11.

An applicant shall obtain an initial license within three (3) years of successful completion of the examination under this subchapter or shall be considered as having a void license under § 17-12-504(h) .

Acts 2005, No. 54, § 11.
Ark. Code Ann. § 17-38-302 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-302
Exemptions
Status: in_force

The licensing provisions of this chapter shall not apply to: (1) Plumbing work done by a property owner in a building owned and occupied by him or her as his or her home except when the license is required by local ordinance; (2) Work done on buildings whose primary use is agricultural and located outside the incorporated limits of any city or town unless the buildings are connected to a public water system, sewerage system, or natural gas utility system; (3) Minor repairs consisting of repairing minor working parts of plumbing, fixtures, or the removal of stoppages; (4) An individual certifying or repairing backflow devices within the scope of a plumbing system if the individual holds a certificate of competency from the Plumbing and Natural Gas Section of the Department of Health; or (5) The construction, installation, maintenance, repair, renovation, or removal of a storm sewer system not connected to a sanitary sewer system. Acts 1951, No. 200, § 12; 1963, No. 555, § 2; 1975, No. 902, § 10; A.S.A. 1947, § 71-1216; Acts 1987, No. 816, § 11; 2003, No. 679, § 1; 2003, No. 1217, § 8.

The licensing provisions of this chapter shall not apply to:

(1) Plumbing work done by a property owner in a building owned and occupied by him or her as his or her home except when the license is required by local ordinance;

(2) Work done on buildings whose primary use is agricultural and located outside the incorporated limits of any city or town unless the buildings are connected to a public water system, sewerage system, or natural gas utility system;

(3) Minor repairs consisting of repairing minor working parts of plumbing, fixtures, or the removal of stoppages;

(4) An individual certifying or repairing backflow devices within the scope of a plumbing system if the individual holds a certificate of competency from the Plumbing and Natural Gas Section of the Department of Health; or

(5) The construction, installation, maintenance, repair, renovation, or removal of a storm sewer system not connected to a sanitary sewer system.

Acts 1951, No. 200, § 12; 1963, No. 555, § 2; 1975, No. 902, § 10; A.S.A. 1947, § 71-1216; Acts 1987, No. 816, § 11; 2003, No. 679, § 1; 2003, No. 1217, § 8.
Ark. Code Ann. § 17-84-201 — AR Code / Title 17 / Chapter 84 / Subchapter 2 / Section 17-84-201
Creation and composition
Status: in_force

(a) There is created the Arkansas Board of Hearing Instrument Dispensers. (b) The board shall be composed of seven (7) voting members appointed by the Governor, subject to confirmation by the Senate, for terms of three (3) years, and one (1) nonvoting advisory member appointed by the Governor for a term of three (3) years as follows: (1) (A) At least four (4) of the members shall be hearing instrument dispensers licensed under this chapter who have held a valid license for at least three (3) years. (B) The Governor shall consult the Arkansas Hearing Society, Inc., before making an appointment under subdivision (b)(1)(A) of this section; (2) At least one (1) member shall be an audiologist holding a master's degree or doctoral degree in audiology from a recognized college or university; (3) (A) Two (2) members shall be appointed from the state at large to represent consumers. (B) The consumer representatives under subdivision (b)(3)(A) of this section shall not be actively engaged in or retired from the practice of dispensing hearing instruments. (C) The consumer representatives under subdivision (b)(3)(A) of this section shall be full voting members but shall not participate in the grading of examinations; and (4) (A) The advisory member shall be a physician licensed to practice medicine in Arkansas and specializing in otology or otolaryngology. (B) The advisory member shall not count for or against the board's quorum requirement to conduct business. (c) (1) All terms shall expire on July 31 of the designated year. (2) Each member shall serve for the term of his or her appointment and until his or her successor has been appointed and qualified. (3) No member shall serve more than three (3) full terms consecutively. (d) In the event of a vacancy on the board, a new member shall be appointed to serve out the unexpired term. (e) The Governor may remove any member for cause. Amended by Act 2021, No. 159,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 540,§ 27, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 32, eff. 7/22/2015. Acts 1969, No. 197, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1701; Acts 1991, No. 46, § 1; 1999, No. 592, § 4; 2007, No. 428, § 2.

(a) There is created the Arkansas Board of Hearing Instrument Dispensers.

(b) The board shall be composed of seven (7) voting members appointed by the Governor, subject to confirmation by the Senate, for terms of three (3) years, and one (1) nonvoting advisory member appointed by the Governor for a term of three (3) years as follows: (1) (A) At least four (4) of the members shall be hearing instrument dispensers licensed under this chapter who have held a valid license for at least three (3) years. (B) The Governor shall consult the Arkansas Hearing Society, Inc., before making an appointment under subdivision (b)(1)(A) of this section; (2) At least one (1) member shall be an audiologist holding a master's degree or doctoral degree in audiology from a recognized college or university; (3) (A) Two (2) members shall be appointed from the state at large to represent consumers. (B) The consumer representatives under subdivision (b)(3)(A) of this section shall not be actively engaged in or retired from the practice of dispensing hearing instruments. (C) The consumer representatives under subdivision (b)(3)(A) of this section shall be full voting members but shall not participate in the grading of examinations; and (4) (A) The advisory member shall be a physician licensed to practice medicine in Arkansas and specializing in otology or otolaryngology. (B) The advisory member shall not count for or against the board's quorum requirement to conduct business.

(1) (A) At least four (4) of the members shall be hearing instrument dispensers licensed under this chapter who have held a valid license for at least three (3) years. (B) The Governor shall consult the Arkansas Hearing Society, Inc., before making an appointment under subdivision (b)(1)(A) of this section;

(A) At least four (4) of the members shall be hearing instrument dispensers licensed under this chapter who have held a valid license for at least three (3) years.

(B) The Governor shall consult the Arkansas Hearing Society, Inc., before making an appointment under subdivision (b)(1)(A) of this section;

(2) At least one (1) member shall be an audiologist holding a master's degree or doctoral degree in audiology from a recognized college or university;

(3) (A) Two (2) members shall be appointed from the state at large to represent consumers. (B) The consumer representatives under subdivision (b)(3)(A) of this section shall not be actively engaged in or retired from the practice of dispensing hearing instruments. (C) The consumer representatives under subdivision (b)(3)(A) of this section shall be full voting members but shall not participate in the grading of examinations; and

(A) Two (2) members shall be appointed from the state at large to represent consumers.

(B) The consumer representatives under subdivision (b)(3)(A) of this section shall not be actively engaged in or retired from the practice of dispensing hearing instruments.

(C) The consumer representatives under subdivision (b)(3)(A) of this section shall be full voting members but shall not participate in the grading of examinations; and

(4) (A) The advisory member shall be a physician licensed to practice medicine in Arkansas and specializing in otology or otolaryngology. (B) The advisory member shall not count for or against the board's quorum requirement to conduct business.

(A) The advisory member shall be a physician licensed to practice medicine in Arkansas and specializing in otology or otolaryngology.

(B) The advisory member shall not count for or against the board's quorum requirement to conduct business.

(c) (1) All terms shall expire on July 31 of the designated year. (2) Each member shall serve for the term of his or her appointment and until his or her successor has been appointed and qualified. (3) No member shall serve more than three (3) full terms consecutively.

(1) All terms shall expire on July 31 of the designated year.

(2) Each member shall serve for the term of his or her appointment and until his or her successor has been appointed and qualified.

(3) No member shall serve more than three (3) full terms consecutively.

(d) In the event of a vacancy on the board, a new member shall be appointed to serve out the unexpired term.

(e) The Governor may remove any member for cause.

