Ark. Code Ann. § 17-42-104 — AR Code / Title 17 / Chapter 42 / Subchapter 1 / Section 17-42-104
Exemptions - Definition
Status: in_force

(a) This chapter does not apply to: (1) A person not licensed under this chapter who performs any of the acts described in § 17-42-103(10) as: (A) An owner of an individual freehold or leasehold interest in real estate; (B) In the case of a corporation, limited liability company, limited partnership or other entity recognized by law holding a freehold or leasehold interest in the real estate under subdivision (a)(1)(A) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity regarding real estate activities involving only the interest of the owner; (C) An individual attempting to acquire for his or her own use a freehold or leasehold interest in real estate; or (D) In the case of a corporation, limited liability company, limited partnership, or other entity recognized by law intending to acquire a freehold or leasehold interest in real estate under subdivision (a)(1)(C) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity; (2) An attorney in fact under a duly executed and recorded power of attorney from the owner or lessor authorizing the final consummation by performance of any contract for the sale, lease, or exchange of real estate, provided that the attorney in fact does not receive or have an expectation of receiving a fee, commission, or other consideration, directly or indirectly, for performing the act; (3) An attorney at law in the performance of his or her duties as an attorney at law; (4) A person acting as a receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument; (5) A person acting as a resident manager when the resident manager resides on the premises and is engaged in the leasing of real property in connection with his or her employment; (6) A person employed only at a salaried or hourly rate to engage in the leasing of real property for or on behalf of a licensed principal broker, the real estate firm of a licensed principal broker, or an owner of real estate, if the person: (A) Does not engage in or offer to perform any practice, act, or operation set forth in § 17-42-103(10) other than receiving a security deposit or payment as permitted by subdivision (a)(6)(B)(iii) of this section; and (B) Performs only one (1) or more of the following functions: (i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person; (ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner; (iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner; (iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or (v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person; (7) An officer or employee of a federal agency or state government, or any political subdivision, in the performance or conduct of his or her official duties; (8) A multiple listing service wholly owned by a nonprofit organization or association of real estate licensees; (9) An officer of a corporation, a member or manager of a limited liability company, a partner of a partnership, or the equivalent of an officer of another form of business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the acts are not performed by the officer, member, or partner for or in expectation of a commission or other compensation resulting solely from a successful transaction; (10) A person employed primarily at a salaried or hourly rate by a corporation, limited liability company, partnership, or other business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the: (A) Acts are not performed by the employee for or in expectation of a commission or other compensation resulting solely from a successful transaction; (B) Primary business activity of both the entity and affiliated entity is not ownership or acquisition of real estate; and (C) Employee is not providing real estate services to or on behalf of more than one (1) entity not affiliated by common ownership; or (11) (A) A person employed by an Arkansas-licensed residential construction company if: (i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery; (ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ; (iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and (iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) . (B) A person or Arkansas-licensed residential construction company asserting or utilizing the exemption under subdivision (a)(11)(A) of this section shall have the burden of proving a person is an employee, or is employed by the Arkansas-licensed residential construction company as that term is used in state and federal income tax, Social Security, and for other purposes. (C) As used in this section, "Arkansas-licensed residential construction company" means: (i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or (ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas. (b) Any real estate broker licensed by the Arkansas Real Estate Commission on or before January 1, 1985, who is engaged in the sale of real estate by auction only is authorized to employ real estate salespersons to work under the license of the broker even though the broker is employed in a non-real estate-related field and is only a part-time broker. (c) A person or entity shall not under any circumstance qualify for an exemption under this section if the person or entity: (1) Obtains an equitable interest in real estate with knowledge that the interest was obtained on behalf of a person or entity that intends to gain an interest in the real estate other than that of ownership; or (2) Strategically circumvents the requirement for licensure thereby eliminating remedies available to consumers through the commission. (d) The commission may waive certain requirements under § 17-42-101 et seq., for a principal broker employed by an Arkansas-licensed residential construction company under this section. Amended by Act 2023, No. 31,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 31,§ 1, eff. 8/1/2023. Amended by Act 2017, No. 890,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 890,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 278,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 278,§ 2, eff. 7/22/2015. Acts 1993, No. 690, § 4; 2007, No. 263, § 2; 2011, No. 865, § 2; 2011, No. 883, § 1.

(a) This chapter does not apply to: (1) A person not licensed under this chapter who performs any of the acts described in § 17-42-103(10) as: (A) An owner of an individual freehold or leasehold interest in real estate; (B) In the case of a corporation, limited liability company, limited partnership or other entity recognized by law holding a freehold or leasehold interest in the real estate under subdivision (a)(1)(A) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity regarding real estate activities involving only the interest of the owner; (C) An individual attempting to acquire for his or her own use a freehold or leasehold interest in real estate; or (D) In the case of a corporation, limited liability company, limited partnership, or other entity recognized by law intending to acquire a freehold or leasehold interest in real estate under subdivision (a)(1)(C) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity; (2) An attorney in fact under a duly executed and recorded power of attorney from the owner or lessor authorizing the final consummation by performance of any contract for the sale, lease, or exchange of real estate, provided that the attorney in fact does not receive or have an expectation of receiving a fee, commission, or other consideration, directly or indirectly, for performing the act; (3) An attorney at law in the performance of his or her duties as an attorney at law; (4) A person acting as a receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument; (5) A person acting as a resident manager when the resident manager resides on the premises and is engaged in the leasing of real property in connection with his or her employment; (6) A person employed only at a salaried or hourly rate to engage in the leasing of real property for or on behalf of a licensed principal broker, the real estate firm of a licensed principal broker, or an owner of real estate, if the person: (A) Does not engage in or offer to perform any practice, act, or operation set forth in § 17-42-103(10) other than receiving a security deposit or payment as permitted by subdivision (a)(6)(B)(iii) of this section; and (B) Performs only one (1) or more of the following functions: (i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person; (ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner; (iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner; (iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or (v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person; (7) An officer or employee of a federal agency or state government, or any political subdivision, in the performance or conduct of his or her official duties; (8) A multiple listing service wholly owned by a nonprofit organization or association of real estate licensees; (9) An officer of a corporation, a member or manager of a limited liability company, a partner of a partnership, or the equivalent of an officer of another form of business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the acts are not performed by the officer, member, or partner for or in expectation of a commission or other compensation resulting solely from a successful transaction; (10) A person employed primarily at a salaried or hourly rate by a corporation, limited liability company, partnership, or other business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the: (A) Acts are not performed by the employee for or in expectation of a commission or other compensation resulting solely from a successful transaction; (B) Primary business activity of both the entity and affiliated entity is not ownership or acquisition of real estate; and (C) Employee is not providing real estate services to or on behalf of more than one (1) entity not affiliated by common ownership; or (11) (A) A person employed by an Arkansas-licensed residential construction company if: (i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery; (ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ; (iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and (iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) . (B) A person or Arkansas-licensed residential construction company asserting or utilizing the exemption under subdivision (a)(11)(A) of this section shall have the burden of proving a person is an employee, or is employed by the Arkansas-licensed residential construction company as that term is used in state and federal income tax, Social Security, and for other purposes. (C) As used in this section, "Arkansas-licensed residential construction company" means: (i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or (ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas.

(1) A person not licensed under this chapter who performs any of the acts described in § 17-42-103(10) as: (A) An owner of an individual freehold or leasehold interest in real estate; (B) In the case of a corporation, limited liability company, limited partnership or other entity recognized by law holding a freehold or leasehold interest in the real estate under subdivision (a)(1)(A) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity regarding real estate activities involving only the interest of the owner; (C) An individual attempting to acquire for his or her own use a freehold or leasehold interest in real estate; or (D) In the case of a corporation, limited liability company, limited partnership, or other entity recognized by law intending to acquire a freehold or leasehold interest in real estate under subdivision (a)(1)(C) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity;

(A) An owner of an individual freehold or leasehold interest in real estate;

(B) In the case of a corporation, limited liability company, limited partnership or other entity recognized by law holding a freehold or leasehold interest in the real estate under subdivision (a)(1)(A) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity regarding real estate activities involving only the interest of the owner;

(C) An individual attempting to acquire for his or her own use a freehold or leasehold interest in real estate; or

(D) In the case of a corporation, limited liability company, limited partnership, or other entity recognized by law intending to acquire a freehold or leasehold interest in real estate under subdivision (a)(1)(C) of this section, a member, manager, partner, or officer who has authority to make management decisions affecting the overall policy of the entity;

(2) An attorney in fact under a duly executed and recorded power of attorney from the owner or lessor authorizing the final consummation by performance of any contract for the sale, lease, or exchange of real estate, provided that the attorney in fact does not receive or have an expectation of receiving a fee, commission, or other consideration, directly or indirectly, for performing the act;

(3) An attorney at law in the performance of his or her duties as an attorney at law;

(4) A person acting as a receiver, trustee in bankruptcy, administrator, executor, or guardian, or while acting under a court order or under the authority of a will or of a trust instrument;

(5) A person acting as a resident manager when the resident manager resides on the premises and is engaged in the leasing of real property in connection with his or her employment;

(6) A person employed only at a salaried or hourly rate to engage in the leasing of real property for or on behalf of a licensed principal broker, the real estate firm of a licensed principal broker, or an owner of real estate, if the person: (A) Does not engage in or offer to perform any practice, act, or operation set forth in § 17-42-103(10) other than receiving a security deposit or payment as permitted by subdivision (a)(6)(B)(iii) of this section; and (B) Performs only one (1) or more of the following functions: (i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person; (ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner; (iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner; (iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or (v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person;

(A) Does not engage in or offer to perform any practice, act, or operation set forth in § 17-42-103(10) other than receiving a security deposit or payment as permitted by subdivision (a)(6)(B)(iii) of this section; and

(B) Performs only one (1) or more of the following functions: (i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person; (ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner; (iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner; (iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or (v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person;

(i) Delivering a lease application, lease, or an amendment to a lease application or lease to any person;

(ii) Receiving a lease application, lease, or an amendment to a lease application for delivery to the principal broker, real estate firm, or owner;

(iii) Receiving a security deposit, rental payment, or any related payment for delivery to and made payable to the principal broker, real estate firm, or owner;

(iv) Acting under the direct written instructions of the principal broker, real estate firm, or owner: (a) Showing a rental unit to any person; or (b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or

(a) Showing a rental unit to any person; or

(b) Assisting in the execution of a preprinted lease or rental agreement containing terms established by the principal broker, real estate firm, or owner; or

(v) Conveying information prepared by the principal broker, real estate firm, or owner about a lease application, lease, the status of a security deposit, or the payment of rent to or from any person;

(7) An officer or employee of a federal agency or state government, or any political subdivision, in the performance or conduct of his or her official duties;

(8) A multiple listing service wholly owned by a nonprofit organization or association of real estate licensees;

(9) An officer of a corporation, a member or manager of a limited liability company, a partner of a partnership, or the equivalent of an officer of another form of business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the acts are not performed by the officer, member, or partner for or in expectation of a commission or other compensation resulting solely from a successful transaction;

(10) A person employed primarily at a salaried or hourly rate by a corporation, limited liability company, partnership, or other business entity acting with respect to real property owned or leased by the entity or an affiliated entity under common ownership or in connection with the proposed purchase, sale, rental, or leasing of real property by the entity or affiliate if the: (A) Acts are not performed by the employee for or in expectation of a commission or other compensation resulting solely from a successful transaction; (B) Primary business activity of both the entity and affiliated entity is not ownership or acquisition of real estate; and (C) Employee is not providing real estate services to or on behalf of more than one (1) entity not affiliated by common ownership; or

(A) Acts are not performed by the employee for or in expectation of a commission or other compensation resulting solely from a successful transaction;

(B) Primary business activity of both the entity and affiliated entity is not ownership or acquisition of real estate; and

(C) Employee is not providing real estate services to or on behalf of more than one (1) entity not affiliated by common ownership; or

(11) (A) A person employed by an Arkansas-licensed residential construction company if: (i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery; (ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ; (iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and (iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) . (B) A person or Arkansas-licensed residential construction company asserting or utilizing the exemption under subdivision (a)(11)(A) of this section shall have the burden of proving a person is an employee, or is employed by the Arkansas-licensed residential construction company as that term is used in state and federal income tax, Social Security, and for other purposes. (C) As used in this section, "Arkansas-licensed residential construction company" means: (i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or (ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas.

(A) A person employed by an Arkansas-licensed residential construction company if: (i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery; (ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ; (iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and (iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) .

(i) The employee provides a written disclosure to any purchaser involved in the possible or actual sale of newly constructed and never-occupied residential real estate: (a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and (b) The employer shall maintain the written disclosure for seven (7) years after delivery;

(a) Stating that the: (1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and (2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and

(1) Employee is acting exclusively on behalf of his or her employer who is the Arkansas-licensed residential construction company; and

(2) Purchaser has a right to be represented by his or her own licensed real estate agent or legal counsel; and

(b) The employer shall maintain the written disclosure for seven (7) years after delivery;

(ii) The primary business activity of the Arkansas-licensed residential construction company is not an activity described under § 17-42-103(10) ;

(iii) The employee is not providing real estate services to or on behalf of more than one (1) entity not wholly owned by the Arkansas-licensed residential construction company; and

(iv) The Arkansas-licensed residential construction company employs a principal broker, as defined under § 17-42-103(10) , who shall be responsible for the conduct of any persons identified in this subdivision (a)(11) in the same manner as if such person was a licensee, as defined under § 17-42-103(8) .

(B) A person or Arkansas-licensed residential construction company asserting or utilizing the exemption under subdivision (a)(11)(A) of this section shall have the burden of proving a person is an employee, or is employed by the Arkansas-licensed residential construction company as that term is used in state and federal income tax, Social Security, and for other purposes.

(C) As used in this section, "Arkansas-licensed residential construction company" means: (i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or (ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas.

(i) A construction company that: (a) Owns or leases newly constructed and never-occupied single family residential real estate; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas; or

(a) Owns or leases newly constructed and never-occupied single family residential real estate;

(b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and

(c) Is licensed in Arkansas; or

(ii) An entity wholly owned by the Arkansas-licensed residential construction company in connection with the proposed purchase or sale of single family residential real estate that: (a) Is wholly owned by the Arkansas-licensed residential construction company or entity; (b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and (c) Is licensed in Arkansas.

(a) Is wholly owned by the Arkansas-licensed residential construction company or entity;

(b) Has the sole business of developing, constructing, or selling newly constructed and never-occupied single family residential real estate; and

(c) Is licensed in Arkansas.

(b) Any real estate broker licensed by the Arkansas Real Estate Commission on or before January 1, 1985, who is engaged in the sale of real estate by auction only is authorized to employ real estate salespersons to work under the license of the broker even though the broker is employed in a non-real estate-related field and is only a part-time broker.

(c) A person or entity shall not under any circumstance qualify for an exemption under this section if the person or entity: (1) Obtains an equitable interest in real estate with knowledge that the interest was obtained on behalf of a person or entity that intends to gain an interest in the real estate other than that of ownership; or (2) Strategically circumvents the requirement for licensure thereby eliminating remedies available to consumers through the commission.

(1) Obtains an equitable interest in real estate with knowledge that the interest was obtained on behalf of a person or entity that intends to gain an interest in the real estate other than that of ownership; or

(2) Strategically circumvents the requirement for licensure thereby eliminating remedies available to consumers through the commission.

