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 101 - VETERINARIANS AND ANIMAL TECHNICIANS (§§ 17-101-101 — 17-101-320) › Subchapter 3 - LICENSING (§§ 17-101-301 — 17-101-320) › Section 17-101-319 - Veterinary technician specialist - Certification

(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.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-101 - Title

This chapter shall be known as the "Arkansas Acupuncture Practices Act".
Acts 1997, No. 816, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-102 - Definitions

As used in this chapter:
(1)
"Acupuncture" means the insertion, manipulation, and removal of needles from the body and the use of other modalities and procedures at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health, but acupuncture shall not be considered surgery;
(2)
"Acupuncturist" means a person licensed under this chapter to practice acupuncture and related techniques in this state and includes the terms "licensed acupuncturist", "certified acupuncturist", "acupuncture practitioner", and "Oriental acupuncture practitioner";
(3)
"Board" means the Arkansas State Board of Acupuncture and Related Techniques;
(4)
"Chiropractic physician" means a person licensed under the Arkansas Chiropractic Practices Act, §
17-81-101
et seq.;
(5)
"Moxibustion" means the use of heat on, or above, or on acupuncture needles, at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder; and
(6)
(A)
"Related techniques" means the distinct system of basic health care that uses all allied diagnostic and treatment techniques of acupuncture, Oriental, traditional, and modern, for the prevention or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health.
(B)
As used in this subdivision (6), "related techniques" includes, but is not limited to, acupuncture, moxibustion or other heating modalities, cupping, magnets, cold laser, electroacupuncture including electrodermal assessment, application of cold packs, ion pumping cord, lifestyle counseling, including general eating guidelines, tui na, massage incidental to acupuncture, breathing and exercising techniques, and the recommendation of Chinese herbal medicine lawfully and commercially available in the United States. Provided, "related techniques", including, but not limited to, tui na, shall not involve manipulation, mobilization, or adjustment to the spine or extraspinal articulations.
Acts 1997, No. 816, § 2; 2011, No. 859, § 12.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-103 - Disposition of funds

(a)
(1)
All fees authorized by this chapter are the property of the Arkansas State Board of Acupuncture and Related Techniques and shall be provided to the Treasurer of the Arkansas State Board of Acupuncture and Related Techniques to be disposed of as provided in this chapter.
(2)
Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out.
(b)
All funds received by the board shall be deposited into a financial institution designated by the board and expended in the furtherance of the purposes of this chapter and the board's duties thereunder, which include, but are not limited to:
(1)
The publication and distribution of the Arkansas Acupuncture Practices Act, §
17-102-101
et seq.;
(2)
The publication and yearly distribution of a directory of all licensed acupuncturists;
(3)
Investigations of violations of this chapter;
(4)
Institution of actions to compel compliance with the provisions of this chapter; and
(5)
Defense of actions brought against it as a result of its actions under the provisions of this chapter.
Acts 1997, No. 816, § 13.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-104 - False advertising

(a)
A person defined in §
17-102-102(4)
shall not solicit for patronage or advertise for patronage by any means whatever that are misleading, fraudulent, deceptive, or dishonest.
(b)
It constitutes false advertising under this section for an acupuncturist as defined in §
17-102-102(2)
to refer to himself or herself other than as a licensed acupuncturist, certified acupuncturist, acupuncture practitioner, or Oriental acupuncture practitioner.
(c)
A person licensed or certified under this chapter shall not identify himself or herself as a doctor or physician.
(d)
A violation of this section is grounds for disciplinary action under §
17-102-309(a)(4)
.
Acts 1997, No. 816, § 5; 2009, No. 1461, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-105 - Public health and sanitation

(a)
Acupuncturists shall use only presterilized, disposable needles in their administration of acupuncture treatments. The use of staples in the practice of acupuncture is unlawful.
(b)
Sanitation practices shall include:
(1)
Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients; and
(2)
Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles.
(c)
No person shall be allowed to practice acupuncture and related techniques without first having passed a nationally recognized clean-needle-technique course.
Acts 1997, No. 816, § 23.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-102-101 — 17-102-106) › Section 17-102-106 - Prosecution of violations

It shall be the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their jurisdictions when requested and authorized by the Arkansas State Board of Acupuncture and Related Techniques.
Acts 1997, No. 816, § 6.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 2 - ARKANSAS STATE BOARD OF ACUPUNCTURE AND RELATED TECHNIQUES (§§ 17-102-201 — 17-102-206) › Section 17-102-202 - Board members - Qualifications

