Ark. Code Ann. § 17-29-311 — AR Code / Title 17 / Chapter 29 / Subchapter 3 / Section 17-29-311
Prohibited conduct - Sanctions
Status: in_force

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may issue letters of reprimand or caution, refuse to issue or renew a license, suspend or revoke any license for the practice of embalming or funeral directing, or may place the holder thereof on a term of probation after proper hearing upon finding the holder of the license to be guilty of acts of commission or omission, including the following: (1) Conviction of a felony listed under § 17-3-102 ; (2) Misrepresentations made or fraud committed as a holder of a license; (3) False or misleading advertising; (4) Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, provided that this prohibition shall not be deemed to prohibit general advertising; (5) Employment directly or indirectly of an apprentice, agent, assistant, employee, or other person on a part-time or full-time basis or on a commission for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment; (6) The direct or indirect payment or offer of payment of a commission by the licensee, his or her agents, assistants, or employees for the purpose of securing business; (7) Allowing a person who is not licensed under this subchapter to execute a contract for funeral arrangements; (8) Aiding or abetting an unlicensed person to practice embalming or funeral directing; (9) Violation of any provision of this subchapter and § 17-29-201 et seq. [repealed]; (10) Violation of any state law or rule or of any municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies; (11) Fraud or misrepresentation in obtaining or renewing a license; (12) Refusing to properly release a dead human body to the custody of the person or entity having the legal right to effect such a release if all other applicable laws and rules have been followed by the holder of the license; (13) Willful failure to secure a permit for the removal or burial or other disposition of a dead human body; (14) Knowingly making a false statement on a certificate of death; (15) Violations of applicable law or rules with regard to prearranged or prepaid funeral services or funeral merchandise. However, the proper regulatory agency for prearranged or prepaid funeral services or funeral merchandise shall have determined that such a violation has occurred; (16) Discriminating in services because of race, creed, color, or national origin; (17) Failure to meet continuing education requirements; or (18) Failure to answer a complaint within the fifteen-day time period. (b) A routine sale of a prearranged or a prefinanced funeral or of funeral merchandise in the ordinary course of business is not a violation of subdivisions (a)(4)-(7) of this section. (c) No person licensed pursuant to this subchapter shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner, or some other fully qualified person acting in such a capacity if there is no coroner or medical examiner, has first been obtained. (d) A public officer or employee, the official of any public institution, any physician or surgeon, or any other person having a professional relationship with a decedent shall not send or cause to be sent to a funeral establishment or to a person licensed under this subchapter the remains of any deceased person without having first made due inquiry as to the desires of the authorizing agent or agents. (e) It shall be unlawful for any person, partnership, corporation, or association that has not been licensed or registered as specified in this subchapter to transact, practice, or hold himself or herself or itself out as transacting or practicing embalming or funeral directing or operating or maintaining a funeral establishment within this state. (f) (1) A dead human body that is not buried or otherwise disposed of within an allotted time as determined by rule of the board shall be embalmed or stored under refrigeration as determined by the Department of Health or its successor or successors concerning the preservation of bodies. (2) (A) When taking custody of the dead human body under this subchapter or § 23-61-1101 et seq. or when the dead human body is stored under refrigeration as determined by the department, a funeral establishment or crematory shall maintain the dead human body in a manner that provides for complete coverage of the dead human body and prevents leakage or spillage by properly storing the dead human body in a refrigeration or preparation room at all times except during: (i) Identification, embalming, or preparation of an unembalmed dead human body for final disposition; (ii) Restoration and dressing of a dead human body in preparation for final disposition; or (iii) Viewing during a visitation or funeral service. (B) The funeral establishment or crematory shall treat the dead human body with dignity and respect as determined by rule of the board. (3) (A) If a funeral establishment or crematory is unable to secure or store a dead human body as required under subdivision (f)(1) of this section due to an unforeseen circumstance, the funeral establishment or crematory shall transfer the dead human body and notify the board and the person or entity having the legal right to arrange for the final disposition of the dead human body. (B) The notice required under subdivision (f)(3)(A) of this section shall: (i) Be provided within twenty-four (24) hours after the occurrence of the unforeseen circumstance; and (ii) Include the: (a) Name and location of the facility where the dead human body is being transferred; (b) Reason for the transfer; and (c) Method of storage. (4) A dead human body shall not be embalmed or artificially preserved without: (A) The express permission of a person or entity with the legal right to arrange for the final disposition of the dead human body under the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 ; or (B) A court order. (5) A funeral establishment or crematory shall not store a dead human body until final disposition at a funeral establishment or crematory without a license under this subchapter or § 23-61-1101 et seq. (6) A funeral establishment, crematory, or transport service of human remains licensed under this subchapter shall not transport or store a dead human body together with animal remains in the same confined space. (g) It shall be unlawful and a violation of this subchapter and § 23-61-1101 et seq. to transport or otherwise transfer by common carrier a dead human body out of the State of Arkansas unless the body has been prepared and embalmed by a licensed embalmer of this state and a transit-burial permit has been issued by the local registrar of the county where death occurred. A licensee of this state permitting this to be done shall be subject to the punishment under this subchapter and § 23-61-1101 et seq. (h) It is a violation of this chapter for a person to engage in the practice of embalming or funeral directing or to hold himself or herself out to the public as a licensed practicing embalmer or funeral director in this state without a license. (i) A person or entity shall not be issued a license to practice the science of embalming or to engage in the business of funeral directing for one (1) year after the license of the person or entity is revoked. Amended by Act 2019, No. 315,§ 1399, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1398, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 34, eff. 7/24/2019. Amended by Act 2017, No. 788,§ 20, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 19, eff. 7/1/2018. Amended by Act 2015, No. 1095,§ 36, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 35, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 34, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 33, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 32, eff. 7/22/2015. Amended by Act 2015, No. 1095,§ 31, eff. 7/22/2015. Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911; Acts 1997, No. 839, § 7; 2003, No. 367, § 4; 2011, No. 874, §§ 5, 6.

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may issue letters of reprimand or caution, refuse to issue or renew a license, suspend or revoke any license for the practice of embalming or funeral directing, or may place the holder thereof on a term of probation after proper hearing upon finding the holder of the license to be guilty of acts of commission or omission, including the following: (1) Conviction of a felony listed under § 17-3-102 ; (2) Misrepresentations made or fraud committed as a holder of a license; (3) False or misleading advertising; (4) Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, provided that this prohibition shall not be deemed to prohibit general advertising; (5) Employment directly or indirectly of an apprentice, agent, assistant, employee, or other person on a part-time or full-time basis or on a commission for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment; (6) The direct or indirect payment or offer of payment of a commission by the licensee, his or her agents, assistants, or employees for the purpose of securing business; (7) Allowing a person who is not licensed under this subchapter to execute a contract for funeral arrangements; (8) Aiding or abetting an unlicensed person to practice embalming or funeral directing; (9) Violation of any provision of this subchapter and § 17-29-201 et seq. [repealed]; (10) Violation of any state law or rule or of any municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies; (11) Fraud or misrepresentation in obtaining or renewing a license; (12) Refusing to properly release a dead human body to the custody of the person or entity having the legal right to effect such a release if all other applicable laws and rules have been followed by the holder of the license; (13) Willful failure to secure a permit for the removal or burial or other disposition of a dead human body; (14) Knowingly making a false statement on a certificate of death; (15) Violations of applicable law or rules with regard to prearranged or prepaid funeral services or funeral merchandise. However, the proper regulatory agency for prearranged or prepaid funeral services or funeral merchandise shall have determined that such a violation has occurred; (16) Discriminating in services because of race, creed, color, or national origin; (17) Failure to meet continuing education requirements; or (18) Failure to answer a complaint within the fifteen-day time period.

(1) Conviction of a felony listed under § 17-3-102 ;

(2) Misrepresentations made or fraud committed as a holder of a license;

(3) False or misleading advertising;

(4) Solicitation of dead human bodies by the licensee, his or her agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, provided that this prohibition shall not be deemed to prohibit general advertising;

(5) Employment directly or indirectly of an apprentice, agent, assistant, employee, or other person on a part-time or full-time basis or on a commission for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;

(6) The direct or indirect payment or offer of payment of a commission by the licensee, his or her agents, assistants, or employees for the purpose of securing business;

(7) Allowing a person who is not licensed under this subchapter to execute a contract for funeral arrangements;

(8) Aiding or abetting an unlicensed person to practice embalming or funeral directing;

(9) Violation of any provision of this subchapter and § 17-29-201 et seq. [repealed];

(10) Violation of any state law or rule or of any municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;

(11) Fraud or misrepresentation in obtaining or renewing a license;

(12) Refusing to properly release a dead human body to the custody of the person or entity having the legal right to effect such a release if all other applicable laws and rules have been followed by the holder of the license;

(13) Willful failure to secure a permit for the removal or burial or other disposition of a dead human body;

(14) Knowingly making a false statement on a certificate of death;

(15) Violations of applicable law or rules with regard to prearranged or prepaid funeral services or funeral merchandise. However, the proper regulatory agency for prearranged or prepaid funeral services or funeral merchandise shall have determined that such a violation has occurred;

(16) Discriminating in services because of race, creed, color, or national origin;

(17) Failure to meet continuing education requirements; or

(18) Failure to answer a complaint within the fifteen-day time period.

(b) A routine sale of a prearranged or a prefinanced funeral or of funeral merchandise in the ordinary course of business is not a violation of subdivisions (a)(4)-(7) of this section.

(c) No person licensed pursuant to this subchapter shall remove or embalm a dead human body when he or she has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner, or some other fully qualified person acting in such a capacity if there is no coroner or medical examiner, has first been obtained.

(d) A public officer or employee, the official of any public institution, any physician or surgeon, or any other person having a professional relationship with a decedent shall not send or cause to be sent to a funeral establishment or to a person licensed under this subchapter the remains of any deceased person without having first made due inquiry as to the desires of the authorizing agent or agents.

(e) It shall be unlawful for any person, partnership, corporation, or association that has not been licensed or registered as specified in this subchapter to transact, practice, or hold himself or herself or itself out as transacting or practicing embalming or funeral directing or operating or maintaining a funeral establishment within this state.

(f) (1) A dead human body that is not buried or otherwise disposed of within an allotted time as determined by rule of the board shall be embalmed or stored under refrigeration as determined by the Department of Health or its successor or successors concerning the preservation of bodies. (2) (A) When taking custody of the dead human body under this subchapter or § 23-61-1101 et seq. or when the dead human body is stored under refrigeration as determined by the department, a funeral establishment or crematory shall maintain the dead human body in a manner that provides for complete coverage of the dead human body and prevents leakage or spillage by properly storing the dead human body in a refrigeration or preparation room at all times except during: (i) Identification, embalming, or preparation of an unembalmed dead human body for final disposition; (ii) Restoration and dressing of a dead human body in preparation for final disposition; or (iii) Viewing during a visitation or funeral service. (B) The funeral establishment or crematory shall treat the dead human body with dignity and respect as determined by rule of the board. (3) (A) If a funeral establishment or crematory is unable to secure or store a dead human body as required under subdivision (f)(1) of this section due to an unforeseen circumstance, the funeral establishment or crematory shall transfer the dead human body and notify the board and the person or entity having the legal right to arrange for the final disposition of the dead human body. (B) The notice required under subdivision (f)(3)(A) of this section shall: (i) Be provided within twenty-four (24) hours after the occurrence of the unforeseen circumstance; and (ii) Include the: (a) Name and location of the facility where the dead human body is being transferred; (b) Reason for the transfer; and (c) Method of storage. (4) A dead human body shall not be embalmed or artificially preserved without: (A) The express permission of a person or entity with the legal right to arrange for the final disposition of the dead human body under the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 ; or (B) A court order. (5) A funeral establishment or crematory shall not store a dead human body until final disposition at a funeral establishment or crematory without a license under this subchapter or § 23-61-1101 et seq. (6) A funeral establishment, crematory, or transport service of human remains licensed under this subchapter shall not transport or store a dead human body together with animal remains in the same confined space.

(1) A dead human body that is not buried or otherwise disposed of within an allotted time as determined by rule of the board shall be embalmed or stored under refrigeration as determined by the Department of Health or its successor or successors concerning the preservation of bodies.

(2) (A) When taking custody of the dead human body under this subchapter or § 23-61-1101 et seq. or when the dead human body is stored under refrigeration as determined by the department, a funeral establishment or crematory shall maintain the dead human body in a manner that provides for complete coverage of the dead human body and prevents leakage or spillage by properly storing the dead human body in a refrigeration or preparation room at all times except during: (i) Identification, embalming, or preparation of an unembalmed dead human body for final disposition; (ii) Restoration and dressing of a dead human body in preparation for final disposition; or (iii) Viewing during a visitation or funeral service. (B) The funeral establishment or crematory shall treat the dead human body with dignity and respect as determined by rule of the board.

(A) When taking custody of the dead human body under this subchapter or § 23-61-1101 et seq. or when the dead human body is stored under refrigeration as determined by the department, a funeral establishment or crematory shall maintain the dead human body in a manner that provides for complete coverage of the dead human body and prevents leakage or spillage by properly storing the dead human body in a refrigeration or preparation room at all times except during: (i) Identification, embalming, or preparation of an unembalmed dead human body for final disposition; (ii) Restoration and dressing of a dead human body in preparation for final disposition; or (iii) Viewing during a visitation or funeral service.

(i) Identification, embalming, or preparation of an unembalmed dead human body for final disposition;

(ii) Restoration and dressing of a dead human body in preparation for final disposition; or

(iii) Viewing during a visitation or funeral service.

(B) The funeral establishment or crematory shall treat the dead human body with dignity and respect as determined by rule of the board.

(3) (A) If a funeral establishment or crematory is unable to secure or store a dead human body as required under subdivision (f)(1) of this section due to an unforeseen circumstance, the funeral establishment or crematory shall transfer the dead human body and notify the board and the person or entity having the legal right to arrange for the final disposition of the dead human body. (B) The notice required under subdivision (f)(3)(A) of this section shall: (i) Be provided within twenty-four (24) hours after the occurrence of the unforeseen circumstance; and (ii) Include the: (a) Name and location of the facility where the dead human body is being transferred; (b) Reason for the transfer; and (c) Method of storage.

(A) If a funeral establishment or crematory is unable to secure or store a dead human body as required under subdivision (f)(1) of this section due to an unforeseen circumstance, the funeral establishment or crematory shall transfer the dead human body and notify the board and the person or entity having the legal right to arrange for the final disposition of the dead human body.

(B) The notice required under subdivision (f)(3)(A) of this section shall: (i) Be provided within twenty-four (24) hours after the occurrence of the unforeseen circumstance; and (ii) Include the: (a) Name and location of the facility where the dead human body is being transferred; (b) Reason for the transfer; and (c) Method of storage.

(i) Be provided within twenty-four (24) hours after the occurrence of the unforeseen circumstance; and

(ii) Include the: (a) Name and location of the facility where the dead human body is being transferred; (b) Reason for the transfer; and (c) Method of storage.

(a) Name and location of the facility where the dead human body is being transferred;

(b) Reason for the transfer; and

(c) Method of storage.

(4) A dead human body shall not be embalmed or artificially preserved without: (A) The express permission of a person or entity with the legal right to arrange for the final disposition of the dead human body under the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 ; or (B) A court order.

(A) The express permission of a person or entity with the legal right to arrange for the final disposition of the dead human body under the Arkansas Final Disposition Rights Act of 2009, § 20-17-102 ; or

(B) A court order.

(5) A funeral establishment or crematory shall not store a dead human body until final disposition at a funeral establishment or crematory without a license under this subchapter or § 23-61-1101 et seq.

(6) A funeral establishment, crematory, or transport service of human remains licensed under this subchapter shall not transport or store a dead human body together with animal remains in the same confined space.

(g) It shall be unlawful and a violation of this subchapter and § 23-61-1101 et seq. to transport or otherwise transfer by common carrier a dead human body out of the State of Arkansas unless the body has been prepared and embalmed by a licensed embalmer of this state and a transit-burial permit has been issued by the local registrar of the county where death occurred. A licensee of this state permitting this to be done shall be subject to the punishment under this subchapter and § 23-61-1101 et seq.

(h) It is a violation of this chapter for a person to engage in the practice of embalming or funeral directing or to hold himself or herself out to the public as a licensed practicing embalmer or funeral director in this state without a license.

(i) A person or entity shall not be issued a license to practice the science of embalming or to engage in the business of funeral directing for one (1) year after the license of the person or entity is revoked.

Amended by Act 2019, No. 315,§ 1399, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1398, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 34, eff. 7/24/2019.

