Ark. Code Ann. § 17-19-210 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-210
Suspension and penalties - Review
Status: in_force

(a) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, should it determine that the licensee or any member of a company which is so licensed committed an act listed in subsection (b) of this section, may: (1) Suspend the license for up to twelve (12) months; (2) Revoke or refuse to continue any license; (3) Impose an administrative penalty in an amount not to exceed ten thousand dollars ($10,000); or (4) Impose both a suspension of up to twelve (12) months and an administrative penalty in an amount not to exceed ten thousand dollars ($10,000). (b) A licensee is subject to the penalties of subsection (a) of this section should it be found that the licensee: (1) Violated any provision of or any obligation imposed by this chapter or any lawful rule or order of the board or has been convicted of a felony listed under § 17-3-102 ; (2) Made a material misstatement in the application for license, in the application for renewal license, or in the financial statement which accompanies the application or renewal application for license as a professional bail bond company; (3) Committed any fraudulent or dishonest acts or practices or demonstrated incompetency or untrustworthiness to act as a licensee; (4) Charged or received, as premium or compensation for the making of any deposit or bail bond, any sum in excess of that permitted by law; (5) Required as a condition of executing a bail bond that the principal agree to engage the services of a specified attorney; (6) Signed, executed, or issued bonds with endorsements in blank, or prepared or issued fraudulent or forged bonds or power of attorney; (7) Failed in the applicable regular course of business to account for and to pay premiums held by the licensee in a fiduciary capacity to the professional bail bond company or other person entitled thereto; or (8) Failed to comply with the provisions of the laws of this state, or rule or order of the board for which issuance of the license could have been refused had it then existed and been known to the board. (c) The acts or conduct of a professional bail bondsman who acts within the scope of the authority delegated to him or her shall also be deemed the act or conduct of the professional bail bond company for which the professional bail bondsman is acting as agent. (d) If the board finds that one (1) or more grounds exist for the suspension or revocation of a license, the board may in its discretion request that formal charges be filed against the violator and that penalties set out in § 17-19-102 be imposed. (e) If the board finds that one (1) or more grounds exist for the suspension or revocation of a license and that the license has been suspended within the previous twenty-four (24) months, then the board shall revoke the license. (f) The board may not again issue a license under this chapter to any person or entity whose license has been revoked. (g) If the board determines that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, a summary suspension of a license issued under this chapter may be ordered pending an administrative hearing before the board, which shall be promptly instituted. (h) If a professional bail bond company license is so suspended or revoked, a member of the company or officer or director of the corporation shall not be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation, unless the board determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked. (i) The action of the board in issuing or refusing to issue or in suspending or revoking any license shall be subject to review by the Pulaski County Circuit Court upon filing of an action therefor within thirty (30) days after the issuance of written notice by the board of the action taken. Amended by Act 2019, No. 315,§ 1363, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1362, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 22, eff. 7/24/2019. Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 2011, No. 97, § 1.

(a) The Professional Bail Bond Company and Professional Bail Bondsman Licensing Board, should it determine that the licensee or any member of a company which is so licensed committed an act listed in subsection (b) of this section, may: (1) Suspend the license for up to twelve (12) months; (2) Revoke or refuse to continue any license; (3) Impose an administrative penalty in an amount not to exceed ten thousand dollars ($10,000); or (4) Impose both a suspension of up to twelve (12) months and an administrative penalty in an amount not to exceed ten thousand dollars ($10,000).

(1) Suspend the license for up to twelve (12) months;

(2) Revoke or refuse to continue any license;

(3) Impose an administrative penalty in an amount not to exceed ten thousand dollars ($10,000); or

(4) Impose both a suspension of up to twelve (12) months and an administrative penalty in an amount not to exceed ten thousand dollars ($10,000).

(b) A licensee is subject to the penalties of subsection (a) of this section should it be found that the licensee: (1) Violated any provision of or any obligation imposed by this chapter or any lawful rule or order of the board or has been convicted of a felony listed under § 17-3-102 ; (2) Made a material misstatement in the application for license, in the application for renewal license, or in the financial statement which accompanies the application or renewal application for license as a professional bail bond company; (3) Committed any fraudulent or dishonest acts or practices or demonstrated incompetency or untrustworthiness to act as a licensee; (4) Charged or received, as premium or compensation for the making of any deposit or bail bond, any sum in excess of that permitted by law; (5) Required as a condition of executing a bail bond that the principal agree to engage the services of a specified attorney; (6) Signed, executed, or issued bonds with endorsements in blank, or prepared or issued fraudulent or forged bonds or power of attorney; (7) Failed in the applicable regular course of business to account for and to pay premiums held by the licensee in a fiduciary capacity to the professional bail bond company or other person entitled thereto; or (8) Failed to comply with the provisions of the laws of this state, or rule or order of the board for which issuance of the license could have been refused had it then existed and been known to the board.

(1) Violated any provision of or any obligation imposed by this chapter or any lawful rule or order of the board or has been convicted of a felony listed under § 17-3-102 ;

(2) Made a material misstatement in the application for license, in the application for renewal license, or in the financial statement which accompanies the application or renewal application for license as a professional bail bond company;

(3) Committed any fraudulent or dishonest acts or practices or demonstrated incompetency or untrustworthiness to act as a licensee;

(4) Charged or received, as premium or compensation for the making of any deposit or bail bond, any sum in excess of that permitted by law;

(5) Required as a condition of executing a bail bond that the principal agree to engage the services of a specified attorney;

(6) Signed, executed, or issued bonds with endorsements in blank, or prepared or issued fraudulent or forged bonds or power of attorney;

(7) Failed in the applicable regular course of business to account for and to pay premiums held by the licensee in a fiduciary capacity to the professional bail bond company or other person entitled thereto; or

(8) Failed to comply with the provisions of the laws of this state, or rule or order of the board for which issuance of the license could have been refused had it then existed and been known to the board.

(c) The acts or conduct of a professional bail bondsman who acts within the scope of the authority delegated to him or her shall also be deemed the act or conduct of the professional bail bond company for which the professional bail bondsman is acting as agent.

(d) If the board finds that one (1) or more grounds exist for the suspension or revocation of a license, the board may in its discretion request that formal charges be filed against the violator and that penalties set out in § 17-19-102 be imposed.

(e) If the board finds that one (1) or more grounds exist for the suspension or revocation of a license and that the license has been suspended within the previous twenty-four (24) months, then the board shall revoke the license.

(f) The board may not again issue a license under this chapter to any person or entity whose license has been revoked.

(g) If the board determines that the public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, a summary suspension of a license issued under this chapter may be ordered pending an administrative hearing before the board, which shall be promptly instituted.

(h) If a professional bail bond company license is so suspended or revoked, a member of the company or officer or director of the corporation shall not be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation, unless the board determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.

(i) The action of the board in issuing or refusing to issue or in suspending or revoking any license shall be subject to review by the Pulaski County Circuit Court upon filing of an action therefor within thirty (30) days after the issuance of written notice by the board of the action taken.

Amended by Act 2019, No. 315,§ 1363, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1362, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 22, eff. 7/24/2019.

Acts 1989, No. 417, § 1; 1995, No. 827, § 4; 2011, No. 97, § 1.
Ark. Code Ann. § 17-98-201 — AR Code / Title 17 / Chapter 98 / Subchapter 2 / Section 17-98-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 46, eff. 7/1/2023. Amended by Act 2015, No. 1100,§ 41, eff. 7/22/2015. Acts 1993, No. 107, § 6; 1997, No. 250, § 170.

Repealed by Act 2023, No. 365,§ 46, eff. 7/1/2023.

Amended by Act 2015, No. 1100,§ 41, eff. 7/22/2015.

Acts 1993, No. 107, § 6; 1997, No. 250, § 170.
Ark. Code Ann. § 17-27-313 — AR Code / Title 17 / Chapter 27 / Subchapter 3 / Section 17-27-313
Criminal background checks
Status: in_force

(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. (b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check. (d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant. (e) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check. (f) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 . (g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure, or his or her authorized representative; or (B) The person whose license is subject to revocation, or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police. (h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only. (i) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (j) The board shall adopt the necessary rules to fully implement the provisions of this section. Amended by Act 2019, No. 315,§ 1389, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 33, eff. 7/24/2019. Amended by Act 2017, No. 664,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 367,§ 16, eff. 8/1/2017. Acts 1997, No. 1317, § 5; 2003, No. 1087, § 14; 2003, No. 1388, § 1; 2005, No. 2277, § 1; 2011, No. 570, § 120.

(a) The Arkansas Board of Examiners in Counseling may require each applicant for license renewal and each first-time applicant for a license issued by the board to apply to the Identification Bureau of the Division of Arkansas State Police for a state and national criminal background check, to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

(b) The check shall conform to the applicable federal standards and shall include the taking of fingerprints.

(c) The applicant shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check.

(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant.

(e) The board may issue a six-month nonrenewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal background check.

(f) For the purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102 .

(g) (1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure, or his or her authorized representative; or (B) The person whose license is subject to revocation, or his or her authorized representative. (2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(1) Any information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by: (A) The affected applicant for licensure, or his or her authorized representative; or (B) The person whose license is subject to revocation, or his or her authorized representative.

(A) The affected applicant for licensure, or his or her authorized representative; or

(B) The person whose license is subject to revocation, or his or her authorized representative.

(2) No record, file, or document shall be removed from the custody of the Division of Arkansas State Police.

(h) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.

(i) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check.

(j) The board shall adopt the necessary rules to fully implement the provisions of this section.

Amended by Act 2019, No. 315,§ 1389, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 33, eff. 7/24/2019.

Amended by Act 2017, No. 664,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 367,§ 16, eff. 8/1/2017.

Acts 1997, No. 1317, § 5; 2003, No. 1087, § 14; 2003, No. 1388, § 1; 2005, No. 2277, § 1; 2011, No. 570, § 120.
Ark. Code Ann. § 17-36-105 — AR Code / Title 17 / Chapter 36 / Subchapter 1 / Section 17-36-105
Injunctions
Status: in_force

(a) (1) The violation of any provision of this chapter and performing or offering to perform any work or service in violation of this chapter or any provision thereof is declared to constitute a nuisance and a threat to the public health, safety, and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the courts of this state, even though the violation may be punishable by fine. (2) The intention of this section is to provide a speedy means of protecting the public. (b) The board is not required to execute or give bond for cost, indemnity, or stay as a condition to the issuance of a restraining order or injunction, either temporary or permanent, in a court of this state. Acts 2001, No. 617, § 4; 2009, No. 1367, § 16.

(a) (1) The violation of any provision of this chapter and performing or offering to perform any work or service in violation of this chapter or any provision thereof is declared to constitute a nuisance and a threat to the public health, safety, and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the courts of this state, even though the violation may be punishable by fine. (2) The intention of this section is to provide a speedy means of protecting the public.

(1) The violation of any provision of this chapter and performing or offering to perform any work or service in violation of this chapter or any provision thereof is declared to constitute a nuisance and a threat to the public health, safety, and welfare and may be enjoined by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in the courts of this state, even though the violation may be punishable by fine.

(2) The intention of this section is to provide a speedy means of protecting the public.

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

Acts 2001, No. 617, § 4; 2009, No. 1367, § 16.
Ark. Code Ann. § 17-35-104 — AR Code / Title 17 / Chapter 35 / Subchapter 1 / Section 17-35-104
Exemptions - Use of the title
Status: in_force

(a) This subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 do not apply to persons holding themselves out as "interior decorators" or offering "interior decorating services" such as selection or assistance in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or loose furnishings not subject to regulation under applicable building codes. (b) This subchapter and §§ 17-35-301 - 17-35-305 do not apply to architects licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers provided that the architects do not refer to themselves as "registered interior designers" unless registered under this subchapter and §§ 17-35-301 - 17-35-305 . (c) This subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 do not prevent any person from rendering interior design services, provided such a person does not use the title of "registered interior designer" unless registered under this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 . Acts 1993, No. 847, § 13; 2009, No. 1367, § 11; 2011, No. 859, § 5.

(a) This subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 do not apply to persons holding themselves out as "interior decorators" or offering "interior decorating services" such as selection or assistance in selecting surface materials, window treatments, wall coverings, paint, floor coverings, surface-mounted lighting, or loose furnishings not subject to regulation under applicable building codes.

(b) This subchapter and §§ 17-35-301 - 17-35-305 do not apply to architects licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers provided that the architects do not refer to themselves as "registered interior designers" unless registered under this subchapter and §§ 17-35-301 - 17-35-305 .

(c) This subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 do not prevent any person from rendering interior design services, provided such a person does not use the title of "registered interior designer" unless registered under this subchapter, § 17-15-201 et seq., and §§ 17-35-301 - 17-35-305 .

Acts 1993, No. 847, § 13; 2009, No. 1367, § 11; 2011, No. 859, § 5.
Ark. Code Ann. § 17-15-304 — AR Code / Title 17 / Chapter 15 / Subchapter 3 / Section 17-15-304
Examinations
Status: in_force

(a) To be registered and licensed, an applicant must pass an examination for licensure. (b) (1) To be qualified for admission to an examination to practice architecture in the State of Arkansas, an applicant shall be at least twenty-one (21) years of age. (2) In addition, the applicant shall have all the qualifications required for admission to either the written examination or the senior examination of the National Council of Architectural Registration Boards. (c) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers is empowered to make all necessary rules governing the content, grading, time, place, and method of conducting the examinations and may adopt the examinations and recommended grading procedures of the National Council of Architectural Registration Boards. Amended by Act 2019, No. 315,§ 1346, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 17, eff. 7/24/2019. Acts 1941, No. 270, § 4; 1971, No. 582, § 2; A.S.A. 1947, § 71-304; Acts 1993, No. 1219, § 2.

(a) To be registered and licensed, an applicant must pass an examination for licensure.

(b) (1) To be qualified for admission to an examination to practice architecture in the State of Arkansas, an applicant shall be at least twenty-one (21) years of age. (2) In addition, the applicant shall have all the qualifications required for admission to either the written examination or the senior examination of the National Council of Architectural Registration Boards.

(1) To be qualified for admission to an examination to practice architecture in the State of Arkansas, an applicant shall be at least twenty-one (21) years of age.

(2) In addition, the applicant shall have all the qualifications required for admission to either the written examination or the senior examination of the National Council of Architectural Registration Boards.

(c) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers is empowered to make all necessary rules governing the content, grading, time, place, and method of conducting the examinations and may adopt the examinations and recommended grading procedures of the National Council of Architectural Registration Boards.

Amended by Act 2019, No. 315,§ 1346, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 17, eff. 7/24/2019.

Acts 1941, No. 270, § 4; 1971, No. 582, § 2; A.S.A. 1947, § 71-304; Acts 1993, No. 1219, § 2.
Ark. Code Ann. § 17-92-203 — AR Code / Title 17 / Chapter 92 / Subchapter 2 / Section 17-92-203
Members - Compensation
Status: in_force

Members of the Arkansas State Board of Pharmacy may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1957, No. 230, § 3; 1979, No. 751, § 2; 1983, No. 511, § 4; A.S.A. 1947, § 72-1002.3; Acts 1991, No. 740, § 4; 1997, No. 250, § 164.

Members of the Arkansas State Board of Pharmacy may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Acts 1957, No. 230, § 3; 1979, No. 751, § 2; 1983, No. 511, § 4; A.S.A. 1947, § 72-1002.3; Acts 1991, No. 740, § 4; 1997, No. 250, § 164.
Ark. Code Ann. § 17-13-107 — AR Code / Title 17 / Chapter 13 / Section 17-13-107
Requirements for licensing
Status: in_force

(a) (1) No person may provide agricultural consulting for a fee that is directly tied to and identifiable with agricultural consulting without a license issued by the State Plant Board under this chapter. (2) A person who provides agricultural consulting without charging a fee may be licensed under this chapter if the person meets the requirements of this chapter. (b) Within the first year after August 12, 2005, a person may be licensed as an agricultural consultant if the person: (1) Is currently licensed as an agricultural consultant by the board; (2) Is certified under the Certified Crop Advisors Program of the American Society of Agronomy; (3) Is certified by the National Alliance of Independent Crop Consultants; or (4) Has at least five (5) years of agricultural consultant-related experience. (c) From two (2) to five (5) years after August 12, 2005, a person may be licensed as an agricultural consultant if the person: (1) Has completed two (2) full years of training at a college or university acceptable to the board, with at least nine (9) semester hours of credit or their equivalent in appropriate agricultural disciplines; (2) Has three (3) years of experience in the field of crop management; and (3) Passes a written examination administered by the board or by certified crop advisors. (d) Beyond the fifth year after August 12, 2005, a person may be licensed as an agricultural consultant if: (1) The person has: (A) A minimum of a bachelor's degree in a board-approved crop related field and two (2) years of experience working in the field of crop management; or (B) Seven (7) years of continuous experience working for a licensed agricultural consultant after August 12, 2005; and (2) The person passes a written examination administered by the board or by certified crop advisors. Acts 1987, No. 609, § 5; 2005, No. 857, § 5.

