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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-113 - Violation

Following the exercise of due process, the Arkansas State Medical Board may discipline any physician assistant who:
(1)
Fraudulently or deceptively obtains or attempts to obtain a license;
(2)
Fraudulently or deceptively uses a license;
(3)
Violates any provision of this chapter or any rules adopted by the board pertaining to this chapter or any other laws or rules governing licensed healthcare professionals;
(4)
Is convicted of a felony listed under §
17-3-102
;
(5)
Is a habitual user of intoxicants or drugs to such an extent that he or she is unable to safely perform as a physician assistant;
(6)
Has been adjudicated as mentally incompetent or has a mental condition that renders him or her unable to safely perform as a physician assistant;
(7)
Represents himself or herself as a physician;
(8)
Is negligent in practice as a physician assistant;
(9)
Demonstrates professional incompetence;
(10)
Violates patient confidentiality except as required by law;
(11)
Engages in conduct likely to deceive, defraud, or harm the public;
(12)
Engages in unprofessional or immoral conduct;
(13)
Prescribes, sells, administers, distributes, orders, or gives away a drug classified as a controlled substance for other than medically accepted therapeutic purposes;
(14)
Has been disciplined by this state or another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action as defined in this section; or
(15)
Fails to cooperate with an investigation conducted by the board.
Amended by Act 2021, No. 634,§ 13, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 1673, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 131, eff. 7/24/2019.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-114 - Disciplinary authority

Upon finding that a physician assistant has committed any offense described in §
17-105-113
, the Arkansas State Medical Board may:
(1)
Refuse to grant a license;
(2)
Administer a public or private reprimand;
(3)
Revoke, suspend, limit, or otherwise restrict a license;
(4)
Require a physician assistant to submit to the care, counseling, or treatment of a physician or physicians designated by the board;
(5)
Suspend enforcement of its finding thereof and place the physician assistant on probation with the right to vacate the probationary order for noncompliance; or
(6)
Restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure which it may have imposed.
Acts 1999, No. 851, § 14.
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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-115 - Title and practice protection

(a)
Any person not licensed under this chapter is guilty of a Class A misdemeanor and is subject to penalties applicable to the unlicensed practice of medicine if he or she:
(1)
Holds himself or herself out as a physician assistant;
(2)
Uses any combination or abbreviation of the term "physician assistant" to indicate or imply that he or she is a physician assistant; or
(3)
Acts as a physician assistant without being licensed by the Arkansas State Medical Board.
(b)
An unlicensed physician shall not be permitted to use the title of physician assistant or to practice as a physician assistant unless he or she fulfills the requirements of this chapter.
Amended by Act 2021, No. 634,§ 14, eff. 7/28/2021.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-116 - Identification requirements

Physician assistants licensed under this chapter shall keep their license available for inspection at their primary place of practice and when engaged in their professional activities shall wear a name tag identifying themselves as a physician assistant.
Amended by Act 2021, No. 634,§ 15, eff. 7/28/2021.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-117 - Rulemaking authority

(a)
The Arkansas State Medical Board shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., that are reasonable and necessary for the performance of the various duties imposed upon the board by this chapter, including, but not limited to:
(1)
Establishing license renewal dates; and
(2)
Setting the level of liability coverage.
(b)
The board may levy the following fees:
(1)
Physician assistant application for licensure fee, eighty dollars ($80.00);
(2)
Initial application fee for the physician employer, fifty dollars ($50.00);
(3)
Physician assistant annual relicensure fee, fifty dollars ($50.00);
(4)
Physician assistant delinquent licensure fee, twenty-five dollars ($25.00) for each delinquent year or part thereof;
(5)
Physician assistant application for graduate or temporary licensure fee, ten dollars ($10.00); and
(6)
Physician assistant one-time extension graduate licensure fee, forty dollars ($40.00).
(c)
The board may appoint a physician assistant advisory committee to assist in the administration of this chapter.
(d)
(1)
The board shall not increase or set assessed fees exceeding the amounts in this section.
(2)
If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
Amended by Act 2023, No. 79,§ 8, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 1674, eff. 7/24/2019.
Acts 1999, No. 851, § 17.
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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-118 - Regulation by Arkansas State Medical Board

