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 86 - MASSAGE THERAPISTS (§§ 17-86-101 — 17-86-314) › Subchapter 3 - REGISTRATION (§§ 17-86-301 — 17-86-314) › Section 17-86-310 - Display of license

(a)
An official license shall be conspicuously and publicly displayed in the place where the holder engages in the practice of massage therapy or instruction of massage therapy. A massage therapy school license shall be conspicuously displayed in the massage therapy school.
(b)
It is unlawful to tamper with or reduce in size an original massage therapy license issued by the Department of Health.
(c)
Each license shall provide the correct address of the department.
Amended by Act 2015, No. 1020,§ 26, eff. 10/1/2015.
Acts 1981, No. 875, § 10; A.S.A. 1947, § 72-1210; Acts 1991, No. 1217, § 1; 1993, No. 714, § 13; 1997, No. 840, § 16; 1999, No. 1461, § 18; 2009, No. 1305, § 11.
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 86 - MASSAGE THERAPISTS (§§ 17-86-101 — 17-86-314) › Subchapter 3 - REGISTRATION (§§ 17-86-301 — 17-86-314) › Section 17-86-312 - Fees

(a)
All registration fees and other fees due the Department of Health shall be paid in accordance with the provisions of this chapter and all other laws and rules of this state.
(b)
(1)
The initial inspection fee for a massage therapy school shall not exceed one hundred dollars ($100).
(2)
The annual renewal and inspection fee for a massage therapy school shall not exceed one hundred dollars ($100).
(3)
A licensee whose massage therapy school license renewal is postmarked after April 30 of each year shall pay a late fee not to exceed five hundred dollars ($500).
Amended by Act 2019, No. 315,§ 1536, eff. 7/24/2019.
Amended by Act 2015, No. 1020,§ 28, eff. 10/1/2015.
Amended by Act 2013, No. 1445,§ 21, eff. 8/16/2013.
Acts 1981, No. 875, § 9; A.S.A. 1947, § 72-1209; Acts 1991, No. 1217, § 1; 1997, No. 840, § 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 86 - MASSAGE THERAPISTS (§§ 17-86-101 — 17-86-314) › Subchapter 3 - REGISTRATION (§§ 17-86-301 — 17-86-314) › Section 17-86-313 - [Repealed]

Repealed by Act 2013, No. 1445,§ 22, eff. 8/16/2013.
Acts 1997, No. 840, § 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 86 - MASSAGE THERAPISTS (§§ 17-86-101 — 17-86-314) › Subchapter 3 - REGISTRATION (§§ 17-86-301 — 17-86-314) › Section 17-86-314 - Active military duty licensure

(a)
If a licensee fails to renew timely his or her license because the licensee is or was on active duty with the United States Armed Forces or on state active duty with the Arkansas National Guard, the licensee may renew the license by:
(1)
Requesting renewal of the license before or after the expiration by:
(A)
The licensee;
(B)
The licensee's spouse; or
(C)
(i)
The licensee's power of authority.
(ii)
A copy of the power of authority documentation shall be filed with the renewal form if the power of authority requests the renewal;
(2)
Completing the appropriate renewal form, including the current address and telephone number for the individual requesting the renewal; and
(3)
Filing with the renewal form a copy of the official orders or other official military documentation showing that the licensee is or was on active duty.
(b)
A licensee renewing under this section shall pay the applicable renewal fee under §
17-86-309
but shall not pay a late renewal fee.
Amended by Act 2019, No. 462,§ 14, eff. 7/24/2019.
Added by Act 2015, No. 1083,§ 5, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-87-101 — 17-87-106) › Section 17-87-101 - License required - Purpose