(d) The commission may waive certain requirements under § 17-42-101 et seq., for a principal broker employed by an Arkansas-licensed residential construction company under this section.

Amended by Act 2023, No. 31,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 31,§ 1, eff. 8/1/2023.

Amended by Act 2017, No. 890,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 890,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 278,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 278,§ 2, eff. 7/22/2015.

Acts 1993, No. 690, § 4; 2007, No. 263, § 2; 2011, No. 865, § 2; 2011, No. 883, § 1.
Ark. Code Ann. § 17-32-207 — AR Code / Title 17 / Chapter 32 / Subchapter 2 / Section 17-32-207
Official records and registers - Publication and accounting
Status: in_force

(a) (1) The State Board of Registration for Professional Geologists shall keep a public record of its proceedings and a register of all applications for registration. (2) The register shall show: (A) The name, age, and residence of each applicant; (B) The date of application; (C) The place of business of the applicant; (D) The applicant's education and other qualifications; (E) Whether or not an examination was required; (F) Whether the applicant was registered; (G) Whether a certificate of registration was granted; (H) The dates of the action by the board; and (I) Such other information as may be deemed necessary by the board. (b) All official records of the board, or affidavits by the Director of the State Board of Registration for Professional Geologists as to the content of such records, shall be prima facie evidence of all matters required to be kept therein. (c) (1) A complete roster showing the names, the classification, which will be geologist, specialty, or geologist-in-training, and the last known address of the registered geologists or certified geologists-in-training shall be published by the director one (1) time each year or at such intervals as established by board rules. (2) Copies of the roster shall be placed on file with the Secretary of State and county officials. (3) Copies may be sent to cities requesting the information and may be distributed or sold to the public. (d) At the end of the fiscal year, the board shall submit to the Secretary of the Department of Labor and Licensing and the General Assembly a complete statement of the receipts and expenditures of the board. (e) The board records shall be subject to audit by Arkansas Legislative Audit. Amended by Act 2019, No. 315,§ 1407, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5429, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5428, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5427, eff. 7/1/2019. Acts 1987, No. 470, § 8; 1987, No. 701, § 8; 2005, No. 676, § 6.

(a) (1) The State Board of Registration for Professional Geologists shall keep a public record of its proceedings and a register of all applications for registration. (2) The register shall show: (A) The name, age, and residence of each applicant; (B) The date of application; (C) The place of business of the applicant; (D) The applicant's education and other qualifications; (E) Whether or not an examination was required; (F) Whether the applicant was registered; (G) Whether a certificate of registration was granted; (H) The dates of the action by the board; and (I) Such other information as may be deemed necessary by the board.

(1) The State Board of Registration for Professional Geologists shall keep a public record of its proceedings and a register of all applications for registration.

(2) The register shall show: (A) The name, age, and residence of each applicant; (B) The date of application; (C) The place of business of the applicant; (D) The applicant's education and other qualifications; (E) Whether or not an examination was required; (F) Whether the applicant was registered; (G) Whether a certificate of registration was granted; (H) The dates of the action by the board; and (I) Such other information as may be deemed necessary by the board.

(A) The name, age, and residence of each applicant;

(B) The date of application;

(C) The place of business of the applicant;

(D) The applicant's education and other qualifications;

(E) Whether or not an examination was required;

(F) Whether the applicant was registered;

(G) Whether a certificate of registration was granted;

(H) The dates of the action by the board; and

(I) Such other information as may be deemed necessary by the board.

(b) All official records of the board, or affidavits by the Director of the State Board of Registration for Professional Geologists as to the content of such records, shall be prima facie evidence of all matters required to be kept therein.

(c) (1) A complete roster showing the names, the classification, which will be geologist, specialty, or geologist-in-training, and the last known address of the registered geologists or certified geologists-in-training shall be published by the director one (1) time each year or at such intervals as established by board rules. (2) Copies of the roster shall be placed on file with the Secretary of State and county officials. (3) Copies may be sent to cities requesting the information and may be distributed or sold to the public.

(1) A complete roster showing the names, the classification, which will be geologist, specialty, or geologist-in-training, and the last known address of the registered geologists or certified geologists-in-training shall be published by the director one (1) time each year or at such intervals as established by board rules.

(2) Copies of the roster shall be placed on file with the Secretary of State and county officials.

(3) Copies may be sent to cities requesting the information and may be distributed or sold to the public.

(d) At the end of the fiscal year, the board shall submit to the Secretary of the Department of Labor and Licensing and the General Assembly a complete statement of the receipts and expenditures of the board.

(e) The board records shall be subject to audit by Arkansas Legislative Audit.

Amended by Act 2019, No. 315,§ 1407, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5429, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5428, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5427, eff. 7/1/2019.

Acts 1987, No. 470, § 8; 1987, No. 701, § 8; 2005, No. 676, § 6.
Ark. Code Ann. § 17-20-408 — AR Code / Title 17 / Chapter 20 / Subchapter 4 / Section 17-20-408
Facility - Equipment
Status: in_force

(a) (1) A school or college of barbering shall not be approved by the State Board of Barber Examiners and a license shall not be issued to operate or conduct any school or college of barbering until one (1) chair is available for each student. (2) The chairs shall be five feet (5') from center to center with one (1) shampoo bowl with hot and cold running water for every two (2) barber chairs. (b) Each barber college shall have within the premises in which it is located adequate space to accommodate all facilities required by the board. Each barber chair in each college shall be of such construction that it may readily be cleaned, and it shall be mechanically workable and in good working order. (c) Square foot requirements for a barber school or college shall be determined by the board. (d) The classroom shall be equipped with sufficient seating capacity for all students attending the classroom and shall have the following equipment: (1) One (1) shampoo sink with hot and cold running water for every two (2) barber chairs to be approved for scientific practice classes; (2) One (1) chalkboard or the equivalent of a chalkboard not less than six feet by three and one-half feet (6' x 31/2') in size; (3) One (1) chart of the skin and hair; (4) One (1) chart of the muscles of the head, face, and neck; (5) One (1) chart of the nerves of the head, face, and neck; (6) One (1) chart of the bones of the head and face; (7) One (1) chart of the blood supplied to the head and face; (8) One (1) standard dictionary; (9) One (1) medical dictionary; and (10) One (1) microscope for the study of bacteria. (e) The floor of the practical training room shall be covered with tile or any type of water-resistant material and shall have available the following equipment and facilities: (1) A minimum of fifteen (15) barber chairs in modern and new condition; (2) One (1) shampoo bowl for each two (2) chairs; (3) One (1) closed cabinet for tools and linens for each chair; (4) One (1) approved soiled towel container with hinged lid or door for each chair; (5) One (1) disinfecting solution container for each chair adequate in size to accommodate all instruments to be used on each patron; (6) One (1) ultraviolet lamp for every twenty (20) students or a fraction thereof; (7) One (1) infrared generator for every twenty (20) students or a fraction thereof; (8) One (1) high-frequency unit for every twenty (20) students or a fraction thereof; (9) One (1) mechanical hand vibrator for every ten (10) students or a fraction thereof; (10) One (1) hair dryer; and (11) One (1) time clock to verify student hours of daily attendance to be submitted to the board by the tenth day of each month. (f) Each barber college shall have adequate ventilating and lighting equipment approved by the board. (g) Each barber college having both men and women in its enrollment shall provide one (1) restroom for men and one (1) restroom for women. Amended by Act 2017, No. 1060,§ 26, eff. 8/1/2017. Acts 1961, No. 109, §§ 5, 11, 12; A.S.A. 1947, §§ 71-527, 71-533, 71-534.

(a) (1) A school or college of barbering shall not be approved by the State Board of Barber Examiners and a license shall not be issued to operate or conduct any school or college of barbering until one (1) chair is available for each student. (2) The chairs shall be five feet (5') from center to center with one (1) shampoo bowl with hot and cold running water for every two (2) barber chairs.

(1) A school or college of barbering shall not be approved by the State Board of Barber Examiners and a license shall not be issued to operate or conduct any school or college of barbering until one (1) chair is available for each student.

(2) The chairs shall be five feet (5') from center to center with one (1) shampoo bowl with hot and cold running water for every two (2) barber chairs.

(b) Each barber college shall have within the premises in which it is located adequate space to accommodate all facilities required by the board. Each barber chair in each college shall be of such construction that it may readily be cleaned, and it shall be mechanically workable and in good working order.

(c) Square foot requirements for a barber school or college shall be determined by the board.

(d) The classroom shall be equipped with sufficient seating capacity for all students attending the classroom and shall have the following equipment: (1) One (1) shampoo sink with hot and cold running water for every two (2) barber chairs to be approved for scientific practice classes; (2) One (1) chalkboard or the equivalent of a chalkboard not less than six feet by three and one-half feet (6' x 31/2') in size; (3) One (1) chart of the skin and hair; (4) One (1) chart of the muscles of the head, face, and neck; (5) One (1) chart of the nerves of the head, face, and neck; (6) One (1) chart of the bones of the head and face; (7) One (1) chart of the blood supplied to the head and face; (8) One (1) standard dictionary; (9) One (1) medical dictionary; and (10) One (1) microscope for the study of bacteria.

(1) One (1) shampoo sink with hot and cold running water for every two (2) barber chairs to be approved for scientific practice classes;

(2) One (1) chalkboard or the equivalent of a chalkboard not less than six feet by three and one-half feet (6' x 31/2') in size;

(3) One (1) chart of the skin and hair;

(4) One (1) chart of the muscles of the head, face, and neck;

(5) One (1) chart of the nerves of the head, face, and neck;

(6) One (1) chart of the bones of the head and face;

(7) One (1) chart of the blood supplied to the head and face;

(8) One (1) standard dictionary;

(9) One (1) medical dictionary; and

(10) One (1) microscope for the study of bacteria.

(e) The floor of the practical training room shall be covered with tile or any type of water-resistant material and shall have available the following equipment and facilities: (1) A minimum of fifteen (15) barber chairs in modern and new condition; (2) One (1) shampoo bowl for each two (2) chairs; (3) One (1) closed cabinet for tools and linens for each chair; (4) One (1) approved soiled towel container with hinged lid or door for each chair; (5) One (1) disinfecting solution container for each chair adequate in size to accommodate all instruments to be used on each patron; (6) One (1) ultraviolet lamp for every twenty (20) students or a fraction thereof; (7) One (1) infrared generator for every twenty (20) students or a fraction thereof; (8) One (1) high-frequency unit for every twenty (20) students or a fraction thereof; (9) One (1) mechanical hand vibrator for every ten (10) students or a fraction thereof; (10) One (1) hair dryer; and (11) One (1) time clock to verify student hours of daily attendance to be submitted to the board by the tenth day of each month.

(1) A minimum of fifteen (15) barber chairs in modern and new condition;

(2) One (1) shampoo bowl for each two (2) chairs;

(3) One (1) closed cabinet for tools and linens for each chair;

(4) One (1) approved soiled towel container with hinged lid or door for each chair;

(5) One (1) disinfecting solution container for each chair adequate in size to accommodate all instruments to be used on each patron;

(6) One (1) ultraviolet lamp for every twenty (20) students or a fraction thereof;

(7) One (1) infrared generator for every twenty (20) students or a fraction thereof;

(8) One (1) high-frequency unit for every twenty (20) students or a fraction thereof;

(9) One (1) mechanical hand vibrator for every ten (10) students or a fraction thereof;

(10) One (1) hair dryer; and

(11) One (1) time clock to verify student hours of daily attendance to be submitted to the board by the tenth day of each month.

(f) Each barber college shall have adequate ventilating and lighting equipment approved by the board.

(g) Each barber college having both men and women in its enrollment shall provide one (1) restroom for men and one (1) restroom for women.

Amended by Act 2017, No. 1060,§ 26, eff. 8/1/2017.

Acts 1961, No. 109, §§ 5, 11, 12; A.S.A. 1947, §§ 71-527, 71-533, 71-534.
Ark. Code Ann. § 17-40-105 — AR Code / Title 17 / Chapter 40 / Subchapter 1 / Section 17-40-105
Notice of violation
Status: in_force

The Director of the Division of Arkansas State Police shall not deny, suspend, revoke, or fine any person required to be licensed, credentialed, or commissioned under this chapter unless the person has been notified of the alleged violation of this chapter within three hundred sixty-five (365) days after the occurrence of the alleged violation. Amended by Act 2019, No. 910,§ 5962, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 43, eff. 9/1/2015. Acts 1983, No. 899, § 11; A.S.A. 1947, § 71-2160.

The Director of the Division of Arkansas State Police shall not deny, suspend, revoke, or fine any person required to be licensed, credentialed, or commissioned under this chapter unless the person has been notified of the alleged violation of this chapter within three hundred sixty-five (365) days after the occurrence of the alleged violation.

Amended by Act 2019, No. 910,§ 5962, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 43, eff. 9/1/2015.

Acts 1983, No. 899, § 11; A.S.A. 1947, § 71-2160.
Ark. Code Ann. § 17-14-104 — AR Code / Title 17 / Chapter 14 / Subchapter 1 / Section 17-14-104
Exceptions to registration, licensing, or certification
Status: in_force

(a) (1) (A) Except when an interstate transaction or a federally related transaction is involved, the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to a real estate broker or sales person licensed by this state who: (i) In the ordinary course of his or her business, gives to a potential seller or third party a written report called a market analysis or a broker's price opinion as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended price of real estate; or (ii) Provides testimony regarding an opinion of the value of real property under § 28-51-302 . (B) A broker's price opinion or a market analysis issued in this state in connection with an interstate transaction or a federally related transaction shall not contain the term "appraisal" or the term "market value". (C) The prohibition in subdivision (a)(1)(B) of this section does not apply to an intrastate, nonfederally related broker's price opinion or market analysis. (2) (A) The listing price, purchase price, market analysis, or broker's price opinion may be treated as an appraisal solely for the purposes of § 28-51-302 . (B) A real estate broker who provides testimony regarding an opinion of the value of real property that may be treated as an appraisal for purposes of § 28-51-302 shall nonetheless be exempt from registration as an appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (b) (1) (A) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to any state, county, or municipal public officer or employee while the officer or employee is performing appraisal or appraisal-related duties as the officer or employee. (B) Appraisals performed by state, county, or municipal officers or employees outside the scope of their employment are subject to the provisions of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (2) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to: (A) Persons performing appraisals as officers or staff of a bank, savings and loan, or credit union; (B) Company foresters in the ordinary course of their duties; or (C) Staff appraisers performing ad valorem tax appraisals for county assessors or employees of contractors performing county-wide reappraisals. (c) (1) Except as provided in subsection (b) of this section, appraisers, when providing appraisal reports or appraisal services in nonfederally related transactions, who become licensed or certified by the State Board of Appraisers, Abstracters, and Home Inspectors are subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., in all matters involving appraisal services, including transactions below the federally established threshold. (2) If an appraiser does not make appraisals for any federal agency, any federally insured lending institution, the Federal Housing Administration, the Federal National Mortgage Association, the Federal Deposit Insurance Corporation, the United States Bankruptcy Courts, the Federal Highway Administration, the Federal Aviation Administration, the United States Department of Veterans Affairs, the Internal Revenue Service, or any other federal or quasi-federal authority, including appraisal work that is distributed via interstate commerce or appraisals involving transactions above the threshold established by a federal financial institutions regulatory agency, the appraiser is only required to be a state-registered appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (d) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not preclude any person from testifying as an expert witness in any judicial proceeding in which the value of real estate is in issue unless that person holds himself or herself out as a practicing real estate fee appraiser. (e) Nothing in the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., prohibits any person who is licensed to practice in this state under any law from engaging in the practice for which he or she is licensed. Amended by Act 2023, No. 628,§ 21, eff. 7/1/2023. Acts 1991, No. 416, §§ 6, 7; 1991, No. 541, §§ 6, 7; 1993, No. 413, § 3; 1993, No. 1270, § 2; 2001, No. 1256, § 3; 2005, No. 922, § 1; 2007, No. 540, § 1; 2009, No. 628, § 6.