The Arkansas State Medical Board shall administer the provisions of this chapter under such procedures as it considers advisable and may adopt rules that are reasonable and necessary to implement the provisions of this chapter. Further, it is the intent of the General Assembly that the board on behalf of the General Assembly shall make rules clarifying any ambiguities or related matters concerning this chapter, which may not have been specifically addressed.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-119 - "Good Samaritan" provision

Physician assistants shall be subject to the "Good Samaritan" provisions embodied in §
17-95-101
.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-120 - Retired physician assistants

(a)
Retired physician assistants may practice their medical services under the supervision of a licensed physician and shall be subject to the same provisions as a retired physician or surgeon would be pursuant to §
17-95-106
.
(b)
Retired physician assistants practicing under this provision must continue to be licensed by the Arkansas State Medical Board and must practice their medical skills only under the supervision of a licensed physician.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-121 - Physician assistant employment - Uniform Classification Plan

(a)
The Office of Personnel Management shall establish and maintain a position classification of physician assistant. The initial position classification shall mirror the Veterans Health Administration Directive
10-95-020
of March 3, 1995, and the United States Department of Veterans Affairs regulation as embodied in:
(1)
MP-5, Part II, Chapter 2, Change 2, Appendix H; and
(2)
MP-5, Part II, Chapter 5, Change 5.
(b)
Modifications or changes in the future to the state position classification of physician assistant shall only be made based upon the concurrence of the physician assistant advisory committee.
Amended by Act 2019, No. 910,§ 6077, eff. 7/1/2019.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-122 - Physician assistant patient care orders

(a)
Patient care orders generated by a physician assistant shall be construed as having the same medical, health, and legal force and effect as if the orders were generated by the physician assistant's supervising physician.
(b)
The orders shall be complied with and carried out as if the orders had been issued by the physician assistant's supervising physician.
Amended by Act 2021, No. 634,§ 16, eff. 7/28/2021.
Acts 1999, No. 851, § 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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-123 - Medical malpractice - Professional and legal liability for actions

Physician assistants shall be covered under the provisions regarding medical malpractice and legal liability as such applies to their supervising physician as embodied in §§
16-114-201
-
16-114-203
and
16-114-205
-
16-114-209
.
Acts 1999, No. 851, § 23.
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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-124 - Participation in disaster and emergency care

(a)
A physician assistant may render care within his or her scope of practice when responding to a need for medical care created by an emergency or a state or local disaster if the physician assistant is:
(1)
Licensed in this state;
(2)
Licensed or authorized to practice in another state or territory; or
(3)
Credentialed as a physician assistant by a federal employer.
(b)
(1)
A physician assistant who voluntarily and gratuitously, other than in the ordinary course of his or her employment or practice, renders emergency medical assistance is not liable for civil damages for personal injuries that result from acts or omissions of the physician assistant that may constitute ordinary negligence.
(2)
The immunity granted by subdivision (b)(1) of this section does not apply to acts or omissions of a physician assistant that constitute gross, willful, or wanton negligence.
Added by Act 2021, No. 634,§ 17, eff. 7/28/2021.
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 105 - PHYSICIAN ASSISTANTS (§§ 17-105-101 — 17-105-125) › Section 17-105-125 - Insurer billing and payment

(a)
If authorized by the supervising physician, a physician assistant shall be:
(1)
Identified as the treating provider in billing and claims processes when the physician assistant delivered the medical services to the patient; and
(2)
Allowed to file claims as the billing provider for medical services delivered by the physician assistant to a patient that:
(A)
Is a Medicaid beneficiary; or
(B)
Has a health benefit plan provided by a healthcare insurer.
(b)
Under this section, a health benefit plan provided by a healthcare insurer or the Arkansas Medicaid Program shall not require the physical presence of the supervising physician as provided in §
17-105-101(5)
.
Added by Act 2023, No. 303,§ 2, 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-101 - Findings