Amended by Act 2021, No. 159,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 540,§ 27, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 32, eff. 7/22/2015.

Acts 1969, No. 197, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1701; Acts 1991, No. 46, § 1; 1999, No. 592, § 4; 2007, No. 428, § 2.
Ark. Code Ann. § 17-92-206 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-206
Issuance of bulletins - Annual report
Status: in_force

(a) It shall be the duty of the Arkansas State Board of Pharmacy to issue bulletins from time to time, informing pharmacists of important United States public health regulations, service and regulatory announcements of the United States Natural Resources Conservation Service in the United States Department of Agriculture, and decisions of the United States Department of the Treasury relating to the possession, use, and sale of nonbeverage United States Pharmacopoeia alcohol and to the Harrison-Wright Antinarcotic Act. (b) The board shall make a written report on September 1 of each year to the Secretary of the Department of Health and to the Arkansas Pharmacist's Association of all its proceedings, orders, rules, and requirements, of its receipts and disbursements, including also the names of all persons licensed to practice under this chapter, and a record of permits and renewals. Amended by Act 2019, No. 315,§ 1572, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4890, eff. 7/1/2019. Acts 1921, No. 535, § 4; 1929, No. 72, § 14; Pope's Dig., §§ 4622, 4635; A.S.A. 1947, §§ 72-1011, 72-1033; Acts 1991, No. 740, § 6; 2009, No. 355, § 3.

(a) It shall be the duty of the Arkansas State Board of Pharmacy to issue bulletins from time to time, informing pharmacists of important United States public health regulations, service and regulatory announcements of the United States Natural Resources Conservation Service in the United States Department of Agriculture, and decisions of the United States Department of the Treasury relating to the possession, use, and sale of nonbeverage United States Pharmacopoeia alcohol and to the Harrison-Wright Antinarcotic Act.

(b) The board shall make a written report on September 1 of each year to the Secretary of the Department of Health and to the Arkansas Pharmacist's Association of all its proceedings, orders, rules, and requirements, of its receipts and disbursements, including also the names of all persons licensed to practice under this chapter, and a record of permits and renewals.

Amended by Act 2019, No. 315,§ 1572, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4890, eff. 7/1/2019.

Acts 1921, No. 535, § 4; 1929, No. 72, § 14; Pope's Dig., §§ 4622, 4635; A.S.A. 1947, §§ 72-1011, 72-1033; Acts 1991, No. 740, § 6; 2009, No. 355, § 3.
Ark. Code Ann. § 17-80-113 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-113
Authorized use of "Doctor" as title
Status: in_force

This act shall not be construed to authorize any person to use the title "Doctor", unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance with the statutes and rules governing the particular healthcare profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under § 17-1-101 et seq. Amended by Act 2019, No. 315,§ 1506, eff. 7/24/2019. Acts 1999, No. 338, § 5.

This act shall not be construed to authorize any person to use the title "Doctor", unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance with the statutes and rules governing the particular healthcare profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under § 17-1-101 et seq.

Amended by Act 2019, No. 315,§ 1506, eff. 7/24/2019.

Acts 1999, No. 338, § 5.
Ark. Code Ann. § 17-44-107 — AR Code / Title 17 / Chapter 44 / Section 17-44-107
Lifetime ban
Status: in_force

(a) A person who is convicted of theft of scrap metal under § 5-36-123 is forever prohibited from selling scrap metal under this chapter. (b) A person violating this section is subject to the civil penalties under § 17-44-106 . Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.

(a) A person who is convicted of theft of scrap metal under § 5-36-123 is forever prohibited from selling scrap metal under this chapter.

(b) A person violating this section is subject to the civil penalties under § 17-44-106 .

Added by Act 2013, No. 1354,§ 9, eff. 8/16/2013.
Ark. Code Ann. § 17-7-104 — AR Code / Title 17 / Chapter 7 / Section 17-7-104
Automatic occupational licensure
Status: in_force

(a) If the individual does not have a disqualifying criminal offense under § 17-3-102 or any additional state law relating to the occupational licensure and does not have a complaint, allegation, or investigation pending for his or her occupational activity, an occupational licensing entity shall grant automatic occupational licensure to engage in an occupation or a profession to an individual who is: (1) The holder in good standing for one (1) year of an occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; or (2) An individual who worked: (A) In another state, territory, or district of the United States that does not use an occupational licensure to regulate an occupation or profession but is regulated by occupational licensure in this state; and (B) At least three (3) years in the occupation. (b) An individual who is granted automatic occupational licensure under this chapter shall meet all other occupational licensure requirements for a resident of this state and all renewal requirements of the occupational licensure, including without limitation a criminal background check and continuing education hours. (c) (1) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity may require an applicant to pass an examination specific to relevant state laws that regulate the occupation or profession. (2) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity shall require an applicant to furnish a bond, financial statement, or proof of insurance coverage if required by state law. (d) An occupational licensing entity may waive the requirements of subdivision (c)(1) of this section if the occupational licensing entity finds that: (1) The combination of the applicant's education, training, and experience is a sufficient substitute for the requirement; and (2) A waiver of the requirement will not harm public health, safety, or welfare. Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.

(a) If the individual does not have a disqualifying criminal offense under § 17-3-102 or any additional state law relating to the occupational licensure and does not have a complaint, allegation, or investigation pending for his or her occupational activity, an occupational licensing entity shall grant automatic occupational licensure to engage in an occupation or a profession to an individual who is: (1) The holder in good standing for one (1) year of an occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; or (2) An individual who worked: (A) In another state, territory, or district of the United States that does not use an occupational licensure to regulate an occupation or profession but is regulated by occupational licensure in this state; and (B) At least three (3) years in the occupation.

(1) The holder in good standing for one (1) year of an occupational licensure with similar scope of practice issued by another state, territory, or district of the United States; or

(2) An individual who worked: (A) In another state, territory, or district of the United States that does not use an occupational licensure to regulate an occupation or profession but is regulated by occupational licensure in this state; and (B) At least three (3) years in the occupation.

(A) In another state, territory, or district of the United States that does not use an occupational licensure to regulate an occupation or profession but is regulated by occupational licensure in this state; and

(B) At least three (3) years in the occupation.

(b) An individual who is granted automatic occupational licensure under this chapter shall meet all other occupational licensure requirements for a resident of this state and all renewal requirements of the occupational licensure, including without limitation a criminal background check and continuing education hours.

(c) (1) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity may require an applicant to pass an examination specific to relevant state laws that regulate the occupation or profession. (2) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity shall require an applicant to furnish a bond, financial statement, or proof of insurance coverage if required by state law.

(1) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity may require an applicant to pass an examination specific to relevant state laws that regulate the occupation or profession.

(2) Notwithstanding subsections (a) and (b) of this section, an occupational licensing entity shall require an applicant to furnish a bond, financial statement, or proof of insurance coverage if required by state law.

(d) An occupational licensing entity may waive the requirements of subdivision (c)(1) of this section if the occupational licensing entity finds that: (1) The combination of the applicant's education, training, and experience is a sufficient substitute for the requirement; and (2) A waiver of the requirement will not harm public health, safety, or welfare.

(1) The combination of the applicant's education, training, and experience is a sufficient substitute for the requirement; and

(2) A waiver of the requirement will not harm public health, safety, or welfare.

