reglab/statecodes huggingface dataset:
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.98-009 - Rule and Regulation 69 - Viatical Settlements Regulation

Current through Register Vol. 49, No. 6, June, 2024
§ 1.
Purpose
The purpose of this rule is to implement Ark. Code Ann. §
			 23-81-501, et seq, known as 'The Viatical Settlements Act," as enacted by Act
			 490 of 1997. This rule sets forth requirements pertaining to the licensing of
			 viatical settlement providers, viatical settlement agents, and viatical
			 settlement brokers, as well as promulgates standards for minimum payments,
			 reporting, advertising and disclosure applicable to those persons and
			 organizations selling or facilitating viatica! settlement transactions in this
			 state.
§ 2.
Authority
This rule is issued pursuant to the authority vested in the
			 Commissioner by Ark. Code Ann. § 23-81-510 and Ark. Code. Ann. §
								23-61-108, and
			 any other applicable provisions of Arkansas law.
§ 3.
Applicability and
		  scope
This rule shall apply to ail new viatical settlement contracts
			 solicited, sold, issued, issued for delivery, or to be performed in this state
			 on and after March 1, 1998.
§
		  4.
Effective date
The effective date of this Rule is March 1. 1998.
§ 5.
Definitions
(A) A "viatical settlement provider' means
		  that person or organization defined in Ark. Code Ann. § 23-81-5020
		  );
(B) A "viatical settlement
		  broker" means that person or organization defined in Ark. Code Ann. §
		  23-81-502(h);
(C) A "viatical
		  settlement agent" means that person who is an authorized agent of a licensed
		  viatical settlement provider or viatical settlement broker who acts or aids in
		  any manner in the solicitation of a viatical settlement. A viatical settlement
		  agent shall not Include:
(1) An attorney, an
		  accountant, a financial planner or any person exercising a power of attorney
		  granted by a viator or;
(2) Any
		  person who is retained to represent a viator and whose connpensation Is paid by
		  or at the direction of the viator regardless of whether the viatical settlement
		  is consummated.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.98-012 - RESCISSION of Obsolete Department Rules and Regulation, or Bulletins and Directives - 1) Bulletins - No. 1-75, 1-88, 17-89, 4-96, 5-97, 9-97, 9-97. 2) Directives - No. 2-90. 3) Rules and Regulations - No. 5, 14, 47

Current through Register Vol. 49, No. 6, June, 2024
As a result of new legislation, new or readopted rules &
			 regulations, and/or new bulletins, the following Department Rules and
			 Regulations, or Bulletins and Directives are obsolete and are being rescinded
			 by this Department:
I.
Bulletins
:
Rescinded as of November 1,
		  1998:
NO.
TITLE
ISSUE DATE
1-75
Premium Financing of Life Insurance for College
						Students
4-21-75
1-88
Effect of Recodification of Arkansas Law on Department
						Rules and Regulations, Bulletins and Directives
4-23-88
17-89
Arkansas Code Annotated §
												23-79-114,
						Freedom of Choice
7-21-89
4-96
Agent Addresses
5-97
Solicitors No Longer to Be Licensed
4-24-97
9-97
Change in Licensing/Appointments for Pre-Paid Legal
						Insurance Agents, Including Withdrawal or Rescission of Rule and Regulation 47,
						"Pre-Ucensing Educational Requirements for Legal Insurance Agents"
7-1-97
II.
Directives
:
Rescinded as of November 1,
		  1998:
NO.
TITLE
ISSUE DATE
2-90
Guidelines for Fraternal Benefit Society Agents
						Requesting Exemption from Examination, Pre-Licensing and Continuing Education
						Requirements Pursuant to Ark. Code Ann. §
												23-74-609
						(1989) and for Compliance with New License Renewal Requirements
8-24-90
III.
RULES AND REGULATIONS:
Rescinded as of November 1, 1998, are:
NO.
TITLE
ISSUE DATE
5
Licensing of Solicitors
4-3-67
14
Premium Financing of Life Insurance for College
						Students
1-1-75
47
Pre-Licensing Educational Requirements for Legal
						Insurance Agents
5-1-90
The Department will reassign these former Rule numbers to new,
			 unrelated rules and regulations upon adoption in the future.
Please direct your inquiries to the Legal Division at
			 501-371-2820. Thank you.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.99-003 - Rule and Regulation No. 5 - Companies' Antifraud Assessment

