Ark. Code Ann. § 17-95-305 — AR Code / Title 17 / Chapter 95 / Subchapter 3 / Section 17-95-305
Disposition of funds
Status: in_force

(a) All funds received by the Arkansas State Medical Board shall be expended in furtherance of the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. This includes, but is not specifically limited to, the publication of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., preparing and publishing a compilation of physicians, investigating violations of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., instituting actions to compel compliance with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., defending actions brought against it as a result of its actions under the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and for such other purposes not inconsistent with the general purposes of the creation of the board as may be directed by the board. (b) (1) All moneys received by the board shall be disbursed by the Chair of the Arkansas State Medical Board or the Director of the Arkansas State Medical Board. (2) The board shall furnish a surety bond and shall keep a true and faithful account of all moneys received and all moneys expended. (3) The chair shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant. (c) Any surplus in the treasury of the board at the end of the year shall remain in the treasury and may be expended in succeeding years for the purposes set out in this section. (d) It shall not be lawful for the board or for any member thereof in any manner whatsoever or for any purpose to charge or obligate the State of Arkansas for payment of any money whatsoever. Amended by Act 2019, No. 910,§ 4899, eff. 7/1/2019. Amended by Act 2017, No. 69,§ 4, eff. 8/1/2017. Acts 1957, No. 198, § 18; 1983, No. 365, § 5; A.S.A. 1947, § 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 3; 2005, No. 495, § 1.

(a) All funds received by the Arkansas State Medical Board shall be expended in furtherance of the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. This includes, but is not specifically limited to, the publication of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., preparing and publishing a compilation of physicians, investigating violations of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., instituting actions to compel compliance with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., defending actions brought against it as a result of its actions under the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and for such other purposes not inconsistent with the general purposes of the creation of the board as may be directed by the board.

(b) (1) All moneys received by the board shall be disbursed by the Chair of the Arkansas State Medical Board or the Director of the Arkansas State Medical Board. (2) The board shall furnish a surety bond and shall keep a true and faithful account of all moneys received and all moneys expended. (3) The chair shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant.

(1) All moneys received by the board shall be disbursed by the Chair of the Arkansas State Medical Board or the Director of the Arkansas State Medical Board.

(2) The board shall furnish a surety bond and shall keep a true and faithful account of all moneys received and all moneys expended.

(3) The chair shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant.

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

(d) It shall not be lawful for the board or for any member thereof in any manner whatsoever or for any purpose to charge or obligate the State of Arkansas for payment of any money whatsoever.

Amended by Act 2019, No. 910,§ 4899, eff. 7/1/2019.

Amended by Act 2017, No. 69,§ 4, eff. 8/1/2017.

Acts 1957, No. 198, § 18; 1983, No. 365, § 5; A.S.A. 1947, § 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 3; 2005, No. 495, § 1.
Ark. Code Ann. § 17-92-409 — AR Code / Title 17 / Chapter 92 / Subchapter 4 / Section 17-92-409
Pharmacy library required
Status: in_force

There shall be kept in every pharmacy or other facility as identified in § 17-92-403 a library consisting of books, periodicals, and computer software as required by rules of the Arkansas State Board of Pharmacy. Amended by Act 2019, No. 315,§ 1590, eff. 7/24/2019. Acts 1929, No. 72, § 11; Pope's Dig., § 4632; Acts 1983, No. 511, § 9; A.S.A. 1947, § 72-1022; Acts 2001, No. 910, § 10.

There shall be kept in every pharmacy or other facility as identified in § 17-92-403 a library consisting of books, periodicals, and computer software as required by rules of the Arkansas State Board of Pharmacy.

Amended by Act 2019, No. 315,§ 1590, eff. 7/24/2019.

Acts 1929, No. 72, § 11; Pope's Dig., § 4632; Acts 1983, No. 511, § 9; A.S.A. 1947, § 72-1022; Acts 2001, No. 910, § 10.
Ark. Code Ann. § 17-85-103 — AR Code / Title 17 / Chapter 85 / Section 17-85-103
Definition
Status: in_force

As used in this chapter a "lay midwife" is any person other than a physician, a nurse midwife, or a licensed nurse practicing within the scope of the Arkansas Nurse Practice Act, § 17-87-101 et seq., who performs for compensation those skills relevant to the management of women in the antepartum, intrapartum, and postpartum period of the maternity cycle. Acts 1987, No. 481, § 2.

As used in this chapter a "lay midwife" is any person other than a physician, a nurse midwife, or a licensed nurse practicing within the scope of the Arkansas Nurse Practice Act, § 17-87-101 et seq., who performs for compensation those skills relevant to the management of women in the antepartum, intrapartum, and postpartum period of the maternity cycle.

Acts 1987, No. 481, § 2.
Ark. Code Ann. § 17-103-205 — AR Code / Title 17 / Chapter 103 / Subchapter 2 / Section 17-103-205
Fees
Status: in_force

The Arkansas Social Work Licensing Board shall establish, charge, and collect for: (1) The filing of an application for a license under this chapter, a nonrefundable fee of not more than one hundred fifty dollars ($150); (2) A nonrefundable renewal of a license issued in accordance with this chapter, a fee of not more than one hundred fifty dollars ($150); (3) Replacement of a license, a nonrefundable fee of not more than forty dollars ($40.00); (4) Endorsement of an Arkansas social work license, a nonrefundable fee of not more than forty dollars ($40.00); (5) Renewal of a license after the expiration date, a nonrefundable late fee of not more than one hundred fifty dollars ($150); (6) A criminal background check processing fee, the fee amount to be determined by the Department of Arkansas State Police; (7) The filing of an application for a certificate of registration under this chapter, a nonrefundable fee of not more than fifty dollars ($50.00); and (8) Renewal of a certificate of registration issued under this chapter, a nonrefundable fee of not more than twenty-five dollars ($25.00). Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015. Amended by Act 2013, No. 409,§ 1, eff. 8/16/2013. Acts 1999, No. 1122, § 1; 2001, No. 1481, § 1.

The Arkansas Social Work Licensing Board shall establish, charge, and collect for:

(1) The filing of an application for a license under this chapter, a nonrefundable fee of not more than one hundred fifty dollars ($150);

(2) A nonrefundable renewal of a license issued in accordance with this chapter, a fee of not more than one hundred fifty dollars ($150);

(3) Replacement of a license, a nonrefundable fee of not more than forty dollars ($40.00);

(4) Endorsement of an Arkansas social work license, a nonrefundable fee of not more than forty dollars ($40.00);

(5) Renewal of a license after the expiration date, a nonrefundable late fee of not more than one hundred fifty dollars ($150);

(6) A criminal background check processing fee, the fee amount to be determined by the Department of Arkansas State Police;

(7) The filing of an application for a certificate of registration under this chapter, a nonrefundable fee of not more than fifty dollars ($50.00); and

(8) Renewal of a certificate of registration issued under this chapter, a nonrefundable fee of not more than twenty-five dollars ($25.00).

Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.

Amended by Act 2013, No. 409,§ 1, eff. 8/16/2013.

Acts 1999, No. 1122, § 1; 2001, No. 1481, § 1.
Ark. Code Ann. § 17-91-102 — AR Code / Title 17 / Chapter 91 / Section 17-91-102
Examination
Status: in_force

(a) The examination given to the applicants shall be: (1) The same examination given to all other applicants for medical licensure; (2) Given at the same time and place as the examination given to the other applicants; and (3) Graded as all other examinations. (b) The National Board of Osteopathic Medical Examiners develops examinations for licensure of osteopathic physicians. Acts 1971, No. 650, § 3; A.S.A. 1947, § 72-913; Acts 2001, No. 929, § 3.

(a) The examination given to the applicants shall be: (1) The same examination given to all other applicants for medical licensure; (2) Given at the same time and place as the examination given to the other applicants; and (3) Graded as all other examinations.

(1) The same examination given to all other applicants for medical licensure;

(2) Given at the same time and place as the examination given to the other applicants; and

(3) Graded as all other examinations.

(b) The National Board of Osteopathic Medical Examiners develops examinations for licensure of osteopathic physicians.

Acts 1971, No. 650, § 3; A.S.A. 1947, § 72-913; Acts 2001, No. 929, § 3.
Ark. Code Ann. § 17-96-103 — AR Code / Title 17 / Chapter 96 / Subchapter 1 / Section 17-96-103
Unlawful acts - Penalties
Status: in_force

(a) Any person who shall unlawfully obtain registration under this chapter, whether by false or untrue statements contained in the application to the Arkansas Board of Podiatric Medicine or by presenting to the board a fraudulent diploma, certificate for license, or one fraudulently obtained, or by practicing without any registration or certificate shall be guilty of a Class A misdemeanor. (b) Except as otherwise provided in this section, any person who shall swear falsely to any affidavit or oral testimony made or given by virtue of the provisions of this chapter or the rules of the board shall be guilty of perjury and upon conviction shall be subject to all the pains and penalties of perjury. (c) Any person who shall knowingly violate any of the provisions of this chapter, upon conviction shall be fined a sum not exceeding one thousand dollars ($1,000) or be imprisoned in the county jail not to exceed thirty (30) days, or be both fined and imprisoned. Amended by Act 2019, No. 315,§ 1630, eff. 7/24/2019. Acts 1923, No. 610, §§ 5, 10; 1937, No. 187, § 2; Pope's Dig., §§ 10854, 12114, 12119; Acts 1973, No. 31, § 3; 1983, No. 429, § 5; A.S.A. 1947, §§ 72-305, 72-310; Acts 1997, No. 966, § 2; 2005, No. 1994, § 202.

(a) Any person who shall unlawfully obtain registration under this chapter, whether by false or untrue statements contained in the application to the Arkansas Board of Podiatric Medicine or by presenting to the board a fraudulent diploma, certificate for license, or one fraudulently obtained, or by practicing without any registration or certificate shall be guilty of a Class A misdemeanor.

(b) Except as otherwise provided in this section, any person who shall swear falsely to any affidavit or oral testimony made or given by virtue of the provisions of this chapter or the rules of the board shall be guilty of perjury and upon conviction shall be subject to all the pains and penalties of perjury.

(c) Any person who shall knowingly violate any of the provisions of this chapter, upon conviction shall be fined a sum not exceeding one thousand dollars ($1,000) or be imprisoned in the county jail not to exceed thirty (30) days, or be both fined and imprisoned.

Amended by Act 2019, No. 315,§ 1630, eff. 7/24/2019.

Acts 1923, No. 610, §§ 5, 10; 1937, No. 187, § 2; Pope's Dig., §§ 10854, 12114, 12119; Acts 1973, No. 31, § 3; 1983, No. 429, § 5; A.S.A. 1947, §§ 72-305, 72-310; Acts 1997, No. 966, § 2; 2005, No. 1994, § 202.
Ark. Code Ann. § 17-47-201 — AR Code / Title 17 / Chapter 47 / Subchapter 2 / Section 17-47-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 98, eff. 7/1/2023. Amended by Act 2015, No. 1100,§ 29, eff. 7/22/2015. Acts 1975, No. 460, § 1; A.S.A. 1947, § 71-2701; Acts 1997, No. 250, § 151.

Repealed by Act 2023, No. 691,§ 98, eff. 7/1/2023.

Amended by Act 2015, No. 1100,§ 29, eff. 7/22/2015.

Acts 1975, No. 460, § 1; A.S.A. 1947, § 71-2701; Acts 1997, No. 250, § 151.
Ark. Code Ann. § 17-42-506 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-506
Powers and duties
Status: in_force

(a) The Arkansas Real Estate Commission may adopt rules as necessary to implement this subchapter. (b) The commission shall license, approve, and regulate schools, associations, principal instructors, and associate instructors offering commission-approved prelicense, postlicense, and continuing education courses offered to satisfy education requirements for real estate licensure. (c) The commission shall establish the licensing or education requirements for: (1) A school or association that applies for a license to offer real estate courses that satisfy the education requirements for real estate licensure; (2) Principal and associate instructors of courses approved by the commission; (3) Courses that satisfy the education requirements for applicants for real estate licensure and licensees; and (4) Guest speakers of courses approved by the commission. (d) The commission shall: (1) Establish procedural guidelines for licensed schools and their locations and those providing real estate education designed for students to meet the education requirements for a real estate license; (2) Charge fees and pay the necessary expenses to develop, approve, sponsor, contract for, or conduct real estate courses and seminars for real estate licensees or instructors of real estate education; (3) Maintain in electronic format a list of the names of real estate schools, associations, administrators, instructors, and courses approved under this subchapter; (4) Publish in electronic format the names of the persons, associations, or schools that have been sanctioned by formal hearing or consent order under this subchapter; (5) Periodically monitor courses offered or taught by the licensed schools and instructors; and (6) Establish course requirements with respect to: (A) Accessibility; (B) Attendance; (C) Satisfactory completion; and (D) Curricula. Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013. Acts 1993, No. 690, § 23.

(a) The Arkansas Real Estate Commission may adopt rules as necessary to implement this subchapter.

(b) The commission shall license, approve, and regulate schools, associations, principal instructors, and associate instructors offering commission-approved prelicense, postlicense, and continuing education courses offered to satisfy education requirements for real estate licensure.

(c) The commission shall establish the licensing or education requirements for: (1) A school or association that applies for a license to offer real estate courses that satisfy the education requirements for real estate licensure; (2) Principal and associate instructors of courses approved by the commission; (3) Courses that satisfy the education requirements for applicants for real estate licensure and licensees; and (4) Guest speakers of courses approved by the commission.

(1) A school or association that applies for a license to offer real estate courses that satisfy the education requirements for real estate licensure;

(2) Principal and associate instructors of courses approved by the commission;

(3) Courses that satisfy the education requirements for applicants for real estate licensure and licensees; and

(4) Guest speakers of courses approved by the commission.

(d) The commission shall: (1) Establish procedural guidelines for licensed schools and their locations and those providing real estate education designed for students to meet the education requirements for a real estate license; (2) Charge fees and pay the necessary expenses to develop, approve, sponsor, contract for, or conduct real estate courses and seminars for real estate licensees or instructors of real estate education; (3) Maintain in electronic format a list of the names of real estate schools, associations, administrators, instructors, and courses approved under this subchapter; (4) Publish in electronic format the names of the persons, associations, or schools that have been sanctioned by formal hearing or consent order under this subchapter; (5) Periodically monitor courses offered or taught by the licensed schools and instructors; and (6) Establish course requirements with respect to: (A) Accessibility; (B) Attendance; (C) Satisfactory completion; and (D) Curricula.

(1) Establish procedural guidelines for licensed schools and their locations and those providing real estate education designed for students to meet the education requirements for a real estate license;

(2) Charge fees and pay the necessary expenses to develop, approve, sponsor, contract for, or conduct real estate courses and seminars for real estate licensees or instructors of real estate education;

(3) Maintain in electronic format a list of the names of real estate schools, associations, administrators, instructors, and courses approved under this subchapter;

(4) Publish in electronic format the names of the persons, associations, or schools that have been sanctioned by formal hearing or consent order under this subchapter;

(5) Periodically monitor courses offered or taught by the licensed schools and instructors; and

(6) Establish course requirements with respect to: (A) Accessibility; (B) Attendance; (C) Satisfactory completion; and (D) Curricula.

(A) Accessibility;

(B) Attendance;

(C) Satisfactory completion; and

(D) Curricula.

Amended by Act 2013, No. 281,§ 3, eff. 8/16/2013.

Acts 1993, No. 690, § 23.
Ark. Code Ann. § 17-105-123 — AR Code / Title 17 / Chapter 105 / Section 17-105-123
Medical malpractice - Professional and legal liability for actions
Status: in_force

Physician assistants shall be covered under the provisions regarding medical malpractice and legal liability as such applies to their supervising physician as embodied in §§ 16-114-201 - 16-114-203 and 16-114-205 - 16-114-209 . Acts 1999, No. 851, § 23.

Physician assistants shall be covered under the provisions regarding medical malpractice and legal liability as such applies to their supervising physician as embodied in §§ 16-114-201 - 16-114-203 and 16-114-205 - 16-114-209 .

Acts 1999, No. 851, § 23.
Ark. Code Ann. § 17-90-510 — AR Code / Title 17 / Chapter 90 / Subchapter 5 / Section 17-90-510
Limitation on liability
Status: in_force

(a) Notwithstanding any other provisions of law, the State Board of Optometry and committees and members thereof shall not be held liable in damages to any person within the scope of their responsibilities pursuant to this subchapter. (b) No person who in good faith and without malice makes a report pursuant to this subchapter to the board shall be liable for damages to any person. Acts 1997, No. 176, § 4; 1997, No. 186, § 4.

(a) Notwithstanding any other provisions of law, the State Board of Optometry and committees and members thereof shall not be held liable in damages to any person within the scope of their responsibilities pursuant to this subchapter.

(b) No person who in good faith and without malice makes a report pursuant to this subchapter to the board shall be liable for damages to any person.

Acts 1997, No. 176, § 4; 1997, No. 186, § 4.
Ark. Code Ann. § 17-80-105 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-105
Professional review under federal act
Status: in_force

(a) The State of Arkansas hereby elects the early options in the provision provided in the Health Care Quality Improvement Act of 1986, for all healthcare entities subject to that act. (b) This section and powers granted shall be liberally and broadly construed so as to effectuate the legislative intent. Acts 1989, No. 104, § 1, 3.

(a) The State of Arkansas hereby elects the early options in the provision provided in the Health Care Quality Improvement Act of 1986, for all healthcare entities subject to that act.

(b) This section and powers granted shall be liberally and broadly construed so as to effectuate the legislative intent.

Acts 1989, No. 104, § 1, 3.
Ark. Code Ann. § 17-36-308 — AR Code / Title 17 / Chapter 36 / Subchapter 3 / Section 17-36-308
Reissuance
Status: in_force

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may reissue a license to a person whose license has been suspended, revoked, or surrendered after receipt of a complaint or the initiation of an investigation if no charges of violation of this chapter are pending in a court of record in this state and three (3) or more members of the board vote in favor of reissuance. Acts 1975, No. 353, § 5; A.S.A. 1947, § 71-2905; Acts 2001, No. 617, § 19; 2009, No. 1367, § 18.

