reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-701 - Definitions

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.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-702 - Certificate required

In order to safeguard life and health, any person serving or offering to serve as a medication assistive person shall:
(1)
Submit evidence that he or she is qualified to so serve; and
(2)
Be certified as provided in this subchapter.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-703 - Designated facilities

(a)
The Arkansas State Board of Nursing shall designate the types of facilities that may use medication assistive persons.
(b)
(1)
Designated facilities may not be required to use medication assistive persons.
(2)
However, if a designated facility elects to use medication assistive personnel, the facility shall notify the board in a manner prescribed by the board.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-704 - Qualifications

(a)
In order to be certified as a medication assistive person, an applicant shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant:
(1)
(A)
Is currently listed in good standing on the state's certified nurse aide registry;
(B)
Has maintained registration on the state's certified nurse aide registry continuously for a minimum of one (1) year;
(C)
Has completed at least one (1) continuous year of full-time experience as a certified nurse aide in this state;
(D)
Is currently employed at a designated facility;
(E)
Has a high school diploma or the equivalent;
(F)
Has successfully completed a literacy and reading comprehension screening process approved by the board;
(G)
Has successfully completed a medication assistive person training course of not less than one hundred (100) hours approved by the board; and
(H)
Has successfully passed an examination on subjects the board determines; or
(2)
(A)
Has completed a portion of a nursing education program equivalent to the medication assistive person training course; and
(B)
Passed the medication aide examination.
(b)
The board may issue a certification as a medication assistive person by endorsement to an applicant who has been licensed or certified as a medication assistive person under the laws of another state or territory, if:
(1)
In the opinion of the board, the applicant meets the qualifications of medication assistive persons in this state; and
(2)
The board recommends certification.
(c)
Any person holding a certification as a medication assistive person shall have the right to use the title "medication assistive person" and the abbreviation "M.A.P.".
(d)
The training courses for medication assistive persons may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities.
Amended by Act 2021, No. 759,§ 2, eff. 7/28/2021.
Acts 2005, No. 1423, § 4; 2007, No. 206, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-705 - Scope of work

(a)
(1)
A medication assistive person may perform the delegated nursing function of medication administration and related tasks in accordance with rules promulgated by the Arkansas State Board of Nursing.
(2)
A medication assistive person shall perform medication administration and related tasks only:
(A)
At a designated facility; and
(B)
Under the supervision of a licensed nurse.
(3)
(A)
Medication administration shall be limited to the administration of nonprescription and legend drugs ordered by an authorized prescriber by the following methods:
(i)
Orally;
(ii)
Topically;
(iii)
Drops for eye, ear, or nose;
(iv)
Vaginally;
(v)
Rectally;
(vi)
Transdermally; and
(vii)
Via oral inhaler.
(B)
Medication administration by a medication assistive person shall not include controlled substances.
(b)
A medication assistive person shall not:
(1)
Receive, have access to, or administer any controlled substance;
(2)
Administer parenteral, enteral, or injectable medications;
(3)
Administer any substances by nasogastric or gastrostomy tubes;
(4)
Calculate drug dosages;
(5)
Destroy medication;
(6)
Receive orders, either in writing or verbally, for new or changed medications;
(7)
Transcribe orders from the medical record;
(8)
Order initial medications;
(9)
Evaluate medication error reports;
(10)
Perform treatments;
(11)
Conduct patient assessments or evaluations; or
(12)
Engage in patient teaching activities.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-706 - Renewal of certifications