Current through Register Vol. 49, No. 6, June, 2024
§ 1.
PURPOSE.
The purpose of this Rule and Regulation is to adjust the
			 antifraud assessment specified in Arkansas Code Annotated §
								23-100-104.
§ 2.
AUTHORITY AND
		  SCOPE.
(A) AUTHORITY. The Insurance
		  Commissioner ("Commissioner") hereby promulgates this rule under his authority
		  pursuant to Arkansas Code Annotated §§
								23-100-104,
		  25-15--204(b), and other applicable sections of Arkansas law.
(B) SCOPE. This rule shall apply to all
		  licensed insurers, including but not limited to all licensed stock and mutual
		  insurance companies, reinsurers, health maintenance organizations, fraternal
		  benefit societies, hospital and medical service corporations, stipulated
		  premium insurers, farmers' mutual aid associations, and pre-paid legal
		  insurers. For purposes of this rule, "insurers" shall mean any and all the
		  licensed or authorized insurers referenced in this rule and as defined in
		  Arkansas Code Annotated §
								23-60-102(11),
		  and shall include the other limited licenses enumerated in this section and in
		  ACA §
								23-100-101,etseq., and not
		  otherwise excluded.
(C)
		  APPLICATION. - The rule is not intended to and shall not apply to approved but
		  non-admitted surplus line insurers, registered foreign and alien risk retention
		  groups, registered purchasing groups, or to licensed automobile clubs or
		  associations. This rule is intended to apply to annuity premiums and
		  considerations, including annuity and other fund deposit premiums listed on the
		  NAIC Convention Blank Schedule T. This rule is not intended to apply to
		  indemnity reinsurance premiums or other premiums which are not "direct
		  written". The rule is intended to apply to companies who have not written any
		  Arkansas premiums in the reported calendar year.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.99-004 - Rule and Regulation 27 - Minimum Standards for Medicare Supplement Policies

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this rule and regulation is to provide for the
			 reasonable standardization of coverage and simplification of terms and benefits
			 of Medicare supplement policies; to facilitate public understanding and
			 comparison of such policies; to eliminate provisions contained in such policies
			 which may be misleading or confusing in connection with the purchase of such
			 policies or with the settlement of claims; and to provide for full disclosures
			 in the sale of disability insurance coverages to persons eligible for
			 Medicare.
SECTION 2.
AUTHORITY
This rule and regulation is issued pursuant to the authority
			 vested in the Commissioner under Act 72 of 1991 (First Extraordinary Session),
			 Ark. Code Ann. §
								23-61-108,
			 §
								23-66-201 through §
								23-66-214,
			 §§
								23-66-301,
			 et seq., §
								23-79-109,
			 §
								23-79-110,
			 §
								23-85-105,
			 § 23-74-122, §
								23-75-111,
			 §
								23-76-125 and
			 §§
								25-15-202,
			 et seq., and
			 Public
			 Law 101-508.
SECTION 3.
APPLICABILITY AND
		  SCOPE
A.Except as otherwise
		  specifically provided in Sections 7, 12,13,16 and 21, this rule and regulation
		  shall apply to:
(1) All Medicare supplement
		  policies delivered or issued for delivery in this State on or after the
		  effective date of this regulation; and
(2) All certificates issued under-group
		  Medicare supplement policies which certificates have been delivered or issued
		  for delivery in this State.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.99-006 - Rule and Regulation 50 - Agents Continuing Education

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule and Regulation is to establish
			 requirements and standards for continuing education for natural persons
			 licensed as insurance agents or brokers by the Commissioner.
SECTION 2.
AUTHORITY
This Rule is issued under the authority vested in the
			 Commissioner of Insurance ("Commissioner") by Ark. Code Ann. Section
			 23-64-304(a),
			 as amended by Act 1004 of 1997.
SECTIONS.
EFFECTIVE DATE AND
		  APPLICABILITY
This Rule and Regulation shall be effective April 15, 1998 and
			 shall be applicable to those persons licensed to act as an insurance agent or
			 broker, who must comply with Ark. Code Ann. §§
								23-64-301,
			 et seq., on and after July 1, 1998, for the sale of the following types of
			 insurance:
A. Life and disability
		  insurance.
B. Property and casualty
		  insurance.
C. All lines of
		  insurance for which an exammination is required for licensing.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.99-007 - Rule and Regulation 14 - Limited License for Rental Companies

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
PURPOSE
The purpose of this Rule and Regulation is to establish
			 requirements and standards for a limited license for rental companies by the
			 Commissioner. The Commissioner may issue to a rental company a limited license
			 authorizing the limited licensee to offer or sell insurance in connection with
			 the rental of vehicles.
SECTION
		  2.
AUTHORITY
This Rule is issued under the authority vested in the
			 Commissioner of Insurance ("Commissioner") by Ark. Code Ann. Section
			 23-64-304(a).
SECTION 3.
EFFECTIVE DATE
This Rule and Regulation shall be effective December 1,
			 1999.
SECTION 4.
APPLICABILITY
This rule shall be applicable to those rental companies holding a
			 limited license pursuant to Ark. Code Ann. §
								23-64-205.
SECTION 5.
DEFINITIONS
(A) "Limited license" means the authority of
		  a person or entity authorized to sell certain coverages relating to the rental
		  of vehicles pursuant to the provisions of this subsection.
(B) "Rental agreement" means any written
		  agreement setting forth the terms and conditions governing the use of a vehicle
		  provided by the rental company for rental or lease.
(C) "Rental company" means any person or
		  entity in the business of providing primarily private passenger vehicles to the
		  public under a rental agreement for a period not to exceed ninety (90)
		  days.
(D) "Renter" means any person
		  obtaining the use of a vehicle from a rental company under the terms of a
		  rental agreement for a period not to exceed ninety (90) days.
(E) "Vehicle" or "rental vehicle" means a
		  motor vehicle of the private passenger type including passenger vans, minivans
		  and sport utility vehicles, and of the cargo type, including cargo vans, pick
		  up trucks and trucks with a gross vehicle weight of less than twenty-six
		  thousand (26,000) pounds, and which do not require the operator to possess a
		  commercial driver's license.
(F)
		  "Rental period" means the term of the rental agreement.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Division 01 - Legal Division › Rule 054.01.20-002 - Rule 105 Verification of Life Insurance Benefits