Amended by Act 2017, No. 788,§ 20, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 19, eff. 7/1/2018.

Amended by Act 2015, No. 1095,§ 36, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 35, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 34, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 33, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 32, eff. 7/22/2015.

Amended by Act 2015, No. 1095,§ 31, eff. 7/22/2015.

Acts 1983, No. 325, § 11; A.S.A. 1947, § 71-911; Acts 1997, No. 839, § 7; 2003, No. 367, § 4; 2011, No. 874, §§ 5, 6.
Ark. Code Ann. § 17-35-701 — AR Code / Title 17 / Chapter 35 / Subchapter 7 / Section 17-35-701
Creation
Status: in_force

(a) There is created the State Board of Registered Residential Interior Designers. (b) (1) The State Board of Registered Residential Interior Designers shall consist of seven (7) members. Of the seven (7) members of the State Board of Registered Residential Interior Designers: (A) Five (5) shall be registered residential interior designers, one (1) of whom may be a professional full-time design educator, registered or unregistered; (B) One (1) shall be an architect licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers who provides design services; and (C) One (1) shall be a consumer. (2) Members shall be appointed for terms of five (5) years. (3) Vacancies shall be filled by appointment by the Governor for the unexpired term. (4) No State Board of Registered Residential Interior Designers member shall serve consecutive terms. (c) (1) A majority of the members on the State Board of Registered Residential Interior Designers shall constitute a quorum. (2) Decisions of the State Board of Registered Residential Interior Designers shall be made by a majority vote of a quorum. (d) The State Board of Registered Residential Interior Designers shall hold at least two (2) regular meetings each year and such other meetings as are deemed necessary. (e) (1) The State Board of Registered Residential Interior Designers shall elect annually from its members a chair and vice chair to hold office for one (1) year and an executive secretary who may or may not be a member of the State Board of Registered Residential Interior Designers. (2) The executive secretary shall hold the office at the pleasure of the State Board of Registered Residential Interior Designers and may receive a salary determined by the State Board of Registered Residential Interior Designers. (f) (1) State Board of Registered Residential Interior Designers members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The State Board of Registered Residential Interior Designers shall fix the compensation of its employees by resolution adopted at a regular meeting of the State Board of Registered Residential Interior Designers. Acts 1993, No. 959, §§ 4, 7; 1997, No. 250, § 143.

(a) There is created the State Board of Registered Residential Interior Designers.

(b) (1) The State Board of Registered Residential Interior Designers shall consist of seven (7) members. Of the seven (7) members of the State Board of Registered Residential Interior Designers: (A) Five (5) shall be registered residential interior designers, one (1) of whom may be a professional full-time design educator, registered or unregistered; (B) One (1) shall be an architect licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers who provides design services; and (C) One (1) shall be a consumer. (2) Members shall be appointed for terms of five (5) years. (3) Vacancies shall be filled by appointment by the Governor for the unexpired term. (4) No State Board of Registered Residential Interior Designers member shall serve consecutive terms.

(1) The State Board of Registered Residential Interior Designers shall consist of seven (7) members. Of the seven (7) members of the State Board of Registered Residential Interior Designers: (A) Five (5) shall be registered residential interior designers, one (1) of whom may be a professional full-time design educator, registered or unregistered; (B) One (1) shall be an architect licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers who provides design services; and (C) One (1) shall be a consumer.

(A) Five (5) shall be registered residential interior designers, one (1) of whom may be a professional full-time design educator, registered or unregistered;

(B) One (1) shall be an architect licensed by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers who provides design services; and

(C) One (1) shall be a consumer.

(2) Members shall be appointed for terms of five (5) years.

(3) Vacancies shall be filled by appointment by the Governor for the unexpired term.

(4) No State Board of Registered Residential Interior Designers member shall serve consecutive terms.

(c) (1) A majority of the members on the State Board of Registered Residential Interior Designers shall constitute a quorum. (2) Decisions of the State Board of Registered Residential Interior Designers shall be made by a majority vote of a quorum.

(1) A majority of the members on the State Board of Registered Residential Interior Designers shall constitute a quorum.

(2) Decisions of the State Board of Registered Residential Interior Designers shall be made by a majority vote of a quorum.

(d) The State Board of Registered Residential Interior Designers shall hold at least two (2) regular meetings each year and such other meetings as are deemed necessary.

(e) (1) The State Board of Registered Residential Interior Designers shall elect annually from its members a chair and vice chair to hold office for one (1) year and an executive secretary who may or may not be a member of the State Board of Registered Residential Interior Designers. (2) The executive secretary shall hold the office at the pleasure of the State Board of Registered Residential Interior Designers and may receive a salary determined by the State Board of Registered Residential Interior Designers.

(1) The State Board of Registered Residential Interior Designers shall elect annually from its members a chair and vice chair to hold office for one (1) year and an executive secretary who may or may not be a member of the State Board of Registered Residential Interior Designers.

(2) The executive secretary shall hold the office at the pleasure of the State Board of Registered Residential Interior Designers and may receive a salary determined by the State Board of Registered Residential Interior Designers.

(f) (1) State Board of Registered Residential Interior Designers members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The State Board of Registered Residential Interior Designers shall fix the compensation of its employees by resolution adopted at a regular meeting of the State Board of Registered Residential Interior Designers.

(1) State Board of Registered Residential Interior Designers members shall serve without compensation but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(2) The State Board of Registered Residential Interior Designers shall fix the compensation of its employees by resolution adopted at a regular meeting of the State Board of Registered Residential Interior Designers.

Acts 1993, No. 959, §§ 4, 7; 1997, No. 250, § 143.
Ark. Code Ann. § 17-47-304 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-304
Professional soil classifiers - Qualifications - Registration
Status: in_force

(a) An applicant otherwise eligible shall be admitted to registration as a professional soil classifier if he or she has successfully passed an examination in the principles and practice of soil classifying as prescribed by the Arkansas Natural Resources Commission and has one (1) of the following additional qualifications: (1) Is a graduate of a soils curriculum approved by the commission as satisfactory and with a specific record of an additional one (1) year or more of experience of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying and who holds a valid soil classifier-in-training certificate; (2) Is a person who has satisfactorily completed a soil curriculum not approved by the commission and two (2) years or more of experience in soil classifying work of a character and grade which indicates to the commission that the applicant is competent to practice soil classifying; or (3) Is a person who holds a valid soil classifier-in-training certificate with a specific record of one (1) year or more of experience as a soil classifier-in-training of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying. (b) An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he or she is a person who holds a certificate of registration in the practice of soil classifying on the basis of comparable qualifications issued to him or her by a proper authority of another state, possession, or territory of the United States and who, in the opinion of the commission, meets the requirements of this chapter. Amended by Act 2023, No. 691,§ 104, eff. 7/1/2023. Acts 1975, No. 460, §§ 6, 7; A.S.A. 1947, §§ 71-2706, 71-2707.

(a) An applicant otherwise eligible shall be admitted to registration as a professional soil classifier if he or she has successfully passed an examination in the principles and practice of soil classifying as prescribed by the Arkansas Natural Resources Commission and has one (1) of the following additional qualifications: (1) Is a graduate of a soils curriculum approved by the commission as satisfactory and with a specific record of an additional one (1) year or more of experience of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying and who holds a valid soil classifier-in-training certificate; (2) Is a person who has satisfactorily completed a soil curriculum not approved by the commission and two (2) years or more of experience in soil classifying work of a character and grade which indicates to the commission that the applicant is competent to practice soil classifying; or (3) Is a person who holds a valid soil classifier-in-training certificate with a specific record of one (1) year or more of experience as a soil classifier-in-training of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying.

(1) Is a graduate of a soils curriculum approved by the commission as satisfactory and with a specific record of an additional one (1) year or more of experience of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying and who holds a valid soil classifier-in-training certificate;

(2) Is a person who has satisfactorily completed a soil curriculum not approved by the commission and two (2) years or more of experience in soil classifying work of a character and grade which indicates to the commission that the applicant is competent to practice soil classifying; or

(3) Is a person who holds a valid soil classifier-in-training certificate with a specific record of one (1) year or more of experience as a soil classifier-in-training of a grade and character which indicates to the commission that the applicant is competent to practice soil classifying.

(b) An applicant otherwise qualified shall be admitted to registration as a professional soil classifier without examination if he or she is a person who holds a certificate of registration in the practice of soil classifying on the basis of comparable qualifications issued to him or her by a proper authority of another state, possession, or territory of the United States and who, in the opinion of the commission, meets the requirements of this chapter.

Amended by Act 2023, No. 691,§ 104, eff. 7/1/2023.

Acts 1975, No. 460, §§ 6, 7; A.S.A. 1947, §§ 71-2706, 71-2707.
Ark. Code Ann. § 17-93-301 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-301
License required - Exceptions
Status: in_force

(a) (1) Unless physical therapy services are provided by or under the direction of a person licensed by the Arkansas State Board of Physical Therapy under this chapter, it is unlawful for a person to: (A) Practice physical therapy; (B) Profess to be a physical therapist, physiotherapist, or physical therapy technician; or (C) Use: (i) The words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", or "doctor of physical therapy"; (ii) The initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T."; or (iii) Other letters, words, abbreviations, or insignia indicating or implying that the person is providing physical therapy services. (2) A person or entity shall not advertise or otherwise promote a person as being a physical therapist or physiotherapist unless the person being advertised or promoted is licensed under this chapter. (3) A person or entity that offers, provides, or bills an individual for services shall not characterize the services provided as physical therapy unless the person performing the services is licensed as a physical therapist under this chapter. (b) A person shall not use the title "physical therapist assistant", the letters "P.T.A", or any other words, abbreviations, or insignia in connection with the person's name to indicate or imply that the person is a physical therapist assistant unless the person is licensed as a physical therapist assistant under this chapter. (c) The following persons are exempt from the licensure requirements of this chapter when engaged in the following activities: (1) A person in an entry-level professional education program approved by the board who is: (A) Satisfying supervised clinical education requirements related to the person's physical therapist education; and (B) Under onsite supervision of a licensed physical therapist; (2) A physical therapist who is practicing in the United States Armed Forces, United States Public Health Service, or United States Department of Veterans Administration under federal regulations for state licensure of healthcare professionals; (3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if the physical therapist is: (A) Teaching, demonstrating, or providing physical therapy services in connection with teaching; or (B) Participating in an education seminar of no more than sixty (60) days in a calendar year; (4) A physical therapist who is licensed in another jurisdiction of the United States if the physical therapist is providing consultation by means of telecommunication to a physical therapist licensed by the board under this chapter; (5) A physical therapist who is licensed in a jurisdiction of the United States or credentialed in another country, if the physical therapist is providing physical therapy by contract or employment to individuals affiliated with or employed by an established athletic team, athletic organization, or performing arts company that is temporarily practicing, competing, or performing in the state for no more than sixty (60) days in a calendar year; (6) (A) A physical therapist who is licensed in a jurisdiction of the United States and who enters this state to provide physical therapy during a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(6)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(6)(A) of this section; (7) (A) A physical therapist licensed in a jurisdiction of the United States who seeks to practice physical therapy in this state because he or she is forced to leave his or her residence or place of employment due to a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(7)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(7)(A) of this section; (8) A physical therapist assistant who is licensed in a jurisdiction of the United States and is assisting a physical therapist engaged in physical therapy services under the exemption in subdivisions (c)(2), (c)(3), (c)(5), (c)(6), and (c)(7) of this section; and (9) A physical therapist providing services through a program in partnership with federal Innovative Readiness Training if the physical therapist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia. Amended by Act 2017, No. 205,§ 6, eff. 8/1/2017. Acts 1959, No. 141, § 14; 1979, No. 631, § 9; A.S.A. 1947, § 72-1330; Acts 2001, No. 1412, § 4; 2009, No. 1471, § 4.

(a) (1) Unless physical therapy services are provided by or under the direction of a person licensed by the Arkansas State Board of Physical Therapy under this chapter, it is unlawful for a person to: (A) Practice physical therapy; (B) Profess to be a physical therapist, physiotherapist, or physical therapy technician; or (C) Use: (i) The words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", or "doctor of physical therapy"; (ii) The initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T."; or (iii) Other letters, words, abbreviations, or insignia indicating or implying that the person is providing physical therapy services. (2) A person or entity shall not advertise or otherwise promote a person as being a physical therapist or physiotherapist unless the person being advertised or promoted is licensed under this chapter. (3) A person or entity that offers, provides, or bills an individual for services shall not characterize the services provided as physical therapy unless the person performing the services is licensed as a physical therapist under this chapter.

(1) Unless physical therapy services are provided by or under the direction of a person licensed by the Arkansas State Board of Physical Therapy under this chapter, it is unlawful for a person to: (A) Practice physical therapy; (B) Profess to be a physical therapist, physiotherapist, or physical therapy technician; or (C) Use: (i) The words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", or "doctor of physical therapy"; (ii) The initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T."; or (iii) Other letters, words, abbreviations, or insignia indicating or implying that the person is providing physical therapy services.

(A) Practice physical therapy;

(B) Profess to be a physical therapist, physiotherapist, or physical therapy technician; or

(C) Use: (i) The words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", or "doctor of physical therapy"; (ii) The initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T."; or (iii) Other letters, words, abbreviations, or insignia indicating or implying that the person is providing physical therapy services.

(i) The words "physical therapy", "physical therapist", "physiotherapist", "registered physical therapist", or "doctor of physical therapy";

(ii) The initials "P.T.", "D.P.T.", "L.P.T.", or "R.P.T."; or

(iii) Other letters, words, abbreviations, or insignia indicating or implying that the person is providing physical therapy services.

(2) A person or entity shall not advertise or otherwise promote a person as being a physical therapist or physiotherapist unless the person being advertised or promoted is licensed under this chapter.

(3) A person or entity that offers, provides, or bills an individual for services shall not characterize the services provided as physical therapy unless the person performing the services is licensed as a physical therapist under this chapter.

(b) A person shall not use the title "physical therapist assistant", the letters "P.T.A", or any other words, abbreviations, or insignia in connection with the person's name to indicate or imply that the person is a physical therapist assistant unless the person is licensed as a physical therapist assistant under this chapter.

(c) The following persons are exempt from the licensure requirements of this chapter when engaged in the following activities: (1) A person in an entry-level professional education program approved by the board who is: (A) Satisfying supervised clinical education requirements related to the person's physical therapist education; and (B) Under onsite supervision of a licensed physical therapist; (2) A physical therapist who is practicing in the United States Armed Forces, United States Public Health Service, or United States Department of Veterans Administration under federal regulations for state licensure of healthcare professionals; (3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if the physical therapist is: (A) Teaching, demonstrating, or providing physical therapy services in connection with teaching; or (B) Participating in an education seminar of no more than sixty (60) days in a calendar year; (4) A physical therapist who is licensed in another jurisdiction of the United States if the physical therapist is providing consultation by means of telecommunication to a physical therapist licensed by the board under this chapter; (5) A physical therapist who is licensed in a jurisdiction of the United States or credentialed in another country, if the physical therapist is providing physical therapy by contract or employment to individuals affiliated with or employed by an established athletic team, athletic organization, or performing arts company that is temporarily practicing, competing, or performing in the state for no more than sixty (60) days in a calendar year; (6) (A) A physical therapist who is licensed in a jurisdiction of the United States and who enters this state to provide physical therapy during a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(6)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(6)(A) of this section; (7) (A) A physical therapist licensed in a jurisdiction of the United States who seeks to practice physical therapy in this state because he or she is forced to leave his or her residence or place of employment due to a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(7)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(7)(A) of this section; (8) A physical therapist assistant who is licensed in a jurisdiction of the United States and is assisting a physical therapist engaged in physical therapy services under the exemption in subdivisions (c)(2), (c)(3), (c)(5), (c)(6), and (c)(7) of this section; and (9) A physical therapist providing services through a program in partnership with federal Innovative Readiness Training if the physical therapist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

(1) A person in an entry-level professional education program approved by the board who is: (A) Satisfying supervised clinical education requirements related to the person's physical therapist education; and (B) Under onsite supervision of a licensed physical therapist;

(A) Satisfying supervised clinical education requirements related to the person's physical therapist education; and

(B) Under onsite supervision of a licensed physical therapist;

(2) A physical therapist who is practicing in the United States Armed Forces, United States Public Health Service, or United States Department of Veterans Administration under federal regulations for state licensure of healthcare professionals;

(3) A physical therapist who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy in another country if the physical therapist is: (A) Teaching, demonstrating, or providing physical therapy services in connection with teaching; or (B) Participating in an education seminar of no more than sixty (60) days in a calendar year;

(A) Teaching, demonstrating, or providing physical therapy services in connection with teaching; or

(B) Participating in an education seminar of no more than sixty (60) days in a calendar year;

(4) A physical therapist who is licensed in another jurisdiction of the United States if the physical therapist is providing consultation by means of telecommunication to a physical therapist licensed by the board under this chapter;

(5) A physical therapist who is licensed in a jurisdiction of the United States or credentialed in another country, if the physical therapist is providing physical therapy by contract or employment to individuals affiliated with or employed by an established athletic team, athletic organization, or performing arts company that is temporarily practicing, competing, or performing in the state for no more than sixty (60) days in a calendar year;

(6) (A) A physical therapist who is licensed in a jurisdiction of the United States and who enters this state to provide physical therapy during a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(6)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(6)(A) of this section;

(A) A physical therapist who is licensed in a jurisdiction of the United States and who enters this state to provide physical therapy during a declared local, state, or national disaster or emergency.

