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Arkansas Statutes, Title 17

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Arkansas/Statutes

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Title 17, Professions, Occupations, and Businesses

83 chapters · 1,940 sections in this title.

All chapters in Title 171,940 Ch 92, Pharmacists and Pharmacies102 Ch 95, Physicians and Surgeons86 Ch 82, Dentists, Dental Hygienists, and Den…68 Ch 26, Cosmetology and Related Occupations67 Ch 42, Real Estate License Law67 Ch 87, Nurses64 Ch 25, Contractors61 Ch 80, General Provisions46 Ch 40, Private Investigators and Private Se…44 Ch 12, Accountants43 Ch 17, Auctioneers40 Ch 20, Barbers40 Ch 97, Psychologists and Psychological Exam…39 Ch 27, Counselors38

86 sections·Filtered byTitle 17✕Ch 95✕

Ark. Code Ann. § 17-95-1001 Title
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This subchapter shall be known and may be cited as the “Arkansas Surgical Technologists Act”.
Ark. Code Ann. § 17-95-1002 Definitions
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(1) As used in this subchapter:(1) “Surgical technologist” means an individual who performs the skills and techniques of surgical technology under the direction and supervision of a licensed practitioner other than in the course of practicing as a licensed healthcare professional…
Ark. Code Ann. § 17-95-1003 Registration
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(1) The Arkansas State Medical Board shall register as a surgical technologist an applicant who:(1) Has successfully completed a nationally accredited surgical technology program and holds a current credential as a certified surgical technologist from the National Board of Surgic…
Ark. Code Ann. § 17-95-1004 Title protection
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A person shall not use or assume the title “registered surgical technologist” unless the person is registered with the Arkansas State Medical Board.

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Ark. Code Ann. § 17-95-1005 Rules

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The Arkansas State Medical Board may adopt and promulgate rules to implement this subchapter.

Ark. Code Ann. § 17-95-101 “Good Samaritan” law — Definition

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(a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident is not liable for any civil damages for acts or omissions performed in good faith so long as …

Ark. Code Ann. § 17-95-102 Legend drugs — Definitions

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(a) As used in this section, “dispensing physician” means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who purchases legend drugs to be dispensed to his or her patients for the patients' personal…

Ark. Code Ann. § 17-95-103 Notice of malpractice claims

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(a) Every physician licensed to practice medicine and surgery in the State of Arkansas, within ten (10) days after the receipt or notification of a claim or filing of a lawsuit against him or her charging him or her with medical malpractice, shall notify the Arkansas State Medica…

Ark. Code Ann. § 17-95-104 Hospital's duty to report physician misconduct

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(a) (1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other ph…

Ark. Code Ann. § 17-95-106 Volunteer services by retired physicians and surgeons — Immunity from liability

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(a) Retired physicians and surgeons who are still licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas, and who render medical services voluntarily and without compensation to any person at any free or low-cost medical clinic l…

Ark. Code Ann. § 17-95-107 Credentialing organization — Definitions

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(a) The purpose of this section is to allow the Arkansas State Medical Board to provide information to credentialing organizations. (b) As used in this section:(1) “Accrediting organization” means an organization that awards accreditation or certification to hospitals, managed ca…

Ark. Code Ann. § 17-95-108 Informed consent required for gastric bypass surgery

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(a) No gastric bypass surgery may be performed in this state unless the physician who will perform the surgery has informed the patient in writing, as evidenced by the patient's signature, of the known risks and complications of the procedure, including, but not limited to:(1) Th…

Ark. Code Ann. § 17-95-1101 Title

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This subchapter shall be known and may be cited as the “Arkansas Genetic Counselor Licensure Act”.