Added by Act 2023, No. 457,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-87-806 — AR Code / Title 17 / Chapter 87 / Subchapter 8 / Section 17-87-806
Program requirements
Status: in_force

(a) (1) Eligibility to participate in the alternative to discipline program is at the sole discretion of the Arkansas State Board of Nursing. (2) A person is not entitled to participate in the alternative to discipline program. (b) To establish eligibility, a participant shall: (1) Have a license or certification issued or an application for licensure or certification in the State of Arkansas; (2) Acknowledge that the participant has a drug or alcohol abuse problem or addiction; and (3) Meet any other requirements determined by the board. (c) A participant in the alternative to discipline program shall: (1) Agree to: (A) Complete an evaluation conducted by a board-approved evaluator in order to outline the treatment required; (B) Place his or her license or certification on inactive status until a treatment provider determines that the participant can safely practice; (C) Comply with: (i) The written terms of the agreement to participate in the alternative to discipline program; and (ii) The terms and conditions of any contract between the board and participant; (D) Pay all costs for treatment and monitoring; (E) Select from board-approved evaluators, treatment facilities, counselors, and laboratory facilities before utilization of services; and (F) Admit in an affidavit to violations of § 17-87-101 et seq.; and (2) Perform other activities as determined necessary by the board. Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023. Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.

(a) (1) Eligibility to participate in the alternative to discipline program is at the sole discretion of the Arkansas State Board of Nursing. (2) A person is not entitled to participate in the alternative to discipline program.

(1) Eligibility to participate in the alternative to discipline program is at the sole discretion of the Arkansas State Board of Nursing.

(2) A person is not entitled to participate in the alternative to discipline program.

(b) To establish eligibility, a participant shall: (1) Have a license or certification issued or an application for licensure or certification in the State of Arkansas; (2) Acknowledge that the participant has a drug or alcohol abuse problem or addiction; and (3) Meet any other requirements determined by the board.

(1) Have a license or certification issued or an application for licensure or certification in the State of Arkansas;

(2) Acknowledge that the participant has a drug or alcohol abuse problem or addiction; and

(3) Meet any other requirements determined by the board.

(c) A participant in the alternative to discipline program shall: (1) Agree to: (A) Complete an evaluation conducted by a board-approved evaluator in order to outline the treatment required; (B) Place his or her license or certification on inactive status until a treatment provider determines that the participant can safely practice; (C) Comply with: (i) The written terms of the agreement to participate in the alternative to discipline program; and (ii) The terms and conditions of any contract between the board and participant; (D) Pay all costs for treatment and monitoring; (E) Select from board-approved evaluators, treatment facilities, counselors, and laboratory facilities before utilization of services; and (F) Admit in an affidavit to violations of § 17-87-101 et seq.; and (2) Perform other activities as determined necessary by the board.

(1) Agree to: (A) Complete an evaluation conducted by a board-approved evaluator in order to outline the treatment required; (B) Place his or her license or certification on inactive status until a treatment provider determines that the participant can safely practice; (C) Comply with: (i) The written terms of the agreement to participate in the alternative to discipline program; and (ii) The terms and conditions of any contract between the board and participant; (D) Pay all costs for treatment and monitoring; (E) Select from board-approved evaluators, treatment facilities, counselors, and laboratory facilities before utilization of services; and (F) Admit in an affidavit to violations of § 17-87-101 et seq.; and

(A) Complete an evaluation conducted by a board-approved evaluator in order to outline the treatment required;

(B) Place his or her license or certification on inactive status until a treatment provider determines that the participant can safely practice;

(C) Comply with: (i) The written terms of the agreement to participate in the alternative to discipline program; and (ii) The terms and conditions of any contract between the board and participant;

(i) The written terms of the agreement to participate in the alternative to discipline program; and

(ii) The terms and conditions of any contract between the board and participant;

(D) Pay all costs for treatment and monitoring;

(E) Select from board-approved evaluators, treatment facilities, counselors, and laboratory facilities before utilization of services; and

(F) Admit in an affidavit to violations of § 17-87-101 et seq.; and

(2) Perform other activities as determined necessary by the board.

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

Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-15-312 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-312
Practice by architect not registered in Arkansas - Definition
Status: in_force

(a) This chapter does not prevent: (1) A nonresident who holds the certification issued by the National Council of Architectural Registration Boards from offering to render the professional services involved in the practice of architecture, if for every project the person is involved in, he or she notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that he or she: (A) Holds a National Council of Architectural Registration Boards certificate and is not currently registered in Arkansas but will be present in Arkansas for the purposes of offering to render architectural services for a single project; (B) Will deliver a copy of the notice referred to in subdivision (a)(1)(A) of this section to every potential client to whom the applicant offers to render architectural services; and (C) Promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days for registration if selected as the architect for the project; (2) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in Arkansas from seeking an architectural commission by participating in a single architectural design competition for a project in Arkansas, if for every project the person is involved in, the person notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that: (A) The person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction but will be present in Arkansas for the purpose of participating in an architectural design competition; (B) The person will deliver a copy of the notice referred to in subdivision (a)(2)(A) of this section to every person conducting an architectural design competition in which the applicant participates; and (C) The person promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days after being selected as the architect for the project; and (3) (A) A person who is not currently registered in this state but who is currently registered in another jurisdiction from providing uncompensated professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. (B) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor. (b) An individual who possesses a professional degree in architecture and is enrolled in the Architectural Experience Program of the National Council of Architectural Registration Boards or under the jurisdiction of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may use the title "Architectural Intern" or "Intern Architect" to identify himself or herself. Acts 1999, No. 1338, § 5; 2009, No. 1367, § 10; 2011, No. 859, § 1.

(a) This chapter does not prevent: (1) A nonresident who holds the certification issued by the National Council of Architectural Registration Boards from offering to render the professional services involved in the practice of architecture, if for every project the person is involved in, he or she notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that he or she: (A) Holds a National Council of Architectural Registration Boards certificate and is not currently registered in Arkansas but will be present in Arkansas for the purposes of offering to render architectural services for a single project; (B) Will deliver a copy of the notice referred to in subdivision (a)(1)(A) of this section to every potential client to whom the applicant offers to render architectural services; and (C) Promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days for registration if selected as the architect for the project; (2) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in Arkansas from seeking an architectural commission by participating in a single architectural design competition for a project in Arkansas, if for every project the person is involved in, the person notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that: (A) The person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction but will be present in Arkansas for the purpose of participating in an architectural design competition; (B) The person will deliver a copy of the notice referred to in subdivision (a)(2)(A) of this section to every person conducting an architectural design competition in which the applicant participates; and (C) The person promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days after being selected as the architect for the project; and (3) (A) A person who is not currently registered in this state but who is currently registered in another jurisdiction from providing uncompensated professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. (B) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor.

(1) A nonresident who holds the certification issued by the National Council of Architectural Registration Boards from offering to render the professional services involved in the practice of architecture, if for every project the person is involved in, he or she notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that he or she: (A) Holds a National Council of Architectural Registration Boards certificate and is not currently registered in Arkansas but will be present in Arkansas for the purposes of offering to render architectural services for a single project; (B) Will deliver a copy of the notice referred to in subdivision (a)(1)(A) of this section to every potential client to whom the applicant offers to render architectural services; and (C) Promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days for registration if selected as the architect for the project;

(A) Holds a National Council of Architectural Registration Boards certificate and is not currently registered in Arkansas but will be present in Arkansas for the purposes of offering to render architectural services for a single project;

(B) Will deliver a copy of the notice referred to in subdivision (a)(1)(A) of this section to every potential client to whom the applicant offers to render architectural services; and

(C) Promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days for registration if selected as the architect for the project;

(2) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in Arkansas from seeking an architectural commission by participating in a single architectural design competition for a project in Arkansas, if for every project the person is involved in, the person notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that: (A) The person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction but will be present in Arkansas for the purpose of participating in an architectural design competition; (B) The person will deliver a copy of the notice referred to in subdivision (a)(2)(A) of this section to every person conducting an architectural design competition in which the applicant participates; and (C) The person promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days after being selected as the architect for the project; and

(A) The person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction but will be present in Arkansas for the purpose of participating in an architectural design competition;

(B) The person will deliver a copy of the notice referred to in subdivision (a)(2)(A) of this section to every person conducting an architectural design competition in which the applicant participates; and

(C) The person promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days after being selected as the architect for the project; and

(3) (A) A person who is not currently registered in this state but who is currently registered in another jurisdiction from providing uncompensated professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. (B) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor.