(a) (1) No person may provide agricultural consulting for a fee that is directly tied to and identifiable with agricultural consulting without a license issued by the State Plant Board under this chapter. (2) A person who provides agricultural consulting without charging a fee may be licensed under this chapter if the person meets the requirements of this chapter.

(1) No person may provide agricultural consulting for a fee that is directly tied to and identifiable with agricultural consulting without a license issued by the State Plant Board under this chapter.

(2) A person who provides agricultural consulting without charging a fee may be licensed under this chapter if the person meets the requirements of this chapter.

(b) Within the first year after August 12, 2005, a person may be licensed as an agricultural consultant if the person: (1) Is currently licensed as an agricultural consultant by the board; (2) Is certified under the Certified Crop Advisors Program of the American Society of Agronomy; (3) Is certified by the National Alliance of Independent Crop Consultants; or (4) Has at least five (5) years of agricultural consultant-related experience.

(1) Is currently licensed as an agricultural consultant by the board;

(2) Is certified under the Certified Crop Advisors Program of the American Society of Agronomy;

(3) Is certified by the National Alliance of Independent Crop Consultants; or

(4) Has at least five (5) years of agricultural consultant-related experience.

(c) From two (2) to five (5) years after August 12, 2005, a person may be licensed as an agricultural consultant if the person: (1) Has completed two (2) full years of training at a college or university acceptable to the board, with at least nine (9) semester hours of credit or their equivalent in appropriate agricultural disciplines; (2) Has three (3) years of experience in the field of crop management; and (3) Passes a written examination administered by the board or by certified crop advisors.

(1) Has completed two (2) full years of training at a college or university acceptable to the board, with at least nine (9) semester hours of credit or their equivalent in appropriate agricultural disciplines;

(2) Has three (3) years of experience in the field of crop management; and

(3) Passes a written examination administered by the board or by certified crop advisors.

(d) Beyond the fifth year after August 12, 2005, a person may be licensed as an agricultural consultant if: (1) The person has: (A) A minimum of a bachelor's degree in a board-approved crop related field and two (2) years of experience working in the field of crop management; or (B) Seven (7) years of continuous experience working for a licensed agricultural consultant after August 12, 2005; and (2) The person passes a written examination administered by the board or by certified crop advisors.

(1) The person has: (A) A minimum of a bachelor's degree in a board-approved crop related field and two (2) years of experience working in the field of crop management; or (B) Seven (7) years of continuous experience working for a licensed agricultural consultant after August 12, 2005; and

(A) A minimum of a bachelor's degree in a board-approved crop related field and two (2) years of experience working in the field of crop management; or

(B) Seven (7) years of continuous experience working for a licensed agricultural consultant after August 12, 2005; and

(2) The person passes a written examination administered by the board or by certified crop advisors.

Acts 1987, No. 609, § 5; 2005, No. 857, § 5.
Ark. Code Ann. § 17-102-304 — AR Code / Title 17 / Chapter 102 / Subchapter 3 / Section 17-102-304
Application - Fees - Qualifications
Status: in_force

(a) (1) No person shall be licensed to practice acupuncture and related techniques unless he or she has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the Arkansas State Board of Acupuncture and Related Techniques. (2) (A) Applications for a license to practice acupuncture and related techniques in the State of Arkansas pursuant to this chapter shall be made to the Secretary of the Arkansas State Board of Acupuncture and Related Techniques in writing on forms furnished by the board. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths. (3) Before any applicant shall be eligible for an examination, the applicant shall furnish satisfactory proof to the board that he or she: (A) Has successfully completed not fewer than sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science; and (B) Has completed a program in acupuncture and related techniques and has received a certificate or diploma from an institute approved by the board as described in this section. The training received in the program shall be for a period of no fewer than four (4) academic years and shall include a minimum of eight hundred (800) hours of supervised clinical practice. (b) Before approval of an institute of acupuncture and related techniques, the board shall determine that the institute meets standards of professional education. These standards shall provide that the institute: (1) Require, as a prerequisite to graduation, a program of study of at least four (4) academic years; (2) Meet the minimum requirements of a board-approved national accrediting body; (3) Require participation in a carefully supervised clinical or internship program; and (4) Confer a certificate, diploma, or degree in acupuncture and related techniques only after personal attendance in classes and clinics. (c) To qualify to take the examination, an applicant additionally must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a legal resident; (3) Not have had a license to practice acupuncture and related techniques in any other state suspended or revoked nor have been placed on probation for any cause; (4) Not have been convicted of a felony listed under § 17-3-102 ; and (5) Not be a habitual user of intoxicants, drugs, or hallucinatory preparations. (d) The board may charge the following fees: (1) Initial application for licensing, a fee not to exceed two hundred fifty dollars ($250); (2) Written and practical examination not including the cost of the nationally recognized examination, a fee not to exceed three hundred fifty dollars ($350); (3) Biennial licensing renewal, a fee not to exceed four hundred dollars ($400); (4) Late renewal more than thirty (30) days, but not later than one (1) year, after expiration of a license, which late fee is in addition to any other fees, a fee not to exceed one hundred dollars ($100); (5) Reciprocal licensing, a fee not to exceed seven hundred fifty dollars ($750); (6) Annual continuing education provider registration, a fee not to exceed two hundred dollars ($200); and (7) Any and all fees to cover reasonable and necessary administrative expenses. (e) (1) (A) If the applicant is approved, the applicant shall be admitted for examination. (B) Should the applicant pass the examination, no part of the fee shall be returned, and the applicant shall be issued a license to practice acupuncture and related techniques in accordance with this chapter. (C) Should an applicant be approved but fail to appear for the examination, no part of his or her fee shall be returned, but the applicant shall be eligible for examination at a later date. (D) Should the approved applicant fail the examination, no part of his or her fee shall be returned, and the applicant shall be eligible for reexamination at a later date, at the discretion of the board, upon paying an examination fee of fifty dollars ($50.00) per failed subject up to one hundred fifty dollars ($150). (2) If the applicant is not approved, the application and one-half (1/2) of the examination fee shall be returned to the applicant with the reasons for the disapproval clearly stated. Amended by Act 2019, No. 990,§ 122, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 121, eff. 7/24/2019. Acts 1997, No. 816, § 17.

(a) (1) No person shall be licensed to practice acupuncture and related techniques unless he or she has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the Arkansas State Board of Acupuncture and Related Techniques. (2) (A) Applications for a license to practice acupuncture and related techniques in the State of Arkansas pursuant to this chapter shall be made to the Secretary of the Arkansas State Board of Acupuncture and Related Techniques in writing on forms furnished by the board. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths. (3) Before any applicant shall be eligible for an examination, the applicant shall furnish satisfactory proof to the board that he or she: (A) Has successfully completed not fewer than sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science; and (B) Has completed a program in acupuncture and related techniques and has received a certificate or diploma from an institute approved by the board as described in this section. The training received in the program shall be for a period of no fewer than four (4) academic years and shall include a minimum of eight hundred (800) hours of supervised clinical practice.

(1) No person shall be licensed to practice acupuncture and related techniques unless he or she has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the Arkansas State Board of Acupuncture and Related Techniques.

(2) (A) Applications for a license to practice acupuncture and related techniques in the State of Arkansas pursuant to this chapter shall be made to the Secretary of the Arkansas State Board of Acupuncture and Related Techniques in writing on forms furnished by the board. (B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.

(A) Applications for a license to practice acupuncture and related techniques in the State of Arkansas pursuant to this chapter shall be made to the Secretary of the Arkansas State Board of Acupuncture and Related Techniques in writing on forms furnished by the board.

(B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.

(3) Before any applicant shall be eligible for an examination, the applicant shall furnish satisfactory proof to the board that he or she: (A) Has successfully completed not fewer than sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science; and (B) Has completed a program in acupuncture and related techniques and has received a certificate or diploma from an institute approved by the board as described in this section. The training received in the program shall be for a period of no fewer than four (4) academic years and shall include a minimum of eight hundred (800) hours of supervised clinical practice.

(A) Has successfully completed not fewer than sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science; and

(B) Has completed a program in acupuncture and related techniques and has received a certificate or diploma from an institute approved by the board as described in this section. The training received in the program shall be for a period of no fewer than four (4) academic years and shall include a minimum of eight hundred (800) hours of supervised clinical practice.

(b) Before approval of an institute of acupuncture and related techniques, the board shall determine that the institute meets standards of professional education. These standards shall provide that the institute: (1) Require, as a prerequisite to graduation, a program of study of at least four (4) academic years; (2) Meet the minimum requirements of a board-approved national accrediting body; (3) Require participation in a carefully supervised clinical or internship program; and (4) Confer a certificate, diploma, or degree in acupuncture and related techniques only after personal attendance in classes and clinics.

(1) Require, as a prerequisite to graduation, a program of study of at least four (4) academic years;

(2) Meet the minimum requirements of a board-approved national accrediting body;

(3) Require participation in a carefully supervised clinical or internship program; and

(4) Confer a certificate, diploma, or degree in acupuncture and related techniques only after personal attendance in classes and clinics.

(c) To qualify to take the examination, an applicant additionally must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a legal resident; (3) Not have had a license to practice acupuncture and related techniques in any other state suspended or revoked nor have been placed on probation for any cause; (4) Not have been convicted of a felony listed under § 17-3-102 ; and (5) Not be a habitual user of intoxicants, drugs, or hallucinatory preparations.

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

(2) Be a citizen of the United States or a legal resident;

(3) Not have had a license to practice acupuncture and related techniques in any other state suspended or revoked nor have been placed on probation for any cause;

(4) Not have been convicted of a felony listed under § 17-3-102 ; and

(5) Not be a habitual user of intoxicants, drugs, or hallucinatory preparations.

(d) The board may charge the following fees: (1) Initial application for licensing, a fee not to exceed two hundred fifty dollars ($250); (2) Written and practical examination not including the cost of the nationally recognized examination, a fee not to exceed three hundred fifty dollars ($350); (3) Biennial licensing renewal, a fee not to exceed four hundred dollars ($400); (4) Late renewal more than thirty (30) days, but not later than one (1) year, after expiration of a license, which late fee is in addition to any other fees, a fee not to exceed one hundred dollars ($100); (5) Reciprocal licensing, a fee not to exceed seven hundred fifty dollars ($750); (6) Annual continuing education provider registration, a fee not to exceed two hundred dollars ($200); and (7) Any and all fees to cover reasonable and necessary administrative expenses.

(1) Initial application for licensing, a fee not to exceed two hundred fifty dollars ($250);

(2) Written and practical examination not including the cost of the nationally recognized examination, a fee not to exceed three hundred fifty dollars ($350);

(3) Biennial licensing renewal, a fee not to exceed four hundred dollars ($400);

(4) Late renewal more than thirty (30) days, but not later than one (1) year, after expiration of a license, which late fee is in addition to any other fees, a fee not to exceed one hundred dollars ($100);

(5) Reciprocal licensing, a fee not to exceed seven hundred fifty dollars ($750);

(6) Annual continuing education provider registration, a fee not to exceed two hundred dollars ($200); and

(7) Any and all fees to cover reasonable and necessary administrative expenses.

(e) (1) (A) If the applicant is approved, the applicant shall be admitted for examination. (B) Should the applicant pass the examination, no part of the fee shall be returned, and the applicant shall be issued a license to practice acupuncture and related techniques in accordance with this chapter. (C) Should an applicant be approved but fail to appear for the examination, no part of his or her fee shall be returned, but the applicant shall be eligible for examination at a later date. (D) Should the approved applicant fail the examination, no part of his or her fee shall be returned, and the applicant shall be eligible for reexamination at a later date, at the discretion of the board, upon paying an examination fee of fifty dollars ($50.00) per failed subject up to one hundred fifty dollars ($150). (2) If the applicant is not approved, the application and one-half (1/2) of the examination fee shall be returned to the applicant with the reasons for the disapproval clearly stated.

(1) (A) If the applicant is approved, the applicant shall be admitted for examination. (B) Should the applicant pass the examination, no part of the fee shall be returned, and the applicant shall be issued a license to practice acupuncture and related techniques in accordance with this chapter. (C) Should an applicant be approved but fail to appear for the examination, no part of his or her fee shall be returned, but the applicant shall be eligible for examination at a later date. (D) Should the approved applicant fail the examination, no part of his or her fee shall be returned, and the applicant shall be eligible for reexamination at a later date, at the discretion of the board, upon paying an examination fee of fifty dollars ($50.00) per failed subject up to one hundred fifty dollars ($150).

(A) If the applicant is approved, the applicant shall be admitted for examination.

(B) Should the applicant pass the examination, no part of the fee shall be returned, and the applicant shall be issued a license to practice acupuncture and related techniques in accordance with this chapter.

(C) Should an applicant be approved but fail to appear for the examination, no part of his or her fee shall be returned, but the applicant shall be eligible for examination at a later date.

(D) Should the approved applicant fail the examination, no part of his or her fee shall be returned, and the applicant shall be eligible for reexamination at a later date, at the discretion of the board, upon paying an examination fee of fifty dollars ($50.00) per failed subject up to one hundred fifty dollars ($150).

(2) If the applicant is not approved, the application and one-half (1/2) of the examination fee shall be returned to the applicant with the reasons for the disapproval clearly stated.

Amended by Act 2019, No. 990,§ 122, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 121, eff. 7/24/2019.

Acts 1997, No. 816, § 17.
Ark. Code Ann. § 17-16-116 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-116
Civil remedies
Status: in_force

(a) With respect to any athlete agent who has had either a criminal or administrative penalty imposed against him or her under the Uniform Athlete Agents Act, § 17-16-101 et seq., as adopted by the State of Arkansas or any other State, in two (2) or more prior instances: (1) an educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this subchapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees; (2) damages of an educational institution under paragraph (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization; (3) a right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete; and (4) any liability of the athlete agent or the former student-athlete under this section is several and not joint. (b) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity. Acts 2001, No. 1622, § 14.

(a) With respect to any athlete agent who has had either a criminal or administrative penalty imposed against him or her under the Uniform Athlete Agents Act, § 17-16-101 et seq., as adopted by the State of Arkansas or any other State, in two (2) or more prior instances: (1) an educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this subchapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees; (2) damages of an educational institution under paragraph (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization; (3) a right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete; and (4) any liability of the athlete agent or the former student-athlete under this section is several and not joint.

(1) an educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this subchapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees;

(2) damages of an educational institution under paragraph (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization;

(3) a right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete; and

(4) any liability of the athlete agent or the former student-athlete under this section is several and not joint.

(b) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity.