(B) The exemption under subdivision (c)(6)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency.

(C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(6)(A) of this section;

(7) (A) A physical therapist licensed in a jurisdiction of the United States who seeks to practice physical therapy in this state because he or she is forced to leave his or her residence or place of employment due to a declared local, state, or national disaster or emergency. (B) The exemption under subdivision (c)(7)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency. (C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(7)(A) of this section;

(A) A physical therapist licensed in a jurisdiction of the United States who seeks to practice physical therapy in this state because he or she is forced to leave his or her residence or place of employment due to a declared local, state, or national disaster or emergency.

(B) The exemption under subdivision (c)(7)(A) of this section is applicable for only sixty (60) days following the declaration of the disaster or emergency.

(C) In order to be eligible for this exemption, the physical therapist shall notify the board of his or her intent to practice physical therapy in this state under subdivision (c)(7)(A) of this section;

(8) A physical therapist assistant who is licensed in a jurisdiction of the United States and is assisting a physical therapist engaged in physical therapy services under the exemption in subdivisions (c)(2), (c)(3), (c)(5), (c)(6), and (c)(7) of this section; and

(9) A physical therapist providing services through a program in partnership with federal Innovative Readiness Training if the physical therapist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

Amended by Act 2017, No. 205,§ 6, eff. 8/1/2017.

Acts 1959, No. 141, § 14; 1979, No. 631, § 9; A.S.A. 1947, § 72-1330; Acts 2001, No. 1412, § 4; 2009, No. 1471, § 4.
Ark. Code Ann. § 17-19-201 — AR Code / Title 17 / Chapter 19 / Subchapter 2 / Section 17-19-201
Licenses required
Status: in_force

(a) No person shall engage in bail bond business without first having been licensed as provided in this chapter. (b) A professional bail bondsman shall not execute, issue, or deliver an appearance bond in this state without holding a valid appointment from a professional bail bond company and without attaching to the appearance bond an executed and numbered power of attorney referencing the professional bail bond company. (c) An insurer shall not execute an undertaking of bail without being licensed as a professional bail bond company. (d) A professional bail bond company shall not engage in the bail bond business: (1) Without having been licensed as a professional bail bond company under this chapter; and (2) Except through an agent licensed as a professional bail bondsman under this chapter. (e) A professional bail bond company shall not permit any unlicensed person to solicit or engage in the bail bond business in the company's behalf, except for individuals who are employed solely for the performance of clerical, stenographic, investigative, or other administrative duties which do not require a license under this chapter and whose compensation is not related to or contingent upon the number of bonds written. Amended by Act 2021, No. 1039,§ 2, eff. 7/28/2021. Acts 1989, No. 417, § 1.

(a) No person shall engage in bail bond business without first having been licensed as provided in this chapter.

(b) A professional bail bondsman shall not execute, issue, or deliver an appearance bond in this state without holding a valid appointment from a professional bail bond company and without attaching to the appearance bond an executed and numbered power of attorney referencing the professional bail bond company.

(c) An insurer shall not execute an undertaking of bail without being licensed as a professional bail bond company.

(d) A professional bail bond company shall not engage in the bail bond business: (1) Without having been licensed as a professional bail bond company under this chapter; and (2) Except through an agent licensed as a professional bail bondsman under this chapter.

(1) Without having been licensed as a professional bail bond company under this chapter; and

(2) Except through an agent licensed as a professional bail bondsman under this chapter.

(e) A professional bail bond company shall not permit any unlicensed person to solicit or engage in the bail bond business in the company's behalf, except for individuals who are employed solely for the performance of clerical, stenographic, investigative, or other administrative duties which do not require a license under this chapter and whose compensation is not related to or contingent upon the number of bonds written.

Amended by Act 2021, No. 1039,§ 2, eff. 7/28/2021.

Acts 1989, No. 417, § 1.
Ark. Code Ann. § 17-24-402 — AR Code / Title 17 / Chapter 24 / Subchapter 4 / Section 17-24-402
Motion to quash writ or set aside service
Status: in_force

Nothing contained in § 17-24-404 shall be construed to prevent a nonresident person, partnership, association, or any foreign corporation upon whom service of process is had as provided in § 17-24-403 from filing a motion to quash a writ or to set aside service made as provided in § 17-24-403 on the grounds that the person, partnership, association, or foreign corporation has not done or committed any of the acts in this state which give rise to such service of process. Acts 1969, No. 214, § 6; A.S.A. 1947, § 71-2015.

Nothing contained in § 17-24-404 shall be construed to prevent a nonresident person, partnership, association, or any foreign corporation upon whom service of process is had as provided in § 17-24-403 from filing a motion to quash a writ or to set aside service made as provided in § 17-24-403 on the grounds that the person, partnership, association, or foreign corporation has not done or committed any of the acts in this state which give rise to such service of process.

Acts 1969, No. 214, § 6; A.S.A. 1947, § 71-2015.
Ark. Code Ann. § 17-14-402 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-402
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means any company that controls, is controlled by, or is under common control with another company; (2) (A) "Appraisal management company" means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as securitizations; and (iii) Within a given twelve-month period, oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states. (B) An appraisal management company does not include a department or division of an entity that provides appraisal management services only to that entity; (3) "Appraisal Management Company National Registry" means the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council; (4) "Appraisal management services" means one (1) or more of the following activities: (A) Recruiting, selecting, and retaining appraisers; (B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (C) Managing the process of having an appraisal performed, including without limitation providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; and (D) Reviewing and verifying the work of appraisers; (5) "Appraisal services" means the practice of developing an opinion of the value of real property in conformance with the minimum reporting standards under § 17-14-202(b) ; (6) "Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council; (7) "Appraiser" means an individual licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., who for a fee or other consideration develops and communicates a real estate appraisal or otherwise gives an opinion of the value of real estate or any interest in real estate; (8) "Appraiser panel" means a group, pool, network, list, or roster of licensed or certified appraisers approved to perform appraisal services as independent contractors for the appraisal management company; (9) [Repealed.] (10) "Client" means a person that contracts with or otherwise enters into an agreement with an appraisal management company for the performance of appraisal services; (11) "Controlling person" or "managing principal" means an: (A) Owner, officer, or director of an appraisal management company; (B) Individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and the authority to enter into agreements with appraisers for the performance of appraisals; or (C) Individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company; (12) "Covered transaction" means any consumer credit transaction secured by the principal dwelling of the consumer; (13) "Creditor" means a person that regularly extends consumer credit: (A) That is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including a down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; or (B) (i) If the person extended credit more than five (5) times for a transaction secured by a dwelling in the preceding calendar year. (ii) If a person meets the numerical standards under subdivision (13)(B)(i) of this section in the preceding calendar year, the numerical standards shall be applied to the current calendar year. (iii) A person regularly extends consumer credit if, in any twelve-month period, the person originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. § 1026.32 or one (1) or more credit extensions through a mortgage broker; (14) (A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property. (B) A dwelling includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (C) (i) A consumer can have only one (1) principal dwelling at a time. (ii) A vacation home or other second home is not a principal dwelling. (iii) However, if a consumer buys or builds a new dwelling that will become the principal dwelling of the consumer within a year or upon the completion of construction, the new dwelling is considered the principal dwelling under this section; (15) "Federally regulated appraisal management company" means an appraisal management company that is owned and controlled by an insured depository institution as defined under 12 U.S.C. § 1813 , and regulated by the United States Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation; (16) "Federally related transaction regulations" means regulations established by the United States Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration, under Sections 1112, 1113, and 1114 of Title XI of Pub. L. No. 101-73, 12 U.S.C. §§ 3341 - 3343 ; (17) "Person" means a natural person or an organization, including without limitation a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit; (18) "Registrant" means an appraisal management company or person that is registered under this subchapter; (19) (A) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities or an underwriter or issuer of mortgage-backed securities. (B) Secondary mortgage market participant only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of a guarantor, insurer, underwriter, or issuer for the mortgage-backed security; (20) "States" means the fifty (50) states, the District of Columbia, and the territories of Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands; and (21) "Uniform Standards of Professional Appraisal Practice" means the appraisal standards promulgated by the Appraisal Standards Board of the Appraisal Foundation. Amended by Act 2023, No. 628,§ 35, eff. 7/1/2023. Amended by Act 2017, No. 535,§ 4, eff. 3/20/2017. Acts 2009, No. 628, § 1.

As used in this subchapter:

(1) "Affiliate" means any company that controls, is controlled by, or is under common control with another company;

(2) (A) "Appraisal management company" means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as securitizations; and (iii) Within a given twelve-month period, oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states. (B) An appraisal management company does not include a department or division of an entity that provides appraisal management services only to that entity;

(A) "Appraisal management company" means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as securitizations; and (iii) Within a given twelve-month period, oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states.

(i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;

(ii) Provides such services in connection with valuing a consumer's principal dwelling as securitizations; and

(iii) Within a given twelve-month period, oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states.

(B) An appraisal management company does not include a department or division of an entity that provides appraisal management services only to that entity;

(3) "Appraisal Management Company National Registry" means the registry of state-registered appraisal management companies and federally regulated appraisal management companies maintained by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council;

(4) "Appraisal management services" means one (1) or more of the following activities: (A) Recruiting, selecting, and retaining appraisers; (B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (C) Managing the process of having an appraisal performed, including without limitation providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; and (D) Reviewing and verifying the work of appraisers;

(A) Recruiting, selecting, and retaining appraisers;

(B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments;

(C) Managing the process of having an appraisal performed, including without limitation providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary market participants, collecting fees from creditors and secondary market participants for services provided, and paying appraisers for services performed; and

(D) Reviewing and verifying the work of appraisers;

(5) "Appraisal services" means the practice of developing an opinion of the value of real property in conformance with the minimum reporting standards under § 17-14-202(b) ;

(6) "Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council;

(7) "Appraiser" means an individual licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., who for a fee or other consideration develops and communicates a real estate appraisal or otherwise gives an opinion of the value of real estate or any interest in real estate;

(8) "Appraiser panel" means a group, pool, network, list, or roster of licensed or certified appraisers approved to perform appraisal services as independent contractors for the appraisal management company;

(9) [Repealed.]

(10) "Client" means a person that contracts with or otherwise enters into an agreement with an appraisal management company for the performance of appraisal services;

(11) "Controlling person" or "managing principal" means an: (A) Owner, officer, or director of an appraisal management company; (B) Individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and the authority to enter into agreements with appraisers for the performance of appraisals; or (C) Individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company;

(A) Owner, officer, or director of an appraisal management company;

(B) Individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and the authority to enter into agreements with appraisers for the performance of appraisals; or

(C) Individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company;

(12) "Covered transaction" means any consumer credit transaction secured by the principal dwelling of the consumer;

(13) "Creditor" means a person that regularly extends consumer credit: (A) That is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including a down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; or (B) (i) If the person extended credit more than five (5) times for a transaction secured by a dwelling in the preceding calendar year. (ii) If a person meets the numerical standards under subdivision (13)(B)(i) of this section in the preceding calendar year, the numerical standards shall be applied to the current calendar year. (iii) A person regularly extends consumer credit if, in any twelve-month period, the person originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. § 1026.32 or one (1) or more credit extensions through a mortgage broker;

(A) That is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including a down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; or

(B) (i) If the person extended credit more than five (5) times for a transaction secured by a dwelling in the preceding calendar year. (ii) If a person meets the numerical standards under subdivision (13)(B)(i) of this section in the preceding calendar year, the numerical standards shall be applied to the current calendar year. (iii) A person regularly extends consumer credit if, in any twelve-month period, the person originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. § 1026.32 or one (1) or more credit extensions through a mortgage broker;

(i) If the person extended credit more than five (5) times for a transaction secured by a dwelling in the preceding calendar year.

(ii) If a person meets the numerical standards under subdivision (13)(B)(i) of this section in the preceding calendar year, the numerical standards shall be applied to the current calendar year.

(iii) A person regularly extends consumer credit if, in any twelve-month period, the person originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. § 1026.32 or one (1) or more credit extensions through a mortgage broker;

(14) (A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property. (B) A dwelling includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (C) (i) A consumer can have only one (1) principal dwelling at a time. (ii) A vacation home or other second home is not a principal dwelling. (iii) However, if a consumer buys or builds a new dwelling that will become the principal dwelling of the consumer within a year or upon the completion of construction, the new dwelling is considered the principal dwelling under this section;

(A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property.

(B) A dwelling includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence.

(C) (i) A consumer can have only one (1) principal dwelling at a time. (ii) A vacation home or other second home is not a principal dwelling. (iii) However, if a consumer buys or builds a new dwelling that will become the principal dwelling of the consumer within a year or upon the completion of construction, the new dwelling is considered the principal dwelling under this section;

(i) A consumer can have only one (1) principal dwelling at a time.

(ii) A vacation home or other second home is not a principal dwelling.

(iii) However, if a consumer buys or builds a new dwelling that will become the principal dwelling of the consumer within a year or upon the completion of construction, the new dwelling is considered the principal dwelling under this section;

(15) "Federally regulated appraisal management company" means an appraisal management company that is owned and controlled by an insured depository institution as defined under 12 U.S.C. § 1813 , and regulated by the United States Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Federal Deposit Insurance Corporation;

(16) "Federally related transaction regulations" means regulations established by the United States Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration, under Sections 1112, 1113, and 1114 of Title XI of Pub. L. No. 101-73, 12 U.S.C. §§ 3341 - 3343 ;

(17) "Person" means a natural person or an organization, including without limitation a corporation, partnership, proprietorship, association, cooperative, estate, trust, or government unit;

(18) "Registrant" means an appraisal management company or person that is registered under this subchapter;

(19) (A) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities or an underwriter or issuer of mortgage-backed securities. (B) Secondary mortgage market participant only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of a guarantor, insurer, underwriter, or issuer for the mortgage-backed security;

(A) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities or an underwriter or issuer of mortgage-backed securities.

(B) Secondary mortgage market participant only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of a guarantor, insurer, underwriter, or issuer for the mortgage-backed security;

(20) "States" means the fifty (50) states, the District of Columbia, and the territories of Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands; and

(21) "Uniform Standards of Professional Appraisal Practice" means the appraisal standards promulgated by the Appraisal Standards Board of the Appraisal Foundation.

Amended by Act 2023, No. 628,§ 35, eff. 7/1/2023.

Amended by Act 2017, No. 535,§ 4, eff. 3/20/2017.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-24-503 — AR Code / Title 17 / Chapter 24 / Subchapter 5 / Section 17-24-503
Acquisition of location information
Status: in_force

A debt collector communicating with a person other than the consumer to acquire location information about the consumer shall: (1) Identify himself or herself, state that he or she is confirming or correcting location information concerning the consumer, and only if expressly requested, identify his or her employer; (2) Not state that the consumer owes a debt; (3) Not communicate with the person more than one (1) time unless: (A) Requested to do so by the person; or (B) The debt collector reasonably believes that: (i) The earlier response of the person is erroneous or incomplete; and (ii) The person now has correct or complete location information; (4) Not communicate by postcard; (5) Not use a language or symbol on a envelope or in the contents of a communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and (6) After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain the attorney's name and address, not communicate with a person other than that attorney unless the attorney fails to respond to communication from the debt collector within a reasonable period of time. Acts 2009, No. 1455, § 1.