(a)
In order to safeguard life and health, a person practicing or offering to practice nursing for compensation shall be required to submit evidence that he or she is qualified to so practice and shall be licensed as provided in this chapter:
(1)
Professional nursing;
(2)
Advanced practice registered nursing;
(3)
Registered practitioner nursing;
(4)
Practical nursing; or
(5)
Psychiatric technician nursing.
(b)
It is unlawful for any person not licensed by the Arkansas State Board of Nursing:
(1)
To practice or offer to practice professional nursing, advanced practice registered nursing, registered practitioner nursing, practical nursing, or psychiatric technician nursing; or
(2)
To use any sign, card, or device to indicate that the person is a professional registered nurse, an advanced practice registered nurse, a registered nurse practitioner, a licensed practical nurse, or a licensed psychiatric technician nurse.
Amended by Act 2013, No. 604,§ 1, eff. 8/16/2013.
Acts 1971, No. 432, § 1; 1979, No. 613, § 1; 1980 (1st Ex. Sess.), No. 14, § 1; A.S.A. 1947, § 72-745; Acts 1995, No. 409, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-87-101 — 17-87-106) › Section 17-87-105 - Injunction

(a)
The Pulaski County Circuit Court is vested with jurisdiction and power to enjoin the unlawful practice of nursing in any county of the State of Arkansas in a proceeding by the Arkansas State Board of Nursing or by any member thereof or by any citizen in this state.
(b)
The issuance of any injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter. The remedy of injunction is to be in addition to liability for criminal prosecution.
Acts 1971, No. 432, § 19; A.S.A. 1947, § 72-763.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-87-101 — 17-87-106) › Section 17-87-106 - Construction of chapter

Nothing in this chapter relating to the practice of advanced practice nursing shall be construed to limit or alter the scope of practice of any registered nurse practitioner or any other licensed nurse.
Acts 1995, No. 409, § 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-202 - Organization and proceedings

(a)
(1)
It shall be the duty of the Arkansas State Board of Nursing to meet regularly at least one (1) time every six (6) months for the purpose of conducting its business.
(2)
Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Nursing or by the Secretary of the Arkansas State Board of Nursing on the request of any three (3) members of the board.
(3)
A majority of the members shall constitute a quorum at any meeting of the board.
(4)
The board shall determine by its own rules the time and manner of giving notice of meetings to its members.
(5)
The giving of an examination for licensure shall not be considered as a meeting of the board.
(b)
The secretary shall keep a record of the minutes of the meetings of the board, together with a record of the action of the board thereon. The records shall at all reasonable times be open for public inspection.
(c)
The Department of Health shall maintain an office for the administration of the board's business.
(d)
The board shall annually elect a president, vice president, secretary, and treasurer from among its members. The president shall be a registered nurse.
(e)
The Director of the Arkansas State Board of Nursing shall be a registered nurse and meet the qualifications required by the board.
Amended by Act 2019, No. 910,§ 4878, eff. 7/1/2019.
Acts 1971, No. 432, §§ 4, 8, 9; 1979, No. 404, §§ 3, 5, 6; A.S.A. 1947, §§ 72-748, 72-752, 72-753; Acts 2003, No. 41, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-204 - Deposit of funds

All funds received by the Arkansas State Board of Nursing shall be deposited into the State Treasury to the credit of the board.
Acts 1971, No. 432, § 14; 1979, No. 404, § 4; A.S.A. 1947, § 72-758.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-205 - Prescriptive Authority Advisory Committee

(a)
(1)
The Prescriptive Authority Advisory Committee is created as an advisory committee to the Arkansas State Board of Nursing.
(2)
The committee shall assist the board in implementing the provisions of this chapter regarding prescriptive authority.
(b)
The board shall appoint six (6) members, to be approved by the Governor, who have the following qualifications:
(1)
Four (4) members shall be advanced practice registered nurses at least three (3) of whom hold certificates of prescriptive authority and an active United States Drug Enforcement Administration number;
(2)
One (1) member shall be a licensed physician who has been involved in a collaborative practice with an advanced practice registered nurse for at least five (5) years; and
(3)
One (1) member shall be a licensed pharmacist who has been licensed for at least five (5) years.
(c)
Members shall serve three-year terms.
(d)
The board may remove any committee member, after notice and hearing, for incapacity, incompetence, neglect of duty, or malfeasance in office.
(e)
The members shall serve without compensation, but may receive expense reimbursement in accordance with §
25-16-901
et seq.
Amended by Act 2013, No. 604,§ 11, eff. 8/16/2013.
Acts 1995, No. 409, § 7; 1997, No. 250, § 160.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-206 - Subpoenas and subpoenas duces tecum