Acts 2001, No. 1622, § 14.
Ark. Code Ann. § 17-101-305 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-305
Veterinarians - Denial, suspension, or revocation of license
Status: in_force

(a) Upon written complaint by any person or on the Arkansas Livestock and Poultry Commission's own motion and after notice and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the commission may deny, suspend for a definite period, revoke the license of any veterinarian, or impose a civil penalty for: (1) Fraud, misrepresentation, or deception in obtaining a license or permit; (2) Adjudication of insanity; (3) Use of advertising or solicitation which is false, misleading, or otherwise deemed unprofessional under rules promulgated by the commission; (4) (A) Conviction of a felony listed under § 17-3-102 . (B) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence; (5) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (6) Having professional association with or employing any person practicing veterinary medicine unlawfully; (7) Fraud or dishonesty in the application or reporting of any test for disease in animals; (8) Failure to maintain professional premises and equipment in a clean and sanitary condition in compliance with rules promulgated by the commission; (9) Dishonesty or gross negligence in the inspection of foodstuffs or in the issuance of health or inspection certificates; (10) Cruelty to animals; (11) Unprofessional conduct by violation of a rule promulgated by the commission under this chapter; (12) Being unable to practice as a veterinarian with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (13) Revocation, suspension, surrender, or other disciplinary sanction of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of a registration fee or suspension of privileges by any other regulatory agency including the failure to report any such adverse action to the commission within sixty (60) days of the final action; (14) The use, prescription, or sale of any veterinary prescription drug or the prescription of an extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship; (15) Overtreating patients or charging for services which did not occur unless the services were contracted for in advance or for services which were not rendered or documented in the patient's records or charging for services which were not consented to by the owner of the patient or the owner's agent; (16) (A) Failing to furnish details of a patient's medical records to another treating veterinarian, hospital, clinic, owner, or owner's agent upon proper request or waiver by the owner or owner's agent or failing to comply with any other law relating to medical records. (B) However, X-rays prepared by the licensed veterinarian shall remain the property of the veterinarian and shall be returned upon request or as otherwise agreed between the veterinarian and client; (17) Failure of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee; (18) Failure to comply with any subpoena or subpoena duces tecum from the commission, or an order of the commission; (19) Failure to timely pay license or registration renewal fees as specified in § 17-101-309 ; (20) Violating a probation agreement with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency; or (21) Violating any informal consent agreement for discipline entered into by an applicant or licensee with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency. (b) At the discretion of the commission, any person whose license is suspended or revoked by the commission under this section may be relicensed or reinstated by the commission at any time upon written application to the commission showing cause to justify relicensing or reinstatement. (c) (1) Upon suspension or revocation of a license, the actual license certificate must be surrendered to the commission within thirty (30) days of the commission's order unless the action is appealed and a stay is issued. (2) If the commission prevails upon appeal or the stay is lifted, the license certificate shall be surrendered within ten (10) days of the final order of the court. Amended by Act 2023, No. 691,§ 157, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1661, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1660, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1659, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 120, eff. 7/24/2019. Acts 1975, No. 650, § 13; A.S.A. 1947, § 72-1144; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 3; 2001, No. 1741, § 5.

(a) Upon written complaint by any person or on the Arkansas Livestock and Poultry Commission's own motion and after notice and hearing as prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the commission may deny, suspend for a definite period, revoke the license of any veterinarian, or impose a civil penalty for: (1) Fraud, misrepresentation, or deception in obtaining a license or permit; (2) Adjudication of insanity; (3) Use of advertising or solicitation which is false, misleading, or otherwise deemed unprofessional under rules promulgated by the commission; (4) (A) Conviction of a felony listed under § 17-3-102 . (B) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence; (5) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (6) Having professional association with or employing any person practicing veterinary medicine unlawfully; (7) Fraud or dishonesty in the application or reporting of any test for disease in animals; (8) Failure to maintain professional premises and equipment in a clean and sanitary condition in compliance with rules promulgated by the commission; (9) Dishonesty or gross negligence in the inspection of foodstuffs or in the issuance of health or inspection certificates; (10) Cruelty to animals; (11) Unprofessional conduct by violation of a rule promulgated by the commission under this chapter; (12) Being unable to practice as a veterinarian with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition; (13) Revocation, suspension, surrender, or other disciplinary sanction of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of a registration fee or suspension of privileges by any other regulatory agency including the failure to report any such adverse action to the commission within sixty (60) days of the final action; (14) The use, prescription, or sale of any veterinary prescription drug or the prescription of an extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship; (15) Overtreating patients or charging for services which did not occur unless the services were contracted for in advance or for services which were not rendered or documented in the patient's records or charging for services which were not consented to by the owner of the patient or the owner's agent; (16) (A) Failing to furnish details of a patient's medical records to another treating veterinarian, hospital, clinic, owner, or owner's agent upon proper request or waiver by the owner or owner's agent or failing to comply with any other law relating to medical records. (B) However, X-rays prepared by the licensed veterinarian shall remain the property of the veterinarian and shall be returned upon request or as otherwise agreed between the veterinarian and client; (17) Failure of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee; (18) Failure to comply with any subpoena or subpoena duces tecum from the commission, or an order of the commission; (19) Failure to timely pay license or registration renewal fees as specified in § 17-101-309 ; (20) Violating a probation agreement with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency; or (21) Violating any informal consent agreement for discipline entered into by an applicant or licensee with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency.

(1) Fraud, misrepresentation, or deception in obtaining a license or permit;

(2) Adjudication of insanity;

(3) Use of advertising or solicitation which is false, misleading, or otherwise deemed unprofessional under rules promulgated by the commission;

(4) (A) Conviction of a felony listed under § 17-3-102 . (B) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence;

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

(B) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence;

(5) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine;

(6) Having professional association with or employing any person practicing veterinary medicine unlawfully;

(7) Fraud or dishonesty in the application or reporting of any test for disease in animals;

(8) Failure to maintain professional premises and equipment in a clean and sanitary condition in compliance with rules promulgated by the commission;

(9) Dishonesty or gross negligence in the inspection of foodstuffs or in the issuance of health or inspection certificates;

(10) Cruelty to animals;

(11) Unprofessional conduct by violation of a rule promulgated by the commission under this chapter;

(12) Being unable to practice as a veterinarian with reasonable skill and safety to patients because of illness, the use of drugs, alcohol, narcotics, or chemicals, or as a result of any mental or physical condition;

(13) Revocation, suspension, surrender, or other disciplinary sanction of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of a registration fee or suspension of privileges by any other regulatory agency including the failure to report any such adverse action to the commission within sixty (60) days of the final action;

(14) The use, prescription, or sale of any veterinary prescription drug or the prescription of an extra-label use of any over-the-counter drug in the absence of a valid veterinarian-client-patient relationship;

(15) Overtreating patients or charging for services which did not occur unless the services were contracted for in advance or for services which were not rendered or documented in the patient's records or charging for services which were not consented to by the owner of the patient or the owner's agent;

(16) (A) Failing to furnish details of a patient's medical records to another treating veterinarian, hospital, clinic, owner, or owner's agent upon proper request or waiver by the owner or owner's agent or failing to comply with any other law relating to medical records. (B) However, X-rays prepared by the licensed veterinarian shall remain the property of the veterinarian and shall be returned upon request or as otherwise agreed between the veterinarian and client;

(A) Failing to furnish details of a patient's medical records to another treating veterinarian, hospital, clinic, owner, or owner's agent upon proper request or waiver by the owner or owner's agent or failing to comply with any other law relating to medical records.

(B) However, X-rays prepared by the licensed veterinarian shall remain the property of the veterinarian and shall be returned upon request or as otherwise agreed between the veterinarian and client;

(17) Failure of any applicant or licensee to cooperate with the commission during any investigation, if the investigation does not concern the applicant or licensee;

(18) Failure to comply with any subpoena or subpoena duces tecum from the commission, or an order of the commission;

(19) Failure to timely pay license or registration renewal fees as specified in § 17-101-309 ;

(20) Violating a probation agreement with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency; or

(21) Violating any informal consent agreement for discipline entered into by an applicant or licensee with the commission or any other licensing authority of this state, another state or territory of the United States, or a federal agency.

(b) At the discretion of the commission, any person whose license is suspended or revoked by the commission under this section may be relicensed or reinstated by the commission at any time upon written application to the commission showing cause to justify relicensing or reinstatement.

(c) (1) Upon suspension or revocation of a license, the actual license certificate must be surrendered to the commission within thirty (30) days of the commission's order unless the action is appealed and a stay is issued. (2) If the commission prevails upon appeal or the stay is lifted, the license certificate shall be surrendered within ten (10) days of the final order of the court.

(1) Upon suspension or revocation of a license, the actual license certificate must be surrendered to the commission within thirty (30) days of the commission's order unless the action is appealed and a stay is issued.

(2) If the commission prevails upon appeal or the stay is lifted, the license certificate shall be surrendered within ten (10) days of the final order of the court.

Amended by Act 2023, No. 691,§ 157, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1661, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1660, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1659, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 120, eff. 7/24/2019.

Acts 1975, No. 650, § 13; A.S.A. 1947, § 72-1144; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 3; 2001, No. 1741, § 5.
Ark. Code Ann. § 17-107-106 — AR Code / Title 17 / Chapter 107 / Subchapter 1 / Section 17-107-106
Civil penalty and injunction
Status: in_force

(a) (1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may levy a civil penalty not to exceed one thousand dollars ($1,000) for each violation of this chapter or rules promulgated under this chapter against any individual found by the board to be in violation of this chapter or rules promulgated under this chapter. (2) Each day a violation continues is a separate offense. (3) Unless the civil penalty imposed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of the unpaid civil penalty. (4) (A) The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section. (B) The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter. (b) (1) The board may petition any circuit court having jurisdiction over an individual who is practicing without a license as required by this chapter, an individual to whom a license has been denied, or an individual whose license has been suspended or revoked by action of the board under this chapter to enjoin the individual from continuing to practice within this state. (2) (A) The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section. (B) The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter. Acts 2007, No. 174, § 1.

(a) (1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may levy a civil penalty not to exceed one thousand dollars ($1,000) for each violation of this chapter or rules promulgated under this chapter against any individual found by the board to be in violation of this chapter or rules promulgated under this chapter. (2) Each day a violation continues is a separate offense. (3) Unless the civil penalty imposed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of the unpaid civil penalty. (4) (A) The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section. (B) The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

(1) The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may levy a civil penalty not to exceed one thousand dollars ($1,000) for each violation of this chapter or rules promulgated under this chapter against any individual found by the board to be in violation of this chapter or rules promulgated under this chapter.

(2) Each day a violation continues is a separate offense.

(3) Unless the civil penalty imposed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of the unpaid civil penalty.

(4) (A) The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section. (B) The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

(A) The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section.

(B) The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

(b) (1) The board may petition any circuit court having jurisdiction over an individual who is practicing without a license as required by this chapter, an individual to whom a license has been denied, or an individual whose license has been suspended or revoked by action of the board under this chapter to enjoin the individual from continuing to practice within this state. (2) (A) The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section. (B) The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

(1) The board may petition any circuit court having jurisdiction over an individual who is practicing without a license as required by this chapter, an individual to whom a license has been denied, or an individual whose license has been suspended or revoked by action of the board under this chapter to enjoin the individual from continuing to practice within this state.

(2) (A) The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section. (B) The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

(A) The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section.

(B) The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.

Acts 2007, No. 174, § 1.
Ark. Code Ann. § 17-39-313 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-313
Division of Arkansas State Police administration - Powers and duties
Status: in_force

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated within this subchapter with respect to the licensing of certified voice stress analysis examiners and perform all other acts incidental and necessary to the proper performance of the functions and duties as prescribed in this subchapter. (b) The director shall issue rules consistent with this subchapter for the administration and enforcement of this subchapter and shall prescribe and issue forms in connection with this subchapter. (c) The director shall have no financial, personal, or business interests, contingent or otherwise, in an entity licensed under this subchapter. (d) The director or his or her designee is the agent for service of process for all legal process and documents required by law to be served in conjunction with this subchapter. (e) The director may grant, deny, suspend, or revoke any license issued under this subchapter and levy fines for violation of the licensing provisions of this subchapter. Amended by Act 2019, No. 910,§ 5958, eff. 7/1/2019. Amended by Act 2015, No. 1156,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 393,§ 38, eff. 9/1/2015. Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated within this subchapter with respect to the licensing of certified voice stress analysis examiners and perform all other acts incidental and necessary to the proper performance of the functions and duties as prescribed in this subchapter.

(b) The director shall issue rules consistent with this subchapter for the administration and enforcement of this subchapter and shall prescribe and issue forms in connection with this subchapter.

(c) The director shall have no financial, personal, or business interests, contingent or otherwise, in an entity licensed under this subchapter.

(d) The director or his or her designee is the agent for service of process for all legal process and documents required by law to be served in conjunction with this subchapter.

(e) The director may grant, deny, suspend, or revoke any license issued under this subchapter and levy fines for violation of the licensing provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5958, eff. 7/1/2019.

Amended by Act 2015, No. 1156,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 393,§ 38, eff. 9/1/2015.

Added by Act 2013, No. 1472,§ 7, eff. 8/16/2013.
Ark. Code Ann. § 17-50-401 — AR Code / Title 17 / Chapter 50 / Subchapter 4 / Section 17-50-401
Title
Status: in_force

This subchapter may be known and cited as the "Arkansas Water Well Rig Confiscation Act". Acts 2003, No. 855, § 1.

This subchapter may be known and cited as the "Arkansas Water Well Rig Confiscation Act".

Acts 2003, No. 855, § 1.
Ark. Code Ann. § 17-82-110 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-110
Administration of fluoride varnish by physicians and nurses
Status: in_force

(a) Following a risk assessment of the child's oral health approved by the Department of Health, a physician may apply fluoride varnish to a child's teeth after the physician has completed training on dental caries risk assessment and fluoride varnish application approved by the department. (b) Under physician supervision approved by the department, fluoride varnish application may be delegated to a nurse or other licensed healthcare professional who has completed training on dental caries risk assessment and fluoride varnish application approved by the department. Acts 2011, No. 90, § 1.

(a) Following a risk assessment of the child's oral health approved by the Department of Health, a physician may apply fluoride varnish to a child's teeth after the physician has completed training on dental caries risk assessment and fluoride varnish application approved by the department.

(b) Under physician supervision approved by the department, fluoride varnish application may be delegated to a nurse or other licensed healthcare professional who has completed training on dental caries risk assessment and fluoride varnish application approved by the department.

Acts 2011, No. 90, § 1.
Ark. Code Ann. § 17-80-203 — AR Code / Title 17 / Chapter 80 / Subchapter 2 / Section 17-80-203
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Arkansas State Medical Board with reference to physicians and the Arkansas State Board of Dental Examiners with reference to dentists; (2) "Dentists' health committee" means a dentist committee of the Arkansas State Dental Association composed of dentists who have expertise in the area of alcoholism, drug abuse, or mental illness, and that has been designated by the Arkansas State Dental Association to perform any and all of the activities set forth in subdivision (4) of this section; (3) "Impaired" or "impairment" means the presence of the diseases of alcoholism, drug abuse, or mental illness; (4) "Impaired dentist program" means the Arkansas State Dental Association-sponsored program for the detection, intervention, and monitoring of impaired dentists; (5) "Impaired physician program" means the Arkansas Medical Society, Inc.-sponsored program for the detection, intervention, and monitoring of impaired physicians; (6) "Physicians' health committee" means a physician committee of the Arkansas Medical Society, Inc. composed of physicians who have expertise in the area of alcoholism, drug abuse, or mental illness, and that has been designated by the Arkansas Medical Society, Inc. to perform any and all activities set forth in subdivision (5) of this section; (7) (A) "Professional incompetence" means the inability or failure of a physician or dentist to practice his or her respective professions with reasonable skill and safety. (B) Impairment in and of itself shall not give rise to a presumption of professional incompetence; and (8) "Treatment program" means a plan of care and rehabilitation services provided by those organizations and persons authorized to provide such services for impaired physicians and dentists taking part in the programs provided under this subchapter. Amended by Act 2017, No. 252,§ 12, eff. 8/1/2017. Acts 1993, No. 1220, § 3.

As used in this subchapter:

(1) "Board" means the Arkansas State Medical Board with reference to physicians and the Arkansas State Board of Dental Examiners with reference to dentists;

(2) "Dentists' health committee" means a dentist committee of the Arkansas State Dental Association composed of dentists who have expertise in the area of alcoholism, drug abuse, or mental illness, and that has been designated by the Arkansas State Dental Association to perform any and all of the activities set forth in subdivision (4) of this section;

(3) "Impaired" or "impairment" means the presence of the diseases of alcoholism, drug abuse, or mental illness;

(4) "Impaired dentist program" means the Arkansas State Dental Association-sponsored program for the detection, intervention, and monitoring of impaired dentists;

(5) "Impaired physician program" means the Arkansas Medical Society, Inc.-sponsored program for the detection, intervention, and monitoring of impaired physicians;

(6) "Physicians' health committee" means a physician committee of the Arkansas Medical Society, Inc. composed of physicians who have expertise in the area of alcoholism, drug abuse, or mental illness, and that has been designated by the Arkansas Medical Society, Inc. to perform any and all activities set forth in subdivision (5) of this section;

(7) (A) "Professional incompetence" means the inability or failure of a physician or dentist to practice his or her respective professions with reasonable skill and safety. (B) Impairment in and of itself shall not give rise to a presumption of professional incompetence; and

(A) "Professional incompetence" means the inability or failure of a physician or dentist to practice his or her respective professions with reasonable skill and safety.

