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 93 - PHYSICAL THERAPISTS (§§ 17-93-101 — 17-93-505) › Subchapter 5 - PHYSICAL THERAPY LICENSURE COMPACT (§§ 17-93-501 — 17-93-505) › Section 17-93-502 - Administration of compact - Rules

(a)
The Arkansas State Board of Physical Therapy is the Physical Therapy Licensure Compact administrator for this state.
(b)
(1)
The board may adopt rules necessary to implement this subchapter.
(2)
(A)
When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under §
25-15-204(f)
:
(i)
On or before January 1, 2020; or
(ii)
If approval under §
10-3-309
has not occurred by January 1, 2020, as soon as practicable after approval under §
10-3-309
.
(B)
The board shall file the proposed rule with the Legislative Council under §
10-3-309(c)
sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
(c)
The board is not required to adopt the rules of the Physical Therapy Compact Commission.
Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
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 93 - PHYSICAL THERAPISTS (§§ 17-93-101 — 17-93-505) › Subchapter 5 - PHYSICAL THERAPY LICENSURE COMPACT (§§ 17-93-501 — 17-93-505) › Section 17-93-503 - Disclosure of personal information

(a)
In reporting information to the coordinated database and reporting system under the Physical Therapy Licensure Compact, the Arkansas State Board of Physical Therapy may disclose personally identifiable information about a physical therapist or physical therapist assistant, including the Social Security number of the individual.
(b)
The coordinated database and reporting system shall not share personally identifiable information with a state that is not a party to the compact unless the state agrees to not disclose that information to any other person.
Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
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 93 - PHYSICAL THERAPISTS (§§ 17-93-101 — 17-93-505) › Subchapter 5 - PHYSICAL THERAPY LICENSURE COMPACT (§§ 17-93-501 — 17-93-505) › Section 17-93-504 - Participation in compact as condition of employment

(a)
An employer shall not require a physical therapist or a physical therapist assistant to seek licensure through the Physical Therapy Licensure Compact as a condition of initial or continued employment as a physical therapist or physical therapist assistant in this state.
(b)
An employer may require that a physical therapist or physical therapist assistant obtain and maintain a license to practice physical therapy in multiple states if the physical therapist or physical therapist assistant is free to obtain and maintain the licenses by any means authorized by the laws of the respective states.
Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
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 93 - PHYSICAL THERAPISTS (§§ 17-93-101 — 17-93-505) › Subchapter 5 - PHYSICAL THERAPY LICENSURE COMPACT (§§ 17-93-501 — 17-93-505) › Section 17-93-505 - Criminal background check

(a)
The Arkansas State Board of Physical Therapy shall forward fingerprints of each applicant for licensure to the Division of Arkansas State Police.
(b)
The division shall conduct a state and national criminal background check and provide the results of the criminal background check to the board.
(c)
The board shall use the results of the criminal background check when making licensure determinations.
(d)
Initial licensure under §§
17-93-303
and
17-93-304
is conditioned upon a criminal background check.
Added by Act 2019, No. 313,§ 1, eff. 7/24/2019.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-95-101 — 17-95-108) › Section 17-95-103 - Notice of malpractice claims

(a)
Every physician licensed to practice medicine and surgery in the State of Arkansas, within ten (10) days after the receipt or notification of a claim or filing of a lawsuit against him or her charging him or her with medical malpractice, shall notify the Arkansas State Medical Board of the claim or lawsuit. The notice shall be sent by registered letter to the office of the board and upon such forms as may be approved by the board. If the malpractice claim is in the form of a complaint in a filed lawsuit, a copy of the complaint shall be furnished to the board along with the notification required by this section.
(b)
The reports required to be filed by physicians under this section shall be privileged and shall not be open for public inspection except upon order of a court of competent jurisdiction.
(c)
The board is authorized and directed to prepare and adopt such rules as are necessary and proper to assure compliance with the provisions of this section.
Amended by Act 2019, No. 315,§ 1612, eff. 7/24/2019.
Acts 1975, No. 306, §§ 1-3; A.S.A. 1947, §§ 72-625 -- 72-627.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-95-101 — 17-95-108) › Section 17-95-104 - Hospital's duty to report physician misconduct

(a)
(1)
A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action.
(2)
The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse.
(b)
The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician.
(c)
No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report.
(d)
Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information:
(1)
In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order;
(2)
To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician's hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or
(3)
Pursuant to an order of a court of competent jurisdiction.
Amended by Act 2019, No. 990,§ 96, eff. 7/24/2019.
Acts 1977, No. 451, §§ 1-4; A.S.A. 1947, §§ 72-634 -- 72-637.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-95-101 — 17-95-108) › Section 17-95-106 - Volunteer services by retired physicians and surgeons - Immunity from liability