(a)
The Arkansas State Board of Nursing shall have the power to issue subpoenas and subpoenas duces tecum in connection with both its investigations and hearings.
(b)
A subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the board to be transmitted to the board.
(c)
(1)
Service of a subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state.
(2)
(A)
The board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the board.
(B)
The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed.
(d)
(1)
In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, 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 person and directing that the person be brought before the court.
(2)
The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.
Acts 1997, No. 894, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-207 - Continuing education

(a)
(1)
The Arkansas State Board of Nursing shall adopt rules setting minimum standards for continuing education to ensure that all licensed nurses remain informed about those technical and professional subjects which the board deems appropriate to nursing practice.
(2)
The board shall not require more than twenty (20) hours of continuing education per year.
(b)
The board shall make every effort to ensure that the continuing education programs are offered either within the nurse's workplace or at another place convenient to the nurse, whether through live presentation or distance learning.
(c)
(1)
The board shall adopt rules to prescribe the methods by which the minimum standards for continuing education may be satisfied.
(2)
The failure of any licensed nurse to satisfy the minimum standards for continuing education shall be grounds for disciplinary action or nonrenewal of the nurse's license, or both.
Acts 2001, No. 86, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-208 - Collection of nursing workforce and nursing education data

(a)
The Arkansas State Board of Nursing may create a data repository to collect, report, track, and trend data regarding nursing education and the nursing workforce in Arkansas for more timely and accurate tracking of the nursing education and nursing workforce throughout the state.
(b)
The data collection described in subsection (a) of this section shall include data relating to the root causes of nurse retention and nurse turnover throughout the state.
(c)
(1)
The board shall create and establish an action plan for the nursing workforce in Arkansas to improve nurse availability across the state.
(2)
The action plan described in subdivision (c)(1) of this section shall be updated annually and include stakeholder feedback.
(d)
The board may contract with a non-state entity to fulfill the requirements of this section.
(e)
The board may apply for one-time funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if available and eligible, to fund the first two-years expense to create the data repository, but may not exceed five hundred thousand dollars ($500,000) in funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2.
Added by Act 2023, No. 673,§ 1, 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 2 - ARKANSAS STATE BOARD OF NURSING (§§ 17-87-201 — 17-87-209) › Section 17-87-209 - Clinical Nurse Education Portal

(a)
The Department of Health, in coordination with the Arkansas State Board of Nursing, shall establish the "Clinical Nurse Education Portal", if funds are available.
(b)
The portal shall:
(1)
Be a statewide management software system that contains information for all nursing programs in Arkansas in relation to clinical nursing placement access for nursing students and healthcare facilities;
(2)
Be compliant with the Family Educational Rights and Privacy Act of 1974,
20 U.S.C. § 1232g
, and the Health Insurance Portability and Accountability Act of 1996;
(3)
Provide clinical access and utilization data to the board to inform future quality improvement initiatives;
(4)
Contain compliance, orientation, clinical schedules, and affiliation information for a clinical nursing placement; and
(5)
Be accessible to all healthcare providers and nursing programs with clinical hour requirements, including simulation laboratory hours.
(c)
The department may contract with a non-state entity to establish and maintain the portal.
(d)
(1)
All nursing programs and healthcare providers participating or desiring to participate in providing nursing clinical experiences shall have access to the portal and the ability to manage clinical requests, affiliations, and clinical compliance utilizing the software.
(2)
A nursing program or healthcare provider is not required to adopt the use of the portal as their primary clinical experience management software.
(e)
(1)
On the year-anniversary of August 1, 2023, and annually thereafter, the department shall report on the implementation, progress, and activity of the portal to the:
(A)
Senate Committee on Public Health, Welfare, and Labor; and
(B)
House Committee on Public Health, Welfare, and Labor.
(2)
The Chair of the Senate Committee on Public Health, Welfare, and Labor or the Chair of the House Committee on Public Health, Welfare, and Labor may request any additional reports at his or her discretion.
(f)
(1)
The portal may be funded by one-time funds under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, if available and eligible, to fund personnel and build software programs.
(2)
In order to maintain the portal, the department may charge a fee to nursing programs or healthcare providers, or both, that use the portal.
(g)
The department may expand the portal to include other disciplines of healthcare professionals.
Added by Act 2023, No. 674,§ 1, 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-301 - Registered nurses