(a)
Each member of the Arkansas State Board of Acupuncture and Related Techniques shall be a citizen of the United States, a resident of this state, and, before entering upon the duties of the office, shall take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment.
(b)
Each full professional member also shall be a graduate of a reputable school or institute of acupuncture or Oriental medicine and be certified by the National Certification Commission for Acupuncture and Oriental Medicine.
Acts 1997, No. 816, § 8.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 2 - ARKANSAS STATE BOARD OF ACUPUNCTURE AND RELATED TECHNIQUES (§§ 17-102-201 — 17-102-206) › Section 17-102-203 - Board members - Liability

No member of the Arkansas State Board of Acupuncture and Related Techniques during the term of his or her office or thereafter shall be liable for damages as a result of any official act in the performance of his or her duty as such a member. Any action therefor shall upon motion be dismissed with prejudice at the cost of the plaintiff.
Acts 1997, No. 816, § 9.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 2 - ARKANSAS STATE BOARD OF ACUPUNCTURE AND RELATED TECHNIQUES (§§ 17-102-201 — 17-102-206) › Section 17-102-204 - Board organization - Meetings

(a)
The Arkansas State Board of Acupuncture and Related Techniques shall within sixty (60) days of August 1, 1997, and every May thereafter hold a meeting and elect from its membership a president, a secretary, and a treasurer for terms set by the board.
(b)
(1)
It shall be the duty of the board to meet regularly one (1) time in every six (6) months.
(2)
Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Acupuncture and Related Techniques or by the Secretary of the Arkansas State Board of Acupuncture and Related Techniques on the request of any two (2) full members of the board.
(3)
Three (3) full members shall constitute a quorum at any meeting of the board.
(c)
The board shall determine by its own rules the time and manner of giving notice to members of meetings and other matters.
(d)
Any action of the board shall require an affirmative vote of a majority of the full membership of the board, excluding the ex officio member.
Acts 1997, No. 816, § 10.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 2 - ARKANSAS STATE BOARD OF ACUPUNCTURE AND RELATED TECHNIQUES (§§ 17-102-201 — 17-102-206) › Section 17-102-205 - Board minutes - Records

(a)
The Secretary of the Arkansas State Board of Acupuncture and Related Techniques shall keep a record of the minutes of its meetings and a record of all persons making application for license and the action of the Arkansas State Board of Acupuncture and Related Techniques thereon.
(b)
The secretary shall also keep a record of the names, addresses, and license numbers of all acupuncturists licensed by the board, together with a record of license renewals, suspensions, and revocations.
Acts 1997, No. 816, § 11.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-301 - License required

In order to safeguard life and health, any person practicing acupuncture and related techniques in the state for compensation or gratuitously shall be required to submit evidence that he or she is qualified to practice and licensed as provided in this chapter.
Acts 1997, No. 816, § 14.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-302 - [Repealed]

Repealed by Act 2013, No. 1147,§ 3, eff. 8/16/2013.
Acts 1997, No. 816, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-303 - Unlawful practice - Penalty - Injunction

(a)
Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under the provisions of this chapter:
(1)
To practice or offer to practice acupuncture and related techniques; or
(2)
To use any sign, card, or device to indicate that the person is an acupuncturist.
(b)
Except as otherwise provided in this chapter, any person who shall attempt to practice acupuncture and related techniques as defined in this chapter without having first been licensed or otherwise permitted under the provisions of this chapter to do so, shall be deemed guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense.
(c)
The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of acupuncture and related techniques in a proceeding by the Arkansas State Board of Acupuncture and Related Techniques or any member thereof or by any citizen of this state in the county in which the alleged unlawful practice occurred or 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.
Acts 1997, No. 816, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-305 - Examinations

(a)
Examinations shall be given in English and in writing and shall include the following subjects:
(1)
Anatomy and physiology;
(2)
Pathology;
(3)
Diagnosis;
(4)
Hygiene, sanitation, and sterilization techniques;
(5)
Acupuncture and related principles, practices, and techniques; and
(6)
Chinese herbal medicine.
(b)
The Arkansas State Board of Acupuncture and Related Techniques shall hold an examination at least one (1) time each calendar year, and all applicants shall be notified in writing of the date and time of all examinations. The board may utilize a nationally recognized examination if it deems the national exam is sufficient to qualify a practitioner for licensure in this state.
(c)
The board shall issue a license to every applicant whose application has been filed with and approved by the board and who has paid the required fees and who either:
(1)
Has passed the board's examination with a score on each subject of not less than seventy percent (70%); or
(2)
Has achieved a passing score on a board-approved nationally recognized examination.
Acts 1997, No. 816, § 18.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-306 - Display of license