A debt collector communicating with a person other than the consumer to acquire location information about the consumer shall:

(1) Identify himself or herself, state that he or she is confirming or correcting location information concerning the consumer, and only if expressly requested, identify his or her employer;

(2) Not state that the consumer owes a debt;

(3) Not communicate with the person more than one (1) time unless: (A) Requested to do so by the person; or (B) The debt collector reasonably believes that: (i) The earlier response of the person is erroneous or incomplete; and (ii) The person now has correct or complete location information;

(A) Requested to do so by the person; or

(B) The debt collector reasonably believes that: (i) The earlier response of the person is erroneous or incomplete; and (ii) The person now has correct or complete location information;

(i) The earlier response of the person is erroneous or incomplete; and

(ii) The person now has correct or complete location information;

(4) Not communicate by postcard;

(5) Not use a language or symbol on a envelope or in the contents of a communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain the attorney's name and address, not communicate with a person other than that attorney unless the attorney fails to respond to communication from the debt collector within a reasonable period of time.

Acts 2009, No. 1455, § 1.
Ark. Code Ann. § 17-42-603 — AR Code / Title 17 / Chapter 42 / Subchapter 6 / Section 17-42-603
Disposition of funds
Status: in_force

(a) (1) The recipient of the funds generated by the interest on real estate brokers' trust account program shall be such Arkansas nonprofit corporation as the Arkansas Real Estate Commission shall designate. (2) The corporation shall be governed by a board of directors consisting of not fewer than five (5) nor more than fifteen (15) members. (3) At least sixty percent (60%) of the total number of directors shall be appointed by the commission and the remainder by the Arkansas Realtors Association. (4) The corporation shall be tax exempt as defined by § 501(c)(3) of the Internal Revenue Code. (b) The funds generated by the program shall be used for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation specified in this section. Acts 1993, No. 690, § 24.

(a) (1) The recipient of the funds generated by the interest on real estate brokers' trust account program shall be such Arkansas nonprofit corporation as the Arkansas Real Estate Commission shall designate. (2) The corporation shall be governed by a board of directors consisting of not fewer than five (5) nor more than fifteen (15) members. (3) At least sixty percent (60%) of the total number of directors shall be appointed by the commission and the remainder by the Arkansas Realtors Association. (4) The corporation shall be tax exempt as defined by § 501(c)(3) of the Internal Revenue Code.

(1) The recipient of the funds generated by the interest on real estate brokers' trust account program shall be such Arkansas nonprofit corporation as the Arkansas Real Estate Commission shall designate.

(2) The corporation shall be governed by a board of directors consisting of not fewer than five (5) nor more than fifteen (15) members.

(3) At least sixty percent (60%) of the total number of directors shall be appointed by the commission and the remainder by the Arkansas Realtors Association.

(4) The corporation shall be tax exempt as defined by § 501(c)(3) of the Internal Revenue Code.

(b) The funds generated by the program shall be used for economic development, research, education, and such other public service purposes as may be determined by the recipient corporation specified in this section.

Acts 1993, No. 690, § 24.
Ark. Code Ann. § 17-82-109 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-109
Enforcement
Status: in_force

It is the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their respective jurisdictions. Acts 1955, No. 14, § 37; A.S.A. 1947, § 72-570.

It is the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their respective jurisdictions.

Acts 1955, No. 14, § 37; A.S.A. 1947, § 72-570.
Ark. Code Ann. § 17-83-201 — AR Code / Title 17 / Chapter 83 / Subchapter 2 / Section 17-83-201
Creation - Members
Status: in_force

(a) There is hereby created the Arkansas Dietetics Licensing Board, to commence operations on January 1, 1990. (b) The Arkansas Dietetics Licensing Board shall consist of five (5) persons, all of whom are Arkansas residents, with the following qualifications: (1) Three (3) members who are licensed dietitians; and (2) Two (2) members who are representatives of the public at large, including: (A) One (1) member who is not actively engaged in or retired from the field of dietetics, to represent consumers; and (B) One (1) member who is sixty (60) years of age or older, who is not actively engaged in or retired from the field of dietetics, to represent the elderly. (c) The members shall be appointed by the Governor from the state at large subject to confirmation by the Senate and shall serve terms of five (5) years each. (d) (1) The Governor shall consult the Board of Directors of the Arkansas Academy of Nutrition and Dietetics before appointing the three (3) members who are licensed dieticians. (2) Each of the board members who are licensed dieticians shall have been practicing dietitians for at least five (5) years preceding his or her appointment. (e) (1) Members of the Arkansas Dietetics Licensing Board may be removed from office by the Governor for cause. (2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments. (3) A person chosen to fill a vacancy shall be appointed only for the unexpired terms of the Arkansas Dietetics Licensing Board member replaced. (4) No members shall serve more than two (2) consecutive terms. (f) Each member of the Arkansas Dietetics Licensing Board may receive expense reimbursement in accordance with § 25-16-901 et seq. However, expenses shall in no case exceed the fees collected by the Arkansas Dietetics Licensing Board. All reimbursements for expenses authorized by this chapter shall be paid from the Dietetics Practice Licensing Fund. Amended by Act 2017, No. 540,§ 26, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 31, eff. 7/22/2015. Amended by Act 2013, No. 173,§ 3, eff. 8/16/2013. Acts 1989, No. 392, §§ 8, 10; 1997, No. 250, § 156.

(a) There is hereby created the Arkansas Dietetics Licensing Board, to commence operations on January 1, 1990.

(b) The Arkansas Dietetics Licensing Board shall consist of five (5) persons, all of whom are Arkansas residents, with the following qualifications: (1) Three (3) members who are licensed dietitians; and (2) Two (2) members who are representatives of the public at large, including: (A) One (1) member who is not actively engaged in or retired from the field of dietetics, to represent consumers; and (B) One (1) member who is sixty (60) years of age or older, who is not actively engaged in or retired from the field of dietetics, to represent the elderly.

(1) Three (3) members who are licensed dietitians; and

(2) Two (2) members who are representatives of the public at large, including: (A) One (1) member who is not actively engaged in or retired from the field of dietetics, to represent consumers; and (B) One (1) member who is sixty (60) years of age or older, who is not actively engaged in or retired from the field of dietetics, to represent the elderly.

(A) One (1) member who is not actively engaged in or retired from the field of dietetics, to represent consumers; and

(B) One (1) member who is sixty (60) years of age or older, who is not actively engaged in or retired from the field of dietetics, to represent the elderly.

(c) The members shall be appointed by the Governor from the state at large subject to confirmation by the Senate and shall serve terms of five (5) years each.

(d) (1) The Governor shall consult the Board of Directors of the Arkansas Academy of Nutrition and Dietetics before appointing the three (3) members who are licensed dieticians. (2) Each of the board members who are licensed dieticians shall have been practicing dietitians for at least five (5) years preceding his or her appointment.

(1) The Governor shall consult the Board of Directors of the Arkansas Academy of Nutrition and Dietetics before appointing the three (3) members who are licensed dieticians.

(2) Each of the board members who are licensed dieticians shall have been practicing dietitians for at least five (5) years preceding his or her appointment.

(e) (1) Members of the Arkansas Dietetics Licensing Board may be removed from office by the Governor for cause. (2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments. (3) A person chosen to fill a vacancy shall be appointed only for the unexpired terms of the Arkansas Dietetics Licensing Board member replaced. (4) No members shall serve more than two (2) consecutive terms.

(1) Members of the Arkansas Dietetics Licensing Board may be removed from office by the Governor for cause.

(2) In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments.

(3) A person chosen to fill a vacancy shall be appointed only for the unexpired terms of the Arkansas Dietetics Licensing Board member replaced.

(4) No members shall serve more than two (2) consecutive terms.

(f) Each member of the Arkansas Dietetics Licensing Board may receive expense reimbursement in accordance with § 25-16-901 et seq. However, expenses shall in no case exceed the fees collected by the Arkansas Dietetics Licensing Board. All reimbursements for expenses authorized by this chapter shall be paid from the Dietetics Practice Licensing Fund.

Amended by Act 2017, No. 540,§ 26, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 31, eff. 7/22/2015.

Amended by Act 2013, No. 173,§ 3, eff. 8/16/2013.

Acts 1989, No. 392, §§ 8, 10; 1997, No. 250, § 156.
Ark. Code Ann. § 17-53-210 — AR Code / Title 17 / Chapter 53 / Subchapter 2 / Section 17-53-210
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017. Amended by Act 2013, No. 480,§ 2, eff. 7/1/2013.

Repealed by Act 2017, No. 540,§ 24, eff. 8/1/2017.

Amended by Act 2013, No. 480,§ 2, eff. 7/1/2013.
Ark. Code Ann. § 17-95-914 — AR Code / Title 17 / Chapter 95 / Subchapter 9 / Section 17-95-914
Rulemaking authority
Status: in_force

The Arkansas State Medical Board shall promulgate rules that are reasonable and necessary to implement this subchapter. Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.

The Arkansas State Medical Board shall promulgate rules that are reasonable and necessary to implement this subchapter.

Added by Act 2015, No. 929,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-87-205 — AR Code / Title 17 / Chapter 87 / Subchapter 2 / Section 17-87-205
Prescriptive Authority Advisory Committee
Status: in_force

(a) (1) The Prescriptive Authority Advisory Committee is created as an advisory committee to the Arkansas State Board of Nursing. (2) The committee shall assist the board in implementing the provisions of this chapter regarding prescriptive authority. (b) The board shall appoint six (6) members, to be approved by the Governor, who have the following qualifications: (1) Four (4) members shall be advanced practice registered nurses at least three (3) of whom hold certificates of prescriptive authority and an active United States Drug Enforcement Administration number; (2) One (1) member shall be a licensed physician who has been involved in a collaborative practice with an advanced practice registered nurse for at least five (5) years; and (3) One (1) member shall be a licensed pharmacist who has been licensed for at least five (5) years. (c) Members shall serve three-year terms. (d) The board may remove any committee member, after notice and hearing, for incapacity, incompetence, neglect of duty, or malfeasance in office. (e) The members shall serve without compensation, but may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2013, No. 604,§ 11, eff. 8/16/2013. Acts 1995, No. 409, § 7; 1997, No. 250, § 160.

(a) (1) The Prescriptive Authority Advisory Committee is created as an advisory committee to the Arkansas State Board of Nursing. (2) The committee shall assist the board in implementing the provisions of this chapter regarding prescriptive authority.

(1) The Prescriptive Authority Advisory Committee is created as an advisory committee to the Arkansas State Board of Nursing.

(2) The committee shall assist the board in implementing the provisions of this chapter regarding prescriptive authority.

(b) The board shall appoint six (6) members, to be approved by the Governor, who have the following qualifications: (1) Four (4) members shall be advanced practice registered nurses at least three (3) of whom hold certificates of prescriptive authority and an active United States Drug Enforcement Administration number; (2) One (1) member shall be a licensed physician who has been involved in a collaborative practice with an advanced practice registered nurse for at least five (5) years; and (3) One (1) member shall be a licensed pharmacist who has been licensed for at least five (5) years.

(1) Four (4) members shall be advanced practice registered nurses at least three (3) of whom hold certificates of prescriptive authority and an active United States Drug Enforcement Administration number;

(2) One (1) member shall be a licensed physician who has been involved in a collaborative practice with an advanced practice registered nurse for at least five (5) years; and

(3) One (1) member shall be a licensed pharmacist who has been licensed for at least five (5) years.

(c) Members shall serve three-year terms.

(d) The board may remove any committee member, after notice and hearing, for incapacity, incompetence, neglect of duty, or malfeasance in office.

(e) The members shall serve without compensation, but may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2013, No. 604,§ 11, eff. 8/16/2013.

Acts 1995, No. 409, § 7; 1997, No. 250, § 160.
Ark. Code Ann. § 17-89-310 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-310
Complaints - Hearings
Status: in_force

(a) (1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person with having violated the provisions of this chapter. (2) The complaint shall set forth specific charges in sufficient detail so as to disclose to the accused person fully and completely the alleged acts of misconduct for which he or she is charged. (3) When the complaint is filed with the board, the Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall mail a copy to the accused person by registered mail at his or her last address of record with a written notice of the time and place of hearing advising him or her that he or she may be present in person and with counsel, if he or she so desires, to offer evidence and be heard in his or her defense. (b) (1) At the time and place fixed for hearing before the board, the board shall receive evidence upon the complaint under consideration and shall accord the person against whom charges have been made a full and fair opportunity to be heard in his or her defense. (2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly, provided that all oral testimony by the board must be taken under oath. (3) All hearings shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) All evidence considered by the board shall be construed so as not to deprive any person of his or her rights without a full, fair, and impartial hearing. (5) The board may administer oaths and issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board. Acts 1981, No. 589, § 18; A.S.A. 1947, § 72-2118; Acts 1999, No. 524, § 5.

(a) (1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person with having violated the provisions of this chapter. (2) The complaint shall set forth specific charges in sufficient detail so as to disclose to the accused person fully and completely the alleged acts of misconduct for which he or she is charged. (3) When the complaint is filed with the board, the Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall mail a copy to the accused person by registered mail at his or her last address of record with a written notice of the time and place of hearing advising him or her that he or she may be present in person and with counsel, if he or she so desires, to offer evidence and be heard in his or her defense.

(1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person with having violated the provisions of this chapter.

(2) The complaint shall set forth specific charges in sufficient detail so as to disclose to the accused person fully and completely the alleged acts of misconduct for which he or she is charged.

(3) When the complaint is filed with the board, the Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall mail a copy to the accused person by registered mail at his or her last address of record with a written notice of the time and place of hearing advising him or her that he or she may be present in person and with counsel, if he or she so desires, to offer evidence and be heard in his or her defense.

(b) (1) At the time and place fixed for hearing before the board, the board shall receive evidence upon the complaint under consideration and shall accord the person against whom charges have been made a full and fair opportunity to be heard in his or her defense. (2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly, provided that all oral testimony by the board must be taken under oath. (3) All hearings shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) All evidence considered by the board shall be construed so as not to deprive any person of his or her rights without a full, fair, and impartial hearing. (5) The board may administer oaths and issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board.

(1) At the time and place fixed for hearing before the board, the board shall receive evidence upon the complaint under consideration and shall accord the person against whom charges have been made a full and fair opportunity to be heard in his or her defense.

(2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly, provided that all oral testimony by the board must be taken under oath.

(3) All hearings shall be conducted in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(4) All evidence considered by the board shall be construed so as not to deprive any person of his or her rights without a full, fair, and impartial hearing.

(5) The board may administer oaths and issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records, papers, or documents pertinent to any matters coming before the board.

Acts 1981, No. 589, § 18; A.S.A. 1947, § 72-2118; Acts 1999, No. 524, § 5.
Ark. Code Ann. § 17-82-404 — AR Code / Title 17 / Chapter 82 / Subchapter 4 / Section 17-82-404
Applications - Issuance
Status: in_force

(a) A dental assistant who desires to perform expanded duties as defined by the rules of the Arkansas State Board of Dental Examiners in the State of Arkansas shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners, and he or she shall transmit with the written application his or her examination and licensing fee. (b) The examination and licensing fee shall be determined by the board and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this subchapter. (c) An applicant must be of good moral reputation and character and a graduate of a school or course of study approved by the board for the training of dental assistants. (d) An applicant must submit upon request such proof as the board may require touching upon character and fitness. (e) (1) If after considering an application and its accompanying records the board finds that the applicant is not qualified to take the examination, the board shall refund the entire amount of the examination and licensing fee paid by the applicant. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board. (f) If an applicant makes the grade or percentage required by the board, it shall issue to him or her without further initial cost a permit to perform the expanded duties of a dental assistant in the State of Arkansas. (g) All permits shall be numbered and issued consecutively. (h) If a permit is lost or destroyed, the secretary-treasurer shall furnish a certified copy of the permit to the permittee upon the payment of a fee to be prescribed by the board, and the fee shall be in an amount reasonably calculated to cover the cost of furnishing the certified copy. Amended by Act 2019, No. 315,§ 1521, eff. 7/24/2019. Acts 1985, No. 473, § 4; A.S.A. 1947, § 72-574.

(a) A dental assistant who desires to perform expanded duties as defined by the rules of the Arkansas State Board of Dental Examiners in the State of Arkansas shall apply in writing for examination to the Secretary-treasurer of the Arkansas State Board of Dental Examiners, and he or she shall transmit with the written application his or her examination and licensing fee.

(b) The examination and licensing fee shall be determined by the board and shall be an amount reasonably calculated to cover the costs of administering the examination, issuing the license to practice, and otherwise administering this subchapter.

(c) An applicant must be of good moral reputation and character and a graduate of a school or course of study approved by the board for the training of dental assistants.

(d) An applicant must submit upon request such proof as the board may require touching upon character and fitness.

(e) (1) If after considering an application and its accompanying records the board finds that the applicant is not qualified to take the examination, the board shall refund the entire amount of the examination and licensing fee paid by the applicant. (2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board. (3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board.