(a)
Retired physicians and surgeons who are still licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas, and who render medical services voluntarily and without compensation to any person at any free or low-cost medical clinic located in the State of Arkansas and registered by the State Board of Health, which accepts no insurance payments and provides medical services free of charge to persons unable to pay or provides medical services for a nominal fee, shall not be liable for any civil damages for any act or omission resulting from the rendering of such medical services, unless the act or omission was the result of the licensee's gross negligence or willful misconduct.
(b)
The State Board of Health is empowered to adopt such rules as it may determine necessary to provide for the registration of free or low-cost medical clinics under this section. Provided, the rules shall require that each person, patient, or client to whom medical services are provided has been fully informed before any treatment by the physician providing the services or by the staff of the medical clinic of the immunity from civil suit provisions of this section, and has acknowledged that fact in writing on a form approved or designated by the Department of Health.
(c)
The State Board of Health and its members, and the department and its agents and employees, are exempt and immune from liability for any claims or damages when performing their duties pursuant to this section.
(d)
The provisions of this section shall not affect the Arkansas Volunteer Immunity Act, §
16-6-101
et seq.
Amended by Act 2019, No. 315,§ 1613, eff. 7/24/2019.
Acts 1995, No. 844, §§ 1-4.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-95-101 — 17-95-108) › Section 17-95-108 - Informed consent required for gastric bypass surgery

(a)
No gastric bypass surgery may be performed in this state unless the physician who will perform the surgery has informed the patient in writing, as evidenced by the patient's signature, of the known risks and complications of the procedure, including, but not limited to:
(1)
The surgery itself;
(2)
All known and documented future complications that may occur as a result of the procedure;
(3)
Side effects that may result from vitamin deficiency and malnutrition; and
(4)
The requirements for appropriate follow up.
(b)
(1)
The Arkansas State Medical Board shall promulgate rules to enforce this section within six (6) months of July 16, 2003.
(2)
The rules shall utilize scientifically accepted information from national medical specialty boards, organizations, or governmental agencies in determining the specific content and lists of complications or side effects, or both, that must be included in the informed consent.
Amended by Act 2019, No. 315,§ 1618, eff. 7/24/2019.
Acts 2003, No. 1356, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-201 - Short title

Sections
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., shall be known as the "Arkansas Medical Practices Act".
Acts 1957, No. 198, § 1; A.S.A. 1947, § 72-601.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-202 - Definitions

As used in the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.:
(1)
"Active" means actively engaged in the full-time practice of medicine;
(2)
"Office-based surgery" means surgery that:
(A)
Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health;
(B)
Requires the use of general or intravenous anesthetics; and
(C)
In the opinion of the physician, does not require hospitalization; and
(3)
"Practice of medicine" means:
(A)
Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever;
(B)
Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever;
(C)
Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind;
(D)
Using the title "M.D.", "M.B.", "D.O.", "physician", "surgeon", or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts;
(E)
Performing any kind of surgical operation upon a human being; or
(F)
Delegating certain medical practices to other personnel under rules adopted by the board.
Amended by Act 2019, No. 386,§ 49, eff. 7/24/2019.
Amended by Act 2013, No. 587,§ 1, eff. 8/16/2013.
Acts 1957, No. 198, §§ 2, 4; 1971, No. 53, § 1; A.S.A. 1947, §§ 72-603, 72-604; Acts 2001, No. 464, § 1; 2005, No. 2010, § 1; 2007, No. 827, § 137; 2009, No. 472, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-204 - Perjury

Any person who shall willfully and knowingly make any false statement to the Arkansas State Medical Board concerning his or her qualifications or authority to practice medicine shall be deemed guilty of perjury and punished as provided by law for those guilty of perjury. Such a person may be indicted and tried for such an offense, either in the county where the affidavit to the statement was made or where the person resides.
Acts 1957, No. 198, § 7; A.S.A. 1947, § 72-607.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-206 - Out-of-state physicians