(a)
Qualifications.
Before taking the examination or before the issuance of a license by endorsement, an applicant for a license to practice professional nursing shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant:
(1)
Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and
(2)
Has completed the required approved professional nursing education program.
(b)
Issuance of License.
A license to practice as a registered nurse may be issued:
(1)
By Examination.
The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successfully passing the examination, the board shall issue to the applicant a license to practice professional nursing as a registered nurse; or
(2)
By Endorsement.
The board may issue a license to practice professional nursing as a registered nurse by endorsement to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the qualifications required of registered nurses in this state at the time of graduation and if the board so recommends.
(c)
Nurses Registered Before March 29, 1971.
Any person holding a license or certificate of registration to practice nursing as a registered nurse issued by the board which was valid on March 29, 1971, shall be deemed to be licensed as a registered nurse under the provisions of this chapter.
(d)
Title and Abbreviation.
Any person who holds a license to practice professional nursing in this state shall have the right to use the title "registered nurse" and the abbreviation "R.N.".
Amended by Act 2019, No. 990,§ 73, eff. 7/24/2019.
Acts 1971, No. 432, § 10; 1979, No. 613, § 3; 1981 (1st Ex. Sess.), No. 19, §§ 1-3; A.S.A. 1947, § 72-754; Acts 1991, No. 162, § 1; 1995, No. 409, § 8.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-303 - Registered nurse practitioners

(a)
(1)
Any person holding a license to practice as a registered nurse and possessing the educational qualifications required under subsection (b) of this section to be licensed as a registered nurse practitioner, upon application and payment of necessary fees to the Arkansas State Board of Nursing, may be licensed as a registered nurse practitioner and have the right to use the title of "registered nurse practitioner" and the abbreviation "R.N.P.".
(2)
No other person shall assume such a title or use such an abbreviation or any other words, letters, signs, or devices to indicate that the person using them is a registered nurse practitioner.
(b)
In order to be licensed as a registered nurse practitioner, a registered nurse must hold a certificate or academic degree evidencing successful completion of the educational program of an accredited school of nursing or other nationally recognized accredited program recognized by the board as meeting the requirements of a nurse practitioner program.
(c)
However, any person qualified to receive a license as a registered nurse practitioner may obtain the license upon the payment of a fee not to exceed twenty-five dollars ($25.00) for the original license. The license fees are to be in addition to the person's registered nurse license fees.
Acts 1971, No. 432, §§ 2, 10; 1979, No. 404, §§ 1, 7; 1979, No. 613, §§ 2, 3; 1981 (1st Ex. Sess.), No. 19, §§ 1-3; A.S.A. 1947, §§ 72-746, 72-754.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-304 - Licensed practical nurses

(a)
Qualifications.
An applicant for a license to practice practical nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant:
(1)
Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and
(2)
Has completed a prescribed curriculum in a state-approved program for the preparation of practical nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.
(b)
Issuance of License.
A license to practice as a practical nurse may be issued:
(1)
By Examination.
The applicant shall be required to pass an examination in such subjects as the board may determine. Upon successful completion of the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse; or
(2)
By Endorsement.
The board may issue a license to practice practical nursing by endorsement to any applicant who has duly been licensed or registered as a licensed practical nurse or to a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this state at the time of graduation and if the board so recommends.
(c)
Person Licensed Before March 29, 1971.
Any person holding a license to practice as a practical nurse issued by the board and which was valid on March 29, 1971, shall be deemed to be licensed as a practical nurse under the provisions of this chapter.
(d)
Title and Abbreviation.
Any person who holds a license to practice practical nursing in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N.".
(e)
Educational Program.
The educational program for the preparation of licensed practical nurses may be provided by a postsecondary educational institution, a hospital, or a consortium of five (5) or more skilled nursing facilities.
Amended by Act 2021, No. 759,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 990,§ 74, eff. 7/24/2019.
Acts 1971, No. 432, § 11; 1981, No. 54, § 1; 1981 (1st Ex. Sess.), No. 19, §§ 4, 5; A.S.A. 1947, § 72-755; Acts 1991, No. 162, § 2; 1995, No. 409, § 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-305 - Licensed psychiatric technician nurses