(A) A person who is not currently registered in this state but who is currently registered in another jurisdiction from providing uncompensated professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity.

(B) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor.

(b) An individual who possesses a professional degree in architecture and is enrolled in the Architectural Experience Program of the National Council of Architectural Registration Boards or under the jurisdiction of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may use the title "Architectural Intern" or "Intern Architect" to identify himself or herself.

Acts 1999, No. 1338, § 5; 2009, No. 1367, § 10; 2011, No. 859, § 1.
Ark. Code Ann. § 17-82-204 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-204
Members - Liability
Status: in_force

No member of the Arkansas State Board of Dental Examiners, during the term of his or her office or thereafter, shall be required to defend any action for damages in any of the courts in the State of Arkansas where it is shown that the damages followed or resulted from any of the official acts of the member of the board in the performance of his or her duty as a member. Upon motion, any such action shall be dismissed with prejudice at the cost of the plaintiff. Acts 1955, No. 14, § 29; A.S.A. 1947, § 72-562.

No member of the Arkansas State Board of Dental Examiners, during the term of his or her office or thereafter, shall be required to defend any action for damages in any of the courts in the State of Arkansas where it is shown that the damages followed or resulted from any of the official acts of the member of the board in the performance of his or her duty as a member. Upon motion, any such action shall be dismissed with prejudice at the cost of the plaintiff.

Acts 1955, No. 14, § 29; A.S.A. 1947, § 72-562.
Ark. Code Ann. § 17-37-106 — AR Code / Title 17 / Chapter 37 / Subchapter 1 / Section 17-37-106
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1147,§ 1, eff. 8/16/2013. Acts 1975, No. 488, § 12; A.S.A. 1947, § 77-1811.

Repealed by Act 2013, No. 1147,§ 1, eff. 8/16/2013.

Acts 1975, No. 488, § 12; A.S.A. 1947, § 77-1811.
Ark. Code Ann. § 17-49-107 — AR Code / Title 17 / Chapter 49 / Subchapter 1 / Section 17-49-107
Registration for business
Status: in_force

(a) Any transient merchant desiring to transact business in any county in this state shall register in each county in which the merchant desires to transact business. (b) The registration shall be filed with the county clerk and shall include the following information: (1) The name and permanent address of the transient merchant making the application and, if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation, as the case may be; (2) If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation, and, if the applicant is a corporation formed in a state other than the State of Arkansas, the date on which the corporation qualified to transact business as a foreign corporation in the State of Arkansas; (3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business, and the location of the proposed place of business; (4) The name and permanent address of the transient merchant's registered agent or office; (5) Proof that the applicant has acquired all other required city, county, and state permits and licenses; and (6) There shall be attached to the application a receipt or statement showing that any personal property taxes due on goods, wares, or merchandise to be offered for sale have been paid. (c) The county clerk in each county shall design and cause to be printed appropriate forms for applications for registration and for the registration certificates to be issued to applicants under this subchapter. Acts 1983, No. 587, §§ 6, 7; A.S.A. 1947, §§ 71-5606, 71-5607; Acts 2007, No. 1603, § 4.

(a) Any transient merchant desiring to transact business in any county in this state shall register in each county in which the merchant desires to transact business.

(b) The registration shall be filed with the county clerk and shall include the following information: (1) The name and permanent address of the transient merchant making the application and, if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation, as the case may be; (2) If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation, and, if the applicant is a corporation formed in a state other than the State of Arkansas, the date on which the corporation qualified to transact business as a foreign corporation in the State of Arkansas; (3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business, and the location of the proposed place of business; (4) The name and permanent address of the transient merchant's registered agent or office; (5) Proof that the applicant has acquired all other required city, county, and state permits and licenses; and (6) There shall be attached to the application a receipt or statement showing that any personal property taxes due on goods, wares, or merchandise to be offered for sale have been paid.

(1) The name and permanent address of the transient merchant making the application and, if the applicant is a firm or corporation, the name and address of the members of the firm or the officers of the corporation, as the case may be;

(2) If the applicant is a corporation, there shall be stated on the application form the date of incorporation, the state of incorporation, and, if the applicant is a corporation formed in a state other than the State of Arkansas, the date on which the corporation qualified to transact business as a foreign corporation in the State of Arkansas;

(3) A statement showing the kind of business proposed to be conducted, the length of time for which the applicant desires to transact such business, and the location of the proposed place of business;

(4) The name and permanent address of the transient merchant's registered agent or office;

(5) Proof that the applicant has acquired all other required city, county, and state permits and licenses; and

(6) There shall be attached to the application a receipt or statement showing that any personal property taxes due on goods, wares, or merchandise to be offered for sale have been paid.

(c) The county clerk in each county shall design and cause to be printed appropriate forms for applications for registration and for the registration certificates to be issued to applicants under this subchapter.

Acts 1983, No. 587, §§ 6, 7; A.S.A. 1947, §§ 71-5606, 71-5607; Acts 2007, No. 1603, § 4.
Ark. Code Ann. § 17-92-702 — AR Code / Title 17 / Chapter 92 / Subchapter 7 / Section 17-92-702
Administration
Status: in_force

(a) The Arkansas State Board of Pharmacy may appoint a committee to organize and administer a program that shall fulfill two (2) functions: (1) The program shall serve as a diversion program to which the board may refer licensees when appropriate in lieu of or in addition to other disciplinary action; and (2) The program shall also be a source of treatment or referral for pharmacists who, on a strictly voluntary basis, desire to avail themselves of its services. (b) The board may appoint a committee of five (5) persons who are recovering pharmacists to serve three-year terms with the initial members appointed to staggered terms. Acts 1991, No. 741, § 2.

(a) The Arkansas State Board of Pharmacy may appoint a committee to organize and administer a program that shall fulfill two (2) functions: (1) The program shall serve as a diversion program to which the board may refer licensees when appropriate in lieu of or in addition to other disciplinary action; and (2) The program shall also be a source of treatment or referral for pharmacists who, on a strictly voluntary basis, desire to avail themselves of its services.

(1) The program shall serve as a diversion program to which the board may refer licensees when appropriate in lieu of or in addition to other disciplinary action; and

(2) The program shall also be a source of treatment or referral for pharmacists who, on a strictly voluntary basis, desire to avail themselves of its services.

(b) The board may appoint a committee of five (5) persons who are recovering pharmacists to serve three-year terms with the initial members appointed to staggered terms.

Acts 1991, No. 741, § 2.
Ark. Code Ann. § 17-37-201 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-201
License requirement
Status: in_force

(a) No person shall for compensation engage in pest control service work in any manner as defined in this chapter without first having qualified, including the passing of the State Plant Board's written examination, and having in force a valid license issued by the board for that purpose. (b) It shall be unlawful for any person other than a licensed operator, qualified operator, noncommercial applicator, or persons working under their direct supervision to use restricted-use pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act. Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.