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Authority
This Rule is promulgated pursuant to Section Two (2) of Act 500
				of 2019 of the Arkansas General Assembly, codified in Ark. Code Ann. §
									23-40-112(h);
				authority is also found in Ark. Code Ann. §
									23-61-108, Ark.
				Code Ann. §
									25-15-204,
				and other applicable laws or rules.
Section 2.
Purpose
The purpose of this Rule is to establish the process by which
				an insurer who has issued a whole life insurance policy or annuity which funds
				a prepaid funeral benefits contract, must verify benefits for a contract
				beneficiary.
Section 3.
Requirements
An insurer who has issued a whole life insurance policy or
				annuity which funds a prepaid funeral benefits contract shall verify the
				benefits of the contract beneficiary within three (3) business days from the
				receipt of a notification of death of a contract beneficiary and a request for
				verification of benefits. The three (3) day timeframe applies whether the
				request for verification of benefits is made by an owner, beneficiary, or
				assignee, or the authorized representative of the owner, beneficiary, or
				assignee.
The insurer is required to verify benefits, without limitation,
				in the following circumstances:
A.
			 Whether the deceased is a covered person under the policy or annuity;
B. The death benefit amount under the policy
			 or annuity; and
C. Whether the
			 policy or annuity is in the contestability period.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Division 01 - Legal Division › Rule 054.01.20-006 - Final Rule 112: "Travel Insurance"

Current through Register Vol. 49, No. 6, June, 2024
Section
			 1.
Authority
This Rule is issued pursuant to the authority granted the
				Arkansas Insurance Commissioner ("Commissioner") under Ark. Code Ann.
				§§
									23-61-108 and
				23-64-234.
Section 2.
Scope and
			 Purposes
A. The purpose of this Rule
			 is to implement Act 698 of 2019 and to promote the public welfare by creating a
			 comprehensive legal framework within which Travel Insurance may be sold in this
			 state.
B. The requirements of this
			 Rule shall apply to Travel Insurance that covers any resident of this state,
			 and is sold, solicited, negotiated, or offered in this state, and policies and
			 certificates that are delivered or issued for delivery in this state. It shall
			 not apply to Cancellation Fee Waivers or Travel Assistance Services, except as
			 expressly provided herein.
C. All
			 other applicable provisions of this state's insurance laws shall continue to
			 apply to Travel Insurance except that the specific provisions of Act 698 of
			 2019 shall supersede any general provisions of law that would otherwise be
			 applicable to Travel Insurance.
Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Division 01 - Legal Division › Rule 054.01.20-009 - Amended Final Rule 82 "Suitability in Annuity Transactions"

Current through Register Vol. 49, No. 6, June, 2024
Section 1.
Purpose
A. The purpose of this
			 Rule is to require producers, as defined in this Rule, to act in the best
			 interest of the consumer when making a recommendation of an annuity and to
			 require insurers to establish and maintain a system to supervise
			 recommendations so that the insurance needs and financial objectives of
			 consumers at the time of the transaction are effectively addressed.
B. Nothing herein shall be construed to
			 create or imply a private cause of action for a violation of this Rule or to
			 subject a producer to civil liability under the best interest standard of care
			 outlined in Section 6 of this Rule or under standards governing the conduct of
			 a fiduciary or a fiduciary relationship.
Arkansas Administrative Code › Agency 059 - Arkansas Board of Massage Therapy › Rule 059.00.10-001 - 2010 Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
Adopted Rules & Regulations REVISED: September 13,
			 2010
Article One
Principles, Methods and
			 Definitions
1.
		  Terms found in
Arkansas Code
&
		  17-86-102
		  are descriptive rather than limiting, and massage therapy includes those
		  techniques which are utilized in all phases of massage and bodywork for the
		  purposes of relaxation, stress reduction, pain relief, injury prevention,
		  injury repair, postural improvement and/or health enhancement.
"Massage therapy" means to engage in the practice of any of the
			 following procedures:
(A) All massage
		  therapy techniques and procedures, either hands-on or with mechanical
		  devices;
(B) Therapeutic
		  application of all oils, lotions, and powders;
(C) Therapeutic application of hot or cold
		  packs;
(D) Hydrotherapy
		  techniques;
(E)
		  Heliotherapy;
(F)
		  Electrotherapy;
(G) Any technique
		  or procedure that involves pressurized touch or contact sufficient to impact
		  soft tissue and/ or circulation (even if based in non-Western or eclectic
		  approaches) is considered massage therapy or bodywork if not specifically
		  regulated by another licensing board.
Arkansas Administrative Code › Agency 059 - Arkansas Board of Massage Therapy › Rule 059.00.15-002 - Arkansas State Board of Massage Therapy Rules