(B) Impairment in and of itself shall not give rise to a presumption of professional incompetence; and

(8) "Treatment program" means a plan of care and rehabilitation services provided by those organizations and persons authorized to provide such services for impaired physicians and dentists taking part in the programs provided under this subchapter.

Amended by Act 2017, No. 252,§ 12, eff. 8/1/2017.

Acts 1993, No. 1220, § 3.
Ark. Code Ann. § 17-22-101 — AR Code / Title 17 / Chapter 22 / Subchapter 1 / Section 17-22-101
Definitions
Status: in_force

As used in this chapter: (1) "Amateur" means a person who has never received nor competed for any purse or other compensation in an amount that exceeds the sum established by the State Athletic Commission in its rules for: (A) Expenses of training; or (B) Participating in a combative sports contest or exhibition; (2) "Boxing" means to compete with the fists; (3) (A) "Combative sports" means boxing, kick boxing, wrestling, martial arts, Muay Thai, or any combination thereof, or any form of hand-to-hand, elbow-and-foot, or foot-and-leg competition in which: (i) A blow is struck which may reasonably be expected to inflict injury; or (ii) A surface for fighting is used that may reasonably be expected to inflict injury. (B) "Combative sports" does not include student training or an exhibition of a student's skill when: (i) Conducted by a martial arts school or an association of martial arts schools; (ii) The student's participation is for health and recreational purposes rather than competition; (iii) The intent is to use only partial contact; and (iv) The scoring technique is based only on points. (C) "Combative sports" does not include professional wrestling; (4) "Exhibition" means any engagement in which the participants show or display their skills without necessarily striving to win; (5) "Kick boxing" means any form of boxing in which blows are delivered with the hand and any part of the leg below the hip, including the foot; (6) "Manager" means any person who directly or indirectly controls or administers the combative sports affairs of any professional participant of the same; (7) "Martial arts" or "mixed martial arts" means any discipline in which the participants utilize kicks, punches, blows, strikes, or other techniques, including without limitation any form of judo, kung fu, karate, and tae kwon do, ju jitsu, or any combination thereof; (8) "Match" means any engagement in which the participants show or display their skills while striving in good faith to win; (9) "Person" means any individual, partnership, corporation, association, or club; (10) "Professional" means an individual who is eighteen (18) years of age or older and who, as a means of obtaining pecuniary gain: (A) Competes for money, prizes, or purses in combative sports contests or exhibitions; or (B) Teaches, instructs, or assists in the practice of professional combative sports; (11) "Professional wrestling" means an event or form of combat between two (2) or more participants, whether the outcome is predetermined or not, in which a participant: (A) Delivers or appears to deliver blows to his or her opponent's body; (B) Executes throws to his or her opponent's body; or (C) Applies holds to his or her opponent's body; (12) "Promoter" means any person, club, organization, corporation, or association, and in the case of a corporate promoter includes any officer, director, employee, or stockholder thereof who produces, arranges, or stages any professional boxing, kick boxing, wrestling, or martial arts match or exhibition; and (13) "Wrestling" means any form of combat between two (2) or more participants in which a participant delivers blows to his or her opponent's body, executes throws to his or her opponent's body, or applies holds to his or her opponent's body. Amended by Act 2019, No. 923,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 7, eff. 7/24/2019. Amended by Act 2017, No. 252,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1096,§ 1, eff. 8/16/2013. Acts 1999, No. 1085, § 1; 2009, No. 781, § 1.

As used in this chapter:

(1) "Amateur" means a person who has never received nor competed for any purse or other compensation in an amount that exceeds the sum established by the State Athletic Commission in its rules for: (A) Expenses of training; or (B) Participating in a combative sports contest or exhibition;

(A) Expenses of training; or

(B) Participating in a combative sports contest or exhibition;

(2) "Boxing" means to compete with the fists;

(3) (A) "Combative sports" means boxing, kick boxing, wrestling, martial arts, Muay Thai, or any combination thereof, or any form of hand-to-hand, elbow-and-foot, or foot-and-leg competition in which: (i) A blow is struck which may reasonably be expected to inflict injury; or (ii) A surface for fighting is used that may reasonably be expected to inflict injury. (B) "Combative sports" does not include student training or an exhibition of a student's skill when: (i) Conducted by a martial arts school or an association of martial arts schools; (ii) The student's participation is for health and recreational purposes rather than competition; (iii) The intent is to use only partial contact; and (iv) The scoring technique is based only on points. (C) "Combative sports" does not include professional wrestling;

(A) "Combative sports" means boxing, kick boxing, wrestling, martial arts, Muay Thai, or any combination thereof, or any form of hand-to-hand, elbow-and-foot, or foot-and-leg competition in which: (i) A blow is struck which may reasonably be expected to inflict injury; or (ii) A surface for fighting is used that may reasonably be expected to inflict injury.

(i) A blow is struck which may reasonably be expected to inflict injury; or

(ii) A surface for fighting is used that may reasonably be expected to inflict injury.

(B) "Combative sports" does not include student training or an exhibition of a student's skill when: (i) Conducted by a martial arts school or an association of martial arts schools; (ii) The student's participation is for health and recreational purposes rather than competition; (iii) The intent is to use only partial contact; and (iv) The scoring technique is based only on points.

(i) Conducted by a martial arts school or an association of martial arts schools;

(ii) The student's participation is for health and recreational purposes rather than competition;

(iii) The intent is to use only partial contact; and

(iv) The scoring technique is based only on points.

(C) "Combative sports" does not include professional wrestling;

(4) "Exhibition" means any engagement in which the participants show or display their skills without necessarily striving to win;

(5) "Kick boxing" means any form of boxing in which blows are delivered with the hand and any part of the leg below the hip, including the foot;

(6) "Manager" means any person who directly or indirectly controls or administers the combative sports affairs of any professional participant of the same;

(7) "Martial arts" or "mixed martial arts" means any discipline in which the participants utilize kicks, punches, blows, strikes, or other techniques, including without limitation any form of judo, kung fu, karate, and tae kwon do, ju jitsu, or any combination thereof;

(8) "Match" means any engagement in which the participants show or display their skills while striving in good faith to win;

(9) "Person" means any individual, partnership, corporation, association, or club;

(10) "Professional" means an individual who is eighteen (18) years of age or older and who, as a means of obtaining pecuniary gain: (A) Competes for money, prizes, or purses in combative sports contests or exhibitions; or (B) Teaches, instructs, or assists in the practice of professional combative sports;

(A) Competes for money, prizes, or purses in combative sports contests or exhibitions; or

(B) Teaches, instructs, or assists in the practice of professional combative sports;

(11) "Professional wrestling" means an event or form of combat between two (2) or more participants, whether the outcome is predetermined or not, in which a participant: (A) Delivers or appears to deliver blows to his or her opponent's body; (B) Executes throws to his or her opponent's body; or (C) Applies holds to his or her opponent's body;

(A) Delivers or appears to deliver blows to his or her opponent's body;

(B) Executes throws to his or her opponent's body; or

(C) Applies holds to his or her opponent's body;

(12) "Promoter" means any person, club, organization, corporation, or association, and in the case of a corporate promoter includes any officer, director, employee, or stockholder thereof who produces, arranges, or stages any professional boxing, kick boxing, wrestling, or martial arts match or exhibition; and

(13) "Wrestling" means any form of combat between two (2) or more participants in which a participant delivers blows to his or her opponent's body, executes throws to his or her opponent's body, or applies holds to his or her opponent's body.

Amended by Act 2019, No. 923,§ 1, eff. 7/24/2019.

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

Amended by Act 2017, No. 252,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1096,§ 1, eff. 8/16/2013.

Acts 1999, No. 1085, § 1; 2009, No. 781, § 1.
Ark. Code Ann. § 17-84-202 — AR Code / Title 17 / Chapter 84 / Subchapter 2 / Section 17-84-202
Organization and proceedings
Status: in_force

(a) (1) The Arkansas Board of Hearing Instrument Dispensers shall meet at least two (2) times a year at times and places to be designated by the board and upon such notice as the board may prescribe. (2) The board shall elect a chair, vice chair, and secretary-treasurer annually, each to serve in his or her respective capacity for one (1) year. (b) (1) A majority of the members of the board, when properly convened, may conduct business of the board. (2) The board may appoint one (1) or more of its members or any other person it deems appropriate as examiners for the purpose of hearing evidence, reporting findings thereon, and making recommendations to the entire board for a decision on any matter over which the board has authority. (c) The board shall keep a record of all of its proceedings and transactions and shall annually make a report to the Secretary of the Department of Health showing all receipts and disbursements and a summary of all business transacted during the year. Amended by Act 2021, No. 159,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 4876, eff. 7/1/2019. Acts 1969, No. 197, §§ 1, 15; A.S.A. 1947, §§ 72-1701, 72-1715; Acts 1991, No. 46, § 1.

(a) (1) The Arkansas Board of Hearing Instrument Dispensers shall meet at least two (2) times a year at times and places to be designated by the board and upon such notice as the board may prescribe. (2) The board shall elect a chair, vice chair, and secretary-treasurer annually, each to serve in his or her respective capacity for one (1) year.

(1) The Arkansas Board of Hearing Instrument Dispensers shall meet at least two (2) times a year at times and places to be designated by the board and upon such notice as the board may prescribe.

(2) The board shall elect a chair, vice chair, and secretary-treasurer annually, each to serve in his or her respective capacity for one (1) year.

(b) (1) A majority of the members of the board, when properly convened, may conduct business of the board. (2) The board may appoint one (1) or more of its members or any other person it deems appropriate as examiners for the purpose of hearing evidence, reporting findings thereon, and making recommendations to the entire board for a decision on any matter over which the board has authority.

(1) A majority of the members of the board, when properly convened, may conduct business of the board.

(2) The board may appoint one (1) or more of its members or any other person it deems appropriate as examiners for the purpose of hearing evidence, reporting findings thereon, and making recommendations to the entire board for a decision on any matter over which the board has authority.

(c) The board shall keep a record of all of its proceedings and transactions and shall annually make a report to the Secretary of the Department of Health showing all receipts and disbursements and a summary of all business transacted during the year.

Amended by Act 2021, No. 159,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 4876, eff. 7/1/2019.

Acts 1969, No. 197, §§ 1, 15; A.S.A. 1947, §§ 72-1701, 72-1715; Acts 1991, No. 46, § 1.
Ark. Code Ann. § 17-80-108 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-108
Disciplinary or corrective measures
Status: in_force

(a) Any assistance rendered with any execution carried out pursuant to § 5-4-617 by any licensed healthcare professional, including, but not limited to, physicians, nurses, and pharmacists, shall not be cause for any disciplinary or corrective measures by any board or commission created by the state or governed by state law which oversees or regulates the practice of healthcare professionals, including, but not limited to, the Arkansas State Medical Board, the Arkansas State Board of Nursing, and the Arkansas State Board of Pharmacy. (b) The infliction of the punishment of death by administration of the required lethal substances in the manner required by § 5-4-617 shall not be construed to be the practice of medicine. Acts 1995, No. 651, § 1.

(a) Any assistance rendered with any execution carried out pursuant to § 5-4-617 by any licensed healthcare professional, including, but not limited to, physicians, nurses, and pharmacists, shall not be cause for any disciplinary or corrective measures by any board or commission created by the state or governed by state law which oversees or regulates the practice of healthcare professionals, including, but not limited to, the Arkansas State Medical Board, the Arkansas State Board of Nursing, and the Arkansas State Board of Pharmacy.

(b) The infliction of the punishment of death by administration of the required lethal substances in the manner required by § 5-4-617 shall not be construed to be the practice of medicine.

Acts 1995, No. 651, § 1.
Ark. Code Ann. § 17-93-312 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-312
Continuing education requirements
Status: in_force

(a) All licensed physical therapists and licensed physical therapist assistants shall complete continuing education for licensure renewal as established in the rules of the Arkansas State Board of Physical Therapy. (b) (1) The board shall approve continuing education units and their program content. (2) The board may require the payment of reasonable fees for review and approval of continuing education programs. Acts 1997, No. 744, § 2; 2009, No. 1471, § 9.

(a) All licensed physical therapists and licensed physical therapist assistants shall complete continuing education for licensure renewal as established in the rules of the Arkansas State Board of Physical Therapy.

(b) (1) The board shall approve continuing education units and their program content. (2) The board may require the payment of reasonable fees for review and approval of continuing education programs.

(1) The board shall approve continuing education units and their program content.

(2) The board may require the payment of reasonable fees for review and approval of continuing education programs.

Acts 1997, No. 744, § 2; 2009, No. 1471, § 9.
Ark. Code Ann. § 17-25-503 — AR Code / Title 17 / Chapter 25 / Subchapter 5 / Section 17-25-503
Committee established - Members - Expenses - Administrative support
Status: in_force

(a) (1) There is created the Residential Contractors Committee, to consist of seven (7) members. (2) (A) (i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction. (ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section. (iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large. (iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate. (B) (i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting. (ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age. (iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate. (iv) These two (2) positions may not be held by the same person. (v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations. (C) The members shall serve three-year terms. No member may serve more than three (3) three-year terms. (3) (A) The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. (B) Officers shall be elected by the committee annually. (4) Three (3) voting members shall constitute a quorum. (b) Committee members shall receive the same expense reimbursement and stipend as provided to the Contractors Licensing Board under the procedures prescribed by § 25-16-901 et seq. Expenses and stipends shall be paid by the board. (c) The Governor shall make appointments to fill vacancies in the same manner as appointments were made under subsection (a) of this section. Persons appointed to fill vacancies shall serve the unexpired term of office and shall possess the same qualifications as if they were being appointed to a full term on the committee. (d) The board shall provide staff and administrative support for the committee. Amended by Act 2015, No. 1100,§ 23, eff. 7/22/2015. Acts 1999, No. 950, § 1; 2003, No. 203, § 1; 2005, No. 1962, § 73; 2007, No. 84, § 1; 2011, No. 1208, § 3.

(a) (1) There is created the Residential Contractors Committee, to consist of seven (7) members. (2) (A) (i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction. (ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section. (iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large. (iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate. (B) (i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting. (ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age. (iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate. (iv) These two (2) positions may not be held by the same person. (v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations. (C) The members shall serve three-year terms. No member may serve more than three (3) three-year terms. (3) (A) The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. (B) Officers shall be elected by the committee annually. (4) Three (3) voting members shall constitute a quorum.

(1) There is created the Residential Contractors Committee, to consist of seven (7) members.

(2) (A) (i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction. (ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section. (iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large. (iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate. (B) (i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting. (ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age. (iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate. (iv) These two (2) positions may not be held by the same person. (v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations. (C) The members shall serve three-year terms. No member may serve more than three (3) three-year terms.

(A) (i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction. (ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section. (iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large. (iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate.

(i) The Governor shall appoint five (5) persons, each of whom has at least five (5) years' experience in residential construction.

(ii) The Governor shall consult the statewide trade organization or organizations that represent the residential construction industry before making an appointment under this section.

(iii) Of the five (5) residential construction members, one (1) member shall be appointed from each of the four (4) congressional districts, and the remaining member shall be appointed from the state at large.

(iv) The appointments made under this subdivision (a)(2)(A) shall be subject to confirmation by the Senate.

(B) (i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting. (ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age. (iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate. (iv) These two (2) positions may not be held by the same person. (v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations.

(i) Two (2) members of the committee shall not be actively engaged in or retired from the profession of residential contracting.

(ii) One (1) shall represent consumers, and the other shall be at least sixty (60) years of age.

(iii) Both shall be appointed by the Governor from the state at large, subject to confirmation by the Senate.

(iv) These two (2) positions may not be held by the same person.

(v) Members appointed to these two (2) positions shall be full voting members but shall not participate in the grading of examinations.

(C) The members shall serve three-year terms. No member may serve more than three (3) three-year terms.

(3) (A) The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year. (B) Officers shall be elected by the committee annually.

(A) The committee shall elect a chair, vice chair, and secretary, each to serve in his or her respective capacity for one (1) year.

(B) Officers shall be elected by the committee annually.

(4) Three (3) voting members shall constitute a quorum.