The Arkansas State Board of Architects, Landscape Architects, and Interior Designers may reissue a license to a person whose license has been suspended, revoked, or surrendered after receipt of a complaint or the initiation of an investigation if no charges of violation of this chapter are pending in a court of record in this state and three (3) or more members of the board vote in favor of reissuance.

Acts 1975, No. 353, § 5; A.S.A. 1947, § 71-2905; Acts 2001, No. 617, § 19; 2009, No. 1367, § 18.
Ark. Code Ann. § 17-104-203 — AR Code / Title 17 / Chapter 104 / Subchapter 2 / Section 17-104-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017. Acts 1999, No. 888, § 5; 2005, No. 1013, § 2; 2007, No. 827, § 140.

Repealed by Act 2017, No. 540,§ 37, eff. 8/1/2017.

Acts 1999, No. 888, § 5; 2005, No. 1013, § 2; 2007, No. 827, § 140.
Ark. Code Ann. § 17-32-203 — AR Code / Title 17 / Chapter 32 / Subchapter 2 / Section 17-32-203
Officers - Temporary assistance
Status: in_force

(a) The State Board of Registration for Professional Geologists shall elect a chair, vice chair, and secretary-treasurer from among its members. Elections shall be held annually and on a basis in which the officers will serve for a period of one (1) year. The chair shall be rotated annually among the members. (b) Administrative assistance, clerical work, and supplies will be provided by the Office of the State Geologist until such time as the board may assume those responsibilities. Amended by Act 2023, No. 697,§ 13, eff. 7/1/2023. Acts 1987, No. 470, § 4; 1987, No. 701, § 4.

(a) The State Board of Registration for Professional Geologists shall elect a chair, vice chair, and secretary-treasurer from among its members. Elections shall be held annually and on a basis in which the officers will serve for a period of one (1) year. The chair shall be rotated annually among the members.

(b) Administrative assistance, clerical work, and supplies will be provided by the Office of the State Geologist until such time as the board may assume those responsibilities.

Amended by Act 2023, No. 697,§ 13, eff. 7/1/2023.

Acts 1987, No. 470, § 4; 1987, No. 701, § 4.
Ark. Code Ann. § 17-25-104 — AR Code / Title 17 / Chapter 25 / Subchapter 1 / Section 17-25-104
Injunction
Status: in_force

When any contractor engages or attempts to engage in the business of contracting as herein defined, in violation of this chapter, the Contractors Licensing Board shall have the right to go into a court where venue is proper and is of competent jurisdiction and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the contractor from performance of the work then being done or about to commence. Amended by Act 2019, No. 805,§ 5, eff. 7/1/2020. Acts 1965, No. 150, § 18; A.S.A. 1947, § 71-717.

When any contractor engages or attempts to engage in the business of contracting as herein defined, in violation of this chapter, the Contractors Licensing Board shall have the right to go into a court where venue is proper and is of competent jurisdiction and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the contractor from performance of the work then being done or about to commence.

Amended by Act 2019, No. 805,§ 5, eff. 7/1/2020.

Acts 1965, No. 150, § 18; A.S.A. 1947, § 71-717.
Ark. Code Ann. § 17-80-110 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-110
Using "Doctor" as title in documentation
Status: in_force

In any written document or electronically transmitted document in connection with the provision of a healthcare service, no person shall use the title "Doctor", unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance with the statutes and rules governing the particular healthcare profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under § 17-1-101 et seq. Amended by Act 2019, No. 315,§ 1503, eff. 7/24/2019. Acts 1999, No. 338, § 2.

In any written document or electronically transmitted document in connection with the provision of a healthcare service, no person shall use the title "Doctor", unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance with the statutes and rules governing the particular healthcare profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under § 17-1-101 et seq.

Amended by Act 2019, No. 315,§ 1503, eff. 7/24/2019.

Acts 1999, No. 338, § 2.
Ark. Code Ann. § 17-39-303 — AR Code / Title 17 / Chapter 39 / Subchapter 3 / Section 17-39-303
Applicant burden of proof
Status: in_force

An applicant who seeks licensure under this subchapter as a certified voice stress analysis examiner has the burden to provide sufficient information to bring himself or herself within the licensing standards that would allow the Director of the Division of Arkansas State Police to determine if the applicant is qualified to hold the license. Amended by Act 2019, No. 910,§ 5949, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 28, eff. 9/1/2015. Acts 1987, No. 858, § 2.

An applicant who seeks licensure under this subchapter as a certified voice stress analysis examiner has the burden to provide sufficient information to bring himself or herself within the licensing standards that would allow the Director of the Division of Arkansas State Police to determine if the applicant is qualified to hold the license.

Amended by Act 2019, No. 910,§ 5949, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 28, eff. 9/1/2015.

Acts 1987, No. 858, § 2.
Ark. Code Ann. § 17-40-205 — AR Code / Title 17 / Chapter 40 / Subchapter 2 / Section 17-40-205
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 51, eff. 9/1/2015. Acts 1977, No. 429, § 8; A.S.A. 1947, § 71-2129.

Repealed by Act 2015, No. 393,§ 51, eff. 9/1/2015.

Acts 1977, No. 429, § 8; A.S.A. 1947, § 71-2129.
Ark. Code Ann. § 17-55-103 — AR Code / Title 17 / Chapter 55 / Section 17-55-103
Persons employed as electrical inspectors as of August 16, 2013
Status: in_force

(a) A person employed as an electrical inspector as of August 16, 2013, shall be issued a temporary electrical inspector license upon submission of the following information to the Board of Electrical Examiners of the State of Arkansas: (1) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas; (2) Verification of work experience as required by rule of the board; and (3) Payment of a license fee as required by rule of the board. (b) (1) A temporary license issued under this section shall expire on January 1, 2014. (2) A recipient of a temporary license shall be eligible to apply for an electrical inspector license under this chapter. Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.

(a) A person employed as an electrical inspector as of August 16, 2013, shall be issued a temporary electrical inspector license upon submission of the following information to the Board of Electrical Examiners of the State of Arkansas: (1) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas; (2) Verification of work experience as required by rule of the board; and (3) Payment of a license fee as required by rule of the board.

(1) Proof of employment with the state or a political subdivision of the state as an electrical inspector in the State of Arkansas;

(2) Verification of work experience as required by rule of the board; and

(3) Payment of a license fee as required by rule of the board.

(b) (1) A temporary license issued under this section shall expire on January 1, 2014. (2) A recipient of a temporary license shall be eligible to apply for an electrical inspector license under this chapter.

(1) A temporary license issued under this section shall expire on January 1, 2014.

(2) A recipient of a temporary license shall be eligible to apply for an electrical inspector license under this chapter.

Added by Act 2013, No. 756,§ 4, eff. 8/16/2013.
Ark. Code Ann. § 17-17-105 — AR Code / Title 17 / Chapter 17 / Subchapter 1 / Section 17-17-105
License required - Penalty for violation
Status: in_force

(a) On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as either within this state without a license issued by the Auctioneer's Licensing Board. (b) Any person who violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for a term not to exceed ninety (90) days, or both. Acts 1989, No. 266, §§ 4, 19.

(a) On and after July 1, 1989, it shall be unlawful for any person to act as an auctioneer or to advertise or to assume to act as either within this state without a license issued by the Auctioneer's Licensing Board.

(b) Any person who violates subsection (a) of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for a term not to exceed ninety (90) days, or both.

Acts 1989, No. 266, §§ 4, 19.
Ark. Code Ann. § 17-26-501 — AR Code / Title 17 / Chapter 26 / Subchapter 5 / Section 17-26-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Natural Hair Braiding Protection Act". Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Natural Hair Braiding Protection Act".

Added by Act 2015, No. 409,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-25-105 — AR Code / Title 17 / Chapter 25 / Subchapter 1 / Section 17-25-105
Form of indictment
Status: in_force

In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that "'A.' unlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so." Acts 1965, No. 150, § 15; A.S.A. 1947, § 71-714.

In all prosecutions for violations of the provisions of this chapter for engaging in the business of contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that "'A.' unlawfully engaged in business as a contractor, without authority from the Contractors Licensing Board, State of Arkansas, to do so."

Acts 1965, No. 150, § 15; A.S.A. 1947, § 71-714.
Ark. Code Ann. § 17-100-107 — AR Code / Title 17 / Chapter 100 / Subchapter 1 / Section 17-100-107
Injunction against unlawful practice
Status: in_force

When any person not licensed by the Board of Examiners in Speech-Language Pathology and Audiology, or any licensee, engages in the practice of speech-language pathology or audiology as defined in § 17-100-103 in violation of this chapter or the rules of the board, the board may go into the Pulaski County Circuit Court or the circuit court of the county in which the person resides and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person from the practice of speech-language pathology or audiology in violation of this chapter. Amended by Act 2019, No. 315,§ 1650, eff. 7/24/2019. Amended by Act 2019, No. 386,§ 56, eff. 7/24/2019. Acts 1993, No. 121, § 5.

When any person not licensed by the Board of Examiners in Speech-Language Pathology and Audiology, or any licensee, engages in the practice of speech-language pathology or audiology as defined in § 17-100-103 in violation of this chapter or the rules of the board, the board may go into the Pulaski County Circuit Court or the circuit court of the county in which the person resides and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person from the practice of speech-language pathology or audiology in violation of this chapter.

Amended by Act 2019, No. 315,§ 1650, eff. 7/24/2019.

Amended by Act 2019, No. 386,§ 56, eff. 7/24/2019.

Acts 1993, No. 121, § 5.
Ark. Code Ann. § 17-81-308 — AR Code / Title 17 / Chapter 81 / Subchapter 3 / Section 17-81-308
Temporary licenses
Status: in_force

Upon satisfactory evidence being submitted to the Arkansas State Board of Chiropractic Examiners as to an applicant's ability and integrity and when no regular review of applications will be held within thirty (30) days from the date of an application for a temporary license, the board may issue to the applicant a permit to practice until the next orientation of accepted applicants if approved by at least two-thirds (2/3) of the membership of the board. Amended by Act 2017, No. 397,§ 7, eff. 8/1/2017. Acts 1971, No. 706, § 12; A.S.A. 1947, § 72-426; Acts 1989 (3rd Ex. Sess.), No. 30, § 3.

Upon satisfactory evidence being submitted to the Arkansas State Board of Chiropractic Examiners as to an applicant's ability and integrity and when no regular review of applications will be held within thirty (30) days from the date of an application for a temporary license, the board may issue to the applicant a permit to practice until the next orientation of accepted applicants if approved by at least two-thirds (2/3) of the membership of the board.

Amended by Act 2017, No. 397,§ 7, eff. 8/1/2017.

Acts 1971, No. 706, § 12; A.S.A. 1947, § 72-426; Acts 1989 (3rd Ex. Sess.), No. 30, § 3.
Ark. Code Ann. § 17-87-701 — AR Code / Title 17 / Chapter 87 / Subchapter 7 / Section 17-87-701
Definitions
Status: in_force

As used in this subchapter: (1) "Board" means the Arkansas State Board of Nursing; (2) "Designated facility" means a type of facility determined by the board as an environment in which medication assistive persons may serve in accordance with the requirements of this subchapter and rules promulgated by the board; (3) "Medication assistive person" means a person who is certified by the board to administer certain nonprescription and legend drugs in designated facilities; and (4) "Supervision" means the active oversight of patient care services while on the premises of a designated facility in a manner defined by the board. Amended by Act 2019, No. 315,§ 1543, eff. 7/24/2019. Acts 2005, No. 1423, § 4.

As used in this subchapter:

(1) "Board" means the Arkansas State Board of Nursing;

(2) "Designated facility" means a type of facility determined by the board as an environment in which medication assistive persons may serve in accordance with the requirements of this subchapter and rules promulgated by the board;

(3) "Medication assistive person" means a person who is certified by the board to administer certain nonprescription and legend drugs in designated facilities; and

(4) "Supervision" means the active oversight of patient care services while on the premises of a designated facility in a manner defined by the board.

Amended by Act 2019, No. 315,§ 1543, eff. 7/24/2019.

Acts 2005, No. 1423, § 4.
Ark. Code Ann. § 17-29-502 — AR Code / Title 17 / Chapter 29 / Subchapter 5 / Section 17-29-502
Status of funeral homes
Status: in_force

A funeral home is declared to be: (1) A service institution for the purpose of: (A) Zoning; (B) The occupation and enjoyment of property; and (C) The conduct and management of the funeral home; and (2) An establishment for practicing a skilled profession. Amended by Act 2015, No. 1095,§ 44, eff. 7/22/2015. Acts 1957, No. 241, § 1; A.S.A. 1947, § 71-917.

A funeral home is declared to be:

(1) A service institution for the purpose of: (A) Zoning; (B) The occupation and enjoyment of property; and (C) The conduct and management of the funeral home; and

(A) Zoning;

(B) The occupation and enjoyment of property; and

(C) The conduct and management of the funeral home; and

(2) An establishment for practicing a skilled profession.

Amended by Act 2015, No. 1095,§ 44, eff. 7/22/2015.

Acts 1957, No. 241, § 1; A.S.A. 1947, § 71-917.
Ark. Code Ann. § 17-82-209 — AR Code / Title 17 / Chapter 82 / Subchapter 2 / Section 17-82-209
Expenses - Compensation of members and employees
Status: in_force

(a) The Arkansas State Board of Dental Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its function. (b) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) The board shall fix the salary of the Secretary-treasurer of the Arkansas State Board of Dental Examiners. (d) All of the disbursements provided for in this section shall be made out of the fees and fines collected by the board. Amended by Act 2019, No. 910,§ 4873, eff. 7/1/2019. Acts 1955, No. 14, § 32; 1959, No. 4, § 4; 1969, No. 91, § 6; 1977, No. 258, § 5; 1981, No. 889, § 7; A.S.A. 1947, § 72-565; Acts 1987, No. 289, § 1; 1997, No. 250, § 155.

(a) The Arkansas State Board of Dental Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its function.

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

(c) The board shall fix the salary of the Secretary-treasurer of the Arkansas State Board of Dental Examiners.

(d) All of the disbursements provided for in this section shall be made out of the fees and fines collected by the board.

Amended by Act 2019, No. 910,§ 4873, eff. 7/1/2019.

Acts 1955, No. 14, § 32; 1959, No. 4, § 4; 1969, No. 91, § 6; 1977, No. 258, § 5; 1981, No. 889, § 7; A.S.A. 1947, § 72-565; Acts 1987, No. 289, § 1; 1997, No. 250, § 155.
Ark. Code Ann. § 17-103-309 — AR Code / Title 17 / Chapter 103 / Subchapter 3 / Section 17-103-309
Practice by electronic, telephonic, or other means
Status: in_force

The provision of social work services to a client within this state through any means, including without limitation electronic means or by telephone, regardless of the location of the social worker, constitutes the practice of social work and is subject to this chapter and to rules adopted under this chapter. Added by Act 2015, No. 1170,§ 7, eff. 7/22/2015.

The provision of social work services to a client within this state through any means, including without limitation electronic means or by telephone, regardless of the location of the social worker, constitutes the practice of social work and is subject to this chapter and to rules adopted under this chapter.

Added by Act 2015, No. 1170,§ 7, eff. 7/22/2015.
Ark. Code Ann. § 17-105-104 — AR Code / Title 17 / Chapter 105 / Section 17-105-104
Inactive license
Status: in_force

Any physician assistant who notifies the Arkansas State Medical Board in writing on forms prescribed by the board may elect to place his or her license on an inactive status. A physician assistant with an inactive license shall be excused from payment of renewal fees and shall not practice as a physician assistant. Any licensee who engages in practice while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under § 17-105-113 . A physician assistant requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to meet the criteria for renewal as specified in § 17-105-105 . Acts 1999, No. 851, § 4.

Any physician assistant who notifies the Arkansas State Medical Board in writing on forms prescribed by the board may elect to place his or her license on an inactive status. A physician assistant with an inactive license shall be excused from payment of renewal fees and shall not practice as a physician assistant. Any licensee who engages in practice while his or her license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under § 17-105-113 . A physician assistant requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to meet the criteria for renewal as specified in § 17-105-105 .

Acts 1999, No. 851, § 4.
Ark. Code Ann. § 17-98-306 — AR Code / Title 17 / Chapter 98 / Subchapter 3 / Section 17-98-306
Refusal to renew - Suspension or revocation
Status: in_force

The State Board of Health may refuse to renew or may suspend or revoke a certificate upon proof that the applicant is guilty of fraud, deceit, gross negligence, incompetency, or misconduct relative to his or her duties as a disease intervention specialist. Amended by Act 2023, No. 365,§ 54, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 114, eff. 7/24/2019. Acts 1993, No. 107, § 15.

The State Board of Health may refuse to renew or may suspend or revoke a certificate upon proof that the applicant is guilty of fraud, deceit, gross negligence, incompetency, or misconduct relative to his or her duties as a disease intervention specialist.

Amended by Act 2023, No. 365,§ 54, eff. 7/1/2023.

Amended by Act 2019, No. 990,§ 114, eff. 7/24/2019.

Acts 1993, No. 107, § 15.
Ark. Code Ann. § 17-26-103 — AR Code / Title 17 / Chapter 26 / Subchapter 1 / Section 17-26-103
Scope of chapter
Status: in_force

(a) The following persons are exempt from this chapter: (1) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathy, chiropractic, naturopathy, or podiatry; (2) Barbers insofar as their usual and ordinary vocation and profession is concerned; (3) Employees employed to render cosmetological services in the course of and incidental to the business of employers engaged in the theatrical, radio, television, or motion picture production industry; (4) Individuals and employees rendering cosmetological services in the course of, in connection with, and incidental to the preparation of bodies for burial, or the business of embalmers and undertakers; (5) Direct-care staff as defined in § 20-10-1401 who provide routine personal hygiene and related daily care services to residents of nursing facilities as defined in § 20-10-1401 and for which the fee is included in the monthly facility charges; (6) Relatives of residents of nursing facilities as defined in § 20-10-1401 who provide cosmetological services to a related resident of a nursing facility; (7) (A) Registered hairstylists that only provide the washing, cleansing, drying, blow drying, combing, brushing, or styling of the hair of any person. (B) A registered hairstylist in a cosmetology establishment may provide services only when supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer; and (8) An individual who only cleanses the hair of any person for compensation. (b) This chapter does not prohibit any practice within its scope in cases of emergency, nor the administration of any practice outside of a licensed school of cosmetology or cosmetological establishment when necessary because of the illness or other physical incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed cosmetological establishment. (c) This chapter does not prohibit the recommendation, demonstration, administration, or sale of cosmetics by any person not claiming to be a cosmetologist. Amended by Act 2021, No. 957,§ 3, eff. 7/28/2021. Acts 1955, No. 358, Art. 2, §§ 3, 4; A.S.A. 1947, §§ 71-828, 71-829; Acts 2003, No. 680, § 3; 2007, No. 223, § 2.