(a)
A physician who is physically located outside this state but who through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state, including the performance or interpretation of an X-ray examination or the preparation or interpretation of pathological material that would affect the diagnosis or treatment of the patient, is engaged in the practice of medicine in this state for the purposes of this chapter and is subject to this chapter and to appropriate rules promulgated by the Arkansas State Medical Board.
(b)
This section does not apply to:
(1)
The acts of a medical specialist located in another jurisdiction who provides only episodic consultation services;
(2)
The acts of a physician located in another jurisdiction who is providing consultation services to a medical school;
(3)
Decisions regarding the approval of coverage under any insurance or health maintenance organization plan;
(4)
A service to be performed which is not available in the state;
(5)
A physician physically seeing a patient in person in another jurisdiction; or
(6)
Other acts exempted by the board by rule.
Amended by Act 2019, No. 315,§ 1619, eff. 7/24/2019.
Amended by Act 2019, No. 688,§ 1, eff. 7/24/2019.
Acts 1997, No. 1353, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-207 - Temporary license for out-of-state physicians

Any physician who seeks licensure in this state pursuant to the requirements of §
17-95-206
, upon submission of the proper credentialing documents to the Arkansas State Medical Board, shall be issued a temporary license to practice medicine in this state until such time as final action is taken by the board on the physician's application.
Acts 1997, No. 1353, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-208 - Rules on physician's authority to delegate

(a)
The Arkansas State Medical Board shall adopt rules that establish standards to be met and procedures to be followed by a physician with respect to the physician's delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice.
(b)
The rules adopted under subsection (a) of this section shall provide that:
(1)
The delegating physician remains responsible for the acts of the employee performing the delegated practice;
(2)
The employee performing the delegated practice shall not be represented to the public as a licensed physician, licensed nurse, licensed physician's assistant, or other licensed healthcare provider; and
(3)
Medical practices delegated under this section shall be performed under the physician's supervision.
(c)
Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board.
(d)
Rules adopted regarding the delegation of the administration of drugs shall provide for:
(1)
The delegated administration of drugs only within the physical boundaries of the delegating physician's offices;
(2)
Evaluation of whether delegation is appropriate according to the acuity of the patient involved;
(3)
Training and competency requirements that shall be met by the person administering the drugs; and
(4)
Other standards and procedures the board considers relevant.
(e)
The board shall not adopt rules that:
(1)
Authorize a physician to transfer to a health professional other than another physician the physician's responsibility for supervising a delegated medical practice;
(2)
Authorize an individual to whom a medical practice is delegated to delegate the performance of that practice to another individual;
(3)
Authorize a physician to delegate the administration of anesthesia; or
(4)
Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.
Acts 2009, No. 472, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 2 - ARKANSAS MEDICAL PRACTICES ACT - GENERAL PROVISIONS (§§ 17-95-201 — 17-95-210) › Section 17-95-209 - Regulation of office-based surgery

Within eighteen (18) months after August 16, 2013, the Arkansas State Medical Board shall adopt rules to be followed by a physician who performs office-based surgery.
Added by Act 2013, No. 587,§ 2, eff. 8/16/2013.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-302 - Organization and proceedings

(a)
Within thirty (30) days after their appointment, the members of the Arkansas State Medical Board shall meet and organize by electing a chair, vice chair, and treasurer. The Treasurer of the Arkansas State Medical Board shall give bond in such amount as may be designated by the board, which may be increased or decreased from time to time, conditioned for the faithful disbursement and accounting of all moneys coming into his or her hands as the treasurer.
(b)
The board shall hold its regular meetings at such time as the board shall establish by rule and shall have the power to call and hold special meetings at such times and places as it deems necessary.
(c)
The Chair of the Arkansas State Medical Board, the Vice Chair of the Arkansas State Medical Board, and the Secretary of the Arkansas State Medical Board shall have power to administer oaths for the purpose of performing their powers and duties.
(d)
The board shall have a seal bearing the name "Arkansas State Medical Board".
Amended by Act 2019, No. 315,§ 1620, eff. 7/24/2019.
Acts 1955, No. 65, § 2; 1979, No. 150, § 1; A.S.A. 1947, § 72-602.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-303 - Powers and duties

