Ark. Code Ann. § 17-27-201 — AR Code / Title 17 / Chapter 27 / Subchapter 2 / Section 17-27-201
Creation - Members
Status: in_force

(a) There is created a board to be known as the "Arkansas Board of Examiners in Counseling", consisting of nine (9) members who shall be appointed by the Governor, subject to confirmation by the Senate. (b) Appointments shall be made so as to ensure that the Arkansas Board of Examiners in Counseling consists of citizens of the United States, residents of Arkansas, at least one (1) member of each sex, and at least one (1) member of an ethnic minority. (c) (1) The composition of the Arkansas Board of Examiners in Counseling shall include: (A) (i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. (ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A); (B) (i) One (1) licensed marriage and family therapist. (ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B); (C) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers; and (D) (i) One (1) member who shall represent the elderly. (ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling. (iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations. (2) The same person may not be both the consumer representative and the representative of the elderly. (d) Arkansas Board of Examiners in Counseling members shall be appointed for three-year terms. (e) Any Arkansas Board of Examiners in Counseling member may be removed by the Governor after written notice and a hearing for incapacity, incompetence, neglect of duty, or malfeasance in office. (f) (1) The members shall immediately and before performing public duties take the constitutional oath of office. (2) Each member may receive expense reimbursement in accordance with § 25-16-901 et seq., provided that the expenses shall in no case exceed funds available to the Arkansas Board of Examiners in Counseling. Amended by Act 2017, No. 540,§ 20, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 24, eff. 7/22/2015. Acts 1979, No. 593, §§ 5, 6; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 71-5205, 71-5206; Acts 1997, No. 244, § 2; 1997, No. 250, § 134; 2003, No. 870, § 1.

(a) There is created a board to be known as the "Arkansas Board of Examiners in Counseling", consisting of nine (9) members who shall be appointed by the Governor, subject to confirmation by the Senate.

(b) Appointments shall be made so as to ensure that the Arkansas Board of Examiners in Counseling consists of citizens of the United States, residents of Arkansas, at least one (1) member of each sex, and at least one (1) member of an ethnic minority.

(c) (1) The composition of the Arkansas Board of Examiners in Counseling shall include: (A) (i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. (ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A); (B) (i) One (1) licensed marriage and family therapist. (ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B); (C) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers; and (D) (i) One (1) member who shall represent the elderly. (ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling. (iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations. (2) The same person may not be both the consumer representative and the representative of the elderly.

(1) The composition of the Arkansas Board of Examiners in Counseling shall include: (A) (i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. (ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A); (B) (i) One (1) licensed marriage and family therapist. (ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B); (C) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers; and (D) (i) One (1) member who shall represent the elderly. (ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling. (iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations.

(A) (i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators. (ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A);

(i) Six (6) licensed or licensable counselors, three (3) of whom are practicing counselors and three (3) of whom are counselor educators.

(ii) The Governor shall consult the Executive Committee of the Arkansas Counseling Association and the Executive Committee of the Arkansas Mental Health Counselors Association before making an appointment under this subdivision (c)(1)(A);

(B) (i) One (1) licensed marriage and family therapist. (ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B);

(i) One (1) licensed marriage and family therapist.

(ii) The Governor shall consult the Board of Directors of the Arkansas Association for Marriage and Family Therapists before making an appointment under this subdivision (c)(1)(B);

(C) One (1) member from the general public who is not licensed or licensable and not actively engaged in or retired from the profession of counseling who shall represent consumers; and

(D) (i) One (1) member who shall represent the elderly. (ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling. (iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations.

(i) One (1) member who shall represent the elderly.

(ii) This member shall be sixty (60) years of age or older and not actively engaged in or retired from the profession of counseling.

(iii) He or she shall be appointed from the state at large subject to confirmation by the Senate and shall be a full voting member but shall not participate in the grading of examinations.

(2) The same person may not be both the consumer representative and the representative of the elderly.

(d) Arkansas Board of Examiners in Counseling members shall be appointed for three-year terms.

(e) Any Arkansas Board of Examiners in Counseling member may be removed by the Governor after written notice and a hearing for incapacity, incompetence, neglect of duty, or malfeasance in office.

(f) (1) The members shall immediately and before performing public duties take the constitutional oath of office. (2) Each member may receive expense reimbursement in accordance with § 25-16-901 et seq., provided that the expenses shall in no case exceed funds available to the Arkansas Board of Examiners in Counseling.

(1) The members shall immediately and before performing public duties take the constitutional oath of office.

(2) Each member may receive expense reimbursement in accordance with § 25-16-901 et seq., provided that the expenses shall in no case exceed funds available to the Arkansas Board of Examiners in Counseling.

Amended by Act 2017, No. 540,§ 20, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 24, eff. 7/22/2015.

Acts 1979, No. 593, §§ 5, 6; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 71-5205, 71-5206; Acts 1997, No. 244, § 2; 1997, No. 250, § 134; 2003, No. 870, § 1.
Ark. Code Ann. § 17-36-104 — AR Code / Title 17 / Chapter 36 / Subchapter 1 / Section 17-36-104
Enforcement
Status: in_force

It is the duty of all duly constituted officers of the law of this state and all political subdivisions thereof to enforce the provisions of this chapter and to prosecute a person violating the provisions thereof. Acts 1975, No. 353, § 6; A.S.A. 1947, § 71-2906; Acts 2001, No. 617, § 3; 2009, No. 1367, § 16.

It is the duty of all duly constituted officers of the law of this state and all political subdivisions thereof to enforce the provisions of this chapter and to prosecute a person violating the provisions thereof.

Acts 1975, No. 353, § 6; A.S.A. 1947, § 71-2906; Acts 2001, No. 617, § 3; 2009, No. 1367, § 16.
Ark. Code Ann. § 17-15-202 — AR Code / Title 17 / Chapter 15 / Subchapter 2 / Section 17-15-202
Organization and proceedings
Status: in_force

(a) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall hold at least two (2) meetings each year for the purpose of examining the candidates for registration and license. Special meetings shall be held at such times as the regularly adopted rules of the board provide. (b) Five (5) members of the board shall constitute a quorum, but no action may be taken without at least three (3) votes in accord. (c) The board shall adopt and have an official seal. (d) (1) The board shall annually elect a president, a secretary, and a treasurer. (2) The offices of secretary and treasurer may be held by the same person, and there may be included in the election, if deemed advisable by the board, a vice president. (e) All expenses incurred by the board for the administration of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. are to be defrayed by revenues provided for in this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1969, No. 334, § 1; A.S.A. 1947, § 71-303; Acts 2009, No. 1367, § 7.

(a) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall hold at least two (2) meetings each year for the purpose of examining the candidates for registration and license. Special meetings shall be held at such times as the regularly adopted rules of the board provide.

(b) Five (5) members of the board shall constitute a quorum, but no action may be taken without at least three (3) votes in accord.

(c) The board shall adopt and have an official seal.

(d) (1) The board shall annually elect a president, a secretary, and a treasurer. (2) The offices of secretary and treasurer may be held by the same person, and there may be included in the election, if deemed advisable by the board, a vice president.

(1) The board shall annually elect a president, a secretary, and a treasurer.

(2) The offices of secretary and treasurer may be held by the same person, and there may be included in the election, if deemed advisable by the board, a vice president.

(e) All expenses incurred by the board for the administration of this chapter, § 17-35-101 et seq., and § 17-36-101 et seq. are to be defrayed by revenues provided for in this chapter, § 17-35-101 et seq., and § 17-36-101 et seq.

Acts 1941, No. 270, § 3; 1957, No. 219, § 1; 1969, No. 334, § 1; A.S.A. 1947, § 71-303; Acts 2009, No. 1367, § 7.
Ark. Code Ann. § 17-95-909 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-909
Exclusions of limitations of employment
Status: in_force

This subchapter does not limit the employment arrangement of a graduate registered physician licensed under this subchapter. Amended by Act 2019, No. 386,§ 52, eff. 7/24/2019. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

This subchapter does not limit the employment arrangement of a graduate registered physician licensed under this subchapter.

Amended by Act 2019, No. 386,§ 52, eff. 7/24/2019.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-12-102 — AR Code / Title 17 / Chapter 12 / Subchapter 1 / Section 17-12-102
Purpose
Status: in_force

It is the policy of this state, and the purpose of this chapter, to promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public or private. The public interest requires: (1) That persons attesting as experts in accountancy to the reliability or fairness of presentation of such information be qualified in fact to do so; (2) That a public authority competent to prescribe and assess the qualifications of public accountants be established; and (3) That the attestation of financial information by persons professing expertise in accountancy be reserved to persons who demonstrate their ability and fitness to observe and apply the standards of the accounting profession. Acts 1975, No. 160, § 1; A.S.A. 1947, § 71-611.

It is the policy of this state, and the purpose of this chapter, to promote the dependability of information which is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public or private. The public interest requires:

(1) That persons attesting as experts in accountancy to the reliability or fairness of presentation of such information be qualified in fact to do so;

(2) That a public authority competent to prescribe and assess the qualifications of public accountants be established; and

(3) That the attestation of financial information by persons professing expertise in accountancy be reserved to persons who demonstrate their ability and fitness to observe and apply the standards of the accounting profession.

Acts 1975, No. 160, § 1; A.S.A. 1947, § 71-611.
Ark. Code Ann. § 17-83-104 — AR Code / Title 17 / Chapter 83 / Subchapter 1 / Section 17-83-104
Exemptions
Status: in_force

This chapter does not affect or prevent: (1) Dietetics students who engage in clinical practice under the supervision of a dietitian as part of a dietetic education program approved or accredited by the Academy of Nutrition and Dietetics and approved by the Arkansas Dietetics Licensing Board; (2) A dietitian who is serving in the armed forces or the United States Public Health Service or is employed by the Department of Veterans Affairs from engaging in the practice of dietetics, provided that the practice is related to that service or employment; (3) A cooperative extension home economist from performing nutrition tasks incidental to the practice of his or her profession, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian; (4) A licensed physician, pharmacist, or nurse from engaging in the practice of dietetics if incidental to the practice of his or her profession, and if the person does not hold himself or herself out under the title of dietitian or licensed dietitian; (5) A person employed by, supervised by, under the guidance of, or in consultation with a licensed dietitian, such as a dietetic technician, home economist, dietary manager, or food service supervisor, from performing nutrition tasks in the practice of his or her profession, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian; (6) A person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in human nutrition, food and nutrition, dietetics, public health nutrition, or food systems management; (7) A nonresident dietitian practicing dietetics in this state, if: (A) The dietetics are performed for no more than one hundred eighty (180) consecutive working days; and (B) The dietitian: (i) Is licensed under the laws of another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or (ii) Has met qualifications as specified in this chapter for the practice of dietetics; (8) A person who offers weight control programs prepared under the supervision of or approved by a registered dietitian or a licensed dietitian who is licensed under the laws of this state or another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian; (9) A person employed by a hospital or long-term care facility licensed by the Department of Health or the Department of Human Services and operating under the rules of the Department of Health or the Department of Human Services if the person's practice of dietetics is related to the employment; (10) A person employed by a facility that is operated by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination if the person's practice of dietetics is related to the employment; (11) A person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in animal nutrition and whose practice is related to the degree; (12) A healthcare professional or nutritionist from engaging in dietetics practice without a license under this chapter; (13) The sale of vitamins, over-the-counter healthcare products, or food supplements by persons who are not licensed under this chapter; or (14) Nutritionists from advising customers in regard to vitamins, over-the-counter healthcare products, or food supplements. Amended by Act 2013, No. 173,§ 2, eff. 8/16/2013. Acts 1989, No. 392, § 4.

This chapter does not affect or prevent:

(1) Dietetics students who engage in clinical practice under the supervision of a dietitian as part of a dietetic education program approved or accredited by the Academy of Nutrition and Dietetics and approved by the Arkansas Dietetics Licensing Board;

(2) A dietitian who is serving in the armed forces or the United States Public Health Service or is employed by the Department of Veterans Affairs from engaging in the practice of dietetics, provided that the practice is related to that service or employment;

(3) A cooperative extension home economist from performing nutrition tasks incidental to the practice of his or her profession, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian;

(4) A licensed physician, pharmacist, or nurse from engaging in the practice of dietetics if incidental to the practice of his or her profession, and if the person does not hold himself or herself out under the title of dietitian or licensed dietitian;

(5) A person employed by, supervised by, under the guidance of, or in consultation with a licensed dietitian, such as a dietetic technician, home economist, dietary manager, or food service supervisor, from performing nutrition tasks in the practice of his or her profession, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian;

(6) A person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in human nutrition, food and nutrition, dietetics, public health nutrition, or food systems management;

(7) A nonresident dietitian practicing dietetics in this state, if: (A) The dietetics are performed for no more than one hundred eighty (180) consecutive working days; and (B) The dietitian: (i) Is licensed under the laws of another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or (ii) Has met qualifications as specified in this chapter for the practice of dietetics;

(A) The dietetics are performed for no more than one hundred eighty (180) consecutive working days; and

(B) The dietitian: (i) Is licensed under the laws of another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or (ii) Has met qualifications as specified in this chapter for the practice of dietetics;

(i) Is licensed under the laws of another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board; or

(ii) Has met qualifications as specified in this chapter for the practice of dietetics;

(8) A person who offers weight control programs prepared under the supervision of or approved by a registered dietitian or a licensed dietitian who is licensed under the laws of this state or another state that has licensure requirements at least as stringent as the requirements of this chapter, as determined by the board, if the person does not hold himself or herself out under the title of dietitian or licensed dietitian;

(9) A person employed by a hospital or long-term care facility licensed by the Department of Health or the Department of Human Services and operating under the rules of the Department of Health or the Department of Human Services if the person's practice of dietetics is related to the employment;

(10) A person employed by a facility that is operated by and for those who rely exclusively upon treatment by prayer alone for healing in accordance with the tenets or practices of any recognized religious denomination if the person's practice of dietetics is related to the employment;

(11) A person who has received a doctoral degree from a regionally accredited United States college or university in or with a concentration in animal nutrition and whose practice is related to the degree;

(12) A healthcare professional or nutritionist from engaging in dietetics practice without a license under this chapter;

(13) The sale of vitamins, over-the-counter healthcare products, or food supplements by persons who are not licensed under this chapter; or

(14) Nutritionists from advising customers in regard to vitamins, over-the-counter healthcare products, or food supplements.