A person licensed under this chapter shall post his or her license in a conspicuous location in his or her place of practice.
Acts 1997, No. 816, § 19.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-307 - License renewal

Each licensee shall be required to pay biennial license renewal fees and meet continuing education requirements as specified in this chapter. A licensee who fails to renew his or her license within one (1) year after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets the following requirements:
(1)
Meets all current standards of the Arkansas State Board of Acupuncture and Related Techniques; and
(2)
Takes and passes the examination and pays all fees associated therewith as if seeking a license for the first time.
Acts 1997, No. 816, § 20.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-308 - Continuing education

(a)
The Arkansas State Board of Acupuncture and Related Techniques shall not renew the license of any person engaged in the practice of acupuncture and related techniques unless the licensee presents to the board evidence of attendance at a board-approved educational session or sessions of not fewer than twenty-four (24) hours of continuing education within the previous biennial period.
(b)
Licensees residing out of state shall comply with the continuing education requirements.
(c)
The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license.
Acts 1997, No. 816, § 21.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-309 - Disciplinary actions - Grounds - Action by the board

(a)
The following acts by an applicant for a license or by a licensed acupuncturist shall constitute grounds for which the disciplinary actions specified in subsection (b) of this section may be taken by the Arkansas State Board of Acupuncture and Related Techniques:
(1)
Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit;
(2)
Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same;
(3)
Advertising, practicing, or attempting to practice under a name other than one's own;
(4)
Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques;
(5)
Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes;
(6)
Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol;
(7)
Acting unprofessionally in the practice of acupuncture and related techniques;
(8)
Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or
(9)
Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board.
(b)
When the board finds any person guilty of any of the acts set forth in subsection (a) of this section, it has the sole authority to:
(1)
Refuse to issue a license to the offender;
(2)
Revoke or suspend the offender's license;
(3)
Restrict the practice of the offender;
(4)
Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense;
(5)
Reprimand the offender; or
(6)
Place the offender on probation for a period of time and subject to such conditions as the board may specify.
(c)
The board shall not reinstate the license of a acupuncturist or cause a license to be issued to a person it has deemed to be unqualified until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture and related techniques.
(d)
Disciplinary proceedings taken under this section shall be as provided in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1997, No. 816, § 22.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-310 - Exempted activities

Nothing herein shall be construed to prohibit or to require a license hereunder with respect to the practice of medicine and surgery, chiropractic, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, massage therapy, or any branch of the healing arts as defined by the laws of this state as now or hereafter enacted, it not being intended by this chapter to limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts.
Acts 1997, No. 816, § 15.
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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-311 - Exemptions

(a)
This chapter does not limit, interfere with, or prevent any other class of licensed healthcare professionals from practicing acupuncture and related techniques when permitted by its state licensing board.
(b)
However, a chiropractic physician may practice acupuncture as part of chiropractic practice after completing an educational program in acupuncture from a college accredited by the Council on Chiropractic Education.
(c)
A massage therapist may practice cupping therapy as part of massage therapy after completing an educational program in cupping therapy.
Amended by Act 2017, No. 530,§ 2, eff. 8/1/2017.
Acts 1997, No. 816, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-312 - Legend drugs

An acupuncturist as defined in §
17-102-102(2)
shall not prescribe, dispense, or administer a legend drug as defined under §
20-64-503
.
Acts 2009, No. 1461, § 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 102 - ACUPUNCTURISTS (§§ 17-102-101 — 17-102-313) › Subchapter 3 - LICENSING (§§ 17-102-301 — 17-102-313) › Section 17-102-313 - Injections

An acupuncturist as defined in §
17-102-102(2)
shall not administer an injection of a substance.
Acts 2009, No. 1461, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-101 - Title

This chapter shall be known and may be cited as the "Social Work Licensing Act".
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-102 - Purpose

(a)
The purpose of this chapter is to:
(1)
Declare the practice of social work a professional practice affecting the public health, safety, and welfare;
(2)
Subject the practice of social work to effective regulation and control to promote, preserve, and protect the public interest; and
(3)
Declare a matter of public interest and concern that the practice of social work, as defined in this chapter, merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of social work in the State of Arkansas.
(b)
This chapter shall be liberally construed to carry out these objectives and purposes.
Amended by Act 2015, No. 1170,§ 1, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-104 - Exemptions