(a) No person shall for compensation engage in pest control service work in any manner as defined in this chapter without first having qualified, including the passing of the State Plant Board's written examination, and having in force a valid license issued by the board for that purpose.

(b) It shall be unlawful for any person other than a licensed operator, qualified operator, noncommercial applicator, or persons working under their direct supervision to use restricted-use pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act.

Acts 1975, No. 488, § 4; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-95-407 — AR Code / Title 17 / Chapter 95 / Subchapter 4 / Section 17-95-407
[Repealed]
Status: repealed

Repealed by Act 2019, No. 266,§ 1, eff. 7/24/2019. Acts 1957, No. 198, § 12; A.S.A. 1947, § 72-612.

Repealed by Act 2019, No. 266,§ 1, eff. 7/24/2019.

Acts 1957, No. 198, § 12; A.S.A. 1947, § 72-612.
Ark. Code Ann. § 17-104-301 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-301
License applicants
Status: in_force

(a) An applicant for a perfusionist license shall submit a sworn application to the Department of Health for consideration. (b) To qualify for the licensing examination, the applicant shall have successfully completed a perfusion education program approved by the State Board of Health. (c) To qualify for a license, an applicant shall pass a competency examination. The examination shall be approved by the board and shall be administered to qualified applicants at least one (1) time per calendar year. (d) No later than two (2) months after the date on which a licensing examination is administered, the board shall notify each examinee of the results of the examination. (e) An applicant who has failed the licensing examination may request in writing that the board furnish the applicant with an analysis of the applicant's performance on the examination. Acts 1999, No. 888, § 8.

(a) An applicant for a perfusionist license shall submit a sworn application to the Department of Health for consideration.

(b) To qualify for the licensing examination, the applicant shall have successfully completed a perfusion education program approved by the State Board of Health.

(c) To qualify for a license, an applicant shall pass a competency examination. The examination shall be approved by the board and shall be administered to qualified applicants at least one (1) time per calendar year.

(d) No later than two (2) months after the date on which a licensing examination is administered, the board shall notify each examinee of the results of the examination.

(e) An applicant who has failed the licensing examination may request in writing that the board furnish the applicant with an analysis of the applicant's performance on the examination.

Acts 1999, No. 888, § 8.
Ark. Code Ann. § 17-87-209 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-209
Clinical Nurse Education Portal
Status: in_force

(a) The Department of Health, in coordination with the Arkansas State Board of Nursing, shall establish the "Clinical Nurse Education Portal", if funds are available. (b) The portal shall: (1) Be a statewide management software system that contains information for all nursing programs in Arkansas in relation to clinical nursing placement access for nursing students and healthcare facilities; (2) Be compliant with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , and the Health Insurance Portability and Accountability Act of 1996; (3) Provide clinical access and utilization data to the board to inform future quality improvement initiatives; (4) Contain compliance, orientation, clinical schedules, and affiliation information for a clinical nursing placement; and (5) Be accessible to all healthcare providers and nursing programs with clinical hour requirements, including simulation laboratory hours. (c) The department may contract with a non-state entity to establish and maintain the portal. (d) (1) All nursing programs and healthcare providers participating or desiring to participate in providing nursing clinical experiences shall have access to the portal and the ability to manage clinical requests, affiliations, and clinical compliance utilizing the software. (2) A nursing program or healthcare provider is not required to adopt the use of the portal as their primary clinical experience management software. (e) (1) On the year-anniversary of August 1, 2023, and annually thereafter, the department shall report on the implementation, progress, and activity of the portal to the: (A) Senate Committee on Public Health, Welfare, and Labor; and (B) House Committee on Public Health, Welfare, and Labor. (2) The Chair of the Senate Committee on Public Health, Welfare, and Labor or the Chair of the House Committee on Public Health, Welfare, and Labor may request any additional reports at his or her discretion. (f) (1) The portal may be funded by one-time funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if available and eligible, to fund personnel and build software programs. (2) In order to maintain the portal, the department may charge a fee to nursing programs or healthcare providers, or both, that use the portal. (g) The department may expand the portal to include other disciplines of healthcare professionals. Added by Act 2023, No. 674,§ 1, eff. 8/1/2023.

(a) The Department of Health, in coordination with the Arkansas State Board of Nursing, shall establish the "Clinical Nurse Education Portal", if funds are available.

(b) The portal shall: (1) Be a statewide management software system that contains information for all nursing programs in Arkansas in relation to clinical nursing placement access for nursing students and healthcare facilities; (2) Be compliant with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , and the Health Insurance Portability and Accountability Act of 1996; (3) Provide clinical access and utilization data to the board to inform future quality improvement initiatives; (4) Contain compliance, orientation, clinical schedules, and affiliation information for a clinical nursing placement; and (5) Be accessible to all healthcare providers and nursing programs with clinical hour requirements, including simulation laboratory hours.

(1) Be a statewide management software system that contains information for all nursing programs in Arkansas in relation to clinical nursing placement access for nursing students and healthcare facilities;

(2) Be compliant with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g , and the Health Insurance Portability and Accountability Act of 1996;

(3) Provide clinical access and utilization data to the board to inform future quality improvement initiatives;

(4) Contain compliance, orientation, clinical schedules, and affiliation information for a clinical nursing placement; and

(5) Be accessible to all healthcare providers and nursing programs with clinical hour requirements, including simulation laboratory hours.

(c) The department may contract with a non-state entity to establish and maintain the portal.

(d) (1) All nursing programs and healthcare providers participating or desiring to participate in providing nursing clinical experiences shall have access to the portal and the ability to manage clinical requests, affiliations, and clinical compliance utilizing the software. (2) A nursing program or healthcare provider is not required to adopt the use of the portal as their primary clinical experience management software.

(1) All nursing programs and healthcare providers participating or desiring to participate in providing nursing clinical experiences shall have access to the portal and the ability to manage clinical requests, affiliations, and clinical compliance utilizing the software.

(2) A nursing program or healthcare provider is not required to adopt the use of the portal as their primary clinical experience management software.

(e) (1) On the year-anniversary of August 1, 2023, and annually thereafter, the department shall report on the implementation, progress, and activity of the portal to the: (A) Senate Committee on Public Health, Welfare, and Labor; and (B) House Committee on Public Health, Welfare, and Labor. (2) The Chair of the Senate Committee on Public Health, Welfare, and Labor or the Chair of the House Committee on Public Health, Welfare, and Labor may request any additional reports at his or her discretion.

(1) On the year-anniversary of August 1, 2023, and annually thereafter, the department shall report on the implementation, progress, and activity of the portal to the: (A) Senate Committee on Public Health, Welfare, and Labor; and (B) House Committee on Public Health, Welfare, and Labor.

(A) Senate Committee on Public Health, Welfare, and Labor; and

(B) House Committee on Public Health, Welfare, and Labor.

(2) The Chair of the Senate Committee on Public Health, Welfare, and Labor or the Chair of the House Committee on Public Health, Welfare, and Labor may request any additional reports at his or her discretion.

(f) (1) The portal may be funded by one-time funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if available and eligible, to fund personnel and build software programs. (2) In order to maintain the portal, the department may charge a fee to nursing programs or healthcare providers, or both, that use the portal.

(1) The portal may be funded by one-time funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if available and eligible, to fund personnel and build software programs.

(2) In order to maintain the portal, the department may charge a fee to nursing programs or healthcare providers, or both, that use the portal.

(g) The department may expand the portal to include other disciplines of healthcare professionals.