Amended by Act 2013, No. 173,§ 2, eff. 8/16/2013.

Acts 1989, No. 392, § 4.
Ark. Code Ann. § 17-12-604 — AR Code / Title 17 / Chapter 12 / Subchapter 6 / Section 17-12-604
Reinstatement
Status: in_force

Upon application in writing and after hearing pursuant to notice, the Arkansas State Board of Public Accountancy may issue a new certificate to a certified public accountant whose certificate shall have been revoked, or the board may permit the reregistration of anyone whose registration has been revoked or may reissue or modify the suspension of any license to practice public accounting which has been revoked or suspended. Acts 1975, No. 160, § 15; A.S.A. 1947, § 71-625; Acts 1999, No. 180, § 40.

Upon application in writing and after hearing pursuant to notice, the Arkansas State Board of Public Accountancy may issue a new certificate to a certified public accountant whose certificate shall have been revoked, or the board may permit the reregistration of anyone whose registration has been revoked or may reissue or modify the suspension of any license to practice public accounting which has been revoked or suspended.

Acts 1975, No. 160, § 15; A.S.A. 1947, § 71-625; Acts 1999, No. 180, § 40.
Ark. Code Ann. § 17-100-307 — AR Code / Title 17 / Chapter 100 / Subchapter 3 / Section 17-100-307
Denial, suspension, revocation, or other disciplinary action - Reinstatement
Status: in_force

(a) The Board of Examiners in Speech-Language Pathology and Audiology may refuse to issue or renew a license or may suspend or revoke a license when the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct may result from, but not necessarily be limited to: (1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts; (2) Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board; (3) (A) Being convicted of a felony listed under § 17-3-102 . (B) At the direction of the board, and after due notice and an administrative hearing in accordance with the provisions of applicable Arkansas laws, the license of the person so convicted shall be suspended or revoked or the board shall decline to issue a license when: (i) The time for appeal has elapsed; (ii) The judgment of conviction has been affirmed on appeal; or (iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment; (4) Violating any lawful order or rule rendered or adopted by the board; or (5) Violating any provision of this chapter. (b) The board shall deny any application for, or issue a letter of reprimand, or censure, suspend, revoke, or impose probationary conditions upon, the license or licensee as ordered by the board in any decision made after a hearing as provided in this chapter. (c) (1) No sooner than five (5) years after the date of revocation of a license under this section, an applicant may again apply for licensure. (2) The board may accept or reject an application for licensure under this section and may impose additional requirements. Amended by Act 2019, No. 315,§ 1654, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 119, eff. 7/24/2019. Amended by Act 2013, No. 219,§ 11, eff. 8/16/2013. Acts 1975, No. 277, § 15; A.S.A. 1947, § 72-1815.

(a) The Board of Examiners in Speech-Language Pathology and Audiology may refuse to issue or renew a license or may suspend or revoke a license when the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct may result from, but not necessarily be limited to: (1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts; (2) Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board; (3) (A) Being convicted of a felony listed under § 17-3-102 . (B) At the direction of the board, and after due notice and an administrative hearing in accordance with the provisions of applicable Arkansas laws, the license of the person so convicted shall be suspended or revoked or the board shall decline to issue a license when: (i) The time for appeal has elapsed; (ii) The judgment of conviction has been affirmed on appeal; or (iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment; (4) Violating any lawful order or rule rendered or adopted by the board; or (5) Violating any provision of this chapter.

(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;

(2) Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board;

(3) (A) Being convicted of a felony listed under § 17-3-102 . (B) At the direction of the board, and after due notice and an administrative hearing in accordance with the provisions of applicable Arkansas laws, the license of the person so convicted shall be suspended or revoked or the board shall decline to issue a license when: (i) The time for appeal has elapsed; (ii) The judgment of conviction has been affirmed on appeal; or (iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment;

(A) Being convicted of a felony listed under § 17-3-102 .

(B) At the direction of the board, and after due notice and an administrative hearing in accordance with the provisions of applicable Arkansas laws, the license of the person so convicted shall be suspended or revoked or the board shall decline to issue a license when: (i) The time for appeal has elapsed; (ii) The judgment of conviction has been affirmed on appeal; or (iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment;

(i) The time for appeal has elapsed;

(ii) The judgment of conviction has been affirmed on appeal; or

(iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment;

(4) Violating any lawful order or rule rendered or adopted by the board; or

(5) Violating any provision of this chapter.

(b) The board shall deny any application for, or issue a letter of reprimand, or censure, suspend, revoke, or impose probationary conditions upon, the license or licensee as ordered by the board in any decision made after a hearing as provided in this chapter.

(c) (1) No sooner than five (5) years after the date of revocation of a license under this section, an applicant may again apply for licensure. (2) The board may accept or reject an application for licensure under this section and may impose additional requirements.

(1) No sooner than five (5) years after the date of revocation of a license under this section, an applicant may again apply for licensure.

(2) The board may accept or reject an application for licensure under this section and may impose additional requirements.

Amended by Act 2019, No. 315,§ 1654, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 119, eff. 7/24/2019.

Amended by Act 2013, No. 219,§ 11, eff. 8/16/2013.

Acts 1975, No. 277, § 15; A.S.A. 1947, § 72-1815.
Ark. Code Ann. § 17-95-208 — AR Code / Title 17 / Chapter 95 / Subchapter 2 / Section 17-95-208
Rules on physician's authority to delegate
Status: in_force

(a) The Arkansas State Medical Board shall adopt rules that establish standards to be met and procedures to be followed by a physician with respect to the physician's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice. (b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating physician remains responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed physician, licensed nurse, licensed physician's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the physician's supervision. (c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board. (d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the delegating physician's offices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant. (e) The board shall not adopt rules that: (1) Authorize a physician to transfer to a health professional other than another physician the physician's responsibility for supervising a delegated medical practice; (2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual; (3) Authorize a physician to delegate the administration of anesthesia; or (4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice. Acts 2009, No. 472, § 2.

(a) The Arkansas State Medical Board shall adopt rules that establish standards to be met and procedures to be followed by a physician with respect to the physician's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice.

(b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating physician remains responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed physician, licensed nurse, licensed physician's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the physician's supervision.

(1) The delegating physician remains responsible for the acts of the employee performing the delegated practice;

(2) The employee performing the delegated practice shall not be represented to the public as a licensed physician, licensed nurse, licensed physician's assistant, or other licensed healthcare provider; and

(3) Medical practices delegated under this section shall be performed under the physician's supervision.

(c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board.

(d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the delegating physician's offices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant.

(1) The delegated administration of drugs only within the physical boundaries of the delegating physician's offices;

(2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved;

(3) Training and competency requirements that shall be met by the person administering the drugs; and

(4) Other standards and procedures the board considers relevant.

(e) The board shall not adopt rules that: (1) Authorize a physician to transfer to a health professional other than another physician the physician's responsibility for supervising a delegated medical practice; (2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual; (3) Authorize a physician to delegate the administration of anesthesia; or (4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

(1) Authorize a physician to transfer to a health professional other than another physician the physician's responsibility for supervising a delegated medical practice;

(2) Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual;

(3) Authorize a physician to delegate the administration of anesthesia; or

(4) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

Acts 2009, No. 472, § 2.
Ark. Code Ann. § 17-102-307 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-307
License renewal
Status: in_force

Each licensee shall be required to pay biennial license renewal fees and meet continuing education requirements as specified in this chapter. A licensee who fails to renew his or her license within one (1) year after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets the following requirements: (1) Meets all current standards of the Arkansas State Board of Acupuncture and Related Techniques; and (2) Takes and passes the examination and pays all fees associated therewith as if seeking a license for the first time. Acts 1997, No. 816, § 20.

Each licensee shall be required to pay biennial license renewal fees and meet continuing education requirements as specified in this chapter. A licensee who fails to renew his or her license within one (1) year after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets the following requirements:

(1) Meets all current standards of the Arkansas State Board of Acupuncture and Related Techniques; and

(2) Takes and passes the examination and pays all fees associated therewith as if seeking a license for the first time.

Acts 1997, No. 816, § 20.
Ark. Code Ann. § 17-49-202 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) (A) "Established place of business" means any permanent warehouse, building, or structure: (i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season; (ii) At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and (iii) Which is recognized, and licensed or taxed, as a permanent business at that place. (B) "Established place of business" shall not mean residences or premises or buildings appurtenant thereto, tents, temporary stands, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangements; (2) "Highway" means any thoroughfare defined by any statute or ordinance as a public highway or street; (3) "Highway patrol" means the Division of Arkansas State Police or any other duly authorized officers authorized to patrol the highways of the state, counties, or cities; (4) (A) "Itinerant merchant" means, except as otherwise provided in subdivision (4)(B) of this section, any person who sells or offers to sell in this state, at wholesale or retail, any personal property and transports it on any highway in this state by use of a motor vehicle. (B) "Itinerant merchant" shall not mean or include the following: (i) A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.); (ii) A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy products, grains, fruits, vegetables, livestock, poultry, or other agricultural products, produced or fed by him or her on a farm operated by him or her either within or without this state, or for the transportation of newspapers, magazines, or books; (iii) A person transporting property owned by him or her in a motor vehicle owned by him or her, whether operated by him or her or his or her agent, when such transportation is incident to a business conducted by him or her at an established place of business operated by him or her either within or without this state and when the property is being transported to or from the established place of business, or when the transportation pertains to the buying or selling from a vehicle operated by an established place of business as defined in subdivision (1) of this section, or when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale or trade thereof; (iv) A person transporting property owned by him or her in a truck, tank truck, or other vehicle owned or leased by him or her, his or her agent, or employee, whether operated by him or her, his or her agent, or employee, when the property is loaded, pumped, or otherwise placed upon or into the vehicle from or at a warehouse, distributing station, or other established place of business owned, leased, or operated by such person, his or her agent, or employee, whether within or without this state, for sale, distribution, or delivery in the conduct of the established business; (v) A person transporting property for his or her own consumption or use and not for sale, or to be processed by him or her; (vi) A person authorized to operate as a common or contract carrier of property by motor vehicle under Part II of the Interstate Commerce Act [repealed] or the laws of this state, when operating in such for-hire capacity; or (vii) A person using a motor vehicle whether operated by him or her or his or her agent for the transportation of dairy products, fruits, grains, vegetables, livestock, poultry, or other unprocessed agricultural products produced or fed within this state; (5) "Motor vehicle" means any automobile, automobile trucks, truck, or any other self-propelled vehicle not operated or driven upon fixed rails or track. The term shall include as one (1) vehicle a tractor-semi-trailer or tractor-trailer combination; (6) "Person" means a natural person, firm, partnership, association, corporation, trust, lessee, trustee, or receiver, as the context may require, regardless of the gender of the pronoun used in conjunction therewith; and (7) "Sale", "sell", "buy", or any grammatical forms thereof mean barter, trade, or exchange, in addition to the usual and ordinary meanings of such terms. This definition shall not be construed to diminish the meanings of these words but shall extend such meanings. Amended by Act 2019, No. 386,§ 29, eff. 7/24/2019. Acts 1941, No. 138, § 2; A.S.A. 1947, § 84-2402.

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

(1) (A) "Established place of business" means any permanent warehouse, building, or structure: (i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season; (ii) At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and (iii) Which is recognized, and licensed or taxed, as a permanent business at that place. (B) "Established place of business" shall not mean residences or premises or buildings appurtenant thereto, tents, temporary stands, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangements;

(A) "Established place of business" means any permanent warehouse, building, or structure: (i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season; (ii) At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and (iii) Which is recognized, and licensed or taxed, as a permanent business at that place.

(i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season;

(ii) At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and

(iii) Which is recognized, and licensed or taxed, as a permanent business at that place.