(a)
(1)
The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical renewal of medication assistive person certifications.
(2)
In each case, the board shall mail a notification for renewal to the medication assistive person at least thirty (30) days before the expiration date of the certification.
(b)
(1)
Upon receipt of the renewal application and the fee, the board shall verify the accuracy of the application.
(2)
(A)
If the board finds the application to be accurate, the board shall issue a certificate of renewal to the applicant.
(B)
As a condition of certification renewal, a medication assistive person shall be:
(i)
Currently listed in good standing on the state's certified nurse aide registry; and
(ii)
Required to satisfactorily complete at least eight (8) hours of continuing medication education course work as required by the board.
(c)
The renewal shall render the holder of the certificate a legal provider of medication assistive person services for the period stated in the certificate of renewal.
(d)
Any medication assistive person who allows his or her certification to lapse by failing to renew the certification as provided in this section may be reinstated by the board on:
(1)
Payment of the renewal fee plus a penalty; and
(2)
Submission of evidence that the person currently meets the requirements to serve as a medication assistive person.
(e)
Any person providing services as a medication assistive person during the time his or her certification has lapsed shall be considered to be providing services illegally and shall be subject to the penalties provided for violations of this subchapter.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-707 - Disciplinary actions

(a)
The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any medication assistive person certificate issued by the board or applied for in accordance with the provisions of this subchapter or to otherwise discipline a certificate holder upon proof that the person:
(1)
Has been found guilty of or pleads guilty or nolo contendere to:
(A)
Fraud or deceit in procuring or attempting to procure a medication assistive person certificate; or
(B)
Providing services as a medication assistive person without a valid certificate;
(2)
Is unfit or incompetent by reason of negligence, habits, or other causes;
(3)
Is habitually intemperate or is addicted to the use of habit-forming drugs;
(4)
Is mentally incompetent;
(5)
Is guilty of unprofessional conduct;
(6)
Has had a license, certificate, or registration revoked or suspended;
(7)
Has been placed on probation or under disciplinary order in any jurisdiction;
(8)
Has voluntarily surrendered a license, certification, or registration and has not been reinstated in any jurisdiction; or
(9)
Has willfully or repeatedly violated any of the provisions of this subchapter.
(b)
The board shall refuse to issue or shall revoke the certificate of any person who would be disqualified from employment under the provisions of §
20-33-213
.
(c)
Proceedings under this section shall be conducted in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 990,§ 77, eff. 7/24/2019.
Acts 2005, No. 1423, § 4; 2009, No. 762, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-708 - Penalty

(a)
(1)
It shall be a misdemeanor for any person to:
(A)
Sell or fraudulently obtain or furnish any medication assistive person's certificate, renewal, or record or aid or abet in any such sale or fraud;
(B)
Serve as a medication assistive person under cover of any certificate or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(C)
Serve as a medication assistive person unless certified by the Arkansas State Board of Nursing;
(D)
Use in connection with his or her name any of the following titles, names, or initials if the user is not properly certified under this subchapter:
(i)
Medication assistive person;
(ii)
M.A.P.;
(iii)
Medication aide;
(iv)
Medication technician;
(v)
Medication assistant;
(vi)
Certified medication aide;
(vii)
C.M.A.;
(viii)
Medication assistant - Certified;
(ix)
MA - C; or
(x)
Any other name, title, or initials that would cause a reasonable person to believe the user is certified under this subchapter;
(E)
Serve as a medication assistive person during the time his or her certification is suspended;
(F)
Conduct an education program for the preparation of medication assistive persons unless the program has been approved by the board; or
(G)
Otherwise violate any provisions of this subchapter.
(2)
(A)
A misdemeanor under subdivision (a)(1) of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500).
(B)
Each subsequent offense shall be punishable by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than thirty (30) days, or by both a fine and imprisonment.
(b)
(1)
After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) against a person or entity for each violation of this subchapter or rules promulgated under this subchapter.
(2)
Each day of violation shall be a separate offense.
(c)
Unless a penalty assessed under this section is paid within fifteen (15) calendar days following the date for an appeal from the order, the board may file suit in Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.
(d)
The penalties permitted in this section shall be in addition to other penalties that may be imposed by the board under this subchapter.
Amended by Act 2019, No. 315,§ 1544, eff. 7/24/2019.
Acts 2005, No. 1423, § 4; 2007, No. 206, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-709 - Injunction

(a)
The Pulaski County Circuit Court is vested with jurisdiction and power to enjoin the unlawful provision of medication assistive person services in any county of the State of Arkansas in a proceeding initiated by the Arkansas State Board of Nursing, any member of the board, or any citizen in this state.
(b)
(1)
The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this subchapter.
(2)
The remedy of injunction is to be in addition to liability for criminal prosecution.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-710 - [Repealed]