The General Assembly hereby finds and declares that the citizens of the State of Arkansas are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation and that the protection will be increased by requiring appropriate education of persons using radioactive materials or operating medical equipment emitting or detecting ionizing radiation upon human beings.
Acts 1999, No. 1071, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-102 - Title

This chapter may be cited as the "Consumer-Patient Radiation Health and Safety Act".
Acts 1999, No. 1071, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-104 - Medical Ionizing Radiation Licensure Committee

(a)
(1)
The Medical Ionizing Radiation Licensure Committee shall be an advisory committee to the State Board of Health and shall consist of ten (10) members, as follows:
(A)
Nine (9) members to be appointed by the Governor; and
(B)
One (1) member shall be the Secretary of the Department of Health or his or her designee.
(2)
The nine (9) members appointed by the Governor shall be residents of the State of Arkansas and shall have been employed in their fields for five (5) years preceding their appointment.
(3)
Among the committee members shall be two (2) radiologic technologists, one (1) nuclear medicine technologist, one (1) radiation therapist, two (2) radiation practitioners, one (1) licensed practitioner, one (1) radiation health/medical physicist, and one (1) consumer. The radiologic technologists appointed to the committee must be eligible for licensure under this chapter.
(b)
The members shall be appointed for three-year staggered terms to be assigned by lot. Committee members shall serve until replaced. The terms shall commence on July 15 of each year. Committee members are limited to serving two (2) consecutive terms. In the event of a vacancy on the committee for any reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor.
(c)
Members of the committee shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with §
25-16-902
, to be paid by the Department of Health.
(d)
The consumer member appointed to the committee shall have no association or relationship with a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist which would prevent or in any way hinder the consumer in representing the interest of the public.
(e)
Within ninety (90) days of appointment, the committee shall hold a meeting and elect from its membership a chair for a term set by the committee. The secretary of the committee shall be the Secretary of the Department of Health or his or her designee.
(f)
The committee shall meet at least quarterly.
(g)
Special meetings of the committee may be called at any time at the pleasure of the board or pursuant to the bylaws of the committee.
(h)
A majority of the members of the committee shall constitute a quorum. No action may be taken by the board except by affirmative vote of the majority of those present.
Amended by Act 2019, No. 910,§ 4912, eff. 7/1/2019.
Acts 1999, No. 1071, § 4.
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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-106 - Legal title - License limitations - Prohibited acts

(a)
Other than a licensed practitioner, radiologic technologist, licensed technologist, or limited licensed technologist, no person shall use radioactive materials or medical equipment emitting or detecting ionizing radiation on human beings for diagnostic or therapeutic purposes.
(b)
A person holding a license under this chapter shall use radioactive substances or medical equipment emitting or detecting ionizing radiation on a human being:
(1)
By prescription of a licensed practitioner or advanced practice nurse; and
(2)
Only if the application of a substance or the use of equipment is limited in a manner specified in this section.
(c)
A person holding a limited license under this chapter shall use medical equipment emitting or detecting ionizing radiation on a human being:
(1)
By prescription of a licensed practitioner or advanced practice nurse; and
(2)
Only if the limited licensed technologist is licensed for those specific body parts.
(d)
No other person shall be entitled to use the titles or designated letters who is not licensed under this chapter. No person shall depict himself or herself orally or in writing, expressly or by implication, as holder of a license who does not hold a current license under this chapter.
(e)
No person shall knowingly or negligently employ a person to apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license issued under the provisions of this chapter within that specific category.
(f)
A person shall not apply ionizing radiation or administer radiopharmaceuticals to a human being or otherwise engage in the practice of radiologic technology unless the person possesses a valid license issued under this chapter.
(g)
Any person who has an application for a temporary license pending before the Medical Ionizing Radiation Licensure Committee shall be permitted to engage in the activities described in this section.
Acts 1999, No. 1071, § 6; 2003, No. 1395, §§ 6, 7.
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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-107 - Licensing requirements