Current through Register Vol. 49, No. 6, June, 2024
Adopted Rules & Regulations REVISED: November
			 2015
Article One
Principles, Methods and
			 Definitions
1.
		  Terms found in
Arkansas Code
&
		  17-86-102
		  are descriptive rather than limiting, and massage therapy includes those
		  techniques which are utilized in all phases of massage and bodywork for the
		  purposes of relaxation, stress reduction, pain relief, injury prevention,
		  injury repair, postural improvement and/or health enhancement
"Massage therapy" means to engage in the practice of any of the
			 following procedures:
(A) All massage
		  therapy techniques and procedures, either hands-on or with mechanical
		  devices;
(B) Therapeutic
		  application and use of oils, herbal or chemical preparations, lubricants,
		  nonprescription creams, lotions, scrubs, powders, and other spa
		  services;
(C) Therapeutic
		  application of hot or cold packs;
(D) Hydrotherapy techniques;
(E) Heliotherapy;
(F) Electrotherapy;
(G) Any hands-on bodywork techniques and
		  procedures rising to the level of the techniques and procedures intended to be
		  regulated under this chapter and not covered under specific licensing laws of
		  other boards.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.01-001 - Regulation 2.8 - Requiring Minimum Standards for Establishing Physician / Patient Relationships

Current through Register Vol. 49, No. 6, June, 2024
A physician exhibits gross negligence if he provides and/or
			 recommends any form of treatment, including prescribing legend drugs, without
			 first establishing a proper physician/patient relationship.
Section A. For purposes of this regulation a
		  proper physician/patient relationship, at a minimum requires that:
1. The physician perform a history and
		  physical examination of the patient adequate to establish a diagnosis and
		  identify underlying conditions and/or contraindications to the treatment
		  recommended/provided, OR personally knows the patient and the patient's general
		  health status through an "ongoing" personal or professional relationship, AND
		  THAT
2. Appropriate follow-up be
		  provided, when necessary, at medically necessary intervals.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.01-002 - Regulation 6 - Regulations Governing the Licensing and Practice of Occupational Therapists

Current through Register Vol. 49, No. 6, June, 2024
1.
		  APPLICATION FOR LICENSURE. Any person who plans to practice as a licensed
		  occupational therapist or occupational therapy assistant in the state of
		  Arkansas shall, in addition to demonstrating his eligibility in accordance with
		  the requirements of Section 7 of Act 381 of 1977, apply for licensure to the
		  Board, on forms and in such a manner as the Board shall prescribe.
1.1 FORMS. Application forms can be secured
		  from the Arkansas State Medical Board.
1.2 FILING REQUIREMENTS. Completed
		  applications shall be mailed together with necessary documents and filing fee
		  to the Board. The filing fee is not refundable. Applications and documentation
		  must be completed within six months of date of receipt by the Arkansas State
		  Medical Board. Applications and documentation over six months old are voided
		  and the applicant must reapply.
1.3
		  BOARD ACTION ON APPLICANTS. Applications for licensure shall be acted upon by
		  the Board no later than its next regularly scheduled meeting following the
		  receipt of the required fee and all credentials.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.01-003 - Amendment to Regulation 7 Regulating the Prescribing of Amphetamines and Amphetamine Type Drugs for Narcolepsy, hyperkinesis, or Attention Deficit Disorder

Current through Register Vol. 49, No. 6, June, 2024
All prescriptions for:
(1) Schedule II Amphetamine, its salts,
		  optical isomers, and salts of its optical isomers;
(2) Schedule II Methamphetamine, its salts,
		  isomers, and salts of its isomers; must comply with both state and federal
		  laws. In addition, prescriptions for theses controlled drugs may be written by
		  a physician only for the treatment of Narcolepsy or Hyperkinesis or Attention
		  Deficit Disorder with or without hyperactivity. No second or subsequent
		  prescription for these controlled drugs may be written for the patient until a
		  second opinion is obtained from a physician confirming (1) the diagnosis of
		  Narcolepsy or Hyperkinesis or Attention Deficit Disorder with or without
		  hyperactivity and (2) that the controlled drug is the drug of choice.
Upon application to the Board and upon demonstration of need, any
			 physician who demonstrates a knowledge in the treatment of Hyperkinesis,
			 Narcolepsy, or Attention Deficit Disorder with or without hyperactivity, may
			 obtain exemption from the second opinion requirement of this regulation
			 including the confirmation of the diagnosis of Narcolepsy, Hyperkinesis, or
			 Attention Deficit Disorder and that the controlled drug is the drug of choice.
			 The Board shall maintain a register of all licensed physicians thus
			 exempted.
Violations of this regulation will be interpreted by the Board as
			 the physician exhibiting gross negligence or ignorant malpractice and shall
			 subject the physician to all penalties provided by Arkansas Code Ann.
			 17-95-410.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.05-003 - Amended Regulation No. 24 - Rules Governing Physician Assistants