(1) If after considering an application and its accompanying records the board finds that the applicant is not qualified to take the examination, the board shall refund the entire amount of the examination and licensing fee paid by the applicant.

(2) If a qualified applicant fails to appear for examination, the fee shall be retained by the board.

(3) If an applicant fails to make the grade or percentage required by the board, the fee paid by him or her shall be retained by the board.

(f) If an applicant makes the grade or percentage required by the board, it shall issue to him or her without further initial cost a permit to perform the expanded duties of a dental assistant in the State of Arkansas.

(g) All permits shall be numbered and issued consecutively.

(h) If a permit is lost or destroyed, the secretary-treasurer shall furnish a certified copy of the permit to the permittee upon the payment of a fee to be prescribed by the board, and the fee shall be in an amount reasonably calculated to cover the cost of furnishing the certified copy.

Amended by Act 2019, No. 315,§ 1521, eff. 7/24/2019.

Acts 1985, No. 473, § 4; A.S.A. 1947, § 72-574.
Ark. Code Ann. § 17-82-603 — AR Code / Title 17 / Chapter 82 / Subchapter 6 / Section 17-82-603
Requirements for operators - Definition
Status: in_force

(a) An operator shall maintain an official business address that shall: (1) Not be a post office box; (2) Be within this state; and (3) Be associated with an established, nonmobile dental facility that shall have an official business address on record with the Arkansas State Board of Dental Examiners. (b) An operator shall maintain an official telephone number of record that shall: (1) Be accessible twenty-four (24) hours per day; (2) Be filed with the board as part of the application for a permit; and (3) Have 911 capability. (c) An operator shall notify the board within thirty (30) days of: (1) A change in address, location, or telephone number of record; and (2) (A) The method by which the operator shall notify a patient of the change of address, location, or telephone number of record. (B) As used in subdivision (c)(2)(A) of this section, "patient" means an individual who has received treatment or consultation of any kind within two (2) years before the date of the change of address, location, or telephone number of record under this section. (d) All written or printed documents available from or issued by the mobile dental facility shall contain the official business address and telephone number of record for the mobile dental facility. (e) When the mobile dental facility is not in transit, all dental and official records of the mobile dental facility shall be maintained at the official business address. (f) (1) (A) An operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility. (B) The written procedure required under subdivision (f)(1)(A) of this section shall state that the operator shall make arrangements to provide follow-up treatment in a dental facility that is permanently established in the area within a fifty-mile radius of the location where services are provided by the operator if a qualified dentist is located in the area and agrees to provide follow-up care. (2) An operator that is unable to identify a qualified dentist in the area or is unable to arrange for emergency follow-up care for patients otherwise shall provide the necessary follow-up care through the mobile dental facility or at the operator's established dental practice location in this state or at any other established dental practice in this state that agrees to accept the patient. (3) (A) An operator who fails to arrange or provide follow-up care as required under this subsection has abandoned the patient. (B) If an operator abandons a patient, the operator and any dentist or dental hygienist who fails to provide the required follow-up treatment is subject to disciplinary action by the board. (g) (1) A mobile dental facility shall have communication facilities that enable the operator to contact necessary parties if a medical or dental emergency occurs. (2) The communication facilities shall enable: (A) The patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received; and (B) The provider who renders follow-up care to contact the operator and receive treatment information, including without limitation radiographs. (h) A mobile dental facility and the dental procedures performed by a qualified dentist who is located in the area and agrees to provide follow-up care shall comply with all applicable federal and state laws and all applicable rules of the board. (i) Services may be provided in a mobile dental facility only when a licensed dentist is physically present in the facility. (j) (1) A driver of a mobile dental facility shall possess a valid Arkansas driver's license appropriate for the operation of the vehicle. (2) A copy of the driver's license of each driver of a mobile dental facility shall be submitted to the board at least thirty (30) days before the individual operates a mobile dental facility. (k) A mobile dental facility shall possess the appropriate motor vehicle registration of this state. (l) (1) The operator of a mobile dental facility shall not perform services on a minor without the signed informed consent of a parent or guardian. (2) (A) The board shall establish the signed informed consent form required under this subsection. (B) The signed informed consent form shall: (i) Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and (ii) If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home. (3) (A) If the signed informed consent form provided to the operator identifies a dental home, the operator shall contact the designated dental home by phone, facsimile, or electronic mail to notify the dental home of the minor's interest in receiving dental care from the operator. (B) If the dental home confirms that an appointment for the minor is scheduled with the dental home, the operator shall encourage the minor or his or her parent or guardian to seek care from the dental home. (4) The signed informed consent form shall document that the parent or legal guardian understands that the prospective patient may choose at any time to receive care from the prospective patient's dental home rather than from the mobile dental facility. (m) (1) An operator of a mobile dental facility shall not perform services on an adult without a signed informed consent form from the prospective patient on a form established by the board. (2) The signed informed consent form shall document that the patient understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility. (n) (1) (A) An operator of a mobile dental facility shall not perform services on an incapacitated person without a signed informed consent form from the legal guardian of the incapacitated person on a form established by the board. (B) The signed informed consent form shall document that the patient's legal guardian understands. (2) The signed informed consent form shall document that the guardian understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility. (o) (1) An operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are performed: (A) The street address of the service location; (B) The date of each session; (C) The number of patients served; (D) The types of dental services provided and the quantity of each service provided; and (E) Any other information required by the board. (2) On request, the written or electronic record shall be made available to the board within ten (10) days. (p) A mobile dental facility shall possess all applicable county and city licenses or permits to operate at each location. (q) A mobile dental facility shall comply with the current recommendations for infection-control practices for dentistry promulgated by the Centers for Disease Control and Prevention, as they existed on January 1, 2009, and any rule of the board relating to infection control or reporting in a dental office. (r) (1) (A) At the conclusion of each patient's visit to a mobile dental facility, the operator shall provide the patient with a patient information sheet. (B) The operator shall also provide the information sheet provided under subdivision (r)(1)(A) of this section to an individual or entity authorized by the patient to receive or access the patient's records. (2) The information sheet required under subdivision (r)(1)(A) of this section shall include without limitation: (A) The name of the dentist or dental hygienist, or both, who performed the services; (B) A description of the treatment rendered, including without limitation: (i) Billing service codes and fees associated with treatment; and (ii) Tooth numbers, when appropriate; (C) If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for the referral; and (D) If applicable, the name, address, and telephone number of a parent or guardian of the patient. Acts 2009, No. 414, § 1.

(a) An operator shall maintain an official business address that shall: (1) Not be a post office box; (2) Be within this state; and (3) Be associated with an established, nonmobile dental facility that shall have an official business address on record with the Arkansas State Board of Dental Examiners.

(1) Not be a post office box;

(2) Be within this state; and

(3) Be associated with an established, nonmobile dental facility that shall have an official business address on record with the Arkansas State Board of Dental Examiners.

(b) An operator shall maintain an official telephone number of record that shall: (1) Be accessible twenty-four (24) hours per day; (2) Be filed with the board as part of the application for a permit; and (3) Have 911 capability.

(1) Be accessible twenty-four (24) hours per day;

(2) Be filed with the board as part of the application for a permit; and

(3) Have 911 capability.

(c) An operator shall notify the board within thirty (30) days of: (1) A change in address, location, or telephone number of record; and (2) (A) The method by which the operator shall notify a patient of the change of address, location, or telephone number of record. (B) As used in subdivision (c)(2)(A) of this section, "patient" means an individual who has received treatment or consultation of any kind within two (2) years before the date of the change of address, location, or telephone number of record under this section.

(1) A change in address, location, or telephone number of record; and

(2) (A) The method by which the operator shall notify a patient of the change of address, location, or telephone number of record. (B) As used in subdivision (c)(2)(A) of this section, "patient" means an individual who has received treatment or consultation of any kind within two (2) years before the date of the change of address, location, or telephone number of record under this section.

(A) The method by which the operator shall notify a patient of the change of address, location, or telephone number of record.

(B) As used in subdivision (c)(2)(A) of this section, "patient" means an individual who has received treatment or consultation of any kind within two (2) years before the date of the change of address, location, or telephone number of record under this section.

(d) All written or printed documents available from or issued by the mobile dental facility shall contain the official business address and telephone number of record for the mobile dental facility.

(e) When the mobile dental facility is not in transit, all dental and official records of the mobile dental facility shall be maintained at the official business address.

(f) (1) (A) An operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility. (B) The written procedure required under subdivision (f)(1)(A) of this section shall state that the operator shall make arrangements to provide follow-up treatment in a dental facility that is permanently established in the area within a fifty-mile radius of the location where services are provided by the operator if a qualified dentist is located in the area and agrees to provide follow-up care. (2) An operator that is unable to identify a qualified dentist in the area or is unable to arrange for emergency follow-up care for patients otherwise shall provide the necessary follow-up care through the mobile dental facility or at the operator's established dental practice location in this state or at any other established dental practice in this state that agrees to accept the patient. (3) (A) An operator who fails to arrange or provide follow-up care as required under this subsection has abandoned the patient. (B) If an operator abandons a patient, the operator and any dentist or dental hygienist who fails to provide the required follow-up treatment is subject to disciplinary action by the board.

(1) (A) An operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility. (B) The written procedure required under subdivision (f)(1)(A) of this section shall state that the operator shall make arrangements to provide follow-up treatment in a dental facility that is permanently established in the area within a fifty-mile radius of the location where services are provided by the operator if a qualified dentist is located in the area and agrees to provide follow-up care.

(A) An operator shall maintain a written procedure for emergency follow-up care for patients treated in a mobile dental facility.

(B) The written procedure required under subdivision (f)(1)(A) of this section shall state that the operator shall make arrangements to provide follow-up treatment in a dental facility that is permanently established in the area within a fifty-mile radius of the location where services are provided by the operator if a qualified dentist is located in the area and agrees to provide follow-up care.

(2) An operator that is unable to identify a qualified dentist in the area or is unable to arrange for emergency follow-up care for patients otherwise shall provide the necessary follow-up care through the mobile dental facility or at the operator's established dental practice location in this state or at any other established dental practice in this state that agrees to accept the patient.

(3) (A) An operator who fails to arrange or provide follow-up care as required under this subsection has abandoned the patient. (B) If an operator abandons a patient, the operator and any dentist or dental hygienist who fails to provide the required follow-up treatment is subject to disciplinary action by the board.

(A) An operator who fails to arrange or provide follow-up care as required under this subsection has abandoned the patient.

(B) If an operator abandons a patient, the operator and any dentist or dental hygienist who fails to provide the required follow-up treatment is subject to disciplinary action by the board.

(g) (1) A mobile dental facility shall have communication facilities that enable the operator to contact necessary parties if a medical or dental emergency occurs. (2) The communication facilities shall enable: (A) The patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received; and (B) The provider who renders follow-up care to contact the operator and receive treatment information, including without limitation radiographs.

(1) A mobile dental facility shall have communication facilities that enable the operator to contact necessary parties if a medical or dental emergency occurs.

(2) The communication facilities shall enable: (A) The patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received; and (B) The provider who renders follow-up care to contact the operator and receive treatment information, including without limitation radiographs.

(A) The patient or the parent or guardian of the patient treated to contact the operator for emergency care, follow-up care, or information about treatment received; and

(B) The provider who renders follow-up care to contact the operator and receive treatment information, including without limitation radiographs.

(h) A mobile dental facility and the dental procedures performed by a qualified dentist who is located in the area and agrees to provide follow-up care shall comply with all applicable federal and state laws and all applicable rules of the board.

(i) Services may be provided in a mobile dental facility only when a licensed dentist is physically present in the facility.

(j) (1) A driver of a mobile dental facility shall possess a valid Arkansas driver's license appropriate for the operation of the vehicle. (2) A copy of the driver's license of each driver of a mobile dental facility shall be submitted to the board at least thirty (30) days before the individual operates a mobile dental facility.

(1) A driver of a mobile dental facility shall possess a valid Arkansas driver's license appropriate for the operation of the vehicle.

(2) A copy of the driver's license of each driver of a mobile dental facility shall be submitted to the board at least thirty (30) days before the individual operates a mobile dental facility.

(k) A mobile dental facility shall possess the appropriate motor vehicle registration of this state.

(l) (1) The operator of a mobile dental facility shall not perform services on a minor without the signed informed consent of a parent or guardian. (2) (A) The board shall establish the signed informed consent form required under this subsection. (B) The signed informed consent form shall: (i) Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and (ii) If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home. (3) (A) If the signed informed consent form provided to the operator identifies a dental home, the operator shall contact the designated dental home by phone, facsimile, or electronic mail to notify the dental home of the minor's interest in receiving dental care from the operator. (B) If the dental home confirms that an appointment for the minor is scheduled with the dental home, the operator shall encourage the minor or his or her parent or guardian to seek care from the dental home. (4) The signed informed consent form shall document that the parent or legal guardian understands that the prospective patient may choose at any time to receive care from the prospective patient's dental home rather than from the mobile dental facility.

(1) The operator of a mobile dental facility shall not perform services on a minor without the signed informed consent of a parent or guardian.

(2) (A) The board shall establish the signed informed consent form required under this subsection. (B) The signed informed consent form shall: (i) Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and (ii) If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home.

(A) The board shall establish the signed informed consent form required under this subsection.

(B) The signed informed consent form shall: (i) Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and (ii) If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home.

(i) Inquire whether the prospective minor patient received dental care from a licensed dentist during the previous year; and

(ii) If the dental care was from a mobile dental facility, request the name, address, and telephone number of the dental home.

(3) (A) If the signed informed consent form provided to the operator identifies a dental home, the operator shall contact the designated dental home by phone, facsimile, or electronic mail to notify the dental home of the minor's interest in receiving dental care from the operator. (B) If the dental home confirms that an appointment for the minor is scheduled with the dental home, the operator shall encourage the minor or his or her parent or guardian to seek care from the dental home.

(A) If the signed informed consent form provided to the operator identifies a dental home, the operator shall contact the designated dental home by phone, facsimile, or electronic mail to notify the dental home of the minor's interest in receiving dental care from the operator.

(B) If the dental home confirms that an appointment for the minor is scheduled with the dental home, the operator shall encourage the minor or his or her parent or guardian to seek care from the dental home.

(4) The signed informed consent form shall document that the parent or legal guardian understands that the prospective patient may choose at any time to receive care from the prospective patient's dental home rather than from the mobile dental facility.

(m) (1) An operator of a mobile dental facility shall not perform services on an adult without a signed informed consent form from the prospective patient on a form established by the board. (2) The signed informed consent form shall document that the patient understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.

(1) An operator of a mobile dental facility shall not perform services on an adult without a signed informed consent form from the prospective patient on a form established by the board.

(2) The signed informed consent form shall document that the patient understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.

(n) (1) (A) An operator of a mobile dental facility shall not perform services on an incapacitated person without a signed informed consent form from the legal guardian of the incapacitated person on a form established by the board. (B) The signed informed consent form shall document that the patient's legal guardian understands. (2) The signed informed consent form shall document that the guardian understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.

(1) (A) An operator of a mobile dental facility shall not perform services on an incapacitated person without a signed informed consent form from the legal guardian of the incapacitated person on a form established by the board. (B) The signed informed consent form shall document that the patient's legal guardian understands.

(A) An operator of a mobile dental facility shall not perform services on an incapacitated person without a signed informed consent form from the legal guardian of the incapacitated person on a form established by the board.

(B) The signed informed consent form shall document that the patient's legal guardian understands.

(2) The signed informed consent form shall document that the guardian understands that the patient may choose at any time to receive care from his or her dental home rather than from the mobile dental facility.

(o) (1) An operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are performed: (A) The street address of the service location; (B) The date of each session; (C) The number of patients served; (D) The types of dental services provided and the quantity of each service provided; and (E) Any other information required by the board. (2) On request, the written or electronic record shall be made available to the board within ten (10) days.

(1) An operator of a mobile dental facility shall maintain a written or electronic record detailing for each location where services are performed: (A) The street address of the service location; (B) The date of each session; (C) The number of patients served; (D) The types of dental services provided and the quantity of each service provided; and (E) Any other information required by the board.

(A) The street address of the service location;

(B) The date of each session;

(C) The number of patients served;

(D) The types of dental services provided and the quantity of each service provided; and

(E) Any other information required by the board.

(2) On request, the written or electronic record shall be made available to the board within ten (10) days.

(p) A mobile dental facility shall possess all applicable county and city licenses or permits to operate at each location.

(q) A mobile dental facility shall comply with the current recommendations for infection-control practices for dentistry promulgated by the Centers for Disease Control and Prevention, as they existed on January 1, 2009, and any rule of the board relating to infection control or reporting in a dental office.

