Title 17 — Professions, Occupations, and Businesses
83 chapters · 2,038 sections in this title.
Ark. Code Ann. § 17-89-101 Short title
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This chapter shall be known and cited as the “Ophthalmic Dispensing Act”.
Ark. Code Ann. § 17-89-102 Definitions
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(1) As used in this chapter:(1) “Apprentice dispensing optician” means an individual registered with the Arkansas Board of Dispensing Opticians to work under the supervision of a licensed or registered dispensing optician, a physician skilled in disease of the eye, or an optometr…
Ark. Code Ann. § 17-89-103 Exceptions
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(a) Except as expressly provided otherwise in this chapter, nothing in this chapter shall apply to persons who sell glasses, spectacles, lenses, frames, mountings, or prisms at wholesale on individual prescriptions to licensed optometrists, physicians, or dispensing opticians, no…
Ark. Code Ann. § 17-89-104 Practice of optometry or medicine prohibited
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(a) With the exception of those acts listed in § 17-89-102(3), it shall be unlawful for any person except a licensed optometrist or licensed physician skilled in disease of the eye to engage in the practice of optometry or to do any act or part thereof defined in this or any othe…
Ark. Code Ann. § 17-89-105 Penalties
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(a) Any person who violates any provision of this chapter or who, other than those persons specifically excluded from the provisions of this chapter, provides ophthalmic dispensing services to the public without a certificate of licensure or certificate of registration under this…
Ark. Code Ann. § 17-89-106 Injunctions
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(a) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful business of ophthalmic dispensing or any violation of the provisions of this chapter, with the action being brought in the county in which the a…
Ark. Code Ann. § 17-89-201 Creation — Members
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(a) There is created the Arkansas Board of Dispensing Opticians which shall be responsible for administering the specific duties as set out in this chapter. (b) (1) The Arkansas Board of Dispensing Opticians shall be composed of nine (9) members appointed by the Governor to three…
Ark. Code Ann. § 17-89-202 Meetings — Officers
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(a) The Arkansas Board of Dispensing Opticians shall meet at least two (2) times each year, and at its first regular meeting each year shall elect a chair, vice chair, and secretary-treasurer. (b) Each officer shall be elected for a term of one (1) year. If an officer is removed …
Ark. Code Ann. § 17-89-203 Powers and duties
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(a) The Arkansas Board of Dispensing Opticians shall:(1) (A) Administer, coordinate, and enforce the provisions of this chapter, evaluate qualifications and supervise the examination of applicants for licensure or registry under this chapter, and investigate complaints, allegatio…
Ark. Code Ann. § 17-89-204 Financial reporting — Disposition of funds
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(a) The Arkansas Board of Dispensing Opticians shall report quarterly to the Department of Finance and Administration the source of all revenue received by it pursuant to this chapter during the preceding quarter. (b) All appropriate expenses incurred by the board in the administ…
Ark. Code Ann. § 17-89-205 Refund to expenditure
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Fines collected by the Arkansas Board of Dispensing Opticians shall be deposited into the Arkansas Board of Dispensing Opticians Fund in the State Treasury as a refund to expenditure for the year in which the deposit is made.