(B) "Established place of business" shall not mean residences or premises or buildings appurtenant thereto, tents, temporary stands, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangements;

(2) "Highway" means any thoroughfare defined by any statute or ordinance as a public highway or street;

(3) "Highway patrol" means the Division of Arkansas State Police or any other duly authorized officers authorized to patrol the highways of the state, counties, or cities;

(4) (A) "Itinerant merchant" means, except as otherwise provided in subdivision (4)(B) of this section, any person who sells or offers to sell in this state, at wholesale or retail, any personal property and transports it on any highway in this state by use of a motor vehicle. (B) "Itinerant merchant" shall not mean or include the following: (i) A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.); (ii) A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy products, grains, fruits, vegetables, livestock, poultry, or other agricultural products, produced or fed by him or her on a farm operated by him or her either within or without this state, or for the transportation of newspapers, magazines, or books; (iii) A person transporting property owned by him or her in a motor vehicle owned by him or her, whether operated by him or her or his or her agent, when such transportation is incident to a business conducted by him or her at an established place of business operated by him or her either within or without this state and when the property is being transported to or from the established place of business, or when the transportation pertains to the buying or selling from a vehicle operated by an established place of business as defined in subdivision (1) of this section, or when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale or trade thereof; (iv) A person transporting property owned by him or her in a truck, tank truck, or other vehicle owned or leased by him or her, his or her agent, or employee, whether operated by him or her, his or her agent, or employee, when the property is loaded, pumped, or otherwise placed upon or into the vehicle from or at a warehouse, distributing station, or other established place of business owned, leased, or operated by such person, his or her agent, or employee, whether within or without this state, for sale, distribution, or delivery in the conduct of the established business; (v) A person transporting property for his or her own consumption or use and not for sale, or to be processed by him or her; (vi) A person authorized to operate as a common or contract carrier of property by motor vehicle under Part II of the Interstate Commerce Act [repealed] or the laws of this state, when operating in such for-hire capacity; or (vii) A person using a motor vehicle whether operated by him or her or his or her agent for the transportation of dairy products, fruits, grains, vegetables, livestock, poultry, or other unprocessed agricultural products produced or fed within this state;

(A) "Itinerant merchant" means, except as otherwise provided in subdivision (4)(B) of this section, any person who sells or offers to sell in this state, at wholesale or retail, any personal property and transports it on any highway in this state by use of a motor vehicle.

(B) "Itinerant merchant" shall not mean or include the following: (i) A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.); (ii) A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy products, grains, fruits, vegetables, livestock, poultry, or other agricultural products, produced or fed by him or her on a farm operated by him or her either within or without this state, or for the transportation of newspapers, magazines, or books; (iii) A person transporting property owned by him or her in a motor vehicle owned by him or her, whether operated by him or her or his or her agent, when such transportation is incident to a business conducted by him or her at an established place of business operated by him or her either within or without this state and when the property is being transported to or from the established place of business, or when the transportation pertains to the buying or selling from a vehicle operated by an established place of business as defined in subdivision (1) of this section, or when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale or trade thereof; (iv) A person transporting property owned by him or her in a truck, tank truck, or other vehicle owned or leased by him or her, his or her agent, or employee, whether operated by him or her, his or her agent, or employee, when the property is loaded, pumped, or otherwise placed upon or into the vehicle from or at a warehouse, distributing station, or other established place of business owned, leased, or operated by such person, his or her agent, or employee, whether within or without this state, for sale, distribution, or delivery in the conduct of the established business; (v) A person transporting property for his or her own consumption or use and not for sale, or to be processed by him or her; (vi) A person authorized to operate as a common or contract carrier of property by motor vehicle under Part II of the Interstate Commerce Act [repealed] or the laws of this state, when operating in such for-hire capacity; or (vii) A person using a motor vehicle whether operated by him or her or his or her agent for the transportation of dairy products, fruits, grains, vegetables, livestock, poultry, or other unprocessed agricultural products produced or fed within this state;

(i) A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.);

(ii) A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy products, grains, fruits, vegetables, livestock, poultry, or other agricultural products, produced or fed by him or her on a farm operated by him or her either within or without this state, or for the transportation of newspapers, magazines, or books;

(iii) A person transporting property owned by him or her in a motor vehicle owned by him or her, whether operated by him or her or his or her agent, when such transportation is incident to a business conducted by him or her at an established place of business operated by him or her either within or without this state and when the property is being transported to or from the established place of business, or when the transportation pertains to the buying or selling from a vehicle operated by an established place of business as defined in subdivision (1) of this section, or when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale or trade thereof;

(iv) A person transporting property owned by him or her in a truck, tank truck, or other vehicle owned or leased by him or her, his or her agent, or employee, whether operated by him or her, his or her agent, or employee, when the property is loaded, pumped, or otherwise placed upon or into the vehicle from or at a warehouse, distributing station, or other established place of business owned, leased, or operated by such person, his or her agent, or employee, whether within or without this state, for sale, distribution, or delivery in the conduct of the established business;

(v) A person transporting property for his or her own consumption or use and not for sale, or to be processed by him or her;

(vi) A person authorized to operate as a common or contract carrier of property by motor vehicle under Part II of the Interstate Commerce Act [repealed] or the laws of this state, when operating in such for-hire capacity; or

(vii) A person using a motor vehicle whether operated by him or her or his or her agent for the transportation of dairy products, fruits, grains, vegetables, livestock, poultry, or other unprocessed agricultural products produced or fed within this state;

(5) "Motor vehicle" means any automobile, automobile trucks, truck, or any other self-propelled vehicle not operated or driven upon fixed rails or track. The term shall include as one (1) vehicle a tractor-semi-trailer or tractor-trailer combination;

(6) "Person" means a natural person, firm, partnership, association, corporation, trust, lessee, trustee, or receiver, as the context may require, regardless of the gender of the pronoun used in conjunction therewith; and

(7) "Sale", "sell", "buy", or any grammatical forms thereof mean barter, trade, or exchange, in addition to the usual and ordinary meanings of such terms. This definition shall not be construed to diminish the meanings of these words but shall extend such meanings.

Amended by Act 2019, No. 386,§ 29, eff. 7/24/2019.

Acts 1941, No. 138, § 2; A.S.A. 1947, § 84-2402.
Ark. Code Ann. § 17-87-316 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-316
Fees and disposition of fees related to Full Independent Practice Credentialing Committee
Status: in_force

(a) The Full Independent Practice Credentialing Committee shall establish fees relating to application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services as determined by the committee. (b) The committee may promulgate rules as necessary to administer the fees, rates, or charges for application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services. (c) (1) Revenue collected under § 17-87-314 shall be deposited into the State Treasury as cash funds to be known as the "Full Independent Practice Credentialing Committee Fund" to be used as set out in § 17-87-314 . (2) The cash fund established in this section shall be maintained and administered by the committee and shall be used for the payment of personal services, operating expenses, and for the payment of mileage and per diem of committee members for attendance at meetings, briefings, and hearings. Added by Act 2021, No. 769,§ 56, eff. 7/1/2021.

(a) The Full Independent Practice Credentialing Committee shall establish fees relating to application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services as determined by the committee.

(b) The committee may promulgate rules as necessary to administer the fees, rates, or charges for application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services.

(c) (1) Revenue collected under § 17-87-314 shall be deposited into the State Treasury as cash funds to be known as the "Full Independent Practice Credentialing Committee Fund" to be used as set out in § 17-87-314 . (2) The cash fund established in this section shall be maintained and administered by the committee and shall be used for the payment of personal services, operating expenses, and for the payment of mileage and per diem of committee members for attendance at meetings, briefings, and hearings.

(1) Revenue collected under § 17-87-314 shall be deposited into the State Treasury as cash funds to be known as the "Full Independent Practice Credentialing Committee Fund" to be used as set out in § 17-87-314 .

(2) The cash fund established in this section shall be maintained and administered by the committee and shall be used for the payment of personal services, operating expenses, and for the payment of mileage and per diem of committee members for attendance at meetings, briefings, and hearings.

Added by Act 2021, No. 769,§ 56, eff. 7/1/2021.
Ark. Code Ann. § 17-86-306 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-306
Massage therapy school
Status: in_force

(a) A person shall not establish, operate, or maintain a massage therapy school without first having obtained a certificate of massage therapy school licensure issued by the Department of Health. (b) A massage therapy school shall not be approved by the department or granted a certificate of licensure until the appropriate application and inspection forms as prescribed by the department have been completed and approved and the licensure fee has been paid. (c) (1) Inspection of the school premises shall be made by the department, to include without limitation proof of required forms completed and returned to the department with approval or recommendations. (2) Should the school facilities not pass the first inspection and, after recommendations, failures are corrected, a second inspection will be made within thirty (30) days to determine the school's eligibility. (d) (1) A school shall require a physical examination by a medical doctor documenting that the student poses no health risk to give and receive massage. (2) The school shall be required to maintain proof of the examination and furnish additional information and documents as may be required by the department or its appointee during the inspection. (e) The department may certify the school and provide for licensure thereof if the school follows a curriculum consisting of not fewer than five hundred (500) hours of in-classroom instruction over a term of not fewer than four (4) months consisting of the following subjects: (1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, and contraindications to massage therapy; (2) Two hundred twenty-five (225) hours of technique; (3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy; (4) Twenty-five (25) hours of hygiene and infection control; (5) Twenty-five (25) hours of massage therapy law, business management, and professional ethics; and (6) Twenty-five (25) hours of related subjects as approved by the department. (f) (1) The fee for establishing a school shall not exceed one thousand dollars ($1,000). (2) The initial inspection fee for each school shall not exceed one hundred dollars ($100). (3) The annual renewal and inspection fee for each school shall not exceed one hundred dollars ($100). (g) The curriculum established in subsection (e) of this section shall be followed for all massage therapy programs. (h) (1) The State Board of Health shall promulgate rules setting a standard educational curriculum for schools of massage. (2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of massage. Amended by Act 2015, No. 1020,§ 17, eff. 10/1/2015. Amended by Act 2015, No. 1156,§ 13, eff. 7/22/2015. Amended by Act 2015, No. 1020,§ 18, eff. 4/2/2015. Amended by Act 2013, No. 1445,§ 13, eff. 8/16/2013. Amended by Act 2013, No. 550,§ 1, eff. 8/16/2013. Acts 1981, No. 875, § 8; A.S.A. 1947, § 72-1208; Acts 1991, No. 1217, § 1; 1993, No. 714, § 9; 1997, No. 840, § 12; 1999, No. 1461, § 14; 2009, No. 1305, § 8.

(a) A person shall not establish, operate, or maintain a massage therapy school without first having obtained a certificate of massage therapy school licensure issued by the Department of Health.

(b) A massage therapy school shall not be approved by the department or granted a certificate of licensure until the appropriate application and inspection forms as prescribed by the department have been completed and approved and the licensure fee has been paid.

(c) (1) Inspection of the school premises shall be made by the department, to include without limitation proof of required forms completed and returned to the department with approval or recommendations. (2) Should the school facilities not pass the first inspection and, after recommendations, failures are corrected, a second inspection will be made within thirty (30) days to determine the school's eligibility.

(1) Inspection of the school premises shall be made by the department, to include without limitation proof of required forms completed and returned to the department with approval or recommendations.

(2) Should the school facilities not pass the first inspection and, after recommendations, failures are corrected, a second inspection will be made within thirty (30) days to determine the school's eligibility.

(d) (1) A school shall require a physical examination by a medical doctor documenting that the student poses no health risk to give and receive massage. (2) The school shall be required to maintain proof of the examination and furnish additional information and documents as may be required by the department or its appointee during the inspection.

(1) A school shall require a physical examination by a medical doctor documenting that the student poses no health risk to give and receive massage.

(2) The school shall be required to maintain proof of the examination and furnish additional information and documents as may be required by the department or its appointee during the inspection.

(e) The department may certify the school and provide for licensure thereof if the school follows a curriculum consisting of not fewer than five hundred (500) hours of in-classroom instruction over a term of not fewer than four (4) months consisting of the following subjects: (1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, and contraindications to massage therapy; (2) Two hundred twenty-five (225) hours of technique; (3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy; (4) Twenty-five (25) hours of hygiene and infection control; (5) Twenty-five (25) hours of massage therapy law, business management, and professional ethics; and (6) Twenty-five (25) hours of related subjects as approved by the department.

(1) One hundred seventy-five (175) hours of anatomy, physiology, pathology, and contraindications to massage therapy;

(2) Two hundred twenty-five (225) hours of technique;

(3) Twenty-five (25) hours of hydrotherapy, electrotherapy, and heliotherapy;

(4) Twenty-five (25) hours of hygiene and infection control;

(5) Twenty-five (25) hours of massage therapy law, business management, and professional ethics; and

(6) Twenty-five (25) hours of related subjects as approved by the department.

(f) (1) The fee for establishing a school shall not exceed one thousand dollars ($1,000). (2) The initial inspection fee for each school shall not exceed one hundred dollars ($100). (3) The annual renewal and inspection fee for each school shall not exceed one hundred dollars ($100).

(1) The fee for establishing a school shall not exceed one thousand dollars ($1,000).

(2) The initial inspection fee for each school shall not exceed one hundred dollars ($100).

(3) The annual renewal and inspection fee for each school shall not exceed one hundred dollars ($100).

(g) The curriculum established in subsection (e) of this section shall be followed for all massage therapy programs.

(h) (1) The State Board of Health shall promulgate rules setting a standard educational curriculum for schools of massage. (2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of massage.

(1) The State Board of Health shall promulgate rules setting a standard educational curriculum for schools of massage.

(2) The standard educational curriculum shall distinguish between secondary and postsecondary educational requirements for the schools of massage.

Amended by Act 2015, No. 1020,§ 17, eff. 10/1/2015.

Amended by Act 2015, No. 1156,§ 13, eff. 7/22/2015.

Amended by Act 2015, No. 1020,§ 18, eff. 4/2/2015.

Amended by Act 2013, No. 1445,§ 13, eff. 8/16/2013.

Amended by Act 2013, No. 550,§ 1, eff. 8/16/2013.