(a) (1) (A) Except when an interstate transaction or a federally related transaction is involved, the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to a real estate broker or sales person licensed by this state who: (i) In the ordinary course of his or her business, gives to a potential seller or third party a written report called a market analysis or a broker's price opinion as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended price of real estate; or (ii) Provides testimony regarding an opinion of the value of real property under § 28-51-302 . (B) A broker's price opinion or a market analysis issued in this state in connection with an interstate transaction or a federally related transaction shall not contain the term "appraisal" or the term "market value". (C) The prohibition in subdivision (a)(1)(B) of this section does not apply to an intrastate, nonfederally related broker's price opinion or market analysis. (2) (A) The listing price, purchase price, market analysis, or broker's price opinion may be treated as an appraisal solely for the purposes of § 28-51-302 . (B) A real estate broker who provides testimony regarding an opinion of the value of real property that may be treated as an appraisal for purposes of § 28-51-302 shall nonetheless be exempt from registration as an appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(1) (A) Except when an interstate transaction or a federally related transaction is involved, the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to a real estate broker or sales person licensed by this state who: (i) In the ordinary course of his or her business, gives to a potential seller or third party a written report called a market analysis or a broker's price opinion as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended price of real estate; or (ii) Provides testimony regarding an opinion of the value of real property under § 28-51-302 . (B) A broker's price opinion or a market analysis issued in this state in connection with an interstate transaction or a federally related transaction shall not contain the term "appraisal" or the term "market value". (C) The prohibition in subdivision (a)(1)(B) of this section does not apply to an intrastate, nonfederally related broker's price opinion or market analysis.

(A) Except when an interstate transaction or a federally related transaction is involved, the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to a real estate broker or sales person licensed by this state who: (i) In the ordinary course of his or her business, gives to a potential seller or third party a written report called a market analysis or a broker's price opinion as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended price of real estate; or (ii) Provides testimony regarding an opinion of the value of real property under § 28-51-302 .

(i) In the ordinary course of his or her business, gives to a potential seller or third party a written report called a market analysis or a broker's price opinion as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended price of real estate; or

(ii) Provides testimony regarding an opinion of the value of real property under § 28-51-302 .

(B) A broker's price opinion or a market analysis issued in this state in connection with an interstate transaction or a federally related transaction shall not contain the term "appraisal" or the term "market value".

(C) The prohibition in subdivision (a)(1)(B) of this section does not apply to an intrastate, nonfederally related broker's price opinion or market analysis.

(2) (A) The listing price, purchase price, market analysis, or broker's price opinion may be treated as an appraisal solely for the purposes of § 28-51-302 . (B) A real estate broker who provides testimony regarding an opinion of the value of real property that may be treated as an appraisal for purposes of § 28-51-302 shall nonetheless be exempt from registration as an appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(A) The listing price, purchase price, market analysis, or broker's price opinion may be treated as an appraisal solely for the purposes of § 28-51-302 .

(B) A real estate broker who provides testimony regarding an opinion of the value of real property that may be treated as an appraisal for purposes of § 28-51-302 shall nonetheless be exempt from registration as an appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(b) (1) (A) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to any state, county, or municipal public officer or employee while the officer or employee is performing appraisal or appraisal-related duties as the officer or employee. (B) Appraisals performed by state, county, or municipal officers or employees outside the scope of their employment are subject to the provisions of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (2) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to: (A) Persons performing appraisals as officers or staff of a bank, savings and loan, or credit union; (B) Company foresters in the ordinary course of their duties; or (C) Staff appraisers performing ad valorem tax appraisals for county assessors or employees of contractors performing county-wide reappraisals.

(1) (A) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to any state, county, or municipal public officer or employee while the officer or employee is performing appraisal or appraisal-related duties as the officer or employee. (B) Appraisals performed by state, county, or municipal officers or employees outside the scope of their employment are subject to the provisions of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(A) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to any state, county, or municipal public officer or employee while the officer or employee is performing appraisal or appraisal-related duties as the officer or employee.

(B) Appraisals performed by state, county, or municipal officers or employees outside the scope of their employment are subject to the provisions of the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(2) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., does not apply to: (A) Persons performing appraisals as officers or staff of a bank, savings and loan, or credit union; (B) Company foresters in the ordinary course of their duties; or (C) Staff appraisers performing ad valorem tax appraisals for county assessors or employees of contractors performing county-wide reappraisals.

(A) Persons performing appraisals as officers or staff of a bank, savings and loan, or credit union;

(B) Company foresters in the ordinary course of their duties; or

(C) Staff appraisers performing ad valorem tax appraisals for county assessors or employees of contractors performing county-wide reappraisals.

(c) (1) Except as provided in subsection (b) of this section, appraisers, when providing appraisal reports or appraisal services in nonfederally related transactions, who become licensed or certified by the State Board of Appraisers, Abstracters, and Home Inspectors are subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., in all matters involving appraisal services, including transactions below the federally established threshold. (2) If an appraiser does not make appraisals for any federal agency, any federally insured lending institution, the Federal Housing Administration, the Federal National Mortgage Association, the Federal Deposit Insurance Corporation, the United States Bankruptcy Courts, the Federal Highway Administration, the Federal Aviation Administration, the United States Department of Veterans Affairs, the Internal Revenue Service, or any other federal or quasi-federal authority, including appraisal work that is distributed via interstate commerce or appraisals involving transactions above the threshold established by a federal financial institutions regulatory agency, the appraiser is only required to be a state-registered appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(1) Except as provided in subsection (b) of this section, appraisers, when providing appraisal reports or appraisal services in nonfederally related transactions, who become licensed or certified by the State Board of Appraisers, Abstracters, and Home Inspectors are subject to the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., in all matters involving appraisal services, including transactions below the federally established threshold.

(2) If an appraiser does not make appraisals for any federal agency, any federally insured lending institution, the Federal Housing Administration, the Federal National Mortgage Association, the Federal Deposit Insurance Corporation, the United States Bankruptcy Courts, the Federal Highway Administration, the Federal Aviation Administration, the United States Department of Veterans Affairs, the Internal Revenue Service, or any other federal or quasi-federal authority, including appraisal work that is distributed via interstate commerce or appraisals involving transactions above the threshold established by a federal financial institutions regulatory agency, the appraiser is only required to be a state-registered appraiser under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(d) The Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., shall not preclude any person from testifying as an expert witness in any judicial proceeding in which the value of real estate is in issue unless that person holds himself or herself out as a practicing real estate fee appraiser.

(e) Nothing in the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq., prohibits any person who is licensed to practice in this state under any law from engaging in the practice for which he or she is licensed.

Amended by Act 2023, No. 628,§ 21, eff. 7/1/2023.

Acts 1991, No. 416, §§ 6, 7; 1991, No. 541, §§ 6, 7; 1993, No. 413, § 3; 1993, No. 1270, § 2; 2001, No. 1256, § 3; 2005, No. 922, § 1; 2007, No. 540, § 1; 2009, No. 628, § 6.
Ark. Code Ann. § 17-31-302 — AR Code / Title 17 / Chapter 31 / Subchapter 3 / Section 17-31-302
Qualifications
Status: in_force

The applicant must pass a written examination on basic forestry subjects administered by the Arkansas Forestry Commission or the Department of Agriculture, or both, with a score established by the commission along with the following minimum evidence that an applicant is qualified to be registered as a forester: (1) A bachelor's or advanced degree in forestry from a college or university program accredited by the Society of American Foresters; (2) A bachelor's or advanced degree in forestry from a college or university program not accredited by the Society of American Foresters and three (3) years' or more experience in forestry work of a nature satisfactory to the commission; (3) A bachelor's degree in a natural resources-related field from a college or university program, including, but not limited to, wildlife management, with at least twenty (20) semester hours of forestry courses approved by the commission and three (3) years' or more experience in forestry work of a nature satisfactory to the commission; (4) A bachelor's degree not related to natural resources from a college or university program and six (6) years' or more experience in forestry work of a nature satisfactory to the commission; or (5) A two-year associate's degree in forestry and six (6) years' or more experience in forestry work of a nature satisfactory to the commission. Amended by Act 2023, No. 691,§ 85, eff. 7/1/2023. Amended by Act 2019, No. 257,§ 1, eff. 7/24/2019. Acts 1969, No. 535, § 13; 1973, No. 245, § 1; A.S.A. 1947, § 71-2413; Acts 1999, No. 993, § 9; 2011, No. 177, § 2.

The applicant must pass a written examination on basic forestry subjects administered by the Arkansas Forestry Commission or the Department of Agriculture, or both, with a score established by the commission along with the following minimum evidence that an applicant is qualified to be registered as a forester:

(1) A bachelor's or advanced degree in forestry from a college or university program accredited by the Society of American Foresters;

(2) A bachelor's or advanced degree in forestry from a college or university program not accredited by the Society of American Foresters and three (3) years' or more experience in forestry work of a nature satisfactory to the commission;

(3) A bachelor's degree in a natural resources-related field from a college or university program, including, but not limited to, wildlife management, with at least twenty (20) semester hours of forestry courses approved by the commission and three (3) years' or more experience in forestry work of a nature satisfactory to the commission;

(4) A bachelor's degree not related to natural resources from a college or university program and six (6) years' or more experience in forestry work of a nature satisfactory to the commission; or

(5) A two-year associate's degree in forestry and six (6) years' or more experience in forestry work of a nature satisfactory to the commission.

Amended by Act 2023, No. 691,§ 85, eff. 7/1/2023.

Amended by Act 2019, No. 257,§ 1, eff. 7/24/2019.

Acts 1969, No. 535, § 13; 1973, No. 245, § 1; A.S.A. 1947, § 71-2413; Acts 1999, No. 993, § 9; 2011, No. 177, § 2.
Ark. Code Ann. § 17-92-403 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-403
Licensed pharmacist required - Exceptions
Status: in_force

(a) No person shall operate a pharmacy or other facility dispensing prescriptions as identified in this section or be issued a pharmacy permit or other permit issued by the Arkansas State Board of Pharmacy to facilities dispensing prescriptions unless an Arkansas-licensed pharmacist-in-charge is on duty in the drugstore or pharmacy a minimum of forty (40) hours per week or as otherwise provided in this chapter or by board rule. (b) In the absence of a licensed pharmacist, no one shall fill a prescription except a student serving as a graduate intern. (c) If the owner of any pharmacy or other facility dispensing prescriptions as identified in this section fails to have on duty a licensed pharmacist-in-charge forty (40) hours per week or as otherwise provided in this chapter due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days or such additional time at the discretion of the board either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy or facility as identified in this section and cease to operate as a pharmacy or facility as identified in this section. (d) (1) The board shall provide by rule for the issuance of permits for specialty pharmacies to which § 17-92-607 shall apply. (2) The owners of specialty pharmacies shall have on duty a licensed pharmacist-in-charge whose minimum number of hours on duty shall be determined by board rules regarding the nature of the pharmacy service provided. (3) Specialty pharmacies dispensing prescriptions to in-house patients that are cared for on a twenty-four-hour-per-day basis must have a pharmacist on duty no less than forty (40) hours per week. (4) The owners of specialty pharmacies shall abide by all provisions established for the employment of pharmacists in this chapter and board rules. (5) If the owner of any specialty pharmacy fails to have on duty a licensed pharmacist-in-charge as provided in subdivision (d)(2) or subdivision (d)(3) of this section due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days, or such additional time as the board in its discretion may allow, either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy and cease to operate the pharmacy. (e) The board may provide by rule for the issuance of hospital pharmaceutical permits to pharmacists employed in hospitals under which the pharmacist-in-charge employed in a hospital may have a flexible schedule of attendance and to which the requirement of a licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply. (f) The board shall provide for the issuance of ambulatory care center pharmaceutical services permits to entities so licensed by the Department of Health and that shall employ a licensed pharmacist-in-charge as provided by board rule. (g) The board shall provide by rule for the issuance of institutional pharmacy permits to governmentally funded institutions that provide inpatient pharmaceutical services to persons confined to such institutions or in which drugs are administered to inpatients on orders of practitioners authorized by law to prescribe or administer the drugs and to which the requirement that the licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply. (h) The board may provide by rule for the issuance of charitable clinic pharmacy permits to clinics operated on a nonprofit basis to furnish medical and dental care to poor and underprivileged persons and in which drugs are dispensed or administered to such persons on orders or prescriptions of practitioners authorized by law to prescribe or administer the drugs and to which the requirement of a licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply. Amended by Act 2019, No. 315,§ 1588, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1587, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1586, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1585, eff. 7/24/2019. Amended by Act 2017, No. 477,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 477,§ 5, eff. 8/1/2017. Acts 1955, No. 57, § 14; 1971, No. 73, § 1; 1975, No. 533, § 1; A.S.A. 1947, § 72-1017.1; Acts 2001, No. 910, § 4.

(a) No person shall operate a pharmacy or other facility dispensing prescriptions as identified in this section or be issued a pharmacy permit or other permit issued by the Arkansas State Board of Pharmacy to facilities dispensing prescriptions unless an Arkansas-licensed pharmacist-in-charge is on duty in the drugstore or pharmacy a minimum of forty (40) hours per week or as otherwise provided in this chapter or by board rule.

(b) In the absence of a licensed pharmacist, no one shall fill a prescription except a student serving as a graduate intern.

(c) If the owner of any pharmacy or other facility dispensing prescriptions as identified in this section fails to have on duty a licensed pharmacist-in-charge forty (40) hours per week or as otherwise provided in this chapter due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days or such additional time at the discretion of the board either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy or facility as identified in this section and cease to operate as a pharmacy or facility as identified in this section.

(d) (1) The board shall provide by rule for the issuance of permits for specialty pharmacies to which § 17-92-607 shall apply. (2) The owners of specialty pharmacies shall have on duty a licensed pharmacist-in-charge whose minimum number of hours on duty shall be determined by board rules regarding the nature of the pharmacy service provided. (3) Specialty pharmacies dispensing prescriptions to in-house patients that are cared for on a twenty-four-hour-per-day basis must have a pharmacist on duty no less than forty (40) hours per week. (4) The owners of specialty pharmacies shall abide by all provisions established for the employment of pharmacists in this chapter and board rules. (5) If the owner of any specialty pharmacy fails to have on duty a licensed pharmacist-in-charge as provided in subdivision (d)(2) or subdivision (d)(3) of this section due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days, or such additional time as the board in its discretion may allow, either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy and cease to operate the pharmacy.

(1) The board shall provide by rule for the issuance of permits for specialty pharmacies to which § 17-92-607 shall apply.

(2) The owners of specialty pharmacies shall have on duty a licensed pharmacist-in-charge whose minimum number of hours on duty shall be determined by board rules regarding the nature of the pharmacy service provided.

(3) Specialty pharmacies dispensing prescriptions to in-house patients that are cared for on a twenty-four-hour-per-day basis must have a pharmacist on duty no less than forty (40) hours per week.