Current through Register Vol. 49, No. 6, June, 2024
1. A physician
		  assistant must possess a license issued by the Arkansas State Medical Board
		  prior to engaging in such occupation.
2. To obtain a license from the Arkansas
		  State Medical Board, the physician assistant must do the following:
a. Answer all questions to include the
		  providing of all documentation requested on an application form as provided by
		  the Arkansas State Medical Board;
b. Pay the required fee for licensure as
		  delineated elsewhere in this regulation;
c. Provide proof of successful completion of
		  Physician Assistant National Certifying Examination, as administered by the
		  National Commission on Certification of Physician Assistants;
d. Certify and provide such documentation, as
		  the Arkansas State Medical Board should require that the applicant is mentally
		  and physically able to engage safely in the role as a physician
		  assistant;
e. Certify that the
		  applicant is not under any current discipline, revocation, suspension or
		  probation or investigation from any other licensing board;
f. Provide letters of recommendation as to
		  good moral character and quality of practice history;
g. The applicant should be at least 21 years
		  of age;
h. Show proof of graduation
		  with a Bachelor's Degree from an accredited college or university or prior
		  service as a military corpsman;
i.
		  Provide proof of graduation of a physician assistant education program
		  recognized by the Committee on Allied Health Education and Accreditation of
		  Allied Health Education Programs.
j. Show successful completion of the
		  Jurisprudence examination as administered by the Arkansas State Medical Board
		  covering the statutes and Rules and Regulations of the Medical Board, the
		  Arkansas Medical Practices Act, the Physician Assistant Act, and the laws and
		  rules governing the writing of prescriptions for legend drugs and scheduled
		  medication;
k. The submission and
		  approval by the Board of a protocol delineating the scope of practice that the
		  physician assistant will engage in, the program of evaluation and supervision
		  by the supervising physician;
l.
		  The receipt and approval by the Arkansas State Medical Board of the supervising
		  physician for the physician assistant on such forms as issued by the Arkansas
		  State Medical Board.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.05-004 - Rule 28 - Educational License to Practice Medicine in the state of Arkansas

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to Act 497 of the 85th
			 General Assembly of the Regular Session of 2005, the Arkansas State Medical
			 Board is empowered to issue an educational license to applicants who meet the
			 following requirements:
(1) Be of 21
		  years of age
(2) Be of good moral
		  character
(3) Submit a completed
		  application to the Board
(4) Submit
		  a $400.00 application fee and a $100.00 licensure processing fee
(5) Appear personally before the Arkansas
		  State Medical Board, together with the sponsoring physician from the University
		  of Arkansas for Medical Sciences Department where the applicant will be
		  practicing medicine.
(6) Present to
		  the Board such information as to what department of the University of Arkansas
		  for Medical Sciences he will be practicing medicine and who will be his
		  supervisor.
(7) Said educational
		  license will authorize the licensee to practice medicine only within the
		  clinical and educational programs established and administered by the
		  University of Arkansas for Medical Sciences.
(8) Said educational license will be valid
		  for a period of one (1) year from the date of issuance.
The educational license issued to a licensee will lapse at the
			 end of one year and must be re-applied for by the licensee under the following
			 conditions:
(1) Submit a completed
		  application to the Arkansas State Medical Board providing such information as
		  the Board requests.
(2) Pay a
		  renewal fee of $200.00.
(3) Appear
		  in person before the Board, together with the Chairman of the clinical or
		  educational program wherein the applicant will be practicing medicine at the
		  University of Arkansas for Medical Sciences.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.05-005 - Amendment to Regulation 10, Section 3.5 and 4 - Renewal Fee for License of Repiratory Therapist

Current through Register Vol. 49, No. 6, June, 2024
3.5
		  RENEWAL. A license or re-registration fee of $30.00 shall be paid to the Board
		  by each respiratory care practitioner who holds a license to practice
		  respiratory care in the state of Arkansas. Registration fee shall paid by the
		  last day of the birth month. The licence of any person failing to re-register
		  and pay said fee by the last day of the birth month shall expire automatically.
4 FEES. The fees are as follows:
Initial application for licensure by examination or by
			 reciprocity: $75.00
An applicant whose application is rejected shall be refunded all
			 but $25.00 of the paid application fee.
Application for temporary permit: $35.00
Annual renewal: $30.00
Reinstatement: all delinquent fees plus a penalty of $10.00 per
			 year for all years delinquent.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.05-006 - Amendment to Regulation 6, Section 3 - Renewal Fee for License of Occupational Therapists

Current through Register Vol. 49, No. 6, June, 2024
Amendment to the Amendment to Regulation 6, Section 5, Governing
			 Occupational Therapists
SECTION 5.
		  FEES. The fees are as follows:
OT
OTA
A. Application Fee
$25.00
$25.00
B. Full License Fee
$50.00
$25.00
C. Temporary Permit Fee
$25.00
$25.00
D. Reinstatement Fee
$50.00
$50.00
All delinquent fees plus $25.00 late fee per year for
						each year for each year delinquent up to five (5) years.
E. Annual Renewal Fee
$55.00
$55.00
F. Renewal Late Fee
$25.00
$25.00
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.07-001 - Regulation 18: Fees for out of state tele-medicine physicians to the CCVS (Centralized Credentials Verification System)

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to Ark Code Ann. §
							17-95-107(d)(7)
			 provides that the Board may charge credentialing organizations a reasonable fee
			 for the use of credentialing services as established by rule and
			 regulation.
Credentialing Organizations will be charged the following fee for
			 requests for physician information:
A. One time entity setup fee:
$250.00
B. Annual administrative renewal fee:
$ 50.00
C. Fees for individual information requests:
Initial Credentialing Information
$ 60.00
Recredentialing Information
$40.00
Recredentialing Information
(Out of birth month cycle)
Effective January 1,
						2003
$60.00
Credentialing or Recredentialing Information Concerning
						out of state physicians requiring a license pursuant to ACA §
											17-95-206
$225.00
"Expedited Service" Credentialing Information
						(Information requested in five (5) business days or less)
$250.00
Effective January 1, 2002
History
: Adopted June 6, 1996; Amended December 6,
			 2001
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.07-002 - Radiologist Assistant (RA) or Radiology Practitioner Assistant (RPA) Regulation