(a) The following persons are exempt from this chapter: (1) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathy, chiropractic, naturopathy, or podiatry; (2) Barbers insofar as their usual and ordinary vocation and profession is concerned; (3) Employees employed to render cosmetological services in the course of and incidental to the business of employers engaged in the theatrical, radio, television, or motion picture production industry; (4) Individuals and employees rendering cosmetological services in the course of, in connection with, and incidental to the preparation of bodies for burial, or the business of embalmers and undertakers; (5) Direct-care staff as defined in § 20-10-1401 who provide routine personal hygiene and related daily care services to residents of nursing facilities as defined in § 20-10-1401 and for which the fee is included in the monthly facility charges; (6) Relatives of residents of nursing facilities as defined in § 20-10-1401 who provide cosmetological services to a related resident of a nursing facility; (7) (A) Registered hairstylists that only provide the washing, cleansing, drying, blow drying, combing, brushing, or styling of the hair of any person. (B) A registered hairstylist in a cosmetology establishment may provide services only when supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer; and (8) An individual who only cleanses the hair of any person for compensation.

(1) All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathy, chiropractic, naturopathy, or podiatry;

(2) Barbers insofar as their usual and ordinary vocation and profession is concerned;

(3) Employees employed to render cosmetological services in the course of and incidental to the business of employers engaged in the theatrical, radio, television, or motion picture production industry;

(4) Individuals and employees rendering cosmetological services in the course of, in connection with, and incidental to the preparation of bodies for burial, or the business of embalmers and undertakers;

(5) Direct-care staff as defined in § 20-10-1401 who provide routine personal hygiene and related daily care services to residents of nursing facilities as defined in § 20-10-1401 and for which the fee is included in the monthly facility charges;

(6) Relatives of residents of nursing facilities as defined in § 20-10-1401 who provide cosmetological services to a related resident of a nursing facility;

(7) (A) Registered hairstylists that only provide the washing, cleansing, drying, blow drying, combing, brushing, or styling of the hair of any person. (B) A registered hairstylist in a cosmetology establishment may provide services only when supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer; and

(A) Registered hairstylists that only provide the washing, cleansing, drying, blow drying, combing, brushing, or styling of the hair of any person.

(B) A registered hairstylist in a cosmetology establishment may provide services only when supervised by a licensed cosmetologist who is available to address health and safety issues that may arise in providing services to a consumer; and

(8) An individual who only cleanses the hair of any person for compensation.

(b) This chapter does not prohibit any practice within its scope in cases of emergency, nor the administration of any practice outside of a licensed school of cosmetology or cosmetological establishment when necessary because of the illness or other physical incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed cosmetological establishment.

(c) This chapter does not prohibit the recommendation, demonstration, administration, or sale of cosmetics by any person not claiming to be a cosmetologist.

Amended by Act 2021, No. 957,§ 3, eff. 7/28/2021.

Acts 1955, No. 358, Art. 2, §§ 3, 4; A.S.A. 1947, §§ 71-828, 71-829; Acts 2003, No. 680, § 3; 2007, No. 223, § 2.
Ark. Code Ann. § 17-18-102 — AR Code / Title 17 / Chapter 18 / Section 17-18-102
Penalty
Status: in_force

A person who violates this chapter or a rule hereunder shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500). Amended by Act 2019, No. 315,§ 1356, eff. 7/24/2019. Acts 1963, No. 108, § 6; A.S.A. 1947, § 75-1806.

A person who violates this chapter or a rule hereunder shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500).

Amended by Act 2019, No. 315,§ 1356, eff. 7/24/2019.

Acts 1963, No. 108, § 6; A.S.A. 1947, § 75-1806.
Ark. Code Ann. § 17-42-313 — AR Code / Title 17 / Chapter 42 / Subchapter 3 / Section 17-42-313
Dismissal of complaint - Appeal
Status: in_force

(a) Any person whose complaint against a licensed real estate broker or salesperson is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to and in accordance with the following provisions: (1) The request for appeal must be in writing and received in the office of the commission not later than sixty (60) days following the date of dismissal by the executive director; (2) The request for appeal must be accompanied by such filing fee as the commission may require pursuant to § 17-42-304 ; and (3) (A) (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission. (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed. (B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant. (C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived. (b) (1) All appeals duly perfected pursuant to subsection (a) of this section shall be presented to and decided by the commission on the written record. (2) Such a decision may be to affirm the executive director's dismissal, to order additional investigation, or to order a hearing on the complaint. Acts 1993, No. 690, § 18.

(a) Any person whose complaint against a licensed real estate broker or salesperson is dismissed by the Executive Director of the Arkansas Real Estate Commission without a hearing may appeal the dismissal to the Arkansas Real Estate Commission subject to and in accordance with the following provisions: (1) The request for appeal must be in writing and received in the office of the commission not later than sixty (60) days following the date of dismissal by the executive director; (2) The request for appeal must be accompanied by such filing fee as the commission may require pursuant to § 17-42-304 ; and (3) (A) (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission. (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed. (B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant. (C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived.

(1) The request for appeal must be in writing and received in the office of the commission not later than sixty (60) days following the date of dismissal by the executive director;

(2) The request for appeal must be accompanied by such filing fee as the commission may require pursuant to § 17-42-304 ; and

(3) (A) (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission. (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed. (B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant. (C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived.

(A) (i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission. (ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed.

(i) The appellant must also pay the cost of preparing the record for the commission's review, which cost shall be determined by the commission.

(ii) The costs must be paid by the appellant within thirty (30) days after notification of the amount. Otherwise, the appeal will be dismissed.

(B) However, if the commission's review results in a hearing being ordered on the complaint, both the filing fee and the cost of preparing the record shall be refunded to the appellant.

(C) Any person who is indigent and unable to pay either the filing fee or the cost of the record, or both, may file a pauper's oath in such form as required by the commission, and, if the commission determines that the appellant is indeed indigent, the filing fee or cost of the record, or both, shall be waived.

(b) (1) All appeals duly perfected pursuant to subsection (a) of this section shall be presented to and decided by the commission on the written record. (2) Such a decision may be to affirm the executive director's dismissal, to order additional investigation, or to order a hearing on the complaint.

(1) All appeals duly perfected pursuant to subsection (a) of this section shall be presented to and decided by the commission on the written record.

(2) Such a decision may be to affirm the executive director's dismissal, to order additional investigation, or to order a hearing on the complaint.

Acts 1993, No. 690, § 18.
Ark. Code Ann. § 17-99-304 — AR Code / Title 17 / Chapter 99 / Subchapter 3 / Section 17-99-304
Reciprocity
Status: in_force

(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for registration and licensure were at the time of his or her registration or licensure equal to the requirements contained in this chapter may be registered and issued a license by the Arkansas State Medical Board if the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board. (b) The issuance of the license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide rules governing such admission as it may deem necessary or desirable. Amended by Act 2019, No. 315,§ 1646, eff. 7/24/2019. Acts 1969, No. 168, § 11; A.S.A. 1947, § 72-1611; Acts 1987, No. 952, § 9.

(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for registration and licensure were at the time of his or her registration or licensure equal to the requirements contained in this chapter may be registered and issued a license by the Arkansas State Medical Board if the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board.

(b) The issuance of the license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide rules governing such admission as it may deem necessary or desirable.

Amended by Act 2019, No. 315,§ 1646, eff. 7/24/2019.

Acts 1969, No. 168, § 11; A.S.A. 1947, § 72-1611; Acts 1987, No. 952, § 9.
Ark. Code Ann. § 17-26-312 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-312
Issuance of license
Status: in_force

(a) Persons who pass any examination under this chapter shall receive a license from the Cosmetology Technical Advisory Committee. (b) This license, except for renewal fees, entitles the holder to engage in the practice of the specified branch of cosmetology upon the public in a licensed cosmetological establishment, except as provided in § 17-26-102(3)(B) . Acts 1955, No. 358, Art. 6, § 3; A.S.A. 1947, § 71-841; Acts 2007, No. 223, § 22.

(a) Persons who pass any examination under this chapter shall receive a license from the Cosmetology Technical Advisory Committee.

(b) This license, except for renewal fees, entitles the holder to engage in the practice of the specified branch of cosmetology upon the public in a licensed cosmetological establishment, except as provided in § 17-26-102(3)(B) .

Acts 1955, No. 358, Art. 6, § 3; A.S.A. 1947, § 71-841; Acts 2007, No. 223, § 22.
Ark. Code Ann. § 17-32-301 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-301
Unlawful actions
Status: in_force

(a) It shall be unlawful for any person to publicly practice or offer to publicly practice geology in this state or to use in connection with his or her name, or otherwise assume, or advertise, any title or description tending to convey the impression that he or she is a registered geologist unless the person has been registered or exempted under this chapter. (b) The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his or her certificate of registration, and shall not be transferable. (c) It shall be unlawful for any person other than a registered geologist, a registered certified specialty geologist, or a subordinate under the direction of one (1) of the above to prepare any geologic plans, reports, or documents in which the performance is related to the public welfare or safeguarding of life, health, property, or the environment. (d) It shall be unlawful for anyone other than a geologist registered under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist or to use in any manner the title "registered geologist" or the title "registered certified specialty geologist" unless registered and certified under this chapter. (e) It shall be unlawful for any person to affix his or her signature or to stamp or seal any plans, plats, reports, or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked unless the certificate has been renewed or reissued. Acts 1987, No. 470, §§ 10, 26; 1987, No. 701, §§ 10, 27.

(a) It shall be unlawful for any person to publicly practice or offer to publicly practice geology in this state or to use in connection with his or her name, or otherwise assume, or advertise, any title or description tending to convey the impression that he or she is a registered geologist unless the person has been registered or exempted under this chapter.

(b) The right to engage in the practice of geology shall be deemed a personal right, based on the qualifications of the individual as evidenced by his or her certificate of registration, and shall not be transferable.

(c) It shall be unlawful for any person other than a registered geologist, a registered certified specialty geologist, or a subordinate under the direction of one (1) of the above to prepare any geologic plans, reports, or documents in which the performance is related to the public welfare or safeguarding of life, health, property, or the environment.

(d) It shall be unlawful for anyone other than a geologist registered under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a registered geologist or registered certified specialty geologist or to use in any manner the title "registered geologist" or the title "registered certified specialty geologist" unless registered and certified under this chapter.

(e) It shall be unlawful for any person to affix his or her signature or to stamp or seal any plans, plats, reports, or other documents after the certification of the registrant named thereon has expired or has been suspended or revoked unless the certificate has been renewed or reissued.

Acts 1987, No. 470, §§ 10, 26; 1987, No. 701, §§ 10, 27.
Ark. Code Ann. § 17-95-1110 — AR Code / Title 17 / Chapter 95 / Subchapter 11 / Section 17-95-1110
Surrendering license due to retirement
Status: in_force

(a) In order to retire his or her license, a licensed genetic counselor shall file an affidavit with the Arkansas State Medical Board stating the date on which the individual will retire or has retired and other information determined necessary by the board. (b) If a licensed genetic counselor retires his or her license as described in subsection (a) of this section, the individual shall apply for licensure as provided in § 17-95-1106 and is not liable for renewal fees that may accrue during the retirement period. Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.

(a) In order to retire his or her license, a licensed genetic counselor shall file an affidavit with the Arkansas State Medical Board stating the date on which the individual will retire or has retired and other information determined necessary by the board.

(b) If a licensed genetic counselor retires his or her license as described in subsection (a) of this section, the individual shall apply for licensure as provided in § 17-95-1106 and is not liable for renewal fees that may accrue during the retirement period.

Added by Act 2019, No. 686,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-14-101 — AR Code / Title 17 / Chapter 14 / Subchapter 1 / Section 17-14-101
Title
Status: in_force

Section 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. shall be known and may be cited as the "Arkansas Appraiser Licensing and Certification Act". Acts 1991, No. 416, § 1; 1991, No. 541, § 1; 2009, No. 628, § 2.

Section 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. shall be known and may be cited as the "Arkansas Appraiser Licensing and Certification Act".

Acts 1991, No. 416, § 1; 1991, No. 541, § 1; 2009, No. 628, § 2.
Ark. Code Ann. § 17-56-201 — AR Code / Title 17 / Chapter 56 / Subchapter 2 / Section 17-56-201
[Repealed]
Status: repealed

Repealed by Act 2021, No. 491,§ 1, eff. 7/28/2021. Added by Act 2017, No. 985,§ 1, eff. 8/1/2017.

Repealed by Act 2021, No. 491,§ 1, eff. 7/28/2021.

Added by Act 2017, No. 985,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 17-15-204 — AR Code / Title 17 / Chapter 15 / Subchapter 2 / Section 17-15-204
Records and reports
Status: in_force

(a) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall keep a record of its proceedings and a register of all applications for registration that shall show: (1) Name, age, and residence of the applicant; (2) Date of application; (3) Educational and other qualifications; (4) Whether or not an examination was required; (5) Whether the applicant was rejected; (6) Whether a certificate of registration was granted; (7) Date of the action of the board; and (8) Any other information as may be deemed necessary by the board. (b) A roster showing the names, addresses, and places of business of all registered architects, registered landscape architects, and registered interior designers shall be prepared by the secretary of the board at least one time each year. Acts 1941, No. 270, § 3; A.S.A. 1947, § 71-303; Acts 2009, No. 1367, § 7.

(a) The Arkansas State Board of Architects, Landscape Architects, and Interior Designers shall keep a record of its proceedings and a register of all applications for registration that shall show: (1) Name, age, and residence of the applicant; (2) Date of application; (3) Educational and other qualifications; (4) Whether or not an examination was required; (5) Whether the applicant was rejected; (6) Whether a certificate of registration was granted; (7) Date of the action of the board; and (8) Any other information as may be deemed necessary by the board.

(1) Name, age, and residence of the applicant;

(2) Date of application;

(3) Educational and other qualifications;

(4) Whether or not an examination was required;

(5) Whether the applicant was rejected;

(6) Whether a certificate of registration was granted;

(7) Date of the action of the board; and

(8) Any other information as may be deemed necessary by the board.

(b) A roster showing the names, addresses, and places of business of all registered architects, registered landscape architects, and registered interior designers shall be prepared by the secretary of the board at least one time each year.

Acts 1941, No. 270, § 3; A.S.A. 1947, § 71-303; Acts 2009, No. 1367, § 7.
Ark. Code Ann. § 17-32-310 — AR Code / Title 17 / Chapter 32 / Subchapter 3 / Section 17-32-310
Seal authorized - Authentication of documents
Status: in_force

(a) Each registrant under this chapter, upon issuance of a certificate of registration, may purchase from a source approved by the State Board of Registration for Professional Geologists a seal of such design as is authorized by the board, bearing the registrant's name, the name of this state, and the legend "Registered Professional Geologist" or "Certified (sub-specialty) Geologist". (b) All drawings, reports, or other geologic papers or documents involving the practice of geology which shall have been prepared or approved by a registered geologist, or a subordinate employee under his or her direction, for the use of or for delivery to any person, or for public record within this state, shall be signed by him or her and impressed with the seal provided for in this section or with the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them. Acts 1987, No. 470, § 20; 1987, No. 701, § 21.

(a) Each registrant under this chapter, upon issuance of a certificate of registration, may purchase from a source approved by the State Board of Registration for Professional Geologists a seal of such design as is authorized by the board, bearing the registrant's name, the name of this state, and the legend "Registered Professional Geologist" or "Certified (sub-specialty) Geologist".

(b) All drawings, reports, or other geologic papers or documents involving the practice of geology which shall have been prepared or approved by a registered geologist, or a subordinate employee under his or her direction, for the use of or for delivery to any person, or for public record within this state, shall be signed by him or her and impressed with the seal provided for in this section or with the seal of a nonresident practicing under this chapter, either of which shall indicate his or her responsibility for them.

Acts 1987, No. 470, § 20; 1987, No. 701, § 21.
Ark. Code Ann. § 17-26-307 — AR Code / Title 17 / Chapter 26 / Subchapter 3 / Section 17-26-307
Electrology instructors - Prerequisites to examination
Status: in_force

The Department of Health shall admit to examination for license as an electrology instructor any person who has made application to the department in proper form, has paid the fee required, and who: (1) Is not less than twenty-one (21) years of age; (2) Holds a valid Arkansas license as an electrologist; and (3) Has had three (3) years of practical experience as an electrologist in the State of Arkansas within the past five (5) years. Acts 1955, No. 358, Art. 4, § 3; A.S.A. 1947, § 71-835; Acts 2007, No. 223, § 18; 2009, No. 4, § 7.

The Department of Health shall admit to examination for license as an electrology instructor any person who has made application to the department in proper form, has paid the fee required, and who:

(1) Is not less than twenty-one (21) years of age;

(2) Holds a valid Arkansas license as an electrologist; and

(3) Has had three (3) years of practical experience as an electrologist in the State of Arkansas within the past five (5) years.

Acts 1955, No. 358, Art. 4, § 3; A.S.A. 1947, § 71-835; Acts 2007, No. 223, § 18; 2009, No. 4, § 7.
Ark. Code Ann. § 17-92-109 — AR Code / Title 17 / Chapter 92 / Subchapter 1 / Section 17-92-109
[Repealed]
Status: repealed

Repealed by Act 2019, No. 309,§ 1, eff. 7/24/2019. Acts 1987, No. 101, § 4; 1997, No. 437, § 3.

Repealed by Act 2019, No. 309,§ 1, eff. 7/24/2019.