(a)
This chapter does not prevent members of the clergy, Christian Science practitioners, and licensed professionals such as physicians, nurses, psychologists, counselors, and attorneys from doing work within the standards and ethics of their respective professions, if they do not hold themselves out to the public by any title or description of services as being social workers as defined under this chapter.
(b)
(1)
This chapter does not limit or prohibit the employment by a licensed hospital in this state of persons who perform services commonly within the definition of social work or of practices performed by social workers if the services are performed within the course and scope of their employment as employees of the hospital and only if the person does not represent himself or herself to the public as a social worker.
(2)
This chapter does not require a regular employee of a licensed hospital in this state to be licensed as a licensed social worker, a licensed master social worker, or a licensed certified social worker as a condition of employment by or performance of services as a social worker while employed in a licensed hospital in this state.
(c)
This chapter does not limit the activities and services of a graduate or undergraduate student who is currently enrolled in a social work program that is accredited by the Council on Social Work Education if he or she does not represent himself or herself as a social worker.
(d)
(1)
This chapter does not require a person to be licensed as a licensed social worker who is engaged in the practice of a specialty area of social work while an employee of an agency or department of the state in any of the following job classifications, but only if the person is engaged in that practice as an employee of the agency or department and only if the person does not represent himself or herself to the public as a social worker:
(A)
A family service worker;
(B)
A social service worker; or
(C)
An adult protective services worker.
(2)
It is the intent of the General Assembly to restrict licensure to those individuals who are represented to be social workers. It is not the intent of the General Assembly to license persons such as state employees in the job classifications of social service workers and family service workers.
Amended by Act 2019, No. 623,§ 1, eff. 7/24/2019.
Amended by Act 2015, No. 1170,§ 1, eff. 7/22/2015.
Acts 1999, No. 1122, § 1; 2009, No. 297, § 1; 2011, No. 859, § 13.
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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-105 - Violations

The following acts constitute violations of this chapter:
(1)
Representing oneself to be a social worker or engaging in the practice of social work unless licensed as a licensed social worker, a licensed master social worker, or a licensed certified social worker under this chapter;
(2)
Entering the private independent practice of clinical social work without being certified by the Arkansas Social Work Licensing Board;
(3)
Obtaining or attempting to obtain a license or renewal of a license by bribery or fraudulent representation; and
(4)
Knowingly making a false statement on any form promulgated by the board in accordance with this chapter or the rules under this chapter.
Amended by Act 2015, No. 1170,§ 1, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-106 - Penalties and enforcement

(a)
Violations of this chapter shall constitute Class A misdemeanors.
(b)
(1)
(A)
When the Arkansas Social Work Licensing Board is made aware of a possible violation of §
17-103-105
, a registered letter with a return receipt requested shall be mailed to the individual in question, calling to his or her attention the pertinent aspects of the law and the rules of the board.
(B)
If the individual continues the alleged illegal practice, the information shall be forwarded to the appropriate law enforcement authorities for legal action.
(2)
The board shall assist the prosecuting attorney in the enforcement of this chapter.
(3)
Any member of the board may present evidence of a violation to the appropriate prosecuting attorney.
Amended by Act 2019, No. 315,§ 1668, eff. 7/24/2019.
Acts 1999, No. 1122, § 1; 2003, No. 1274, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-107 - Privileged communications

(a)
(1)
A licensed certified social worker, licensed master social worker, or licensed social worker or his or her secretary, stenographer, or clerk shall not disclose any information acquired from a person consulting him or her in his or her professional capacity except with the written consent of:
(A)
The person; or
(B)
In the case of death or disability of the person:
(i)
The person's own legal guardian;
(ii)
Another person authorized to sue on behalf of the person; or
(iii)
The beneficiary of an insurance policy on the person's life, health, or physical condition.
(2)
A licensed certified social worker, licensed master social worker, or licensed social worker is not required to treat as confidential a communication that reveals the intended commission of a crime or a harmful act.
(3)
If the person is a minor under the laws of this state and the information acquired by the licensed certified social worker, licensed master social worker, or licensed social worker indicates that the minor was the victim or subject of a crime, the licensed certified social worker, licensed master social worker, or the licensed social worker may be required to testify fully in any examination, trial, or other proceedings in which the commission of such a crime is the subject of inquiry.
(4)
The licensed certified social worker, licensed master social worker, or the licensed social worker may disclose a person's acquired information:
(A)
If the person waives the privilege by bringing charges against the licensed certified social worker, licensed master social worker, or the licensed social worker; or
(B)
(i)
In the course of formally reporting to, conferring with, or consulting with administrative superiors, colleagues, or consultants who share professional responsibility.
(ii)
Under any circumstance specified in this subdivision (a)(4)(B), a recipient of the disclosed information is bound under this section to regard the information as privileged.
(b)
This section does not prohibit a licensed social worker, a licensed master social worker, or a licensed certified social worker from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect, or other matters pertaining to children, the elderly, and adults with disabilities, except as prohibited under applicable state and federal laws.
Amended by Act 2023, No. 503,§ 4, eff. 8/1/2023.
Amended by Act 2015, No. 1170,§ 2, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-103-101 — 17-103-108) › Section 17-103-108 - Privileged communications - Not repealed