The Arkansas State Medical Board shall:
(1)
Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law;
(2)
Have authority to promulgate and put into effect such rules as are necessary to carry out the purposes of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., and the intentions expressed therein;
(3)
(A)
(i)
Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board.
(ii)
Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council.
(B)
The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper;
(4)
Have the authority to employ a director in consultation with the secretary to carry out the purposes and the mandates of the board;
(5)
Examine, as is provided for by law, all applicants for a license to practice medicine in this state;
(6)
Consider and give deference to data, studies, consensus documents, and conclusions issued by the Centers for Disease Control and Prevention or the National Institutes of Health whenever their data, studies, consensus documents, and conclusions are relevant to any decision made pursuant to the board's powers and duties under the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.;
(7)
Have the power and authority to collect practice data from licensees; and
(8)
Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.
Amended by Act 2019, No. 315,§ 1621, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4896, eff. 7/1/2019.
Amended by Act 2017, No. 820,§ 5, eff. 8/1/2017.
Amended by Act 2017, No. 69,§ 2, eff. 8/1/2017.
Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 15, § 4; 1979, No. 150, § 1; 1983, No. 365, § 5; A.S.A. 1947, §§ 72-602, 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 2; 2001, No. 464, § 4; 2003, No. 1716, § 1; 2011, No. 1010, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-305 - Disposition of funds

(a)
All funds received by the Arkansas State Medical Board shall be expended in furtherance of the purposes of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq. This includes, but is not specifically limited to, the publication of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., preparing and publishing a compilation of physicians, investigating violations of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., instituting actions to compel compliance with the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., defending actions brought against it as a result of its actions under the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., and for such other purposes not inconsistent with the general purposes of the creation of the board as may be directed by the board.
(b)
(1)
All moneys received by the board shall be disbursed by the Chair of the Arkansas State Medical Board or the Director of the Arkansas State Medical Board.
(2)
The board shall furnish a surety bond and shall keep a true and faithful account of all moneys received and all moneys expended.
(3)
The chair shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant.
(c)
Any surplus in the treasury of the board at the end of the year shall remain in the treasury and may be expended in succeeding years for the purposes set out in this section.
(d)
It shall not be lawful for the board or for any member thereof in any manner whatsoever or for any purpose to charge or obligate the State of Arkansas for payment of any money whatsoever.
Amended by Act 2019, No. 910,§ 4899, eff. 7/1/2019.
Amended by Act 2017, No. 69,§ 4, eff. 8/1/2017.
Acts 1957, No. 198, § 18; 1983, No. 365, § 5; A.S.A. 1947, § 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 3; 2005, No. 495, § 1.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-306 - Criminal background check

(a)
(1)
Beginning July 1, 2005, every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Department of Arkansas State Police to release the results of a state and federal criminal history background check report to the board.
(2)
The applicant shall be responsible for payment of the fees associated with the background checks.
(b)
(1)
The state background check shall be from the Identification Bureau of the Department of Arkansas State Police.
(2)
The federal background check shall:
(A)
Be from the Federal Bureau of Investigation;
(B)
Conform to the applicable federal standards; and
(C)
Include the taking of fingerprints of the applicant.
(c)
Upon completion of the criminal background checks required by this section, the Identification Bureau of the Department of Arkansas State Police:
(1)
Shall forward to the board all releasable information obtained concerning the applicant; and
(2)
May retain the fingerprinting card of the applicant until notified by the board that the person is no longer licensed.
Acts 2005, No. 1249, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-307 - License eligibility

A person is not eligible to receive or hold a license to practice medicine or another healthcare profession issued by the Arkansas State Medical Board if the person has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under §
17-3-102
.
Amended by Act 2019, No. 990,§ 97, eff. 7/24/2019.
Acts 2005, No. 1249, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-308 - Waiver

(a)
The requirements of §
17-95-307
may be waived by the Arkansas State Medical Board upon the request of:
(1)
An affected applicant for licensure; or
(2)
The person holding the license subject to revocation.
(b)
The board may consider the following circumstances when considering a waiver, including, but not limited to:
(1)
The age at which the crime was committed;
(2)
The circumstances surrounding the crime;
(3)
The length of time since the crime;
(4)
Subsequent work history;
(5)
Employment references;
(6)
Character references; and
(7)
Other evidence demonstrating that the applicant does not pose a threat to the health or safety to the public.
Acts 2005, No. 1249, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-309 - Background records sealed

(a)
Any background record received by the Arkansas State Medical Board from the Identification Bureau of the Department of Arkansas State Police shall not be available for examination except by:
(1)
An affected applicant for licensure or his or her authorized representative; or
(2)
A person whose license is subject to revocation or his or her authorized representative.
(b)
No record, file, or document shall be removed from the custody of the Department of Arkansas State Police.
Acts 2005, No. 1249, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 3 - ARKANSAS MEDICAL PRACTICES ACT - ARKANSAS STATE MEDICAL BOARD (§§ 17-95-301 — 17-95-310) › Section 17-95-310 - [Repealed]