(a)
The Medical Ionizing Radiation Licensure Committee shall license any applicant who shall:
(1)
Make application and pay a nonrefundable fee established by the State Board of Health; and
(2)
Submit satisfactory evidence verified by oath or affirmation that the applicant:
(A)
Is qualified to administer radioactive materials or operate medical equipment emitting or detecting ionizing radiation upon human beings;
(B)
Is at least eighteen (18) years of age at the time of application; and
(C)
Has been awarded a high school diploma or has passed the GED test or the equivalent.
(b)
In addition to the requirements of subsection (a) of this section, any person seeking to obtain a license in a specific area of radiologic technology must comply with the following requirements:
(1)
Each applicant for a license as a radiologic technologist, radiation therapist, or nuclear medicine technologist shall have satisfactorily completed an approved course of study in radiography, radiation therapy, or nuclear medicine, respectively, that is accredited by the Joint Review Committee on Education in Radiologic Technology, Joint Review Committee on Educational Programs in Nuclear Medicine Technology, or regional or national accreditation as deemed acceptable by the board; and
(2)
The curriculum for each course of study shall follow the standards approved by the United States Department of Education, provided that the standards do not conflict with board policies.
(c)
The board shall establish criteria and standards within the state for educational programs in radiologic technology, which are not covered under §§
6-51-601
-
6-51-617
, and recognize these programs upon finding that the criteria and standards have been met.
(d)
Notwithstanding the provisions of this section previously set forth, for a period not to exceed one (1) year after July 30, 1999, upon application and the payment of the fee equivalent of that required for the written examination and initial licensing fee, the board shall issue a license without examination to any person currently employed as a person using radioactive materials or medical equipment emitting and detecting ionizing radiation on a human being.
(e)
Licensees shall submit proof of having successfully completed at least six (6) hours of continuing medical education annually for license renewal. Continuing education may be provided by the licensed practitioner or a hospital in-service education department according to the rules prescribed by the board.
Amended by Act 2019, No. 315,§ 1676, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 132, eff. 7/24/2019.
Acts 1999, No. 1071, § 7; 2003, No. 1395, § 8; 2007, No. 827, § 141.
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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-108 - Examinations

(a)
With the exception of those who are grandfathered under this chapter, each applicant for licensure shall be required to pass a license examination designated and approved by the State Board of Health. Standards for acceptable performance shall be established.
(b)
The State Board of Health shall identify acceptable examinations such as those administered by the American Registry of Radiologic Technologists, the American Chiropractic Registry of Radiologic Technologists, or the Nuclear Medicine Technology Certification Board.
(c)
An applicant who fails to pass the examination may reapply for the examination if the applicant complies with the rule established by the State Board of Health.
(d)
The State Board of Health may accept a current certificate issued by the American Registry of Radiologic Technologists, the American Society for Clinical Pathology, the American Chiropractic Registry of Radiologic Technologists, Cardiovascular Credentialing International, or the Nuclear Medicine Technology Certification Board issued on the basis of an examination satisfactory to the State Board of Health if the standards of those bodies are at least as stringent as those established by the State Board of Health.
(e)
The State Board of Health may accept a current certificate, registration, or license as a radiologic technologist issued by another state if the standards in the other state are at least as stringent as those established by the State Board of Health.
(f)
(1)
The State Board of Health shall identify acceptable examinations appropriate to the discipline for the limited licensed technologist.
(2)
A study guide containing information to be included on the examination will be provided to the applicant for the examination.
Amended by Act 2019, No. 315,§ 1677, eff. 7/24/2019.
Acts 1999, No. 1071, § 8; 2003, No. 1395, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-109 - Licenses