Notwithstanding the provisions of this section or any other law, the privileged communications provisions codified at §
17-103-107
are not repealed.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 2 - ARKANSAS SOCIAL WORK LICENSING BOARD (§§ 17-103-201 — 17-103-205) › Section 17-103-201 - Creation - Members

(a)
There is created the Arkansas Social Work Licensing Board.
(b)
All members of the Arkansas Social Work Licensing Board shall be appointed by the Governor with the consent of the Senate for terms of three (3) years and shall be residents of the state and citizens of the United States.
(c)
The Arkansas Social Work Licensing Board shall have nine (9) members and shall be composed of the following:
(1)
(A)
Three (3) members who are licensed certified social workers, two (2) members who are licensed master social workers, and one (1) member who is a licensed social worker.
(B)
(i)
The professional members shall be appointed from the list of social workers licensed by this chapter and shall have five (5) years of full-time social work practice experience before appointment to the Arkansas Social Work Licensing Board.
(ii)
The experience required under subdivision (c)(1)(B)(i) of this section may consist of direct social work practice, teaching, or administration in social work;
(2)
(A)
One (1) member who is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.
(B)
The member appointed under subdivision (c)(2)(A) of this section shall be in good standing with the American Board of Psychiatry and Neurology, Inc.;
(3)
One (1) member who is a representative of the public at large; and
(4)
(A)
One (1) member who is sixty (60) years of age or older, not actively engaged in or retired from professional social work, and shall represent the elderly.
(B)
The member appointed under subdivision (c)(4)(A) of this section shall be appointed from the state at large and shall be a full voting member.
(C)
The same member may not represent both the public at large and the elderly.
(d)
(1)
A member of the Arkansas Social Work Licensing Board may be removed from office by the Governor for cause.
(2)
In case of death, resignation, or removal, the vacancy of the unexpired term shall be filled by the Governor in the same manner as other appointments.
(3)
A member shall not serve more than two (2) consecutive terms.
(e)
(1)
A member of the Arkansas Social Work Licensing Board may receive expense reimbursement in accordance with §
25-16-902
.
(2)
All reimbursements for expenses authorized by this chapter shall be paid from the Social Work Licensing Fund.
(3)
Money shall not be paid from the General Revenue Fund Account for the administration of this chapter.
(f)
In addition to the expense reimbursement under subsection (e) of this section, each member of the Arkansas Social Work Licensing Board may receive a stipend in accordance with §
25-16-904
.
Amended by Act 2023, No. 254,§ 1, eff. 3/9/2023.
Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.
Acts 1999, No. 1122, § 1; 2009, No. 261, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 2 - ARKANSAS SOCIAL WORK LICENSING BOARD (§§ 17-103-201 — 17-103-205) › Section 17-103-202 - Organization and functions

(a)
(1)
At least two (2) regular meetings of the Arkansas Social Work Licensing Board shall be held each calendar year.
(2)
At the first regular meeting each year, the board shall elect a chair, a vice chair, and a secretary.
(3)
Other regular meetings may be held at such time as the rules of the board may provide.
(b)
Special called meetings may be held at the discretion of the Chair of the Arkansas Social Work Licensing Board or at the written request of any three (3) members of the board.
(c)
Reasonable notice of all meetings shall be given in the manner prescribed by the laws of this state.
(d)
A quorum of the board shall consist of four (4) members.
(e)
The board may employ a Director of the Arkansas Social Work Licensing Board, in consultation with the Secretary of the Department of Health, for the performance of its functions and fix the compensation of the director within the limits of funds available to the board.
(f)
The board shall adopt a seal that shall be affixed to all certificates issued by the board.
Amended by Act 2019, No. 910,§ 4909, eff. 7/1/2019.
Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 2 - ARKANSAS SOCIAL WORK LICENSING BOARD (§§ 17-103-201 — 17-103-205) › Section 17-103-203 - Powers and duties