(r) (1) (A) At the conclusion of each patient's visit to a mobile dental facility, the operator shall provide the patient with a patient information sheet. (B) The operator shall also provide the information sheet provided under subdivision (r)(1)(A) of this section to an individual or entity authorized by the patient to receive or access the patient's records. (2) The information sheet required under subdivision (r)(1)(A) of this section shall include without limitation: (A) The name of the dentist or dental hygienist, or both, who performed the services; (B) A description of the treatment rendered, including without limitation: (i) Billing service codes and fees associated with treatment; and (ii) Tooth numbers, when appropriate; (C) If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for the referral; and (D) If applicable, the name, address, and telephone number of a parent or guardian of the patient.

(1) (A) At the conclusion of each patient's visit to a mobile dental facility, the operator shall provide the patient with a patient information sheet. (B) The operator shall also provide the information sheet provided under subdivision (r)(1)(A) of this section to an individual or entity authorized by the patient to receive or access the patient's records.

(A) At the conclusion of each patient's visit to a mobile dental facility, the operator shall provide the patient with a patient information sheet.

(B) The operator shall also provide the information sheet provided under subdivision (r)(1)(A) of this section to an individual or entity authorized by the patient to receive or access the patient's records.

(2) The information sheet required under subdivision (r)(1)(A) of this section shall include without limitation: (A) The name of the dentist or dental hygienist, or both, who performed the services; (B) A description of the treatment rendered, including without limitation: (i) Billing service codes and fees associated with treatment; and (ii) Tooth numbers, when appropriate; (C) If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for the referral; and (D) If applicable, the name, address, and telephone number of a parent or guardian of the patient.

(A) The name of the dentist or dental hygienist, or both, who performed the services;

(B) A description of the treatment rendered, including without limitation: (i) Billing service codes and fees associated with treatment; and (ii) Tooth numbers, when appropriate;

(i) Billing service codes and fees associated with treatment; and

(ii) Tooth numbers, when appropriate;

(C) If applicable, the name, address, and telephone number of any dentist to whom the patient was referred for follow-up care and the reason for the referral; and

(D) If applicable, the name, address, and telephone number of a parent or guardian of the patient.

Acts 2009, No. 414, § 1.
Ark. Code Ann. § 17-32-101 — AR Code / Title 17 / Chapter 32 / Subchapter 1 / Section 17-32-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Registration of Geologists Act of 1987". Acts 1987, No. 470, § 1; 1987, No. 701, § 1.

This chapter shall be known and may be cited as the "Registration of Geologists Act of 1987".

Acts 1987, No. 470, § 1; 1987, No. 701, § 1.
Ark. Code Ann. § 17-53-104 — AR Code / Title 17 / Chapter 53 / Subchapter 1 / Section 17-53-104
Violations
Status: in_force

The following acts shall constitute violations of this chapter: (1) Representing oneself to be a certified health education specialist or a certified professional health educator or using the letters CHES or CPHE or any facsimile thereof, or under such title or descriptions offering to give or giving health education services to individuals, groups, agencies, or corporations unless certified under this chapter; (2) Attempting to engage in the practice of health education without having first been certified or otherwise permitted to engage in health education activities under the provisions of this chapter; and (3) Obtaining or attempting to obtain certification or certification renewal by bribery or fraudulent representation. Amended by Act 2017, No. 540,§ 22, eff. 8/1/2017. Acts 1997, No. 1237, § 13.

The following acts shall constitute violations of this chapter:

(1) Representing oneself to be a certified health education specialist or a certified professional health educator or using the letters CHES or CPHE or any facsimile thereof, or under such title or descriptions offering to give or giving health education services to individuals, groups, agencies, or corporations unless certified under this chapter;

(2) Attempting to engage in the practice of health education without having first been certified or otherwise permitted to engage in health education activities under the provisions of this chapter; and

(3) Obtaining or attempting to obtain certification or certification renewal by bribery or fraudulent representation.

Amended by Act 2017, No. 540,§ 22, eff. 8/1/2017.

Acts 1997, No. 1237, § 13.
Ark. Code Ann. § 17-28-309 — AR Code / Title 17 / Chapter 28 / Subchapter 3 / Section 17-28-309
Penalties
Status: in_force

(a) The Director of the Division of Occupational and Professional Licensing Boards and Commissions is authorized to petition any court of competent jurisdiction to enjoin or restrain any person who performs electrical work without a license or who otherwise violates the provisions of this chapter. (b) (1) A civil penalty may be assessed against any person, firm, or corporation by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the Board of Electrical Examiners of the State of Arkansas according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the person, firm, or corporation has violated any: (A) Provision of this chapter; (B) Provision in the Arkansas Electrical Code Authority Act, § 20-31-101 et seq.; (C) Rule or order issued or promulgated by the board; or (D) Condition of a license, certificate, or registration issued by the board. (2) For each violation, the penalty shall not exceed the following: (A) Two hundred fifty dollars ($250) for a first offense; (B) Seven hundred fifty dollars ($750) for a second offense; or (C) One thousand dollars ($1,000) for a third offense. (3) Each day of a continuing violation is a separate violation for purposes of penalty assessment. (4) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation. (5) If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the director may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs. (6) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter. Amended by Act 2019, No. 315,§ 1396, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5423, eff. 7/1/2019. Acts 1997, No. 1289, § 12; 2003, No. 1055, § 1; 2005, No. 1230, § 1.

(a) The Director of the Division of Occupational and Professional Licensing Boards and Commissions is authorized to petition any court of competent jurisdiction to enjoin or restrain any person who performs electrical work without a license or who otherwise violates the provisions of this chapter.

(b) (1) A civil penalty may be assessed against any person, firm, or corporation by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the Board of Electrical Examiners of the State of Arkansas according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the person, firm, or corporation has violated any: (A) Provision of this chapter; (B) Provision in the Arkansas Electrical Code Authority Act, § 20-31-101 et seq.; (C) Rule or order issued or promulgated by the board; or (D) Condition of a license, certificate, or registration issued by the board. (2) For each violation, the penalty shall not exceed the following: (A) Two hundred fifty dollars ($250) for a first offense; (B) Seven hundred fifty dollars ($750) for a second offense; or (C) One thousand dollars ($1,000) for a third offense. (3) Each day of a continuing violation is a separate violation for purposes of penalty assessment. (4) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation. (5) If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the director may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs. (6) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter.

(1) A civil penalty may be assessed against any person, firm, or corporation by the Division of Occupational and Professional Licensing Boards and Commissions and subject to appeal and hearing before the Board of Electrical Examiners of the State of Arkansas according to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., if it is determined that the person, firm, or corporation has violated any: (A) Provision of this chapter; (B) Provision in the Arkansas Electrical Code Authority Act, § 20-31-101 et seq.; (C) Rule or order issued or promulgated by the board; or (D) Condition of a license, certificate, or registration issued by the board.

(A) Provision of this chapter;

(B) Provision in the Arkansas Electrical Code Authority Act, § 20-31-101 et seq.;

(C) Rule or order issued or promulgated by the board; or

(D) Condition of a license, certificate, or registration issued by the board.

(2) For each violation, the penalty shall not exceed the following: (A) Two hundred fifty dollars ($250) for a first offense; (B) Seven hundred fifty dollars ($750) for a second offense; or (C) One thousand dollars ($1,000) for a third offense.

(A) Two hundred fifty dollars ($250) for a first offense;

(B) Seven hundred fifty dollars ($750) for a second offense; or

(C) One thousand dollars ($1,000) for a third offense.

(3) Each day of a continuing violation is a separate violation for purposes of penalty assessment.

(4) Assessment of a civil penalty by the board shall be made no later than two (2) years after the date of the occurrence of the violation.

(5) If any person, firm, or corporation against whom a civil penalty has been imposed fails to pay the penalty within sixty (60) days of the board's decision, the director may file an action in a court of competent jurisdiction to collect the civil penalty without paying costs or giving bond for costs.

(6) Any penalties collected under this section shall be deposited as special revenues into the State Treasury to the credit of the Department of Labor and Licensing Special Fund, there to be used by the Department of Labor and Licensing in carrying out the functions, powers, and duties of this chapter.

Amended by Act 2019, No. 315,§ 1396, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5423, eff. 7/1/2019.

Acts 1997, No. 1289, § 12; 2003, No. 1055, § 1; 2005, No. 1230, § 1.
Ark. Code Ann. § 17-14-201 — AR Code / Title 17 / Chapter 14 / Subchapter 2 / Section 17-14-201
Composition - Membership - Chair
Status: in_force

(a) There is created the State Board of Appraisers, Abstracters, and Home Inspectors, to be composed of eleven (11) members as follows: (1) Five (5) practicing certified or licensed appraisers as follows: (A) At least four (4) of the appraiser members of the board shall be state-certified appraisers; (B) No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and (C) The five (5) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (2) One (1) representative of financial institutions familiar with the appraisal process; (3) One (1) senior citizen and consumer representative; (4) Three (3) registered home inspectors; and (5) One (1) person who is actively involved in the making of abstracts of real estate titles in the state or is knowledgeable about the abstract business for a minimum of (5) years before appointment. (b) (1) The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause. (2) At least four (4) real estate appraiser members appointed to the board shall be members in good standing of: (A) A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or (B) The Association of Consulting Foresters of America, Inc., Arkansas Chapter. (c) (1) The term of each board member shall be three (3) years. (2) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. (3) No person shall serve as a member of the board for more than two (2) consecutive terms. (d) The members of the board will select a chair. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 628,§ 24, eff. 7/1/2023. Amended by Act 2019, No. 514,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 817,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 252,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1156,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1100,§ 20, eff. 7/22/2015. Amended by Act 2015, No. 695,§ 4, eff. 3/25/2015. Amended by Act 2015, No. 695,§ 3, eff. 3/25/2015. Amended by Act 2015, No. 695,§ 2, eff. 3/25/2015. Amended by Act 2015, No. 695,§ 1, eff. 3/25/2015. Acts 1991, No. 416, §§ 3, 5; 1991, No. 541, §§ 3, 5; 1997, No. 250, § 123; 2001, No. 159, §§ 1, 2; 2009, No. 628, § 9.

(a) There is created the State Board of Appraisers, Abstracters, and Home Inspectors, to be composed of eleven (11) members as follows: (1) Five (5) practicing certified or licensed appraisers as follows: (A) At least four (4) of the appraiser members of the board shall be state-certified appraisers; (B) No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and (C) The five (5) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.; (2) One (1) representative of financial institutions familiar with the appraisal process; (3) One (1) senior citizen and consumer representative; (4) Three (3) registered home inspectors; and (5) One (1) person who is actively involved in the making of abstracts of real estate titles in the state or is knowledgeable about the abstract business for a minimum of (5) years before appointment.

(1) Five (5) practicing certified or licensed appraisers as follows: (A) At least four (4) of the appraiser members of the board shall be state-certified appraisers; (B) No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and (C) The five (5) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(A) At least four (4) of the appraiser members of the board shall be state-certified appraisers;

(B) No more than two (2) appraiser members shall reside in the same congressional district of the four (4) Arkansas congressional districts; and

(C) The five (5) practicing appraiser members shall be representative of the various disciplines found in the appraisal profession, including without limitation residential appraisal, commercial and industrial appraisal, forestry and timberland appraisal, rural appraisal, and any other appraisal discipline that may be affected by the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.;

(2) One (1) representative of financial institutions familiar with the appraisal process;

(3) One (1) senior citizen and consumer representative;

(4) Three (3) registered home inspectors; and

(5) One (1) person who is actively involved in the making of abstracts of real estate titles in the state or is knowledgeable about the abstract business for a minimum of (5) years before appointment.

(b) (1) The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause. (2) At least four (4) real estate appraiser members appointed to the board shall be members in good standing of: (A) A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or (B) The Association of Consulting Foresters of America, Inc., Arkansas Chapter.

(1) The Governor shall appoint the members of the board subject to confirmation by the Senate and may remove a member for cause.

(2) At least four (4) real estate appraiser members appointed to the board shall be members in good standing of: (A) A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or (B) The Association of Consulting Foresters of America, Inc., Arkansas Chapter.

(A) A state or regional chapter of a nationally recognized real estate appraisal organization that requires an individual to have qualified appraisal experience, education, and testing in order to become a designated member and to adhere to standards of professional practice in order to retain such a designation; or

(B) The Association of Consulting Foresters of America, Inc., Arkansas Chapter.

(c) (1) The term of each board member shall be three (3) years. (2) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. (3) No person shall serve as a member of the board for more than two (2) consecutive terms.

(1) The term of each board member shall be three (3) years.

(2) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors.

(3) No person shall serve as a member of the board for more than two (2) consecutive terms.

(d) The members of the board will select a chair.

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

Amended by Act 2023, No. 628,§ 24, eff. 7/1/2023.

Amended by Act 2019, No. 514,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 817,§ 1, eff. 8/1/2017.

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

Amended by Act 2015, No. 1156,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1100,§ 20, eff. 7/22/2015.

Amended by Act 2015, No. 695,§ 4, eff. 3/25/2015.

Amended by Act 2015, No. 695,§ 3, eff. 3/25/2015.

Amended by Act 2015, No. 695,§ 2, eff. 3/25/2015.

Amended by Act 2015, No. 695,§ 1, eff. 3/25/2015.

Acts 1991, No. 416, §§ 3, 5; 1991, No. 541, §§ 3, 5; 1997, No. 250, § 123; 2001, No. 159, §§ 1, 2; 2009, No. 628, § 9.
Ark. Code Ann. § 17-4-109 — AR Code / Title 17 / Chapter 4 / Section 17-4-109
Legislative oversight of rules
Status: in_force

(a) The Administrative Rules Subcommittee of the Legislative Council shall: (1) Review the proposed rules of an occupational licensing entity as submitted for public comment at least thirty (30) days before the public comment period ends under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (2) Approve the proposed rules submitted under § 17-4-106 based on: (A) A determination of whether the expedited process provides the least restrictive means of attaining occupational licensure; and (B) Any other criteria the Administrative Rules Subcommittee of the Legislative Council determines necessary to achieve the objectives of this section. (b) The Administrative Rules Subcommittee of the Legislative Council may: (1) Establish a further subcommittee to assist in the duties assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; (2) Assign information filed with the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (b)(1) of this section; or (3) Delegate the duties of the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, which shall be subject to the final review and approval of the Administrative Rules Subcommittee of the Legislative Council. Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.

(a) The Administrative Rules Subcommittee of the Legislative Council shall: (1) Review the proposed rules of an occupational licensing entity as submitted for public comment at least thirty (30) days before the public comment period ends under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (2) Approve the proposed rules submitted under § 17-4-106 based on: (A) A determination of whether the expedited process provides the least restrictive means of attaining occupational licensure; and (B) Any other criteria the Administrative Rules Subcommittee of the Legislative Council determines necessary to achieve the objectives of this section.

(1) Review the proposed rules of an occupational licensing entity as submitted for public comment at least thirty (30) days before the public comment period ends under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(2) Approve the proposed rules submitted under § 17-4-106 based on: (A) A determination of whether the expedited process provides the least restrictive means of attaining occupational licensure; and (B) Any other criteria the Administrative Rules Subcommittee of the Legislative Council determines necessary to achieve the objectives of this section.

(A) A determination of whether the expedited process provides the least restrictive means of attaining occupational licensure; and

(B) Any other criteria the Administrative Rules Subcommittee of the Legislative Council determines necessary to achieve the objectives of this section.

(b) The Administrative Rules Subcommittee of the Legislative Council may: (1) Establish a further subcommittee to assist in the duties assigned to the Administrative Rules Subcommittee of the Legislative Council under this section; (2) Assign information filed with the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (b)(1) of this section; or (3) Delegate the duties of the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, which shall be subject to the final review and approval of the Administrative Rules Subcommittee of the Legislative Council.

(1) Establish a further subcommittee to assist in the duties assigned to the Administrative Rules Subcommittee of the Legislative Council under this section;

(2) Assign information filed with the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, including without limitation a subcommittee created under subdivision (b)(1) of this section; or

(3) Delegate the duties of the Administrative Rules Subcommittee of the Legislative Council under this section to one (1) or more subcommittees of the Legislative Council, which shall be subject to the final review and approval of the Administrative Rules Subcommittee of the Legislative Council.