(a)
The Medical Ionizing Radiation Licensure Committee may issue a license to each applicant who has either successfully passed the examination or qualified under §
17-106-107(d) and (e)
and has paid the prescribed fees.
(b)
(1)
At its discretion, the committee may issue a temporary license to any person whose licensure or relicensure may be pending and when issuance may be justified by special circumstances.
(2)
A temporary license shall be issued only if the committee finds that it will not violate the purpose of this chapter or endanger the public health and safety.
(3)
A temporary license shall not remain in force longer than one hundred eighty (180) days.
(4)
Unless an individual demonstrates to the committee a hardship or a continual progression in fulfilling the educational and certification requirements of a modality recognized by the State Board of Health, no more than two (2) temporary licenses shall be issued to any individual within a specific category.
(c)
Holders of a license under this chapter shall display the official license document or a notarized copy in each place of employment, and the document shall be made available upon request.
(d)
(1)
A license shall be renewed by the committee for a period of one (1) year upon payment of renewal fees in an amount established by the board.
(2)
As a prerequisite for renewal, continuing education requirements shall be set by rule.
(e)
(1)
(A)
Any person licensed under this chapter whose license has lapsed and who has ceased activities as a licensee for less than five (5) years may apply for relicensure upon payment of a fee set by the board.
(B)
For periods of more than five (5) years, licensure shall be in a manner as designated by the board.
(C)
Continuing education requirements shall be set by rule.
(2)
This subsection shall not apply to anyone whose license has been revoked or suspended.
Amended by Act 2019, No. 315,§ 1679, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1678, eff. 7/24/2019.
Acts 1999, No. 1071, § 9; 2003, No. 1395, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-106-101 — 17-106-111) › Section 17-106-111 - Exemptions

(a)
(1)
Dentists, dental hygienists, registered dental assistants with the expanded duty of radiography, radiation health physicists, radiation medical physicists, chiropractic externs, bone densitometrists, and certified medical dosimetrists are excluded from this chapter.
(2)
Any exemptions from the provisions of this chapter are exclusive to those enumerated in this subsection.
(b)
The requirement of a license shall not apply to a student enrolled in and attending a school of radiologic technology, radiation therapy, or nuclear medicine with recognized educational accreditation who uses radioactive material on or applies ionizing radiation to a human being while under the supervision of a licensed practitioner or radiologic technologist.
(c)
Nothing in the provisions of this chapter relating to radiologic technology shall limit, enlarge, or affect the practice of licensed practitioners herein defined.
Acts 1999, No. 1071, § 11; 2003, No. 1395, § 13; 2009, No. 1375, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 2 - REGULATION OF RADIOLOGIST ASSISTANTS AND RADIOLOGY PRACTITIONER ASSISTANTS (§§ 17-106-201 — 17-106-204) › Section 17-106-201 - Radiologist assistant and radiology practitioner assistant - License required

(a)
The Arkansas State Medical Board shall grant a license to practice as a radiologist assistant and a radiology practitioner assistant to a qualified applicant who complies with the rules for licensure adopted under this subchapter.
(b)
An individual shall not practice as a radiologist assistant or a radiology practitioner assistant unless the person is licensed as a radiologist assistant or a radiology practitioner assistant by the board.
Acts 2009, No. 1457, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 2 - REGULATION OF RADIOLOGIST ASSISTANTS AND RADIOLOGY PRACTITIONER ASSISTANTS (§§ 17-106-201 — 17-106-204) › Section 17-106-202 - Rules

The Arkansas State Medical Board shall adopt rules to:
(1)
Define the qualifications for licensure of a radiologist assistant or a radiology practitioner assistant;
(2)
(A)
Define the services that may be performed by a radiologist assistant or a radiology practitioner assistant, and the level of supervision required for the performance of a radiologist assistant or a radiology practitioner assistant.
(B)
The rules adopted under subdivision (2)(A) of this section shall specify that a radiologist assistant or radiology practitioner assistant shall not interpret images, make diagnoses, or prescribe medications or therapies;
(3)
(A)
Define the qualifications of a supervising physician.
(B)
The rules adopted under subdivision (3)(A) of this section shall specify the manner and scope of supervision that a licensed physician must employ when supervising a radiologist assistant or a radiology practitioner.
(C)
(i)
Only a physician licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq. who resides in Arkansas or in an immediately contiguous county of an adjacent state and who is a diagnostic radiologist certified by or eligible for certification by the American Board of Radiology or an equivalent board approved by the Arkansas State Medical Board may utilize the services of a radiologist assistant or a radiology practitioner assistant.
(ii)
However, a physician may utilize the services of a radiologist assistant or a radiology practitioner assistant under subdivision (3)(C)(i) of this section only if the physician supervises the radiologist assistant or radiology practitioner assistant;
(4)
Establish requirements for annual renewal of the license of a radiologist assistant and a radiology practitioner assistant;
(5)
Establish continuing education requirements for renewal of licensure for a radiologist assistant and a radiology practitioner assistant; and
(6)
Establish a program for probation of a radiologist assistant and a radiology practitioner assistant.
Acts 2009, No. 1457, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 2 - REGULATION OF RADIOLOGIST ASSISTANTS AND RADIOLOGY PRACTITIONER ASSISTANTS (§§ 17-106-201 — 17-106-204) › Section 17-106-203 - Fee