Acts 1981, No. 875, § 8; A.S.A. 1947, § 72-1208; Acts 1991, No. 1217, § 1; 1993, No. 714, § 9; 1997, No. 840, § 12; 1999, No. 1461, § 14; 2009, No. 1305, § 8.
Ark. Code Ann. § 17-104-304 — AR Code / Title 17 / Chapter 104 / Subchapter 3 / Section 17-104-304
License qualification
Status: in_force

(a) A license for a provisional licensed perfusionist may be issued to a person who has successfully completed an approved perfusion education program and filed an application, paid the application fee, and submitted evidence satisfactory to the Department of Health of the successful completion of the education requirements set forth in this chapter. (b) A provisional licensed perfusionist shall be under the supervision and direction of a licensed perfusionist at all times. Rules governing the supervision and direction of the provisionally licensed perfusionist shall not require the immediate physical presence of the supervising licensed perfusionist. (c) A provisional perfusionist license is valid for one (1) year from the date issued and may be renewed by the same procedures established for renewal for a licensed perfusionist. (d) Upon notification by the department that a person has failed any portion of the licensure examination, the person shall surrender the provisional perfusionist license to the department. Amended by Act 2019, No. 315,§ 1669, eff. 7/24/2019. Acts 1999, No. 888, § 11.

(a) A license for a provisional licensed perfusionist may be issued to a person who has successfully completed an approved perfusion education program and filed an application, paid the application fee, and submitted evidence satisfactory to the Department of Health of the successful completion of the education requirements set forth in this chapter.

(b) A provisional licensed perfusionist shall be under the supervision and direction of a licensed perfusionist at all times. Rules governing the supervision and direction of the provisionally licensed perfusionist shall not require the immediate physical presence of the supervising licensed perfusionist.

(c) A provisional perfusionist license is valid for one (1) year from the date issued and may be renewed by the same procedures established for renewal for a licensed perfusionist.

(d) Upon notification by the department that a person has failed any portion of the licensure examination, the person shall surrender the provisional perfusionist license to the department.

Amended by Act 2019, No. 315,§ 1669, eff. 7/24/2019.

Acts 1999, No. 888, § 11.
Ark. Code Ann. § 17-26-210 — AR Code / Title 17 / Chapter 26 / Subchapter 2 / Section 17-26-210
Disposition of funds
Status: in_force

(a) All fees, fines, and penalties collected under this chapter and on behalf of the State Board of Health and all receipts of every kind and nature collected under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund. (b) (1) The fees, fines, penalties, and receipts shall be for the general uses of the Department of Health. (2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the fees, fines, penalties, and receipts. (c) Expenditures shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand therefor is made by the Department of Finance and Administration. Acts 1955, No. 358, Art. 12, § 5; 1961, No. 490, § 9; 1970 (1st Ex. Sess.), No. 83, § 1; 1981, No. 611, § 1; 1981 (1st Ex. Sess.), No. 8, § 1; A.S.A. 1947, §§ 71-879, 71-879.1; Acts 1991, No. 1228, § 1; 2003, No. 69, § 7; 2009, No. 4, § 3.

(a) All fees, fines, and penalties collected under this chapter and on behalf of the State Board of Health and all receipts of every kind and nature collected under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund.

(b) (1) The fees, fines, penalties, and receipts shall be for the general uses of the Department of Health. (2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the fees, fines, penalties, and receipts.

(1) The fees, fines, penalties, and receipts shall be for the general uses of the Department of Health.

(2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the fees, fines, penalties, and receipts.

(c) Expenditures shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand therefor is made by the Department of Finance and Administration.

Acts 1955, No. 358, Art. 12, § 5; 1961, No. 490, § 9; 1970 (1st Ex. Sess.), No. 83, § 1; 1981, No. 611, § 1; 1981 (1st Ex. Sess.), No. 8, § 1; A.S.A. 1947, §§ 71-879, 71-879.1; Acts 1991, No. 1228, § 1; 2003, No. 69, § 7; 2009, No. 4, § 3.
Ark. Code Ann. § 17-80-116 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-116
Criminal background checks
Status: in_force

(a) Any healthcare professional with prescriptive authority may request information on a person through the Arkansas Crime Information Center before writing or issuing a prescription to the person for a drug to treat erectile dysfunction. (b) (1) A healthcare professional is not liable for negligence for failing to request information under subsection (a) of this section before writing or issuing a prescription to a person for a drug to treat erectile dysfunction. (2) Evidence of the failure of a healthcare professional to request information under subsection (a) of this section is not admissible as evidence of negligence in any court or administrative proceeding. Acts 2006 (1st Ex. Sess.), No. 4, § 9.

(a) Any healthcare professional with prescriptive authority may request information on a person through the Arkansas Crime Information Center before writing or issuing a prescription to the person for a drug to treat erectile dysfunction.

(b) (1) A healthcare professional is not liable for negligence for failing to request information under subsection (a) of this section before writing or issuing a prescription to a person for a drug to treat erectile dysfunction. (2) Evidence of the failure of a healthcare professional to request information under subsection (a) of this section is not admissible as evidence of negligence in any court or administrative proceeding.

(1) A healthcare professional is not liable for negligence for failing to request information under subsection (a) of this section before writing or issuing a prescription to a person for a drug to treat erectile dysfunction.

(2) Evidence of the failure of a healthcare professional to request information under subsection (a) of this section is not admissible as evidence of negligence in any court or administrative proceeding.

Acts 2006 (1st Ex. Sess.), No. 4, § 9.
Ark. Code Ann. § 17-29-206 — AR Code / Title 17 / Chapter 29 / Subchapter 2 / Section 17-29-206
[Repealed]
Status: repealed

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

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

Acts 1983, No. 325, § 3; A.S.A. 1947, § 71-903.
Ark. Code Ann. § 17-87-104 — AR Code / Title 17 / Chapter 87 / Subchapter 1 / Section 17-87-104
Penalty
Status: in_force

(a) (1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record, or aid or abet therein; (B) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing as defined by this chapter unless licensed by the Arkansas State Board of Nursing to do so; (D) Use in connection with his or her name any of the following titles, names, or initials, if the user is not properly licensed under this chapter: (i) Nurse; (ii) Registered nurse or R.N.; (iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.; (iv) Registered nurse practitioner, N.P., or R.N.P.; (v) Licensed practical nurse, practical nurse, or L.P.N.; (vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or (vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter; (E) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing during the time his or her license shall be suspended; (F) Conduct a nursing education program for the preparation of professional nurses, advanced practice registered nurses, nurse practitioners, practical nurses, or psychiatric technician nurses unless the program has been approved by the board; (G) Prescribe any drug or medicine as authorized by this chapter unless certified by the board as having prescriptive authority, except that a certified registered nurse anesthetist shall not be required to have prescriptive authority to provide anesthesia care, including the administration of drugs or medicines necessary for the care; or (H) Otherwise violate any provisions of this chapter. (2) Such misdemeanor shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Each subsequent offense shall be punishable by fine or by imprisonment of not more than thirty (30) days, or by both fine and imprisonment. (b) (1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals or entities found to be in violation of this chapter or rules promulgated thereunder. (2) Each day of violation shall be a separate offense. (3) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter. (4) Unless the penalty assessed under this subsection is paid within fifteen (15) calendar 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 a judgment for the amount of penalty not paid. Amended by Act 2019, No. 315,§ 1540, eff. 7/24/2019. Amended by Act 2013, No. 604,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 5, eff. 8/16/2013. Acts 1971, No. 432, § 18; 1980 (1st Ex. Sess.), No. 14, § 4; A.S.A. 1947, § 72-762; Acts 1995, No. 409, § 4.

(a) (1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record, or aid or abet therein; (B) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing as defined by this chapter unless licensed by the Arkansas State Board of Nursing to do so; (D) Use in connection with his or her name any of the following titles, names, or initials, if the user is not properly licensed under this chapter: (i) Nurse; (ii) Registered nurse or R.N.; (iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.; (iv) Registered nurse practitioner, N.P., or R.N.P.; (v) Licensed practical nurse, practical nurse, or L.P.N.; (vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or (vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter; (E) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing during the time his or her license shall be suspended; (F) Conduct a nursing education program for the preparation of professional nurses, advanced practice registered nurses, nurse practitioners, practical nurses, or psychiatric technician nurses unless the program has been approved by the board; (G) Prescribe any drug or medicine as authorized by this chapter unless certified by the board as having prescriptive authority, except that a certified registered nurse anesthetist shall not be required to have prescriptive authority to provide anesthesia care, including the administration of drugs or medicines necessary for the care; or (H) Otherwise violate any provisions of this chapter. (2) Such misdemeanor shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Each subsequent offense shall be punishable by fine or by imprisonment of not more than thirty (30) days, or by both fine and imprisonment.

(1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record, or aid or abet therein; (B) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing as defined by this chapter unless licensed by the Arkansas State Board of Nursing to do so; (D) Use in connection with his or her name any of the following titles, names, or initials, if the user is not properly licensed under this chapter: (i) Nurse; (ii) Registered nurse or R.N.; (iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.; (iv) Registered nurse practitioner, N.P., or R.N.P.; (v) Licensed practical nurse, practical nurse, or L.P.N.; (vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or (vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter; (E) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing during the time his or her license shall be suspended; (F) Conduct a nursing education program for the preparation of professional nurses, advanced practice registered nurses, nurse practitioners, practical nurses, or psychiatric technician nurses unless the program has been approved by the board; (G) Prescribe any drug or medicine as authorized by this chapter unless certified by the board as having prescriptive authority, except that a certified registered nurse anesthetist shall not be required to have prescriptive authority to provide anesthesia care, including the administration of drugs or medicines necessary for the care; or (H) Otherwise violate any provisions of this chapter.

(A) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record, or aid or abet therein;

(B) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(C) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing as defined by this chapter unless licensed by the Arkansas State Board of Nursing to do so;

(D) Use in connection with his or her name any of the following titles, names, or initials, if the user is not properly licensed under this chapter: (i) Nurse; (ii) Registered nurse or R.N.; (iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.; (iv) Registered nurse practitioner, N.P., or R.N.P.; (v) Licensed practical nurse, practical nurse, or L.P.N.; (vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or (vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter;

(i) Nurse;

(ii) Registered nurse or R.N.;

(iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.;

(a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.;

(b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.;

(c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or

(d) Clinical nurse specialist or C.N.S.;

(iv) Registered nurse practitioner, N.P., or R.N.P.;

(v) Licensed practical nurse, practical nurse, or L.P.N.;

(vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or

(vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter;

(E) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing during the time his or her license shall be suspended;

(F) Conduct a nursing education program for the preparation of professional nurses, advanced practice registered nurses, nurse practitioners, practical nurses, or psychiatric technician nurses unless the program has been approved by the board;

(G) Prescribe any drug or medicine as authorized by this chapter unless certified by the board as having prescriptive authority, except that a certified registered nurse anesthetist shall not be required to have prescriptive authority to provide anesthesia care, including the administration of drugs or medicines necessary for the care; or

(H) Otherwise violate any provisions of this chapter.

(2) Such misdemeanor shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Each subsequent offense shall be punishable by fine or by imprisonment of not more than thirty (30) days, or by both fine and imprisonment.

(b) (1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals or entities found to be in violation of this chapter or rules promulgated thereunder. (2) Each day of violation shall be a separate offense. (3) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter. (4) Unless the penalty assessed under this subsection is paid within fifteen (15) calendar 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 a judgment for the amount of penalty not paid.

(1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals or entities found to be in violation of this chapter or rules promulgated thereunder.

(2) Each day of violation shall be a separate offense.

(3) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter.

(4) Unless the penalty assessed under this subsection is paid within fifteen (15) calendar 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 a judgment for the amount of penalty not paid.

Amended by Act 2019, No. 315,§ 1540, eff. 7/24/2019.

Amended by Act 2013, No. 604,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 604,§ 5, eff. 8/16/2013.

Acts 1971, No. 432, § 18; 1980 (1st Ex. Sess.), No. 14, § 4; A.S.A. 1947, § 72-762; Acts 1995, No. 409, § 4.
Ark. Code Ann. § 17-90-401 — AR Code / Title 17 / Chapter 90 / Subchapter 4 / Section 17-90-401
State Board of Optometry - Powers and duties
Status: in_force

The State Board of Optometry shall have the following rights and responsibilities: (1) To enforce, amend, or repeal the rules promulgated by the board; (2) (A) To approve those optometrists who shall be authorized to possess, administer, and prescribe those drugs approved by this subchapter. (B) (i) No optometrist shall be so approved until he or she has: (a) Exhibited his or her qualifications by passing an examination prepared or approved by the board; and (b) Served an internship program established by the board, supervised and certified by a board-certified ophthalmologist, which internship includes at least one hundred (100) hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa. (ii) (a) The examination shall include, but not be limited to, written questions designed to test knowledge of the proper use and characteristics of the drugs approved by the board. (b) The examination shall be offered not less often than annually; (3) To promulgate educational standards, which shall be used as prerequisites to authorization to use those drugs approved in this subchapter. Educational standards shall cover only the area of the proper use and characteristics of the drugs approved by the board and emergency first aid techniques; (4) To approve, consistent with the rules promulgated by the board, those acts, services, procedures, and practices which may be performed by a licensed optometrist and, before authorization, by appropriate examination, establish the competence of every optometrist to perform the approved acts, services, procedures, and practices; (5) (A) To prohibit any optometrist who is a graduate of a school or college of optometry as of July 20, 1987, who has not already successfully completed a postgraduate course of study of transcript quality in ocular therapy and pharmacology from an accredited school or college of optometry, which complies with all the prerequisites and requirements of the board and this subchapter, from being approved to perform any of the additional acts, services, procedures, and practices which are specifically authorized in § 17-90-101(a) and § 17-90-403 until he or she has successfully complied with all the prerequisites and requirements of the board and this subchapter. (B) The express purpose of this subdivision (5) is to prohibit the "grandfathering" of currently licensed optometrists unless and until they have completed the prerequisites and requirements of the board and this subchapter established by this subdivision (5). Nothing in this subdivision (5) shall be construed to prohibit any optometrist currently licensed from continuing to practice optometry and be relicensed, but until he or she has met the requirements of this subchapter and the rules of the board, he or she shall not be allowed to utilize the additional treatments provided for in this subchapter; (6) To promulgate rules governing the prescribing, administering, and use of all drugs authorized in this chapter by all licensed and board-certified primary care optometrists in the diagnosis, treatment, or management only of conditions of the human eye, lid, adnexa, or visual system; and (7) To promulgate rules which authorize board-certified primary care optometrists to order any procedure or laboratory test necessary in the examination, diagnosis, treatment, or management of diseases or conditions of the human eye, lid, adnexa, or visual system. Amended by Act 2019, No. 315,§ 1566, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1565, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1564, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1563, eff. 7/24/2019. Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1; 1997, No. 176, § 2; 1997, No. 186, § 2.