(4) The owners of specialty pharmacies shall abide by all provisions established for the employment of pharmacists in this chapter and board rules.

(5) If the owner of any specialty pharmacy fails to have on duty a licensed pharmacist-in-charge as provided in subdivision (d)(2) or subdivision (d)(3) of this section due to illness, death, resignation, or for any other reason, the owner shall within five (5) days notify the board of the fact and shall within thirty (30) days, or such additional time as the board in its discretion may allow, either secure the services of a licensed pharmacist-in-charge or remove all prescription legend drugs and drug signs from the pharmacy and cease to operate the pharmacy.

(e) The board may provide by rule for the issuance of hospital pharmaceutical permits to pharmacists employed in hospitals under which the pharmacist-in-charge employed in a hospital may have a flexible schedule of attendance and to which the requirement of a licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply.

(f) The board shall provide for the issuance of ambulatory care center pharmaceutical services permits to entities so licensed by the Department of Health and that shall employ a licensed pharmacist-in-charge as provided by board rule.

(g) The board shall provide by rule for the issuance of institutional pharmacy permits to governmentally funded institutions that provide inpatient pharmaceutical services to persons confined to such institutions or in which drugs are administered to inpatients on orders of practitioners authorized by law to prescribe or administer the drugs and to which the requirement that the licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply.

(h) The board may provide by rule for the issuance of charitable clinic pharmacy permits to clinics operated on a nonprofit basis to furnish medical and dental care to poor and underprivileged persons and in which drugs are dispensed or administered to such persons on orders or prescriptions of practitioners authorized by law to prescribe or administer the drugs and to which the requirement of a licensed pharmacist-in-charge on duty for a minimum of forty (40) hours a week shall not apply.

Amended by Act 2019, No. 315,§ 1588, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1587, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1586, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1585, eff. 7/24/2019.

Amended by Act 2017, No. 477,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 477,§ 5, eff. 8/1/2017.

Acts 1955, No. 57, § 14; 1971, No. 73, § 1; 1975, No. 533, § 1; A.S.A. 1947, § 72-1017.1; Acts 2001, No. 910, § 4.
Ark. Code Ann. § 17-101-320 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-320
Collaborative practice agreement
Status: in_force

(a) (1) (A) A veterinary technician specialist and a veterinarian may enter into a collaborative practice agreement. (B) A veterinarian shall not enter into a collaborative practice agreement with more than three (3) veterinary technician specialists at one (1) time. (2) A collaborative practice agreement shall include without limitation provisions addressing: (A) The location and license details of both the veterinary technician specialist and collaborating veterinarian as well as the availability of the collaborating veterinarian for consultation or referral, or both; (B) Methods of management of the collaborative practice, which shall include protocols for technical duties; (C) Coverage of the veterinary needs of an animal patient in the emergency absence of the veterinary technician specialist or collaborating veterinarian; and (D) Quality assurance with monthly reviews of the veterinary technician specialist's animal patients' medical records or case discussions with the collaborating veterinarian. (3) If a collaborative practice results in complaints of violations of this chapter, the Arkansas Livestock and Poultry Commission may review the role of the collaborating veterinarian or the veterinary technician specialist in the collaborative practice to determine if the collaborating veterinarian or the veterinary technician specialist is unable to manage his or her responsibilities under the collaborative practice agreement without an adverse effect on the quality of care of the animal patient. (4) A veterinary technician specialist shall notify the commission in writing within seven (7) days following the termination of a collaborative practice agreement. (b) (1) A veterinary technician specialist may receive drugs, medicines, or therapeutic devices appropriate to the veterinary technician specialist's area of practice. (2) If the collaborative practice agreement between a veterinary technician specialist and a collaborating veterinarian is terminated, a new collaborative practice agreement shall be required. (3) Under the supervision of a collaborating veterinarian, a veterinary technician specialist may: (A) (i) Establish care for new animal patients by forming a preliminary veterinarian-client-patient relationship on behalf of the collaborating veterinarian with the animal patient or client, order diagnostics, provide a diagnosis or a prognosis, and develop treatment plans with a collaborating veterinarian. (ii) The collaborating veterinarian shall complete the veterinarian-client-patient relationship by personally seeing the animal patient within fifteen (15) days; (B) Perform the induction, maintenance, and monitoring of anesthesia for an animal patient except when in conflict with state or federal law; (C) Perform minor dental and surgical procedures on animal patients, excluding abdominal, thoracic, or orthopedic surgery and neurosurgery; (D) Administer a drug or controlled substance to prevent suffering of animal patients, including without limitation euthanasia, under direct communication with a collaborating veterinarian; (E) Initiate and perform cardiopulmonary resuscitation on animal patients, including administration of medication and defibrillation, and provide immediate post-resuscitation care according to established protocols except when in conflict with state or federal law; and (F) Dispense and administer medicines or therapeutic devices for animal patients except when in conflict with state or federal law. (c) The veterinary technician specialist shall keep accurate records in accordance with the rules of the commission, including without limitation the medical history, physical examination, other evaluations and consultations, treatment plan objective, informed consent noted in the animal patient's record, treatment, prescriptions, and medications given, agreements regarding the animal patient, and periodic reviews. Amended by Act 2023, No. 452,§ 2, eff. 8/1/2023. Added by Act 2023, No. 161,§ 4, eff. 8/1/2023.

(a) (1) (A) A veterinary technician specialist and a veterinarian may enter into a collaborative practice agreement. (B) A veterinarian shall not enter into a collaborative practice agreement with more than three (3) veterinary technician specialists at one (1) time. (2) A collaborative practice agreement shall include without limitation provisions addressing: (A) The location and license details of both the veterinary technician specialist and collaborating veterinarian as well as the availability of the collaborating veterinarian for consultation or referral, or both; (B) Methods of management of the collaborative practice, which shall include protocols for technical duties; (C) Coverage of the veterinary needs of an animal patient in the emergency absence of the veterinary technician specialist or collaborating veterinarian; and (D) Quality assurance with monthly reviews of the veterinary technician specialist's animal patients' medical records or case discussions with the collaborating veterinarian. (3) If a collaborative practice results in complaints of violations of this chapter, the Arkansas Livestock and Poultry Commission may review the role of the collaborating veterinarian or the veterinary technician specialist in the collaborative practice to determine if the collaborating veterinarian or the veterinary technician specialist is unable to manage his or her responsibilities under the collaborative practice agreement without an adverse effect on the quality of care of the animal patient. (4) A veterinary technician specialist shall notify the commission in writing within seven (7) days following the termination of a collaborative practice agreement.

(1) (A) A veterinary technician specialist and a veterinarian may enter into a collaborative practice agreement. (B) A veterinarian shall not enter into a collaborative practice agreement with more than three (3) veterinary technician specialists at one (1) time.

(A) A veterinary technician specialist and a veterinarian may enter into a collaborative practice agreement.

(B) A veterinarian shall not enter into a collaborative practice agreement with more than three (3) veterinary technician specialists at one (1) time.

(2) A collaborative practice agreement shall include without limitation provisions addressing: (A) The location and license details of both the veterinary technician specialist and collaborating veterinarian as well as the availability of the collaborating veterinarian for consultation or referral, or both; (B) Methods of management of the collaborative practice, which shall include protocols for technical duties; (C) Coverage of the veterinary needs of an animal patient in the emergency absence of the veterinary technician specialist or collaborating veterinarian; and (D) Quality assurance with monthly reviews of the veterinary technician specialist's animal patients' medical records or case discussions with the collaborating veterinarian.

(A) The location and license details of both the veterinary technician specialist and collaborating veterinarian as well as the availability of the collaborating veterinarian for consultation or referral, or both;

(B) Methods of management of the collaborative practice, which shall include protocols for technical duties;

(C) Coverage of the veterinary needs of an animal patient in the emergency absence of the veterinary technician specialist or collaborating veterinarian; and

(D) Quality assurance with monthly reviews of the veterinary technician specialist's animal patients' medical records or case discussions with the collaborating veterinarian.

(3) If a collaborative practice results in complaints of violations of this chapter, the Arkansas Livestock and Poultry Commission may review the role of the collaborating veterinarian or the veterinary technician specialist in the collaborative practice to determine if the collaborating veterinarian or the veterinary technician specialist is unable to manage his or her responsibilities under the collaborative practice agreement without an adverse effect on the quality of care of the animal patient.

(4) A veterinary technician specialist shall notify the commission in writing within seven (7) days following the termination of a collaborative practice agreement.

(b) (1) A veterinary technician specialist may receive drugs, medicines, or therapeutic devices appropriate to the veterinary technician specialist's area of practice. (2) If the collaborative practice agreement between a veterinary technician specialist and a collaborating veterinarian is terminated, a new collaborative practice agreement shall be required. (3) Under the supervision of a collaborating veterinarian, a veterinary technician specialist may: (A) (i) Establish care for new animal patients by forming a preliminary veterinarian-client-patient relationship on behalf of the collaborating veterinarian with the animal patient or client, order diagnostics, provide a diagnosis or a prognosis, and develop treatment plans with a collaborating veterinarian. (ii) The collaborating veterinarian shall complete the veterinarian-client-patient relationship by personally seeing the animal patient within fifteen (15) days; (B) Perform the induction, maintenance, and monitoring of anesthesia for an animal patient except when in conflict with state or federal law; (C) Perform minor dental and surgical procedures on animal patients, excluding abdominal, thoracic, or orthopedic surgery and neurosurgery; (D) Administer a drug or controlled substance to prevent suffering of animal patients, including without limitation euthanasia, under direct communication with a collaborating veterinarian; (E) Initiate and perform cardiopulmonary resuscitation on animal patients, including administration of medication and defibrillation, and provide immediate post-resuscitation care according to established protocols except when in conflict with state or federal law; and (F) Dispense and administer medicines or therapeutic devices for animal patients except when in conflict with state or federal law.

(1) A veterinary technician specialist may receive drugs, medicines, or therapeutic devices appropriate to the veterinary technician specialist's area of practice.

(2) If the collaborative practice agreement between a veterinary technician specialist and a collaborating veterinarian is terminated, a new collaborative practice agreement shall be required.

(3) Under the supervision of a collaborating veterinarian, a veterinary technician specialist may: (A) (i) Establish care for new animal patients by forming a preliminary veterinarian-client-patient relationship on behalf of the collaborating veterinarian with the animal patient or client, order diagnostics, provide a diagnosis or a prognosis, and develop treatment plans with a collaborating veterinarian. (ii) The collaborating veterinarian shall complete the veterinarian-client-patient relationship by personally seeing the animal patient within fifteen (15) days; (B) Perform the induction, maintenance, and monitoring of anesthesia for an animal patient except when in conflict with state or federal law; (C) Perform minor dental and surgical procedures on animal patients, excluding abdominal, thoracic, or orthopedic surgery and neurosurgery; (D) Administer a drug or controlled substance to prevent suffering of animal patients, including without limitation euthanasia, under direct communication with a collaborating veterinarian; (E) Initiate and perform cardiopulmonary resuscitation on animal patients, including administration of medication and defibrillation, and provide immediate post-resuscitation care according to established protocols except when in conflict with state or federal law; and (F) Dispense and administer medicines or therapeutic devices for animal patients except when in conflict with state or federal law.

(A) (i) Establish care for new animal patients by forming a preliminary veterinarian-client-patient relationship on behalf of the collaborating veterinarian with the animal patient or client, order diagnostics, provide a diagnosis or a prognosis, and develop treatment plans with a collaborating veterinarian. (ii) The collaborating veterinarian shall complete the veterinarian-client-patient relationship by personally seeing the animal patient within fifteen (15) days;

(i) Establish care for new animal patients by forming a preliminary veterinarian-client-patient relationship on behalf of the collaborating veterinarian with the animal patient or client, order diagnostics, provide a diagnosis or a prognosis, and develop treatment plans with a collaborating veterinarian.

(ii) The collaborating veterinarian shall complete the veterinarian-client-patient relationship by personally seeing the animal patient within fifteen (15) days;

(B) Perform the induction, maintenance, and monitoring of anesthesia for an animal patient except when in conflict with state or federal law;

(C) Perform minor dental and surgical procedures on animal patients, excluding abdominal, thoracic, or orthopedic surgery and neurosurgery;

(D) Administer a drug or controlled substance to prevent suffering of animal patients, including without limitation euthanasia, under direct communication with a collaborating veterinarian;

(E) Initiate and perform cardiopulmonary resuscitation on animal patients, including administration of medication and defibrillation, and provide immediate post-resuscitation care according to established protocols except when in conflict with state or federal law; and

(F) Dispense and administer medicines or therapeutic devices for animal patients except when in conflict with state or federal law.

(c) The veterinary technician specialist shall keep accurate records in accordance with the rules of the commission, including without limitation the medical history, physical examination, other evaluations and consultations, treatment plan objective, informed consent noted in the animal patient's record, treatment, prescriptions, and medications given, agreements regarding the animal patient, and periodic reviews.

Amended by Act 2023, No. 452,§ 2, eff. 8/1/2023.

Added by Act 2023, No. 161,§ 4, eff. 8/1/2023.
Ark. Code Ann. § 17-80-103 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-103
Immunity of board members and individuals acting on behalf of boards including expert witnesses
Status: in_force

A member of a board or any individual acting on behalf of the board of any profession or occupation classified under the laws of the State of Arkansas as a profession of the healing arts, including an expert witness testifying or offering opinions, or both, regarding an administrative proceeding before a board of a profession or occupation classified as a profession of the healing arts, is not liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of the board if the board member or the individual acting on behalf of the board, including an expert witness testifying or offering opinions, or both, regarding an administrative proceeding before a board of a profession or occupation classified as a profession of the healing arts, acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which the action is taken or the recommendation is made. Amended by Act 2019, No. 687,§ 1, eff. 4/4/2019. Acts 1977, No. 275, § 1; A.S.A. 1947, § 72-143; Acts 1995, No. 1124, § 1.

A member of a board or any individual acting on behalf of the board of any profession or occupation classified under the laws of the State of Arkansas as a profession of the healing arts, including an expert witness testifying or offering opinions, or both, regarding an administrative proceeding before a board of a profession or occupation classified as a profession of the healing arts, is not liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of the board if the board member or the individual acting on behalf of the board, including an expert witness testifying or offering opinions, or both, regarding an administrative proceeding before a board of a profession or occupation classified as a profession of the healing arts, acts without malice and in the reasonable belief that the action or recommendation is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which the action is taken or the recommendation is made.

Amended by Act 2019, No. 687,§ 1, eff. 4/4/2019.