(a)
The Arkansas Social Work Licensing Board has all the powers and duties granted under this chapter.
(b)
In addition to the duties set forth elsewhere in this chapter, the board shall:
(1)
Establish the criteria and process for licensure through endorsement;
(2)
Make available under the Freedom of Information Act of 1967, §
25-19-101
et seq., the following information:
(A)
A list of the names and addresses of all persons licensed under this chapter;
(B)
A list of the names and addresses of all persons who hold a certification of registration under this chapter;
(C)
A list of names of social workers who have been found in violation of this chapter or any rules promulgated under this chapter; and
(D)
The findings of fact, conclusions of law, and order regarding a social worker who has been found in violation of this chapter or any rules promulgated under this chapter;
(3)
Establish mechanisms for appeal and decisions regarding applications and granting of licenses, with such mechanisms to include provisions for judicial review in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.;
(4)
Make rules consistent with law as may be necessary to regulate its proceedings;
(5)
Compile an annual report;
(6)
Establish rules defining unprofessional conduct and set forth and publish a code of ethics and standards for practice;
(7)
Establish fees and publish financial records;
(8)
Establish continuing education requirements and notify the applicants for licensing of the requirement; and
(9)
At the time of license renewal, require each applicant to present satisfactory evidence that, in the period since the license was issued, he or she has completed the continuing education requirements specified by the board.
Amended by Act 2019, No. 623,§ 2, eff. 7/24/2019.
Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 2 - ARKANSAS SOCIAL WORK LICENSING BOARD (§§ 17-103-201 — 17-103-205) › Section 17-103-204 - Disposition of funds

(a)
The Director of the Arkansas Social Work Licensing Board or his or her designee shall receive and account for all money derived under the provisions of this chapter and shall pay the money to the Treasurer of State, who shall keep the money in a separate fund to be known as the "Social Work Licensing Fund".
(b)
Money may be paid out of the fund only by warrant drawn by the Chief Fiscal Officer of the State on the State Treasury.
(c)
There shall be audits of the fund as required by law.
(d)
The director shall be bonded to handle the finances of the Arkansas Social Work Licensing Board in compliance with state rules.
(e)
The board may make expenditures from the fund for any purpose that is reasonable and necessary to carry out the provisions of this chapter.
Amended by Act 2019, No. 910,§ 4911, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4910, eff. 7/1/2019.
Amended by Act 2015, No. 1170,§ 3, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 2 - ARKANSAS SOCIAL WORK LICENSING BOARD (§§ 17-103-201 — 17-103-205) › Section 17-103-205 - Fees

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.
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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 3 - LICENSING (§§ 17-103-301 — 17-103-309) › Section 17-103-301 - License required

(a)
A person shall not practice or offer to practice social work under this chapter unless the person is licensed, a student under this chapter, or otherwise entitled to practice under subsections (b) and (c) of this section.
(b)
A person shall not engage in the private independent practice of social work unless that person is licensed under this chapter as a licensed certified social worker.
(c)
A person shall not engage in social work consultation unless that person is licensed under this chapter as a licensed certified social worker.
Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 3 - LICENSING (§§ 17-103-301 — 17-103-309) › Section 17-103-302 - Endorsement

The Arkansas Social Work Licensing Board may grant a license without examination to a person meeting all of the other requirements of this chapter and who at the time of application is licensed as a social worker by a similar board of another state, territory, district, or Canadian province whose standards, in the opinion of the Arkansas Social Work Licensing Board, are substantially equivalent to those required by this chapter.
Amended by Act 2019, No. 623,§ 3, eff. 7/24/2019.
Amended by Act 2015, No. 1170,§ 4, eff. 7/22/2015.
Acts 1999, No. 1122, § 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 103 - SOCIAL WORKERS (§§ 17-103-101 — 17-103-309) › Subchapter 3 - LICENSING (§§ 17-103-301 — 17-103-309) › Section 17-103-303 - [Repealed]

Repealed by Act 2015, No. 1170,§ 5, eff. 7/22/2015.
Acts 1999, No. 1122, § 1; 2005, No. 281, § 1.