Title 17, Professions, Occupations, and Businesses

(a) The State of Arkansas hereby elects the early options in the provision provided in the Health Care Quality Improvement Act of 1986, for all healthcare entities subject to that act. (b) This section and powers granted shall be liberally and broadly construed so as to effectuat…

(a) The Arkansas State Medical Board, the Arkansas State Board of Dental Examiners, the Arkansas State Board of Nursing, the Arkansas Board of Animal Health, the Arkansas Board of Podiatric Medicine, the State Board of Optometry, and the Arkansas State Board of Physical Therapy a…

For the purposes of the “Good Samaritan” law, § 17-95-101, and any other law of this state which takes effect on or after January 1, 1994, the term “physician” means a person licensed by the Arkansas State Medical Board, the Arkansas State Board of Chiropractic Examiners, or the …

(a) Any assistance rendered with any execution carried out pursuant to § 5-4-617 by any licensed healthcare professional, including, but not limited to, physicians, nurses, and pharmacists, shall not be cause for any disciplinary or corrective measures by any board or commission …

(1) As used in this section and §§ 17-80-110 — 17-80-113:(1) “Healing arts” means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease; and(2) “Healthcare servi…

In any written document or electronically transmitted document in connection with the provision of a healthcare service, no person shall use the title “Doctor”, unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance w…

No person shall advertise or allow oneself to be advertised by the title “Doctor” in association with the practice of one (1) of the healing arts, except in the practice of one (1) of the healthcare professions regulated under § 17-1-101 et seq., in which case that person shall u…

In connection with the provision of healthcare services, no person shall call oneself or allow oneself to be called by the title “Doctor”, except in the practice of one (1) of the healthcare professions regulated under § 17-1-101 et seq., in which case the person shall use the ti…

This section and §§ 17-80-109 — 17-80-112 shall not be construed to authorize any person to use the title “Doctor”, unless that title is authorized under § 17-1-101 et seq., in which case that person shall use the title in accordance with the statutes and rules governing the part…

(a) As used in this section, “healing arts” means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease. (b) A board of the healing arts shall not take disciplin…

(a) Except as provided in subsection (b) of this section, no person shall implant jewelry into the mucous membrane of the eye of another person. (b) The Arkansas State Medical Board may authorize and regulate the practice of implanting jewelry into the mucous membrane of an eye.

(a) Any healthcare professional with prescriptive authority may request information on a person through the Arkansas Crime Information Center before writing or issuing a prescription to the person for a drug to treat erectile dysfunction. (b) (1) A healthcare professional is not …

(a) As used in this section:(1) “Disciplinary action” means an action taken by a required reporter to terminate:(A) The employment of a healthcare professional;(B) A contractual arrangement with a healthcare professional; or(C) The clinical privileges of a healthcare professional…

(a) Upon application to a medical education program or school, the applicant shall undergo a state and federal criminal background check. (b) The student shall be responsible for payment for a state and federal criminal background check. (c) A medical program or school shall esta…

(a) When a provision of law or rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, the requirement may be fulfilled by an advanced practice registered nurse or a physician assistant in any of the following circumstances:(1) Cer…

(a) A state agency, board, or commission authorized to issue a license to a medical professional under the laws of this state shall institute disciplinary action against a licensed medical professional over whom the state agency, board, or commission has jurisdiction and who is c…

State law shall not require, or be construed to require, a healthcare professional to perform a gender transition procedure.

This subchapter shall be known as the “Impaired Physician and Dentist Treatment Act”.