Repealed by Act 2023, No. 365,§ 42, eff. 7/1/2023.
Amended by Act 2015, No. 1100,§ 33, eff. 7/22/2015.
Acts 2005, No. 1423, § 4; 2007, No. 206, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 7 - MEDICATION ASSISTIVE PERSONS (§§ 17-87-701 — 17-87-711) › Section 17-87-711 - Applicability of subchapter

Nothing in this subchapter relieves a nurse from the responsibility of assessing each patient daily.
Acts 2005, No. 1423, § 4.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-801 - Title

This subchapter shall be known and may be cited as the "Alternative to Discipline Act".
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-802 - Purpose

The purpose of this subchapter is to:
(1)
Provide for the identification and treatment of individuals licensed or certified by the Arkansas State Board of Nursing who suffer from impairments;
(2)
Promote public health and safety; and
(3)
Ensure the continued availability of the skills of highly trained healthcare professionals for the benefit of the public.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-803 - Definitions

As used in this subchapter:
(1)
"Alternative to discipline program" means a plan approved by the Arkansas State Board of Nursing for intervention, treatment, and rehabilitation of an impaired individual who is licensed or certified by the board;
(2)
"Impairment" means the inability or significant potential for inability to practice with reasonable safety and skill as a result of a diagnosed substance use disorder or any diagnosed mental or physical health condition;
(3)
"Participant" means an applicant, licensee, or certified individual who:
(A)
Self reports an impairment to the board;
(B)
Is referred to the alternative to discipline program by the board; or
(C)
Signs an initial agreement with the alternative to discipline program coordinator to oversee the impaired participant; and
(4)
"Rehabilitation" means the process whereby an impaired participant advances in an alternative to discipline program to an optimal level of competence to practice under his or her license or certification without endangering the public.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-804 - Alternative to discipline program - Program coordinator duties - Board review

(a)
The Arkansas State Board of Nursing shall create an alternative to discipline program which shall:
(1)
Serve as a diversion program to which the board may refer participants when appropriate in lieu of or in addition to other disciplinary action; and
(2)
Be a source of referral for participants who, on a strictly voluntary basis, desire to avail themselves of its services.
(b)
The board may perform the following duties and powers while operating the alternative to discipline program:
(1)
Approve addiction evaluators and treatment programs available through the alternative to discipline program;
(2)
Contract with providers of treatment programs;
(3)
Receive and evaluate reports of suspected impairment, regardless of the source of the report;
(4)
Intervene in cases of verified impairment;
(5)
Refer impaired individuals to the program coordinator of the alternative to discipline program or another treatment program, or both;
(6)
Monitor the treatment and rehabilitation of impaired participants and the post-treatment of impaired participants who are rehabilitated; and
(7)
Perform other activities deemed necessary to accomplish the purposes of this subchapter.
(c)
(1)
The board shall employ a program coordinator to organize and administer the alternative to discipline program.
(2)
The program coordinator shall:
(A)
Review and evaluate individuals who request participation in or are recommended for the alternative to discipline program;
(B)
Review and designate treatment facilities and services to which participants in the alternative to discipline program may be referred;
(C)
Receive and review information relating to the participation of participants in the alternative to discipline program;
(D)
Prepare reports for the board; and
(E)
Carry out other duties as deemed necessary by the board.
(3)
(A)
The board shall review the activities of the program coordinator.
(B)
As part of this evaluation, the board may review files of all participants in the alternative to discipline program.
(C)
The board shall also resolve complaints voiced regarding the alternative to discipline program.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-805 - Reporting procedure

The Arkansas State Board of Nursing shall develop rules and procedures for:
(1)
Reporting to the board:
(A)
The names and results of any contact or investigation regarding an impaired participant who is believed to be an imminent danger to the public or to himself or herself;
(B)
An impaired participant who:
(i)
Fails or refuses to:
(a)
Cooperate with the program coordinator; or
(b)
Submit to treatment;
(ii)
Exhibits professional incompetence; or
(iii)
Does not have alleviation through treatment for his or her impairment; and
(C)
A participant of the alternative to discipline program resuming practice;
(2)
Informing each participant of the alternative to discipline program regarding the alternative to discipline program requirements, alternative to discipline program procedures, responsibilities of the participant, and consequences of noncompliance; and
(3)
Performing other activities as necessary to implement this subchapter.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-806 - Program requirements