(b) Committee members shall receive the same expense reimbursement and stipend as provided to the Contractors Licensing Board under the procedures prescribed by § 25-16-901 et seq. Expenses and stipends shall be paid by the board.

(c) The Governor shall make appointments to fill vacancies in the same manner as appointments were made under subsection (a) of this section. Persons appointed to fill vacancies shall serve the unexpired term of office and shall possess the same qualifications as if they were being appointed to a full term on the committee.

(d) The board shall provide staff and administrative support for the committee.

Amended by Act 2015, No. 1100,§ 23, eff. 7/22/2015.

Acts 1999, No. 950, § 1; 2003, No. 203, § 1; 2005, No. 1962, § 73; 2007, No. 84, § 1; 2011, No. 1208, § 3.
Ark. Code Ann. § 17-39-305 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-305
Fees
Status: in_force

(a) (1) Except as provided under subdivision (a)(2) of this section, the applicant for licensure under this subchapter shall pay the following fees: (A) For an initial two-year voice stress analysis examiner's license, one hundred twenty dollars ($120); (B) For a two-year renewal of a voice stress analysis examiner's license, fifty dollars ($50.00); (C) For the issuance of an optional wallet-sized voice stress analysis examiner's license photo identification card, fifteen dollars ($15.00); (D) For the issuance of a duplicate voice stress analysis examiner's license, ten dollars ($10.00); and (E) For renewal of a license that has been expired for less than six (6) months, a late fee of twenty dollars ($20.00). (2) A certified law enforcement officer or correctional employee who is a full-time employee of a law enforcement agency or correctional agency and who is applying for his or her license as a certified voice stress analysis examiner to be used solely in conjunction with his or her employment is not required to pay the fee under subdivisions (a)(1)(A) and (B) of this section. (b) (1) All fees received by the Director of the Division of Arkansas State Police under this subchapter are nonrefundable and shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year. Amended by Act 2021, No. 936,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5952, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 30, eff. 9/1/2015. Amended by Act 2013, No. 1472,§ 3, eff. 8/16/2013. Acts 1987, No. 858, §§ 3, 4.

(a) (1) Except as provided under subdivision (a)(2) of this section, the applicant for licensure under this subchapter shall pay the following fees: (A) For an initial two-year voice stress analysis examiner's license, one hundred twenty dollars ($120); (B) For a two-year renewal of a voice stress analysis examiner's license, fifty dollars ($50.00); (C) For the issuance of an optional wallet-sized voice stress analysis examiner's license photo identification card, fifteen dollars ($15.00); (D) For the issuance of a duplicate voice stress analysis examiner's license, ten dollars ($10.00); and (E) For renewal of a license that has been expired for less than six (6) months, a late fee of twenty dollars ($20.00). (2) A certified law enforcement officer or correctional employee who is a full-time employee of a law enforcement agency or correctional agency and who is applying for his or her license as a certified voice stress analysis examiner to be used solely in conjunction with his or her employment is not required to pay the fee under subdivisions (a)(1)(A) and (B) of this section.

(1) Except as provided under subdivision (a)(2) of this section, the applicant for licensure under this subchapter shall pay the following fees: (A) For an initial two-year voice stress analysis examiner's license, one hundred twenty dollars ($120); (B) For a two-year renewal of a voice stress analysis examiner's license, fifty dollars ($50.00); (C) For the issuance of an optional wallet-sized voice stress analysis examiner's license photo identification card, fifteen dollars ($15.00); (D) For the issuance of a duplicate voice stress analysis examiner's license, ten dollars ($10.00); and (E) For renewal of a license that has been expired for less than six (6) months, a late fee of twenty dollars ($20.00).

(A) For an initial two-year voice stress analysis examiner's license, one hundred twenty dollars ($120);

(B) For a two-year renewal of a voice stress analysis examiner's license, fifty dollars ($50.00);

(C) For the issuance of an optional wallet-sized voice stress analysis examiner's license photo identification card, fifteen dollars ($15.00);

(D) For the issuance of a duplicate voice stress analysis examiner's license, ten dollars ($10.00); and

(E) For renewal of a license that has been expired for less than six (6) months, a late fee of twenty dollars ($20.00).

(2) A certified law enforcement officer or correctional employee who is a full-time employee of a law enforcement agency or correctional agency and who is applying for his or her license as a certified voice stress analysis examiner to be used solely in conjunction with his or her employment is not required to pay the fee under subdivisions (a)(1)(A) and (B) of this section.

(b) (1) All fees received by the Director of the Division of Arkansas State Police under this subchapter are nonrefundable and shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.

(1) All fees received by the Director of the Division of Arkansas State Police under this subchapter are nonrefundable and shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

(2) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.

Amended by Act 2021, No. 936,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5952, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 30, eff. 9/1/2015.

Amended by Act 2013, No. 1472,§ 3, eff. 8/16/2013.

Acts 1987, No. 858, §§ 3, 4.
Ark. Code Ann. § 17-101-306 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-306
Veterinary technician, veterinary technologist, and veterinary technician specialist - Certification
Status: in_force

(a) A person shall not assist in the practice of veterinary medicine as a veterinary technician or veterinary technologist without first applying for and obtaining a certification from the Arkansas Livestock and Poultry Commission and having his or her employment with a licensed veterinarian registered with the commission. (b) (1) An applicant for certification as a veterinary technician or veterinary technologist in this state may make written application to the commission showing that he or she is: (A) A citizen of the United States or an applicant for citizenship; and (B) A person of moral integrity and acceptable ethical standards. (2) The application for certification as a veterinary technician or veterinary technologist in the State of Arkansas shall be written, signed by the applicant, and submitted to the commission at least thirty (30) days before the examination, including without limitation the information set forth in this subdivision (b)(2), and the application shall be accompanied by a nonrefundable application fee established by the commission: (A) A current photograph of the applicant; (B) (i) A copy of the applicant's diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association. (ii) If the applicant has not graduated at the time of application, an affidavit from the program certifying the applicant's ability to graduate may be accepted with a copy of the diploma or its equivalent submitted upon availability; (C) A certified copy of college transcripts; (D) A passing score on the National Board Examination or Veterinary Technician National Examination, or future equivalent, reported through the American Association of Veterinary State Boards or its successor; and (E) A letter of recommendation signed by a veterinarian who is licensed in this state or another state, territory, or district of the United States and notarized. (3) This section does not prevent the commission from issuing a certification by endorsement to an applicant who: (A) Holds a certification, or its equivalent, as a veterinary technician or veterinary technologist in another state, territory, or district of the United States; (B) Is not a respondent in any pending or unresolved board action in any state, territory, or district of the United States; (C) Has a passing score on the National Board Examination or Veterinary Technician National Examination, or its future equivalent, reported through the American Association of Veterinary State Boards or its successor; (D) Submits a completed application, including without limitation a letter of recommendation that is: (i) Signed by a veterinarian; (ii) Notarized by a notary public; and (iii) Accompanied by a nonrefundable application fee established by the commission; and (E) Signs a statement attesting that he or she has read and understands this chapter and the rules adopted by the commission governing the practice of veterinary medicine in Arkansas. (c) (1) A veterinary technician or veterinary technologist shall annually register his or her employment with the commission, stating: (A) His or her name and current address; (B) The name and office address of both his or her employer and the supervising licensed veterinarian; and (C) Any additional information required by the commission. (2) Upon any change of employment as a veterinary technician or veterinary technologist, the certification is inactive until: (A) New employment as a veterinary technician or veterinary technologist has been obtained; and (B) The commission has been notified in writing of the new employment. (d) (1) A veterinary technician or veterinary technologist shall perform veterinary technology under the direction, supervision, and responsibility of the licensed veterinarian with whom he or she is employed. (2) Supervision of a veterinary technician or veterinary technologist may be direct supervision, indirect supervision, or immediate supervision. (3) A veterinarian who utilizes indirect supervision of a veterinary technician or veterinary technologist shall: (A) Retain control of and authority over the care of the animal; and (B) Review all recordkeeping and notes documented by the veterinary technician or veterinary technologist on the charts regarding the care of the animal. (e) The commission shall promulgate rules to establish the appropriate level of supervision under which a veterinary technician or veterinary technologist can perform veterinary technology. (f) (1) A licensed veterinarian using, supervising, or employing a veterinary technician or veterinary technologist is individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician or veterinary technologist. (2) This subsection does not relieve a veterinary technician or veterinary technologist of any responsibility and liability for any of his or her own acts and omissions. (g) A licensed veterinarian shall not establish a separate office or clinic in a location other than his or her regular office and place the separate office or clinic under the control or supervision of a veterinary technician or veterinary technologist. (h) (1) This section does not prevent a licensed veterinarian from utilizing the services of an employee to perform services not requiring the skill and judgment of a veterinary technician, veterinary technologist, or veterinary technician specialist, if the services performed by the employee are under the direct personal supervision of a licensed veterinarian. (2) An employee described under subdivision (h)(1) of this section shall not be identified as a "veterinary technician", "animal technician", "technician", "veterinary technologist", "animal technologist", "technologist", or "veterinary technician specialist". (i) A veterinary technician, veterinary technologist, or veterinary technician specialist shall not receive a fee or other compensation for veterinary services or veterinary technology services other than the salary or other compensation paid to the veterinary technician, veterinary technologist, or veterinary technician specialist by the veterinary clinic, veterinary practice, or veterinarian by which he or she is employed. (j) [Repealed.] Amended by Act 2023, No. 161,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 691,§ 160, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 159, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 158, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1662, eff. 7/24/2019. Amended by Act 2019, No. 169,§ 2, eff. 7/24/2019. Acts 1975, No. 650, § 9; A.S.A. 1947, § 72-1140; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 4.

(a) A person shall not assist in the practice of veterinary medicine as a veterinary technician or veterinary technologist without first applying for and obtaining a certification from the Arkansas Livestock and Poultry Commission and having his or her employment with a licensed veterinarian registered with the commission.

(b) (1) An applicant for certification as a veterinary technician or veterinary technologist in this state may make written application to the commission showing that he or she is: (A) A citizen of the United States or an applicant for citizenship; and (B) A person of moral integrity and acceptable ethical standards. (2) The application for certification as a veterinary technician or veterinary technologist in the State of Arkansas shall be written, signed by the applicant, and submitted to the commission at least thirty (30) days before the examination, including without limitation the information set forth in this subdivision (b)(2), and the application shall be accompanied by a nonrefundable application fee established by the commission: (A) A current photograph of the applicant; (B) (i) A copy of the applicant's diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association. (ii) If the applicant has not graduated at the time of application, an affidavit from the program certifying the applicant's ability to graduate may be accepted with a copy of the diploma or its equivalent submitted upon availability; (C) A certified copy of college transcripts; (D) A passing score on the National Board Examination or Veterinary Technician National Examination, or future equivalent, reported through the American Association of Veterinary State Boards or its successor; and (E) A letter of recommendation signed by a veterinarian who is licensed in this state or another state, territory, or district of the United States and notarized. (3) This section does not prevent the commission from issuing a certification by endorsement to an applicant who: (A) Holds a certification, or its equivalent, as a veterinary technician or veterinary technologist in another state, territory, or district of the United States; (B) Is not a respondent in any pending or unresolved board action in any state, territory, or district of the United States; (C) Has a passing score on the National Board Examination or Veterinary Technician National Examination, or its future equivalent, reported through the American Association of Veterinary State Boards or its successor; (D) Submits a completed application, including without limitation a letter of recommendation that is: (i) Signed by a veterinarian; (ii) Notarized by a notary public; and (iii) Accompanied by a nonrefundable application fee established by the commission; and (E) Signs a statement attesting that he or she has read and understands this chapter and the rules adopted by the commission governing the practice of veterinary medicine in Arkansas.

(1) An applicant for certification as a veterinary technician or veterinary technologist in this state may make written application to the commission showing that he or she is: (A) A citizen of the United States or an applicant for citizenship; and (B) A person of moral integrity and acceptable ethical standards.

(A) A citizen of the United States or an applicant for citizenship; and

(B) A person of moral integrity and acceptable ethical standards.

(2) The application for certification as a veterinary technician or veterinary technologist in the State of Arkansas shall be written, signed by the applicant, and submitted to the commission at least thirty (30) days before the examination, including without limitation the information set forth in this subdivision (b)(2), and the application shall be accompanied by a nonrefundable application fee established by the commission: (A) A current photograph of the applicant; (B) (i) A copy of the applicant's diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association. (ii) If the applicant has not graduated at the time of application, an affidavit from the program certifying the applicant's ability to graduate may be accepted with a copy of the diploma or its equivalent submitted upon availability; (C) A certified copy of college transcripts; (D) A passing score on the National Board Examination or Veterinary Technician National Examination, or future equivalent, reported through the American Association of Veterinary State Boards or its successor; and (E) A letter of recommendation signed by a veterinarian who is licensed in this state or another state, territory, or district of the United States and notarized.

(A) A current photograph of the applicant;

(B) (i) A copy of the applicant's diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association. (ii) If the applicant has not graduated at the time of application, an affidavit from the program certifying the applicant's ability to graduate may be accepted with a copy of the diploma or its equivalent submitted upon availability;

(i) A copy of the applicant's diploma or its equivalent from a college-level program accredited by the American Veterinary Medical Association.

(ii) If the applicant has not graduated at the time of application, an affidavit from the program certifying the applicant's ability to graduate may be accepted with a copy of the diploma or its equivalent submitted upon availability;

(C) A certified copy of college transcripts;

(D) A passing score on the National Board Examination or Veterinary Technician National Examination, or future equivalent, reported through the American Association of Veterinary State Boards or its successor; and

(E) A letter of recommendation signed by a veterinarian who is licensed in this state or another state, territory, or district of the United States and notarized.

(3) This section does not prevent the commission from issuing a certification by endorsement to an applicant who: (A) Holds a certification, or its equivalent, as a veterinary technician or veterinary technologist in another state, territory, or district of the United States; (B) Is not a respondent in any pending or unresolved board action in any state, territory, or district of the United States; (C) Has a passing score on the National Board Examination or Veterinary Technician National Examination, or its future equivalent, reported through the American Association of Veterinary State Boards or its successor; (D) Submits a completed application, including without limitation a letter of recommendation that is: (i) Signed by a veterinarian; (ii) Notarized by a notary public; and (iii) Accompanied by a nonrefundable application fee established by the commission; and (E) Signs a statement attesting that he or she has read and understands this chapter and the rules adopted by the commission governing the practice of veterinary medicine in Arkansas.

(A) Holds a certification, or its equivalent, as a veterinary technician or veterinary technologist in another state, territory, or district of the United States;

(B) Is not a respondent in any pending or unresolved board action in any state, territory, or district of the United States;

(C) Has a passing score on the National Board Examination or Veterinary Technician National Examination, or its future equivalent, reported through the American Association of Veterinary State Boards or its successor;

(D) Submits a completed application, including without limitation a letter of recommendation that is: (i) Signed by a veterinarian; (ii) Notarized by a notary public; and (iii) Accompanied by a nonrefundable application fee established by the commission; and

(i) Signed by a veterinarian;

(ii) Notarized by a notary public; and

(iii) Accompanied by a nonrefundable application fee established by the commission; and

(E) Signs a statement attesting that he or she has read and understands this chapter and the rules adopted by the commission governing the practice of veterinary medicine in Arkansas.

(c) (1) A veterinary technician or veterinary technologist shall annually register his or her employment with the commission, stating: (A) His or her name and current address; (B) The name and office address of both his or her employer and the supervising licensed veterinarian; and (C) Any additional information required by the commission. (2) Upon any change of employment as a veterinary technician or veterinary technologist, the certification is inactive until: (A) New employment as a veterinary technician or veterinary technologist has been obtained; and (B) The commission has been notified in writing of the new employment.

(1) A veterinary technician or veterinary technologist shall annually register his or her employment with the commission, stating: (A) His or her name and current address; (B) The name and office address of both his or her employer and the supervising licensed veterinarian; and (C) Any additional information required by the commission.

(A) His or her name and current address;

(B) The name and office address of both his or her employer and the supervising licensed veterinarian; and

(C) Any additional information required by the commission.

(2) Upon any change of employment as a veterinary technician or veterinary technologist, the certification is inactive until: (A) New employment as a veterinary technician or veterinary technologist has been obtained; and (B) The commission has been notified in writing of the new employment.

(A) New employment as a veterinary technician or veterinary technologist has been obtained; and

(B) The commission has been notified in writing of the new employment.