(a)
Qualifications.
An applicant for a license to practice psychiatric technician nursing shall submit to the Arkansas State Board of Nursing evidence, verified by oath, that the applicant:
(1)
Has completed an approved high school course of study or the equivalent thereof as determined by the appropriate educational agency; and
(2)
Has completed a prescribed curriculum in a state-approved program for the preparation of psychiatric technician nurses and holds a diploma or certificate therefrom. However, the board may waive this requirement if the board determines the applicant to be otherwise qualified.
(b)
Issuance of License.
A license to practice as a psychiatric technician nurse may be issued:
(1)
By Examination.
The applicant shall be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing the examination, the board shall issue to the applicant a license to practice as a psychiatric technician nurse. All such examinations shall be conducted by an examiner, who shall be a registered nurse, and by an assistant examiner, who shall be a licensed psychiatric technician nurse; or
(2)
By Endorsement.
The board may issue a license to practice psychiatric technician nursing by endorsement to an applicant who has duly been licensed or registered as a licensed psychiatric technician nurse or a person entitled to perform similar services under a different title under the laws of another state, territory, or foreign country if, in the opinion of the board, the applicant meets the requirements for licensed psychiatric technician nurses in this state at the time of graduation and if the board so recommends.
(c)
Person Licensed Before March 29, 1971.
Any person holding a license to practice as a psychiatric technician issued by the board in accordance with Acts 1953, No. 124 [repealed], and which was valid on March 29, 1971, shall be deemed to be licensed as a psychiatric technician nurse under the provisions of this chapter.
(d)
Title and Abbreviation.
Any person who holds a license to practice psychiatric technician nursing in this state shall have the right to use the title "licensed psychiatric technician nurse" and the abbreviation "L.P.T.N.".
Amended by Act 2019, No. 990,§ 75, eff. 7/24/2019.
Acts 1971, No. 432, § 12; 1981, No. 54, § 2; 1981 (1st Ex. Sess.), No. 19, §§ 6, 7; A.S.A. 1947, § 72-756; Acts 1995, No. 409, § 11.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-306 - Fees

The Arkansas State Board of Nursing shall establish and collect fees and penalties for services relating to certification, examination, licensing, endorsement, certification for prescriptive authority, temporary permits, license renewal, certification renewal, and other reasonable services as determined by the board.
Acts 1995, No. 409, § 12; 2005, No. 1423, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-307 - Temporary permits

(a)
(1)
Upon application and payment of the required fee, the Arkansas State Board of Nursing may issue a temporary permit to practice professional, practical, or psychiatric technician nursing to a qualified applicant who has:
(A)
Completed a program in professional, practical, or psychiatric technician nursing approved by the appropriate state or national authorizing agency of this state or country and by the appropriate authorizing agency of other states or territories or foreign countries; and
(B)
Applied for or is awaiting results of the first examination he or she is eligible to take after the permit is issued.
(2)
The permit shall become invalid upon notification to the applicant of the results of the first examination he or she is eligible to take after the permit is issued.
(b)
(1)
Upon application and payment of the required fee, the board shall issue a temporary permit to a qualified applicant holding a current professional, practical, or psychiatric technician license from another jurisdiction from any other state or territory awaiting endorsement.
(2)
This permit must have an issuance date and an expiration date. The permit shall be valid for no more than six (6) months.
(c)
(1)
Upon application and payment of the required fee, an applicant shall be issued a temporary permit to practice advanced practice nursing who has:
(A)
Satisfactorily completed an educational program for advanced practice nursing approved by the board; and
(B)
Been accepted by the appropriate certification body to sit for the first national certification exam he or she is eligible to take.
(2)
The permit shall expire upon notification to the applicant of the results of the examination.
(3)
The permit is not renewable and does not apply to prescriptive authority.
(d)
(1)
Upon application and payment of the required fee, the board shall issue a temporary permit to a qualified applicant holding a current advanced practice registered nurse license or the equivalent from another jurisdiction from any other state or territory awaiting endorsement.
(2)
(A)
This permit must have an issuance date and a date when it shall become invalid.
(B)
The permit shall automatically become invalid upon notification of the applicant's failure to pass the appropriate national certification exam.
(C)
In no event shall the permit be valid in excess of six (6) months.
Amended by Act 2013, No. 604,§ 13, eff. 8/16/2013.
Acts 1971, No. 432, § 13; 1977, No. 88, § 1; 1979, No. 90, § 1; 1980 (1st Ex. Sess.), No. 14, § 2; 1981 (1st Ex. Sess.), No. 19, § 9; A.S.A. 1947, § 72-757; Acts 1995, No. 409, § 13; 2001, No. 303, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-308 - Renewal of licenses