(a)
(1)
Eligibility to participate in the alternative to discipline program is at the sole discretion of the Arkansas State Board of Nursing.
(2)
A person is not entitled to participate in the alternative to discipline program.
(b)
To establish eligibility, a participant shall:
(1)
Have a license or certification issued or an application for licensure or certification in the State of Arkansas;
(2)
Acknowledge that the participant has a drug or alcohol abuse problem or addiction; and
(3)
Meet any other requirements determined by the board.
(c)
A participant in the alternative to discipline program shall:
(1)
Agree to:
(A)
Complete an evaluation conducted by a board-approved evaluator in order to outline the treatment required;
(B)
Place his or her license or certification on inactive status until a treatment provider determines that the participant can safely practice;
(C)
Comply with:
(i)
The written terms of the agreement to participate in the alternative to discipline program; and
(ii)
The terms and conditions of any contract between the board and participant;
(D)
Pay all costs for treatment and monitoring;
(E)
Select from board-approved evaluators, treatment facilities, counselors, and laboratory facilities before utilization of services; and
(F)
Admit in an affidavit to violations of §
17-87-101
et seq.; and
(2)
Perform other activities as determined necessary by the board.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-807 - Failure to comply

(a)
Participation in the alternative to discipline program under this subchapter is not a defense to any disciplinary action that may be taken by the Arkansas State Board of Nursing.
(b)
This subchapter does not preclude the board from commencing disciplinary action against a participant who is terminated from or fails to comply with the alternative to discipline program.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 8 - ALTERNATIVE TO DISCIPLINE ACT (§§ 17-87-801 — 17-87-808) › Section 17-87-808 - Liability

(a)
A person acting on behalf of the Arkansas State Board of Nursing in the alternative to discipline program under this section is considered an officer or employee of the State of Arkansas for purposes of:
(1)
Immunity from civil liability under §
19-10-301
et seq.; and
(2)
Payment of actual damages on behalf of state officers or employees under §
21-9-201
et seq.
(b)
(1)
Except as provided in subdivision (b)(3) of this section, all participant records shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction.
(2)
However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request.
(3)
The records regarding a participant in the alternative to discipline program shall be available to:
(A)
The board;
(B)
The staff of the board;
(C)
An employer;
(D)
A treating healthcare provider;
(E)
Education programs; and
(F)
Other states' nursing boards.
Amended by Act 2023, No. 234,§ 1, eff. 8/1/2023.
Added by Act 2017, No. 325,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-88-101 — 17-88-105) › Section 17-88-101 - Short title

This chapter shall be known and may be cited as the "Arkansas Occupational Therapy Practice Act".
Acts 1977, No. 381, § 1; A.S.A. 1947, § 72-1901.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-88-101 — 17-88-105) › Section 17-88-102 - Definitions

As used in this chapter:
(1)
"Occupational therapist" means a person licensed to practice occupational therapy, whose license is in good standing;
(2)
(A)
"Occupational therapy" means the evaluation and treatment of individuals whose ability to cope with the tasks of living is threatened or impaired by developmental deficits, the aging process, poverty or cultural differences, environmental or sensory deprivation, physical injury or illness, or psychological and social disability.
(B)
The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual so that he or she might perform tasks normally performed at his or her stage of development.
(C)
Specific occupational therapy techniques include, but are not limited to:
(i)
Instruction in activities of daily living, design, fabrication, application, recommendation, and instruction in the use of selected orthotic or prosthetic devices and other adaptive equipment;
(ii)
Perceptual-motor and sensory integrative activities;
(iii)
The use of specifically designed crafts;
(iv)
Exercises to enhance functional performance; and
(v)
Prevocational evaluation and treatment.
(D)
The techniques are applied in the treatment of individual patients or clients, in groups, or through social systems;
(3)
"Occupational therapy aide" or "worker" means a person who aids a licensed occupational therapist in the practice of occupational therapy, whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy;
(4)
"Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the frequent and regular supervision by or with consultation with an occupational therapist, whose license is in good standing. The definition of "frequent" and "regular" will be established by the Arkansas State Occupational Therapy Examining Committee; and
(5)
"Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this chapter.
Amended by Act 2019, No. 386,§ 40, eff. 7/24/2019.
Acts 1977, No. 381, § 2; A.S.A. 1947, § 72-1902.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-88-101 — 17-88-105) › Section 17-88-103 - Exceptions