(d) (1) A veterinary technician or veterinary technologist shall perform veterinary technology under the direction, supervision, and responsibility of the licensed veterinarian with whom he or she is employed. (2) Supervision of a veterinary technician or veterinary technologist may be direct supervision, indirect supervision, or immediate supervision. (3) A veterinarian who utilizes indirect supervision of a veterinary technician or veterinary technologist shall: (A) Retain control of and authority over the care of the animal; and (B) Review all recordkeeping and notes documented by the veterinary technician or veterinary technologist on the charts regarding the care of the animal.

(1) A veterinary technician or veterinary technologist shall perform veterinary technology under the direction, supervision, and responsibility of the licensed veterinarian with whom he or she is employed.

(2) Supervision of a veterinary technician or veterinary technologist may be direct supervision, indirect supervision, or immediate supervision.

(3) A veterinarian who utilizes indirect supervision of a veterinary technician or veterinary technologist shall: (A) Retain control of and authority over the care of the animal; and (B) Review all recordkeeping and notes documented by the veterinary technician or veterinary technologist on the charts regarding the care of the animal.

(A) Retain control of and authority over the care of the animal; and

(B) Review all recordkeeping and notes documented by the veterinary technician or veterinary technologist on the charts regarding the care of the animal.

(e) The commission shall promulgate rules to establish the appropriate level of supervision under which a veterinary technician or veterinary technologist can perform veterinary technology.

(f) (1) A licensed veterinarian using, supervising, or employing a veterinary technician or veterinary technologist is individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician or veterinary technologist. (2) This subsection does not relieve a veterinary technician or veterinary technologist of any responsibility and liability for any of his or her own acts and omissions.

(1) A licensed veterinarian using, supervising, or employing a veterinary technician or veterinary technologist is individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician or veterinary technologist.

(2) This subsection does not relieve a veterinary technician or veterinary technologist of any responsibility and liability for any of his or her own acts and omissions.

(g) A licensed veterinarian shall not establish a separate office or clinic in a location other than his or her regular office and place the separate office or clinic under the control or supervision of a veterinary technician or veterinary technologist.

(h) (1) This section does not prevent a licensed veterinarian from utilizing the services of an employee to perform services not requiring the skill and judgment of a veterinary technician, veterinary technologist, or veterinary technician specialist, if the services performed by the employee are under the direct personal supervision of a licensed veterinarian. (2) An employee described under subdivision (h)(1) of this section shall not be identified as a "veterinary technician", "animal technician", "technician", "veterinary technologist", "animal technologist", "technologist", or "veterinary technician specialist".

(1) This section does not prevent a licensed veterinarian from utilizing the services of an employee to perform services not requiring the skill and judgment of a veterinary technician, veterinary technologist, or veterinary technician specialist, if the services performed by the employee are under the direct personal supervision of a licensed veterinarian.

(2) An employee described under subdivision (h)(1) of this section shall not be identified as a "veterinary technician", "animal technician", "technician", "veterinary technologist", "animal technologist", "technologist", or "veterinary technician specialist".

(i) A veterinary technician, veterinary technologist, or veterinary technician specialist shall not receive a fee or other compensation for veterinary services or veterinary technology services other than the salary or other compensation paid to the veterinary technician, veterinary technologist, or veterinary technician specialist by the veterinary clinic, veterinary practice, or veterinarian by which he or she is employed.

(j) [Repealed.]

Amended by Act 2023, No. 161,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 691,§ 160, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 159, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 158, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1662, eff. 7/24/2019.

Amended by Act 2019, No. 169,§ 2, eff. 7/24/2019.

Acts 1975, No. 650, § 9; A.S.A. 1947, § 72-1140; Acts 1993, No. 1198, § 1; 1995, No. 1348, § 4.
Ark. Code Ann. § 17-93-403 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-403
Penalties
Status: in_force

(a) Any person who violates a provision of this subchapter is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than one hundred eighty (180) days, or both. (b) After notice and hearing, the Arkansas State Board of Athletic Training is also authorized to levy a civil penalty against any person licensed under the provisions of this subchapter after a finding that the person has violated any of the provisions of this subchapter or any rules promulgated by the board. (c) Civil penalties assessed by the board shall be no more than one thousand dollars ($1,000) per incident. (d) In addition to any other sanctions authorized by this subchapter, the board may impose a civil penalty as provided in this section against any unlicensed person practicing or offering to practice any actions requiring licensure pursuant to the provisions of this subchapter. Amended by Act 2019, No. 315,§ 1608, eff. 7/24/2019. Acts 1995, No. 1279, § 3; 2001, No. 1124, § 9.

(a) Any person who violates a provision of this subchapter is guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than one hundred eighty (180) days, or both.

(b) After notice and hearing, the Arkansas State Board of Athletic Training is also authorized to levy a civil penalty against any person licensed under the provisions of this subchapter after a finding that the person has violated any of the provisions of this subchapter or any rules promulgated by the board.

(c) Civil penalties assessed by the board shall be no more than one thousand dollars ($1,000) per incident.

(d) In addition to any other sanctions authorized by this subchapter, the board may impose a civil penalty as provided in this section against any unlicensed person practicing or offering to practice any actions requiring licensure pursuant to the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 1608, eff. 7/24/2019.

Acts 1995, No. 1279, § 3; 2001, No. 1124, § 9.
Ark. Code Ann. § 17-50-105 — AR Code / Title 17 / Chapter 50 / Subchapter 1 / Section 17-50-105
Criminal penalties
Status: in_force

(a) Any person who violates § 17-50-104 shall be guilty of a Class A misdemeanor. (b) Any person who violates any other provision of this chapter, rules issued under this chapter, or order pursuant to this chapter shall be guilty of a Class B misdemeanor. (c) Every day, or any part of a day, in which the violation occurs shall constitute a separate offense. (d) Any person found guilty of a Class A or Class B misdemeanor for violation of any provision of this chapter who continues to engage in the behavior or activity giving rise to violation shall be guilty of a Class D felony for the second or any subsequent offense. (e) Persons described in this section may be arrested by any sheriff, constable, chief of police, or other law enforcement officer of this state or any political subdivision of this state. Amended by Act 2019, No. 315,§ 1477, eff. 7/24/2019. Acts 1969, No. 641, § 18; A.S.A. 1947, § 21-2018; Acts 2003, No. 297, § 3.

(a) Any person who violates § 17-50-104 shall be guilty of a Class A misdemeanor.

(b) Any person who violates any other provision of this chapter, rules issued under this chapter, or order pursuant to this chapter shall be guilty of a Class B misdemeanor.

(c) Every day, or any part of a day, in which the violation occurs shall constitute a separate offense.

(d) Any person found guilty of a Class A or Class B misdemeanor for violation of any provision of this chapter who continues to engage in the behavior or activity giving rise to violation shall be guilty of a Class D felony for the second or any subsequent offense.

(e) Persons described in this section may be arrested by any sheriff, constable, chief of police, or other law enforcement officer of this state or any political subdivision of this state.

Amended by Act 2019, No. 315,§ 1477, eff. 7/24/2019.

Acts 1969, No. 641, § 18; A.S.A. 1947, § 21-2018; Acts 2003, No. 297, § 3.
Ark. Code Ann. § 17-95-1004 — AR Code / Title 17 / Chapter 95 / Subchapter 10 / Section 17-95-1004
Title protection
Status: in_force

A person shall not use or assume the title "registered surgical technologist" unless the person is registered with the Arkansas State Medical Board. Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.

A person shall not use or assume the title "registered surgical technologist" unless the person is registered with the Arkansas State Medical Board.

Added by Act 2017, No. 390,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-87-804 — AR Code / Title 17 / Chapter 87 / Subchapter 8 / Section 17-87-804
Alternative to discipline program - Program coordinator duties - Board review
Status: in_force

(a) The Arkansas State Board of Nursing shall create an alternative to discipline program which shall: (1) Serve as a diversion program to which the board may refer participants when appropriate in lieu of or in addition to other disciplinary action; and (2) Be a source of referral for participants who, on a strictly voluntary basis, desire to avail themselves of its services. (b) The board may perform the following duties and powers while operating the alternative to discipline program: (1) Approve addiction evaluators and treatment programs available through the alternative to discipline program; (2) Contract with providers of treatment programs; (3) Receive and evaluate reports of suspected impairment, regardless of the source of the report; (4) Intervene in cases of verified impairment; (5) Refer impaired individuals to the program coordinator of the alternative to discipline program or another treatment program, or both; (6) Monitor the treatment and rehabilitation of impaired participants and the post-treatment of impaired participants who are rehabilitated; and (7) Perform other activities deemed necessary to accomplish the purposes of this subchapter. (c) (1) The board shall employ a program coordinator to organize and administer the alternative to discipline program. (2) The program coordinator shall: (A) Review and evaluate individuals who request participation in or are recommended for the alternative to discipline program; (B) Review and designate treatment facilities and services to which participants in the alternative to discipline program may be referred; (C) Receive and review information relating to the participation of participants in the alternative to discipline program; (D) Prepare reports for the board; and (E) Carry out other duties as deemed necessary by the board. (3) (A) The board shall review the activities of the program coordinator. (B) As part of this evaluation, the board may review files of all participants in the alternative to discipline program. (C) The board shall also resolve complaints voiced regarding the alternative to discipline program. Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023. Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.

(a) The Arkansas State Board of Nursing shall create an alternative to discipline program which shall: (1) Serve as a diversion program to which the board may refer participants when appropriate in lieu of or in addition to other disciplinary action; and (2) Be a source of referral for participants who, on a strictly voluntary basis, desire to avail themselves of its services.

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

(2) Be a source of referral for participants who, on a strictly voluntary basis, desire to avail themselves of its services.

(b) The board may perform the following duties and powers while operating the alternative to discipline program: (1) Approve addiction evaluators and treatment programs available through the alternative to discipline program; (2) Contract with providers of treatment programs; (3) Receive and evaluate reports of suspected impairment, regardless of the source of the report; (4) Intervene in cases of verified impairment; (5) Refer impaired individuals to the program coordinator of the alternative to discipline program or another treatment program, or both; (6) Monitor the treatment and rehabilitation of impaired participants and the post-treatment of impaired participants who are rehabilitated; and (7) Perform other activities deemed necessary to accomplish the purposes of this subchapter.

(1) Approve addiction evaluators and treatment programs available through the alternative to discipline program;

(2) Contract with providers of treatment programs;

(3) Receive and evaluate reports of suspected impairment, regardless of the source of the report;

(4) Intervene in cases of verified impairment;

(5) Refer impaired individuals to the program coordinator of the alternative to discipline program or another treatment program, or both;

(6) Monitor the treatment and rehabilitation of impaired participants and the post-treatment of impaired participants who are rehabilitated; and

(7) Perform other activities deemed necessary to accomplish the purposes of this subchapter.

(c) (1) The board shall employ a program coordinator to organize and administer the alternative to discipline program. (2) The program coordinator shall: (A) Review and evaluate individuals who request participation in or are recommended for the alternative to discipline program; (B) Review and designate treatment facilities and services to which participants in the alternative to discipline program may be referred; (C) Receive and review information relating to the participation of participants in the alternative to discipline program; (D) Prepare reports for the board; and (E) Carry out other duties as deemed necessary by the board. (3) (A) The board shall review the activities of the program coordinator. (B) As part of this evaluation, the board may review files of all participants in the alternative to discipline program. (C) The board shall also resolve complaints voiced regarding the alternative to discipline program.

(1) The board shall employ a program coordinator to organize and administer the alternative to discipline program.

(2) The program coordinator shall: (A) Review and evaluate individuals who request participation in or are recommended for the alternative to discipline program; (B) Review and designate treatment facilities and services to which participants in the alternative to discipline program may be referred; (C) Receive and review information relating to the participation of participants in the alternative to discipline program; (D) Prepare reports for the board; and (E) Carry out other duties as deemed necessary by the board.

(A) Review and evaluate individuals who request participation in or are recommended for the alternative to discipline program;

(B) Review and designate treatment facilities and services to which participants in the alternative to discipline program may be referred;

(C) Receive and review information relating to the participation of participants in the alternative to discipline program;

(D) Prepare reports for the board; and

(E) Carry out other duties as deemed necessary by the board.

(3) (A) The board shall review the activities of the program coordinator. (B) As part of this evaluation, the board may review files of all participants in the alternative to discipline program. (C) The board shall also resolve complaints voiced regarding the alternative to discipline program.

(A) The board shall review the activities of the program coordinator.

(B) As part of this evaluation, the board may review files of all participants in the alternative to discipline program.

(C) The board shall also resolve complaints voiced regarding the alternative to discipline program.

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

Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-50-311 — AR Code / Title 17 / Chapter 50 / Subchapter 3 / Section 17-50-311
Fees
Status: in_force

(a) The Arkansas Natural Resources Commission shall establish and collect fees not to exceed the maximum amounts as follows: (1) Contractor's license - well drilling ............... $200.00 (2) Contractor's license - pump installer ............... 200.00 (3) Contractor's license - well drilling and pump installer ............... 400.00 (4) Rig permit fee ............... 160.00 (5) Registration fee - well driller ............... 150.00 (6) Registration fee - pump installer ............... 150.00 (7) Registration fee - apprentice ............... 150.00 (b) The commission shall not reduce fees for any license or rig permit even though it may be valid for less than a full license or permit year. (c) The commission is authorized to establish and receive fees for the cost incurred in rendering services and material, provided the fees reflect the reasonable cost to the commission. The commission shall establish the fees as set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The commission shall have the authority to set fees not to exceed the maximums set in subsection (a) of this section. Amended by Act 2023, No. 691,§ 139, eff. 7/1/2023. Acts 1969, No. 641, § 14; 1975, No. 657, § 1; 1985, No. 783, § 1; A.S.A. 1947, § 21-2014; Acts 2003, No. 297, § 14; 2007, No. 434, § 1; 2009, No. 371, § 1.

(a) The Arkansas Natural Resources Commission shall establish and collect fees not to exceed the maximum amounts as follows: (1) Contractor's license - well drilling ............... $200.00 (2) Contractor's license - pump installer ............... 200.00 (3) Contractor's license - well drilling and pump installer ............... 400.00 (4) Rig permit fee ............... 160.00 (5) Registration fee - well driller ............... 150.00 (6) Registration fee - pump installer ............... 150.00 (7) Registration fee - apprentice ............... 150.00

(1) Contractor's license - well drilling ............... $200.00

(2) Contractor's license - pump installer ............... 200.00

(3) Contractor's license - well drilling and pump installer ............... 400.00

(4) Rig permit fee ............... 160.00

(5) Registration fee - well driller ............... 150.00

(6) Registration fee - pump installer ............... 150.00

(7) Registration fee - apprentice ............... 150.00

(b) The commission shall not reduce fees for any license or rig permit even though it may be valid for less than a full license or permit year.

(c) The commission is authorized to establish and receive fees for the cost incurred in rendering services and material, provided the fees reflect the reasonable cost to the commission. The commission shall establish the fees as set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) The commission shall have the authority to set fees not to exceed the maximums set in subsection (a) of this section.

Amended by Act 2023, No. 691,§ 139, eff. 7/1/2023.

Acts 1969, No. 641, § 14; 1975, No. 657, § 1; 1985, No. 783, § 1; A.S.A. 1947, § 21-2014; Acts 2003, No. 297, § 14; 2007, No. 434, § 1; 2009, No. 371, § 1.
Ark. Code Ann. § 17-102-102 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-102
Definitions
Status: in_force

As used in this chapter: (1) "Acupuncture" means the insertion, manipulation, and removal of needles from the body and the use of other modalities and procedures at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health, but acupuncture shall not be considered surgery; (2) "Acupuncturist" means a person licensed under this chapter to practice acupuncture and related techniques in this state and includes the terms "licensed acupuncturist", "certified acupuncturist", "acupuncture practitioner", and "Oriental acupuncture practitioner"; (3) "Board" means the Arkansas State Board of Acupuncture and Related Techniques; (4) "Chiropractic physician" means a person licensed under the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.; (5) "Moxibustion" means the use of heat on, or above, or on acupuncture needles, at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder; and (6) (A) "Related techniques" means the distinct system of basic health care that uses all allied diagnostic and treatment techniques of acupuncture, Oriental, traditional, and modern, for the prevention or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health. (B) As used in this subdivision (6), "related techniques" includes, but is not limited to, acupuncture, moxibustion or other heating modalities, cupping, magnets, cold laser, electroacupuncture including electrodermal assessment, application of cold packs, ion pumping cord, lifestyle counseling, including general eating guidelines, tui na, massage incidental to acupuncture, breathing and exercising techniques, and the recommendation of Chinese herbal medicine lawfully and commercially available in the United States. Provided, "related techniques", including, but not limited to, tui na, shall not involve manipulation, mobilization, or adjustment to the spine or extraspinal articulations. Acts 1997, No. 816, § 2; 2011, No. 859, § 12.