Current through Register Vol. 49, No. 6, June, 2024
I.
		  DEFINITIONS
A.
Licensed
		  Practitioner
means a person licensed to practice medicine,
		  dentistry, podiatry, chiropractic, osteopathic, or optometry in the State of
		  Arkansas;
B.
Radiation
		  Practitioner
means a licensed practitioner who has completed a
		  residency in radiology, nuclear medicine, or radiation oncology, AND is
		  certified by the American Board of Radiology, the American Osteopathic Board of
		  Radiology, or the American Board of Nuclear Medicine or its
		  equivalent;
C.
Radiologist Assistant (RA) or Radiology Practitioner Assistant
		  (RPA)
a person other than a licensed practitioner, who has
		  specific qualifications, education, certification and responsibilities as
		  recognized by the Arkansas State Medical Board and who has been issued a
		  license to perform certain functions under the supervision of Licensed
		  Radiation Practitioner;
D.
Supervising Radiation Practitioner
means a radiation
		  practitioner using the services of RA or RPA and is responsible for the
		  professional activities and services of the RA or RPA under these Rules and
		  Regulations;
E.
Alternate Supervising Radiologist
means a radiation
		  practitioner other than the supervising radiologist who is responsible for the
		  supervision of RA or RPA for specific procedures in accordance with all Rules
		  and Regulations applicable to the supervising radiation practitioner;
F.
Personal
		  Supervision
means the supervising and/or alternate supervising
		  radiation practitioner must be in attendance in the room with the RA or RPA
		  during the performance of the procedure or task;
G.
Direct
		  Supervision
means the supervising and/or alternate supervising
		  radiation practitioner and/or radiologist must be present in the facility and
		  immediately available to furnish assistance and direction to the RA or RPA
		  during the performance of the procedure or task. The radiation practitioner is
		  not required to be present in the room during the performance of the procedure
		  or task;
H.
General
		  Supervision
means the procedure is furnished under the supervising
		  and/or alternate supervising radiation practitioner's overall direction and
		  control, but the practitioner is not required to be in the same room or
		  facility with the RA or RPA during the performance of the procedure or
		  task.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.08-003 - Regulation 2.6 - Record Keeping and Monitoring for Physicians who Prescribe Schedule Medication

Current through Register Vol. 49, No. 6, June, 2024
AMENDED REGULATION 2.6
The treatment of pain with dangerous drugs and controlled
			 substances is a legitimate medical purpose when done in the usual course of
			 medical practice. If the provisions as set out below in this Resolution are
			 met, and if all drug treatment is properly documented, the Board will consider
			 such practices as prescribing in a therapeutic manner, and prescribing medicine
			 in a manner consistent with public health and welfare.
However, a physician who prescribes *narcotic agents Schedule 2,
			 3,4, and 5, excluding Schedule 4 Propoxyphene products and Ultram or Tramadol;
			 and to include the schedule drugs Talwin, Stadol, and Nubain on a long term
			 basis (more than six (6) months) for a patient with pain not associated with
			 malignant or terminal illness will be considered exhibiting gross negligence or
			 ignorant malpractice unless he or she has complied with the following:
a. The physician will keep accurate records
		  to include the medical history, physical examination, other evaluations and
		  consultations, treatment plan objective, informed consent noted in the patient
		  record, treatment, medications given, agreements with the patient and periodic
		  reviews.
b. The physician will
		  periodically review the course of schedule drug treatment of the patient and
		  any new information about etiology of the pain. If the patient has not
		  improved, the physician should assess the appropriateness of continued
		  prescribmg of scheduled medications or dangerous drugs, or trial of other
		  modalities.
c. The physician will
		  obtain written informed consent from those patients he or she is concerned may
		  abuse controlled substances and discuss the risks and benefits of the use of
		  controlled substances with the patient, his or her guardian, or authorized
		  representatives.
d. The physician
		  will be licensed appropriately in Arkansas and have a valid controlled
		  substance registration and comply with the Federal and State regulations for
		  the issuing of controlled substances and prescriptions, more especially the
		  regulations as set forth in 21 Code of Federal Regulations Section 1300, et
		  sequence.
* As defined in 21 Code of Federal Regulation
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.08-004 - Regulation 24 - Governing Physician Assistants