The State Board of Optometry shall have the following rights and responsibilities:

(1) To enforce, amend, or repeal the rules promulgated by the board;

(2) (A) To approve those optometrists who shall be authorized to possess, administer, and prescribe those drugs approved by this subchapter. (B) (i) No optometrist shall be so approved until he or she has: (a) Exhibited his or her qualifications by passing an examination prepared or approved by the board; and (b) Served an internship program established by the board, supervised and certified by a board-certified ophthalmologist, which internship includes at least one hundred (100) hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa. (ii) (a) The examination shall include, but not be limited to, written questions designed to test knowledge of the proper use and characteristics of the drugs approved by the board. (b) The examination shall be offered not less often than annually;

(A) To approve those optometrists who shall be authorized to possess, administer, and prescribe those drugs approved by this subchapter.

(B) (i) No optometrist shall be so approved until he or she has: (a) Exhibited his or her qualifications by passing an examination prepared or approved by the board; and (b) Served an internship program established by the board, supervised and certified by a board-certified ophthalmologist, which internship includes at least one hundred (100) hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa. (ii) (a) The examination shall include, but not be limited to, written questions designed to test knowledge of the proper use and characteristics of the drugs approved by the board. (b) The examination shall be offered not less often than annually;

(i) No optometrist shall be so approved until he or she has: (a) Exhibited his or her qualifications by passing an examination prepared or approved by the board; and (b) Served an internship program established by the board, supervised and certified by a board-certified ophthalmologist, which internship includes at least one hundred (100) hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa.

(a) Exhibited his or her qualifications by passing an examination prepared or approved by the board; and

(b) Served an internship program established by the board, supervised and certified by a board-certified ophthalmologist, which internship includes at least one hundred (100) hours of supervised clinical training in the examination, diagnosis, and treatment of conditions of the human eye and adnexa.

(ii) (a) The examination shall include, but not be limited to, written questions designed to test knowledge of the proper use and characteristics of the drugs approved by the board. (b) The examination shall be offered not less often than annually;

(a) The examination shall include, but not be limited to, written questions designed to test knowledge of the proper use and characteristics of the drugs approved by the board.

(b) The examination shall be offered not less often than annually;

(3) To promulgate educational standards, which shall be used as prerequisites to authorization to use those drugs approved in this subchapter. Educational standards shall cover only the area of the proper use and characteristics of the drugs approved by the board and emergency first aid techniques;

(4) To approve, consistent with the rules promulgated by the board, those acts, services, procedures, and practices which may be performed by a licensed optometrist and, before authorization, by appropriate examination, establish the competence of every optometrist to perform the approved acts, services, procedures, and practices;

(5) (A) To prohibit any optometrist who is a graduate of a school or college of optometry as of July 20, 1987, who has not already successfully completed a postgraduate course of study of transcript quality in ocular therapy and pharmacology from an accredited school or college of optometry, which complies with all the prerequisites and requirements of the board and this subchapter, from being approved to perform any of the additional acts, services, procedures, and practices which are specifically authorized in § 17-90-101(a) and § 17-90-403 until he or she has successfully complied with all the prerequisites and requirements of the board and this subchapter. (B) The express purpose of this subdivision (5) is to prohibit the "grandfathering" of currently licensed optometrists unless and until they have completed the prerequisites and requirements of the board and this subchapter established by this subdivision (5). Nothing in this subdivision (5) shall be construed to prohibit any optometrist currently licensed from continuing to practice optometry and be relicensed, but until he or she has met the requirements of this subchapter and the rules of the board, he or she shall not be allowed to utilize the additional treatments provided for in this subchapter;

(A) To prohibit any optometrist who is a graduate of a school or college of optometry as of July 20, 1987, who has not already successfully completed a postgraduate course of study of transcript quality in ocular therapy and pharmacology from an accredited school or college of optometry, which complies with all the prerequisites and requirements of the board and this subchapter, from being approved to perform any of the additional acts, services, procedures, and practices which are specifically authorized in § 17-90-101(a) and § 17-90-403 until he or she has successfully complied with all the prerequisites and requirements of the board and this subchapter.

(B) The express purpose of this subdivision (5) is to prohibit the "grandfathering" of currently licensed optometrists unless and until they have completed the prerequisites and requirements of the board and this subchapter established by this subdivision (5). Nothing in this subdivision (5) shall be construed to prohibit any optometrist currently licensed from continuing to practice optometry and be relicensed, but until he or she has met the requirements of this subchapter and the rules of the board, he or she shall not be allowed to utilize the additional treatments provided for in this subchapter;

(6) To promulgate rules governing the prescribing, administering, and use of all drugs authorized in this chapter by all licensed and board-certified primary care optometrists in the diagnosis, treatment, or management only of conditions of the human eye, lid, adnexa, or visual system; and

(7) To promulgate rules which authorize board-certified primary care optometrists to order any procedure or laboratory test necessary in the examination, diagnosis, treatment, or management of diseases or conditions of the human eye, lid, adnexa, or visual system.

Amended by Act 2019, No. 315,§ 1566, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1565, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1564, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1563, eff. 7/24/2019.

Acts 1941, No. 94, § 1; 1979, No. 710, § 1; 1981, No. 836, § 1; 1985, No. 875, § 1; A.S.A. 1947, § 72-801; Acts 1987, No. 101, § 1; 1997, No. 176, § 2; 1997, No. 186, § 2.
Ark. Code Ann. § 17-95-911 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-911
Disciplinary authority
Status: in_force

Upon finding that a graduate registered physician has committed an offense described in § 17-95-910 , the Arkansas State Medical Board may: (1) Refuse to grant a license; (2) Administer a public or private reprimand; (3) Revoke, suspend, limit, or otherwise restrict a license; (4) Require a graduate registered physician to submit to the care, counseling, or treatment of a physician or physicians designated by the board; (5) Suspend enforcement of its finding and place the graduate registered physician on probation with right to vacate the probationary order for noncompliance; or (6) Restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure that may have been imposed previously. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

Upon finding that a graduate registered physician has committed an offense described in § 17-95-910 , the Arkansas State Medical Board may:

(1) Refuse to grant a license;

(2) Administer a public or private reprimand;

(3) Revoke, suspend, limit, or otherwise restrict a license;

(4) Require a graduate registered physician to submit to the care, counseling, or treatment of a physician or physicians designated by the board;

(5) Suspend enforcement of its finding and place the graduate registered physician on probation with right to vacate the probationary order for noncompliance; or

(6) Restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure that may have been imposed previously.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-37-209 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-209
Eligibility for reexamination
Status: in_force

Any applicant who fails to pass the written examination in any classification must wait at least three (3) months before being eligible to take another examination in the same classification. Acts 1975, No. 488, § 4; 1985, No. 1036, § 1; A.S.A. 1947, § 77-1804.

Any applicant who fails to pass the written examination in any classification must wait at least three (3) months before being eligible to take another examination in the same classification.

Acts 1975, No. 488, § 4; 1985, No. 1036, § 1; A.S.A. 1947, § 77-1804.
Ark. Code Ann. § 17-48-206 — AR Code / Title 17 / Chapter 48 / Subchapter 2 / Section 17-48-206
Continuing education requirements
Status: in_force

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional surveyors and surveyor interns. (2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements. (3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of surveying; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional surveyor sixty (60) years of age or older with twenty (20) or more years of experience as a practicing professional surveyor; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of surveying. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional surveying organizations and related professions. (b) (1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period. (2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of surveying during the previous renewal period. (3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-48-204(c) if the applicant follows a particular program or schedule of continuing education prescribed by the board. Acts 1987, No. 1070, § 1; 2005, No. 1178, § 15; 2009, No. 444, § 7; 2011, No. 898, § 5.

(a) (1) The State Board of Licensure for Professional Engineers and Professional Surveyors shall issue rules establishing the continuing education requirements for professional surveyors and surveyor interns. (2) The rules shall take into account the accessibility to applicants of the board's continuing education requirements. (3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of surveying; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional surveyor sixty (60) years of age or older with twenty (20) or more years of experience as a practicing professional surveyor; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of surveying. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional surveying organizations and related professions.

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

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

(3) The rules may: (A) Rely upon guidelines and pronouncements of recognized educational and professional associations; (B) Prescribe the content, duration, and organization of courses; (C) Provide for the relaxation or suspension of requirements for: (i) Applicants who certify that they do not intend to engage in the practice of surveying; and (ii) Instances of individual hardship; (D) Exempt from licensed continuing education requirements a professional surveyor sixty (60) years of age or older with twenty (20) or more years of experience as a practicing professional surveyor; and (E) (i) Prescribe the manner and condition under which credit shall be given for participation in a program of continuing education that the board considers necessary and appropriate to maintain competency in the practice of surveying. (ii) Examples of programs of continuing education that are acceptable include without limitation programs or seminars sponsored by higher educational institutions, government agencies, and professional surveying organizations and related professions.

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

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

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

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

(ii) Instances of individual hardship;

(D) Exempt from licensed continuing education requirements a professional surveyor sixty (60) years of age or older with twenty (20) or more years of experience as a practicing professional surveyor; and

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

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

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

(b) (1) An application for renewal of a certificate of licensure shall be accompanied by evidence documenting the completion of acceptable continuing education credit during the previous renewal period. (2) Failure by an applicant to provide this evidence upon request by the board is grounds for disciplinary action unless the board determines the failure is due to a reasonable cause or the applicant was not engaged in the practice of surveying during the previous renewal period. (3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-48-204(c) if the applicant follows a particular program or schedule of continuing education prescribed by the board.

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

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

(3) The board may renew a certificate of licensure despite an applicant's failure to furnish satisfactory evidence of meeting continuing education requirements and may issue a certificate of licensure to an applicant who has previously maintained inactive status under § 17-48-204(c) if the applicant follows a particular program or schedule of continuing education prescribed by the board.

Acts 1987, No. 1070, § 1; 2005, No. 1178, § 15; 2009, No. 444, § 7; 2011, No. 898, § 5.
Ark. Code Ann. § 17-33-304 — AR Code / Title 17 / Chapter 33 / Subchapter 3 / Section 17-33-304
Display of license number
Status: in_force

Every individual licensed under this chapter shall display his or her HVACR license number on all his or her business vehicles and in all forms of advertising in a manner prescribed by the rules promulgated by the HVACR Licensing Board. Amended by Act 2019, No. 315,§ 1421, eff. 7/24/2019. Acts 1991, No. 277, § 15.

Every individual licensed under this chapter shall display his or her HVACR license number on all his or her business vehicles and in all forms of advertising in a manner prescribed by the rules promulgated by the HVACR Licensing Board.

Amended by Act 2019, No. 315,§ 1421, eff. 7/24/2019.

Acts 1991, No. 277, § 15.
Ark. Code Ann. § 17-45-104 — AR Code / Title 17 / Chapter 45 / Section 17-45-104
Customer receipt
Status: in_force

Any owner or employee of a business licensed under this chapter, upon performing any work for which the business receives compensation, shall place his or her name and the number of the license issued to the business pursuant to this chapter on the customer's receipt. Acts 1973, No. 71, § 2; A.S.A. 1947, § 71-2502.

Any owner or employee of a business licensed under this chapter, upon performing any work for which the business receives compensation, shall place his or her name and the number of the license issued to the business pursuant to this chapter on the customer's receipt.

Acts 1973, No. 71, § 2; A.S.A. 1947, § 71-2502.
Ark. Code Ann. § 17-92-310 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-310
Failure to renew
Status: in_force

(a) (1) (A) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall expire on December 31 of the first odd-numbered year following the date of issuance. (B) All preceptor permits shall expire on December 31 of the first odd-numbered year following the date of issuance. (C) (i) (a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance. (b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license. (ii) (a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation. (b) An intern license issued to a student intern shall expire six (6) months following graduation. (c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement. (d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license. (D) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, List I chemical permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivisions (a)(1)(A)-(C) of this section shall expire on December 31 of the first even-numbered year following the date of the issuance of the permit, license, registration, or certificate. (2) Every license, permit, registration, and certificate not renewed within ninety (90) days after expiration thereof shall be void. (b) The penalty for late payment of renewal for pharmacists, pharmacies, wholesaler/manufacturer of legend drugs and controlled substances, hospital, and institutional permits shall be as listed in § 17-92-108 , and if renewal remains unpaid by April 1 of the year, the license shall be void. (c) If a pharmacist's license is not renewed by April 1, the fee for reinstatement shall be as stated in § 17-92-108 . (d) If a pharmacist's license has not been renewed for more than two (2) years, the board shall evaluate the former pharmacist to determine his or her continued ability to practice pharmacy safely with regard to the public health and safety, and the board shall establish conditions for the safe reentry into practice of the profession. Amended by Act 2021, No. 63,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 63,§ 3, eff. 7/28/2021. Amended by Act 2015, No. 542,§ 5, eff. 7/22/2015. Acts 1955, No. 57, § 4; 1965, No. 480, § 1; 1975, No. 597, § 1; 1979, No. 751, § 1; 1985, No. 616, § 3; A.S.A. 1947, §§ 72-1010.1, 72-1042; Acts 1991, No. 740, § 11; 1997, No. 1029, § 4; 2005, No. 388, § 3; 2011, No. 597, § 2.