Added by Act 2021, No. 135,§ 2, eff. 2/23/2021.
Ark. Code Ann. § 17-98-103 — AR Code / Title 17 / Chapter 98 / Subchapter 1 / Section 17-98-103
Definitions
Status: in_force

As used in this chapter: (1) "Associate disease intervention specialist" means a person who meets the educational and specialized training requirements of this chapter, but does not meet the experience requirements established for a registered disease intervention specialist; (2) "Continuing education unit" means value given for participation in organized continuing education experience under reasonable sponsorship, capable direction, and qualified instruction approved by the State Board of Health; (3) "Disease intervention" means activities used to prevent disease transmission by ensuring that those people who have a sexually transmitted disease and those who have been exposed to a sexually transmitted disease are promptly located, examined, and adequately treated before any signs or symptoms of a disease appear or before any laboratory evidence of a disease is demonstrable or before an infected person would have sought treatment voluntarily; (4) "Disease intervention specialist-in-training" means a person who meets the educational requirements of this chapter, but does not meet the specialized training requirements established for an associate disease intervention specialist; and (5) "Registered disease intervention specialist" means a trained healthcare professional meeting the educational, specialized training, and experience requirements of this chapter who practices sexually transmitted disease intervention with patients, sex partners, and others suspected of having a sexually transmitted disease. Amended by Act 2023, No. 365,§ 43, eff. 7/1/2023. Amended by Act 2019, No. 386,§ 54, eff. 7/24/2019. Acts 1993, No. 107, § 2.

As used in this chapter:

(1) "Associate disease intervention specialist" means a person who meets the educational and specialized training requirements of this chapter, but does not meet the experience requirements established for a registered disease intervention specialist;

(2) "Continuing education unit" means value given for participation in organized continuing education experience under reasonable sponsorship, capable direction, and qualified instruction approved by the State Board of Health;

(3) "Disease intervention" means activities used to prevent disease transmission by ensuring that those people who have a sexually transmitted disease and those who have been exposed to a sexually transmitted disease are promptly located, examined, and adequately treated before any signs or symptoms of a disease appear or before any laboratory evidence of a disease is demonstrable or before an infected person would have sought treatment voluntarily;

(4) "Disease intervention specialist-in-training" means a person who meets the educational requirements of this chapter, but does not meet the specialized training requirements established for an associate disease intervention specialist; and

(5) "Registered disease intervention specialist" means a trained healthcare professional meeting the educational, specialized training, and experience requirements of this chapter who practices sexually transmitted disease intervention with patients, sex partners, and others suspected of having a sexually transmitted disease.

Amended by Act 2023, No. 365,§ 43, eff. 7/1/2023.

Amended by Act 2019, No. 386,§ 54, eff. 7/24/2019.

Acts 1993, No. 107, § 2.
Ark. Code Ann. § 17-101-313 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-313
Abandoned animals
Status: in_force

(a) Unless otherwise provided by contract between the veterinarian and his or her client, a veterinarian may dispose of any animal abandoned in his or her care if he or she gives written notice of his or her intention to do so by sending the notice to the last known physical or email address of the client. (b) The veterinarian shall allow the client twelve (12) days from the issuance of the notice in which to retrieve the animal. Amended by Act 2021, No. 130,§ 5, eff. 7/28/2021. Acts 1993, No. 1198, § 1.

(a) Unless otherwise provided by contract between the veterinarian and his or her client, a veterinarian may dispose of any animal abandoned in his or her care if he or she gives written notice of his or her intention to do so by sending the notice to the last known physical or email address of the client.

(b) The veterinarian shall allow the client twelve (12) days from the issuance of the notice in which to retrieve the animal.

Amended by Act 2021, No. 130,§ 5, eff. 7/28/2021.

Acts 1993, No. 1198, § 1.
Ark. Code Ann. § 17-6-105 — AR Code / Title 17 / Chapter 6 / Section 17-6-105
Construction
Status: in_force

This chapter does not apply to: (1) A licensing entity that does not license individual workers for which there is an apprenticeship program established under 29 C.F.R. Part 29, as existing on March 1, 2021; (2) A license that requires the educational equivalent of a bachelor's degree or higher; or (3) A license issued by the State Board of Barber Examiners or the Department of Health regarding cosmetology. Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.

This chapter does not apply to:

(1) A licensing entity that does not license individual workers for which there is an apprenticeship program established under 29 C.F.R. Part 29, as existing on March 1, 2021;

(2) A license that requires the educational equivalent of a bachelor's degree or higher; or

(3) A license issued by the State Board of Barber Examiners or the Department of Health regarding cosmetology.

Added by Act 2021, No. 811,§ 1, eff. 1/1/2022.
Ark. Code Ann. § 17-82-310 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-310
Annual renewal - Procedure
Status: in_force

(a) All licenses to practice dentistry or dental hygiene issued in the State of Arkansas shall continue in full force and effect until forfeited, suspended, or revoked, subject to the following provisions: (1) On January 1 of even-numbered years, every dentist and dental hygienist must renew his or her license with the Arkansas State Board of Dental Examiners on forms prepared and furnished by the board, supplying all the information and data requested on the forms; and (2) (A) Except as provided in subdivision (a)(2)(B) of this section, a renewal fee in an amount to be determined by the board as being necessary to provide funds for the operation of the board and for other expenses in administering this chapter shall be paid to the board upon the filing of the form, duly executed, with the board. (B) The board shall waive the annual renewal fee for all licenses to practice dentistry or dental hygiene if the licensee: (i) Holds a license to practice dentistry or dental hygiene in the State of Arkansas; and (ii) Is an active-duty member of the military. (b) Upon the filing of the renewal form and payment of the fee, the board shall issue to the licensee its certificate of renewal that authorizes the licensee to practice his or her profession in the State of Arkansas until the next date of renewal. (c) (1) During the month of December of odd-numbered years, the Secretary-treasurer of the Arkansas State Board of Dental Examiners shall mail the approved renewal form to every dentist and dental hygienist registered in the State of Arkansas to his or her last known address. (2) The failure of the dentist or dental hygienist to receive the form does not excuse his or her failure to renew. (3) The providing of false or fraudulent information to renew the license is grounds for imposition of the penalties set forth at § 17-82-316 . Amended by Act 2017, No. 204,§ 1, eff. 8/1/2017. Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 1991, No. 592, § 1; 2001, No. 439, § 5; 2003, No. 377, §§ 4, 5.

(a) All licenses to practice dentistry or dental hygiene issued in the State of Arkansas shall continue in full force and effect until forfeited, suspended, or revoked, subject to the following provisions: (1) On January 1 of even-numbered years, every dentist and dental hygienist must renew his or her license with the Arkansas State Board of Dental Examiners on forms prepared and furnished by the board, supplying all the information and data requested on the forms; and (2) (A) Except as provided in subdivision (a)(2)(B) of this section, a renewal fee in an amount to be determined by the board as being necessary to provide funds for the operation of the board and for other expenses in administering this chapter shall be paid to the board upon the filing of the form, duly executed, with the board. (B) The board shall waive the annual renewal fee for all licenses to practice dentistry or dental hygiene if the licensee: (i) Holds a license to practice dentistry or dental hygiene in the State of Arkansas; and (ii) Is an active-duty member of the military.

(1) On January 1 of even-numbered years, every dentist and dental hygienist must renew his or her license with the Arkansas State Board of Dental Examiners on forms prepared and furnished by the board, supplying all the information and data requested on the forms; and

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, a renewal fee in an amount to be determined by the board as being necessary to provide funds for the operation of the board and for other expenses in administering this chapter shall be paid to the board upon the filing of the form, duly executed, with the board. (B) The board shall waive the annual renewal fee for all licenses to practice dentistry or dental hygiene if the licensee: (i) Holds a license to practice dentistry or dental hygiene in the State of Arkansas; and (ii) Is an active-duty member of the military.

(A) Except as provided in subdivision (a)(2)(B) of this section, a renewal fee in an amount to be determined by the board as being necessary to provide funds for the operation of the board and for other expenses in administering this chapter shall be paid to the board upon the filing of the form, duly executed, with the board.

(B) The board shall waive the annual renewal fee for all licenses to practice dentistry or dental hygiene if the licensee: (i) Holds a license to practice dentistry or dental hygiene in the State of Arkansas; and (ii) Is an active-duty member of the military.

(i) Holds a license to practice dentistry or dental hygiene in the State of Arkansas; and

(ii) Is an active-duty member of the military.

(b) Upon the filing of the renewal form and payment of the fee, the board shall issue to the licensee its certificate of renewal that authorizes the licensee to practice his or her profession in the State of Arkansas until the next date of renewal.

(c) (1) During the month of December of odd-numbered years, the Secretary-treasurer of the Arkansas State Board of Dental Examiners shall mail the approved renewal form to every dentist and dental hygienist registered in the State of Arkansas to his or her last known address. (2) The failure of the dentist or dental hygienist to receive the form does not excuse his or her failure to renew. (3) The providing of false or fraudulent information to renew the license is grounds for imposition of the penalties set forth at § 17-82-316 .

(1) During the month of December of odd-numbered years, the Secretary-treasurer of the Arkansas State Board of Dental Examiners shall mail the approved renewal form to every dentist and dental hygienist registered in the State of Arkansas to his or her last known address.

(2) The failure of the dentist or dental hygienist to receive the form does not excuse his or her failure to renew.

(3) The providing of false or fraudulent information to renew the license is grounds for imposition of the penalties set forth at § 17-82-316 .

Amended by Act 2017, No. 204,§ 1, eff. 8/1/2017.

Acts 1955, No. 14, § 22; 1959, No. 4, § 3; 1975, No. 369, § 1; 1977, No. 258, § 4; 1981, No. 889, § 5; A.S.A. 1947, § 72-555; Acts 1991, No. 592, § 1; 2001, No. 439, § 5; 2003, No. 377, §§ 4, 5.
Ark. Code Ann. § 17-84-203 — AR Code / Title 17 / Chapter 84 / Subchapter 2 / Section 17-84-203
Powers and duties
Status: in_force

The powers and duties of the Arkansas Board of Hearing Instrument Dispensers are: (1) To authorize all disbursements necessary to carry out the provisions of this chapter and to receive and account for all fees; (2) To furnish a list of study materials for applicants to use in preparing for qualifying examinations; (3) To ensure that at least one (1) time each year a qualifying examination based on nationally accepted norms to test the knowledge and proficiency of applicants is administered; (4) To register, issue, and renew licenses and internships to persons qualified under this chapter and to suspend, revoke, or refuse to renew licenses and internships pursuant to this chapter; (5) To make rules not inconsistent with the laws of this state that are necessary for the enforcement and orderly administration of this chapter. However, no rule shall be promulgated that in any manner serves to restrict the number of licenses that may be issued in any city, town, or county of this state; (6) (A) To require the periodic inspection and calibration of audiometric testing equipment and tympanometers and to carry out the periodic inspection of facilities of persons who practice the fitting or selling of hearing instruments. (B) The board may inspect an established place of business during regular hours of operation; (7) To employ and retain the services of attorneys, accountants, and other necessary assistants in carrying out the provisions of this chapter; (8) To require, if the board deems necessary, an applicant, dealer, or licensee to furnish a surety bond in an amount fixed by the board for the benefit of any person damaged as the result of a violation of this chapter. All requirements pertaining to the surety bond may be promulgated by rule of the board; (9) To set the following fees: (A) An application fee not to exceed two hundred fifty dollars ($250); (B) An examination fee not to exceed: (i) Three hundred dollars ($300) for the written examination; and (ii) Fifty dollars ($50.00) each for the earmold practicum, the audiometric practicum, and the law and rules practicum; (C) A reexamination fee not to exceed the fee under subdivision (9)(B) of this section for the portion of the examination being retaken; (D) A permanent registration fee not to exceed seventy-five dollars ($75.00); (E) An annual license fee not to exceed two hundred fifty dollars ($250); (F) A late penalty of ten percent (10%) of the annual license fee if paid within thirty (30) days after expiration; (G) A license reinstatement fee of one and one-half (1 1/2) times the annual license fee, if the renewal fee is not paid within the thirty-day grace period; (H) An internship fee not to exceed two hundred fifty dollars ($250); (I) A fee for an endorsement to another state not to exceed twenty dollars ($20.00); (J) A license replacement fee or a duplicate license fee not to exceed twenty-five dollars ($25.00); (K) An insufficient funds fee not to exceed twenty-five dollars ($25.00); and (L) A continuing education unit approval fee not to exceed two hundred fifty dollars ($250); (10) (A) To request the use of Department of Health investigators, issue subpoenas, and perform all activities necessary to effectively investigate claims and pursue disciplinary action against licensees. (B) The board may inspect or may authorize the Department of Health investigators to inspect an established place of business during regular hours of operation; and (11) To establish the standards of practice for hearing instrument dispensers in the State of Arkansas. Amended by Act 2019, No. 315,§ 1528, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1527, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4877, eff. 7/1/2019. Amended by Act 2017, No. 373,§ 9, eff. 8/1/2017. Amended by Act 2017, No. 373,§ 8, eff. 8/1/2017. Amended by Act 2015, No. 1027,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1027,§ 1, eff. 7/22/2015. Acts 1969, No. 197, § 3, subsec. (2); A.S.A. 1947, § 72-1704; Acts 1991, No. 46, § 1; 1995, No. 1342, § 1; 1999, No. 592, § 5; 2007, No. 428, § 3.

The powers and duties of the Arkansas Board of Hearing Instrument Dispensers are:

(1) To authorize all disbursements necessary to carry out the provisions of this chapter and to receive and account for all fees;

(2) To furnish a list of study materials for applicants to use in preparing for qualifying examinations;

(3) To ensure that at least one (1) time each year a qualifying examination based on nationally accepted norms to test the knowledge and proficiency of applicants is administered;

(4) To register, issue, and renew licenses and internships to persons qualified under this chapter and to suspend, revoke, or refuse to renew licenses and internships pursuant to this chapter;

(5) To make rules not inconsistent with the laws of this state that are necessary for the enforcement and orderly administration of this chapter. However, no rule shall be promulgated that in any manner serves to restrict the number of licenses that may be issued in any city, town, or county of this state;

(6) (A) To require the periodic inspection and calibration of audiometric testing equipment and tympanometers and to carry out the periodic inspection of facilities of persons who practice the fitting or selling of hearing instruments. (B) The board may inspect an established place of business during regular hours of operation;

(A) To require the periodic inspection and calibration of audiometric testing equipment and tympanometers and to carry out the periodic inspection of facilities of persons who practice the fitting or selling of hearing instruments.

(B) The board may inspect an established place of business during regular hours of operation;

(7) To employ and retain the services of attorneys, accountants, and other necessary assistants in carrying out the provisions of this chapter;

(8) To require, if the board deems necessary, an applicant, dealer, or licensee to furnish a surety bond in an amount fixed by the board for the benefit of any person damaged as the result of a violation of this chapter. All requirements pertaining to the surety bond may be promulgated by rule of the board;

(9) To set the following fees: (A) An application fee not to exceed two hundred fifty dollars ($250); (B) An examination fee not to exceed: (i) Three hundred dollars ($300) for the written examination; and (ii) Fifty dollars ($50.00) each for the earmold practicum, the audiometric practicum, and the law and rules practicum; (C) A reexamination fee not to exceed the fee under subdivision (9)(B) of this section for the portion of the examination being retaken; (D) A permanent registration fee not to exceed seventy-five dollars ($75.00); (E) An annual license fee not to exceed two hundred fifty dollars ($250); (F) A late penalty of ten percent (10%) of the annual license fee if paid within thirty (30) days after expiration; (G) A license reinstatement fee of one and one-half (1 1/2) times the annual license fee, if the renewal fee is not paid within the thirty-day grace period; (H) An internship fee not to exceed two hundred fifty dollars ($250); (I) A fee for an endorsement to another state not to exceed twenty dollars ($20.00); (J) A license replacement fee or a duplicate license fee not to exceed twenty-five dollars ($25.00); (K) An insufficient funds fee not to exceed twenty-five dollars ($25.00); and (L) A continuing education unit approval fee not to exceed two hundred fifty dollars ($250);

(A) An application fee not to exceed two hundred fifty dollars ($250);

(B) An examination fee not to exceed: (i) Three hundred dollars ($300) for the written examination; and (ii) Fifty dollars ($50.00) each for the earmold practicum, the audiometric practicum, and the law and rules practicum;

(i) Three hundred dollars ($300) for the written examination; and

(ii) Fifty dollars ($50.00) each for the earmold practicum, the audiometric practicum, and the law and rules practicum;

(C) A reexamination fee not to exceed the fee under subdivision (9)(B) of this section for the portion of the examination being retaken;

(D) A permanent registration fee not to exceed seventy-five dollars ($75.00);

(E) An annual license fee not to exceed two hundred fifty dollars ($250);

(F) A late penalty of ten percent (10%) of the annual license fee if paid within thirty (30) days after expiration;

(G) A license reinstatement fee of one and one-half (1 1/2) times the annual license fee, if the renewal fee is not paid within the thirty-day grace period;

(H) An internship fee not to exceed two hundred fifty dollars ($250);

(I) A fee for an endorsement to another state not to exceed twenty dollars ($20.00);

(J) A license replacement fee or a duplicate license fee not to exceed twenty-five dollars ($25.00);

(K) An insufficient funds fee not to exceed twenty-five dollars ($25.00); and

(L) A continuing education unit approval fee not to exceed two hundred fifty dollars ($250);

(10) (A) To request the use of Department of Health investigators, issue subpoenas, and perform all activities necessary to effectively investigate claims and pursue disciplinary action against licensees. (B) The board may inspect or may authorize the Department of Health investigators to inspect an established place of business during regular hours of operation; and

(A) To request the use of Department of Health investigators, issue subpoenas, and perform all activities necessary to effectively investigate claims and pursue disciplinary action against licensees.