Added by Act 2023, No. 674,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-43-307 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-307
Reciprocity
Status: in_force

The Arkansas State Board of Sanitarians shall issue a certificate of registration without examination to any person who makes application on forms prescribed and furnished by the board, pays a registration fee of ten dollars ($10.00), and submits satisfactory proof that he or she: (1) Has had at least two (2) years' experience in the field of environmental sanitation; and (2) Is registered as a sanitarian in a state in which the qualifications for registration are not lower than the qualifications for registration in this state at the time he or she applies for registration. Amended by Act 2019, No. 990,§ 49, eff. 7/24/2019. Acts 1957, No. 281, § 14; A.S.A. 1947, § 71-1614.

The Arkansas State Board of Sanitarians shall issue a certificate of registration without examination to any person who makes application on forms prescribed and furnished by the board, pays a registration fee of ten dollars ($10.00), and submits satisfactory proof that he or she:

(1) Has had at least two (2) years' experience in the field of environmental sanitation; and

(2) Is registered as a sanitarian in a state in which the qualifications for registration are not lower than the qualifications for registration in this state at the time he or she applies for registration.

Amended by Act 2019, No. 990,§ 49, eff. 7/24/2019.

Acts 1957, No. 281, § 14; A.S.A. 1947, § 71-1614.
Ark. Code Ann. § 17-93-414 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-414
Reciprocity
Status: in_force

(a) A licensed athletic trainer who has been issued a license to practice as an athletic trainer in another state or territory whose requirements for registration and licensure were equal, at the time of registration or licensure, to the requirements contained in this subchapter may be registered and issued a license by the Arkansas State Board of Athletic Training, provided the other state or territory accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board. (b) The issuance of a license by reciprocity shall be at the sole discretion of the board. Acts 1995, No. 1279, § 14.

(a) A licensed athletic trainer who has been issued a license to practice as an athletic trainer in another state or territory whose requirements for registration and licensure were equal, at the time of registration or licensure, to the requirements contained in this subchapter may be registered and issued a license by the Arkansas State Board of Athletic Training, provided the other state or territory accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board.

(b) The issuance of a license by reciprocity shall be at the sole discretion of the board.

Acts 1995, No. 1279, § 14.
Ark. Code Ann. § 17-51-201 — AR Code / Title 17 / Chapter 51 / Subchapter 2 / Section 17-51-201
License required
Status: in_force

(a) In order to safeguard the public health, all water system operators of community and certain noncommunity public water systems from which water is sold, distributed, or otherwise offered for human consumption, whether such water systems are publicly or privately owned and operated, shall be licensed and certified as competent by the Department of Health under the provisions of this chapter and under such rules as the State Board of Health may adopt under the provisions of this chapter. (b) It shall be unlawful for any person, municipality, political subdivision, corporation, partnership, sole proprietorship, or any authority that furnishes water for domestic consumption to operate any type of community public water system, nontransient noncommunity public water system, or any other noncommunity public water system utilizing a surface water or surface water-influenced source, unless the water system operator in charge is duly licensed and certified competent by the department. (c) It shall be unlawful for any person to perform the duties of a water system operator without being duly licensed or to falsely represent himself or herself as a licensed water system operator. (d) It shall also be unlawful for any public or private official, not duly licensed, to attempt to influence the judgment of a licensed water system operator in matters where the public health may be involved unless this official is an authorized representative of the department. Amended by Act 2019, No. 315,§ 1496, eff. 7/24/2019. Acts 1957, No. 333, §§ 1, 12; A.S.A. 1947, §§ 71-1701, 71-1712; Acts 1991, No. 1001, § 1; 1997, No. 494, § 4.

(a) In order to safeguard the public health, all water system operators of community and certain noncommunity public water systems from which water is sold, distributed, or otherwise offered for human consumption, whether such water systems are publicly or privately owned and operated, shall be licensed and certified as competent by the Department of Health under the provisions of this chapter and under such rules as the State Board of Health may adopt under the provisions of this chapter.

(b) It shall be unlawful for any person, municipality, political subdivision, corporation, partnership, sole proprietorship, or any authority that furnishes water for domestic consumption to operate any type of community public water system, nontransient noncommunity public water system, or any other noncommunity public water system utilizing a surface water or surface water-influenced source, unless the water system operator in charge is duly licensed and certified competent by the department.

(c) It shall be unlawful for any person to perform the duties of a water system operator without being duly licensed or to falsely represent himself or herself as a licensed water system operator.

(d) It shall also be unlawful for any public or private official, not duly licensed, to attempt to influence the judgment of a licensed water system operator in matters where the public health may be involved unless this official is an authorized representative of the department.

Amended by Act 2019, No. 315,§ 1496, eff. 7/24/2019.

Acts 1957, No. 333, §§ 1, 12; A.S.A. 1947, §§ 71-1701, 71-1712; Acts 1991, No. 1001, § 1; 1997, No. 494, § 4.
Ark. Code Ann. § 17-14-407 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-407
Registrant responsibilities and duties
Status: in_force

(a) A registrant that is an organization shall: (1) Maintain a registered agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; and (2) Provide to the State Board of Appraisers, Abstracters, and Home Inspectors the information required by § 4-20-105(a) concerning the organization's agent for service of process and within five (5) business days any changes to the information. (b) (1) A registrant shall maintain or cause to be maintained complete records of requests for appraisal services referred to an appraiser licensed or certified by the board, including without limitation records pertaining to the acceptance of fees from borrowers or clients and payments to appraisers. (2) The board may inspect the records without prior notice periodically or if the board determines that the records are pertinent to an investigation of a complaint against a registrant. (c) (1) A registrant shall designate a controlling person or managing principal responsible for ensuring compliance with this subchapter. (2) The registrant shall file a form with the board certifying: (A) The identity of the controlling person or the managing principal; and (B) The individual's acceptance of the responsibilities of a controlling person or a managing principal. (3) The registrant shall notify the board within thirty (30) days of a change in its controlling person or managing principal. (4) An individual registrant who operates as a sole proprietorship is considered the managing principal under this subchapter. (d) (1) A registrant shall make and keep the accounts, correspondence, memoranda, papers, books, and other records in accordance with rules promulgated by the board. (2) All records shall be retained for five (5) years unless the board by rule prescribes a different retention period for particular types of records. (e) If the information contained in a document filed with the board is or becomes inaccurate or incomplete in any material respect, the registrant shall promptly file an amendment correcting the information contained in the document. (f) The registrant shall disclose to its client the actual fees paid to an appraiser for appraisal services separately from any other fees or charges for appraisal management services. Amended by Act 2023, No. 628,§ 40, eff. 7/1/2023. Acts 2009, No. 628, § 1.

(a) A registrant that is an organization shall: (1) Maintain a registered agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; and (2) Provide to the State Board of Appraisers, Abstracters, and Home Inspectors the information required by § 4-20-105(a) concerning the organization's agent for service of process and within five (5) business days any changes to the information.

(1) Maintain a registered agent for service of process under the Model Registered Agents Act, § 4-20-101 et seq.; and

(2) Provide to the State Board of Appraisers, Abstracters, and Home Inspectors the information required by § 4-20-105(a) concerning the organization's agent for service of process and within five (5) business days any changes to the information.

(b) (1) A registrant shall maintain or cause to be maintained complete records of requests for appraisal services referred to an appraiser licensed or certified by the board, including without limitation records pertaining to the acceptance of fees from borrowers or clients and payments to appraisers. (2) The board may inspect the records without prior notice periodically or if the board determines that the records are pertinent to an investigation of a complaint against a registrant.

(1) A registrant shall maintain or cause to be maintained complete records of requests for appraisal services referred to an appraiser licensed or certified by the board, including without limitation records pertaining to the acceptance of fees from borrowers or clients and payments to appraisers.