(a) (1) (A) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall expire on December 31 of the first odd-numbered year following the date of issuance. (B) All preceptor permits shall expire on December 31 of the first odd-numbered year following the date of issuance. (C) (i) (a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance. (b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license. (ii) (a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation. (b) An intern license issued to a student intern shall expire six (6) months following graduation. (c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement. (d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license. (D) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, List I chemical permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivisions (a)(1)(A)-(C) of this section shall expire on December 31 of the first even-numbered year following the date of the issuance of the permit, license, registration, or certificate. (2) Every license, permit, registration, and certificate not renewed within ninety (90) days after expiration thereof shall be void.

(1) (A) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall expire on December 31 of the first odd-numbered year following the date of issuance. (B) All preceptor permits shall expire on December 31 of the first odd-numbered year following the date of issuance. (C) (i) (a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance. (b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license. (ii) (a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation. (b) An intern license issued to a student intern shall expire six (6) months following graduation. (c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement. (d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license. (D) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, List I chemical permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivisions (a)(1)(A)-(C) of this section shall expire on December 31 of the first even-numbered year following the date of the issuance of the permit, license, registration, or certificate.

(A) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall expire on December 31 of the first odd-numbered year following the date of issuance.

(B) All preceptor permits shall expire on December 31 of the first odd-numbered year following the date of issuance.

(C) (i) (a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance. (b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license. (ii) (a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation. (b) An intern license issued to a student intern shall expire six (6) months following graduation. (c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement. (d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license.

(i) (a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance. (b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license.

(a) Intern licenses issued to foreign graduates shall expire on December 31 of the second calendar year following the date of issuance.

(b) However, an intern license issued to a foreign graduate shall expire when the intern is issued a pharmacist license.

(ii) (a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation. (b) An intern license issued to a student intern shall expire six (6) months following graduation. (c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement. (d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license.

(a) An intern license issued to a student intern shall remain valid as long as the intern maintains active student status in a college of pharmacy approved by the Arkansas State Board of Pharmacy and for six (6) months following graduation.

(b) An intern license issued to a student intern shall expire six (6) months following graduation.

(c) An intern license issued to a student intern may be reinstated if the intern resumes active student status in a board-approved college of pharmacy and applies for reinstatement.

(d) An intern license issued to a student intern shall expire when the intern is issued a pharmacist license.

(D) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, List I chemical permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivisions (a)(1)(A)-(C) of this section shall expire on December 31 of the first even-numbered year following the date of the issuance of the permit, license, registration, or certificate.

(2) Every license, permit, registration, and certificate not renewed within ninety (90) days after expiration thereof shall be void.

(b) The penalty for late payment of renewal for pharmacists, pharmacies, wholesaler/manufacturer of legend drugs and controlled substances, hospital, and institutional permits shall be as listed in § 17-92-108 , and if renewal remains unpaid by April 1 of the year, the license shall be void.

(c) If a pharmacist's license is not renewed by April 1, the fee for reinstatement shall be as stated in § 17-92-108 .

(d) If a pharmacist's license has not been renewed for more than two (2) years, the board shall evaluate the former pharmacist to determine his or her continued ability to practice pharmacy safely with regard to the public health and safety, and the board shall establish conditions for the safe reentry into practice of the profession.

Amended by Act 2021, No. 63,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 63,§ 3, eff. 7/28/2021.

Amended by Act 2015, No. 542,§ 5, eff. 7/22/2015.

Acts 1955, No. 57, § 4; 1965, No. 480, § 1; 1975, No. 597, § 1; 1979, No. 751, § 1; 1985, No. 616, § 3; A.S.A. 1947, §§ 72-1010.1, 72-1042; Acts 1991, No. 740, § 11; 1997, No. 1029, § 4; 2005, No. 388, § 3; 2011, No. 597, § 2.
Ark. Code Ann. § 17-51-105 — AR Code / Title 17 / Chapter 51 / Subchapter 1 / Section 17-51-105
Drinking Water Advisory and Operator Licensing Committee - Duties
Status: in_force

The duties of the Drinking Water Advisory and Operator Licensing Committee shall be as follows: (1) To assist the Department of Health in examining applicants for water system operator licenses; (2) To advise the department as to the fitness of the applicant for licensing and certification; (3) To advise the State Board of Health in cases of suspension or revocation of license; (4) To advise the board and department in all matters, upon request by the board or department, or upon its own motion, relating to the operations of, and the development of rules for, the public water system supervision program operated by the Engineering Section of the Department of Health; and (5) To advise the board or department in all matters, upon request by the board or department, relating to training programs for water system operators. Amended by Act 2019, No. 315,§ 1494, eff. 7/24/2019. Acts 1957, No. 333, § 10; A.S.A. 1947, § 71-1710; Acts 1991, No. 1001, § 1.

The duties of the Drinking Water Advisory and Operator Licensing Committee shall be as follows:

(1) To assist the Department of Health in examining applicants for water system operator licenses;

(2) To advise the department as to the fitness of the applicant for licensing and certification;

(3) To advise the State Board of Health in cases of suspension or revocation of license;

(4) To advise the board and department in all matters, upon request by the board or department, or upon its own motion, relating to the operations of, and the development of rules for, the public water system supervision program operated by the Engineering Section of the Department of Health; and

(5) To advise the board or department in all matters, upon request by the board or department, relating to training programs for water system operators.

Amended by Act 2019, No. 315,§ 1494, eff. 7/24/2019.

Acts 1957, No. 333, § 10; A.S.A. 1947, § 71-1710; Acts 1991, No. 1001, § 1.
Ark. Code Ann. § 17-17-407 — AR Code / Title 17 / Chapter 17 / Subchapter 4 / Section 17-17-407
Jurisdiction
Status: in_force

(a) The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages. (b) The appellate jurisdiction of the circuit court is limited to the awarding of actual compensatory damages. (c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter. (d) The circuit court's jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board's orders. (e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either: (1) The amount determined by the board; or (2) The limits set forth in § 17-17-405 . Acts 1999, No. 227, § 3.

(a) The Auctioneer's Licensing Board's jurisdiction and authority to award damages to an aggrieved party pursuant to § 17-17-405 is limited to actual compensatory damages. The board shall not award punitive or exemplary damages, nor shall it award interest on damages.

(b) The appellate jurisdiction of the circuit court is limited to the awarding of actual compensatory damages.

(c) The circuit court shall have no authority or jurisdiction to assess punitive or exemplary damages under this subchapter.

(d) The circuit court's jurisdiction over the Auctioneer Education and Recovery Fund shall be limited to appeals from the board's orders.

(e) The circuit court shall have no jurisdiction or authority to order payments from the fund in any amount in excess of either: (1) The amount determined by the board; or (2) The limits set forth in § 17-17-405 .

(1) The amount determined by the board; or

(2) The limits set forth in § 17-17-405 .

Acts 1999, No. 227, § 3.
Ark. Code Ann. § 17-14-206 — AR Code / Title 17 / Chapter 14 / Subchapter 2 / Section 17-14-206
Complaints and disciplinary procedures
Status: in_force

(a) Upon its own motion or upon written complaint of any person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Appraisers, Abstracters, and Home Inspectors may suspend or revoke the registration, license, or certification of any registrant, licensee, or certificate holder and issue a fine up to the amount of one thousand dollars ($1,000) per violation occurrence or take any other appropriate disciplinary action for: (1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (2) Falsifying any application for licensure or certification or otherwise providing any false information to the board; (3) [Repealed.] (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (5) Adjudication of insanity; (6) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board; (7) Employing directly or indirectly any unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (8) Habitual or excessive use of intoxicants or illegal drugs; or (9) Failure to meet continuing education requirements within the proper time period. (b) Except in cases in which a licensee, registrant, or certificate holder has obtained a license by false or fraudulent representation, the board shall not investigate the actions of or conduct any disciplinary hearing regarding any licensee, registrant, or certificate holder unless the complaint is filed or the investigation is initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated. (c) (1) An action in tort or contract, whether oral or written, to recover damages for malpractice, negligence, error, mistake, omission, or breach shall not be brought against a registered apprentice appraiser, a state-registered appraiser, a state-licensed appraiser, or a state-certified appraiser, including any agent, firm, employee, or employer thereof, after three (3) years from the date on which the appraisal or appraisal-related service giving rise to the action was completed or should have been completed. (2) The time for commencement of an action contained in subdivision (c)(1) of this section does not apply to any claim alleging that a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser knowingly and intentionally: (A) Committed fraud; or (B) Made misrepresentations when performing a real estate appraisal or when providing an appraisal-related service. Amended by Act 2023, No. 628,§ 30, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 13, eff. 7/24/2019. Amended by Act 2019, No. 514,§ 9, eff. 7/24/2019. Acts 1993, No. 413, § 4; 2001, No. 1256, § 8; 2005, No. 278, § 1; 2009, No. 628, § 12.

(a) Upon its own motion or upon written complaint of any person and after notice and hearing as prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Appraisers, Abstracters, and Home Inspectors may suspend or revoke the registration, license, or certification of any registrant, licensee, or certificate holder and issue a fine up to the amount of one thousand dollars ($1,000) per violation occurrence or take any other appropriate disciplinary action for: (1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (2) Falsifying any application for licensure or certification or otherwise providing any false information to the board; (3) [Repealed.] (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (5) Adjudication of insanity; (6) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board; (7) Employing directly or indirectly any unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (8) Habitual or excessive use of intoxicants or illegal drugs; or (9) Failure to meet continuing education requirements within the proper time period.

(1) Violation of any provision of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(2) Falsifying any application for licensure or certification or otherwise providing any false information to the board;

(3) [Repealed.]

(4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(5) Adjudication of insanity;

(6) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board;

(7) Employing directly or indirectly any unlicensed person to perform any actions subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(8) Habitual or excessive use of intoxicants or illegal drugs; or

(9) Failure to meet continuing education requirements within the proper time period.

(b) Except in cases in which a licensee, registrant, or certificate holder has obtained a license by false or fraudulent representation, the board shall not investigate the actions of or conduct any disciplinary hearing regarding any licensee, registrant, or certificate holder unless the complaint is filed or the investigation is initiated within three (3) years from the date of the actions complained of or concerning which an investigation is initiated.

(c) (1) An action in tort or contract, whether oral or written, to recover damages for malpractice, negligence, error, mistake, omission, or breach shall not be brought against a registered apprentice appraiser, a state-registered appraiser, a state-licensed appraiser, or a state-certified appraiser, including any agent, firm, employee, or employer thereof, after three (3) years from the date on which the appraisal or appraisal-related service giving rise to the action was completed or should have been completed. (2) The time for commencement of an action contained in subdivision (c)(1) of this section does not apply to any claim alleging that a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser knowingly and intentionally: (A) Committed fraud; or (B) Made misrepresentations when performing a real estate appraisal or when providing an appraisal-related service.

(1) An action in tort or contract, whether oral or written, to recover damages for malpractice, negligence, error, mistake, omission, or breach shall not be brought against a registered apprentice appraiser, a state-registered appraiser, a state-licensed appraiser, or a state-certified appraiser, including any agent, firm, employee, or employer thereof, after three (3) years from the date on which the appraisal or appraisal-related service giving rise to the action was completed or should have been completed.

(2) The time for commencement of an action contained in subdivision (c)(1) of this section does not apply to any claim alleging that a state-registered appraiser, state-licensed appraiser, registered apprentice appraiser, or state-certified appraiser knowingly and intentionally: (A) Committed fraud; or (B) Made misrepresentations when performing a real estate appraisal or when providing an appraisal-related service.

(A) Committed fraud; or

(B) Made misrepresentations when performing a real estate appraisal or when providing an appraisal-related service.

Amended by Act 2023, No. 628,§ 30, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 13, eff. 7/24/2019.

Amended by Act 2019, No. 514,§ 9, eff. 7/24/2019.

Acts 1993, No. 413, § 4; 2001, No. 1256, § 8; 2005, No. 278, § 1; 2009, No. 628, § 12.
Ark. Code Ann. § 17-29-310 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-310
License requirements for out-of-state licenses
Status: in_force

(a) A person holding a valid license as an embalmer or funeral director in another state, United States territory, or provincial authority for an appropriate time as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may apply for a license to practice in this state as an embalmer or a funeral director, or both. (b) (1) An application shall be made by filing with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a certified statement from the secretary of the examining board of the state, United States territory, or provincial authority in which the applicant holds his or her license, showing the basis upon which the license was issued. (2) Upon receipt of the application and fee, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may issue a temporary working number that is valid for one (1) year from the date of issuance. (c) (1) To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including without limitation knowledge of the laws and rules of this state pertaining to funeral service. (2) An applicant may take the examination at one of the regularly scheduled examination sessions as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (3) If the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services is satisfied with the proficiency of the applicant, upon receipt of the fees prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a license may be granted. (4) Failure to meet testing requirements shall result in revocation of the temporary working number, and the applicant shall reapply and pay the reapplication fee prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to be licensed under this subchapter. Amended by Act 2017, No. 788,§ 18, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 30, eff. 7/22/2015. Acts 1983, No. 325, § 6; A.S.A. 1947, § 71-906; Acts 1997, No. 839, § 6; 1999, No. 1138, § 6.