The Arkansas State Medical Board shall charge a licensure application fee not to exceed the administrative and disciplinary costs incurred by the board in administering the licensure program under this subchapter.
Acts 2009, No. 1457, § 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 106 - CONSUMER-PATIENT RADIATION HEALTH AND SAFETY (§§ 17-106-101 — 17-106-204) › Subchapter 2 - REGULATION OF RADIOLOGIST ASSISTANTS AND RADIOLOGY PRACTITIONER ASSISTANTS (§§ 17-106-201 — 17-106-204) › Section 17-106-204 - Penalties

If a radiologist assistant or a radiology practitioner assistant is found by the Arkansas State Medical Board to have violated the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., or the rules adopted under this subchapter, the board may impose one (1) or more of the following penalties:
(1)
Suspension or revocation of the license to practice as a radiologist assistant or radiology practitioner assistant;
(2)
A fine not to exceed one thousand dollars ($1,000) per violation;
(3)
Recovery from the radiologist assistant or the radiology practitioner assistant of the costs of an investigation and hearing if the radiologist assistant or the radiology practitioner assistant is found to have violated the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., or the rules adopted under this subchapter;
(4)
Placement of the radiologist assistant or the radiology practitioner assistant under probation; and
(5)
A reprimand.
Acts 2009, No. 1457, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-107-101 — 17-107-106) › Section 17-107-101 - Title

This chapter shall be known and may be cited as the "Arkansas Orthotics, Prosthetics, and Pedorthics Practice Act of 2007".
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-107-101 — 17-107-106) › Section 17-107-102 - Purpose

Since the professions related to orthotics, prosthetics, and pedorthics significantly affect the lives of the people of this state, it is the purpose of this chapter to protect resources available to the Arkansas Medicaid Program and the public in general by setting standards of qualification, training, and experience for those who represent themselves to the public as orthotists, prosthetists, and pedorthists and by promoting high standards of professional performance for those engaged in the practice of orthotics, prosthetics, and pedorthics.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-107-101 — 17-107-106) › Section 17-107-105 - Criminal penalty

(a)
(1)
It is a Class C misdemeanor for any individual to:
(A)
Practice orthotics, prosthetics, or pedorthics in this state unless he or she is licensed under this chapter;
(B)
Hold himself or herself out as being able to practice orthotics, prosthetics, or pedorthics in this state;
(C)
Dispense an orthosis, a prosthesis, or a pedorthic device unless he or she is licensed under this chapter;
(D)
Represent himself or herself to the public by title or description of services that includes any of the following terms unless he or she is licensed under this chapter:
(i)
"Orthotic", "orthotist", "brace", or a similar title or description of services;
(ii)
"Pedorthic", "pedorthist", or a similar title or description of services; or
(iii)
"Prosthetic", "prosthetist", "artificial limb", or a similar title or description of services;
(E)
Practice orthotics, prosthetics, or pedorthics during the time his or her license is suspended; or
(F)
Otherwise violate any provisions of this chapter or rules promulgated under this chapter.
(2)
Each day an offense under this section continues is a separate offense.
(b)
The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board and the Department of Health shall assist the prosecuting attorney in the enforcement of this chapter.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-107-101 — 17-107-106) › Section 17-107-106 - Civil penalty and injunction