Repealed by Act 2019, No. 910,§ 4900, eff. 7/1/2019.
Acts 2007, No. 1210, § 5.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-401 - License required

If any person who does not possess a valid license to practice medicine within this state and who is not exempted from the licensing requirements does any of the acts constituting the practice of medicine, he or she shall be deemed to be practicing medicine without complying with the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
Acts 1957, No. 198, § 4; 1971, No. 53, § 1; 1983, No. 838, § 3; A.S.A. 1947, § 72-604.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-402 - Penalties - Injunction

(a)
(1)
Every person who practices or attempts to practice medicine in any of its branches or who performs or attempts to perform any surgical operation for any person or upon any person within this state without first having complied with the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., shall be deemed guilty of a misdemeanor.
(2)
Upon conviction he or she shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) 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 of such a practice shall constitute a separate offense.
(b)
The courts of record of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of medicine in a proceeding by the Arkansas State Medical Board 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. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., but the remedy of injunction shall be in addition to liability to criminal prosecution.
(c)
It is declared that any person who practices or attempts to practice medicine in the State of Arkansas without first obtaining a license authorizing him or her to so practice medicine is a public nuisance, and it is declared that the illegal practice of medicine in violation of the laws of the State of Arkansas is a public nuisance and is detrimental to the health, safety, security, and welfare of the people of the State of Arkansas.
Acts 1957, No. 198, §§ 19-21; A.S.A. 1947, §§ 72-619 -- 72-621.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-404 - Examinations

(a)
The Arkansas State Medical Board by and through its rules will approve and designate the examinations to be given to those individuals who desire a license to practice medicine in the State of Arkansas. The board will further set forth the standards by rule for successful completion of the examination for licensure.
(b)
Examinations for a license to practice medicine shall be held not fewer than one (1) time in each year at such times and places as may be specified by the board.
(c)
If in the opinion of the board the applicant possesses the necessary qualifications, the board shall issue to him or her a certificate.
(d)
If an applicant fails to meet the minimum grade requirements in his or her examination, he or she may be reexamined upon a filing of a new application and the payment of a required fee.
Amended by Act 2019, No. 315,§ 1622, eff. 7/24/2019.
Acts 1957, No. 198, § 8; A.S.A. 1947, § 72-608; Acts 1992 (1st Ex. Sess.), No. 45, § 2; 1999, No. 490, § 1; 2005, No. 495, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-405 - Credentials

(a)
A legally licensed physician and surgeon who has been issued a license to practice medicine in another state where the requirements for licensure are equal to those established by the State of Arkansas may be permitted by the Arkansas State Medical Board to practice his or her profession in this state without taking an examination upon payment of a fee as provided in §
17-95-411
.
(b)
The issuance of a license by credentials by the board shall be at the sole discretion of the board, and the board may provide such rules governing such an admission as may be deemed necessary by or desirable to the board.
Amended by Act 2019, No. 315,§ 1623, eff. 7/24/2019.
Acts 1957, No. 198, § 9; 1977, No. 199, § 2; A.S.A. 1947, § 72-609; Acts 1993, No. 276, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-406 - Temporary permits

(a)
In cases of emergency and to prevent hardship, the Director of the Arkansas State Medical Board may issue a temporary permit to practice medicine upon payment of the fee required for applicants after satisfying himself or herself that the applicant has all the qualifications and meets all the requirements of the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq. A temporary permit shall be valid only until the next meeting of the Arkansas State Medical Board and shall expire at that time.
(b)
(1)
The board shall issue a temporary permit to practice medicine to any medical doctor licensed and qualified to practice medicine in the Philippines, a former possession of the United States, provided that the temporary permit issued shall authorize the person to practice medicine in this state only under the supervision of a duly licensed and qualified physician in this state.
(2)
The temporary permit shall be for a period of not more than two (2) years. If at the end of the two (2) years the person to whom a temporary permit has been issued has not met the qualifications and has not passed the prescribed examinations for licensure to practice medicine in this state as provided in the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq., it shall be unlawful for the board to grant an extension of or to issue a new temporary permit to that person.
(3)
Nothing in this subsection shall prohibit the board from suspending or revoking the temporary permit of any person to whom a temporary permit is issued under the provisions of this subsection on any grounds which by law and rule would be grounds to revoke or suspend the license of a person licensed to practice medicine in this state, or for such periods of time as the person to whom the temporary permit is issued is not under the supervision of a licensed and qualified physician in this state.
(4)
As used in this subsection, a person shall be deemed to be under the supervision of a licensed and qualified physician of this state when the physician shall notify the board in writing of his or her supervision of the medical practice of the person to whom the temporary permit is issued. It shall not be necessary that the person practice medicine out of the same office or in the same city or town in which the supervisory physician practices or resides.
Amended by Act 2019, No. 315,§ 1624, eff. 7/24/2019.
Acts 1957, No. 198, § 10; 1971, No. 472, § 1; A.S.A. 1947, § 72-610.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-407 - [Repealed]