Current through Register Vol. 49, No. 6, June, 2024
1. A physician assistant must possess a
		  license issued by the Arkansas State Medical Board prior to engaging in such
		  occupation,
2. To obtain a license
		  from the Arkansas State Medical Board the physician assistant must do the
		  following:
a.. Answer all questions to
		  include the providing of all documentation requested on an application form as
		  provided by the Arkansas State Medical Board;
b. Pay the required fee for licensure as
		  delineated elsewhere in this regulation;
c. Provide proof of successful completion of
		  Physician Assistant National Certifying Examination, as administered by the
		  National Commission on Certification of Physician Assistants;
d. Certify and provide such documentation, as
		  the Arkansas State Medical Board should require that the applicant is mentally
		  and physically able to engage safely in the role as a physician
		  assistant;
e. Certify that the
		  applicant is not under any current discipline, revocation, suspension or
		  probation or investigation from any other licensing board;
f. Provide letters of recommendation as to
		  good moral character and quality of practice history;
g. The applicant should be at least 21 years
		  of age;
h. Show proof of graduation
		  with a Bachelor's Degree from an accredited college or university or prior
		  service as a military corpsman;
i.
		  Provide proof of graduation of a physician assistant education program
		  recognized by the Committee on Allied Health Education and Accreditation or the
		  Commission on Accreditation of Allied Health Education Programs.
j. Show successful completion of the
		  Jurisprudence examination as administered by the Arkansas State Medical Board
		  covering the statutes and Rules and Regulations of the Medical Board, the
		  Arkansas Medical Practices Act, the Physician Assistant Act, and the laws and
		  rules governing the writing of prescriptions for legend drugs and scheduled
		  medication;
k. The submission and
		  approval by the Board of a protocol delineating the scope of practice that the
		  physician assistant will engage in, the program of evaluation and supervision
		  by the supervising physician;..
l.
		  The receipt and approval by the Arkansas State Medical Board of the supervising
		  physician for the physician assistant on such forms as issued by the Arkansas
		  State Medical Board;
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.08-005 - Regulation 3 - Licensure Requirements for Graduates of Foreign medical Schools

Current through Register Vol. 49, No. 6, June, 2024
Unrestricted license may now be applied for by graduates of
			 foreign medical schools provided they can comply with the following
			 requirements and meet the approval of the Board of Medical Examiners:
1. Be twenty-one years of age.
2. Be of good moral character.
3. Demonstrate in personal interview the
		  ability to read, write, and speak English fluently; and also demonstrate
		  adequate training and ability sufficient to permit the practice of medicine in
		  accordance with accepted medical practice in the State of Arkansas.
4. Present documented evidence that he or she
		  served three years as an intern or resident in an accredited post-graduate
		  medical education program in the United States; or, completed one year as an
		  intern or resident in an accredited post-graduate medical program in the United
		  States and be currently enrolled in an accredited post-graduate medical program
		  in Arkansas.
5. Provide
		  indisputable identification.
6.
		  Present a Standard ECFMG Certificate.
7. ACA §
							17-95-403(b)(3)
		  iii(a) provides that an Applicant for licensure must submit to the Board that
		  he is a graduate of "a foreign medical school whose entrance requirements and
		  course of instruction have been approved by the Board." The Arkansas State
		  Medical Board will, by June 15th of each year
		  provide to the public a list of medical schools which will be considered as
		  "disapproved," that is medical schools that the Board deems is unacceptable
		  and, thus, students graduating from those schools will not be considered for
		  licensure by the Arkansas State Medical Board. Inclusion on the list of
		  "disapproved medical schools" will be made by a majority vote of the Board.
		  Criteria for inclusion on the list of "disapproved medical schools" will be
		  based on but not limited to the following:
a.
		  Information compiled by the staff of the Arkansas State Medical Board
		  concerning the foreign medical school, its curriculum and facilities.
b. Information compiled by other medical
		  boards of the various states based on site visits to the foreign medical
		  school.
c. Information from at
		  least two (2) sister State Medical Licensure Boards that reflects that a
		  Foreign Medical School has not been approved or recognized as a medical school
		  needed for licensure of physicians or for other requirements of that
		  Board.
d. Those foreign medical
		  schools whose curriculum and primary requirements are Internet based and/or
		  distance learning, shall further be considered as disapproved.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.09-001 - Regulation 32 - Ethical Violations for Physicians

Current through Register Vol. 49, No. 6, June, 2024
Pursuant to Act 1178 of the 87th
			 General Assembly, the Arkansas State Medical Board determines that the
			 following conduct is an ethical violation:
A.
		   A licensed physician engaging in sexual contact, sexual relations
		  or a romantic relationship with a patient concurrent with the physician-patient
		  relationship; or a licensed physician engaging in the same conduct with a
		  former patient, if the physician uses or exploits trust, knowledge, emotions or
		  influence derived from the previous professional relationship. A patient's
		  consent to, initiation of, or participation in the sexual relationship or
		  conduct with the physician does not change the nature of the conduct nor the
		  prohibition.
B. A licensed
		  physician reveals or discloses confidential communications or information
		  concerning a patient without the consent of the patient unless said disclosure
		  is authorized or required by law or by the need to protect the individual
		  patient or the public interest.
C.
		  A licensed physician fails to disclose to a patient that the physician has an
		  ownership interest in a facility or service to which the physician refers the
		  patient that is outside of the physician's own practice.
D. A licensed physician utilizing words or
		  acts which sexually harass co-workers or employees or patients within the
		  clinic or hospital setting.
E. A
		  licensed physician grossly over-utilizing or ordering or performing tests or
		  procedures on a patient, when that may result in harm to the patient.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.09-002 - Regulation 31 - Involving Physician Delegation of Medical Tasks