The purpose of this subchapter is to provide for the identification and treatment of physicians and dentists licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who suffer from impairment, in order to promote the p…

(1) As used in this subchapter:(1) “Board” means the Arkansas State Medical Board with reference to physicians and the Arkansas State Board of Dental Examiners with reference to dentists;(2) “Dentists' health committee” means a dentist committee of the Arkansas State Dental Assoc…

(1) The Arkansas Medical Society, Inc., shall have the authority to establish a physicians' health committee and the Arkansas State Dental Association shall have the authority to establish a dentists' health committee to undertake the functions and responsibilities to carry out t…

(1) The physicians' health committee and the dentists' health committee shall develop procedures for:(1) Immediate reporting to the appropriate board of the names and results of any contact or investigation regarding any impaired physician or impaired dentist who is believed to c…

(a) If the Arkansas State Medical Board has reason to believe that a physician is impaired or if the Arkansas State Board of Dental Examiners has reason to believe that a dentist is impaired, either board may cause an evaluation of the physician or dentist to be conducted by the …

(a) (1) An impaired physician or an impaired dentist may request in writing to the appropriate board for a restriction of his or her license to practice.(2) The board may grant such a request for restriction and shall have authority to attach conditions to the licensure of the ph…

(a) (1) Notwithstanding any provision of state law, records of the physicians' health committee pertaining to an impaired physician and all records of the dentists' health committee pertaining to an impaired dentist shall be kept confidential and are not subject to discovery or s…

An impaired physician who is participating in or has successfully completed a treatment program pursuant to this subchapter shall not be excluded from any hospital staff solely because of such participation.

(a) Notwithstanding any other provisions of law, the Arkansas Medical Society, Inc., the Arkansas Osteopathic Medical Association, the physicians' health committee and members thereof, the Arkansas State Dental Association, and the dentists' health committee and members thereof s…

This subchapter shall be known and may be cited as the “Telemedicine Act”.

(1) As used in this subchapter:(1) “Distant site” means the location of the healthcare professional delivering services through telemedicine at the time the services are provided;(2) “Healthcare professional” means a person who is licensed, certified, or otherwise authorized by t…

(a) (1) A healthcare professional at a distant site shall not utilize telemedicine with respect to a patient located in Arkansas unless a professional relationship exists between the healthcare professional and the patient or the healthcare professional otherwise meets the requir…

(a) (1) A professional relationship shall be established in compliance with § 17-80-403 to provide healthcare services through telemedicine.(2) Once a professional relationship is established, a healthcare professional may provide healthcare services through telemedicine, includi…

(a) If a decision is made to provide healthcare services through telemedicine, the healthcare professional accepts responsibility and liability for the care of the patient. (b) Noncompliance with this subchapter is a violation of the practice act of the healthcare professional.

State licensing and certification boards for a healthcare professional shall amend their rules where necessary to comply with this subchapter.

(1) This subchapter does not:(1) Alter existing state law or rules governing a healthcare professional's scope of practice; or(2) Authorize drug-induced, chemical, or surgical abortions performed through telemedicine. (1) Alter existing state law or rules governing a healthcare p…

This subchapter shall be known and may be cited as the “Medical Ethics and Diversity Act”.

(a) The General Assembly finds that:(1) The right of conscience is a fundamental and unalienable right;(2) The right of conscience was central to the founding of the United States, has been deeply rooted in the history and tradition of the United States for centuries, and has bee…

(1) As used in this subchapter:(1) (A) “Conscience” means the religious, moral, or ethical beliefs or principles of a medical practitioner, healthcare institution, or healthcare payer.(B) “Conscience” of an institutional entity or corporate body may be determined by reference to …

(a) A medical practitioner, healthcare institution, or healthcare payer:(1) Has the right not to participate in a healthcare service that violates his, her, or its conscience;(2) Is not required to participate in a healthcare service that violates his, her, or its conscience;(3) …

(a) (1) A civil action for damages or injunctive relief, or both, may be brought by a medical practitioner, healthcare institution, or healthcare payer for a violation of this subchapter.(2) A claim that the violation of this subchapter was necessary to prevent an additional burd…

This subchapter is supplemental to existing protections of the right of conscience within the Arkansas Code and does not affect the existing laws within the state concerning protection of the right of conscience.

(a) A healthcare provider shall not be discriminated against because the healthcare provider:(1) Provided, caused to be provided, or is about to provide or cause to be provided information relating to any act or omission the healthcare provider reasonably believes to be a violati…

(a) (1) A state licensing, certifying, or recognizing board or entity, or the Department of Health, shall not reprimand, sanction, revoke, or threaten to revoke a license, certification, or registration of, or otherwise discriminate against, a medical practitioner for engaging in…