(B) The board may inspect or may authorize the Department of Health investigators to inspect an established place of business during regular hours of operation; and

(11) To establish the standards of practice for hearing instrument dispensers in the State of Arkansas.

Amended by Act 2019, No. 315,§ 1528, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1527, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4877, eff. 7/1/2019.

Amended by Act 2017, No. 373,§ 9, eff. 8/1/2017.

Amended by Act 2017, No. 373,§ 8, eff. 8/1/2017.

Amended by Act 2015, No. 1027,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1027,§ 1, eff. 7/22/2015.

Acts 1969, No. 197, § 3, subsec. (2); A.S.A. 1947, § 72-1704; Acts 1991, No. 46, § 1; 1995, No. 1342, § 1; 1999, No. 592, § 5; 2007, No. 428, § 3.
Ark. Code Ann. § 17-86-308 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-308
Reciprocity
Status: in_force

(a) (1) The Department of Health may enter into reciprocal relations with other states and territories whose licensure requirements are substantially the same as those provided in this chapter. (2) (A) If the applicant's transcript or a copy of the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why it may not be obtained. (B) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department. (b) (1) An out-of-state applicant holding a current massage therapy license issued by another state and after receiving an Arkansas massage therapy license may apply for an upgrade to master massage therapist or massage therapy instructor by providing appropriate continuing education credits and experience gained before Arkansas licensure for department approval. (2) An upgrade request shall be made by submitting a complete application package and paying the fees required by this chapter. Amended by Act 2015, No. 1020,§ 20, eff. 10/1/2015. Amended by Act 2015, No. 1083,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 1445,§ 15, eff. 8/16/2013. Acts 1981, No. 875, § 17; A.S.A. 1947, § 72-1217; Acts 1991, No. 1217, § 1; 1993, No. 714, § 11; 1997, No. 840, § 14; 1999, No. 1461, § 16; 2009, No. 1305, § 9.

(a) (1) The Department of Health may enter into reciprocal relations with other states and territories whose licensure requirements are substantially the same as those provided in this chapter. (2) (A) If the applicant's transcript or a copy of the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why it may not be obtained. (B) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department.

(1) The Department of Health may enter into reciprocal relations with other states and territories whose licensure requirements are substantially the same as those provided in this chapter.

(2) (A) If the applicant's transcript or a copy of the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why it may not be obtained. (B) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department.

(A) If the applicant's transcript or a copy of the applicant's transcript is not obtainable from the original school, the applicant shall submit a statement to explain why it may not be obtained.

(B) Other documentation of credentials may be submitted and accepted for licensure at the discretion of the department.

(b) (1) An out-of-state applicant holding a current massage therapy license issued by another state and after receiving an Arkansas massage therapy license may apply for an upgrade to master massage therapist or massage therapy instructor by providing appropriate continuing education credits and experience gained before Arkansas licensure for department approval. (2) An upgrade request shall be made by submitting a complete application package and paying the fees required by this chapter.

(1) An out-of-state applicant holding a current massage therapy license issued by another state and after receiving an Arkansas massage therapy license may apply for an upgrade to master massage therapist or massage therapy instructor by providing appropriate continuing education credits and experience gained before Arkansas licensure for department approval.

(2) An upgrade request shall be made by submitting a complete application package and paying the fees required by this chapter.

Amended by Act 2015, No. 1020,§ 20, eff. 10/1/2015.

Amended by Act 2015, No. 1083,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 1445,§ 15, eff. 8/16/2013.

Acts 1981, No. 875, § 17; A.S.A. 1947, § 72-1217; Acts 1991, No. 1217, § 1; 1993, No. 714, § 11; 1997, No. 840, § 14; 1999, No. 1461, § 16; 2009, No. 1305, § 9.
Ark. Code Ann. § 17-86-201 — AR Code / Title 17 / Chapter 86 / Subchapter 2 / Section 17-86-201
Members
Status: in_force

(a) (1) The Massage Therapy Technical Advisory Committee shall consist of seven (7) members, who shall be appointed by the State Board of Health for a term of three (3) years. (2) (A) Six (6) of the members shall be licensees under this chapter. (B) Only one (1) of the members shall be an owner of a massage therapy school. (3) One (1) member, to represent the public, shall not be engaged in or retired from the practice of massage therapy. (b) The State Board of Health shall promulgate by rule the duties and powers of the committee. Amended by Act 2015, No. 1020,§ 8, eff. 10/1/2015. Amended by Act 2013, No. 1445,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1445,§ 3, eff. 8/16/2013. Acts 1981, No. 875, §§ 5, 6, 14; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1205, 72-1206, 72-1214; Acts 1991, No. 1217, § 1; 1993, No. 250, § 158; 1993, No. 714, § 2; 1997, No. 250, § 158; 1997, No. 840, § 2; 1999, No. 1461, §§ 3, 4; 1999, No. 1508, § 7(q); 2009, No. 1305, § 2.

(a) (1) The Massage Therapy Technical Advisory Committee shall consist of seven (7) members, who shall be appointed by the State Board of Health for a term of three (3) years. (2) (A) Six (6) of the members shall be licensees under this chapter. (B) Only one (1) of the members shall be an owner of a massage therapy school. (3) One (1) member, to represent the public, shall not be engaged in or retired from the practice of massage therapy.

(1) The Massage Therapy Technical Advisory Committee shall consist of seven (7) members, who shall be appointed by the State Board of Health for a term of three (3) years.

(2) (A) Six (6) of the members shall be licensees under this chapter. (B) Only one (1) of the members shall be an owner of a massage therapy school.

(A) Six (6) of the members shall be licensees under this chapter.

(B) Only one (1) of the members shall be an owner of a massage therapy school.

(3) One (1) member, to represent the public, shall not be engaged in or retired from the practice of massage therapy.

(b) The State Board of Health shall promulgate by rule the duties and powers of the committee.

Amended by Act 2015, No. 1020,§ 8, eff. 10/1/2015.

Amended by Act 2013, No. 1445,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1445,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1445,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1445,§ 3, eff. 8/16/2013.

Acts 1981, No. 875, §§ 5, 6, 14; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1205, 72-1206, 72-1214; Acts 1991, No. 1217, § 1; 1993, No. 250, § 158; 1993, No. 714, § 2; 1997, No. 250, § 158; 1997, No. 840, § 2; 1999, No. 1461, §§ 3, 4; 1999, No. 1508, § 7(q); 2009, No. 1305, § 2.
Ark. Code Ann. § 17-82-316 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-316
Revocation or suspension - Grounds - Effect
Status: in_force

(a) The Arkansas State Board of Dental Examiners is vested with the power to revoke or suspend for any period of time the privilege of practicing under any license issued in the State of Arkansas to any dentist, dental hygienist, or dental assistant possessing an expanded duties permit if the board finds that the licensee or permit holder has violated this chapter, the rules of the board, or a previous order of the board. (b) In addition to suspending or revoking a license or permit, the board may: (1) Place a licensee on probation for a period not exceeding eighteen (18) months per violation under terms and conditions determined by the board to be in the best interest of the licensee and the people of the State of Arkansas; (2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or (3) Require a licensee or permit holder to reimburse the board for its costs in conducting the investigation and hearing. (c) The board may impose one (1) or more of the penalties set out in subsection (b) of this section if the board finds that the licensed dentist, dental hygienist, or permit holder has violated this chapter, or the rules of the board, or has committed one (1) or more of the following acts: (1) The presentation to or filing with the board, for the purpose of securing a license to practice dentistry or dental hygiene or to obtain any permit issued by the board, of any diploma, license, or certificate illegally or fraudulently obtained by the applicant; (2) The use of an assumed or fictitious name in applying for a license for the purpose of shielding moral unfitness or a criminal record; (3) The commission of any criminal operation; habitual drunkenness for a period of three (3) months; insanity; adjudication of insanity or mental incompetency if deemed detrimental to patients; conviction of a felony listed under § 17-3-102 ; addiction to narcotics; immoral, dishonorable, or scandalous conduct; professional incompetency; failure to maintain proper standards of sanitation or failure otherwise to maintain adequate safeguards for the health and safety of patients; or employment in the practice of the profession of any drug, nostrum, unknown formula, or dangerous or unknown anesthetic not generally used by the dental profession; (4) The advertising of services to the public which is fraudulent and misleading or which does not comply with the rules of the board; (5) The permitting of any unlicensed person under his or her supervision or control to perform any act, service, practice, or operation on any patient or prospective patient which constitutes a part of the practice of dentistry or dental hygiene or is involved with the administration of drugs, medicines, or anesthetics, except those services permitted by the board and under the supervision of a licensed dentist; (6) The violation of any rule of board standards of professional conduct for dentists and dental hygienists practicing within the state; (7) The violation of any term of probation or order previously entered by the board affecting the licensee or permit holder; or (8) Having been found in violation of a statute or a rule governing the practice of dentistry or dental hygiene by the dental licensing authority or agency or another state. (d) The board may revoke the license of a dentist who permits a dental hygienist or dental assistant under his or her supervision to perform any of the acts, services, or practices which are prohibited by this chapter. The board also may revoke the license of the offending dental hygienist or the permit of the dental assistant. (e) No license revoked by the board shall ever be renewed. (f) No license which has been suspended by the board shall be reinstated until the offender has: (1) Given satisfactory assurance of future correct conduct; and (2) Paid a fee of fifty dollars ($50.00) to the board. (g) A license may be suspended or revoked if during the term of his or her probation the licensee shall violate any of the terms of his or her probation as set forth by the board. (h) Any fine imposed on a licensee shall be paid to the board before the resumption of the practice of dentistry or dental hygiene by the licensee. (i) A dentist or dental hygienist who resumes his or her practice after the revocation of his or her license is subject to the penalties and liabilities prescribed in § 17-82-301(b) and (c) . Amended by Act 2019, No. 315,§ 1519, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1518, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 65, eff. 7/24/2019. Acts 1955, No. 14, §§ 17, 27; 1973, No. 85, § 5; 1983, No. 778, § 1; A.S.A. 1947, §§ 72-550, 72-560; Acts 1987, No. 498, § 1; 2001, No. 439, § 10; 2007, No. 123, § 1.

(a) The Arkansas State Board of Dental Examiners is vested with the power to revoke or suspend for any period of time the privilege of practicing under any license issued in the State of Arkansas to any dentist, dental hygienist, or dental assistant possessing an expanded duties permit if the board finds that the licensee or permit holder has violated this chapter, the rules of the board, or a previous order of the board.

(b) In addition to suspending or revoking a license or permit, the board may: (1) Place a licensee on probation for a period not exceeding eighteen (18) months per violation under terms and conditions determined by the board to be in the best interest of the licensee and the people of the State of Arkansas; (2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or (3) Require a licensee or permit holder to reimburse the board for its costs in conducting the investigation and hearing.

(1) Place a licensee on probation for a period not exceeding eighteen (18) months per violation under terms and conditions determined by the board to be in the best interest of the licensee and the people of the State of Arkansas;

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

(3) Require a licensee or permit holder to reimburse the board for its costs in conducting the investigation and hearing.

(c) The board may impose one (1) or more of the penalties set out in subsection (b) of this section if the board finds that the licensed dentist, dental hygienist, or permit holder has violated this chapter, or the rules of the board, or has committed one (1) or more of the following acts: (1) The presentation to or filing with the board, for the purpose of securing a license to practice dentistry or dental hygiene or to obtain any permit issued by the board, of any diploma, license, or certificate illegally or fraudulently obtained by the applicant; (2) The use of an assumed or fictitious name in applying for a license for the purpose of shielding moral unfitness or a criminal record; (3) The commission of any criminal operation; habitual drunkenness for a period of three (3) months; insanity; adjudication of insanity or mental incompetency if deemed detrimental to patients; conviction of a felony listed under § 17-3-102 ; addiction to narcotics; immoral, dishonorable, or scandalous conduct; professional incompetency; failure to maintain proper standards of sanitation or failure otherwise to maintain adequate safeguards for the health and safety of patients; or employment in the practice of the profession of any drug, nostrum, unknown formula, or dangerous or unknown anesthetic not generally used by the dental profession; (4) The advertising of services to the public which is fraudulent and misleading or which does not comply with the rules of the board; (5) The permitting of any unlicensed person under his or her supervision or control to perform any act, service, practice, or operation on any patient or prospective patient which constitutes a part of the practice of dentistry or dental hygiene or is involved with the administration of drugs, medicines, or anesthetics, except those services permitted by the board and under the supervision of a licensed dentist; (6) The violation of any rule of board standards of professional conduct for dentists and dental hygienists practicing within the state; (7) The violation of any term of probation or order previously entered by the board affecting the licensee or permit holder; or (8) Having been found in violation of a statute or a rule governing the practice of dentistry or dental hygiene by the dental licensing authority or agency or another state.

(1) The presentation to or filing with the board, for the purpose of securing a license to practice dentistry or dental hygiene or to obtain any permit issued by the board, of any diploma, license, or certificate illegally or fraudulently obtained by the applicant;

(2) The use of an assumed or fictitious name in applying for a license for the purpose of shielding moral unfitness or a criminal record;

(3) The commission of any criminal operation; habitual drunkenness for a period of three (3) months; insanity; adjudication of insanity or mental incompetency if deemed detrimental to patients; conviction of a felony listed under § 17-3-102 ; addiction to narcotics; immoral, dishonorable, or scandalous conduct; professional incompetency; failure to maintain proper standards of sanitation or failure otherwise to maintain adequate safeguards for the health and safety of patients; or employment in the practice of the profession of any drug, nostrum, unknown formula, or dangerous or unknown anesthetic not generally used by the dental profession;

(4) The advertising of services to the public which is fraudulent and misleading or which does not comply with the rules of the board;

(5) The permitting of any unlicensed person under his or her supervision or control to perform any act, service, practice, or operation on any patient or prospective patient which constitutes a part of the practice of dentistry or dental hygiene or is involved with the administration of drugs, medicines, or anesthetics, except those services permitted by the board and under the supervision of a licensed dentist;

(6) The violation of any rule of board standards of professional conduct for dentists and dental hygienists practicing within the state;

(7) The violation of any term of probation or order previously entered by the board affecting the licensee or permit holder; or

(8) Having been found in violation of a statute or a rule governing the practice of dentistry or dental hygiene by the dental licensing authority or agency or another state.

(d) The board may revoke the license of a dentist who permits a dental hygienist or dental assistant under his or her supervision to perform any of the acts, services, or practices which are prohibited by this chapter. The board also may revoke the license of the offending dental hygienist or the permit of the dental assistant.

(e) No license revoked by the board shall ever be renewed.

(f) No license which has been suspended by the board shall be reinstated until the offender has: (1) Given satisfactory assurance of future correct conduct; and (2) Paid a fee of fifty dollars ($50.00) to the board.

(1) Given satisfactory assurance of future correct conduct; and

(2) Paid a fee of fifty dollars ($50.00) to the board.

(g) A license may be suspended or revoked if during the term of his or her probation the licensee shall violate any of the terms of his or her probation as set forth by the board.

(h) Any fine imposed on a licensee shall be paid to the board before the resumption of the practice of dentistry or dental hygiene by the licensee.

(i) A dentist or dental hygienist who resumes his or her practice after the revocation of his or her license is subject to the penalties and liabilities prescribed in § 17-82-301(b) and (c) .

Amended by Act 2019, No. 315,§ 1519, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1518, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 65, eff. 7/24/2019.

Acts 1955, No. 14, §§ 17, 27; 1973, No. 85, § 5; 1983, No. 778, § 1; A.S.A. 1947, §§ 72-550, 72-560; Acts 1987, No. 498, § 1; 2001, No. 439, § 10; 2007, No. 123, § 1.