(a)
(1)
The Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may levy a civil penalty not to exceed one thousand dollars ($1,000) for each violation of this chapter or rules promulgated under this chapter against any individual found by the board to be in violation of this chapter or rules promulgated under this chapter.
(2)
Each day a violation continues is a separate offense.
(3)
Unless the civil penalty imposed 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 the Pulaski County Circuit Court to obtain a judgment for the amount of the unpaid civil penalty.
(4)
(A)
The imposition of a civil penalty under this section does not relieve an individual from criminal prosecution under this chapter or from the imposition of an injunction under this section.
(B)
The remedy of a civil penalty under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.
(b)
(1)
The board may petition any circuit court having jurisdiction over an individual who is practicing without a license as required by this chapter, an individual to whom a license has been denied, or an individual whose license has been suspended or revoked by action of the board under this chapter to enjoin the individual from continuing to practice within this state.
(2)
(A)
The issuance of an injunction under this section shall not relieve an individual from criminal prosecution under this chapter or the imposition of civil penalties under this section.
(B)
The remedy of an injunction under this section is additional to any other penalties that may be imposed by the board or by a circuit court under this chapter.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 2 - ARKANSAS ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY BOARD (§§ 17-107-201 — 17-107-205) › Section 17-107-201 - Board - Creation

(a)
There is created the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board consisting of seven (7) members as follows:
(1)
(A)
Five (5) individuals, each of whom is eligible for licensure as an orthotist, a prosthetist, or a pedorthist.
(B)
One (1) of the five (5) individuals appointed under subdivision (a)(1)(A) of this section may be a retired orthotist, prosthetist, or pedorthist;
(2)
One (1) member who is a representative of the Division of Medical Services of the Department of Human Services; and
(3)
One (1) member who is a representative of the public at large.
(b)
The Governor shall appoint the members subject to confirmation by the Senate.
(c)
(1)
The Governor shall consult the board before making an appointment under this section.
(2)
Each member shall have practiced orthotics, prosthetics, or pedorthics for at least three (3) years preceding his or her appointment and shall be licensed under this chapter as an orthotist, a prosthetist, or a pedorthist.
(d)
(1)
The Governor shall designate the terms of the initial appointees so that three (3) members shall serve three-year terms, two (2) members shall serve two-year terms, and two (2) members shall serve one-year terms.
(2)
(A)
(i)
Except as provided in subdivision (d)(2)(A)(ii) of this section, each successor member shall serve three-year terms.
(ii)
An individual appointed to fill a vacancy resulting in an unexpired term shall only serve for the remainder of the unexpired term.
(B)
The Governor shall fill any vacancy on the board in the same manner as other appointments.
(3)
(A)
Except as provided in subdivision (d)(3)(B) of this section, no member shall serve more than two (2) consecutive terms.
(B)
The member who is a representative of the division may succeed himself or herself.
(e)
Upon recommendation of the board made after notice and hearing, the Governor may remove any member for incompetence, neglect of duty, or malfeasance in office.
Amended by Act 2015, No. 1100,§ 44, eff. 7/22/2015.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 2 - ARKANSAS ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY BOARD (§§ 17-107-201 — 17-107-205) › Section 17-107-202 - Organization and proceedings

(a)
(1)
Within thirty (30) days after the initial appointment of the members of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board, the Governor shall call the first meeting of the board for the purpose of organization.
(2)
The board shall elect a chair and vice chair at its first regularly scheduled meeting of each calendar year.
(3)
The board shall meet as frequently as it deems necessary, at such times and places as the board designates. Additional meetings may be held upon call of the Chair of the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board or upon written request of four (4) members.
(b)
A quorum of the board shall consist of four (4) members.
(c)
The members of the board shall serve without compensation but may receive expense reimbursement in accordance with §
25-16-901
et seq. However, the expenses shall in no case exceed funds available to the board.
(d)
All proceedings of the board shall be conducted in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(e)
The Department of Health shall provide staff support for the board.
Amended by Act 2019, No. 910,§ 4914, eff. 7/1/2019.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 2 - ARKANSAS ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY BOARD (§§ 17-107-201 — 17-107-205) › Section 17-107-203 - Power to issue subpoenas and subpoenas duces tecum