(a) A person holding a valid license as an embalmer or funeral director in another state, United States territory, or provincial authority for an appropriate time as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may apply for a license to practice in this state as an embalmer or a funeral director, or both.

(b) (1) An application shall be made by filing with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a certified statement from the secretary of the examining board of the state, United States territory, or provincial authority in which the applicant holds his or her license, showing the basis upon which the license was issued. (2) Upon receipt of the application and fee, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may issue a temporary working number that is valid for one (1) year from the date of issuance.

(1) An application shall be made by filing with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a certified statement from the secretary of the examining board of the state, United States territory, or provincial authority in which the applicant holds his or her license, showing the basis upon which the license was issued.

(2) Upon receipt of the application and fee, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may issue a temporary working number that is valid for one (1) year from the date of issuance.

(c) (1) To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including without limitation knowledge of the laws and rules of this state pertaining to funeral service. (2) An applicant may take the examination at one of the regularly scheduled examination sessions as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (3) If the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services is satisfied with the proficiency of the applicant, upon receipt of the fees prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a license may be granted. (4) Failure to meet testing requirements shall result in revocation of the temporary working number, and the applicant shall reapply and pay the reapplication fee prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to be licensed under this subchapter.

(1) To obtain a license, the applicant shall pass an exam to prove his or her proficiency, including without limitation knowledge of the laws and rules of this state pertaining to funeral service.

(2) An applicant may take the examination at one of the regularly scheduled examination sessions as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(3) If the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services is satisfied with the proficiency of the applicant, upon receipt of the fees prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a license may be granted.

(4) Failure to meet testing requirements shall result in revocation of the temporary working number, and the applicant shall reapply and pay the reapplication fee prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to be licensed under this subchapter.

Amended by Act 2017, No. 788,§ 18, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 30, eff. 7/22/2015.

Acts 1983, No. 325, § 6; A.S.A. 1947, § 71-906; Acts 1997, No. 839, § 6; 1999, No. 1138, § 6.
Ark. Code Ann. § 17-35-702 — AR Code / Title 17 / Chapter 35 / Subchapter 7 / Section 17-35-702
Powers and duties of the board
Status: in_force

The State Board of Registered Residential Interior Designers: (1) Shall administer, coordinate, and enforce the provisions of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ; (2) May investigate allegations of misconduct and suspend registrations concerning the provisions of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ; (3) Shall adopt rules in the manner prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the purposes and policies of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 , including rules relating to professional conduct, standards of performance and professional examination and registration, registration renewal requirements, application, renewal, and late fees, suspension and revocation of registrations, and the establishment of a code of ethics for persons registered under this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ; (4) Shall set fees for registration, registration renewals, examinations, and all other administrative expenses; (5) May require a registrant, as a condition of the renewal of his or her registration, to satisfy continuing education requirements; (6) Shall maintain an official roster showing the name, address, and registration number of each interior designer registered under this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ; (7) Shall require registrants to display their registration numbers on all business and advertising instruments, including business cards, stationery, and contracts; (8) Shall conduct hearings and keep records and minutes necessary to carry out its functions; (9) May, to the extent moneys are appropriated therefor, employ an executive secretary and other employees and fix their compensation; and (10) Shall do all things reasonable and necessary to carry out the purposes of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 . Amended by Act 2019, No. 315,§ 1423, eff. 7/24/2019. Acts 1993, No. 959, § 5.

The State Board of Registered Residential Interior Designers:

(1) Shall administer, coordinate, and enforce the provisions of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ;

(2) May investigate allegations of misconduct and suspend registrations concerning the provisions of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ;

(3) Shall adopt rules in the manner prescribed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the purposes and policies of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 , including rules relating to professional conduct, standards of performance and professional examination and registration, registration renewal requirements, application, renewal, and late fees, suspension and revocation of registrations, and the establishment of a code of ethics for persons registered under this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ;

(4) Shall set fees for registration, registration renewals, examinations, and all other administrative expenses;

(5) May require a registrant, as a condition of the renewal of his or her registration, to satisfy continuing education requirements;

(6) Shall maintain an official roster showing the name, address, and registration number of each interior designer registered under this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 ;

(7) Shall require registrants to display their registration numbers on all business and advertising instruments, including business cards, stationery, and contracts;

(8) Shall conduct hearings and keep records and minutes necessary to carry out its functions;

(9) May, to the extent moneys are appropriated therefor, employ an executive secretary and other employees and fix their compensation; and

(10) Shall do all things reasonable and necessary to carry out the purposes of this section and §§ 17-35-601 - 17-35-606 , 17-35-701 , and 17-35-801 - 17-35-803 .

Amended by Act 2019, No. 315,§ 1423, eff. 7/24/2019.

Acts 1993, No. 959, § 5.
Ark. Code Ann. § 17-101-101 — AR Code / Title 17 / Chapter 101 / Subchapter 1 / Section 17-101-101
Short title
Status: in_force

This chapter shall be known as the "Arkansas Veterinary Medical Practice Act". Acts 1975, No. 650, § 1; A.S.A. 1947, § 72-1132; Acts 1993, No. 1198, § 1.

This chapter shall be known as the "Arkansas Veterinary Medical Practice Act".

Acts 1975, No. 650, § 1; A.S.A. 1947, § 72-1132; Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-87-305 — AR Code / Title 17 / Chapter 87 / Subchapter 3 / Section 17-87-305
Licensed psychiatric technician nurses
Status: in_force

(a) Qualifications. An applicant for a license to practice psychiatric technician nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed a prescribed curriculum in a state-approved program for the preparation of psychiatric technician nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified. (b) Issuance of License. A license to practice as a psychiatric technician nurse may be issued: (1) By Examination. The applicant shall be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing the examination, the board shall issue to the applicant a license to practice as a psychiatric technician nurse. All such examinations shall be conducted by an examiner, who shall be a registered nurse, and by an assistant examiner, who shall be a licensed psychiatric technician nurse; or (2) By Endorsement. The board may issue a license to practice psychiatric technician nursing by endorsement to an applicant who has duly been licensed or registered as a licensed psychiatric technician nurse or a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed psychiatric technician nurses in this state at the time of graduation and if the board so recommends. (c) Person Licensed Before March 29, 1971. Any person holding a license to practice as a psychiatric technician issued by the board in accordance with Acts 1953, No. 124 [repealed], and which was valid on March 29, 1971, shall be deemed to be licensed as a psychiatric technician nurse under the provisions of this chapter. (d) Title and Abbreviation. Any person who holds a license to practice psychiatric technician nursing in this state shall have the right to use the title "licensed psychiatric technician nurse" and the abbreviation "L.P.T.N.". Amended by Act 2019, No. 990,§ 75, eff. 7/24/2019. Acts 1971, No. 432, § 12; 1981, No. 54, § 2; 1981 (1st Ex. Sess.), No. 19, §§ 6, 7; A.S.A. 1947, § 72-756; Acts 1995, No. 409, § 11.

(a) Qualifications. An applicant for a license to practice psychiatric technician nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant: (1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and (2) Has completed a prescribed curriculum in a state-approved program for the preparation of psychiatric technician nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.

(1) Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and

(2) Has completed a prescribed curriculum in a state-approved program for the preparation of psychiatric technician nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.

(b) Issuance of License. A license to practice as a psychiatric technician nurse may be issued: (1) By Examination. The applicant shall be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing the examination, the board shall issue to the applicant a license to practice as a psychiatric technician nurse. All such examinations shall be conducted by an examiner, who shall be a registered nurse, and by an assistant examiner, who shall be a licensed psychiatric technician nurse; or (2) By Endorsement. The board may issue a license to practice psychiatric technician nursing by endorsement to an applicant who has duly been licensed or registered as a licensed psychiatric technician nurse or a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed psychiatric technician nurses in this state at the time of graduation and if the board so recommends.

(1) By Examination. The applicant shall be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing the examination, the board shall issue to the applicant a license to practice as a psychiatric technician nurse. All such examinations shall be conducted by an examiner, who shall be a registered nurse, and by an assistant examiner, who shall be a licensed psychiatric technician nurse; or

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

(c) Person Licensed Before March 29, 1971. Any person holding a license to practice as a psychiatric technician issued by the board in accordance with Acts 1953, No. 124 [repealed], and which was valid on March 29, 1971, shall be deemed to be licensed as a psychiatric technician nurse under the provisions of this chapter.

(d) Title and Abbreviation. Any person who holds a license to practice psychiatric technician nursing in this state shall have the right to use the title "licensed psychiatric technician nurse" and the abbreviation "L.P.T.N.".

Amended by Act 2019, No. 990,§ 75, eff. 7/24/2019.

Acts 1971, No. 432, § 12; 1981, No. 54, § 2; 1981 (1st Ex. Sess.), No. 19, §§ 6, 7; A.S.A. 1947, § 72-756; Acts 1995, No. 409, § 11.
Ark. Code Ann. § 17-43-309 — AR Code / Title 17 / Chapter 43 / Subchapter 3 / Section 17-43-309
Grounds for suspension, revocation, or refusal to renew - Duty of board to hire independent investigator - Scope of investigation
Status: in_force

(a) The Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration upon proof that the applicant is guilty of fraud, deceit, gross negligence, incompetency, or misconduct in relation to his or her duties as a sanitarian. (b) (1) When necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration, the board shall hire and fix the compensation of an independent investigator to perform the investigation. (2) The scope of the investigation shall not exceed matters that are reasonably necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration. Amended by Act 2019, No. 990,§ 50, eff. 7/24/2019. Acts 1957, No. 281, § 17; A.S.A. 1947, § 71-1617; Acts 2011, No. 295, § 2.

(a) The Arkansas State Board of Sanitarians may suspend, revoke, or refuse to renew a certificate of registration upon proof that the applicant is guilty of fraud, deceit, gross negligence, incompetency, or misconduct in relation to his or her duties as a sanitarian.

(b) (1) When necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration, the board shall hire and fix the compensation of an independent investigator to perform the investigation. (2) The scope of the investigation shall not exceed matters that are reasonably necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration.

(1) When necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration, the board shall hire and fix the compensation of an independent investigator to perform the investigation.

(2) The scope of the investigation shall not exceed matters that are reasonably necessary to determine whether grounds exist under this section to suspend, revoke, or refuse to renew a certificate of registration.

Amended by Act 2019, No. 990,§ 50, eff. 7/24/2019.

Acts 1957, No. 281, § 17; A.S.A. 1947, § 71-1617; Acts 2011, No. 295, § 2.
Ark. Code Ann. § 17-104-103 — AR Code / Title 17 / Chapter 104 / Subchapter 1 / Section 17-104-103
State Board of Health
Status: in_force

In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall promulgate and implement rules that it deems necessary to carry out the provisions of this chapter. Added by Act 2017, No. 540,§ 36, eff. 8/1/2017.

In accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the State Board of Health shall promulgate and implement rules that it deems necessary to carry out the provisions of this chapter.

Added by Act 2017, No. 540,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 17-92-204 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-204
Organization and proceedings
Status: in_force

(a) Immediately after the appointment and qualification of the Arkansas State Board of Pharmacy, the members shall meet and organize as the Arkansas State Board of Pharmacy, by electing from their own number a president and secretary. (b) (1) The board shall hold not fewer than two (2) regular meetings per annum for the examination of candidates. (2) One (1) meeting may be held at the time and place of the annual meeting of the Arkansas Pharmacists Association. The other meeting shall be held at a time and place as the board may determine. (3) Other meetings of the board may also be held whenever and wherever a quorum of the board, including the Secretary of the Arkansas State Board of Pharmacy, is present. (c) A majority of the board shall be a quorum for the transaction of any business. (d) The board may adopt such bylaws as it deems necessary to carry into execution the provisions of this act without expense to the state. Acts 1891, No. 50, §§ 4, 5, p. 80; C. & M. Dig., §§ 3670, 3671; Pope's Dig., §§ 4606, 4607; A.S.A. 1947, §§ 72-1004, 72-1005.

(a) Immediately after the appointment and qualification of the Arkansas State Board of Pharmacy, the members shall meet and organize as the Arkansas State Board of Pharmacy, by electing from their own number a president and secretary.

(b) (1) The board shall hold not fewer than two (2) regular meetings per annum for the examination of candidates. (2) One (1) meeting may be held at the time and place of the annual meeting of the Arkansas Pharmacists Association. The other meeting shall be held at a time and place as the board may determine. (3) Other meetings of the board may also be held whenever and wherever a quorum of the board, including the Secretary of the Arkansas State Board of Pharmacy, is present.

(1) The board shall hold not fewer than two (2) regular meetings per annum for the examination of candidates.

(2) One (1) meeting may be held at the time and place of the annual meeting of the Arkansas Pharmacists Association. The other meeting shall be held at a time and place as the board may determine.

(3) Other meetings of the board may also be held whenever and wherever a quorum of the board, including the Secretary of the Arkansas State Board of Pharmacy, is present.

(c) A majority of the board shall be a quorum for the transaction of any business.

(d) The board may adopt such bylaws as it deems necessary to carry into execution the provisions of this act without expense to the state.

Acts 1891, No. 50, §§ 4, 5, p. 80; C. & M. Dig., §§ 3670, 3671; Pope's Dig., §§ 4606, 4607; A.S.A. 1947, §§ 72-1004, 72-1005.
Ark. Code Ann. § 17-95-706 — AR Code / Title 17 / Chapter 95 / Subchapter 7 / Section 17-95-706
Scope
Status: in_force

This subchapter does not condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this subchapter may be used for mercy killing or euthanasia. Acts 2003, No. 1405, § 1.