As used in this chapter:

(1) "Acupuncture" means the insertion, manipulation, and removal of needles from the body and the use of other modalities and procedures at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health, but acupuncture shall not be considered surgery;

(2) "Acupuncturist" means a person licensed under this chapter to practice acupuncture and related techniques in this state and includes the terms "licensed acupuncturist", "certified acupuncturist", "acupuncture practitioner", and "Oriental acupuncture practitioner";

(3) "Board" means the Arkansas State Board of Acupuncture and Related Techniques;

(4) "Chiropractic physician" means a person licensed under the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.;

(5) "Moxibustion" means the use of heat on, or above, or on acupuncture needles, at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder; and

(6) (A) "Related techniques" means the distinct system of basic health care that uses all allied diagnostic and treatment techniques of acupuncture, Oriental, traditional, and modern, for the prevention or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health. (B) As used in this subdivision (6), "related techniques" includes, but is not limited to, acupuncture, moxibustion or other heating modalities, cupping, magnets, cold laser, electroacupuncture including electrodermal assessment, application of cold packs, ion pumping cord, lifestyle counseling, including general eating guidelines, tui na, massage incidental to acupuncture, breathing and exercising techniques, and the recommendation of Chinese herbal medicine lawfully and commercially available in the United States. Provided, "related techniques", including, but not limited to, tui na, shall not involve manipulation, mobilization, or adjustment to the spine or extraspinal articulations.

(A) "Related techniques" means the distinct system of basic health care that uses all allied diagnostic and treatment techniques of acupuncture, Oriental, traditional, and modern, for the prevention or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health.

(B) As used in this subdivision (6), "related techniques" includes, but is not limited to, acupuncture, moxibustion or other heating modalities, cupping, magnets, cold laser, electroacupuncture including electrodermal assessment, application of cold packs, ion pumping cord, lifestyle counseling, including general eating guidelines, tui na, massage incidental to acupuncture, breathing and exercising techniques, and the recommendation of Chinese herbal medicine lawfully and commercially available in the United States. Provided, "related techniques", including, but not limited to, tui na, shall not involve manipulation, mobilization, or adjustment to the spine or extraspinal articulations.

Acts 1997, No. 816, § 2; 2011, No. 859, § 12.
Ark. Code Ann. § 17-86-301 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-301
Registration required - Exemptions
Status: in_force

(a) It shall be unlawful: (1) For any person who does not hold a valid license to use the following titles: massage therapist, massage practitioner, myotherapist, massotherapist, massage technologist, masseur, masseuse, therapy technologist, master massage therapist, massage therapy instructor, or any derivation of those titles or to advertise such titles; (2) For any person who does not hold the applicable license issued by the Department of Health to engage professionally for payment, barter, donation, or exchange in the practice or instruction of massage therapy as defined in this chapter; (3) For any person to operate or conduct any massage therapy clinic or massage therapy school which does not conform to the sanitary rules contained in § 17-86-302 , in state law, in local ordinances, or in those rules which may be adopted by the State Board of Health; (4) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department; (5) For any person to operate a massage therapy school or clinic without its first being registered under the provisions of this chapter as a licensed massage therapy school or registered clinic; (6) For any massage therapy school or postsecondary massage therapy school to enroll any person in the massage therapy school or postsecondary school who does not hold a massage therapy learning permit issued by the department; (7) For any massage therapy apprenticeship program to enroll any person in the massage therapy apprenticeship program who does not hold a massage therapy learning permit issued by the department; or (8) (A) For the department or other individual or entity to incorporate privileges or certification requirements of any private organization, private professional association, or private accrediting agency within Arkansas massage laws or its rules. (B) However, the department may adopt as its licensure exam an exam drafted and administered by a private organization, private professional association, or private accreditation agency. (b) Exemptions: (1) Persons authorized by the laws of this state to practice medicine, osteopathy, podiatry, or physical therapy, and licensed physicians' assistants, licensed nurses, licensed physical therapy assistants, licensed acupuncturists, licensed midwives, and chiropractors are exempt from this chapter in so far as massage therapy practices are offered or instructed within the scope and under the provisions of licensure; (2) Persons licensed as a massage therapy student who practice under the direct supervision of a massage therapy instructor at a licensed massage therapy school or licensed postsecondary massage therapy school for a period not to exceed six (6) months from the date of graduation from the massage therapy school; (3) Persons licensed as a massage therapy apprentice who practice under the direct supervision of a massage therapy instructor who is registered or approved as a sponsor as part of the massage therapy apprenticeship program approval by the United States Office of Apprenticeship, for a period not to exceed six (6) months from the date of completion of the massage therapy apprenticeship program; (4) Persons authorized by the department to present and instruct department-approved school curriculum or continuing education programs, or both, may present and instruct such department-approved curriculum and programs for payment and in the presentation and instruction may utilize practices defined in, but without being licensed or registered under, the provisions of this chapter; and (5) The practice of massage therapy that is incidental to a program of study by students enrolled in a licensed massage therapy school approved by the department, and under direct supervision of a licensee employed as an instructor at the school, is exempt from § 17-86-311(a)(10) . (c) (1) A licensee shall notify the department in writing of any change of name, address, phone number, or place of employment. (2) If a name change is requested, a new license shall be issued in the new name at the next renewal date or immediately for a fee not to exceed twenty dollars ($20.00) for printing of a new license. (3) Valid government-issued photo identification is required for each name change request. Amended by Act 2023, No. 45,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1533, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1532, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 13, eff. 10/1/2015. Acts 1981, No. 875, §§ 3, 4; A.S.A. 1947, §§ 72-1203, 72-1204; Acts 1991, No. 1217, § 1; 1993, No. 714, § 4; 1995, No. 466, § 1; 1997, No. 840, § 7; 1999, No. 1461, § 9; 2009, No. 1305, § 4.

(a) It shall be unlawful: (1) For any person who does not hold a valid license to use the following titles: massage therapist, massage practitioner, myotherapist, massotherapist, massage technologist, masseur, masseuse, therapy technologist, master massage therapist, massage therapy instructor, or any derivation of those titles or to advertise such titles; (2) For any person who does not hold the applicable license issued by the Department of Health to engage professionally for payment, barter, donation, or exchange in the practice or instruction of massage therapy as defined in this chapter; (3) For any person to operate or conduct any massage therapy clinic or massage therapy school which does not conform to the sanitary rules contained in § 17-86-302 , in state law, in local ordinances, or in those rules which may be adopted by the State Board of Health; (4) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department; (5) For any person to operate a massage therapy school or clinic without its first being registered under the provisions of this chapter as a licensed massage therapy school or registered clinic; (6) For any massage therapy school or postsecondary massage therapy school to enroll any person in the massage therapy school or postsecondary school who does not hold a massage therapy learning permit issued by the department; (7) For any massage therapy apprenticeship program to enroll any person in the massage therapy apprenticeship program who does not hold a massage therapy learning permit issued by the department; or (8) (A) For the department or other individual or entity to incorporate privileges or certification requirements of any private organization, private professional association, or private accrediting agency within Arkansas massage laws or its rules. (B) However, the department may adopt as its licensure exam an exam drafted and administered by a private organization, private professional association, or private accreditation agency.

(1) For any person who does not hold a valid license to use the following titles: massage therapist, massage practitioner, myotherapist, massotherapist, massage technologist, masseur, masseuse, therapy technologist, master massage therapist, massage therapy instructor, or any derivation of those titles or to advertise such titles;

(2) For any person who does not hold the applicable license issued by the Department of Health to engage professionally for payment, barter, donation, or exchange in the practice or instruction of massage therapy as defined in this chapter;

(3) For any person to operate or conduct any massage therapy clinic or massage therapy school which does not conform to the sanitary rules contained in § 17-86-302 , in state law, in local ordinances, or in those rules which may be adopted by the State Board of Health;

(4) To employ any person to practice or instruct under this chapter who does not hold a valid license issued by the department;

(5) For any person to operate a massage therapy school or clinic without its first being registered under the provisions of this chapter as a licensed massage therapy school or registered clinic;

(6) For any massage therapy school or postsecondary massage therapy school to enroll any person in the massage therapy school or postsecondary school who does not hold a massage therapy learning permit issued by the department;

(7) For any massage therapy apprenticeship program to enroll any person in the massage therapy apprenticeship program who does not hold a massage therapy learning permit issued by the department; or

(8) (A) For the department or other individual or entity to incorporate privileges or certification requirements of any private organization, private professional association, or private accrediting agency within Arkansas massage laws or its rules. (B) However, the department may adopt as its licensure exam an exam drafted and administered by a private organization, private professional association, or private accreditation agency.

(A) For the department or other individual or entity to incorporate privileges or certification requirements of any private organization, private professional association, or private accrediting agency within Arkansas massage laws or its rules.

(B) However, the department may adopt as its licensure exam an exam drafted and administered by a private organization, private professional association, or private accreditation agency.

(b) Exemptions: (1) Persons authorized by the laws of this state to practice medicine, osteopathy, podiatry, or physical therapy, and licensed physicians' assistants, licensed nurses, licensed physical therapy assistants, licensed acupuncturists, licensed midwives, and chiropractors are exempt from this chapter in so far as massage therapy practices are offered or instructed within the scope and under the provisions of licensure; (2) Persons licensed as a massage therapy student who practice under the direct supervision of a massage therapy instructor at a licensed massage therapy school or licensed postsecondary massage therapy school for a period not to exceed six (6) months from the date of graduation from the massage therapy school; (3) Persons licensed as a massage therapy apprentice who practice under the direct supervision of a massage therapy instructor who is registered or approved as a sponsor as part of the massage therapy apprenticeship program approval by the United States Office of Apprenticeship, for a period not to exceed six (6) months from the date of completion of the massage therapy apprenticeship program; (4) Persons authorized by the department to present and instruct department-approved school curriculum or continuing education programs, or both, may present and instruct such department-approved curriculum and programs for payment and in the presentation and instruction may utilize practices defined in, but without being licensed or registered under, the provisions of this chapter; and (5) The practice of massage therapy that is incidental to a program of study by students enrolled in a licensed massage therapy school approved by the department, and under direct supervision of a licensee employed as an instructor at the school, is exempt from § 17-86-311(a)(10) .

(1) Persons authorized by the laws of this state to practice medicine, osteopathy, podiatry, or physical therapy, and licensed physicians' assistants, licensed nurses, licensed physical therapy assistants, licensed acupuncturists, licensed midwives, and chiropractors are exempt from this chapter in so far as massage therapy practices are offered or instructed within the scope and under the provisions of licensure;

(2) Persons licensed as a massage therapy student who practice under the direct supervision of a massage therapy instructor at a licensed massage therapy school or licensed postsecondary massage therapy school for a period not to exceed six (6) months from the date of graduation from the massage therapy school;

(3) Persons licensed as a massage therapy apprentice who practice under the direct supervision of a massage therapy instructor who is registered or approved as a sponsor as part of the massage therapy apprenticeship program approval by the United States Office of Apprenticeship, for a period not to exceed six (6) months from the date of completion of the massage therapy apprenticeship program;

(4) Persons authorized by the department to present and instruct department-approved school curriculum or continuing education programs, or both, may present and instruct such department-approved curriculum and programs for payment and in the presentation and instruction may utilize practices defined in, but without being licensed or registered under, the provisions of this chapter; and

(5) The practice of massage therapy that is incidental to a program of study by students enrolled in a licensed massage therapy school approved by the department, and under direct supervision of a licensee employed as an instructor at the school, is exempt from § 17-86-311(a)(10) .

(c) (1) A licensee shall notify the department in writing of any change of name, address, phone number, or place of employment. (2) If a name change is requested, a new license shall be issued in the new name at the next renewal date or immediately for a fee not to exceed twenty dollars ($20.00) for printing of a new license. (3) Valid government-issued photo identification is required for each name change request.

(1) A licensee shall notify the department in writing of any change of name, address, phone number, or place of employment.

(2) If a name change is requested, a new license shall be issued in the new name at the next renewal date or immediately for a fee not to exceed twenty dollars ($20.00) for printing of a new license.

(3) Valid government-issued photo identification is required for each name change request.

Amended by Act 2023, No. 45,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1533, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1532, eff. 7/24/2019.

Amended by Act 2015, No. 1020,§ 13, eff. 10/1/2015.

Acts 1981, No. 875, §§ 3, 4; A.S.A. 1947, §§ 72-1203, 72-1204; Acts 1991, No. 1217, § 1; 1993, No. 714, § 4; 1995, No. 466, § 1; 1997, No. 840, § 7; 1999, No. 1461, § 9; 2009, No. 1305, § 4.
Ark. Code Ann. § 17-12-501 — AR Code / Title 17 / Chapter 12 / Subchapter 5 / Section 17-12-501
Renewal of license
Status: in_force

The Arkansas State Board of Public Accountancy shall renew licenses to persons who make application and demonstrate that their qualifications are in accordance with the provisions of this chapter. Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1997, No. 242, § 13; 1999, No. 180, § 31.

The Arkansas State Board of Public Accountancy shall renew licenses to persons who make application and demonstrate that their qualifications are in accordance with the provisions of this chapter.

Acts 1975, No. 160, § 11; 1979, No. 432, § 5; A.S.A. 1947, § 71-621; Acts 1997, No. 242, § 13; 1999, No. 180, § 31.
Ark. Code Ann. § 17-92-1004 — AR Code / Title 17 / Chapter 92 / Subchapter 10 / Section 17-92-1004
Requirements for internet sales
Status: in_force

(a) A pharmacy operating within or outside Arkansas shall not sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of a prescription-only drug to any consumer in this state through an internet site or by electronic mail unless: (1) All internet sites and electronic mail used by the person for purposes of sales or delivery of a prescription-only drug are in compliance with all requirements of federal law applicable to the internet site or electronic mail; (2) (A) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (B) The pharmacy shall be properly regulated by the Arkansas State Board of Pharmacy to engage in the practice of pharmacy pursuant to § 17-92-101 et seq.; (3) The pharmacist who fills the prescription order is in compliance with subsection (c) of this section; (4) (A) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with subsection (d) of this section. (B) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with an Arkansas prescription drug monitoring program, if an Arkansas prescription drug monitoring program exists; (5) (A) The pharmacy, if a foreign entity, is registered with the Secretary of State and is in compliance with all requirements for foreign corporations provided in any applicable state law. (B) Nothing in this subdivision (a)(5) shall be construed to authorize any corporation to engage in the practice of medicine contrary to any applicable Arkansas law; and (6) Any practitioner who sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (b) Any practitioner who writes a prescription order through an internet site or electronic mail for a consumer physically located in this state who is not an established patient shall be licensed by the applicable licensing board and in compliance with all applicable laws. (c) A pharmacist practicing within or outside Arkansas may not fill a prescription order to dispense a prescription-only drug to a patient if the pharmacist knows or reasonably should have known under the circumstances that the prescription order was issued: (1) On the basis of: (A) An internet questionnaire; (B) An internet consultation; or (C) A telephonic consultation; and (2) Without a valid prior patient-practitioner relationship. (d) (1) An internet broker operating within or outside Arkansas may participate in the sale of a prescription-only drug in this state only if the internet broker knows that the pharmacist who dispenses the drug has complied with the requirements of subsection (c) of this section. (2) The board shall report to the Attorney General any violations of subdivision (d)(1) of this section. Acts 2001, No. 1411, § 4; 2007, No. 128, § 2.