(a)
(1)
The Arkansas State Board of Nursing shall prescribe the procedure for the cyclical biennial renewal of licenses to every person licensed by the board.
(2)
In each case, the board shall mail a notification for renewal to the licensee at least thirty (30) days before the expiration date of the license.
(b)
Upon receipt of the application and the fee, the board shall verify the accuracy of the application and renew the license for a period to expire on the last day of the current biennial cycle.
(c)
The renewal shall render the holder a legal practitioner of nursing for the period stated in subsection (b) of this section.
(d)
Any licensee who allows his or her license to lapse by failing to renew the license as provided in this section may be reinstated by the board on payment of the renewal fee plus a penalty.
(e)
Any person practicing nursing during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter.
(f)
(1)
(A)
An individual may place his or her license on inactive status with written notification to the board.
(B)
The holder of an inactive license shall not practice nursing in this state.
(2)
(A)
The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive or lapsed license.
(B)
When proceedings to suspend or revoke an inactive license or otherwise discipline the holder of an inactive license have been initiated, the license shall not be reinstated until the proceedings have been completed.
(3)
An inactive license may be placed in an active status upon compliance with the rules established by the board.
(g)
As a condition of licensure renewal, an advanced practice registered nurse shall submit proof of current national certification and successful completion of continuing education as required by the board.
(h)
The board shall waive the renewal fee of a nurse who:
(1)
Holds a license to practice nursing in the State of Arkansas; and
(2)
Is an active duty member of the United States Armed Forces or a member of the Arkansas National Guard on state active duty.
Amended by Act 2019, No. 462,§ 15, eff. 7/24/2019.
Amended by Act 2017, No. 204,§ 4, eff. 8/1/2017.
Amended by Act 2013, No. 604,§ 14, eff. 8/16/2013.
Acts 1971, No. 432, § 13; 1981 (1st Ex. Sess.), No. 19, § 9; A.S.A. 1947, § 72-757; Acts 1987, No. 147, § 1; 1995, No. 409, § 14; 1997, No. 179, § 14; 2005, No. 61, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-309 - Disciplinary actions

(a)
The Arkansas State Board of Nursing shall have sole authority to deny, suspend, revoke, or limit any license or privilege to practice nursing or certificate of prescriptive authority issued by the board or applied for in accordance with the provisions of this chapter or to otherwise discipline a licensee upon proof that the person:
(1)
Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing or is engaged in the practice of nursing without a valid license;
(2)
Is guilty of a crime or gross immorality;
(3)
Is unfit or incompetent by reason of negligence, habits, or other causes;
(4)
Is habitually intemperate or is addicted to the use of habit-forming drugs;
(5)
Is mentally incompetent;
(6)
Is guilty of unprofessional conduct;
(7)
Has had a license, privilege to practice, certificate, or registration revoked or suspended or has been placed on probation or under disciplinary order in any jurisdiction;
(8)
Has voluntarily surrendered a license, privilege to practice, certification, or registration and has not been reinstated in any jurisdiction; or
(9)
Has willfully or repeatedly violated any of the provisions of this chapter.
(b)
The board shall refuse to issue or shall revoke the license of any person who is found guilty of or pleads guilty or nolo contendere to any offense listed in §
17-3-102
, unless the person requests and the board grants a waiver pursuant to §
17-3-102
.
(c)
Proceedings under this section shall be as provided in the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2021, No. 476,§ 2, eff. 7/28/2021.
Acts 1971, No. 432, § 16; A.S.A. 1947, § 72-760; Acts 1995, No. 409, § 15; 1999, No. 1208, § 3; 2001, No. 212, § 1; 2007, No. 207, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-311 - Direct reimbursement agreements