Acts 1977, No. 275, § 1; A.S.A. 1947, § 72-143; Acts 1995, No. 1124, § 1.
Ark. Code Ann. § 17-35-305 — AR Code / Title 17 / Chapter 35 / Subchapter 3 / Section 17-35-305
Grounds for revocation
Status: in_force

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may deny, suspend, or revoke the registration of a registered interior designer upon proof that: (1) The holder of the registration is practicing in violation of § 17-15-201 et seq., this chapter, or the proper rules of the board; (2) The registration has been obtained by fraud or misrepresentation or the person named therein has obtained it by fraud or misrepresentation; (3) Money other than the regular fees provided for has been paid for the registration; (4) The holder of the registration is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name; (5) The holder of the registration has been guilty of a felony listed under § 17-3-102 ; (6) The holder of the registration has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of interior design; (7) The holder of the registration affixed, or permitted to be affixed, his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by the holder or under his or her responsible supervisory control; (8) The holder of the registration has been adjudged mentally incapable by a court of competent jurisdiction; (9) The holder of the registration has committed gross unprofessional conduct; or (10) The holder of the registration has: (A) Had a professional license or registration suspended or revoked; (B) Had imposed other disciplinary action by a regulatory body of another state for any cause other than failure to pay applicable fees; or (C) Surrendered or did not renew a professional license or registration after the initiation of any investigation or proceeding by such a body. Amended by Act 2019, No. 990,§ 41, eff. 7/24/2019. Acts 2009, No. 1367, § 15.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may deny, suspend, or revoke the registration of a registered interior designer upon proof that:

(1) The holder of the registration is practicing in violation of § 17-15-201 et seq., this chapter, or the proper rules of the board;

(2) The registration has been obtained by fraud or misrepresentation or the person named therein has obtained it by fraud or misrepresentation;

(3) Money other than the regular fees provided for has been paid for the registration;

(4) The holder of the registration is falsely impersonating a practitioner or former practitioner of a like or different name or is practicing under an assumed or fictitious name;

(5) The holder of the registration has been guilty of a felony listed under § 17-3-102 ;

(6) The holder of the registration has been guilty of fraud or deceit or of gross negligence or misconduct in the practice of interior design;

(7) The holder of the registration affixed, or permitted to be affixed, his or her seal or name to any plans, specifications, drawings, or related documents that were not prepared by the holder or under his or her responsible supervisory control;

(8) The holder of the registration has been adjudged mentally incapable by a court of competent jurisdiction;

(9) The holder of the registration has committed gross unprofessional conduct; or

(10) The holder of the registration has: (A) Had a professional license or registration suspended or revoked; (B) Had imposed other disciplinary action by a regulatory body of another state for any cause other than failure to pay applicable fees; or (C) Surrendered or did not renew a professional license or registration after the initiation of any investigation or proceeding by such a body.

(A) Had a professional license or registration suspended or revoked;

(B) Had imposed other disciplinary action by a regulatory body of another state for any cause other than failure to pay applicable fees; or

(C) Surrendered or did not renew a professional license or registration after the initiation of any investigation or proceeding by such a body.

Amended by Act 2019, No. 990,§ 41, eff. 7/24/2019.

Acts 2009, No. 1367, § 15.
Ark. Code Ann. § 17-92-502 — AR Code / Title 17 / Chapter 92 / Subchapter 5 / Section 17-92-502
Rules
Status: in_force

The Arkansas State Board of Pharmacy may adopt such reasonable rules, not inconsistent with law, as it shall deem necessary to carry out the purposes and intentions of this subchapter. Amended by Act 2019, No. 315,§ 1594, eff. 7/24/2019. Acts 1975, No. 436, § 7; 1983, No. 511, § 11; A.S.A. 1947, § 72-1053.

The Arkansas State Board of Pharmacy may adopt such reasonable rules, not inconsistent with law, as it shall deem necessary to carry out the purposes and intentions of this subchapter.

Amended by Act 2019, No. 315,§ 1594, eff. 7/24/2019.

Acts 1975, No. 436, § 7; 1983, No. 511, § 11; A.S.A. 1947, § 72-1053.
Ark. Code Ann. § 17-100-402 — AR Code / Title 17 / Chapter 100 / Subchapter 4 / Section 17-100-402
Administration of compact - Rules
Status: in_force

(a) The Board of Examiners in Speech-Language Pathology and Audiology is the Audiology and Speech-Language Pathology Interstate Compact administrator for this state. (b) The board may adopt rules that are consistent with the Audiology and Speech-Language Pathology Interstate Compact necessary to implement this subchapter. (c) The board is not required to adopt the rules of the Audiology and Speech-Language Pathology Interstate Compact Commission for those rules to be effective in this state. (d) For the purposes of the member state's ability to reject a rule under Section 10(B) of the Audiology and Speech-Language Pathology Interstate Compact, Arkansas delegates its authority in this provision to the General Assembly or the Legislative Council. Added by Act 2023, No. 301,§ 1, eff. 8/1/2023.

(a) The Board of Examiners in Speech-Language Pathology and Audiology is the Audiology and Speech-Language Pathology Interstate Compact administrator for this state.

(b) The board may adopt rules that are consistent with the Audiology and Speech-Language Pathology Interstate Compact necessary to implement this subchapter.

(c) The board is not required to adopt the rules of the Audiology and Speech-Language Pathology Interstate Compact Commission for those rules to be effective in this state.

(d) For the purposes of the member state's ability to reject a rule under Section 10(B) of the Audiology and Speech-Language Pathology Interstate Compact, Arkansas delegates its authority in this provision to the General Assembly or the Legislative Council.

Added by Act 2023, No. 301,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 17-92-108 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-108
Fees
Status: in_force

(a) The fees charged by the Arkansas State Board of Pharmacy for the various examinations, permits, licenses, certificates, credentials, and books issued by the board shall be as follows: (1) The fee for examination for a license as a licensed pharmacist upon examination shall not exceed twenty-five dollars ($25.00) plus the actual cost of the examination; (2) The fee for a license as a licensed pharmacist from another state by reciprocity and without examination shall not exceed two hundred dollars ($200); (3) (A) The fee for the initial license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00). (B) The fee for the renewal of a license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00) per year; (4) (A) (i) The fee for issuance of a pharmacy permit for the first time to operate an in-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an in-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an in-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (B) (i) The fee for issuance of a permit for the first time to operate a specialty pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate a specialty pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in a specialty pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of a permit for the first time to operate an out-of-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an out-of-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an out-of-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (5) The fee for a certificate as a licensed pharmacist shall not exceed ten dollars ($10.00); (6) The fee for certifying grades in connection with an application for reciprocity licensure without an examination shall not exceed ten dollars ($10.00); (7) (A) The fee for issuance of a hospital pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of a hospital pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a hospital pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of an ambulatory care center pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of an ambulatory care center pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (ii) When there is a change in ownership of an ambulatory care center pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (8) (A) The fee for issuance of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the annual renewal of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00); (9) [Repealed.] (10) (A) The fee for intern registration shall not exceed forty-five dollars ($45.00). (B) The fee for preceptor registration shall not exceed twenty dollars ($20.00) every two (2) years; (11) The fee for a change of pharmacist in charge of a pharmacy or other facility as described at § 17-92-403 shall not exceed thirty-five dollars ($35.00); (12) The fee for reinstatement of a pharmacist licensure shall not exceed seventy-five dollars ($75.00) for each delinquent year up to a maximum of three hundred dollars ($300); (13) The fee for the Arkansas State Board of Pharmacy law book shall not exceed twenty-five dollars ($25.00) except to interns on initial licensure and applicants for reciprocity on a one-time basis. A copy of each edition as revised shall be provided free to each pharmacy permit holder; (14) The fee for a change of location inspection shall not exceed one hundred dollars ($100); (15) The penalty for late payment of renewal of any permit, license, registration, or certificate shall not exceed twenty dollars ($20.00) per month beginning the first day of the second month after expiration, provided that if the renewal is not paid by the first day of the fourth month after expiration, the license shall be void; (16) (A) The fee for issuance of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances permit shall not exceed three hundred dollars ($300), and the renewal fee shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (17) (A) The fee for the original issuance of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the renewal of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00) per year. (C) The board may waive the fees under subdivisions (a)(17)(A) and (B) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; (18) (A) The reinstatement fee for a pharmacy technician's permit shall not exceed forty dollars ($40.00). (B) The board may waive the fee under subdivision (a)(18)(A) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; and (19) (A) The application fee for a license to sell, rent, offer to sell, or rent directly to patients in this state any home medical equipment, legend drugs, or medical gases shall not exceed two hundred fifty dollars ($250). (B) The license renewal fee shall not exceed one hundred twenty-five dollars ($125). (C) The change-of-ownership fee shall not exceed one hundred twenty-five dollars ($125). (b) All fees for examination for a license shall be payable with the application and shall not be subject to refund. (c) Should any license, certificate, or registration not be renewed within ninety (90) days after expiration thereof, it may be reinstated by the board as authorized in this section upon payment of the renewal fee and reinstatement fee. However, the following are not subject to reinstatement if not renewed within ninety (90) days after expiration: (1) Pharmacy permits; (2) Out-of-state pharmacy permits; (3) Speciality pharmacy permits; (4) Hospital permits; (5) Ambulatory care center pharmacy permits; (6) Wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend drugs or controlled substance permits, or both; and (7) Suppliers of medical equipment, legend devices, and medical gas licenses. (d) (1) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall be renewed every two (2) years beginning with renewals for 2002-2003. (2) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivision (d)(1) of this section other than internship licenses and preceptor permits shall be renewed every two (2) years. (3) The fee for any biennial renewal term will be the amount of two (2) annual renewal fees for the applicable license, permit, registration, or certification as provided in subsection (a) of this section. (4) If the initial licensure, permit, certificate, or registration occurs in the first year of a biennial renewal term, the applicant shall pay the appropriate initial fee and the applicable annual fee for the license, permit, certificate, or registration for the second year in the renewal term as provided in subsection (a) of this section. (5) If the initial licensure, permit, certificate, or registration occurs in the second year of a biennial renewal term, the applicant will pay only the original fee and will not be responsible for the renewal fee until the biennial renewal period for the license, permit, certificate, or registration. Amended by Act 2021, No. 63,§ 2, eff. 7/28/2021. Amended by Act 2015, No. 542,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 542,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 542,§ 2, eff. 7/22/2015. Acts 1965, No. 480, §§ 1, 2; 1975, No. 597, § 1; 1979, No. 751, § 1; 1983, No. 511, § 10; 1985, No. 616, § 3; A.S.A. 1947, §§ 72-1042, 72-1043; Acts 1991, No. 740, § 3; 1997, No. 1029, § 1; 1999, No. 105, § 6; 2001, No. 910, § 2; 2005, No. 388, § 1; 2007, No. 435, § 1; 2009, No. 355, § 2; 2011, No. 597, § 1.

(a) The fees charged by the Arkansas State Board of Pharmacy for the various examinations, permits, licenses, certificates, credentials, and books issued by the board shall be as follows: (1) The fee for examination for a license as a licensed pharmacist upon examination shall not exceed twenty-five dollars ($25.00) plus the actual cost of the examination; (2) The fee for a license as a licensed pharmacist from another state by reciprocity and without examination shall not exceed two hundred dollars ($200); (3) (A) The fee for the initial license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00). (B) The fee for the renewal of a license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00) per year; (4) (A) (i) The fee for issuance of a pharmacy permit for the first time to operate an in-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an in-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an in-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (B) (i) The fee for issuance of a permit for the first time to operate a specialty pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate a specialty pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in a specialty pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of a permit for the first time to operate an out-of-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an out-of-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an out-of-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (5) The fee for a certificate as a licensed pharmacist shall not exceed ten dollars ($10.00); (6) The fee for certifying grades in connection with an application for reciprocity licensure without an examination shall not exceed ten dollars ($10.00); (7) (A) The fee for issuance of a hospital pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of a hospital pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a hospital pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of an ambulatory care center pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of an ambulatory care center pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (ii) When there is a change in ownership of an ambulatory care center pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (8) (A) The fee for issuance of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the annual renewal of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00); (9) [Repealed.] (10) (A) The fee for intern registration shall not exceed forty-five dollars ($45.00). (B) The fee for preceptor registration shall not exceed twenty dollars ($20.00) every two (2) years; (11) The fee for a change of pharmacist in charge of a pharmacy or other facility as described at § 17-92-403 shall not exceed thirty-five dollars ($35.00); (12) The fee for reinstatement of a pharmacist licensure shall not exceed seventy-five dollars ($75.00) for each delinquent year up to a maximum of three hundred dollars ($300); (13) The fee for the Arkansas State Board of Pharmacy law book shall not exceed twenty-five dollars ($25.00) except to interns on initial licensure and applicants for reciprocity on a one-time basis. A copy of each edition as revised shall be provided free to each pharmacy permit holder; (14) The fee for a change of location inspection shall not exceed one hundred dollars ($100); (15) The penalty for late payment of renewal of any permit, license, registration, or certificate shall not exceed twenty dollars ($20.00) per month beginning the first day of the second month after expiration, provided that if the renewal is not paid by the first day of the fourth month after expiration, the license shall be void; (16) (A) The fee for issuance of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances permit shall not exceed three hundred dollars ($300), and the renewal fee shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150); (17) (A) The fee for the original issuance of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the renewal of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00) per year. (C) The board may waive the fees under subdivisions (a)(17)(A) and (B) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; (18) (A) The reinstatement fee for a pharmacy technician's permit shall not exceed forty dollars ($40.00). (B) The board may waive the fee under subdivision (a)(18)(A) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; and (19) (A) The application fee for a license to sell, rent, offer to sell, or rent directly to patients in this state any home medical equipment, legend drugs, or medical gases shall not exceed two hundred fifty dollars ($250). (B) The license renewal fee shall not exceed one hundred twenty-five dollars ($125). (C) The change-of-ownership fee shall not exceed one hundred twenty-five dollars ($125).

(1) The fee for examination for a license as a licensed pharmacist upon examination shall not exceed twenty-five dollars ($25.00) plus the actual cost of the examination;

(2) The fee for a license as a licensed pharmacist from another state by reciprocity and without examination shall not exceed two hundred dollars ($200);

(3) (A) The fee for the initial license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00). (B) The fee for the renewal of a license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00) per year;

(A) The fee for the initial license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00).

(B) The fee for the renewal of a license as a licensed pharmacist shall not exceed seventy-five dollars ($75.00) per year;

(4) (A) (i) The fee for issuance of a pharmacy permit for the first time to operate an in-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an in-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an in-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (B) (i) The fee for issuance of a permit for the first time to operate a specialty pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate a specialty pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in a specialty pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of a permit for the first time to operate an out-of-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an out-of-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an out-of-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(A) (i) The fee for issuance of a pharmacy permit for the first time to operate an in-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an in-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an in-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150).

(i) The fee for issuance of a pharmacy permit for the first time to operate an in-state pharmacy shall not exceed three hundred dollars ($300).

(ii) The fee for renewal of a permit to operate an in-state pharmacy shall not exceed one hundred fifty dollars ($150) per year.

(iii) When there is a change in ownership in an in-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150).

(B) (i) The fee for issuance of a permit for the first time to operate a specialty pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate a specialty pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in a specialty pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150).

(i) The fee for issuance of a permit for the first time to operate a specialty pharmacy shall not exceed three hundred dollars ($300).

(ii) The fee for renewal of a permit to operate a specialty pharmacy shall not exceed one hundred fifty dollars ($150) per year.

(iii) When there is a change in ownership in a specialty pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150).

(C) (i) The fee for issuance of a permit for the first time to operate an out-of-state pharmacy shall not exceed three hundred dollars ($300). (ii) The fee for renewal of a permit to operate an out-of-state pharmacy shall not exceed one hundred fifty dollars ($150) per year. (iii) When there is a change in ownership in an out-of-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(i) The fee for issuance of a permit for the first time to operate an out-of-state pharmacy shall not exceed three hundred dollars ($300).

(ii) The fee for renewal of a permit to operate an out-of-state pharmacy shall not exceed one hundred fifty dollars ($150) per year.

