Arkansas Administrative Code

17 CAR § 124-107. Exclusions. This part shall not be construed to apply to: (1) The gratuitous nursing care of the sick by family or friends; (2) The furnishing of nursing care where treatment is by prayer or spiritual means alone; (3) Acts done by persons licensed by any board o…

17 CAR § 124-108. Consumer directed care. (a) Health maintenance activities that are routinely performed by the family in the home setting may be provided by a designated care aide for a: (1) Competent adult at the direction of the adult; or (2) Minor child or incompetent adult a…

17 CAR § 125-101. Prelicensure nursing programs generally. (a) This part presents the standards established by the Arkansas State Board of Nursing for nursing education programs that offer courses and learning experiences preparing graduates who are: (1) Competent to practice nur…

17 CAR § 125-102. New program leading to licensure. (a) Institution requirement. (1) The parent institution, located in an Arkansas jurisdiction, seeking to establish a new master’s, baccalaureate, diploma, associate degree, or practical nursing program shall meet the following r…

17 CAR § 125-103. Established program that prepares graduates for practical and registered nursing licensure. (a) Continued full approval. (1)(A) A survey shall be periodically conducted to review the program for continued compliance with the standards. (B) An on-site or paper su…

17 CAR § 125-201. Administration and organization. (a) Institutional accreditation. The parent institution shall be approved by the appropriate state body. (b) Institutional organization. (1) The parent institution shall be a: (A) Post-secondary educational institution; (B) Hospi…

17 CAR § 125-202. Philosophy and graduate competencies. (a) The philosophy of the program shall be in writing and consistent with the mission of the parent institution. (b) Graduate competencies shall be derived from the program’s philosophy. (c) The philosophy and graduate compe…

17 CAR § 125-204. Facilities. (a) Classrooms and laboratories. (1) Each program and satellite campus shall have a clinical skills laboratory equipped with necessary educational resources. (2) Classrooms and laboratories shall be: (A) Available at the scheduled time; (B) Adequate …

17 CAR § 125-205. Personnel. (a) Program director. (1) The program director shall: (A) Have a current unencumbered registered nurse license to practice in Arkansas; and (B) Be employed full time. (2)(A) The practical nursing program director shall have a minimum of a baccalaureat…

17 CAR § 125-206. Preceptors. (a) Preceptor utilization. (1)(A) Preceptors shall not be considered in clinical faculty–student ratio. (B) The ratio of preceptor to student shall not exceed 1:2. (2) There shall be written policies for the use of preceptors that include: (A) Commun…

17 CAR § 125-207. Students. (a) Admissions, readmissions, and transfers. (1) There shall be written policies for admission, readmission, transfer, and advanced placement of students. (2)(A) Admission criteria shall reflect consideration of potential to complete the program and me…

17 CAR § 125-208. Student publications. (a) Publications shall be: (1) Current; (2) Dated; and (3) Internally consistent with parent institution and program materials. (b) The following minimum information shall be available in writing for prospective and current students: (1) Ap…

17 CAR § 125-209. Educational program. (a)(1) The education program shall include curriculum and learning experiences essential for the expected entry level and scope of practice. (2) Curriculum development shall be the responsibility of the nursing faculty. (3) Curriculum plan s…

17 CAR § 125-210. Earn to Learn Program. A registered nurse or practical nurse program may allow a student seeking initial licensure to earn direct patient care clinical credit hours while working in a healthcare facility as a certified nursing assistant, patient care technician,…

17 CAR § 125-211. Program evaluation. (a) Faculty shall be responsible for program evaluation. (b) A systematic evaluation plan of all program aspects shall be in writing, implemented, and include: (1) Philosophy and graduate competencies; (2) Curriculum; (3) Policies; (4) Resour…

17 CAR § 125-212. Records. (a) Transcripts of all students enrolled in the program shall be maintained according to policies of the parent institution. (b) Transcripts shall reflect courses taken. (c) The final transcript shall include: (1) Dates of admission; (2) Date of separat…