(a)
An advanced practice registered nurse or a registered nurse practitioner may enter into a direct reimbursement agreement with the agency administering the Arkansas Medicaid Program.
(b)
The agency administering the Arkansas Medicaid Program shall not discriminate against practitioners providing covered services within the scope of their practice based on the type of practitioner.
Amended by Act 2013, No. 604,§ 16, eff. 8/16/2013.
Acts 1995, No. 409, § 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-313 - Licensing of noncitizens

(a)
The Arkansas State Board of Nursing may grant a license under this subchapter to an individual who, in addition to fulfilling the requirements to practice nursing in this state, satisfies the following requirements:
(1)
The United States Department of Homeland Security has approved the individual's request for exemption under the Deferred Action for Childhood Arrivals policy;
(2)
The individual's exemption status under the Deferred Action for Childhood Arrivals policy has not expired or has been properly renewed; and
(3)
The individual has a current and valid employment authorization document issued by the United States Citizenship and Immigration Services.
(b)
This section is a state law within the meaning of subsection (c) of
8 U.S.C. § 1621
, as it existed on January 1, 2019.
(c)
(1)
The board shall promulgate rules under this section.
(2)
(A)
When adopting the initial rules to implement this section, 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.
Added by Act 2019, No. 837,§ 2, 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 3 - LICENSING (§§ 17-87-301 — 17-87-316) › Section 17-87-316 - Fees and disposition of fees related to Full Independent Practice Credentialing Committee

(a)
The Full Independent Practice Credentialing Committee shall establish fees relating to application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services as determined by the committee.
(b)
The committee may promulgate rules as necessary to administer the fees, rates, or charges for application, certification, endorsement, certification for prescriptive authority, certification renewal, and other reasonable services.
(c)
(1)
Revenue collected under §
17-87-314
shall be deposited into the State Treasury as cash funds to be known as the "Full Independent Practice Credentialing Committee Fund" to be used as set out in §
17-87-314
.
(2)
The cash fund established in this section shall be maintained and administered by the committee and shall be used for the payment of personal services, operating expenses, and for the payment of mileage and per diem of committee members for attendance at meetings, briefings, and hearings.
Added by Act 2021, No. 769,§ 56, eff. 7/1/2021.
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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 4 - EDUCATIONAL PROGRAMS (§§ 17-87-401 — 17-87-403) › Section 17-87-401 - Nursing education programs

(a)
An institution desiring to conduct a nursing education program to prepare professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses shall apply to the Arkansas State Board of Nursing and submit evidence that:
(1)
It is prepared to carry out a program in professional nursing education, advanced practice nursing education, nurse practitioner nursing education, practical nursing education, or psychiatric technician nursing training, as the case may be; and
(2)
It is prepared to meet such standards as shall be established by this chapter and by the board.
(b)
(1)
A survey of the institution and its entire nursing education program shall be made by an authorized representative of the board, who shall submit a written report of the survey to the board.
(2)
If, in the opinion of the board, the requirements for an approved nursing education program are met, the program shall be approved as a nursing education program for professional, advanced practice, nurse practitioner, practical, and psychiatric technician nurses.
(c)
(1)
From time to time, as deemed necessary, it shall be the duty of the board, through its authorized representative, to survey its nursing education programs in the state.
(2)
Written reports of such surveys shall be submitted to the board.
(3)
If the board shall determine that any approved nursing education program under its supervision is not maintaining the standards required by the statutes and by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the institution conducting the program.
(4)
A program that fails within a reasonable time to correct these conditions to the satisfaction of the board shall be withdrawn after a hearing.
Acts 1971, No. 432, § 15; A.S.A. 1947, § 72-759; Acts 1995, No. 409, § 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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 4 - EDUCATIONAL PROGRAMS (§§ 17-87-401 — 17-87-403) › Section 17-87-402 - Institutions of higher education - Challenge and validation examinations - Definitions