Ark. Code Ann. § 17-95-1102 Definitions

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(1) As used in this subchapter:(1) “Genetic counseling” means the process of assisting individuals with understanding and adapting to the medical, psychological, and familial implications of genetic contributions to disease, which includes without limitation:(A) Interpreting fami…

Ark. Code Ann. § 17-95-1103 Exemptions from genetic counselor licensure

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(1) This subchapter does not require licensure as a genetic counselor of:(1) An individual who is licensed or lawfully permitted to practice by this state as a healthcare professional and who is practicing within his or her scope of practice, including without limitation a physic…

Ark. Code Ann. § 17-95-1104 Authority of Arkansas State Medical Board

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(1) The Arkansas State Medical Board shall:(1) Develop appropriate rules necessary to regulate genetic counselors;(2) Receive, review, and approve applications for genetic counselor licensure;(3) Issue, renew, suspend, revoke, or deny licensure as a genetic counselor;(4) Conduct …

Ark. Code Ann. § 17-95-1105 Title protection

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A person shall not use or assume the title “licensed genetic counselor” or “genetic counselor” or use any words, letters, abbreviations, or insignia indicating or implying that the person holds a genetic counselor license unless the person is licensed by the Arkansas State Medica…

Ark. Code Ann. § 17-95-1106 Genetic counselor licensure

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(a) The Arkansas State Medical Board shall license as a licensed genetic counselor an applicant who:(1) Submits an application approved by the Arkansas State Medical Board;(2) Pays an application fee approved by the Arkansas State Medical Board that is comparable to other fees fo…

Ark. Code Ann. § 17-95-1107 Renewal of genetic counselor license

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(a) Except in the case of a temporary license under § 17-95-1108, a license shall be valid for a two-year period from the date of issuance. (b) Upon receipt of a renewal application and renewal fees as determined by the Arkansas State Medical Board, the board shall renew a licens…

Ark. Code Ann. § 17-95-1108 Temporary licensure

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(a) (1) The Arkansas State Medical Board may issue a temporary license to an applicant who does not meet the certification requirement in § 17-95-1106 if the applicant:(A) Has been granted an active-candidate status by the American Board of Genetic Counseling;(B) Applies for and …

Ark. Code Ann. § 17-95-1109 Denial, suspension, revocation, or refusal to renew — Censure

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(a) The Arkansas State Medical Board may deny, suspend, revoke, or refuse to renew a license, or may reprimand, censure, place on probation, or otherwise discipline a licensee, upon proof that the licensee has:(1) Obtained or attempted to obtain a license by fraud or deception;(2…

Ark. Code Ann. § 17-95-1110 Surrendering license due to retirement

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(a) In order to retire his or her license, a licensed genetic counselor shall file an affidavit with the Arkansas State Medical Board stating the date on which the individual will retire or has retired and other information determined necessary by the board. (b) If a licensed gen…

Ark. Code Ann. § 17-95-1201 Text of compact

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The Interstate Medical Licensure Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows: [Table: the publisher prints it as a picture, with no text] INTERSTATE MEDICAL LICENSURE COMPACT [Table: t…

Ark. Code Ann. § 17-95-1202 Administration of compact — Rules

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(a) The Arkansas State Medical Board is the Interstate Medical Licensure Compact administrator for this state. (b) (1) The board shall promulgate rules necessary to implement this subchapter.(2) Rules promulgated by the board under subdivision (b)(1) of this section shall be cons…

Ark. Code Ann. § 17-95-201 Short title

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Section 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be known as the “Arkansas Medical Practices Act”.

Ark. Code Ann. § 17-95-202 Definitions

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(1) As used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.:(1) “Active” means actively engaged in the full-time practice of medicine;(2) “Healthcare provider” means a healthcare professional, healthcare facility, or entity…

Ark. Code Ann. § 17-95-203 Exemptions

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(1) Nothing herein shall be construed to prohibit or to require a license with respect to any of the following acts:(1) The gratuitous rendering of services in case of emergency;(2) The rendering of services in this state by a physician lawfully practicing medicine in another sta…

Ark. Code Ann. § 17-95-204 Perjury

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Any person who shall willfully and knowingly make any false statement to the Arkansas State Medical Board concerning his or her qualifications or authority to practice medicine shall be deemed guilty of perjury and punished as provided by law for those guilty of perjury. Such a p…