Acts 1987, No. 101, § 4; 1997, No. 437, § 3.
Ark. Code Ann. § 17-25-305 — AR Code / Title 17 / Chapter 25 / Subchapter 3 / Section 17-25-305
Applicant qualifications
Status: in_force

(a) The Contractors Licensing Board, in determining the qualifications of any applicant for an original license or any renewal license, shall, among other things, consider the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Equipment; (6) Any other fact tending to show ability and willingness to conserve the public health and safety; and (7) Default in complying with the provisions of this chapter or another law of the state. (b) The board may develop reciprocal agreements with other states with similar licensing responsibilities. (c) In addition to the offenses listed in § 17-3-102 , the board may consider the following offenses when determining fitness for licensure or registration of a contractor under this chapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration. Amended by Act 2019, No. 990,§ 27, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 26, eff. 7/24/2019. Acts 1965, No. 150, § 9; A.S.A. 1947, § 71-709; Acts 1997, No. 335, § 2.

(a) The Contractors Licensing Board, in determining the qualifications of any applicant for an original license or any renewal license, shall, among other things, consider the following: (1) Experience; (2) Ability; (3) The manner of performance of previous contracts; (4) Financial condition; (5) Equipment; (6) Any other fact tending to show ability and willingness to conserve the public health and safety; and (7) Default in complying with the provisions of this chapter or another law of the state.

(1) Experience;

(2) Ability;

(3) The manner of performance of previous contracts;

(4) Financial condition;

(5) Equipment;

(6) Any other fact tending to show ability and willingness to conserve the public health and safety; and

(7) Default in complying with the provisions of this chapter or another law of the state.

(b) The board may develop reciprocal agreements with other states with similar licensing responsibilities.

(c) In addition to the offenses listed in § 17-3-102 , the board may consider the following offenses when determining fitness for licensure or registration of a contractor under this chapter: (1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States; (2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ; (3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and (4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.

(1) Conviction of a crime with an element of dishonesty or fraud under the laws of this state, another state, or the United States;

(2) Conviction of voyeurism as prohibited in §§ 5-16-101 and 5-16-102 ;

(3) Conviction under the Arkansas Hot Check Law, § 5-37-301 et seq.; and

(4) (A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor. (B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.

(A) A crime or act that is substantially related to the qualifications, functions, or duties of a contractor.

(B) A crime or act may be deemed substantially related to the qualifications, functions, or duties of a contractor if, to a substantial degree, the crime or act evidences present or potential unfitness of a person applying for or holding a contractor's license or registration to perform the functions authorized by the license or registration.

Amended by Act 2019, No. 990,§ 27, eff. 7/24/2019.

Amended by Act 2019, No. 990,§ 26, eff. 7/24/2019.

Acts 1965, No. 150, § 9; A.S.A. 1947, § 71-709; Acts 1997, No. 335, § 2.
Ark. Code Ann. § 17-42-409 — AR Code / Title 17 / Chapter 42 / Subchapter 4 / Section 17-42-409
Subrogation - Suspension of license
Status: in_force

Upon the payment by the Arkansas Real Estate Commission of any amount of money under the provisions of § 17-42-406 : (1) The recipients of the payment, to the extent of the payment, shall assign to the commission all rights and claims that they may have against the licensee involved; (2) The commission shall be subrogated to all of the rights of the recipients of the payment, to the extent of the payment; and (3) In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the commission for the payment, plus interest at a rate to be determined by the commission. The rate shall not exceed ten percent (10%) per annum. Acts 1993, No. 690, § 22.

Upon the payment by the Arkansas Real Estate Commission of any amount of money under the provisions of § 17-42-406 :

(1) The recipients of the payment, to the extent of the payment, shall assign to the commission all rights and claims that they may have against the licensee involved;

(2) The commission shall be subrogated to all of the rights of the recipients of the payment, to the extent of the payment; and

(3) In addition to any other disciplinary action taken against the licensee on the merits of the hearing, his or her license shall be immediately suspended until he or she has completely reimbursed the commission for the payment, plus interest at a rate to be determined by the commission. The rate shall not exceed ten percent (10%) per annum.

Acts 1993, No. 690, § 22.
Ark. Code Ann. § 17-50-201 — AR Code / Title 17 / Chapter 50 / Subchapter 2 / Section 17-50-201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 691,§ 122, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 25, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 106, eff. 7/1/2019. Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005; Acts 1995, No. 840, § 1; 1997, No. 250, § 152.

Repealed by Act 2023, No. 691,§ 122, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 25, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 106, eff. 7/1/2019.

Acts 1969, No. 641, § 5; 1979, No. 80, § 1; A.S.A. 1947, § 21-2005; Acts 1995, No. 840, § 1; 1997, No. 250, § 152.
Ark. Code Ann. § 17-93-402 — AR Code / Title 17 / Chapter 93 / Subchapter 4 / Section 17-93-402
Definitions
Status: in_force

As used in this subchapter: (1) "Athlete" means an individual who is participating in organized athletic or team activities at the interscholastic, intramural, intercollegiate, or professional level, or sanctioned recreational sports activities; (2) "Athletic injury or illness" means an injury or illness sustained by the athlete as a result of participation in those organized athletic or team activities which require physical strength, agility, flexibility, range of motion, speed, or stamina, or any comparable injury or illness to an athlete which prevents the person from participating in activities described in subdivision (1) of this section; (3) "Athletic trainer" means a person licensed by the state to engage in athletic training; (4) "Athletic training" means the prevention, recognition, evaluation, treatment, and rehabilitation of an athletic injury or illness and the organization and administration of exercise, conditioning, and athletic training programs; (5) "Clinical setting" means a hospital or outpatient clinic; (6) "Direct supervision" means supervision of the athletic trainer in a clinical setting by the supervising physical therapist or physician who is readily available for consultation for the care of the athlete and is on the premises; (7) "Direction" means direction of the athletic trainer in a nonclinical setting by a physician who is readily available for consultation for the care of the athlete but not necessarily on the premises; (8) "License" means the document issued by the Arkansas State Board of Athletic Training to a qualified person to practice athletic training; and (9) "Sanctioned recreational sports activities" means any athletic or team activity which requires physical strength, agility, flexibility, range of motion, speed, or stamina and meets one (1) or more of the following: (A) Has officially designated coaches who have the responsibility for athletic activities of the organization; (B) Has a regular schedule of practices or workouts which are supervised by the officially designated coaches; (C) Is an activity generally recognized as having an established schedule of competitive events or exhibitions; and (D) Has a policy requiring documentation of having passed a preparticipation medical examination conducted by a licensed physician as a condition for participation for the athletic activities of the organization. Amended by Act 2021, No. 348,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 348,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 386,§ 47, eff. 7/24/2019. Acts 1995, No. 1279, § 2; 2001, No. 1124, § 1.

As used in this subchapter:

(1) "Athlete" means an individual who is participating in organized athletic or team activities at the interscholastic, intramural, intercollegiate, or professional level, or sanctioned recreational sports activities;

(2) "Athletic injury or illness" means an injury or illness sustained by the athlete as a result of participation in those organized athletic or team activities which require physical strength, agility, flexibility, range of motion, speed, or stamina, or any comparable injury or illness to an athlete which prevents the person from participating in activities described in subdivision (1) of this section;

(3) "Athletic trainer" means a person licensed by the state to engage in athletic training;

(4) "Athletic training" means the prevention, recognition, evaluation, treatment, and rehabilitation of an athletic injury or illness and the organization and administration of exercise, conditioning, and athletic training programs;

(5) "Clinical setting" means a hospital or outpatient clinic;

(6) "Direct supervision" means supervision of the athletic trainer in a clinical setting by the supervising physical therapist or physician who is readily available for consultation for the care of the athlete and is on the premises;

(7) "Direction" means direction of the athletic trainer in a nonclinical setting by a physician who is readily available for consultation for the care of the athlete but not necessarily on the premises;

(8) "License" means the document issued by the Arkansas State Board of Athletic Training to a qualified person to practice athletic training; and

(9) "Sanctioned recreational sports activities" means any athletic or team activity which requires physical strength, agility, flexibility, range of motion, speed, or stamina and meets one (1) or more of the following: (A) Has officially designated coaches who have the responsibility for athletic activities of the organization; (B) Has a regular schedule of practices or workouts which are supervised by the officially designated coaches; (C) Is an activity generally recognized as having an established schedule of competitive events or exhibitions; and (D) Has a policy requiring documentation of having passed a preparticipation medical examination conducted by a licensed physician as a condition for participation for the athletic activities of the organization.

(A) Has officially designated coaches who have the responsibility for athletic activities of the organization;

(B) Has a regular schedule of practices or workouts which are supervised by the officially designated coaches;

(C) Is an activity generally recognized as having an established schedule of competitive events or exhibitions; and

(D) Has a policy requiring documentation of having passed a preparticipation medical examination conducted by a licensed physician as a condition for participation for the athletic activities of the organization.

Amended by Act 2021, No. 348,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 348,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 386,§ 47, eff. 7/24/2019.

Acts 1995, No. 1279, § 2; 2001, No. 1124, § 1.
Ark. Code Ann. § 17-90-106 — AR Code / Title 17 / Chapter 90 / Subchapter 1 / Section 17-90-106
Service of process on nonresident practitioner
Status: in_force

(a) (1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations having a designated agent for service of process within this state, shall be deemed equivalent to the appointment by the nonresident of the Secretary of State or his or her successor in office to be the true and lawful attorney and agent of the nonresident. (2) All lawful process in any action or proceedings against him or her or against any person, firm, or corporation growing out of any action done within this state which may be authorized or prohibited under this chapter may be served upon him or her. (3) The performance of the act shall be an agreement by the person, firm, or corporation that any such process against the person, firm, or corporation which is so served shall be of the same legal force and validity as if served on the person, firm, or corporation personally. (b) (1) Service of process shall be made by serving a copy of the process on the Secretary of State, and the service shall be sufficiently served upon the nonresident. (2) Notice of the service and a copy of the process must be forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address. (3) The defendant's return receipt or the affidavit of the plaintiff or his or her attorney of compliance therewith must be appended to the writ of process and entered and filed in the office of the circuit court wherein the cause is brought. (c) The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action. (d) Service of summons when obtained upon a nonresident person, firm, or corporation as provided in this section, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over the nonresident defendant and shall warrant and authorize personal judgment against the nonresident person, firm, or corporation if the plaintiff prevails in the action. Acts 1941, No. 94, § 14; A.S.A. 1947, § 72-817.

(a) (1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations having a designated agent for service of process within this state, shall be deemed equivalent to the appointment by the nonresident of the Secretary of State or his or her successor in office to be the true and lawful attorney and agent of the nonresident. (2) All lawful process in any action or proceedings against him or her or against any person, firm, or corporation growing out of any action done within this state which may be authorized or prohibited under this chapter may be served upon him or her. (3) The performance of the act shall be an agreement by the person, firm, or corporation that any such process against the person, firm, or corporation which is so served shall be of the same legal force and validity as if served on the person, firm, or corporation personally.

(1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations having a designated agent for service of process within this state, shall be deemed equivalent to the appointment by the nonresident of the Secretary of State or his or her successor in office to be the true and lawful attorney and agent of the nonresident.

(2) All lawful process in any action or proceedings against him or her or against any person, firm, or corporation growing out of any action done within this state which may be authorized or prohibited under this chapter may be served upon him or her.

(3) The performance of the act shall be an agreement by the person, firm, or corporation that any such process against the person, firm, or corporation which is so served shall be of the same legal force and validity as if served on the person, firm, or corporation personally.

(b) (1) Service of process shall be made by serving a copy of the process on the Secretary of State, and the service shall be sufficiently served upon the nonresident. (2) Notice of the service and a copy of the process must be forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address. (3) The defendant's return receipt or the affidavit of the plaintiff or his or her attorney of compliance therewith must be appended to the writ of process and entered and filed in the office of the circuit court wherein the cause is brought.

(1) Service of process shall be made by serving a copy of the process on the Secretary of State, and the service shall be sufficiently served upon the nonresident.

(2) Notice of the service and a copy of the process must be forthwith sent by registered mail by the plaintiff or his or her attorney to the defendant at his or her last known address.

(3) The defendant's return receipt or the affidavit of the plaintiff or his or her attorney of compliance therewith must be appended to the writ of process and entered and filed in the office of the circuit court wherein the cause is brought.

(c) The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.

(d) Service of summons when obtained upon a nonresident person, firm, or corporation as provided in this section, shall be deemed sufficient service of summons and process to give to any of the courts of this state jurisdiction over the cause of action and over the nonresident defendant and shall warrant and authorize personal judgment against the nonresident person, firm, or corporation if the plaintiff prevails in the action.

Acts 1941, No. 94, § 14; A.S.A. 1947, § 72-817.
Ark. Code Ann. § 17-47-306 — AR Code / Title 17 / Chapter 47 / Subchapter 3 / Section 17-47-306
Issuance - Form - Evidence
Status: in_force

(a) The Arkansas Natural Resources Commission shall issue a certificate of registration upon payment of the registration fee as provided for in § 17-47-307 to any applicant who, in the opinion of the commission, has met the requirements of this chapter. (b) Enrollment cards shall be issued to those who qualify as soil classifiers-in-training. (c) Certificates of registration shall carry the designation "professional soil classifier", shall show the full name of the registrant without any titles, shall be numbered, and shall be signed by the Chair of the Arkansas Natural Resources Commission. (d) The issuance of a certificate of registration by the commission shall be prima facie evidence that the person is entitled to all rights and privileges of a professional soil classifier during the term for which the certificate is valid, providing it has not been revoked or suspended. Amended by Act 2023, No. 691,§ 106, eff. 7/1/2023. Acts 1975, No. 460, § 12; A.S.A. 1947, § 71-2712.

(a) The Arkansas Natural Resources Commission shall issue a certificate of registration upon payment of the registration fee as provided for in § 17-47-307 to any applicant who, in the opinion of the commission, has met the requirements of this chapter.

(b) Enrollment cards shall be issued to those who qualify as soil classifiers-in-training.

(c) Certificates of registration shall carry the designation "professional soil classifier", shall show the full name of the registrant without any titles, shall be numbered, and shall be signed by the Chair of the Arkansas Natural Resources Commission.

(d) The issuance of a certificate of registration by the commission shall be prima facie evidence that the person is entitled to all rights and privileges of a professional soil classifier during the term for which the certificate is valid, providing it has not been revoked or suspended.

Amended by Act 2023, No. 691,§ 106, eff. 7/1/2023.

Acts 1975, No. 460, § 12; A.S.A. 1947, § 71-2712.
Ark. Code Ann. § 17-82-108 — AR Code / Title 17 / Chapter 82 / Subchapter 1 / Section 17-82-108
[Repealed]
Status: repealed

Repealed by Act 2023, No. 42,§ 1, eff. 8/1/2023. Acts 1955, No. 14, § 5; A.S.A. 1947, § 72-538.

Repealed by Act 2023, No. 42,§ 1, eff. 8/1/2023.

Acts 1955, No. 14, § 5; A.S.A. 1947, § 72-538.
Ark. Code Ann. § 17-16-115 — AR Code / Title 17 / Chapter 16 / Subchapter 1 / Section 17-16-115
Criminal penalties
Status: in_force

(a) An athlete agent who violates § 17-16-114(a) is guilty of a Class D felony. (b) An athlete agent who violates § 17-16-114(b) is guilty of a Class A misdemeanor. Acts 2001, No. 1622, § 13; 2011, No. 204, § 5.

(a) An athlete agent who violates § 17-16-114(a) is guilty of a Class D felony.

(b) An athlete agent who violates § 17-16-114(b) is guilty of a Class A misdemeanor.

Acts 2001, No. 1622, § 13; 2011, No. 204, § 5.
Ark. Code Ann. § 17-82-305 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-305
Dentists - Specialists - Licensing procedure
Status: in_force

(a) (1) A dentist in this state licensed by the Arkansas State Board of Dental Examiners who has complied with requirements as specified by the Council on Dental Education and Licensure of the American Dental Association in a specialty branch of dentistry or who has otherwise met the requirements of the rules promulgated by the board may apply for a certificate as a specialist. (2) (A) The application shall be accompanied by the payment of a fee to be prescribed by the board. (B) The fee shall be an amount reasonably calculated to cover the cost of the examination and other costs incurred by the board in issuing the certificate. (3) (A) The application shall be kept on file for at least sixty (60) days before the regular meeting of the board. (B) If the application is accepted, the applicant shall be notified to appear for an examination as defined by the rules of the board. (b) Examinations may be oral or written, or both, and the applicant may be required to demonstrate his or her knowledge and proficiency in the specialty in which he or she desires to be certified. (c) The board is authorized to certify specialists in all specialty areas approved by the American Dental Association. (d) A dentist not licensed by the board but who is eligible to take the Arkansas State Board Examination and is further eligible for specialty examination may take both examinations at the discretion of the board. (e) A licensed dentist shall not hold himself or herself out to the public as a specialist or publicly announce as being specifically qualified in any particular branch of dentistry or publicly announce as giving special attention to any branch of dentistry until he or she has been issued a certificate by the board authorizing him or her to do so. (f) A dentist in this state licensed by the board who on February 21, 1969, is limiting his or her practice to a particular branch of dentistry and who is holding himself or herself out to the public as a specialist in a particular branch of dentistry, upon application to the board, shall be certified as a specialist in that branch of dentistry and shall not be required to take the examination provided for in subsection (b) of this section. (g) (1) The issuing of a specialist license by the board is a special privilege granted to that member that allows him or her to announce to the public that he or she is especially qualified in a particular branch of dentistry. (2) The issuance of a specialist license does not limit a licensed dentist's ability to practice in any other area of dentistry for which the dentist is qualified, including general dentistry. (3) A dentist who has been issued a specialist license under this section may announce and hold himself or herself out to the public both as a specialist in the area covered by his or her specialty certificate and as a dentist who provides general dentistry services if the dentist practices his or her specialty at least fifty percent (50%) of the time that he or she practices dentistry during a calendar year. Amended by Act 2017, No. 489,§ 3, eff. 8/1/2017. Acts 1955, No. 14, § 20; 1959, No. 4, § 1; 1969, No. 91, § 5; 1973, No. 85, § 3; 1977, No. 258, §§ 2, 3; 1981, No. 889, § 3; A.S.A. 1947, § 72-553; Acts 1989, No. 365, § 1; 2003, No. 377, § 2.