(a)
In connection with its investigations and hearings, the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board may:
(1)
Issue a subpoena to require any individual who has information germane to an investigation or a hearing conducted by the board to testify before the board; and
(2)
Issue a subpoena duces tecum to require to be transmitted to the board any book, writing, document, or other paper or thing that is germane to an investigation or a hearing conducted by the board.
(b)
(1)
Service of a subpoena or a subpoena duces tecum shall be as provided by law for the service of a subpoena or a subpoena duces tecum in a civil case in a circuit court of this state. The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be the same as provided by law for a proceeding in a civil case in a circuit court of this state.
(2)
(A)
The board shall issue a subpoena or a subpoena duces tecum upon the request of any party to a hearing before the board.
(B)
The fees and mileage of an officer serving a subpoena or a subpoena duces tecum and a witness appearing in answer to a subpoena shall be paid by the party at whose request the witness is subpoenaed.
(c)
(1)
If an individual has been served with a subpoena or a subpoena duces tecum as provided in this section and fails to comply with the subpoena or the subpoena duces tecum, the board may apply to the circuit court of the county in which the board is conducting its investigation or hearing for an order causing the arrest of the individual and directing that the individual be brought before the court.
(2)
The circuit court may punish the disobedient individual for contempt as provided by law for a proceeding of a civil case in a circuit court of this state.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 2 - ARKANSAS ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY BOARD (§§ 17-107-201 — 17-107-205) › Section 17-107-204 - State Board of Health - Powers and duties

(a)
The State Board of Health shall adopt rules prescribing all of the following:
(1)
Procedures for the issuance, renewal, inactivation, restoration, suspension, and revocation of a license or certification;
(2)
Standards and procedures for formulating, evaluating, approving, and administering licensing examinations or recognizing other entities that conduct examinations;
(3)
Procedures for the conduct of a disciplinary hearing;
(4)
Standards of ethical and professional conduct in the practice of orthotics, prosthetics, and pedorthics;
(5)
Standards for approving, denying, and withdrawing approval of national certification organizations in orthotics, prosthetics, and pedorthics;
(6)
Standards for approving, denying, and withdrawing approval of educational programs required for licensure, including standards for foreign educational credentials;
(7)
Standards for approving, denying, and withdrawing approval of continuing education programs required for license renewal;
(8)
Standards for regulating advertising by individuals licensed under this chapter;
(9)
(A)
Fees and penalties for services relating to examination, licensing, endorsement, temporary permits, license renewal, and other services reasonably related to the practice of orthotics, prosthetics, or pedorthics as determined by the board.
(B)
The fee for initial licensure and renewal of licensure for the practice of orthotics, pedorthics, or prosthetics shall be three hundred dollars ($300) every two (2) years.
(C)
The fee for initial certification and renewal of certification as an orthotic assistant, an orthotic/prosthetic assistant, or a prosthetic assistant shall be one hundred dollars ($100) every two (2) years; and
(10)
Civil money penalties for violations of this chapter.
(b)
The board may adopt other rules that are reasonably related to the safe and competent performance of prosthetics, orthotics, and pedorthics and necessary for the administration of this chapter.
Acts 2007, No. 174, § 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 107 - ORTHOTISTS, PROSTHETISTS, AND PEDORTHISTS (§§ 17-107-101 — 17-107-311) › Subchapter 2 - ARKANSAS ORTHOTICS, PROSTHETICS, AND PEDORTHICS ADVISORY BOARD (§§ 17-107-201 — 17-107-205) › Section 17-107-205 - Deposit of funds

All funds received by the Arkansas Orthotics, Prosthetics, and Pedorthics Advisory Board shall be deposited into the Health Facility Services Revolving Fund.
Acts 2007, No. 174, § 1.