This subchapter does not condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this subchapter may be used for mercy killing or euthanasia.

Acts 2003, No. 1405, § 1.
Ark. Code Ann. § 17-25-103 — AR Code / Title 17 / Chapter 25 / Subchapter 1 / Section 17-25-103
Penalties - Enforcement
Status: in_force

(a) (1) It is a violation of this chapter for any contractor to knowingly do any of the following: (A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (B) Present or file the license or registration certificate of another; (C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration; (D) Impersonate another; or (E) Use an expired or revoked certificate of license or registration. (2) A violation under subdivision (a)(1) of this section is a Class A misdemeanor, with each day of activity constituting a separate offense. (b) The doing of any act or thing herein prohibited by any applicant, licensee, or registrant shall, in the discretion of the board, constitute sufficient grounds to refuse a license or registration to an applicant or to revoke the license of a licensee or the registration of a registrant. (c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter. (e) (1) (A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. (2) The board shall have the power to withhold approval for up to six (6) months of any application from any person who, before approval of the application, has been found in violation of this chapter. (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) No proceedings under this chapter may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (5) The board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of this chapter. (6) (A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. (B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. (C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter. Amended by Act 2019, No. 805,§ 4, eff. 7/1/2020. Amended by Act 2019, No. 805,§ 3, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 2, eff. 7/22/2015. Acts 1965, No. 150, § 14; 1985, No. 180, § 4; A.S.A. 1947, § 71-713; Acts 1987, No. 495, § 3; 1989, No. 795, § 2; 1999, No. 43, § 1; 2007, No. 275, § 2.

(a) (1) It is a violation of this chapter for any contractor to knowingly do any of the following: (A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (B) Present or file the license or registration certificate of another; (C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration; (D) Impersonate another; or (E) Use an expired or revoked certificate of license or registration. (2) A violation under subdivision (a)(1) of this section is a Class A misdemeanor, with each day of activity constituting a separate offense.

(1) It is a violation of this chapter for any contractor to knowingly do any of the following: (A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster; (B) Present or file the license or registration certificate of another; (C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration; (D) Impersonate another; or (E) Use an expired or revoked certificate of license or registration.

(A) (i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state. (ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster;

(i) For a fixed price, commission, fee, or wage attempt to or submit a bid or bids to construct or demolish or contract to construct or demolish, or undertake to construct or demolish, or assume charge in a supervisory capacity or otherwise, or manage the construction, erection, alteration, demolition, or repair of, or has constructed, erected, altered, demolished, or repaired, under his or her or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more, without first having procured a license or registration with the proper classification to engage in the business of contracting in this state.

(ii) Subdivision (a)(1)(A)(i) of this section does not apply to any demolition work or other work necessary to clean up a natural disaster within seventy-two (72) hours following the natural disaster;

(B) Present or file the license or registration certificate of another;

(C) Give false or forged evidence of any kind to the Contractors Licensing Board or any member thereof in obtaining a certificate of license or registration;

(D) Impersonate another; or

(E) Use an expired or revoked certificate of license or registration.

(2) A violation under subdivision (a)(1) of this section is a Class A misdemeanor, with each day of activity constituting a separate offense.

(b) The doing of any act or thing herein prohibited by any applicant, licensee, or registrant shall, in the discretion of the board, constitute sufficient grounds to refuse a license or registration to an applicant or to revoke the license of a licensee or the registration of a registrant.

(c) Regarding any violation of this chapter, the board shall have the power to issue subpoenas and bring before the board as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.

(d) No action may be brought either at law or in equity to enforce any provision of any contract entered into in violation of this chapter. No action may be brought either at law or in equity for quantum meruit by any contractor in violation of this chapter.

(e) (1) (A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter. (2) The board shall have the power to withhold approval for up to six (6) months of any application from any person who, before approval of the application, has been found in violation of this chapter. (3) All hearings and appeals therefrom under this chapter shall be pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) No proceedings under this chapter may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred. (5) The board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of this chapter. (6) (A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. (B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. (C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter.

(1) (A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor. (B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter.

(A) Any contractor who, after notice and hearing, is found by the board to have violated or used a contractor in violation of this chapter shall pay to the board a civil penalty of not less than one hundred dollars ($100) nor more than four hundred dollars ($400) per day for the activity. However, the penalty shall not exceed three percent (3%) of the total project being performed by the contractor.

(B) (i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state. (ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter.

(i) The penalty provided for in this chapter plus interest at ten percent (10%) per annum shall be paid to the board before the contractor can be issued a license to engage in the business of contracting in this state.

(ii) In addition to the assessment of the penalty, the board, upon a finding of a violation of this chapter, may issue an order of abatement directing the contractor to cease all actions constituting a violation of this chapter.

(2) The board shall have the power to withhold approval for up to six (6) months of any application from any person who, before approval of the application, has been found in violation of this chapter.

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

(4) No proceedings under this chapter may be commenced by the board after three (3) years from the date on which the act or omission which is the basis for the proceeding occurred.

(5) The board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the contractor of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of this chapter.

(6) (A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement. (B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced. (C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter.

(A) The board shall have the power to file suit in the Pulaski County Circuit Court to enforce any order of abatement not complied with within fifteen (15) days, excluding Saturdays, Sundays, and legal holidays, of service on the contractor of the order of abatement.

(B) If the circuit court finds the order of abatement to have been properly issued, it may enforce the order by any means by which injunctions are ordinarily enforced.

(C) However, nothing shall be construed herein to diminish the contractor's right to appeal and obtain a stay pursuant to the procedures provided for in this chapter.

Amended by Act 2019, No. 805,§ 4, eff. 7/1/2020.

Amended by Act 2019, No. 805,§ 3, eff. 7/1/2020.

Amended by Act 2015, No. 1048,§ 2, eff. 7/22/2015.

Acts 1965, No. 150, § 14; 1985, No. 180, § 4; A.S.A. 1947, § 71-713; Acts 1987, No. 495, § 3; 1989, No. 795, § 2; 1999, No. 43, § 1; 2007, No. 275, § 2.
Ark. Code Ann. § 17-87-206 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-206
Subpoenas and subpoenas duces tecum
Status: in_force

(a) The Arkansas State Board of Nursing shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings. (b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the board to be transmitted to the board. (c) (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state. (2) (A) The board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed. (d) (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court. (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state. Acts 1997, No. 894, § 1.

(a) The Arkansas State Board of Nursing shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.

(b) A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the board to be transmitted to the board.

(c) (1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state. (2) (A) The board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(1) Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.

(2) (A) The board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the board. (B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(A) The board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the board.

(B) The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.

(d) (1) In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court. (2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.

(1) In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court.

(2) The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.

Acts 1997, No. 894, § 1.
Ark. Code Ann. § 17-100-105 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-105
Criminal penalties
Status: in_force

Any person who violates any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned in the county jail for a period not exceeding six (6) months, or both. Acts 1975, No. 277, § 20; A.S.A. 1947, § 72-1820.

Any person who violates any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned in the county jail for a period not exceeding six (6) months, or both.

Acts 1975, No. 277, § 20; A.S.A. 1947, § 72-1820.
Ark. Code Ann. § 17-37-217 — AR Code / Title 17 / Chapter 37 / Subchapter 2 / Section 17-37-217
Grounds for license invalidation or nonrenewal
Status: in_force

Acts which shall be grounds for invalidation or nonrenewal of a license shall include, but shall not be limited to, the following: (1) Misrepresentations for the purpose of deceiving or defrauding; (2) Making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage; (3) Failure of the licensee to supply the State Plant Board or its authorized representative, upon request, with true and accurate information concerning methods and materials used or work performed or other information essential to the administration and enforcement of this chapter; (4) Performing work, whether for compensation or not, in a classification for which the licensee does not have a license; (5) If repeated inspections by the board reveal that the licensee is not securing satisfactory control of the pests or diseases which the licensee engages to control or eradicate; (6) Failure of the licensee to register agents or solicitors, failure to pay registration, inspection, or reporting fees due, or failure to make reports within the time specified; (7) Conviction in any court of a violation of this chapter or of the Federal Insecticide, Fungicide, and Rodenticide Act; (8) Intentional misrepresentation in any application for a license; (9) Failure to correct substandard work; (10) Making a pesticide recommendation or application which is inconsistent with any or all of the following: (A) The labeling; (B) Federal or state registration; or (C) Federal or state restrictions on the use of that pesticide; and (11) Falsification of records or failure to maintain or make available the records required by this chapter. Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.

Acts which shall be grounds for invalidation or nonrenewal of a license shall include, but shall not be limited to, the following:

(1) Misrepresentations for the purpose of deceiving or defrauding;

(2) Making of a false statement with knowledge of its falsity for the purpose of inducing others to act thereon to their damage;

(3) Failure of the licensee to supply the State Plant Board or its authorized representative, upon request, with true and accurate information concerning methods and materials used or work performed or other information essential to the administration and enforcement of this chapter;

(4) Performing work, whether for compensation or not, in a classification for which the licensee does not have a license;

(5) If repeated inspections by the board reveal that the licensee is not securing satisfactory control of the pests or diseases which the licensee engages to control or eradicate;

(6) Failure of the licensee to register agents or solicitors, failure to pay registration, inspection, or reporting fees due, or failure to make reports within the time specified;

(7) Conviction in any court of a violation of this chapter or of the Federal Insecticide, Fungicide, and Rodenticide Act;

(8) Intentional misrepresentation in any application for a license;

(9) Failure to correct substandard work;

(10) Making a pesticide recommendation or application which is inconsistent with any or all of the following: (A) The labeling; (B) Federal or state registration; or (C) Federal or state restrictions on the use of that pesticide; and

(A) The labeling;

(B) Federal or state registration; or

(C) Federal or state restrictions on the use of that pesticide; and

(11) Falsification of records or failure to maintain or make available the records required by this chapter.

Acts 1975, No. 488, § 7; A.S.A. 1947, § 77-1807.
Ark. Code Ann. § 17-50-310 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-310
Rig permits
Status: in_force

(a) (1) The Arkansas Natural Resources Commission shall issue rig permits if the water well contractor has: (A) A valid license; (B) Made proper application for a rig permit; and (C) Paid the required fee. (2) Rig permits shall not be transferable and shall expire July 31 of each year. (b) (1) (A) The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee. (B) After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives: (i) The new rig permit; or (ii) Notice that the commission has refused to renew the rig permit. (2) After August 31 of each year, the commission shall only renew a rig permit upon application and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00). (c) (1) No water well contractor shall operate a rig or permit an employee to operate a rig unless the water well contractor holds a valid rig permit issued by the commission. (2) The water well contractor shall obtain a separate permit for each rig operated by the water well contractor during the permit year. (d) (1) The commission shall issue permits composed of weatherproof material. (2) The water well contractor shall firmly and conspicuously attach the permit to the rig for which it was issued. Amended by Act 2023, No. 691,§ 138, eff. 7/1/2023. Acts 1969, No. 641, § 9; 1979, No. 80, § 2; A.S.A. 1947, § 21-2009; Acts 2003, No. 297, § 13.

(a) (1) The Arkansas Natural Resources Commission shall issue rig permits if the water well contractor has: (A) A valid license; (B) Made proper application for a rig permit; and (C) Paid the required fee. (2) Rig permits shall not be transferable and shall expire July 31 of each year.

(1) The Arkansas Natural Resources Commission shall issue rig permits if the water well contractor has: (A) A valid license; (B) Made proper application for a rig permit; and (C) Paid the required fee.

(A) A valid license;

(B) Made proper application for a rig permit; and

(C) Paid the required fee.

(2) Rig permits shall not be transferable and shall expire July 31 of each year.

(b) (1) (A) The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee. (B) After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives: (i) The new rig permit; or (ii) Notice that the commission has refused to renew the rig permit. (2) After August 31 of each year, the commission shall only renew a rig permit upon application and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00).

(1) (A) The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee. (B) After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives: (i) The new rig permit; or (ii) Notice that the commission has refused to renew the rig permit.

(A) The water well contractor must renew the rig permit annually by applying no later than thirty (30) days after the expiration date and paying the required fee.

(B) After receiving the renewal materials and fee, the commission shall extend the validity of the current rig permit until the water well contractor receives: (i) The new rig permit; or (ii) Notice that the commission has refused to renew the rig permit.

(i) The new rig permit; or

(ii) Notice that the commission has refused to renew the rig permit.

(2) After August 31 of each year, the commission shall only renew a rig permit upon application and payment of the applicable fee plus a penalty of twenty-five dollars ($25.00).

(c) (1) No water well contractor shall operate a rig or permit an employee to operate a rig unless the water well contractor holds a valid rig permit issued by the commission. (2) The water well contractor shall obtain a separate permit for each rig operated by the water well contractor during the permit year.

(1) No water well contractor shall operate a rig or permit an employee to operate a rig unless the water well contractor holds a valid rig permit issued by the commission.

(2) The water well contractor shall obtain a separate permit for each rig operated by the water well contractor during the permit year.

(d) (1) The commission shall issue permits composed of weatherproof material. (2) The water well contractor shall firmly and conspicuously attach the permit to the rig for which it was issued.

(1) The commission shall issue permits composed of weatherproof material.

(2) The water well contractor shall firmly and conspicuously attach the permit to the rig for which it was issued.

Amended by Act 2023, No. 691,§ 138, eff. 7/1/2023.

Acts 1969, No. 641, § 9; 1979, No. 80, § 2; A.S.A. 1947, § 21-2009; Acts 2003, No. 297, § 13.