17 CAR § 125-301. Reports. (a) Annual report. An annual report shall be submitted in a format and date determined by the Arkansas State Board of Nursing. (b) Special reports/requests. The board shall be notified in writing of major changes affecting the program, including, but no…

17 CAR § 125-302. Licensure examination performance. (a) The student pass rate on the licensure examination shall be calculated on the Arkansas State Board of Nursing fiscal year. (b) The program shall maintain a minimum pass rate of seventy-five percent (75%) for first-time exam…

17 CAR § 125-303. Program closure. (a) Voluntary. (1)(A) The parent institution shall submit a letter of intent for closure at least six (6) months prior to the closure. (B) The letter shall include: (i) Date of closure; and (ii) Plan for completion of currently enrolled students…

17 CAR § 126-101. Arkansas Administrative Procedure Act. Rules, rulemaking, notice of hearing, hearings, judicial review, declaratory orders, adjudications, and other procedures authorized by the Arkansas Nurse Practice Act are governed by the Arkansas Administrative Procedure Ac…

17 CAR § 126-102. Disciplinary proceedings — Definitions. As used in this part: (1) "Fraud or deceit" shall include but not be limited to: (A) False representation of facts on an application for licensure by examination or licensure by endorsement without examination or on applic…

17 CAR § 126-201. Grounds for discipline. (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 wi…

17 CAR § 126-202. Proceedings. Proceedings shall be as follows: (1) Opportunity for licensee or applicant to have hearing. (A) Except as provided in subdivision (2) of this section, every licensee or applicant for a license shall be afforded notice and an opportunity to be heard …

17 CAR § 126-203. Civil penalties. (a) The Arkansas State Board of Nursing may, after providing notice and a hearing, levy civil penalties in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals or entities found to be in violation of…

17 CAR § 126-204. Encumbrance or suspension of Drug Enforcement Administration registration. The APRN shall submit his or her Drug Enforcement Administration registration to the Arkansas State Board of Nursing upon request following the disciplinary hearing in which the registrat…

17 CAR § 126-205. Method of serving notice of hearing. (a) Any notice required by 17 CAR § 126-202(3) may be served either: (1) Personally or by an officer authorized by law to serve process; or (2) By registered mail or certified mail with return receipt requested, directed to t…

17 CAR § 126-206. Venue of hearing. Arkansas State Board of Nursing hearings held under the provisions of this part shall be conducted: (1) At the board office; or (2) Elsewhere in Pulaski County.

17 CAR § 126-207. Public hearings. (a) Use of hearing office. All hearings under this subpart shall be open to the public. (b) At all such hearings at least a quorum of the Arkansas State Board of Nursing shall be present to hear and determine the matter.

17 CAR § 126-208. Rights of persons entitled to hearing. A person entitled to be heard pursuant to this subpart shall have the right to: (1) Be represented by counsel; (2) Present all relevant evidence by means of: (A) Witnesses; (B) Books; (C) Papers; and (D) Documents; (3) Exam…

17 CAR § 126-209. Powers of the board in connection with hearing. In connection with any hearing held pursuant to the provisions of this subpart, the Arkansas State Board of Nursing or its hearing officer shall have power to: (1) Have counsel to develop the case; (2) Administer o…

17 CAR § 126-210. Rules of evidence. (a) In proceedings held pursuant to this part, the Arkansas State Board of Nursing may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent men in the conduct of serious affair…

17 CAR § 126-211. Fees — Witnesses. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a circuit court.

17 CAR § 126-212. Manner and time of rendering decision. (a) After a hearing has been completed, the members of the Arkansas State Board of Nursing shall: (1) Proceed to consider the case; and (2) As soon as practicable, render their decision. (b) If the hearing was conducted by …

17 CAR § 126-213. Service of written decision. (a) Within a reasonable time after the decision is rendered, the Arkansas State Board of Nursing shall serve upon the person whose license is involved a written copy of the decision, either personally or by registered mail, to the la…