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:
(1)
Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed;
(2)
Any person employed as an occupational therapist or occupational therapy assistant by the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed;
(3)
Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee;
(4)
Any person fulfilling the supervised field work experience requirements of §
17-88-302
, if such activities and services constitute a part of the experiences necessary to meet the requirements of that section;
(5)
Any person employed by or working under the direct supervision of an occupational therapist as an occupational therapy aide; or
(6)
Any person licensed as an occupational therapist in another state, United States possession, or country or who has received at least a baccalaureate degree or its equivalent in occupational therapy and who is in this state for the purpose of:
(A)
Consultation, provided the practice is limited to consultation; or
(B)
Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education in an approved school of occupational therapy or its affiliated clinical facilities or healthcare agencies or before a group of licensed occupational therapists.
Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-88-101 — 17-88-105) › Section 17-88-104 - False oath or affirmation - Penalty

(a)
A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this chapter or who obtains or attempts to obtain registration by any fraudulent representation shall be guilty of a misdemeanor.
(b)
Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for a period of not less than one (1) month nor more than six (6) months, or be both fined and imprisoned.
Acts 1977, No. 381, § 17; A.S.A. 1947, § 72-1917.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-88-101 — 17-88-105) › Section 17-88-105 - Disposition of funds

All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board, shall be deposited into the State Treasury, shall be credited to the State Medical Board - Occupational Therapy Fund, which is created, and shall be expended by the board in accordance with the appropriation by the General Assembly.
Acts 1977, No. 381, § 20; A.S.A. 1947, § 72-1920.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-88-201 — 17-88-202) › Section 17-88-201 - Arkansas State Medical Board

(a)
The Arkansas State Medical Board shall administer the provisions of this chapter.
(b)
With the advice and assistance of the Arkansas State Occupational Therapy Examining Committee, the board shall pass upon the qualification of applicants for licensure, regulate and supervise all examinations, determine the applicants who successfully pass the examination, and license the applicants who meet the qualifications provided in this chapter.
(c)
In addition to the other powers and duties set out elsewhere in this chapter, the board shall:
(1)
Adopt and put into effect reasonable rules to carry this chapter into effect;
(2)
Investigate reported violations of this chapter and take such steps as may be necessary to enforce this chapter;
(3)
Keep a record of its proceedings under this chapter and of all persons registered by it on a register which shall show the name of every registrant, his or her last known place of business, his or her last known place of residence, and the date and number of his or her license; and
(4)
Compile a list of all occupational therapists who are licensed to practice occupational therapy in the State of Arkansas. The list shall be printed annually. It shall furnish a copy of the list to all persons requesting it upon the payment of a fee as may be fixed by the board to compensate for the cost of printing the list.
Amended by Act 2019, No. 315,§ 1545, eff. 7/24/2019.
Acts 1977, No. 381, §§ 3, 5; A.S.A. 1947, §§ 72-1903, 72-1905.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-88-201 — 17-88-202) › Section 17-88-202 - Arkansas State Occupational Therapy Examining Committee