Repealed by Act 2019, No. 266,§ 1, eff. 7/24/2019.
Acts 1957, No. 198, § 12; A.S.A. 1947, § 72-612.
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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-408 - Annual registration

(a)
The annual license or reregistration fee of a physician licensed by the Arkansas State Medical Board to practice medicine in the State of Arkansas shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated.
(b)
Failure to pay the annual reregistration fee as provided in this section by the last day of the birth month of the license holder shall cause the license to practice medicine in the State of Arkansas of any person so failing to pay the reregistration fee to expire automatically.
(c)
(1)
Any delinquent licentiate may be reinstated by paying all delinquent fees and a penalty of fifty dollars ($50.00) for each year or part thereof that he or she has been delinquent.
(2)
The Arkansas State Medical Board shall not increase or set assessed fees exceeding the amounts in this section.
(3)
If the Arkansas State Medical Board determines in its discretion that a reduction is in the best interest of the state, the Arkansas State Medical 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.
(d)
(1)
If any licentiate fails for three (3) consecutive years to pay the reregistration fee, it shall be the duty of the board, without hearing or notice, to cancel and revoke his or her license, subject to reinstatement.
(2)
If application for reinstatement is made, the board shall consider the professional qualifications of the applicant upon notice and hearing before ordering reinstatement. Unless such a showing shall thereupon be made to the board as would entitle the applicant to the issuance of an original license, reinstatement shall be denied.
(3)
The applicant for reinstatement shall file a written application and pay the same fees required for the issuance of an original license.
(e)
Any person practicing his or her profession while his or her license is suspended or after it has been canceled pursuant to this section shall be subject to the penalties prescribed by law.
Amended by Act 2023, No. 79,§ 4, eff. 8/1/2023.
Amended by Act 2019, No. 990,§ 99, eff. 7/24/2019.
Acts 1957, No. 198, §§ 15-17; 1983, No. 334, § 2; 1985, No. 890, § 2; A.S.A. 1947, §§ 72-615 -- 72-617; Acts 1993, No. 275, § 1; 1997, No. 313, § 2; 2005, No. 495, § 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 95 - PHYSICIANS AND SURGEONS (§§ 17-95-101 — 17-95-1110) › Subchapter 4 - ARKANSAS MEDICAL PRACTICES ACT - LICENSING (§§ 17-95-401 — 17-95-414) › Section 17-95-411 - Fees

(a)
The Arkansas State Medical Board shall charge the following fees:
(1)
(A)
For application for license by examination or by credentials, four hundred dollars ($400).
(B)
If it is determined by the board that the credentials of the applicant are insufficient or the applicant withdraws his or her application before taking the examination, the board may return such portion of the fee as allowed by the rules of the board;
(2)
For a temporary license or permit, fifty dollars ($50.00) for each six-month period;
(3)
For certification of licentiate to another state, fifteen dollars ($15.00); and
(4)
(A)
(i)
For annual license or reregistration fee, seventy dollars ($70.00).
(ii)
Except as provided in subdivision (a)(4)(C) of this section, an annual license or reregistration fee is to be imposed upon each physician who holds a license to practice medicine in the State of Arkansas.
(B)
The annual license or reregistration fee may be changed by the board provided that the amount shall be fixed by the board not less than sixty (60) days in advance of January 1 of each year.
(C)
The board shall waive the annual license or reregistration fee of a physician who:
(i)
Holds a license to practice medicine in the State of Arkansas; and
(ii)
Is an active-duty member of the military.
(b)
(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,§ 5, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 1626, eff. 7/24/2019.
Amended by Act 2017, No. 204,§ 3, eff. 8/1/2017.
Acts 1957, No. 198, §§ 11, 15; 1983, No. 334, §§ 1, 2; 1985, No. 890, §§ 1, 2; A.S.A. 1947, §§ 72-611, 72-615; Acts 1987, No. 503, § 1; 1991, No. 593, § 1; 1993, No. 276, § 2; 1995, No. 721, § 1.