Ark. Code Ann. § 17-89-301 License or registration required
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Except as otherwise provided in this chapter, any person not licensed to practice medicine or optometry in Arkansas who shall perform or purport to perform any act described in § 17-89-102(3) must be licensed or registered by the Arkansas Board of Dispensing Opticians as provided…
Ark. Code Ann. § 17-89-302 Qualifications — Licensed dispensing opticians
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(a) Every applicant for examination as a licensed dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either:(1) Is a gradu…
Ark. Code Ann. § 17-89-303 Qualifications — Registered dispensing opticians
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(1) Every applicant for examination as a registered dispensing optician shall present satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she is over twenty-one (21) years of age, a high school graduate or the equivalent thereof, and either:(1) Has a mi…
Ark. Code Ann. § 17-89-304 Examinations
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(a) No person other than a licensed optometrist or licensed physician skilled in diseases of the eye or a person licensed or registered by the Arkansas Board of Dispensing Opticians as approved in this chapter shall provide ophthalmic dispensing services to the public until after…
Ark. Code Ann. § 17-89-305 Reciprocity
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(a) Any person who desires to provide ophthalmic dispensing services to the public as a licensed or registered dispensing optician in this state and who holds a current validated certificate of licensure or registry as a dispensing optician in a state whose requirements for licen…
Ark. Code Ann. § 17-89-306 Dispensers from nonlicensing states
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(a) Any person from a nonlicensing state who desires to provide ophthalmic dispensing services to the public as a licensed or registered dispensing optician in this state, and who submits satisfactory evidence to the Arkansas Board of Dispensing Opticians that he or she meets the…
Ark. Code Ann. § 17-89-307 Certificates — Renewal
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(a) All licensed and registered opticians shall pay by July 1 of each year a fee established by the Arkansas Board of Dispensing Opticians to the Secretary-treasurer of the Arkansas Board of Dispensing Opticians as a renewal licensure or registry fee. (b) (1) Unless the fee is pa…
Ark. Code Ann. § 17-89-308 Continuing education program
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(a) The Arkansas Board of Dispensing Opticians may institute a program for continuing education for its licensees. (b) The board may require proof of successful completion of its continuing education requirements as a condition for renewal of license, except that the board shall …
Ark. Code Ann. § 17-89-309 Denial, suspension, or revocation — Grounds
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(a) The Arkansas Board of Dispensing Opticians shall revoke or suspend or refuse to issue or renew a license or registration of any dispensing optician for any violation of any provision of this chapter or of any rules promulgated by the board, including, but not limited to, the …
Ark. Code Ann. § 17-89-310 Complaints — Hearings
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(a) (1) Any person may file a complaint with the Arkansas Board of Dispensing Opticians against any person providing ophthalmic dispensing services to the public or having a certificate of licensure or registry to practice ophthalmic dispensing in this state charging the person w…
Ark. Code Ann. § 17-89-401 Employment of apprentice dispensing opticians
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(a) (1) Licensed or registered opticians under this chapter may utilize apprentice dispensing opticians to engage in ophthalmic dispensing as defined in this chapter under their direct personal physical supervision and at the same location where the licensed or registered person …
Ark. Code Ann. § 17-89-402 Written prescription required
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(a) It shall be unlawful for any dispensing optician or person engaged in the business of manufacturing, selling, or dispensing regular or safety ophthalmic materials to fill or duplicate an ophthalmic prescription without having a written prescription signed by the licensed opto…
Ark. Code Ann. § 17-89-403 Standards for materials
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All ophthalmic materials, including eyeglasses, spectacles, lenses, or other optical devices or materials or parts thereof, sold in the State of Arkansas must conform to standards of quality as promulgated by the American National Standards Institute, commonly known as “Z-80.1 st…
Ark. Code Ann. § 17-89-404 Branch offices
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(a) No licensed or registered dispensing optician or other person in this state shall establish more than two (2) ophthalmic dispensing branch offices in addition to his or her principal office unless he or she shall have first secured a branch office permit from the Arkansas Boa…
Ark. Code Ann. § 17-89-405 Fraudulent, misleading, or deceptive advertising prohibited
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(1) It shall be unlawful for any dispensing optician or any person engaged in ophthalmic dispensing in this state, or anyone on their behalf, to knowingly or willfully engage in any fraudulent, misleading, or deceptive advertising. Any of the following practices shall be deemed t…
Ark. Code Ann. § 17-89-406 Disclaimer in advertisements required
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(a) Any advertisement made by, for, or in behalf of any ophthalmic dispensing firm or any dispensing optician in this state, by newspaper, magazine, handbill, circular, radio, television, billboard, sign, or other means or forms of advertisement, except goodwill advertising as de…
Ark. Code Ann. § 17-89-407 Penalties — Enforcement
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(a) (1) Any person violating the provisions of § 17-89-405 or § 17-89-406 shall be guilty of a Class A misdemeanor and upon conviction shall be subject to the fines and penalties provided by law.(2) Each advertisement in violation of § 17-89-405 or § 17-89-406 shall be a separate…
Ark. Code Ann. § 17-89-408 Office permit
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(a) (1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Disp…