Current through Register Vol. 49, No. 6, June, 2024
PHYSICIAN DELEGATION REGULATION
Act 472 of the General Assembly of the State of Arkansas, as of
			 the year 2009, authorized Physicians to delegate the performance of certain
			 medical practices or tasks to qualified and properly trained employees
			 (commonly referred to as medical assistants), who are not licensed or otherwise
			 specifically authorized by Arkansas law to perform the practice or task. This
			 Regulation will set forth standards to be met and the procedures to be followed
			 by the Physician when delegating to employees.
Definitions for Purposes of this Regulation:
1.. "Physician" means an individual licensed
		  by the Arkansas State Medical Board to practice medicine. In the State of
		  Arkansas.
2. "Medical Practice"
		  means those tasks or functions that are delegated to a qualified and properly
		  trained employee, including the administration of drugs, pursuant to Act 472 of
		  2009 and this Regulation.
3.
		  "Delegate" means to authorize a qualified and properly trained employee to
		  perform a medical practice that does not conflict with a provision of the
		  Arkansas Code that specifically authorizes an individual to perform a
		  particular practice.
4.
		  "Supervision" means the act by a Physician in directing and overseeing an
		  employee who performs a delegated medical practice.
5. "Medical Assistant" means an employee of a
		  Physician who has been delegated medical practices or tasks, and who has not
		  been licensed by or specifically authorized to . perform the practice or task
		  pursuant to other provisions of Arkansas law.
Section 1. General Provisions
A. The delegating Physician remains
		  responsible for the acts of the employee performing the delegated medical
		  practice;
B. The employee
		  performing the delegated medical practice shall not be represented to the
		  public as a licensed physician) licensed nurse, licensed physician's assistant,
		  or other licensed healthcare provider; and
C. Medical practices delegated pursuant to
		  this statute and regulation shall be performed under the physician's
		  supervision.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.10-002 - Regulation 33: Notification by Physicians of their Change of Practice Location

Current through Register Vol. 49, No. 6, June, 2024
In order to avoid defrauding, misrepresenting or deceiving the
			 public or the Board, a Licensee will inform the Arkansas State Medical Board
			 within 30 days of his or her terminating, retiring from, or relocating his or
			 her practice setting. The Licensee will inform the Board of his or her new
			 location and address and of his or her practice setting if applicable. The
			 Licensee will further inform the Board of where the patient records are stored,
			 who is the custodian of those records and how the patient or other individuals
			 may obtain the records.
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.10-003 - Regulation 14 - Examinations

Current through Register Vol. 49, No. 6, June, 2024
WHEREAS the Medical Practices Act; more specifically Arkansas
			 Code Annotated Sec.
			 17-93-403(a)(2)
			 and Arkansas Code Annotated Sec.
			 17-93-404,
			 sets forth that anyone desiring a license to practice medicine in the State of
			 Arkansas must successfully pass an examination as approved by the Board.
WHEREAS the Arkansas State Medical Board is charged with
			 selecting said examinations. WHEREFORE the Arkansas State Medical Board
			 designates the following examinations as appropriate examinations for
			 licensure:
1. Those individuals
		  desiring a license to practice medicine and having graduated from an American
		  or Canadian medical school must show proof of satisfactory completion of one of
		  the following exams:
(a) Federation Licensing
		  Examination
(b) The National Board
		  of Medical Exam
(c) The United
		  States Medical Licensing Exam
(d)
		  Le Medical Counsel of Canada Exam
(e) Examinations developed by the National
		  Board of Osteopathic Medical Examiners
Arkansas Administrative Code › Agency 060 - STATE MEDICAL BOARD › Rule 060.00.11-001 - Regulation 7 - Governing the Prescribing of Amphetamines

Current through Register Vol. 49, No. 6, June, 2024
Substituted Regulation
ARKANSAS STATE MEDICAL BOARD SUBSTITUTED REGULATION
			 7
GOVERNING THE USE OF STIMULANTS
Schedule II controlled substances are drugs that have a
			 legitimate medical indication, but also have a high potential for abuse that
			 may lead to severe psychological or physical dependence. Included in the list
			 of Schedule II drugs are the stimulants: amphetamines and methamphetamines and
			 their salts and optical isomers (e.g. Adderall, Desoxyn, Dexedrine and Vyvanse)
			 and methylphenidate and its salts and isomers (e.g. Ritalin, Concerta, Focalin
			 and Daytrana).
The ASMB believes it is prudent to provide prescribing guidelines
			 to help ensure the safety of patients in the state of Arkansas. Therefore, in
			 addition to the requirement that all prescriptions for stimulants comply with
			 both state and federal laws, this regulation will also require the
			 following:
1. Prescriptions for these
		  drugs may be written by a physician for a legitimate medical indication. Such
		  indications include Attention Deficit Hyperactivity Disorder and Narcolepsy.
		  Other off label uses may be justified with appropriate medical rationale and
		  documentation of evidence-based research and experience. These alternative uses
		  include, but are not limited to other sleep disorders, augmentation of
		  antidepressants or treatment of post -stroke depression.
2. No second or subsequent prescription for
		  these controlled drugs may be written for the patient until the physician
		  reassesses the patient and documents in the medical record:
a. the patient's response to the
		  medication
b. Reports from family,
		  educators or counselors as to the patient's response to the
		  medication
c. Record of an
		  examination of the patient to identify possible adverse effects secondary to
		  the medication
d. An informed
		  judgment as to the overall benefit of the medication versus potential adverse
		  or side effects
e. a written plan
		  for providing scheduled refills and return visits.
Violations of this regulation may be interpreted by the Board as
			 the physician exhibiting gross negligence or ignorant malpractice and shall
			 subject the physician to all penalties provided by Arkansas Code Ann.§
									17-95-410.
History: Adopted April 23, 1979; Amended April 18, 1986; Amended
			 June 14, 2001.