(a)
There is created an Arkansas State Occupational Therapy Examining Committee to assist the Arkansas State Medical Board in carrying out the provisions of this chapter.
(b)
(1)
The committee shall consist of five (5) members appointed by the Governor subject to confirmation by the Senate for terms of five (5) years, each of whom is a citizen of the United States and a resident of the State of Arkansas. One (1) member shall be a member of a minority race.
(2)
Three (3) members shall be persons licensed under this chapter who have had at least three (3) years' experience in the practice of occupational therapy in this state and shall be appointed after consulting the Arkansas Occupational Therapy Association.
(3)
One (1) member shall be a resident of this state who is not engaged in or licensed to practice as an occupational therapist, and shall represent consumers.
(4)
One (1) member shall not be actively engaged in or retired from the profession of occupational therapy, shall be sixty (60) years of age or older, and shall represent the elderly. This member shall be appointed from the state at large, subject to the confirmation of the Senate. He or she will be a full voting member but shall not participate in the grading of examinations.
(c)
The consumer representative position and the representative of the elderly position may not be filled by the same person.
(d)
Vacancies shall be filled in the same manner for the unexpired term.
(e)
The members of the committee may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
(f)
The committee is directed by this chapter to define "regular" and "frequent" as they relate to the supervision of occupational therapy assistants and to write and publish a code of ethics for the practice of occupational therapy and rules defining unprofessional conduct and gross negligence.
(g)
In addition, the committee may be delegated by the board such powers and duties as it may deem proper.
Amended by Act 2017, No. 540,§ 29, eff. 8/1/2017.
Acts 1977, No. 381, §§ 4, 6, 20; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1904, 72-1906, 72-1920; Acts 1997, No. 250, § 161.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-301 - License required

No person shall practice occupational therapy or hold himself or herself out as an occupational therapist or occupational therapy assistant or as being able to practice occupational therapy or to render occupational therapy services in the state unless he or she is licensed in accordance with the provisions in this chapter.
Acts 1977, No. 381, § 18; A.S.A. 1947, § 72-1918.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-302 - Qualifications of applicants

Each applicant must meet the following conditions:
(1)
The applicant must be an individual at least eighteen (18) years of age;
(2)
[Repealed.]
(3)
(A)
The applicant must have successfully completed the academic requirements of an educational program in occupational therapy with concentration in biological or physical science, psychology, and sociology, and with education in selected manual skills.
(B)
For an occupational therapist, the program shall be accredited by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of a bachelor's or master's level degree or advanced standing certificate in occupational therapy.
(C)
For an occupational therapy assistant, the program shall be approved by the Accreditation Council for Occupational Therapy Education and shall lead to the awarding of an associate level degree in occupational therapy;
(4)
The applicant must have successfully completed a period of supervised field work experience at a recognized educational institution where he or she met the following academic requirements:
(A)
For an occupational therapist, a minimum of six (6) months of supervised field work experience is required; or
(B)
For an occupational therapy assistant, a minimum of two (2) months of supervised field work experience at an approved facility other than the one at which the person was previously employed, if applicable, is required; and
(5)
The applicant must have passed an examination conducted by the Arkansas State Medical Board as provided in §
17-88-304
.
Amended by Act 2019, No. 990,§ 78, eff. 7/24/2019.
Amended by Act 2019, No. 265,§ 1, eff. 7/24/2019.
Acts 1977, No. 381, § 7; A.S.A. 1947, § 72-1907; Acts 1993, No. 1219, § 16.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-303 - Issuance pursuant to examination

(a)
The Arkansas State Medical Board shall register as an occupational therapist and shall issue a license to any person who satisfactorily passes the examination provided for in §
17-88-304
and who otherwise meets the requirements for qualifications contained in this subchapter and pays a fee as determined by the Arkansas State Occupational Therapy Examining Committee.
(b)
The board shall register as an occupational therapy assistant and shall issue a license to any person who satisfactorily passes the examination provided for in §
17-88-304
and who otherwise meets the qualifications contained herein and pays a fee as determined by the committee.
Acts 1977, No. 381, § 10; A.S.A. 1947, § 72-1910.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-304 - Examinations