(a)
As used in this section:
(1)
"Challenge examination" means a test designed to determine the level of knowledge of the person being tested in the subject area of the test. Challenge examinations may cover any area of academic pursuit; and
(2)
"Validation examination" means an evaluation of prior knowledge, experience, or skills. Validation examinations are administered to determine the proper placement of the examinee within a nurse training program.
(b)
The Division of Higher Education shall:
(1)
Encourage and supervise the development of methods of validation of nursing knowledge and skills through written and clinical testing mechanisms;
(2)
Review and approve validation and challenge examinations for fairness and relevant content;
(3)
Set uniform passing scores to be used by institutions of higher education in this state for passing standardized validation and challenge examinations when the passing scores are not determined at the national level; and
(4)
Require schools using individual school-made tests to select one (1) standard passing score for each test which any level of student must achieve to receive credit.
(c)
All institutions of higher education in this state shall use standardized validation and challenge examinations or devise their own. All challenge examinations and all validation examinations shall be submitted to the division for its approval. Upon the successful passing of a validation examination or challenge examination, the examinee shall be given credit for the course which is the subject of the test.
(d)
Each Arkansas institution of higher education shall accept the credit given by other Arkansas institutions of higher education for the successful passing of a challenge examination or a validation examination on any course required in the nursing curriculum.
(e)
(1)
Licensed practical nurses and licensed psychiatric technician nurses may transfer or challenge by test, or validate, up to thirty (30) semester credit hours from the total nursing program curriculum upon entering diploma, associate degree, or baccalaureate degree programs in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred.
(2)
Registered nurses may transfer or challenge by test, or validate, up to sixty (60) semester credit hours from the total nursing program curriculum upon entering a baccalaureate degree program in nursing in Arkansas. This does not include other hours they may have earned which may also be transferred.
Amended by Act 2019, No. 910,§ 2245, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2244, eff. 7/1/2019.
Acts 1979, No. 88, §§ 1-5; A.S.A. 1947, §§ 72-759.1 -- 72-759.5.
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 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 4 - EDUCATIONAL PROGRAMS (§§ 17-87-401 — 17-87-403) › Section 17-87-403 - Nursing recruitment and admission

Upon request, the Arkansas State Board of Nursing shall provide assistance to publicly supported institutions of higher education in implementing programs offered under §
6-60-212
.
Acts 2005, No. 1256, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 6 - NURSE LICENSURE COMPACT (§§ 17-87-601 — 17-87-604) › Section 17-87-602 - Practice privileges - Power of board to limit or revoke

The Arkansas State Board of Nursing may limit or revoke practice privileges in this state of a person licensed to practice nursing by a jurisdiction that has joined the Compact or take action on previous practice privilege action from another party state.
Acts 1999, No. 220, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 6 - NURSE LICENSURE COMPACT (§§ 17-87-601 — 17-87-604) › Section 17-87-603 - Definition

As used in this subchapter, the term "head of the state licensing board" means the Director of the Arkansas State Board of Nursing.
Amended by Act 2019, No. 386,§ 39, eff. 7/24/2019.
Acts 1999, No. 220, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 87 - NURSES (§§ 17-87-101 — 17-87-808) › Subchapter 6 - NURSE LICENSURE COMPACT (§§ 17-87-601 — 17-87-604) › Section 17-87-604 - Effective date

(a)
The effective date of this Compact shall be July 1, 2000.
(b)
Upon the effective date of this compact, the licensing board shall participate in an evaluation of the effectiveness and operability of the compact. Upon completion of the evaluation, a report shall be submitted to the Legislative Council for its review.
Acts 1999, No. 220, § 4.