(a) (1) A dentist in this state licensed by the Arkansas State Board of Dental Examiners who has complied with requirements as specified by the Council on Dental Education and Licensure of the American Dental Association in a specialty branch of dentistry or who has otherwise met the requirements of the rules promulgated by the board may apply for a certificate as a specialist. (2) (A) The application shall be accompanied by the payment of a fee to be prescribed by the board. (B) The fee shall be an amount reasonably calculated to cover the cost of the examination and other costs incurred by the board in issuing the certificate. (3) (A) The application shall be kept on file for at least sixty (60) days before the regular meeting of the board. (B) If the application is accepted, the applicant shall be notified to appear for an examination as defined by the rules of the board.

(1) A dentist in this state licensed by the Arkansas State Board of Dental Examiners who has complied with requirements as specified by the Council on Dental Education and Licensure of the American Dental Association in a specialty branch of dentistry or who has otherwise met the requirements of the rules promulgated by the board may apply for a certificate as a specialist.

(2) (A) The application shall be accompanied by the payment of a fee to be prescribed by the board. (B) The fee shall be an amount reasonably calculated to cover the cost of the examination and other costs incurred by the board in issuing the certificate.

(A) The application shall be accompanied by the payment of a fee to be prescribed by the board.

(B) The fee shall be an amount reasonably calculated to cover the cost of the examination and other costs incurred by the board in issuing the certificate.

(3) (A) The application shall be kept on file for at least sixty (60) days before the regular meeting of the board. (B) If the application is accepted, the applicant shall be notified to appear for an examination as defined by the rules of the board.

(A) The application shall be kept on file for at least sixty (60) days before the regular meeting of the board.

(B) If the application is accepted, the applicant shall be notified to appear for an examination as defined by the rules of the board.

(b) Examinations may be oral or written, or both, and the applicant may be required to demonstrate his or her knowledge and proficiency in the specialty in which he or she desires to be certified.

(c) The board is authorized to certify specialists in all specialty areas approved by the American Dental Association.

(d) A dentist not licensed by the board but who is eligible to take the Arkansas State Board Examination and is further eligible for specialty examination may take both examinations at the discretion of the board.

(e) A licensed dentist shall not hold himself or herself out to the public as a specialist or publicly announce as being specifically qualified in any particular branch of dentistry or publicly announce as giving special attention to any branch of dentistry until he or she has been issued a certificate by the board authorizing him or her to do so.

(f) A dentist in this state licensed by the board who on February 21, 1969, is limiting his or her practice to a particular branch of dentistry and who is holding himself or herself out to the public as a specialist in a particular branch of dentistry, upon application to the board, shall be certified as a specialist in that branch of dentistry and shall not be required to take the examination provided for in subsection (b) of this section.

(g) (1) The issuing of a specialist license by the board is a special privilege granted to that member that allows him or her to announce to the public that he or she is especially qualified in a particular branch of dentistry. (2) The issuance of a specialist license does not limit a licensed dentist's ability to practice in any other area of dentistry for which the dentist is qualified, including general dentistry. (3) A dentist who has been issued a specialist license under this section may announce and hold himself or herself out to the public both as a specialist in the area covered by his or her specialty certificate and as a dentist who provides general dentistry services if the dentist practices his or her specialty at least fifty percent (50%) of the time that he or she practices dentistry during a calendar year.

(1) The issuing of a specialist license by the board is a special privilege granted to that member that allows him or her to announce to the public that he or she is especially qualified in a particular branch of dentistry.

(2) The issuance of a specialist license does not limit a licensed dentist's ability to practice in any other area of dentistry for which the dentist is qualified, including general dentistry.

(3) A dentist who has been issued a specialist license under this section may announce and hold himself or herself out to the public both as a specialist in the area covered by his or her specialty certificate and as a dentist who provides general dentistry services if the dentist practices his or her specialty at least fifty percent (50%) of the time that he or she practices dentistry during a calendar year.

Amended by Act 2017, No. 489,§ 3, eff. 8/1/2017.

Acts 1955, No. 14, § 20; 1959, No. 4, § 1; 1969, No. 91, § 5; 1973, No. 85, § 3; 1977, No. 258, §§ 2, 3; 1981, No. 889, § 3; A.S.A. 1947, § 72-553; Acts 1989, No. 365, § 1; 2003, No. 377, § 2.
Ark. Code Ann. § 17-86-104 — AR Code / Title 17 / Chapter 86 / Subchapter 1 / Section 17-86-104
Criminal background checks
Status: in_force

An applicant applying for enrollment in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program or applying as a new massage therapy licensee, an individual applying for a new massage therapy school license, or a licensee applying for an upgrade issued by the Department of Health shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation. Amended by Act 2023, No. 45,§ 2, eff. 8/1/2023. Added by Act 2013, No. 1445,§ 2, eff. 8/16/2013.

An applicant applying for enrollment in a massage therapy school, postsecondary massage therapy school, or massage therapy apprenticeship program or applying as a new massage therapy licensee, an individual applying for a new massage therapy school license, or a licensee applying for an upgrade issued by the Department of Health shall apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.

Amended by Act 2023, No. 45,§ 2, eff. 8/1/2023.

Added by Act 2013, No. 1445,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 17-20-310 — AR Code / Title 17 / Chapter 20 / Subchapter 3 / Section 17-20-310
Civil penalty
Status: in_force

(a) Whenever the State Board of Barber Examiners, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that any person has violated any provision of this chapter or any rule promulgated by the board under this chapter, the board may impose a civil penalty on the person not to exceed two hundred fifty dollars ($250). (b) (1) If a licensed barber against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty. (2) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting the action. (c) Any person aggrieved by the action of the board imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions. Amended by Act 2017, No. 1060,§ 18, eff. 8/1/2017. Acts 1987, No. 563, §§ 2, 3; 1993, No. 1056, § 5.

(a) Whenever the State Board of Barber Examiners, after a hearing conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., determines that any person has violated any provision of this chapter or any rule promulgated by the board under this chapter, the board may impose a civil penalty on the person not to exceed two hundred fifty dollars ($250).

(b) (1) If a licensed barber against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty. (2) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting the action.

(1) If a licensed barber against whom a civil penalty has been imposed by the board fails to pay the penalty, the board may file an action in the Pulaski County Circuit Court to collect the civil penalty.

(2) If the board prevails in the action, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs incurred by the board in prosecuting the action.

(c) Any person aggrieved by the action of the board imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.

Amended by Act 2017, No. 1060,§ 18, eff. 8/1/2017.

Acts 1987, No. 563, §§ 2, 3; 1993, No. 1056, § 5.
Ark. Code Ann. § 17-82-303 — AR Code / Title 17 / Chapter 82 / Subchapter 3 / Section 17-82-303
Examinations
Status: in_force

(a) The Arkansas State Board of Dental Examiners has exclusive jurisdiction to determine who shall be permitted to practice dentistry and dental hygiene in the State of Arkansas. (b) To this end the board, at its regular annual meeting and at special meetings if it deems it necessary or expedient, shall conduct examinations, both written and clinical, of all qualified applicants who desire to practice dentistry or dental hygiene in the State of Arkansas. (c) The Arkansas State Board of Dental Examiners is authorized and directed to conduct at least two (2) examinations annually, both written and clinical, of qualified applicants who desire to practice dentistry in the State of Arkansas. Special meetings for those purposes may be held by the Arkansas State Board of Dental Examiners if it deems it necessary or expedient. The two (2) examinations to be held annually shall be scheduled in such a manner as to be conducted following the end of the fall and spring semesters of dental schools in order to accommodate, insofar as is practicable, the greater number of qualified applicants who wish to take examinations to practice dentistry in Arkansas shortly after completion of their regular dental schooling. (d) The Arkansas State Board of Dental Examiners may accept the results of the National Board Dental Examinations if it so desires and may cooperate with dental schools in other states for the administration of the clinical examination or may cooperate with other states in the administration of a regional clinical examination. (e) (1) The board shall determine what grade or percentage the applicant must make to entitle him or her to be licensed. (2) The grade or percentage shall be the same at any one (1) examination for all applicants. (f) The board may consider the conduct of the applicant during the examination as a factor in determining the grade or percentage to be given him or her. Acts 1955, No. 14, § 19; 1973, No. 85, § 2; 1974 (1st Ex. Sess.), No. 64, § 2; A.S.A. 1947, §§ 72-552, 72-552.1; Acts 2011, No. 47, § 2.

(a) The Arkansas State Board of Dental Examiners has exclusive jurisdiction to determine who shall be permitted to practice dentistry and dental hygiene in the State of Arkansas.

(b) To this end the board, at its regular annual meeting and at special meetings if it deems it necessary or expedient, shall conduct examinations, both written and clinical, of all qualified applicants who desire to practice dentistry or dental hygiene in the State of Arkansas.

(c) The Arkansas State Board of Dental Examiners is authorized and directed to conduct at least two (2) examinations annually, both written and clinical, of qualified applicants who desire to practice dentistry in the State of Arkansas. Special meetings for those purposes may be held by the Arkansas State Board of Dental Examiners if it deems it necessary or expedient. The two (2) examinations to be held annually shall be scheduled in such a manner as to be conducted following the end of the fall and spring semesters of dental schools in order to accommodate, insofar as is practicable, the greater number of qualified applicants who wish to take examinations to practice dentistry in Arkansas shortly after completion of their regular dental schooling.

(d) The Arkansas State Board of Dental Examiners may accept the results of the National Board Dental Examinations if it so desires and may cooperate with dental schools in other states for the administration of the clinical examination or may cooperate with other states in the administration of a regional clinical examination.

(e) (1) The board shall determine what grade or percentage the applicant must make to entitle him or her to be licensed. (2) The grade or percentage shall be the same at any one (1) examination for all applicants.

(1) The board shall determine what grade or percentage the applicant must make to entitle him or her to be licensed.

(2) The grade or percentage shall be the same at any one (1) examination for all applicants.

(f) The board may consider the conduct of the applicant during the examination as a factor in determining the grade or percentage to be given him or her.

Acts 1955, No. 14, § 19; 1973, No. 85, § 2; 1974 (1st Ex. Sess.), No. 64, § 2; A.S.A. 1947, §§ 72-552, 72-552.1; Acts 2011, No. 47, § 2.
Ark. Code Ann. § 17-105-114 — AR Code / Title 17 / Chapter 105 / Section 17-105-114
Disciplinary authority
Status: in_force

Upon finding that a physician assistant has committed any offense described in § 17-105-113 , the Arkansas State Medical Board may: (1) Refuse to grant a license; (2) Administer a public or private reprimand; (3) Revoke, suspend, limit, or otherwise restrict a license; (4) Require a physician assistant to submit to the care, counseling, or treatment of a physician or physicians designated by the board; (5) Suspend enforcement of its finding thereof and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or (6) Restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure which it may have imposed. Acts 1999, No. 851, § 14.

Upon finding that a physician assistant has committed any offense described in § 17-105-113 , the Arkansas State Medical Board may:

(1) Refuse to grant a license;

(2) Administer a public or private reprimand;

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

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

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

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

Acts 1999, No. 851, § 14.
Ark. Code Ann. § 17-38-401 — AR Code / Title 17 / Chapter 38 / Subchapter 4 / Section 17-38-401
Definitions
Status: in_force

As used in this subchapter: (1) "Apprentice plumber" means any person other than a journeyman plumber or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program; (2) "Board" means the Career Education and Workforce Development Board; and (3) [Repealed.] Amended by Act 2019, No. 910,§ 473, eff. 7/1/2019. Acts 1987, No. 768, § 1; 1991, No. 412, § 1.

As used in this subchapter:

(1) "Apprentice plumber" means any person other than a journeyman plumber or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program;

(2) "Board" means the Career Education and Workforce Development Board; and

(3) [Repealed.]

Amended by Act 2019, No. 910,§ 473, eff. 7/1/2019.

Acts 1987, No. 768, § 1; 1991, No. 412, § 1.
Ark. Code Ann. § 17-86-310 — AR Code / Title 17 / Chapter 86 / Subchapter 3 / Section 17-86-310
Display of license
Status: in_force

(a) An official license shall be conspicuously and publicly displayed in the place where the holder engages in the practice of massage therapy or instruction of massage therapy. A massage therapy school license shall be conspicuously displayed in the massage therapy school. (b) It is unlawful to tamper with or reduce in size an original massage therapy license issued by the Department of Health. (c) Each license shall provide the correct address of the department. Amended by Act 2015, No. 1020,§ 26, eff. 10/1/2015. Acts 1981, No. 875, § 10; A.S.A. 1947, § 72-1210; Acts 1991, No. 1217, § 1; 1993, No. 714, § 13; 1997, No. 840, § 16; 1999, No. 1461, § 18; 2009, No. 1305, § 11.

(a) An official license shall be conspicuously and publicly displayed in the place where the holder engages in the practice of massage therapy or instruction of massage therapy. A massage therapy school license shall be conspicuously displayed in the massage therapy school.

(b) It is unlawful to tamper with or reduce in size an original massage therapy license issued by the Department of Health.

(c) Each license shall provide the correct address of the department.

Amended by Act 2015, No. 1020,§ 26, eff. 10/1/2015.

Acts 1981, No. 875, § 10; A.S.A. 1947, § 72-1210; Acts 1991, No. 1217, § 1; 1993, No. 714, § 13; 1997, No. 840, § 16; 1999, No. 1461, § 18; 2009, No. 1305, § 11.
Ark. Code Ann. § 17-23-101 — AR Code / Title 17 / Chapter 23 / Subchapter 1 / Section 17-23-101
Definitions
Status: in_force

As used in this chapter: (1) (A) "Dealer" means a person, corporation, partnership, or other entity that engages in the business of purchasing precious metals or precious items, or both, for the purpose of reselling the items in any form. (B) "Dealer" does not include a person, corporation, partnership, or other entity engaged in a business that is exempted under § 17-23-102 ; (2) "Permanent place of business" means a fixed premises either owned by a person or leased by a person for a period of at least one (1) year and located in the State of Arkansas; (3) "Person" means any individual, partnership, corporation, association, or other business entity; (4) "Precious items" means precious or semiprecious stones or pearls whether mounted or unmounted; (5) "Precious metals" means an article made, in whole or in part, of gold, silver, platinum, or a combination of gold, silver, or platinum; (6) "Purchase" means the acquisition of a precious metal or a precious item, or both, for a consideration of cash, goods, or other precious metals or precious items; and (7) "Silver" means sterling silver. Amended by Act 2013, No. 1213,§ 1, eff. 8/16/2013. Acts 1981, No. 87, § 1; 1981, No. 541, § 1; A.S.A. 1947, § 71-5401; Acts 2011, No. 1037, § 1.

As used in this chapter:

(1) (A) "Dealer" means a person, corporation, partnership, or other entity that engages in the business of purchasing precious metals or precious items, or both, for the purpose of reselling the items in any form. (B) "Dealer" does not include a person, corporation, partnership, or other entity engaged in a business that is exempted under § 17-23-102 ;

(A) "Dealer" means a person, corporation, partnership, or other entity that engages in the business of purchasing precious metals or precious items, or both, for the purpose of reselling the items in any form.

(B) "Dealer" does not include a person, corporation, partnership, or other entity engaged in a business that is exempted under § 17-23-102 ;

(2) "Permanent place of business" means a fixed premises either owned by a person or leased by a person for a period of at least one (1) year and located in the State of Arkansas;

(3) "Person" means any individual, partnership, corporation, association, or other business entity;

(4) "Precious items" means precious or semiprecious stones or pearls whether mounted or unmounted;

(5) "Precious metals" means an article made, in whole or in part, of gold, silver, platinum, or a combination of gold, silver, or platinum;

(6) "Purchase" means the acquisition of a precious metal or a precious item, or both, for a consideration of cash, goods, or other precious metals or precious items; and

(7) "Silver" means sterling silver.

Amended by Act 2013, No. 1213,§ 1, eff. 8/16/2013.

Acts 1981, No. 87, § 1; 1981, No. 541, § 1; A.S.A. 1947, § 71-5401; Acts 2011, No. 1037, § 1.
Ark. Code Ann. § 17-40-328 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-328
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 76, eff. 9/1/2015. Acts 1977, No. 429, § 31; 1979, No. 907, § 19; 1981, No. 792, § 14; A.S.A. 1947, § 71-2152; Acts 1989, No. 926, § 13; 1995, No. 430, § 2; 1999, No. 1493, § 12.

Repealed by Act 2015, No. 393,§ 76, eff. 9/1/2015.

Acts 1977, No. 429, § 31; 1979, No. 907, § 19; 1981, No. 792, § 14; A.S.A. 1947, § 71-2152; Acts 1989, No. 926, § 13; 1995, No. 430, § 2; 1999, No. 1493, § 12.
Ark. Code Ann. § 17-14-307 — AR Code / Title 17 / Chapter 14 / Subchapter 3 / Section 17-14-307
Minimum qualifying requirements for registered appraiser
Status: in_force

In order to qualify as a state-registered appraiser, an applicant must: (1) Make application to the State Board of Appraisers, Abstracters, and Home Inspectors on approved forms which shall include an affidavit that states that the appraiser has read and understands: (A) The current edition of the Uniform Standards of Professional Appraisal Practice; (B) The board's statutes; and (C) The board's rules; (2) Attest in a statement to the verification of tenure and scope of practice as a fee appraiser making independent appraisal assignments; and (3) Meet any additional requirements which may from time to time be adopted by the board under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2023, No. 628,§ 33, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1342, eff. 7/24/2019. Acts 2001, No. 1256, § 15.

In order to qualify as a state-registered appraiser, an applicant must:

(1) Make application to the State Board of Appraisers, Abstracters, and Home Inspectors on approved forms which shall include an affidavit that states that the appraiser has read and understands: (A) The current edition of the Uniform Standards of Professional Appraisal Practice; (B) The board's statutes; and (C) The board's rules;

(A) The current edition of the Uniform Standards of Professional Appraisal Practice;

(B) The board's statutes; and

(C) The board's rules;

(2) Attest in a statement to the verification of tenure and scope of practice as a fee appraiser making independent appraisal assignments; and

(3) Meet any additional requirements which may from time to time be adopted by the board under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2023, No. 628,§ 33, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1342, eff. 7/24/2019.