(iii) When there is a change in ownership in an out-of-state pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(5) The fee for a certificate as a licensed pharmacist shall not exceed ten dollars ($10.00);

(6) The fee for certifying grades in connection with an application for reciprocity licensure without an examination shall not exceed ten dollars ($10.00);

(7) (A) The fee for issuance of a hospital pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of a hospital pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a hospital pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150). (C) (i) The fee for issuance of an ambulatory care center pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of an ambulatory care center pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (ii) When there is a change in ownership of an ambulatory care center pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(A) The fee for issuance of a hospital pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of a hospital pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year.

(B) When there is a change in ownership of a hospital pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150).

(C) (i) The fee for issuance of an ambulatory care center pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of an ambulatory care center pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year. (ii) When there is a change in ownership of an ambulatory care center pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(i) The fee for issuance of an ambulatory care center pharmaceutical service permit shall not exceed three hundred dollars ($300), and the fee for the renewal of an ambulatory care center pharmaceutical service permit shall not exceed one hundred fifty dollars ($150) per year.

(ii) When there is a change in ownership of an ambulatory care center pharmacy, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(8) (A) The fee for issuance of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the annual renewal of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00);

(A) The fee for issuance of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00).

(B) The fee for the annual renewal of an institutional pharmaceutical services permit shall not exceed thirty-five dollars ($35.00);

(9) [Repealed.]

(10) (A) The fee for intern registration shall not exceed forty-five dollars ($45.00). (B) The fee for preceptor registration shall not exceed twenty dollars ($20.00) every two (2) years;

(A) The fee for intern registration shall not exceed forty-five dollars ($45.00).

(B) The fee for preceptor registration shall not exceed twenty dollars ($20.00) every two (2) years;

(11) The fee for a change of pharmacist in charge of a pharmacy or other facility as described at § 17-92-403 shall not exceed thirty-five dollars ($35.00);

(12) The fee for reinstatement of a pharmacist licensure shall not exceed seventy-five dollars ($75.00) for each delinquent year up to a maximum of three hundred dollars ($300);

(13) The fee for the Arkansas State Board of Pharmacy law book shall not exceed twenty-five dollars ($25.00) except to interns on initial licensure and applicants for reciprocity on a one-time basis. A copy of each edition as revised shall be provided free to each pharmacy permit holder;

(14) The fee for a change of location inspection shall not exceed one hundred dollars ($100);

(15) The penalty for late payment of renewal of any permit, license, registration, or certificate shall not exceed twenty dollars ($20.00) per month beginning the first day of the second month after expiration, provided that if the renewal is not paid by the first day of the fourth month after expiration, the license shall be void;

(16) (A) The fee for issuance of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances permit shall not exceed three hundred dollars ($300), and the renewal fee shall not exceed one hundred fifty dollars ($150) per year. (B) When there is a change in ownership of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(A) The fee for issuance of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances permit shall not exceed three hundred dollars ($300), and the renewal fee shall not exceed one hundred fifty dollars ($150) per year.

(B) When there is a change in ownership of a wholesale distributor, third-party logistics provider, manufacturer, or outsourcing facility of legend drugs and controlled substances, a new permit must be obtained, and the fee shall not exceed one hundred fifty dollars ($150);

(17) (A) The fee for the original issuance of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00). (B) The fee for the renewal of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00) per year. (C) The board may waive the fees under subdivisions (a)(17)(A) and (B) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic;

(A) The fee for the original issuance of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00).

(B) The fee for the renewal of a pharmacy technician's permit shall not exceed thirty-five dollars ($35.00) per year.

(C) The board may waive the fees under subdivisions (a)(17)(A) and (B) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic;

(18) (A) The reinstatement fee for a pharmacy technician's permit shall not exceed forty dollars ($40.00). (B) The board may waive the fee under subdivision (a)(18)(A) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; and

(A) The reinstatement fee for a pharmacy technician's permit shall not exceed forty dollars ($40.00).

(B) The board may waive the fee under subdivision (a)(18)(A) of this section if the pharmacy technician performs pharmacy technician duties as a volunteer in a charitable clinic; and

(19) (A) The application fee for a license to sell, rent, offer to sell, or rent directly to patients in this state any home medical equipment, legend drugs, or medical gases shall not exceed two hundred fifty dollars ($250). (B) The license renewal fee shall not exceed one hundred twenty-five dollars ($125). (C) The change-of-ownership fee shall not exceed one hundred twenty-five dollars ($125).

(A) The application fee for a license to sell, rent, offer to sell, or rent directly to patients in this state any home medical equipment, legend drugs, or medical gases shall not exceed two hundred fifty dollars ($250).

(B) The license renewal fee shall not exceed one hundred twenty-five dollars ($125).

(C) The change-of-ownership fee shall not exceed one hundred twenty-five dollars ($125).

(b) All fees for examination for a license shall be payable with the application and shall not be subject to refund.

(c) Should any license, certificate, or registration not be renewed within ninety (90) days after expiration thereof, it may be reinstated by the board as authorized in this section upon payment of the renewal fee and reinstatement fee. However, the following are not subject to reinstatement if not renewed within ninety (90) days after expiration: (1) Pharmacy permits; (2) Out-of-state pharmacy permits; (3) Speciality pharmacy permits; (4) Hospital permits; (5) Ambulatory care center pharmacy permits; (6) Wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend drugs or controlled substance permits, or both; and (7) Suppliers of medical equipment, legend devices, and medical gas licenses.

(1) Pharmacy permits;

(2) Out-of-state pharmacy permits;

(3) Speciality pharmacy permits;

(4) Hospital permits;

(5) Ambulatory care center pharmacy permits;

(6) Wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend drugs or controlled substance permits, or both; and

(7) Suppliers of medical equipment, legend devices, and medical gas licenses.

(d) (1) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall be renewed every two (2) years beginning with renewals for 2002-2003. (2) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivision (d)(1) of this section other than internship licenses and preceptor permits shall be renewed every two (2) years. (3) The fee for any biennial renewal term will be the amount of two (2) annual renewal fees for the applicable license, permit, registration, or certification as provided in subsection (a) of this section. (4) If the initial licensure, permit, certificate, or registration occurs in the first year of a biennial renewal term, the applicant shall pay the appropriate initial fee and the applicable annual fee for the license, permit, certificate, or registration for the second year in the renewal term as provided in subsection (a) of this section. (5) If the initial licensure, permit, certificate, or registration occurs in the second year of a biennial renewal term, the applicant will pay only the original fee and will not be responsible for the renewal fee until the biennial renewal period for the license, permit, certificate, or registration.

(1) All retail pharmacy permits, out-of-state pharmacy permits, specialty pharmacy permits, and pharmacist licenses shall be renewed every two (2) years beginning with renewals for 2002-2003.

(2) All pharmacy technician permits, hospital pharmacy permits, ambulatory care center pharmaceutical services permits, wholesale distributors, third-party logistics providers, manufacturers, or outsourcing facilities of legend or controlled substance permits, wholesale distributors of medical equipment, legend devices, and medical gases permits, institutional pharmaceutical services permits, and any other permit, license, registration, or certificate issued by the board and not covered in subdivision (d)(1) of this section other than internship licenses and preceptor permits shall be renewed every two (2) years.

(3) The fee for any biennial renewal term will be the amount of two (2) annual renewal fees for the applicable license, permit, registration, or certification as provided in subsection (a) of this section.

(4) If the initial licensure, permit, certificate, or registration occurs in the first year of a biennial renewal term, the applicant shall pay the appropriate initial fee and the applicable annual fee for the license, permit, certificate, or registration for the second year in the renewal term as provided in subsection (a) of this section.

(5) If the initial licensure, permit, certificate, or registration occurs in the second year of a biennial renewal term, the applicant will pay only the original fee and will not be responsible for the renewal fee until the biennial renewal period for the license, permit, certificate, or registration.

Amended by Act 2021, No. 63,§ 2, eff. 7/28/2021.

Amended by Act 2015, No. 542,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 542,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 542,§ 2, eff. 7/22/2015.

Acts 1965, No. 480, §§ 1, 2; 1975, No. 597, § 1; 1979, No. 751, § 1; 1983, No. 511, § 10; 1985, No. 616, § 3; A.S.A. 1947, §§ 72-1042, 72-1043; Acts 1991, No. 740, § 3; 1997, No. 1029, § 1; 1999, No. 105, § 6; 2001, No. 910, § 2; 2005, No. 388, § 1; 2007, No. 435, § 1; 2009, No. 355, § 2; 2011, No. 597, § 1.
Ark. Code Ann. § 17-31-101 — AR Code / Title 17 / Chapter 31 / Subchapter 1 / Section 17-31-101
Title and purpose
Status: in_force

(a) This chapter may be referred to and cited as the "Registration of Foresters Act". (b) The purpose of this chapter is to ensure that no person shall use in connection with the person's name, or otherwise assume, use, or advertise any title or description that the person is a forester, unless the person is registered as herein provided. Amended by Act 2023, No. 691,§ 73, eff. 7/1/2023. Acts 1969, No. 535, § 1; A.S.A. 1947, § 71-2401; Acts 1999, No. 993, § 1.

(a) This chapter may be referred to and cited as the "Registration of Foresters Act".

(b) The purpose of this chapter is to ensure that no person shall use in connection with the person's name, or otherwise assume, use, or advertise any title or description that the person is a forester, unless the person is registered as herein provided.

Amended by Act 2023, No. 691,§ 73, eff. 7/1/2023.

Acts 1969, No. 535, § 1; A.S.A. 1947, § 71-2401; Acts 1999, No. 993, § 1.
Ark. Code Ann. § 17-102-103 — AR Code / Title 17 / Chapter 102 / Subchapter 1 / Section 17-102-103
Disposition of funds
Status: in_force

(a) (1) All fees authorized by this chapter are the property of the Arkansas State Board of Acupuncture and Related Techniques and shall be provided to the Treasurer of the Arkansas State Board of Acupuncture and Related Techniques to be disposed of as provided in this chapter. (2) Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out. (b) All funds received by the board shall be deposited into a financial institution designated by the board and expended in the furtherance of the purposes of this chapter and the board's duties thereunder, which include, but are not limited to: (1) The publication and distribution of the Arkansas Acupuncture Practices Act, § 17-102-101 et seq.; (2) The publication and yearly distribution of a directory of all licensed acupuncturists; (3) Investigations of violations of this chapter; (4) Institution of actions to compel compliance with the provisions of this chapter; and (5) Defense of actions brought against it as a result of its actions under the provisions of this chapter. Acts 1997, No. 816, § 13.

(a) (1) All fees authorized by this chapter are the property of the Arkansas State Board of Acupuncture and Related Techniques and shall be provided to the Treasurer of the Arkansas State Board of Acupuncture and Related Techniques to be disposed of as provided in this chapter. (2) Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out.

(1) All fees authorized by this chapter are the property of the Arkansas State Board of Acupuncture and Related Techniques and shall be provided to the Treasurer of the Arkansas State Board of Acupuncture and Related Techniques to be disposed of as provided in this chapter.

(2) Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out.

(b) All funds received by the board shall be deposited into a financial institution designated by the board and expended in the furtherance of the purposes of this chapter and the board's duties thereunder, which include, but are not limited to: (1) The publication and distribution of the Arkansas Acupuncture Practices Act, § 17-102-101 et seq.; (2) The publication and yearly distribution of a directory of all licensed acupuncturists; (3) Investigations of violations of this chapter; (4) Institution of actions to compel compliance with the provisions of this chapter; and (5) Defense of actions brought against it as a result of its actions under the provisions of this chapter.

(1) The publication and distribution of the Arkansas Acupuncture Practices Act, § 17-102-101 et seq.;

(2) The publication and yearly distribution of a directory of all licensed acupuncturists;

(3) Investigations of violations of this chapter;

(4) Institution of actions to compel compliance with the provisions of this chapter; and

(5) Defense of actions brought against it as a result of its actions under the provisions of this chapter.

Acts 1997, No. 816, § 13.
Ark. Code Ann. § 17-106-104 — AR Code / Title 17 / Chapter 106 / Subchapter 1 / Section 17-106-104
Medical Ionizing Radiation Licensure Committee
Status: in_force

(a) (1) The Medical Ionizing Radiation Licensure Committee shall be an advisory committee to the State Board of Health and shall consist of ten (10) members, as follows: (A) Nine (9) members to be appointed by the Governor; and (B) One (1) member shall be the Secretary of the Department of Health or his or her designee. (2) The nine (9) members appointed by the Governor shall be residents of the State of Arkansas and shall have been employed in their fields for five (5) years preceding their appointment. (3) Among the committee members shall be two (2) radiologic technologists, one (1) nuclear medicine technologist, one (1) radiation therapist, two (2) radiation practitioners, one (1) licensed practitioner, one (1) radiation health/medical physicist, and one (1) consumer. The radiologic technologists appointed to the committee must be eligible for licensure under this chapter. (b) The members shall be appointed for three-year staggered terms to be assigned by lot. Committee members shall serve until replaced. The terms shall commence on July 15 of each year. Committee members are limited to serving two (2) consecutive terms. In the event of a vacancy on the committee for any reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor. (c) Members of the committee shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902 , to be paid by the Department of Health. (d) The consumer member appointed to the committee shall have no association or relationship with a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist which would prevent or in any way hinder the consumer in representing the interest of the public. (e) Within ninety (90) days of appointment, the committee shall hold a meeting and elect from its membership a chair for a term set by the committee. The secretary of the committee shall be the Secretary of the Department of Health or his or her designee. (f) The committee shall meet at least quarterly. (g) Special meetings of the committee may be called at any time at the pleasure of the board or pursuant to the bylaws of the committee. (h) A majority of the members of the committee shall constitute a quorum. No action may be taken by the board except by affirmative vote of the majority of those present. Amended by Act 2019, No. 910,§ 4912, eff. 7/1/2019. Acts 1999, No. 1071, § 4.

(a) (1) The Medical Ionizing Radiation Licensure Committee shall be an advisory committee to the State Board of Health and shall consist of ten (10) members, as follows: (A) Nine (9) members to be appointed by the Governor; and (B) One (1) member shall be the Secretary of the Department of Health or his or her designee. (2) The nine (9) members appointed by the Governor shall be residents of the State of Arkansas and shall have been employed in their fields for five (5) years preceding their appointment. (3) Among the committee members shall be two (2) radiologic technologists, one (1) nuclear medicine technologist, one (1) radiation therapist, two (2) radiation practitioners, one (1) licensed practitioner, one (1) radiation health/medical physicist, and one (1) consumer. The radiologic technologists appointed to the committee must be eligible for licensure under this chapter.

(1) The Medical Ionizing Radiation Licensure Committee shall be an advisory committee to the State Board of Health and shall consist of ten (10) members, as follows: (A) Nine (9) members to be appointed by the Governor; and (B) One (1) member shall be the Secretary of the Department of Health or his or her designee.

(A) Nine (9) members to be appointed by the Governor; and

(B) One (1) member shall be the Secretary of the Department of Health or his or her designee.

(2) The nine (9) members appointed by the Governor shall be residents of the State of Arkansas and shall have been employed in their fields for five (5) years preceding their appointment.

(3) Among the committee members shall be two (2) radiologic technologists, one (1) nuclear medicine technologist, one (1) radiation therapist, two (2) radiation practitioners, one (1) licensed practitioner, one (1) radiation health/medical physicist, and one (1) consumer. The radiologic technologists appointed to the committee must be eligible for licensure under this chapter.

(b) The members shall be appointed for three-year staggered terms to be assigned by lot. Committee members shall serve until replaced. The terms shall commence on July 15 of each year. Committee members are limited to serving two (2) consecutive terms. In the event of a vacancy on the committee for any reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor.