17 CAR § 126-214. Procedure where person fails to request or appear for hearing — Reopening hearing. (a)(1) If a person duly notified fails to appear for a disciplinary hearing and no continuance has been granted, the Arkansas State Board of Nursing or its hearing officer shall h…

17 CAR § 126-215. Contents of decision. The decision of the Arkansas State Board of Nursing shall contain: (1) Findings of fact made by the board; (2) Conclusions of law reached by the board; (3) The order of the board based upon these findings of fact and conclusions of law; and…

17 CAR § 126-301. Civil action. The Arkansas State Board of Nursing may institute such civil suits or other legal proceedings as may be required for enforcement of any provisions of Arkansas Code §§ 17-87-101 – 17-87-711 (Nurse Practice Act), as amended, and related acts.

17 CAR § 126-302. Criminal action. If the Arkansas State Board of Nursing has reason to believe that any person has violated any provisions of the Nurse Practice Act, as amended, or related acts for which criminal prosecution would be in order, it shall so inform the prosecuting …

17 CAR § 127-101. Definitions. As used in this part: (1) “Designated facility” means any Arkansas State Board of Nursing-approved facility to include a nursing home or a facility operated as a local correctional facility as defined by Arkansas Code § 12-41-107; (2) “Initial medic…

17 CAR § 127-102. Qualifications. Qualifications: (1) In order to be certified as a medication assistant-certified, an applicant shall submit to the Arkansas State Board of Nursing written evidence, verified by oath, that the applicant: (A) Is currently listed in good standing on…

17 CAR § 127-103. Examination. (a) Eligibility. The applicant shall meet the certification requirements of the Arkansas State Board of Nursing. (b) Application. (1) Applications for examination shall be completed and filed with the board prior to the examination. (2) Verification…

17 CAR § 127-104. MA-C identification. (a)(1) Any person who holds an MA-C certification in this state shall use the legal title or abbreviation as set forth in Arkansas Code § 17-87-101 et seq. (2) No other person shall assume any other name, title, or abbreviation or any words,…

17 CAR § 127-105. Scope of work. (a)(1) An MA-C may perform the delegated function of medication administration and related tasks under the supervision of a licensed nurse. (2) An MA-C shall not administer any medication that requires nursing assessment or judgment prior to admin…

17 CAR § 127-106. Supervision. A licensed nurse shall not supervise more than two (2) medication assistant-certified persons during a shift.

17 CAR § 127-107. Designated facilities utilizing MA-C. (a) Designated facilities utilizing MA-C persons shall notify the Arkansas State Board of Nursing on forms supplied by the board. (b) The notification shall be signed by the: (1) Facility administrator; and (2) Director of n…

17 CAR § 127-108. Certification/verification to another jurisdiction generally. Upon payment of a certification/verification fee, an MA-C seeking certification in another jurisdiction may have a certified statement of Arkansas certification issued to the appropriate entity in tha…

17 CAR § 127-109. Name or address change. (a) An MA-C whose name is legally changed shall submit: (1) A name change request; (2) A copy of the marriage license or court action; and (3) The required fee. (b) An MA-C shall immediately notify the Arkansas State Board of Nursing in w…

17 CAR § 127-110. Renewals. (a)(1) Each person certified under the provisions of Arkansas Code § 17-87-701 et seq., shall renew certification biennially. (2) Thirty (30) days prior to the expiration date, the Arkansas State Board of Nursing shall mail a renewal notification to th…

17 CAR § 127-111. Continuing education. (a) Each person holding an active certificate or applying for reactivation of a certificate under the provisions as stated in this part shall be required to complete certain continuing education requirements prior to certification renewal o…

17 CAR § 127-112. Endorsement. (a) The Arkansas State Board of Nursing may issue certification as an MA-C by endorsement to an applicant who has been licensed or certified as an MA-C under the laws of another state or territory, regardless of title, if: (1) In the opinion of the …