Acts 2001, No. 1256, § 15.
Ark. Code Ann. § 17-29-702 — AR Code / Title 17 / Chapter 29 / Subchapter 7 / Section 17-29-702
Exemption from liability
Status: in_force

A properly certified funeral director or embalmer acting in accordance with the terms of this subchapter shall not be criminally or civilly liable for eye enucleation. Acts 1973, No. 425, § 2; A.S.A. 1947, § 71-921.

A properly certified funeral director or embalmer acting in accordance with the terms of this subchapter shall not be criminally or civilly liable for eye enucleation.

Acts 1973, No. 425, § 2; A.S.A. 1947, § 71-921.
Ark. Code Ann. § 17-44-106 — AR Code / Title 17 / Chapter 44 / Section 17-44-106
Penalties
Status: in_force

(a) A person who violates this chapter may be assessed a civil penalty of no more than one thousand dollars ($1,000) per violation. (b) Any person who knowingly gives false information with respect to the matters required to be maintained in the records provided for in this chapter is guilty of a Class A misdemeanor. Amended by Act 2013, No. 1354,§ 8, eff. 8/16/2013. Acts 2007, No. 749, § 6; 2009, No. 390, § 4; 2011, No. 1193, § 4.

(a) A person who violates this chapter may be assessed a civil penalty of no more than one thousand dollars ($1,000) per violation.

(b) Any person who knowingly gives false information with respect to the matters required to be maintained in the records provided for in this chapter is guilty of a Class A misdemeanor.

Amended by Act 2013, No. 1354,§ 8, eff. 8/16/2013.

Acts 2007, No. 749, § 6; 2009, No. 390, § 4; 2011, No. 1193, § 4.
Ark. Code Ann. § 17-40-356 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-356
Advertising
Status: in_force

Any time that a licensee is engaged in an activity regulated under this chapter, the licensee shall display the company name and license number or a statement referring to a website or toll-free number to obtain licensing information on all advertising and marketing materials, including without limitation letterhead, printed advertisements, electronic media advertisements, decals, and yard signs. Added by Act 2021, No. 61,§ 1, eff. 2/4/2021.

Any time that a licensee is engaged in an activity regulated under this chapter, the licensee shall display the company name and license number or a statement referring to a website or toll-free number to obtain licensing information on all advertising and marketing materials, including without limitation letterhead, printed advertisements, electronic media advertisements, decals, and yard signs.

Added by Act 2021, No. 61,§ 1, eff. 2/4/2021.
Ark. Code Ann. § 17-84-308 — AR Code / Title 17 / Chapter 84 / Subchapter 3 / Section 17-84-308
Suspension, revocation, nonissuance, or nonrenewal
Status: in_force

(a) The Arkansas Board of Hearing Instrument Dispensers may suspend, revoke, or refuse to issue or renew the license or internship of any person for any of the following causes: (1) Being convicted of a crime listed under § 17-3-102 ; (2) Securing a license or internship under this chapter through fraud or deceit; (3) Unethical conduct, gross ignorance, or inefficiency in the conduct of his or her practice; (4) Using a false name or an alias in his or her practice; (5) Violation of any provision of this chapter; or (6) Failure to comply with any of the requirements for issuance of the license or internship. (b) In addition to acting against a license or internship or in lieu of acting against a license or internship, the board may fine the individual in an amount not to exceed two thousand dollars ($2,000) for each offense. (c) The board may dismiss any complaint or charges which it finds to be unfounded or trivial. The board may settle any complaint or charges without holding a hearing. Amended by Act 2019, No. 990,§ 69, eff. 7/24/2019. Acts 1969, No. 197, § 13; A.S.A. 1947, § 72-1713; Acts 1991, No. 46, § 1; 1999, No. 592, § 11.

(a) The Arkansas Board of Hearing Instrument Dispensers may suspend, revoke, or refuse to issue or renew the license or internship of any person for any of the following causes: (1) Being convicted of a crime listed under § 17-3-102 ; (2) Securing a license or internship under this chapter through fraud or deceit; (3) Unethical conduct, gross ignorance, or inefficiency in the conduct of his or her practice; (4) Using a false name or an alias in his or her practice; (5) Violation of any provision of this chapter; or (6) Failure to comply with any of the requirements for issuance of the license or internship.

(1) Being convicted of a crime listed under § 17-3-102 ;

(2) Securing a license or internship under this chapter through fraud or deceit;

(3) Unethical conduct, gross ignorance, or inefficiency in the conduct of his or her practice;

(4) Using a false name or an alias in his or her practice;

(5) Violation of any provision of this chapter; or

(6) Failure to comply with any of the requirements for issuance of the license or internship.

(b) In addition to acting against a license or internship or in lieu of acting against a license or internship, the board may fine the individual in an amount not to exceed two thousand dollars ($2,000) for each offense.

(c) The board may dismiss any complaint or charges which it finds to be unfounded or trivial. The board may settle any complaint or charges without holding a hearing.

Amended by Act 2019, No. 990,§ 69, eff. 7/24/2019.

Acts 1969, No. 197, § 13; A.S.A. 1947, § 72-1713; Acts 1991, No. 46, § 1; 1999, No. 592, § 11.
Ark. Code Ann. § 17-89-301 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-301
License or registration required
Status: in_force

Except as otherwise provided in this chapter, any person not licensed to practice medicine or optometry in Arkansas who shall perform or purport to perform any act described in § 17-89-102(4) must be licensed or registered by the Arkansas Board of Dispensing Opticians as provided in this chapter. Acts 1981, No. 589, § 3; A.S.A. 1947, § 72-2103.

Except as otherwise provided in this chapter, any person not licensed to practice medicine or optometry in Arkansas who shall perform or purport to perform any act described in § 17-89-102(4) must be licensed or registered by the Arkansas Board of Dispensing Opticians as provided in this chapter.

Acts 1981, No. 589, § 3; A.S.A. 1947, § 72-2103.
Ark. Code Ann. § 17-26-707 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-707
[Repealed]
Status: repealed

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023. Amended by Act 2023, No. 270,§ 1, eff. 8/1/2023. Superseded by Act 2023, No. 688. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023.

Amended by Act 2023, No. 270,§ 1, eff. 8/1/2023. Superseded by Act 2023, No. 688.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-42-513 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-513
Approval of courses and course content
Status: in_force

(a) Except for courses exempted in § 17-42-503(b) , a real estate course that is intended to satisfy the education requirements for a real estate license shall first be approved by the Arkansas Real Estate Commission. (b) An application for course approval shall be submitted on the form required by the commission with the required fees. (c) Requirements for course approval are determined by the commission. Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

(a) Except for courses exempted in § 17-42-503(b) , a real estate course that is intended to satisfy the education requirements for a real estate license shall first be approved by the Arkansas Real Estate Commission.

(b) An application for course approval shall be submitted on the form required by the commission with the required fees.

(c) Requirements for course approval are determined by the commission.

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 17-86-103 — AR Code / Title 17 / Chapter 86 / Subchapter 1 / Section 17-86-103
Penalties
Status: in_force

(a) Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding one thousand five hundred dollars ($1,500), or by both fine and imprisonment, at the discretion of the court. (b) It shall be the duty of the prosecuting attorney in the county where the violation occurs, upon request by the Department of Health, to initiate proper legal proceedings in a court of competent jurisdiction to enforce the provisions of this chapter. (c) Any person found guilty of violations of this chapter may be subject to emergency suspension or revocation of licensure dependent upon the findings. (d) The courts of this state are vested with jurisdiction and power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding by the department or by any citizen of this state in the county in which the alleged unlawful practice occurred, the county in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution. Amended by Act 2015, No. 1020,§ 7, eff. 10/1/2015. Amended by Act 2015, No. 1083,§ 2, eff. 7/22/2015. Acts 1981, No. 875, § 18; A.S.A. 1947, § 72-1218; Acts 1991, No. 1217, § 1; 1999, No. 1461, § 2.

(a) Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine not exceeding one thousand five hundred dollars ($1,500), or by both fine and imprisonment, at the discretion of the court.

(b) It shall be the duty of the prosecuting attorney in the county where the violation occurs, upon request by the Department of Health, to initiate proper legal proceedings in a court of competent jurisdiction to enforce the provisions of this chapter.

(c) Any person found guilty of violations of this chapter may be subject to emergency suspension or revocation of licensure dependent upon the findings.

(d) The courts of this state are vested with jurisdiction and power to enjoin the unlawful practice of massage therapy and related techniques in a proceeding by the department or by any citizen of this state in the county in which the alleged unlawful practice occurred, the county in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.

Amended by Act 2015, No. 1020,§ 7, eff. 10/1/2015.

Amended by Act 2015, No. 1083,§ 2, eff. 7/22/2015.

Acts 1981, No. 875, § 18; A.S.A. 1947, § 72-1218; Acts 1991, No. 1217, § 1; 1999, No. 1461, § 2.
Ark. Code Ann. § 17-40-326 — AR Code / Title 17 / Chapter 40 / Subchapter 3 / Section 17-40-326
[Repealed]
Status: repealed

Repealed by Act 2015, No. 393,§ 74, eff. 9/1/2015. Acts 1977, No. 429, § 27; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, § 12; 1999, No. 1493, § 11.

Repealed by Act 2015, No. 393,§ 74, eff. 9/1/2015.

Acts 1977, No. 429, § 27; A.S.A. 1947, § 71-2148; Acts 1989, No. 926, § 12; 1999, No. 1493, § 11.
Ark. Code Ann. § 17-89-304 — AR Code / Title 17 / Chapter 89 / Subchapter 3 / Section 17-89-304
Examinations
Status: in_force

(a) No person other than a licensed optometrist or licensed physician skilled in diseases of the eye or a person licensed or registered by the Arkansas Board of Dispensing Opticians as approved in this chapter shall provide ophthalmic dispensing services to the public until after he or she has passed the written and practical examination conducted by the board and shown proficiency in those subjects and procedures designated by the board, including, but not limited to: (1) Mechanical optics; (2) Occupational vision requirements; (3) Taking facial measurements for proper frame sizing; (4) Ophthalmic lens types; and (5) Fitting and adjusting glasses and frames to the face. (b) A person eligible for licensure or registry under this chapter and desirous of licensure or registry shall make application for examination to the board at least sixty (60) days before the date of examination upon a form and in such a manner as the board shall prescribe. The application shall be accompanied by the fee prescribed in subsection (f) of this section. (c) Each applicant for licensure or registry under this chapter shall be examined by the board by written and practical examination and shall be required to meet certain standards of performance established by rules adopted by the board. (d) (1) Applicants for licensure or registry shall be examined at a time and place and under such supervision as the board may determine. (2) Examinations shall be given at least one (1) time each year at such places within this state as the board may determine. (3) The board shall give reasonable public notice of the examinations in accordance with its adopted rules at least ninety (90) days before the administration of the examination. (4) The board shall notify by mail all individual examination applicants of the time and place of the examination. (e) Every applicant successfully passing the examination of the board and satisfying the qualifications required by this chapter shall receive from the board a certificate of licensure or a certificate of registry to provide ophthalmic dispensing services to the public as a registered or licensed dispensing optician in this state. (f) Any person making application for examination for licensure or registry as a dispensing optician shall be required to pay to the Secretary-treasurer of the Arkansas Board of Dispensing Opticians a fee established by the board. Acts 1981, No. 589, §§ 7, 8, 11; A.S.A. 1947, §§ 72-2107, 72-2108, 72-2111; Acts 1987, No. 966, § 2; 1993, No. 1087, § 2.

(a) No person other than a licensed optometrist or licensed physician skilled in diseases of the eye or a person licensed or registered by the Arkansas Board of Dispensing Opticians as approved in this chapter shall provide ophthalmic dispensing services to the public until after he or she has passed the written and practical examination conducted by the board and shown proficiency in those subjects and procedures designated by the board, including, but not limited to: (1) Mechanical optics; (2) Occupational vision requirements; (3) Taking facial measurements for proper frame sizing; (4) Ophthalmic lens types; and (5) Fitting and adjusting glasses and frames to the face.

(1) Mechanical optics;

(2) Occupational vision requirements;

(3) Taking facial measurements for proper frame sizing;

(4) Ophthalmic lens types; and

(5) Fitting and adjusting glasses and frames to the face.

(b) A person eligible for licensure or registry under this chapter and desirous of licensure or registry shall make application for examination to the board at least sixty (60) days before the date of examination upon a form and in such a manner as the board shall prescribe. The application shall be accompanied by the fee prescribed in subsection (f) of this section.

(c) Each applicant for licensure or registry under this chapter shall be examined by the board by written and practical examination and shall be required to meet certain standards of performance established by rules adopted by the board.

(d) (1) Applicants for licensure or registry shall be examined at a time and place and under such supervision as the board may determine. (2) Examinations shall be given at least one (1) time each year at such places within this state as the board may determine. (3) The board shall give reasonable public notice of the examinations in accordance with its adopted rules at least ninety (90) days before the administration of the examination. (4) The board shall notify by mail all individual examination applicants of the time and place of the examination.

(1) Applicants for licensure or registry shall be examined at a time and place and under such supervision as the board may determine.

(2) Examinations shall be given at least one (1) time each year at such places within this state as the board may determine.

(3) The board shall give reasonable public notice of the examinations in accordance with its adopted rules at least ninety (90) days before the administration of the examination.

(4) The board shall notify by mail all individual examination applicants of the time and place of the examination.

(e) Every applicant successfully passing the examination of the board and satisfying the qualifications required by this chapter shall receive from the board a certificate of licensure or a certificate of registry to provide ophthalmic dispensing services to the public as a registered or licensed dispensing optician in this state.

(f) Any person making application for examination for licensure or registry as a dispensing optician shall be required to pay to the Secretary-treasurer of the Arkansas Board of Dispensing Opticians a fee established by the board.

Acts 1981, No. 589, §§ 7, 8, 11; A.S.A. 1947, §§ 72-2107, 72-2108, 72-2111; Acts 1987, No. 966, § 2; 1993, No. 1087, § 2.
Ark. Code Ann. § 17-80-119 — AR Code / Title 17 / Chapter 80 / Subchapter 1 / Section 17-80-119
Medical education background checks
Status: in_force

(a) Upon application to a medical education program or school, the applicant shall undergo a state and federal criminal background check. (b) The student shall be responsible for payment for a state and federal criminal background check. (c) A medical program or school shall establish criteria by which the passage of the criminal background check is determined based upon the medical profession criteria for licensure. Added by Act 2015, No. 1192,§ 1, eff. 7/22/2015.

(a) Upon application to a medical education program or school, the applicant shall undergo a state and federal criminal background check.

(b) The student shall be responsible for payment for a state and federal criminal background check.

(c) A medical program or school shall establish criteria by which the passage of the criminal background check is determined based upon the medical profession criteria for licensure.

Added by Act 2015, No. 1192,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 17-89-101 — AR Code / Title 17 / Chapter 89 / Subchapter 1 / Section 17-89-101
Short title
Status: in_force

This chapter shall be known and cited as the "Ophthalmic Dispensing Act". Acts 1981, No. 589, § 1; A.S.A. 1947, § 72-2101.

This chapter shall be known and cited as the "Ophthalmic Dispensing Act".

Acts 1981, No. 589, § 1; A.S.A. 1947, § 72-2101.
Ark. Code Ann. § 17-48-103 — AR Code / Title 17 / Chapter 48 / Subchapter 1 / Section 17-48-103
Regulation
Status: in_force

In order to safeguard the life, health, or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest. Acts 1967, No. 101, § 1; A.S.A. 1947, § 71-2301.

In order to safeguard the life, health, or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest.

Acts 1967, No. 101, § 1; A.S.A. 1947, § 71-2301.
Ark. Code Ann. § 17-22-206 — AR Code / Title 17 / Chapter 22 / Subchapter 2 / Section 17-22-206
Combative sports
Status: in_force

The General Assembly finds and declares to be the public policy of this state that it is in the best interest of the public and combative sports that combative sports be subject to an effective and efficient system of strict control and rule in order to protect the safety and well-being of the participants in combative sports matches and exhibitions and to promote the public confidence in the regulatory process and the conduct of combative sports matches and exhibitions. To further such public confidence and trust, the State Athletic Commission shall have the authority to adopt and promulgate, amend, or abrogate any and all rules concerning combative sports, to recover inspector and investigator fees, and recover the actual cost of the national and federal fighter database fees charged to the commission. Amended by Act 2019, No. 315,§ 1373, eff. 7/24/2019. Amended by Act 2013, No. 1096,§ 5, eff. 8/16/2013. Acts 1999, No. 1085, § 3; 2009, No. 781, § 4.

The General Assembly finds and declares to be the public policy of this state that it is in the best interest of the public and combative sports that combative sports be subject to an effective and efficient system of strict control and rule in order to protect the safety and well-being of the participants in combative sports matches and exhibitions and to promote the public confidence in the regulatory process and the conduct of combative sports matches and exhibitions. To further such public confidence and trust, the State Athletic Commission shall have the authority to adopt and promulgate, amend, or abrogate any and all rules concerning combative sports, to recover inspector and investigator fees, and recover the actual cost of the national and federal fighter database fees charged to the commission.

Amended by Act 2019, No. 315,§ 1373, eff. 7/24/2019.

Amended by Act 2013, No. 1096,§ 5, eff. 8/16/2013.

Acts 1999, No. 1085, § 3; 2009, No. 781, § 4.
Ark. Code Ann. § 17-96-203 — AR Code / Title 17 / Chapter 96 / Subchapter 2 / Section 17-96-203
Payment of expenses - Compensation of members and employees
Status: in_force

(a) The Arkansas Board of Podiatric Medicine is empowered to incur whatever expenses the board may deem necessary or expedient in performing the board's functions. (b) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (c) All of the disbursements provided for in this section shall be made out of the fees and fines collected by the board. Amended by Act 2019, No. 910,§ 4902, eff. 7/1/2019. Acts 1923, No. 610, § 8; Pope's Dig., §§ 10852, 12117; Acts 1973, No. 31, § 6; 1983, No. 429, § 8; A.S.A. 1947, § 72-308; Acts 1997, No. 250, § 167.

(a) The Arkansas Board of Podiatric Medicine is empowered to incur whatever expenses the board may deem necessary or expedient in performing the board's functions.

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

(c) All of the disbursements provided for in this section shall be made out of the fees and fines collected by the board.