(a) A pharmacy operating within or outside Arkansas shall not sell, dispense, distribute, deliver, or participate in the sale, dispensing, distribution, or delivery of a prescription-only drug to any consumer in this state through an internet site or by electronic mail unless: (1) All internet sites and electronic mail used by the person for purposes of sales or delivery of a prescription-only drug are in compliance with all requirements of federal law applicable to the internet site or electronic mail; (2) (A) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (B) The pharmacy shall be properly regulated by the Arkansas State Board of Pharmacy to engage in the practice of pharmacy pursuant to § 17-92-101 et seq.; (3) The pharmacist who fills the prescription order is in compliance with subsection (c) of this section; (4) (A) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with subsection (d) of this section. (B) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with an Arkansas prescription drug monitoring program, if an Arkansas prescription drug monitoring program exists; (5) (A) The pharmacy, if a foreign entity, is registered with the Secretary of State and is in compliance with all requirements for foreign corporations provided in any applicable state law. (B) Nothing in this subdivision (a)(5) shall be construed to authorize any corporation to engage in the practice of medicine contrary to any applicable Arkansas law; and (6) Any practitioner who sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law.

(1) All internet sites and electronic mail used by the person for purposes of sales or delivery of a prescription-only drug are in compliance with all requirements of federal law applicable to the internet site or electronic mail;

(2) (A) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law. (B) The pharmacy shall be properly regulated by the Arkansas State Board of Pharmacy to engage in the practice of pharmacy pursuant to § 17-92-101 et seq.;

(A) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law.

(B) The pharmacy shall be properly regulated by the Arkansas State Board of Pharmacy to engage in the practice of pharmacy pursuant to § 17-92-101 et seq.;

(3) The pharmacist who fills the prescription order is in compliance with subsection (c) of this section;

(4) (A) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with subsection (d) of this section. (B) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with an Arkansas prescription drug monitoring program, if an Arkansas prescription drug monitoring program exists;

(A) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with subsection (d) of this section.

(B) Any pharmacy that participates in the sale of a prescription-only drug is in compliance with an Arkansas prescription drug monitoring program, if an Arkansas prescription drug monitoring program exists;

(5) (A) The pharmacy, if a foreign entity, is registered with the Secretary of State and is in compliance with all requirements for foreign corporations provided in any applicable state law. (B) Nothing in this subdivision (a)(5) shall be construed to authorize any corporation to engage in the practice of medicine contrary to any applicable Arkansas law; and

(A) The pharmacy, if a foreign entity, is registered with the Secretary of State and is in compliance with all requirements for foreign corporations provided in any applicable state law.

(B) Nothing in this subdivision (a)(5) shall be construed to authorize any corporation to engage in the practice of medicine contrary to any applicable Arkansas law; and

(6) Any practitioner who sells, dispenses, distributes, or delivers the prescription-only drug is in compliance with all requirements of relevant state law.

(b) Any practitioner who writes a prescription order through an internet site or electronic mail for a consumer physically located in this state who is not an established patient shall be licensed by the applicable licensing board and in compliance with all applicable laws.

(c) A pharmacist practicing within or outside Arkansas may not fill a prescription order to dispense a prescription-only drug to a patient if the pharmacist knows or reasonably should have known under the circumstances that the prescription order was issued: (1) On the basis of: (A) An internet questionnaire; (B) An internet consultation; or (C) A telephonic consultation; and (2) Without a valid prior patient-practitioner relationship.

(1) On the basis of: (A) An internet questionnaire; (B) An internet consultation; or (C) A telephonic consultation; and

(A) An internet questionnaire;

(B) An internet consultation; or

(C) A telephonic consultation; and

(2) Without a valid prior patient-practitioner relationship.

(d) (1) An internet broker operating within or outside Arkansas may participate in the sale of a prescription-only drug in this state only if the internet broker knows that the pharmacist who dispenses the drug has complied with the requirements of subsection (c) of this section. (2) The board shall report to the Attorney General any violations of subdivision (d)(1) of this section.

(1) An internet broker operating within or outside Arkansas may participate in the sale of a prescription-only drug in this state only if the internet broker knows that the pharmacist who dispenses the drug has complied with the requirements of subsection (c) of this section.

(2) The board shall report to the Attorney General any violations of subdivision (d)(1) of this section.

Acts 2001, No. 1411, § 4; 2007, No. 128, § 2.
Ark. Code Ann. § 17-42-406 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-406
Disciplinary hearing - Procedure
Status: in_force

(a) (1) In any disciplinary hearing before the Arkansas Real Estate Commission which involves any licensee who has allegedly violated any provision of this chapter or commission rules, the commission shall first determine whether a violation has occurred. (2) If so, the commission shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-42-407 . (3) The commission shall then direct the licensee to pay that amount to the aggrieved party or parties. (4) If that amount has not been paid within thirty (30) days following entry of the commission's final order in the matter and the order has not been appealed to the circuit court, then the commission shall pay, upon request, from the Real Estate Recovery Fund to the aggrieved party or parties the amount specified. However, the commission shall not: (A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or (B) Pay an amount in excess of the fund balance. (b) The question of whether or not certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the commission. (c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of seventy-five thousand dollars ($75,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims. (d) Whether or not a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the commission. (e) When unsatisfied or pending claims are such that they exceed the limits payable under subsection (c) of this section, the commission shall be the sole determinant of how the available funds shall be allocated among such claims. Amended by Act 2019, No. 315,§ 1467, eff. 7/24/2019. Acts 1993, No. 690, § 22; 1997, No. 781, § 1; 2007, No. 263, §§ 9, 10.

(a) (1) In any disciplinary hearing before the Arkansas Real Estate Commission which involves any licensee who has allegedly violated any provision of this chapter or commission rules, the commission shall first determine whether a violation has occurred. (2) If so, the commission shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-42-407 . (3) The commission shall then direct the licensee to pay that amount to the aggrieved party or parties. (4) If that amount has not been paid within thirty (30) days following entry of the commission's final order in the matter and the order has not been appealed to the circuit court, then the commission shall pay, upon request, from the Real Estate Recovery Fund to the aggrieved party or parties the amount specified. However, the commission shall not: (A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or (B) Pay an amount in excess of the fund balance.

(1) In any disciplinary hearing before the Arkansas Real Estate Commission which involves any licensee who has allegedly violated any provision of this chapter or commission rules, the commission shall first determine whether a violation has occurred.

(2) If so, the commission shall then determine the amount of damages, if any, suffered by the aggrieved party or parties. However, damages shall be limited to actual damages in accordance with § 17-42-407 .

(3) The commission shall then direct the licensee to pay that amount to the aggrieved party or parties.

(4) If that amount has not been paid within thirty (30) days following entry of the commission's final order in the matter and the order has not been appealed to the circuit court, then the commission shall pay, upon request, from the Real Estate Recovery Fund to the aggrieved party or parties the amount specified. However, the commission shall not: (A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or (B) Pay an amount in excess of the fund balance.

(A) Pay in excess of twenty-five thousand dollars ($25,000) for any one (1) violation or continuing series of violations, regardless of the number of licensees who participated in such a violation or continuing series of violations; or

(B) Pay an amount in excess of the fund balance.

(b) The question of whether or not certain violations constitute a continuing series of violations shall be a matter solely within the discretion and judgment of the commission.

(c) Nothing within this subchapter shall obligate the fund for any amount in excess of a total of seventy-five thousand dollars ($75,000) with respect to: (1) The acts of any one (1) licensee; or (2) Any group of related claims.

(1) The acts of any one (1) licensee; or

(2) Any group of related claims.

(d) Whether or not a claim is one (1) of a group of related claims shall be a matter solely within the discretion and judgment of the commission.

(e) When unsatisfied or pending claims are such that they exceed the limits payable under subsection (c) of this section, the commission shall be the sole determinant of how the available funds shall be allocated among such claims.

Amended by Act 2019, No. 315,§ 1467, eff. 7/24/2019.

Acts 1993, No. 690, § 22; 1997, No. 781, § 1; 2007, No. 263, §§ 9, 10.
Ark. Code Ann. § 17-24-512 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-512
Civil liability
Status: in_force

(a) Except as otherwise provided by this section, a debt collector who fails to comply with this subchapter with respect to a person is liable to the person in an amount equal to the sum of: (1) An actual damage sustained by the person as a result of the failure; (2) In the case of: (A) An action by an individual, the additional damages as the court may allow not exceeding one thousand dollars ($1,000); or (B) A class action: (i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and (ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and (3) (A) In the case of a successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. (B) If the court finds that an action under this section was brought in bad faith or for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. (b) In determining the amount of liability in an action under subsection (a) of this section, the court shall consider among other relevant factors: (1) In an individual action under subdivision (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional; or (2) In a class action under subdivision (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. (c) A debt collector may not be held liable in an action brought under this subchapter if the debt collector shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error. (d) An action to enforce a liability created by this subchapter may be brought in a court of competent jurisdiction within one (1) year from the date on which the violation occurs. (e) A provision of this section imposing liability shall not apply to an act done or omitted in good faith in conformity with an advisory opinion of the Federal Trade Commission addressing appropriate conduct under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 - 1692p , notwithstanding that after the act or omission has occurred, the opinion is amended, rescinded, or determined by judicial or other authority to be invalid for a reason. Acts 2009, No. 1455, § 1.

(a) Except as otherwise provided by this section, a debt collector who fails to comply with this subchapter with respect to a person is liable to the person in an amount equal to the sum of: (1) An actual damage sustained by the person as a result of the failure; (2) In the case of: (A) An action by an individual, the additional damages as the court may allow not exceeding one thousand dollars ($1,000); or (B) A class action: (i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and (ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and (3) (A) In the case of a successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. (B) If the court finds that an action under this section was brought in bad faith or for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(1) An actual damage sustained by the person as a result of the failure;

(2) In the case of: (A) An action by an individual, the additional damages as the court may allow not exceeding one thousand dollars ($1,000); or (B) A class action: (i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and (ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and

(A) An action by an individual, the additional damages as the court may allow not exceeding one thousand dollars ($1,000); or

(B) A class action: (i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and (ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and

(i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and

(ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and

(3) (A) In the case of a successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. (B) If the court finds that an action under this section was brought in bad faith or for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(A) In the case of a successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.

(B) If the court finds that an action under this section was brought in bad faith or for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.

(b) In determining the amount of liability in an action under subsection (a) of this section, the court shall consider among other relevant factors: (1) In an individual action under subdivision (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional; or (2) In a class action under subdivision (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.

(1) In an individual action under subdivision (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional; or

(2) In a class action under subdivision (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional.

(c) A debt collector may not be held liable in an action brought under this subchapter if the debt collector shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error.

(d) An action to enforce a liability created by this subchapter may be brought in a court of competent jurisdiction within one (1) year from the date on which the violation occurs.

(e) A provision of this section imposing liability shall not apply to an act done or omitted in good faith in conformity with an advisory opinion of the Federal Trade Commission addressing appropriate conduct under the federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 - 1692p , notwithstanding that after the act or omission has occurred, the opinion is amended, rescinded, or determined by judicial or other authority to be invalid for a reason.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-22-204 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-204
Authority
Status: in_force

(a) (1) (A) The State Athletic Commission shall have the sole discretion, management, control, and jurisdiction over all combative sports matches and exhibitions in this state. (B) (i) The commission shall adopt uniform policies, fees, and forms to ensure fair regulation of the combative sports industry. (ii) The commission shall have no authority over professional wrestling events. (2) A combative sports match or exhibition declared to be amateur and self-regulated shall be governed by the commission unless sanctioned by: (A) A federally recognized sanctioning body approved in writing by the commission; and (B) A national oversight body with 26 U.S.C. § 501(c)(3) status under the Internal Revenue Code of 1986 operating in at least six (6) states approved in writing by the commission. (b) (1) The commission shall have the authority to appoint and pay inspectors and other officials necessary to properly conduct any match or exhibition authorized by this chapter. (2) The inspectors and other officials may receive reimbursement for travel under § 25-16-901 et seq. (c) The commission shall have the authority to adopt and promulgate, amend, or abrogate any and all rules considered by it necessary or expedient for the performance of its functions as provided in this chapter and in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The commission may issue subpoenas, examine witnesses, and administer oaths and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter. (e) The commission shall have the authority to hire an investigator for the purposes outlined in this section. (f) The commission shall have the authority to require event permits and insurance for combative sports with limits to be adjusted by the rules of the commission. (g) The commission shall have the authority to make a claim on the bond or check posted by a promoter for combative sports events in order to make reimbursements for any unpaid fees, prize money, or other financial commitments of the promoter related to combative sports activity licensed by the commission. (h) The commission shall have the authority to specify the forms required under this chapter. Amended by Act 2019, No. 315,§ 1372, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1371, eff. 7/24/2019. Amended by Act 2019, No. 923,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 8, eff. 7/24/2019. Amended by Act 2017, No. 860,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1096,§ 4, eff. 8/16/2013. Acts 1927, No. 131, § 3; Pope's Dig., § 12063; Acts 1985, No. 970, § 2; A.S.A. 1947, § 84-2904; Acts 1993, No. 1277, § 1; 1999, No. 1085, § 2; 2009, No. 781, § 3.

(a) (1) (A) The State Athletic Commission shall have the sole discretion, management, control, and jurisdiction over all combative sports matches and exhibitions in this state. (B) (i) The commission shall adopt uniform policies, fees, and forms to ensure fair regulation of the combative sports industry. (ii) The commission shall have no authority over professional wrestling events. (2) A combative sports match or exhibition declared to be amateur and self-regulated shall be governed by the commission unless sanctioned by: (A) A federally recognized sanctioning body approved in writing by the commission; and (B) A national oversight body with 26 U.S.C. § 501(c)(3) status under the Internal Revenue Code of 1986 operating in at least six (6) states approved in writing by the commission.

(1) (A) The State Athletic Commission shall have the sole discretion, management, control, and jurisdiction over all combative sports matches and exhibitions in this state. (B) (i) The commission shall adopt uniform policies, fees, and forms to ensure fair regulation of the combative sports industry. (ii) The commission shall have no authority over professional wrestling events.

(A) The State Athletic Commission shall have the sole discretion, management, control, and jurisdiction over all combative sports matches and exhibitions in this state.

(B) (i) The commission shall adopt uniform policies, fees, and forms to ensure fair regulation of the combative sports industry. (ii) The commission shall have no authority over professional wrestling events.

(i) The commission shall adopt uniform policies, fees, and forms to ensure fair regulation of the combative sports industry.

(ii) The commission shall have no authority over professional wrestling events.

(2) A combative sports match or exhibition declared to be amateur and self-regulated shall be governed by the commission unless sanctioned by: (A) A federally recognized sanctioning body approved in writing by the commission; and (B) A national oversight body with 26 U.S.C. § 501(c)(3) status under the Internal Revenue Code of 1986 operating in at least six (6) states approved in writing by the commission.

(A) A federally recognized sanctioning body approved in writing by the commission; and

(B) A national oversight body with 26 U.S.C. § 501(c)(3) status under the Internal Revenue Code of 1986 operating in at least six (6) states approved in writing by the commission.

(b) (1) The commission shall have the authority to appoint and pay inspectors and other officials necessary to properly conduct any match or exhibition authorized by this chapter. (2) The inspectors and other officials may receive reimbursement for travel under § 25-16-901 et seq.

(1) The commission shall have the authority to appoint and pay inspectors and other officials necessary to properly conduct any match or exhibition authorized by this chapter.

(2) The inspectors and other officials may receive reimbursement for travel under § 25-16-901 et seq.

(c) The commission shall have the authority to adopt and promulgate, amend, or abrogate any and all rules considered by it necessary or expedient for the performance of its functions as provided in this chapter and in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) The commission may issue subpoenas, examine witnesses, and administer oaths and shall, at its discretion, investigate allegations or practices violating the provisions of this chapter.

(e) The commission shall have the authority to hire an investigator for the purposes outlined in this section.

(f) The commission shall have the authority to require event permits and insurance for combative sports with limits to be adjusted by the rules of the commission.

(g) The commission shall have the authority to make a claim on the bond or check posted by a promoter for combative sports events in order to make reimbursements for any unpaid fees, prize money, or other financial commitments of the promoter related to combative sports activity licensed by the commission.

(h) The commission shall have the authority to specify the forms required under this chapter.

Amended by Act 2019, No. 315,§ 1372, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1371, eff. 7/24/2019.

Amended by Act 2019, No. 923,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 8, eff. 7/24/2019.

Amended by Act 2017, No. 860,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1096,§ 4, eff. 8/16/2013.

Acts 1927, No. 131, § 3; Pope's Dig., § 12063; Acts 1985, No. 970, § 2; A.S.A. 1947, § 84-2904; Acts 1993, No. 1277, § 1; 1999, No. 1085, § 2; 2009, No. 781, § 3.