(c) Members of the committee shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with § 25-16-902 , to be paid by the Department of Health.

(d) The consumer member appointed to the committee shall have no association or relationship with a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist which would prevent or in any way hinder the consumer in representing the interest of the public.

(e) Within ninety (90) days of appointment, the committee shall hold a meeting and elect from its membership a chair for a term set by the committee. The secretary of the committee shall be the Secretary of the Department of Health or his or her designee.

(f) The committee shall meet at least quarterly.

(g) Special meetings of the committee may be called at any time at the pleasure of the board or pursuant to the bylaws of the committee.

(h) A majority of the members of the committee shall constitute a quorum. No action may be taken by the board except by affirmative vote of the majority of those present.

Amended by Act 2019, No. 910,§ 4912, eff. 7/1/2019.

Acts 1999, No. 1071, § 4.
Ark. Code Ann. § 17-93-313 — AR Code / Title 17 / Chapter 93 / Subchapter 3 / Section 17-93-313
Notice of malpractice claim or suit
Status: in_force

(a) Every physical therapist and physical therapist assistant, within ten (10) days after receipt of notification of a claim or a filing of a lawsuit against him or her for malpractice, shall notify the Arkansas State Board of Physical Therapy of the claim or lawsuit. (b) The board shall prepare and adopt rules as are necessary and proper to assure compliance with this section. Amended by Act 2019, No. 315,§ 1607, eff. 7/24/2019. Acts 1997, No. 744, § 2.

(a) Every physical therapist and physical therapist assistant, within ten (10) days after receipt of notification of a claim or a filing of a lawsuit against him or her for malpractice, shall notify the Arkansas State Board of Physical Therapy of the claim or lawsuit.

(b) The board shall prepare and adopt rules as are necessary and proper to assure compliance with this section.

Amended by Act 2019, No. 315,§ 1607, eff. 7/24/2019.

Acts 1997, No. 744, § 2.
Ark. Code Ann. § 17-22-208 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-208
Combative sports elimination contests
Status: in_force

(a) Except as provided under § 17-22-204 , this chapter applies to combative sports elimination contests in which: (1) The contestants compete for prizes only in combative sports elimination contests and are not: (A) Professional boxers licensed through the Professional Boxing Safety Act of 1996, 15 U.S.C. § 6301 et seq., competing in four (4) or more rounds of non-elimination boxing; or (B) Professional mixed martial arts or any other professional form of combative sports discipline combatants; (2) Each bout is scheduled to consist of three (3) or fewer one-minute rounds with combative sports elimination contests conducted on no more than two (2) consecutive calendar days; (3) Contestants are prohibited from competing for more than twelve (12) minutes on each combative sports elimination contest day and are prohibited from being scheduled for more than twelve (12) minutes over the two-day period; (4) The contestants participating in the combative sports elimination contest are to be insured by the promoter for not less than ten thousand dollars ($10,000) for medical and hospital expenses to be paid to the contestants to cover injuries sustained in the combative sports elimination contest and for not less than ten thousand dollars ($10,000) to be paid in accordance with the statutes of descent and distribution of personal property if a contestant dies as a result of injuries sustained in the combative sports elimination contest; (5) A licensed physician is in attendance at ringside, and the physician has authority to stop the combative sports elimination contest for medical reasons; (6) All contestants pass a physical examination using the State Athletic Commission's form given by a licensed physician before the combative sports elimination contest; (7) A preliminary breath test is administered to each contestant that indicates a blood alcohol content of two-tenths of one percent (0.2%) or less; and (8) The promoter conducts the combative sports elimination contest in compliance with the following: (A) A contestant who has lost by a technical knockout is not permitted to compete again for a period of thirty (30) calendar days or until the contestant has submitted to the promoter the results of a physical examination equivalent to that required of professional boxers or professional mixed martial arts combatants; (B) (i) The ringside physician examines a contestant who has been knocked out in a combative sports elimination contest or whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage. (ii) The ringside physician may recommend post-fight neurological examinations, which may include computerized axial tomography scans or magnetic resonance imaging, to be performed on the contestant immediately after the contestant leaves the location of the combative sports elimination contest. (iii) The promoter shall not permit the contestant to compete until a physician has certified that the contestant is fit to compete. (iv) If the physician recommends further neurological examinations, the promoter shall not permit the contestant to compete until the promoter receives copies of examination reports demonstrating that the contestant is fit to compete; (C) (i) The promoter shall require that a contestant who has sustained a severe injury or knockout in a combative sports elimination contest be examined by a physician. (ii) The promoter shall not permit the contestant to compete until the physician has certified that the contestant has fully recovered; (D) The promoter shall not permit a contestant to compete in a combative sports elimination contest for a period of not less than sixty (60) days if the contestant has been knocked out or has received excessive hard blows to the head that required the fight to be stopped; (E) A contestant who has been knocked out twice in a period of three (3) months or who has had excessive head blows causing a fight to be stopped shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of not less than one hundred twenty (120) days after the second knockout or stoppage; (F) A contestant who has been knocked out or had excessive hard blows to the head causing a fight to be stopped three (3) times consecutively in a period of twelve (12) months shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of one (1) year after the third knockout; and (G) Before resuming competition after any of the periods of rest prescribed in subdivisions (a)(8)(D)-(F) of this section, a promoter shall require the contestant to produce a certification by a physician stating that the contestant is fit to take part in a combative sports elimination contest. (b) As part of the physical examination given before the combative sports elimination contest, the licensed physician or other trained person shall administer a preliminary breath test in compliance with standards imposed in rules promulgated by the Department of Arkansas State Police regarding equipment calibration and methods of administration. (c) (1) The promoter shall keep a log of preliminary breath test results of contestants on file at its place of business for at least three (3) years after the date of administration of the test. (2) These results shall be made available to law enforcement officials upon request. (d) A combative sports elimination contest held under subsection (a) of this section is not considered to be in violation of the law. (e) Any person violating the provisions of this section shall be guilty of a Class A misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000). Amended by Act 2017, No. 860,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1096,§ 6, eff. 8/16/2013. Acts 2001, No. 631, § 1; 2009, No. 781, § 6.

(a) Except as provided under § 17-22-204 , this chapter applies to combative sports elimination contests in which: (1) The contestants compete for prizes only in combative sports elimination contests and are not: (A) Professional boxers licensed through the Professional Boxing Safety Act of 1996, 15 U.S.C. § 6301 et seq., competing in four (4) or more rounds of non-elimination boxing; or (B) Professional mixed martial arts or any other professional form of combative sports discipline combatants; (2) Each bout is scheduled to consist of three (3) or fewer one-minute rounds with combative sports elimination contests conducted on no more than two (2) consecutive calendar days; (3) Contestants are prohibited from competing for more than twelve (12) minutes on each combative sports elimination contest day and are prohibited from being scheduled for more than twelve (12) minutes over the two-day period; (4) The contestants participating in the combative sports elimination contest are to be insured by the promoter for not less than ten thousand dollars ($10,000) for medical and hospital expenses to be paid to the contestants to cover injuries sustained in the combative sports elimination contest and for not less than ten thousand dollars ($10,000) to be paid in accordance with the statutes of descent and distribution of personal property if a contestant dies as a result of injuries sustained in the combative sports elimination contest; (5) A licensed physician is in attendance at ringside, and the physician has authority to stop the combative sports elimination contest for medical reasons; (6) All contestants pass a physical examination using the State Athletic Commission's form given by a licensed physician before the combative sports elimination contest; (7) A preliminary breath test is administered to each contestant that indicates a blood alcohol content of two-tenths of one percent (0.2%) or less; and (8) The promoter conducts the combative sports elimination contest in compliance with the following: (A) A contestant who has lost by a technical knockout is not permitted to compete again for a period of thirty (30) calendar days or until the contestant has submitted to the promoter the results of a physical examination equivalent to that required of professional boxers or professional mixed martial arts combatants; (B) (i) The ringside physician examines a contestant who has been knocked out in a combative sports elimination contest or whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage. (ii) The ringside physician may recommend post-fight neurological examinations, which may include computerized axial tomography scans or magnetic resonance imaging, to be performed on the contestant immediately after the contestant leaves the location of the combative sports elimination contest. (iii) The promoter shall not permit the contestant to compete until a physician has certified that the contestant is fit to compete. (iv) If the physician recommends further neurological examinations, the promoter shall not permit the contestant to compete until the promoter receives copies of examination reports demonstrating that the contestant is fit to compete; (C) (i) The promoter shall require that a contestant who has sustained a severe injury or knockout in a combative sports elimination contest be examined by a physician. (ii) The promoter shall not permit the contestant to compete until the physician has certified that the contestant has fully recovered; (D) The promoter shall not permit a contestant to compete in a combative sports elimination contest for a period of not less than sixty (60) days if the contestant has been knocked out or has received excessive hard blows to the head that required the fight to be stopped; (E) A contestant who has been knocked out twice in a period of three (3) months or who has had excessive head blows causing a fight to be stopped shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of not less than one hundred twenty (120) days after the second knockout or stoppage; (F) A contestant who has been knocked out or had excessive hard blows to the head causing a fight to be stopped three (3) times consecutively in a period of twelve (12) months shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of one (1) year after the third knockout; and (G) Before resuming competition after any of the periods of rest prescribed in subdivisions (a)(8)(D)-(F) of this section, a promoter shall require the contestant to produce a certification by a physician stating that the contestant is fit to take part in a combative sports elimination contest.

(1) The contestants compete for prizes only in combative sports elimination contests and are not: (A) Professional boxers licensed through the Professional Boxing Safety Act of 1996, 15 U.S.C. § 6301 et seq., competing in four (4) or more rounds of non-elimination boxing; or (B) Professional mixed martial arts or any other professional form of combative sports discipline combatants;

(A) Professional boxers licensed through the Professional Boxing Safety Act of 1996, 15 U.S.C. § 6301 et seq., competing in four (4) or more rounds of non-elimination boxing; or

(B) Professional mixed martial arts or any other professional form of combative sports discipline combatants;

(2) Each bout is scheduled to consist of three (3) or fewer one-minute rounds with combative sports elimination contests conducted on no more than two (2) consecutive calendar days;

(3) Contestants are prohibited from competing for more than twelve (12) minutes on each combative sports elimination contest day and are prohibited from being scheduled for more than twelve (12) minutes over the two-day period;

(4) The contestants participating in the combative sports elimination contest are to be insured by the promoter for not less than ten thousand dollars ($10,000) for medical and hospital expenses to be paid to the contestants to cover injuries sustained in the combative sports elimination contest and for not less than ten thousand dollars ($10,000) to be paid in accordance with the statutes of descent and distribution of personal property if a contestant dies as a result of injuries sustained in the combative sports elimination contest;

(5) A licensed physician is in attendance at ringside, and the physician has authority to stop the combative sports elimination contest for medical reasons;

(6) All contestants pass a physical examination using the State Athletic Commission's form given by a licensed physician before the combative sports elimination contest;

(7) A preliminary breath test is administered to each contestant that indicates a blood alcohol content of two-tenths of one percent (0.2%) or less; and

(8) The promoter conducts the combative sports elimination contest in compliance with the following: (A) A contestant who has lost by a technical knockout is not permitted to compete again for a period of thirty (30) calendar days or until the contestant has submitted to the promoter the results of a physical examination equivalent to that required of professional boxers or professional mixed martial arts combatants; (B) (i) The ringside physician examines a contestant who has been knocked out in a combative sports elimination contest or whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage. (ii) The ringside physician may recommend post-fight neurological examinations, which may include computerized axial tomography scans or magnetic resonance imaging, to be performed on the contestant immediately after the contestant leaves the location of the combative sports elimination contest. (iii) The promoter shall not permit the contestant to compete until a physician has certified that the contestant is fit to compete. (iv) If the physician recommends further neurological examinations, the promoter shall not permit the contestant to compete until the promoter receives copies of examination reports demonstrating that the contestant is fit to compete; (C) (i) The promoter shall require that a contestant who has sustained a severe injury or knockout in a combative sports elimination contest be examined by a physician. (ii) The promoter shall not permit the contestant to compete until the physician has certified that the contestant has fully recovered; (D) The promoter shall not permit a contestant to compete in a combative sports elimination contest for a period of not less than sixty (60) days if the contestant has been knocked out or has received excessive hard blows to the head that required the fight to be stopped; (E) A contestant who has been knocked out twice in a period of three (3) months or who has had excessive head blows causing a fight to be stopped shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of not less than one hundred twenty (120) days after the second knockout or stoppage; (F) A contestant who has been knocked out or had excessive hard blows to the head causing a fight to be stopped three (3) times consecutively in a period of twelve (12) months shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of one (1) year after the third knockout; and (G) Before resuming competition after any of the periods of rest prescribed in subdivisions (a)(8)(D)-(F) of this section, a promoter shall require the contestant to produce a certification by a physician stating that the contestant is fit to take part in a combative sports elimination contest.

(A) A contestant who has lost by a technical knockout is not permitted to compete again for a period of thirty (30) calendar days or until the contestant has submitted to the promoter the results of a physical examination equivalent to that required of professional boxers or professional mixed martial arts combatants;

(B) (i) The ringside physician examines a contestant who has been knocked out in a combative sports elimination contest or whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage. (ii) The ringside physician may recommend post-fight neurological examinations, which may include computerized axial tomography scans or magnetic resonance imaging, to be performed on the contestant immediately after the contestant leaves the location of the combative sports elimination contest. (iii) The promoter shall not permit the contestant to compete until a physician has certified that the contestant is fit to compete. (iv) If the physician recommends further neurological examinations, the promoter shall not permit the contestant to compete until the promoter receives copies of examination reports demonstrating that the contestant is fit to compete;

(i) The ringside physician examines a contestant who has been knocked out in a combative sports elimination contest or whose fight has been stopped by the referee because the contestant received hard blows to the head that made the contestant defenseless or incapable of continuing immediately after the knockout or stoppage.

(ii) The ringside physician may recommend post-fight neurological examinations, which may include computerized axial tomography scans or magnetic resonance imaging, to be performed on the contestant immediately after the contestant leaves the location of the combative sports elimination contest.

(iii) The promoter shall not permit the contestant to compete until a physician has certified that the contestant is fit to compete.

(iv) If the physician recommends further neurological examinations, the promoter shall not permit the contestant to compete until the promoter receives copies of examination reports demonstrating that the contestant is fit to compete;

(C) (i) The promoter shall require that a contestant who has sustained a severe injury or knockout in a combative sports elimination contest be examined by a physician. (ii) The promoter shall not permit the contestant to compete until the physician has certified that the contestant has fully recovered;

(i) The promoter shall require that a contestant who has sustained a severe injury or knockout in a combative sports elimination contest be examined by a physician.

(ii) The promoter shall not permit the contestant to compete until the physician has certified that the contestant has fully recovered;

(D) The promoter shall not permit a contestant to compete in a combative sports elimination contest for a period of not less than sixty (60) days if the contestant has been knocked out or has received excessive hard blows to the head that required the fight to be stopped;

(E) A contestant who has been knocked out twice in a period of three (3) months or who has had excessive head blows causing a fight to be stopped shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of not less than one hundred twenty (120) days after the second knockout or stoppage;

(F) A contestant who has been knocked out or had excessive hard blows to the head causing a fight to be stopped three (3) times consecutively in a period of twelve (12) months shall not be permitted by a promoter to participate in a combative sports elimination contest for a period of one (1) year after the third knockout; and

(G) Before resuming competition after any of the periods of rest prescribed in subdivisions (a)(8)(D)-(F) of this section, a promoter shall require the contestant to produce a certification by a physician stating that the contestant is fit to take part in a combative sports elimination contest.