Amended by Act 2019, No. 910,§ 4902, eff. 7/1/2019.

Acts 1923, No. 610, § 8; Pope's Dig., §§ 10852, 12117; Acts 1973, No. 31, § 6; 1983, No. 429, § 8; A.S.A. 1947, § 72-308; Acts 1997, No. 250, § 167.
Ark. Code Ann. § 17-27-401 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-401
Definitions
Status: in_force

As used in this subchapter: (1) "Licensed alcoholism and drug abuse counselor" means a person who renders for compensation alcoholism and drug abuse counseling or alcoholism and drug abuse counseling-related services to an individual, group, organization, corporation, institution, or to the general public, and who holds a license issued by the State Board of Examiners of Alcoholism and Drug Abuse Counselors or by another health or behavioral sciences board to engage in the practice of alcoholism and drug abuse counseling; (2) "Practice of alcoholism and drug abuse counseling" means the professional activity of helping individuals, groups, organizations, corporations, institutions, or the general public to develop an understanding of alcoholism and drug dependency problems and to define goals and plan action reflecting the individual's or group's interests, abilities, and needs as affected by claimed alcoholism and drug dependency problems. It includes the professional application of values, principles, and techniques to one (1) or more of the following ends: (A) Counseling with individuals, families, and groups; (B) Helping people obtain tangible services; (C) Assisting communities or groups; (D) Providing or improving social and health services; and (E) Engaging in alcoholism and drug abuse education and prevention through the appropriate administration of alcoholism and drug abuse counseling services; (3) "Registered clinical supervisor" means a person registered by the State Board of Examiners of Alcoholism and Drug Abuse Counselors to provide clinical supervision of applicants for certification or licensure; and (4) "Supervised work experience" means paid or voluntary work experience as an alcohol and drug abuse counselor who provides alcohol and drug abuse counseling services under the supervision of a credentialed alcohol and drug abuse counselor to persons with alcoholism or other drug dependency, or both. Amended by Act 2019, No. 386,§ 18, eff. 7/24/2019. Acts 1999, No. 1588, § 1; 2009, No. 443, § 1.

As used in this subchapter:

(1) "Licensed alcoholism and drug abuse counselor" means a person who renders for compensation alcoholism and drug abuse counseling or alcoholism and drug abuse counseling-related services to an individual, group, organization, corporation, institution, or to the general public, and who holds a license issued by the State Board of Examiners of Alcoholism and Drug Abuse Counselors or by another health or behavioral sciences board to engage in the practice of alcoholism and drug abuse counseling;

(2) "Practice of alcoholism and drug abuse counseling" means the professional activity of helping individuals, groups, organizations, corporations, institutions, or the general public to develop an understanding of alcoholism and drug dependency problems and to define goals and plan action reflecting the individual's or group's interests, abilities, and needs as affected by claimed alcoholism and drug dependency problems. It includes the professional application of values, principles, and techniques to one (1) or more of the following ends: (A) Counseling with individuals, families, and groups; (B) Helping people obtain tangible services; (C) Assisting communities or groups; (D) Providing or improving social and health services; and (E) Engaging in alcoholism and drug abuse education and prevention through the appropriate administration of alcoholism and drug abuse counseling services;

(A) Counseling with individuals, families, and groups;

(B) Helping people obtain tangible services;

(C) Assisting communities or groups;

(D) Providing or improving social and health services; and

(E) Engaging in alcoholism and drug abuse education and prevention through the appropriate administration of alcoholism and drug abuse counseling services;

(3) "Registered clinical supervisor" means a person registered by the State Board of Examiners of Alcoholism and Drug Abuse Counselors to provide clinical supervision of applicants for certification or licensure; and

(4) "Supervised work experience" means paid or voluntary work experience as an alcohol and drug abuse counselor who provides alcohol and drug abuse counseling services under the supervision of a credentialed alcohol and drug abuse counselor to persons with alcoholism or other drug dependency, or both.

Amended by Act 2019, No. 386,§ 18, eff. 7/24/2019.

Acts 1999, No. 1588, § 1; 2009, No. 443, § 1.
Ark. Code Ann. § 17-49-207 — AR Code / Title 17 / Chapter 49 / Subchapter 2 / Section 17-49-207
License required
Status: in_force

No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in § 17-49-202 , without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this subchapter. Acts 1941, No. 138, § 3; A.S.A. 1947, § 84-2403.

No person shall engage in business or use any motor vehicle in this state as an itinerant merchant, as defined and fixed in § 17-49-202 , without complying with this subchapter and without obtaining from the Department of Finance and Administration the license required by this subchapter.

Acts 1941, No. 138, § 3; A.S.A. 1947, § 84-2403.
Ark. Code Ann. § 17-95-106 — AR Code / Title 17 / Chapter 95 / Subchapter 1 / Section 17-95-106
Volunteer services by retired physicians and surgeons - Immunity from liability
Status: in_force

(a) Retired physicians and surgeons who are still licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas, and who render medical services voluntarily and without compensation to any person at any free or low-cost medical clinic located in the State of Arkansas and registered by the State Board of Health, which accepts no insurance payments and provides medical services free of charge to persons unable to pay or provides medical services for a nominal fee, shall not be liable for any civil damages for any act or omission resulting from the rendering of such medical services, unless the act or omission was the result of the licensee's gross negligence or willful misconduct. (b) The State Board of Health is empowered to adopt such rules as it may determine necessary to provide for the registration of free or low-cost medical clinics under this section. Provided, the rules shall require that each person, patient, or client to whom medical services are provided has been fully informed before any treatment by the physician providing the services or by the staff of the medical clinic of the immunity from civil suit provisions of this section, and has acknowledged that fact in writing on a form approved or designated by the Department of Health. (c) The State Board of Health and its members, and the department and its agents and employees, are exempt and immune from liability for any claims or damages when performing their duties pursuant to this section. (d) The provisions of this section shall not affect the Arkansas Volunteer Immunity Act, § 16-6-101 et seq. Amended by Act 2019, No. 315,§ 1613, eff. 7/24/2019. Acts 1995, No. 844, §§ 1-4.

(a) Retired physicians and surgeons who are still licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas, and who render medical services voluntarily and without compensation to any person at any free or low-cost medical clinic located in the State of Arkansas and registered by the State Board of Health, which accepts no insurance payments and provides medical services free of charge to persons unable to pay or provides medical services for a nominal fee, shall not be liable for any civil damages for any act or omission resulting from the rendering of such medical services, unless the act or omission was the result of the licensee's gross negligence or willful misconduct.

(b) The State Board of Health is empowered to adopt such rules as it may determine necessary to provide for the registration of free or low-cost medical clinics under this section. Provided, the rules shall require that each person, patient, or client to whom medical services are provided has been fully informed before any treatment by the physician providing the services or by the staff of the medical clinic of the immunity from civil suit provisions of this section, and has acknowledged that fact in writing on a form approved or designated by the Department of Health.

(c) The State Board of Health and its members, and the department and its agents and employees, are exempt and immune from liability for any claims or damages when performing their duties pursuant to this section.

(d) The provisions of this section shall not affect the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.

Amended by Act 2019, No. 315,§ 1613, eff. 7/24/2019.

Acts 1995, No. 844, §§ 1-4.
Ark. Code Ann. § 17-38-308 — AR Code / Title 17 / Chapter 38 / Subchapter 3 / Section 17-38-308
Expiration and renewal
Status: in_force

(a) All licenses shall be renewed annually within thirty (30) days after the expiration date of the license. The Department of Health may renew a license after the thirty-day period if there is sufficient reason for not renewing the license in the time specified and after payment of penalties as prescribed by rule. (b) The department may set a system of staggered expiration dates for all licenses issued by the department. (c) The department may issue permits for less than one (1) year. The cost of such permits shall be determined based upon the number of months the permit is valid divided by twelve (12) months multiplied by the amount of the annual permit fee. Amended by Act 2019, No. 315,§ 1454, eff. 7/24/2019. Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8; 1991, No. 330, § 4.

(a) All licenses shall be renewed annually within thirty (30) days after the expiration date of the license. The Department of Health may renew a license after the thirty-day period if there is sufficient reason for not renewing the license in the time specified and after payment of penalties as prescribed by rule.

(b) The department may set a system of staggered expiration dates for all licenses issued by the department.

(c) The department may issue permits for less than one (1) year. The cost of such permits shall be determined based upon the number of months the permit is valid divided by twelve (12) months multiplied by the amount of the annual permit fee.

Amended by Act 2019, No. 315,§ 1454, eff. 7/24/2019.

Acts 1951, No. 200, § 8; 1963, No. 555, § 1; 1975, No. 902, § 8; A.S.A. 1947, § 71-1212; Acts 1987, No. 816, § 8; 1991, No. 330, § 4.
Ark. Code Ann. § 17-84-104 — AR Code / Title 17 / Chapter 84 / Subchapter 1 / Section 17-84-104
Bills of sale and instruction booklets
Status: in_force

(a) Whether supplied by the dispenser or at the dispenser's order or direction, any person who practices the dispensing of hearing instruments shall deliver to each person supplied with a hearing instrument a bill of sale or comparable document containing the following: (1) The dispenser's signature; (2) The address and telephone number of the dispenser's established place of business; (3) The number of the dispenser's license; (4) A description of the make, model, serial number, and condition of the hearing instrument stating whether it is new, used, rebuilt, or in-office assembled, identifying the manufacturer, rebuilder, or in-office assembler, together with a description of any warranties covering the hearing instrument; (5) The amount charged; (6) Information concerning when additional service for the hearing instrument will be available and where the additional service for the hearing instrument will be available; and (7) Conditions of additional charges for additional service, including without limitation a testing fee, programming fee, adjustment fee, and other services provided by the dispenser. (b) The dispenser of an in-office assembled hearing instrument shall deliver to the person supplied with the in-office assembled hearing instrument an instruction booklet for the in-office assembled hearing instrument. (c) The Arkansas Board of Hearing Instrument Dispensers may require by rule a dispenser to provide instructions to a person supplied with a hearing instrument on how to file a complaint. Amended by Act 2017, No. 373,§ 1, eff. 8/1/2017. Acts 1969, No. 197, § 4; A.S.A. 1947, § 72-1705; Acts 1991, No. 46, § 1; 1999, No. 592, § 3.

(a) Whether supplied by the dispenser or at the dispenser's order or direction, any person who practices the dispensing of hearing instruments shall deliver to each person supplied with a hearing instrument a bill of sale or comparable document containing the following: (1) The dispenser's signature; (2) The address and telephone number of the dispenser's established place of business; (3) The number of the dispenser's license; (4) A description of the make, model, serial number, and condition of the hearing instrument stating whether it is new, used, rebuilt, or in-office assembled, identifying the manufacturer, rebuilder, or in-office assembler, together with a description of any warranties covering the hearing instrument; (5) The amount charged; (6) Information concerning when additional service for the hearing instrument will be available and where the additional service for the hearing instrument will be available; and (7) Conditions of additional charges for additional service, including without limitation a testing fee, programming fee, adjustment fee, and other services provided by the dispenser.

(1) The dispenser's signature;

(2) The address and telephone number of the dispenser's established place of business;

(3) The number of the dispenser's license;

(4) A description of the make, model, serial number, and condition of the hearing instrument stating whether it is new, used, rebuilt, or in-office assembled, identifying the manufacturer, rebuilder, or in-office assembler, together with a description of any warranties covering the hearing instrument;

(5) The amount charged;

(6) Information concerning when additional service for the hearing instrument will be available and where the additional service for the hearing instrument will be available; and

(7) Conditions of additional charges for additional service, including without limitation a testing fee, programming fee, adjustment fee, and other services provided by the dispenser.

(b) The dispenser of an in-office assembled hearing instrument shall deliver to the person supplied with the in-office assembled hearing instrument an instruction booklet for the in-office assembled hearing instrument.

(c) The Arkansas Board of Hearing Instrument Dispensers may require by rule a dispenser to provide instructions to a person supplied with a hearing instrument on how to file a complaint.

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

Acts 1969, No. 197, § 4; A.S.A. 1947, § 72-1705; Acts 1991, No. 46, § 1; 1999, No. 592, § 3.
Ark. Code Ann. § 17-5-103 — AR Code / Title 17 / Chapter 5 / Section 17-5-103
Definitions
Status: in_force

As used in this chapter: (1) "License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and (2) (A) "Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession. (B) "Licensing entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, or a county. Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.

As used in this chapter:

(1) "License" means a license, certificate, registration, permit, or other form of authorization required by law or rule that is required for an individual to engage in a particular occupation or profession; and

(2) (A) "Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession. (B) "Licensing entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, or a county.

(A) "Licensing entity" means an office, board, commission, department, council, bureau, or other agency of state government having authority to license, certify, register, permit, or otherwise authorize an individual to engage in a particular occupation or profession.

(B) "Licensing entity" does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, or a county.

Added by Act 2021, No. 725,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 17-15-102 — AR Code / Title 17 / Chapter 15 / Subchapter 1 / Section 17-15-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Architect" means a person who is technically and legally qualified to practice architecture; (2) "Direct supervision" means that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision; (3) [Repealed.] (4) (A) (i) "Practice of architecture" means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation. (ii) The services include: (a) Planning; (b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and (c) Administration of construction contracts. (B) "Practice of architecture" does not include the practice of engineering as defined in § 17-30-101 et seq., or the practice of contracting as defined in § 17-25-101 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture, and an engineer may practice such architectural work as is incidental to the practice of engineering. (C) The provisions of this chapter affirm the legal authority of an engineer licensed under § 17-30-101 et seq., to provide consultation, investigation, evaluation, planning, and design of buildings intended for the accommodation of equipment, vehicles, goods, or processes or other utilitarian function, with human occupancy including office space as required for the support of these functions, provided the engineer is practicing within his or her area of competency as defined in § 17-30-101 et seq.; (5) "Registered architect" means an architect holding a current registration in the State of Arkansas; (6) "Registration" means the certificate of registration issued by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers; and (7) "Technical submissions" means drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture. Amended by Act 2019, No. 990,§ 16, eff. 7/24/2019. Acts 1941, No. 270, §§ 1, 14; A.S.A. 1947, §§ 71-301, 71-312; Acts 1993, No. 578, § 1; 1995, No. 860, § 1; 2009, No. 1367, § 4.

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

(1) "Architect" means a person who is technically and legally qualified to practice architecture;

(2) "Direct supervision" means that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under his or her supervision;

(3) [Repealed.]

(4) (A) (i) "Practice of architecture" means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation. (ii) The services include: (a) Planning; (b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and (c) Administration of construction contracts. (B) "Practice of architecture" does not include the practice of engineering as defined in § 17-30-101 et seq., or the practice of contracting as defined in § 17-25-101 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture, and an engineer may practice such architectural work as is incidental to the practice of engineering. (C) The provisions of this chapter affirm the legal authority of an engineer licensed under § 17-30-101 et seq., to provide consultation, investigation, evaluation, planning, and design of buildings intended for the accommodation of equipment, vehicles, goods, or processes or other utilitarian function, with human occupancy including office space as required for the support of these functions, provided the engineer is practicing within his or her area of competency as defined in § 17-30-101 et seq.;

(A) (i) "Practice of architecture" means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation. (ii) The services include: (a) Planning; (b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and (c) Administration of construction contracts.

(i) "Practice of architecture" means the provision of, or offering to provide, services in connection with the design and construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings, which is designed for human occupancy or habitation.

(ii) The services include: (a) Planning; (b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and (c) Administration of construction contracts.

(a) Planning;

(b) Providing preliminary studies, designs, drawings, specifications, and other technical submissions; and

(c) Administration of construction contracts.

(B) "Practice of architecture" does not include the practice of engineering as defined in § 17-30-101 et seq., or the practice of contracting as defined in § 17-25-101 et seq., but a registered architect may perform such engineering work as is incidental to the practice of architecture, and an engineer may practice such architectural work as is incidental to the practice of engineering.

(C) The provisions of this chapter affirm the legal authority of an engineer licensed under § 17-30-101 et seq., to provide consultation, investigation, evaluation, planning, and design of buildings intended for the accommodation of equipment, vehicles, goods, or processes or other utilitarian function, with human occupancy including office space as required for the support of these functions, provided the engineer is practicing within his or her area of competency as defined in § 17-30-101 et seq.;

(5) "Registered architect" means an architect holding a current registration in the State of Arkansas;

(6) "Registration" means the certificate of registration issued by the Arkansas State Board of Architects, Landscape Architects, and Interior Designers; and

(7) "Technical submissions" means drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.

Amended by Act 2019, No. 990,§ 16, eff. 7/24/2019.

Acts 1941, No. 270, §§ 1, 14; A.S.A. 1947, §§ 71-301, 71-312; Acts 1993, No. 578, § 1; 1995, No. 860, § 1; 2009, No. 1367, § 4.
Ark. Code Ann. § 17-86-202 — AR Code / Title 17 / Chapter 86 / Subchapter 2 / Section 17-86-202
Employees
Status: in_force

(a) The Department of Health may employ an executive director, regular or special counsel, inspectors, clerks, secretaries, and other personnel it deems necessary to carry out the provisions of this chapter. (b) An employee under this section shall not have any financial interest in the practice or instruction of massage therapy. Amended by Act 2015, No. 1020,§ 9, eff. 10/1/2015. Acts 1981, No. 875, §§ 6, 14; A.S.A. 1947, §§ 72-1206, 72-1214; Acts 1991, No. 1217, § 1; 1997, No. 840, § 3; 1999, No. 1461, § 5.

(a) The Department of Health may employ an executive director, regular or special counsel, inspectors, clerks, secretaries, and other personnel it deems necessary to carry out the provisions of this chapter.

(b) An employee under this section shall not have any financial interest in the practice or instruction of massage therapy.

Amended by Act 2015, No. 1020,§ 9, eff. 10/1/2015.