(a)
(1)
Any person applying for licensure, in addition to demonstrating his or her eligibility in accordance with the requirements of §
17-88-302
, shall make application to the Arkansas State Medical Board for examination at least thirty (30) days before the date of examination upon a form and in a manner as the board shall prescribe.
(2)
The application shall be accompanied by a fee to be determined by the Arkansas State Occupational Therapy Examining Committee. The fee shall not be refunded.
(b)
(1)
An applicant who fails an examination may make reapplication for reexamination accompanied by the prescribed fee.
(2)
Any applicant who fails three (3) examinations must take additional educational work in the areas of weakness as deemed necessary by the committee before being eligible for reexamination.
(c)
(1)
Each applicant for licensure under this chapter shall be examined by the board to test his or her knowledge of the basic and clinical sciences relating to occupational therapy and to occupational therapy theory and practice.
(2)
The knowledge tested will include the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods and any other subjects the board, with the advice of the committee, may deem useful to determine the applicant's fitness to practice.
(3)
The committee shall establish standards for acceptable performance.
(d)
(1)
Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.
(2)
Examination shall be given at least two (2) times each year at such places within this state as the board may determine. The board shall give reasonable public notice of the examination in accordance with its rules at least sixty (60) days before their administration and shall notify by mail all individual examination applicants of the time and place of their administration.
(e)
Applicants may obtain their examination scores and may review their papers in accordance with such rules as the board may establish.
Acts 1977, No. 381, § 8; A.S.A. 1947, § 72-1908.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-305 - Reciprocity

(a)
A licensed occupational therapist who has been issued a license to practice occupational therapy in another state or territory whose requirements for registration and licensure were equal at the time of his or her registration to the requirements in this chapter may be registered and issued a license by the Arkansas State Medical Board, provided that 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 a license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide such rules governing admission as it may deem necessary or desirable.
(c)
Any occupational therapist or occupational therapy assistant who has been certified by the Accreditation Council of Occupational Therapy Education and who has been in continuous practice for the past five (5) years and who comes to Arkansas from a state presently not granting reciprocity or from a state not requiring licensing shall be eligible for licensing in Arkansas.
Amended by Act 2019, No. 315,§ 1546, eff. 7/24/2019.
Amended by Act 2019, No. 265,§ 2, eff. 7/24/2019.
Acts 1977, No. 381, § 12; A.S.A. 1947, § 72-1912.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-306 - Temporary licenses

(a)
The Executive Director of the Arkansas State Medical Board shall issue a temporary license without examination to practice occupational therapy in association with an occupational therapist licensed under this chapter to persons who have completed the education and experience requirements of this chapter and who are required to be licensed in order to obtain employment as an occupational therapist.
(b)
The temporary license shall be valid until the date on which the results of the next qualifying examination have been made public.
(c)
This temporary license shall only be renewed one (1) time if the applicant has not passed the examination or if the applicant has failed to take the qualifying examination, unless that failure is justified by good cause acceptable at the discretion of the executive director.
Acts 1977, No. 381, § 9; A.S.A. 1947, § 72-1909.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-307 - Reregistration

(a)
(1)
A renewal or reregistration fee which shall be determined by the Arkansas State Occupational Therapy Examining Committee shall be paid to the Arkansas State Medical Board by each occupational therapist who holds a license to practice occupational therapy in the State of Arkansas.
(2)
The committee will also establish additional requirements for license renewal which provide evidence of continued competency.
(b)
The reregistration fee shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated.
(c)
(1)
Failure to reregister and pay the reregistration fee by the last day of the birth month of the license holder shall cause the license of any person so failing to pay the registration fee to expire automatically.
(2)
Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty, to be determined by the committee, for each year or part of a year it has been delinquent.
(3)
Any person who shall fail to reregister and pay the annual license fee for five (5) consecutive years shall be required to be reexamined by the board before his or her license may be reinstated.
Acts 1977, No. 381, § 13; A.S.A. 1947, § 72-1913; Acts 1997, No. 313, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 88 - OCCUPATIONAL THERAPISTS (§§ 17-88-101 — 17-88-402) › Subchapter 3 - LICENSING (§§ 17-88-301 — 17-88-312) › Section 17-88-308 - Display of license or renewal certificate

Each licensee shall display his or her license and renewal certificate in a conspicuous place in the principal office where he or she practices occupational therapy.
Acts 1977, No. 381, § 11; A.S.A. 1947, § 72-1911.