(b) As part of the physical examination given before the combative sports elimination contest, the licensed physician or other trained person shall administer a preliminary breath test in compliance with standards imposed in rules promulgated by the Department of Arkansas State Police regarding equipment calibration and methods of administration.

(c) (1) The promoter shall keep a log of preliminary breath test results of contestants on file at its place of business for at least three (3) years after the date of administration of the test. (2) These results shall be made available to law enforcement officials upon request.

(1) The promoter shall keep a log of preliminary breath test results of contestants on file at its place of business for at least three (3) years after the date of administration of the test.

(2) These results shall be made available to law enforcement officials upon request.

(d) A combative sports elimination contest held under subsection (a) of this section is not considered to be in violation of the law.

(e) Any person violating the provisions of this section shall be guilty of a Class A misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000).

Amended by Act 2017, No. 860,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1096,§ 6, eff. 8/16/2013.

Acts 2001, No. 631, § 1; 2009, No. 781, § 6.
Ark. Code Ann. § 17-14-409 — AR Code / Title 17 / Chapter 14 / Subchapter 4 / Section 17-14-409
Registry of applicants and roster
Status: in_force

(a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall keep a register of all applicants for registration. (2) The register shall indicate: (A) The date of application; (B) The applicant's name; (C) The applicant's business address; and (D) Whether the registration was granted or denied. (3) The register shall be prima facie evidence of all matters contained in the register. (b) (1) The executive director shall keep a current roster showing the names and addresses of all appraisal management companies registered with the State Board of Appraisers, Abstracters, and Home Inspectors. (2) The roster shall be kept on file in the office of the board and shall be open for public inspection. (c) (1) The board shall submit to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council all information required to be submitted by Appraisal Subcommittee rules or guidance concerning appraisal management companies that operate in this state. (2) Information under subdivision (c)(1) of this section shall include without limitation a roster of registered appraisal management companies, reports of investigations, and disciplinary actions involving appraisal management companies. Amended by Act 2023, No. 628,§ 43, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 42, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1343, eff. 7/24/2019. Amended by Act 2017, No. 535,§ 8, eff. 3/20/2017. Acts 2009, No. 628, § 1.

(a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall keep a register of all applicants for registration. (2) The register shall indicate: (A) The date of application; (B) The applicant's name; (C) The applicant's business address; and (D) Whether the registration was granted or denied. (3) The register shall be prima facie evidence of all matters contained in the register.

(1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall keep a register of all applicants for registration.

(2) The register shall indicate: (A) The date of application; (B) The applicant's name; (C) The applicant's business address; and (D) Whether the registration was granted or denied.

(A) The date of application;

(B) The applicant's name;

(C) The applicant's business address; and

(D) Whether the registration was granted or denied.

(3) The register shall be prima facie evidence of all matters contained in the register.

(b) (1) The executive director shall keep a current roster showing the names and addresses of all appraisal management companies registered with the State Board of Appraisers, Abstracters, and Home Inspectors. (2) The roster shall be kept on file in the office of the board and shall be open for public inspection.

(1) The executive director shall keep a current roster showing the names and addresses of all appraisal management companies registered with the State Board of Appraisers, Abstracters, and Home Inspectors.

(2) The roster shall be kept on file in the office of the board and shall be open for public inspection.

(c) (1) The board shall submit to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council all information required to be submitted by Appraisal Subcommittee rules or guidance concerning appraisal management companies that operate in this state. (2) Information under subdivision (c)(1) of this section shall include without limitation a roster of registered appraisal management companies, reports of investigations, and disciplinary actions involving appraisal management companies.

(1) The board shall submit to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council all information required to be submitted by Appraisal Subcommittee rules or guidance concerning appraisal management companies that operate in this state.

(2) Information under subdivision (c)(1) of this section shall include without limitation a roster of registered appraisal management companies, reports of investigations, and disciplinary actions involving appraisal management companies.

Amended by Act 2023, No. 628,§ 43, eff. 7/1/2023.

Amended by Act 2023, No. 628,§ 42, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1343, eff. 7/24/2019.

Amended by Act 2017, No. 535,§ 8, eff. 3/20/2017.

Acts 2009, No. 628, § 1.
Ark. Code Ann. § 17-100-104 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-104
Exemptions
Status: in_force

Nothing in this chapter shall be construed as preventing or restricting: (1) A physician or surgeon from engaging in the practice of medicine in this state; (2) A hearing aid dealer from engaging in the business of fitting and selling hearing aids in this state in accordance with § 17-84-101 et seq.; (3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed; (4) (A) A person from performing speech-language pathology or audiology services solely within the confines or under the jurisdiction of a public school system if that person holds a valid and current certificate as a speech therapist or speech-language pathologist issued by the Division of Elementary and Secondary Education. (B) However, without obtaining a license under this chapter, such a person may consult with or disseminate his or her research findings and other specific information to speech-language pathologists and audiologists outside the jurisdiction of the school district by which he or she is employed. Such a person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. (C) The person may additionally elect to be subject to this chapter; (5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if the activities and services constitute a part of a supervised course of study and if the persons are designated as speech-language pathology interns, speech-language pathology trainees, audiology interns, audiology trainees, or by other such titles clearly indicating the training status appropriate to their level of training; (6) (A) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described in § 17-100-302(b) . (B) The performance of speech-language pathology or audiology services in this state by a person not a resident of this state who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by § 17-100-302(b) , or who is the holder of the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology or audiology or its equivalent, if such services are performed in the state for no more than thirty (30) days in any fiscal year and are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter; (7) A person from performing speech-language pathology or audiology services solely within the confines of the person's duties as an employee of the State of Arkansas, provided that the person was an employee of the State of Arkansas on January 1, 1993, and, furthermore, this exemption applies to such state employees who subsequently transfer to another agency of the state; or (8) (A) A person from performing speech-language pathology services solely within the confines of the person's duties as an employee of any entity licensed or certified as a developmental disability services community provider by the Division of Developmental Disabilities Services, if that person holds a minimum of a bachelor's degree in speech-language pathology and is supervised by a licensed speech-language pathologist. (B) The supervision of the bachelor's level personnel shall be in accordance with the rules adopted by the Board of Examiners in Speech-Language Pathology and Audiology. (C) The board shall adopt rules that set forth the scope and restrictions relating to bachelor's level personnel. (D) These persons shall be required to comply with state rules as speech-language pathology support personnel no later than January 1, 1997. Amended by Act 2019, No. 315,§ 1648, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2251, eff. 7/1/2019. Amended by Act 2013, No. 219,§ 2, eff. 8/16/2013. Acts 1975, No. 277, § 9; 1980 (1st Ex. Sess.), No. 44, § 1; A.S.A. 1947, § 72-1809; Acts 1993, No. 121, § 4; 1995, No. 826, § 3.

Nothing in this chapter shall be construed as preventing or restricting:

(1) A physician or surgeon from engaging in the practice of medicine in this state;

(2) A hearing aid dealer from engaging in the business of fitting and selling hearing aids in this state in accordance with § 17-84-101 et seq.;

(3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed;

(4) (A) A person from performing speech-language pathology or audiology services solely within the confines or under the jurisdiction of a public school system if that person holds a valid and current certificate as a speech therapist or speech-language pathologist issued by the Division of Elementary and Secondary Education. (B) However, without obtaining a license under this chapter, such a person may consult with or disseminate his or her research findings and other specific information to speech-language pathologists and audiologists outside the jurisdiction of the school district by which he or she is employed. Such a person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. (C) The person may additionally elect to be subject to this chapter;

(A) A person from performing speech-language pathology or audiology services solely within the confines or under the jurisdiction of a public school system if that person holds a valid and current certificate as a speech therapist or speech-language pathologist issued by the Division of Elementary and Secondary Education.

(B) However, without obtaining a license under this chapter, such a person may consult with or disseminate his or her research findings and other specific information to speech-language pathologists and audiologists outside the jurisdiction of the school district by which he or she is employed. Such a person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter.

(C) The person may additionally elect to be subject to this chapter;

(5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if the activities and services constitute a part of a supervised course of study and if the persons are designated as speech-language pathology interns, speech-language pathology trainees, audiology interns, audiology trainees, or by other such titles clearly indicating the training status appropriate to their level of training;

(6) (A) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described in § 17-100-302(b) . (B) The performance of speech-language pathology or audiology services in this state by a person not a resident of this state who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by § 17-100-302(b) , or who is the holder of the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology or audiology or its equivalent, if such services are performed in the state for no more than thirty (30) days in any fiscal year and are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter;

(A) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described in § 17-100-302(b) .

(B) The performance of speech-language pathology or audiology services in this state by a person not a resident of this state who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by § 17-100-302(b) , or who is the holder of the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology or audiology or its equivalent, if such services are performed in the state for no more than thirty (30) days in any fiscal year and are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter;

(7) A person from performing speech-language pathology or audiology services solely within the confines of the person's duties as an employee of the State of Arkansas, provided that the person was an employee of the State of Arkansas on January 1, 1993, and, furthermore, this exemption applies to such state employees who subsequently transfer to another agency of the state; or

(8) (A) A person from performing speech-language pathology services solely within the confines of the person's duties as an employee of any entity licensed or certified as a developmental disability services community provider by the Division of Developmental Disabilities Services, if that person holds a minimum of a bachelor's degree in speech-language pathology and is supervised by a licensed speech-language pathologist. (B) The supervision of the bachelor's level personnel shall be in accordance with the rules adopted by the Board of Examiners in Speech-Language Pathology and Audiology. (C) The board shall adopt rules that set forth the scope and restrictions relating to bachelor's level personnel. (D) These persons shall be required to comply with state rules as speech-language pathology support personnel no later than January 1, 1997.

(A) A person from performing speech-language pathology services solely within the confines of the person's duties as an employee of any entity licensed or certified as a developmental disability services community provider by the Division of Developmental Disabilities Services, if that person holds a minimum of a bachelor's degree in speech-language pathology and is supervised by a licensed speech-language pathologist.

(B) The supervision of the bachelor's level personnel shall be in accordance with the rules adopted by the Board of Examiners in Speech-Language Pathology and Audiology.

(C) The board shall adopt rules that set forth the scope and restrictions relating to bachelor's level personnel.

(D) These persons shall be required to comply with state rules as speech-language pathology support personnel no later than January 1, 1997.

Amended by Act 2019, No. 315,§ 1648, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2251, eff. 7/1/2019.

Amended by Act 2013, No. 219,§ 2, eff. 8/16/2013.

Acts 1975, No. 277, § 9; 1980 (1st Ex. Sess.), No. 44, § 1; A.S.A. 1947, § 72-1809; Acts 1993, No. 121, § 4; 1995, No. 826, § 3.
Ark. Code Ann. § 17-107-306 — AR Code / Title 17 / Chapter 107 / Subchapter 3 / Section 17-107-306
License - Renewal
Status: in_force

(a) An individual licensed or certified under this chapter shall renew his or her license or certification with the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in accordance with this section and procedures established by the board. (b) (1) At least sixty (60) days before the renewal date of a individual's license or certification under this chapter, the board shall: (A) Mail to the individual a renewal application for his or her license or certification; and (B) Notify the individual of the renewal date of his or her license or certification. (2) The board shall mail the renewal application to the most recent address of the individual as the address appears in the records of the board. (3) The individual shall complete the renewal application and return it to the board with the required renewal fee by the renewal date of the individual's license or certification. (c) The board shall renew the individual's license or certification for the next licensure or certification period if: (1) The board receives the individual's renewal application by the renewal date of the individual's license or certification; (2) The board determines that the individual's renewal application is accurate; and (3) The renewal fee is paid by the renewal date of the individual's license or certification. (d) An individual's license or certification under this chapter automatically expires and is forfeited if: (1) The board does not receive the individual's renewal application by the renewal date of the individual's license or certification; (2) The board determines that the renewal application is not accurate; or (3) The renewal fee is not paid by the renewal date of the individual's license or certification. (e) Any individual who fails to renew his or her license or certification as provided in this section may be reinstated by the board if: (1) The individual submits to the board: (A) Written evidence verified by oath that the individual's renewal application was submitted in a timely manner; or (B) A renewal application, and the board determines that the renewal application is accurate; and (2) The renewal fee plus a penalty is paid by a date specified by the board. Acts 2007, No. 174, § 1.

(a) An individual licensed or certified under this chapter shall renew his or her license or certification with the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board in accordance with this section and procedures established by the board.

(b) (1) At least sixty (60) days before the renewal date of a individual's license or certification under this chapter, the board shall: (A) Mail to the individual a renewal application for his or her license or certification; and (B) Notify the individual of the renewal date of his or her license or certification. (2) The board shall mail the renewal application to the most recent address of the individual as the address appears in the records of the board. (3) The individual shall complete the renewal application and return it to the board with the required renewal fee by the renewal date of the individual's license or certification.

(1) At least sixty (60) days before the renewal date of a individual's license or certification under this chapter, the board shall: (A) Mail to the individual a renewal application for his or her license or certification; and (B) Notify the individual of the renewal date of his or her license or certification.

(A) Mail to the individual a renewal application for his or her license or certification; and

(B) Notify the individual of the renewal date of his or her license or certification.

(2) The board shall mail the renewal application to the most recent address of the individual as the address appears in the records of the board.

(3) The individual shall complete the renewal application and return it to the board with the required renewal fee by the renewal date of the individual's license or certification.

(c) The board shall renew the individual's license or certification for the next licensure or certification period if: (1) The board receives the individual's renewal application by the renewal date of the individual's license or certification; (2) The board determines that the individual's renewal application is accurate; and (3) The renewal fee is paid by the renewal date of the individual's license or certification.

(1) The board receives the individual's renewal application by the renewal date of the individual's license or certification;

(2) The board determines that the individual's renewal application is accurate; and

(3) The renewal fee is paid by the renewal date of the individual's license or certification.

(d) An individual's license or certification under this chapter automatically expires and is forfeited if: (1) The board does not receive the individual's renewal application by the renewal date of the individual's license or certification; (2) The board determines that the renewal application is not accurate; or (3) The renewal fee is not paid by the renewal date of the individual's license or certification.

(1) The board does not receive the individual's renewal application by the renewal date of the individual's license or certification;

(2) The board determines that the renewal application is not accurate; or

(3) The renewal fee is not paid by the renewal date of the individual's license or certification.

(e) Any individual who fails to renew his or her license or certification as provided in this section may be reinstated by the board if: (1) The individual submits to the board: (A) Written evidence verified by oath that the individual's renewal application was submitted in a timely manner; or (B) A renewal application, and the board determines that the renewal application is accurate; and (2) The renewal fee plus a penalty is paid by a date specified by the board.

(1) The individual submits to the board: (A) Written evidence verified by oath that the individual's renewal application was submitted in a timely manner; or (B) A renewal application, and the board determines that the renewal application is accurate; and

(A) Written evidence verified by oath that the individual's renewal application was submitted in a timely manner; or

(B) A renewal application, and the board determines that the renewal application is accurate; and

(2) The renewal fee plus a penalty is paid by a date specified by the board.

Acts 2007, No. 174, § 1.