(2) The board may inspect the records without prior notice periodically or if the board determines that the records are pertinent to an investigation of a complaint against a registrant.

(c) (1) A registrant shall designate a controlling person or managing principal responsible for ensuring compliance with this subchapter. (2) The registrant shall file a form with the board certifying: (A) The identity of the controlling person or the managing principal; and (B) The individual's acceptance of the responsibilities of a controlling person or a managing principal. (3) The registrant shall notify the board within thirty (30) days of a change in its controlling person or managing principal. (4) An individual registrant who operates as a sole proprietorship is considered the managing principal under this subchapter.

(1) A registrant shall designate a controlling person or managing principal responsible for ensuring compliance with this subchapter.

(2) The registrant shall file a form with the board certifying: (A) The identity of the controlling person or the managing principal; and (B) The individual's acceptance of the responsibilities of a controlling person or a managing principal.

(A) The identity of the controlling person or the managing principal; and

(B) The individual's acceptance of the responsibilities of a controlling person or a managing principal.

(3) The registrant shall notify the board within thirty (30) days of a change in its controlling person or managing principal.

(4) An individual registrant who operates as a sole proprietorship is considered the managing principal under this subchapter.

(d) (1) A registrant shall make and keep the accounts, correspondence, memoranda, papers, books, and other records in accordance with rules promulgated by the board. (2) All records shall be retained for five (5) years unless the board by rule prescribes a different retention period for particular types of records.

(1) A registrant shall make and keep the accounts, correspondence, memoranda, papers, books, and other records in accordance with rules promulgated by the board.

(2) All records shall be retained for five (5) years unless the board by rule prescribes a different retention period for particular types of records.

(e) If the information contained in a document filed with the board is or becomes inaccurate or incomplete in any material respect, the registrant shall promptly file an amendment correcting the information contained in the document.

(f) The registrant shall disclose to its client the actual fees paid to an appraiser for appraisal services separately from any other fees or charges for appraisal management services.

Amended by Act 2023, No. 628,§ 40, eff. 7/1/2023.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-47-103 — AR Code / Title 17 / Chapter 47 / Subchapter 1 / Section 17-47-103
Exemptions
Status: in_force

This chapter shall not be construed to prevent or affect: (1) The practice or offer to practice of soil classifying by a person not a resident or having no established place of business in this state, provided that the person is legally qualified by the provisions of this chapter to practice soil classifying as defined in this chapter in his or her own state which extends similar privileges to persons registered under this chapter and provided that the person shall make application accompanied by the appropriate application fee to the Arkansas Natural Resources Commission in writing before his or her practicing or offering to practice soil classifying. The applicant may be granted a temporary permit for a definite period of time not to exceed one (1) year to do a specific job. However, no right to practice soil classifying shall accrue to the applicant with respect to any other work not set forth in the permit; (2) The work of an employee or a subordinate of a person holding a certificate or registration under this chapter or an employee of a person practicing lawfully under subdivision (1) of this section, provided that the work does not include final soil classifying decisions and is done under the direct supervision of, and verified by, a person holding a certificate of registration under this chapter or a person practicing lawfully under subdivision (4) of this section; (3) The practice of any other legally recognized profession or trade; or (4) The practice of soil classifying by any person regularly employed to perform soil classifying services solely for his or her employer or for a subsidiary or affiliated corporation of his or her employer, when the soil classifying performed is in connection with the property, products, or services of his or her employer. Amended by Act 2023, No. 691,§ 97, eff. 7/1/2023. Acts 1975, No. 460, § 19; A.S.A. 1947, § 71-2719.

This chapter shall not be construed to prevent or affect:

(1) The practice or offer to practice of soil classifying by a person not a resident or having no established place of business in this state, provided that the person is legally qualified by the provisions of this chapter to practice soil classifying as defined in this chapter in his or her own state which extends similar privileges to persons registered under this chapter and provided that the person shall make application accompanied by the appropriate application fee to the Arkansas Natural Resources Commission in writing before his or her practicing or offering to practice soil classifying. The applicant may be granted a temporary permit for a definite period of time not to exceed one (1) year to do a specific job. However, no right to practice soil classifying shall accrue to the applicant with respect to any other work not set forth in the permit;

(2) The work of an employee or a subordinate of a person holding a certificate or registration under this chapter or an employee of a person practicing lawfully under subdivision (1) of this section, provided that the work does not include final soil classifying decisions and is done under the direct supervision of, and verified by, a person holding a certificate of registration under this chapter or a person practicing lawfully under subdivision (4) of this section;

(3) The practice of any other legally recognized profession or trade; or

(4) The practice of soil classifying by any person regularly employed to perform soil classifying services solely for his or her employer or for a subsidiary or affiliated corporation of his or her employer, when the soil classifying performed is in connection with the property, products, or services of his or her employer.

Amended by Act 2023, No. 691,§ 97, eff. 7/1/2023.

Acts 1975, No. 460, § 19; A.S.A. 1947, § 71-2719.
Ark. Code Ann. § 17-92-309 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-309
Registration and certificate
Status: in_force

(a) The Arkansas State Board of Pharmacy shall register in a suitable book the names and places of residence of all persons to whom it issues certificates and the date of issuance. (b) The board shall issue an appropriate certificate to each person licensed. The certificate must be conspicuously displayed in every store described in this chapter. (c) The board may provide by rule for issuing and waiving the renewal fee for pharmacy certificates denoting special recognition for pharmacists who have the following qualifications: (1) The pharmacist graduated from a college of pharmacy approved by the board fifty (50) or more years before the date on which the certificate will be issued; or (2) (A) The pharmacist has held an Arkansas pharmacist license for forty-nine (49) continuous years before the date on which the certificate will be issued without any lapse in the payment of licensure fees. (B) However, a pharmacist who has paid fees to reinstate an expired license shall not be deemed to have held a license for continuous years. Amended by Act 2019, No. 315,§ 1579, eff. 7/24/2019. Acts 1891, No. 50, §§ 6, 7, p. 80; C. & M. Dig., §§ 3672, 3673; Pope's Dig., § 4609; A.S.A. 1947, §§ 72-1007, 72-1009; Acts 2003, No. 1092, § 1.

(a) The Arkansas State Board of Pharmacy shall register in a suitable book the names and places of residence of all persons to whom it issues certificates and the date of issuance.

(b) The board shall issue an appropriate certificate to each person licensed. The certificate must be conspicuously displayed in every store described in this chapter.

(c) The board may provide by rule for issuing and waiving the renewal fee for pharmacy certificates denoting special recognition for pharmacists who have the following qualifications: (1) The pharmacist graduated from a college of pharmacy approved by the board fifty (50) or more years before the date on which the certificate will be issued; or (2) (A) The pharmacist has held an Arkansas pharmacist license for forty-nine (49) continuous years before the date on which the certificate will be issued without any lapse in the payment of licensure fees. (B) However, a pharmacist who has paid fees to reinstate an expired license shall not be deemed to have held a license for continuous years.

(1) The pharmacist graduated from a college of pharmacy approved by the board fifty (50) or more years before the date on which the certificate will be issued; or

(2) (A) The pharmacist has held an Arkansas pharmacist license for forty-nine (49) continuous years before the date on which the certificate will be issued without any lapse in the payment of licensure fees. (B) However, a pharmacist who has paid fees to reinstate an expired license shall not be deemed to have held a license for continuous years.

(A) The pharmacist has held an Arkansas pharmacist license for forty-nine (49) continuous years before the date on which the certificate will be issued without any lapse in the payment of licensure fees.

(B) However, a pharmacist who has paid fees to reinstate an expired license shall not be deemed to have held a license for continuous years.