Acts 1981, No. 875, §§ 6, 14; A.S.A. 1947, §§ 72-1206, 72-1214; Acts 1991, No. 1217, § 1; 1997, No. 840, § 3; 1999, No. 1461, § 5.
Ark. Code Ann. § 17-89-202 — AR Code / Title 17 / Chapter 89 / Subchapter 2 / Section 17-89-202
Meetings - Officers
Status: in_force

(a) The Arkansas Board of Dispensing Opticians shall meet at least two (2) times each year, and at its first regular meeting each year shall elect a chair, vice chair, and secretary-treasurer. (b) Each officer shall be elected for a term of one (1) year. If an officer is removed or resigns during his or her term of office, the board shall elect a successor for the balance of the unexpired term of office. (c) (1) The Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall perform those administrative duties assigned to him or her by the board and shall execute a bond for the state in a sum to be fixed by the board conditioned on the faithful performance of the duties of his or her office. (2) The board shall outline the duties of the secretary-treasurer and fix his or her compensation, in consultation with the Secretary of the Department of Health, per diem, mileage, and other expense moneys in accordance with applicable Arkansas laws and rules. Amended by Act 2019, No. 315,§ 1547, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4880, eff. 7/1/2019. Acts 1981, No. 589, §§ 4, 5; A.S.A. 1947, §§ 72-2104, 72-2105.

(a) The Arkansas Board of Dispensing Opticians shall meet at least two (2) times each year, and at its first regular meeting each year shall elect a chair, vice chair, and secretary-treasurer.

(b) Each officer shall be elected for a term of one (1) year. If an officer is removed or resigns during his or her term of office, the board shall elect a successor for the balance of the unexpired term of office.

(c) (1) The Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall perform those administrative duties assigned to him or her by the board and shall execute a bond for the state in a sum to be fixed by the board conditioned on the faithful performance of the duties of his or her office. (2) The board shall outline the duties of the secretary-treasurer and fix his or her compensation, in consultation with the Secretary of the Department of Health, per diem, mileage, and other expense moneys in accordance with applicable Arkansas laws and rules.

(1) The Secretary-treasurer of the Arkansas Board of Dispensing Opticians shall perform those administrative duties assigned to him or her by the board and shall execute a bond for the state in a sum to be fixed by the board conditioned on the faithful performance of the duties of his or her office.

(2) The board shall outline the duties of the secretary-treasurer and fix his or her compensation, in consultation with the Secretary of the Department of Health, per diem, mileage, and other expense moneys in accordance with applicable Arkansas laws and rules.

Amended by Act 2019, No. 315,§ 1547, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4880, eff. 7/1/2019.

Acts 1981, No. 589, §§ 4, 5; A.S.A. 1947, §§ 72-2104, 72-2105.
Ark. Code Ann. § 17-101-319 — AR Code / Title 17 / Chapter 101 / Subchapter 3 / Section 17-101-319
Veterinary technician specialist - Certification
Status: in_force

(a) (1) The Arkansas Livestock and Poultry Commission shall issue additional certifications for a veterinary technician specialist. (2) For an applicant seeking certification as a veterinary technician specialist, the commission may require: (A) An initial application and an initial application fee as determined by the commission; (B) A renewal application and a renewal application fee as determined by the commision; and (C) Any other relevant information determined by the commission. (b) (1) A veterinary technician specialist shall perform specialized veterinary technology under the direction, supervision, and responsibility of the: (A) Licensed veterinarian with whom he or she is employed; or (B) Collaborating veterinarian under a collaborative practice agreement. (2) Supervision of a veterinary technician specialist may be direct supervision, indirect supervision, or immediate supervision. (3) A veterinarian who utilizes indirect supervision of a veterinary technician specialist shall: (A) Retain control of and authority over the care of the animal patient; and (B) Review all record keeping and notes documented by the veterinary technician specialist on the charts regarding the care of the animal patient. (c) (1) A licensed veterinarian using, supervising, or employing a veterinary technician specialist is individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician specialist. (2) This subsection does not relieve a veterinary technician specialist of any responsibility or liability for any of his or her own acts and omissions. (3) A licensed veterinarian shall not establish a separate office or clinic in a location other than his or her regular office and place the separate office or clinic under the control or supervision of a veterinary technician specialist. (d) A veterinary technician specialist shall not receive compensation for performing the practice of specialized veterinary technology other than the salary or compensation paid to the veterinary technician specialist by the veterinary clinic, veterinary practice, or veterinarian by which he or she is employed. (e) A person shall not use or assume the title "certified veterinary technician specialist", "veterinary technician specialist", "VTS", or "CVTS" or use any words, letters, abbreviations, or insignia indicating or implying that the person holds a veterinary technician specialist certification unless the person is certified by the commission. Amended by Act 2023, No. 452,§ 1, eff. 8/1/2023. Added by Act 2023, No. 161,§ 4, eff. 8/1/2023.

(a) (1) The Arkansas Livestock and Poultry Commission shall issue additional certifications for a veterinary technician specialist. (2) For an applicant seeking certification as a veterinary technician specialist, the commission may require: (A) An initial application and an initial application fee as determined by the commission; (B) A renewal application and a renewal application fee as determined by the commision; and (C) Any other relevant information determined by the commission.

(1) The Arkansas Livestock and Poultry Commission shall issue additional certifications for a veterinary technician specialist.

(2) For an applicant seeking certification as a veterinary technician specialist, the commission may require: (A) An initial application and an initial application fee as determined by the commission; (B) A renewal application and a renewal application fee as determined by the commision; and (C) Any other relevant information determined by the commission.

(A) An initial application and an initial application fee as determined by the commission;

(B) A renewal application and a renewal application fee as determined by the commision; and

(C) Any other relevant information determined by the commission.

(b) (1) A veterinary technician specialist shall perform specialized veterinary technology under the direction, supervision, and responsibility of the: (A) Licensed veterinarian with whom he or she is employed; or (B) Collaborating veterinarian under a collaborative practice agreement. (2) Supervision of a veterinary technician specialist may be direct supervision, indirect supervision, or immediate supervision. (3) A veterinarian who utilizes indirect supervision of a veterinary technician specialist shall: (A) Retain control of and authority over the care of the animal patient; and (B) Review all record keeping and notes documented by the veterinary technician specialist on the charts regarding the care of the animal patient.

(1) A veterinary technician specialist shall perform specialized veterinary technology under the direction, supervision, and responsibility of the: (A) Licensed veterinarian with whom he or she is employed; or (B) Collaborating veterinarian under a collaborative practice agreement.

(A) Licensed veterinarian with whom he or she is employed; or

(B) Collaborating veterinarian under a collaborative practice agreement.

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

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

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

(B) Review all record keeping and notes documented by the veterinary technician specialist on the charts regarding the care of the animal patient.

(c) (1) A licensed veterinarian using, supervising, or employing a veterinary technician specialist is individually responsible and liable for the performance of the acts and omissions delegated to the veterinary technician specialist. (2) This subsection does not relieve a veterinary technician specialist of any responsibility or liability for any of his or her own acts and omissions. (3) A licensed veterinarian shall not establish a separate office or clinic in a location other than his or her regular office and place the separate office or clinic under the control or supervision of a veterinary technician specialist.

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

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

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

(d) A veterinary technician specialist shall not receive compensation for performing the practice of specialized veterinary technology other than the salary or compensation paid to the veterinary technician specialist by the veterinary clinic, veterinary practice, or veterinarian by which he or she is employed.

(e) A person shall not use or assume the title "certified veterinary technician specialist", "veterinary technician specialist", "VTS", or "CVTS" or use any words, letters, abbreviations, or insignia indicating or implying that the person holds a veterinary technician specialist certification unless the person is certified by the commission.

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

Added by Act 2023, No. 161,§ 4, eff. 8/1/2023.
Ark. Code Ann. § 17-12-701 — AR Code / Title 17 / Chapter 12 / Subchapter 7 / Section 17-12-701
Applicability
Status: in_force

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987. Acts 1987, No. 661, § 3.

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.

Acts 1987, No. 661, § 3.
Ark. Code Ann. § 17-92-303 — AR Code / Title 17 / Chapter 92 / Subchapter 3 / Section 17-92-303
Unlawful use of professional title - Penalty
Status: in_force

Any person who shall take, use, or exhibit the title of licensed pharmacist, unless it has been regularly conferred upon him or her as set forth in §§ 17-92-306 and 17-92-309 , shall be guilty of a violation and upon conviction shall be liable to a penalty of not less than five dollars ($5.00) nor more than one hundred dollars ($100). Acts 1891, No. 50, § 11, p. 80; C. & M. Dig., § 3677; Acts 1929, No. 72, § 3; Pope's Dig., § 4613; A.S.A. 1947, § 72-1015; Acts 2005, No. 1994, § 89.

Any person who shall take, use, or exhibit the title of licensed pharmacist, unless it has been regularly conferred upon him or her as set forth in §§ 17-92-306 and 17-92-309 , shall be guilty of a violation and upon conviction shall be liable to a penalty of not less than five dollars ($5.00) nor more than one hundred dollars ($100).

Acts 1891, No. 50, § 11, p. 80; C. & M. Dig., § 3677; Acts 1929, No. 72, § 3; Pope's Dig., § 4613; A.S.A. 1947, § 72-1015; Acts 2005, No. 1994, § 89.
Ark. Code Ann. § 17-93-505 — AR Code / Title 17 / Chapter 93 / Subchapter 5 / Section 17-93-505
Criminal background check
Status: in_force

(a) The Arkansas State Board of Physical Therapy shall forward fingerprints of each applicant for licensure to the Division of Arkansas State Police. (b) The division shall conduct a state and national criminal background check and provide the results of the criminal background check to the board. (c) The board shall use the results of the criminal background check when making licensure determinations. (d) Initial licensure under §§ 17-93-303 and 17-93-304 is conditioned upon a criminal background check. Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.

(a) The Arkansas State Board of Physical Therapy shall forward fingerprints of each applicant for licensure to the Division of Arkansas State Police.

(b) The division shall conduct a state and national criminal background check and provide the results of the criminal background check to the board.

(c) The board shall use the results of the criminal background check when making licensure determinations.

(d) Initial licensure under §§ 17-93-303 and 17-93-304 is conditioned upon a criminal background check.

Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 17-27-405 — AR Code / Title 17 / Chapter 27 / Subchapter 4 / Section 17-27-405
Compensation for board members
Status: in_force

The members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors may receive a stipend of sixty dollars ($60.00) per day for each day of attendance at a board meeting plus expense reimbursement pursuant to § 25-16-901 et seq. The stipend and expense reimbursement shall not be made if available funds are insufficient for this purpose. Acts 1999, No. 1588, § 5; 2001, No. 1650, § 8.

The members of the State Board of Examiners of Alcoholism and Drug Abuse Counselors may receive a stipend of sixty dollars ($60.00) per day for each day of attendance at a board meeting plus expense reimbursement pursuant to § 25-16-901 et seq. The stipend and expense reimbursement shall not be made if available funds are insufficient for this purpose.

Acts 1999, No. 1588, § 5; 2001, No. 1650, § 8.
Ark. Code Ann. § 17-25-201 — AR Code / Title 17 / Chapter 25 / Subchapter 2 / Section 17-25-201
Creation - Members
Status: in_force

(a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor. (b) (1) Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. (2) (A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways. (3) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations. (c) (1) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year. (3) Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty. (d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his or her office, shall file with the Secretary of State the constitutional oath of office. (e) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1965, No. 150, §§ 2, 3, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 180, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-702, 71-703, 71-706; Acts 1989, No. 487, § 6; 1989, No. 795, § 1; 1997, No. 250, § 132.

(a) There is created a Contractors Licensing Board, consisting of seven (7) members, who shall be appointed by the Governor.

(b) (1) Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years. (2) (A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways. (3) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.

(1) Each member shall be at least thirty-five (35) years of age and must have been a resident of the State of Arkansas for the previous five (5) years.

(2) (A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas. (B) At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks. (C) At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings. (D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways.

(A) Five (5) members shall be contractors of not fewer than ten (10) years' experience in responsible charge of construction projects of a magnitude consistent with the duties of their offices. Each must hold an unexpired contractor's license issued under this chapter. Each must, at the time of appointment, maintain his or her principal place of business in Arkansas.

(B) At least one (1) member of the board shall have had as a larger part of his or her business the construction of sewers and waterworks.

(C) At least one (1) member of the board shall have had as a larger part of his or her business the construction of buildings.

(D) At least one (1) member of the board shall have had as a larger part of his or her business the construction of highways.

(3) Two (2) members of the board shall not be actively engaged in or retired from the profession of contracting. One (1) shall represent consumers, and one (1) shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.

(c) (1) Members shall serve five-year terms. (2) Terms shall expire on December 31 of the fifth year. (3) Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. (4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor. (5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty.

(1) Members shall serve five-year terms.

(2) Terms shall expire on December 31 of the fifth year.

(3) Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified.

(4) If a vacancy shall occur in the board for any cause, it shall be filled by appointment by the Governor.

(5) The Governor may remove any member of the board at any time for misconduct, incompetency, or neglect of duty.

(d) Each member of the board shall receive a certificate of appointment from the Governor and, before entering upon the discharge of the duties of his or her office, shall file with the Secretary of State the constitutional oath of office.

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

Acts 1965, No. 150, §§ 2, 3, 6; 1969, No. 293, § 1; 1973, No. 293, § 1; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 180, § 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 71-702, 71-703, 71-706; Acts 1989, No. 487, § 6; 1989, No. 795, § 1; 1997, No. 250, § 132.
Ark. Code Ann. § 17-86-205 — AR Code / Title 17 / Chapter 86 / Subchapter 2 / Section 17-86-205
Disposition of funds
Status: in_force

(a) (1) All moneys remitted to the Department of Health under this chapter shall be made payable to the Department of Health. (2) The Department of Health shall deposit all such funds received in a timely manner in accordance with laws of the State of Arkansas and rules of the Department of Finance and Administration. (b) (1) All moneys received under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund for the general uses of the Department of Health. (2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the moneys received. Amended by Act 2019, No. 315,§ 1531, eff. 7/24/2019. Amended by Act 2015, No. 1020,§ 12, eff. 10/1/2015. Acts 1981, No. 875, §§ 14, 15; A.S.A. 1947, §§ 72-1214, 72-1215; Acts 1991, No. 1217, § 1; 1997, No. 840, § 6; 1999, No. 1461, § 8.

(a) (1) All moneys remitted to the Department of Health under this chapter shall be made payable to the Department of Health. (2) The Department of Health shall deposit all such funds received in a timely manner in accordance with laws of the State of Arkansas and rules of the Department of Finance and Administration.

(1) All moneys remitted to the Department of Health under this chapter shall be made payable to the Department of Health.

(2) The Department of Health shall deposit all such funds received in a timely manner in accordance with laws of the State of Arkansas and rules of the Department of Finance and Administration.

(b) (1) All moneys received under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund for the general uses of the Department of Health. (2) Salaries and other expenses necessarily incurred in carrying into effect the provisions of this chapter and other programs administered by the Department of Health shall be paid from the moneys received.

(1) All moneys received under this chapter shall be paid into the State Treasury and shall be credited to the Public Health Fund for the general uses of the Department of Health.

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

Amended by Act 2019, No. 315,§ 1531, eff. 7/24/2019.

Amended by Act 2015, No. 1020,§ 12, eff. 10/1/2015.

Acts 1981, No. 875, §§ 14, 15; A.S.A. 1947, §§ 72-1214, 72-1215; Acts 1991, No. 1217, § 1; 1997, No. 840, § 6; 1999, No. 1461, § 8.
Ark. Code Ann. § 17-26-703 — AR Code / Title 17 / Chapter 26 / Subchapter 7 / Section 17-26-703
[Repealed]
Status: repealed

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023. Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.

Repealed by Act 2023, No. 688,§ 18, eff. 8/1/2023.

Added by Act 2021, No. 900,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 17-39-106 — AR Code / Title 17 / Chapter 39 / Subchapter 1 / Section 17-39-106
Director of the Division of Arkansas State Police - Powers and duties
Status: in_force

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated in this subchapter and subchapter 2 with respect to the licensing of polygraph examiners and interns and perform all other acts incidental and necessary to the proper performance of the functions and duties as prescribed in this subchapter and subchapter 2. (b) The director shall issue rules consistent with this subchapter and subchapter 2 for the administration and enforcement of this subchapter and subchapter 2 and shall prescribe and issue forms in connection with these rules. (c) The director shall perform duties prescribed by this subchapter and subchapter 2 and shall have no financial, personal, or business interests, contingent or otherwise, in an entity within his or her licensing authority. (d) The director or his or her designee is the agent for service of process for all legal process and documents required by law to be served in conjunction with this subchapter and subchapter 2. Amended by Act 2019, No. 910,§ 5932, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 7, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 6, eff. 8/16/2013. Acts 1967, No. 413, §§ 4, 5; 1977, No. 910, § 2; A.S.A. 1947, §§ 71-2204, 71-2205.

(a) The Director of the Division of Arkansas State Police may perform the functions and duties enumerated in this subchapter and subchapter 2 with respect to the licensing of polygraph examiners and interns and perform all other acts incidental and necessary to the proper performance of the functions and duties as prescribed in this subchapter and subchapter 2.

(b) The director shall issue rules consistent with this subchapter and subchapter 2 for the administration and enforcement of this subchapter and subchapter 2 and shall prescribe and issue forms in connection with these rules.

(c) The director shall perform duties prescribed by this subchapter and subchapter 2 and shall have no financial, personal, or business interests, contingent or otherwise, in an entity within his or her licensing authority.

(d) The director or his or her designee is the agent for service of process for all legal process and documents required by law to be served in conjunction with this subchapter and subchapter 2.

Amended by Act 2019, No. 910,§ 5932, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 7, eff. 9/1/2015.

Amended by Act 2013, No. 1216,§ 6, eff. 8/16/2013.

Acts 1967, No. 413, §§ 4, 5; 1977, No. 910, § 2; A.S.A. 1947, §§ 71-2204, 71-2205.
Ark. Code Ann. § 17-42-508 — AR Code / Title 17 / Chapter 42 / Subchapter 5 / Section 17-42-508
Subpoenas and subpoenas duces tecum
Status: in_force

The Arkansas Real Estate Commission may issue subpoenas and subpoenas duces tecum with both its investigations and hearings of persons, entities, and courses under § 17-42-205 . Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.

The Arkansas Real Estate Commission may issue subpoenas and subpoenas duces tecum with both its investigations and hearings of persons, entities, and courses under § 17-42-205 .

Added by Act 2013, No. 281,§ 3, eff. 7/22/2015.