Amended by Act 2019, No. 315,§ 1579, eff. 7/24/2019.

Acts 1891, No. 50, §§ 6, 7, p. 80; C. & M. Dig., §§ 3672, 3673; Pope's Dig., § 4609; A.S.A. 1947, §§ 72-1007, 72-1009; Acts 2003, No. 1092, § 1.
Ark. Code Ann. § 17-93-407 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-407
License required - Exceptions
Status: in_force

(a) It shall be unlawful for any person to use the title of "athletic trainer", "licensed athletic trainer", "registered athletic trainer", "L.A.T.", or "R.A.T.", or any symbols denoting the license of athletic training or perform any of the activities of an athletic trainer as defined by this subchapter without first obtaining all licenses required under this subchapter, unless provided otherwise in this subchapter. (b) Nothing in this subchapter shall be construed to: (1) Authorize the practice of medicine or physical therapy by any person not so licensed by the state; (2) Prohibit the lawful practice of a licensed healthcare professional under the scope of his or her license; (3) Prohibit the lawful practice of a licensed athletic trainer from another state who accompanies his or her team, athlete, or representatives to the State of Arkansas for limited competition; or (4) Prohibit designated interns from university academic programs preparing athletic trainers from performing acts of athletic training incidental to their courses of study. Acts 1995, No. 1279, §§ 7, 15.

(a) It shall be unlawful for any person to use the title of "athletic trainer", "licensed athletic trainer", "registered athletic trainer", "L.A.T.", or "R.A.T.", or any symbols denoting the license of athletic training or perform any of the activities of an athletic trainer as defined by this subchapter without first obtaining all licenses required under this subchapter, unless provided otherwise in this subchapter.

(b) Nothing in this subchapter shall be construed to: (1) Authorize the practice of medicine or physical therapy by any person not so licensed by the state; (2) Prohibit the lawful practice of a licensed healthcare professional under the scope of his or her license; (3) Prohibit the lawful practice of a licensed athletic trainer from another state who accompanies his or her team, athlete, or representatives to the State of Arkansas for limited competition; or (4) Prohibit designated interns from university academic programs preparing athletic trainers from performing acts of athletic training incidental to their courses of study.

(1) Authorize the practice of medicine or physical therapy by any person not so licensed by the state;

(2) Prohibit the lawful practice of a licensed healthcare professional under the scope of his or her license;

(3) Prohibit the lawful practice of a licensed athletic trainer from another state who accompanies his or her team, athlete, or representatives to the State of Arkansas for limited competition; or

(4) Prohibit designated interns from university academic programs preparing athletic trainers from performing acts of athletic training incidental to their courses of study.

Acts 1995, No. 1279, §§ 7, 15.
Ark. Code Ann. § 17-22-304 — AR Code / Title 17 / Chapter 22 / Subchapter 3 / Section 17-22-304
Bond required
Status: in_force

(a) As a condition to the issuance of a license as provided in § 17-22-302 , the person applying for the license shall file with the State Athletic Commission a cashier's check, an acceptable letter of credit, or a corporate surety bond in an amount to be established by the commission in its rules, but not less than the sum of two thousand dollars ($2,000) written by a corporate surety authorized to do business in this state, conditioned upon the licensee's payment of all taxes and other charges due the state and its political subdivisions on account of such matches or exhibitions. (b) The surety under this section shall be written or held by the commission for at least six (6) months. Amended by Act 2013, No. 1096,§ 9, eff. 8/16/2013. Acts 1961, No. 450, § 1; A.S.A. 1947, § 84-2910; Acts 1999, No. 1085, § 7; 2009, No. 781, § 7.

(a) As a condition to the issuance of a license as provided in § 17-22-302 , the person applying for the license shall file with the State Athletic Commission a cashier's check, an acceptable letter of credit, or a corporate surety bond in an amount to be established by the commission in its rules, but not less than the sum of two thousand dollars ($2,000) written by a corporate surety authorized to do business in this state, conditioned upon the licensee's payment of all taxes and other charges due the state and its political subdivisions on account of such matches or exhibitions.

(b) The surety under this section shall be written or held by the commission for at least six (6) months.

Amended by Act 2013, No. 1096,§ 9, eff. 8/16/2013.

Acts 1961, No. 450, § 1; A.S.A. 1947, § 84-2910; Acts 1999, No. 1085, § 7; 2009, No. 781, § 7.
Ark. Code Ann. § 17-87-706 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-706
Renewal of certifications
Status: in_force

(a) (1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical renewal of medication assistive person certifications. (2) In each case, the board shall mail a notification for renewal to the medication assistive person at least thirty (30) days before the expiration date of the certification. (b) (1) Upon receipt of the renewal application and the fee, the board shall verify the accuracy of the application. (2) (A) If the board finds the application to be accurate, the board shall issue a certificate of renewal to the applicant. (B) As a condition of certification renewal, a medication assistive person shall be: (i) Currently listed in good standing on the state's certified nurse aide registry; and (ii) Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board. (c) The renewal shall render the holder of the certificate a legal provider of medication assistive person services for the period stated in the certificate of renewal. (d) Any medication assistive person who allows his or her certification to lapse by failing to renew the certification as provided in this section may be reinstated by the board on: (1) Payment of the renewal fee plus a penalty; and (2) Submission of evidence that the person currently meets the requirements to serve as a medication assistive person. (e) Any person providing services as a medication assistive person during the time his or her certification has lapsed shall be considered to be providing services illegally and shall be subject to the penalties provided for violations of this subchapter. Acts 2005, No. 1423, § 4.

(a) (1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical renewal of medication assistive person certifications. (2) In each case, the board shall mail a notification for renewal to the medication assistive person at least thirty (30) days before the expiration date of the certification.

(1) The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical renewal of medication assistive person certifications.

(2) In each case, the board shall mail a notification for renewal to the medication assistive person at least thirty (30) days before the expiration date of the certification.

(b) (1) Upon receipt of the renewal application and the fee, the board shall verify the accuracy of the application. (2) (A) If the board finds the application to be accurate, the board shall issue a certificate of renewal to the applicant. (B) As a condition of certification renewal, a medication assistive person shall be: (i) Currently listed in good standing on the state's certified nurse aide registry; and (ii) Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board.

(1) Upon receipt of the renewal application and the fee, the board shall verify the accuracy of the application.

(2) (A) If the board finds the application to be accurate, the board shall issue a certificate of renewal to the applicant. (B) As a condition of certification renewal, a medication assistive person shall be: (i) Currently listed in good standing on the state's certified nurse aide registry; and (ii) Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board.

(A) If the board finds the application to be accurate, the board shall issue a certificate of renewal to the applicant.

(B) As a condition of certification renewal, a medication assistive person shall be: (i) Currently listed in good standing on the state's certified nurse aide registry; and (ii) Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board.

(i) Currently listed in good standing on the state's certified nurse aide registry; and

(ii) Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board.

(c) The renewal shall render the holder of the certificate a legal provider of medication assistive person services for the period stated in the certificate of renewal.

(d) Any medication assistive person who allows his or her certification to lapse by failing to renew the certification as provided in this section may be reinstated by the board on: (1) Payment of the renewal fee plus a penalty; and (2) Submission of evidence that the person currently meets the requirements to serve as a medication assistive person.

(1) Payment of the renewal fee plus a penalty; and

(2) Submission of evidence that the person currently meets the requirements to serve as a medication assistive person.

(e) Any person providing services as a medication assistive person during the time his or her certification has lapsed shall be considered to be providing services illegally and shall be subject to the penalties provided for violations of this subchapter.

Acts 2005, No. 1423, § 4.