Ark. Code Ann. § 17-95-206 Out-of-state physicians

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(a) A physician who is physically located outside this state but who through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state, including the performance or interpretation of an X-ray examination …

Ark. Code Ann. § 17-95-207 Temporary license for out-of-state physicians

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Any physician who seeks licensure in this state pursuant to the requirements of § 17-95-206, upon submission of the proper credentialing documents to the Arkansas State Medical Board, shall be issued a temporary license to practice medicine in this state until such time as final …

Ark. Code Ann. § 17-95-208 Rules on physician's and physician assistant's authority to delegate

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(a) The Arkansas State Medical Board shall adopt rules that establish standards to be met and procedures to be followed by a physician or a physician assistant with respect to the delegation of the performance of medical practices to a qualified and properly trained employee who …

Ark. Code Ann. § 17-95-209 Regulation of office-based surgery

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The Arkansas State Medical Board shall adopt rules to be followed by a physician who performs office-based surgery.

Ark. Code Ann. § 17-95-210 Use of credentialing information — Definitions

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(a) The purpose of this section is to allow the Arkansas State Medical Board to provide information to credentialing organizations. (b) For purposes of this section:(1) “Credentialing information” means:(A) Information regarding a physician assistant's, a radiology assistant's, a…

Ark. Code Ann. § 17-95-301 Creation — Members

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(a) There is created the Arkansas State Medical Board. (b) (1) (A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years.(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making a…

Ark. Code Ann. § 17-95-302 Organization and proceedings

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(a) Within thirty (30) days after their appointment, the members of the Arkansas State Medical Board shall meet and organize by electing a chair, vice chair, and treasurer. The Treasurer of the Arkansas State Medical Board shall give bond in such amount as may be designated by th…

Ark. Code Ann. § 17-95-303 Powers and duties

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(1) The Arkansas State Medical Board shall:(1) Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law;(2) Have authority to promulgate …

Ark. Code Ann. § 17-95-304 Inspectors — Use of prescriptions, orders, or records

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(a) (1) The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control.(2) The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct…

Ark. Code Ann. § 17-95-305 Disposition of funds

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(a) All funds received by the Arkansas State Medical Board shall be expended in furtherance of the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. This includes, but is not specifically limited to, the publication …

Ark. Code Ann. § 17-95-306 Criminal background check

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(a) (1) Every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Division of Arkansas State Police to release the results of a state and federal criminal history background…

Ark. Code Ann. § 17-95-307 License eligibility

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A person is not eligible to receive or hold a license to practice medicine or another healthcare profession issued by the Arkansas State Medical Board if the person has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under § 17-3-102.

Ark. Code Ann. § 17-95-308 Waiver

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(a) The requirements of § 17-95-307 may be waived by the Arkansas State Medical Board upon the request of:(1) An affected applicant for licensure; or(2) The person holding the license subject to revocation. (1) An affected applicant for licensure; or (2) The person holding the li…

Ark. Code Ann. § 17-95-309 Background records sealed

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(a) Any background record received by the Arkansas State Medical Board from the Identification Bureau of the Division of Arkansas State Police shall not be available for examination except by:(1) An affected applicant for licensure or his or her authorized representative; or(2) A…

Ark. Code Ann. § 17-95-401 License required

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If any person who does not possess a valid license to practice medicine within this state and who is not exempted from the licensing requirements does any of the acts constituting the practice of medicine, he or she shall be deemed to be practicing medicine without complying with…

Ark. Code Ann. § 17-95-402 Penalties — Injunction

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(a) (1) Every person who practices or attempts to practice medicine in any of its branches or who performs or attempts to perform any surgical operation for any person or upon any person within this state without first having complied with the provisions of the Arkansas Medical P…

Ark. Code Ann. § 17-95-403 Application — Qualifications

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(a) (1) Every person desiring a license to practice medicine shall make application to the Arkansas State Medical Board. The application shall be verified by oath and shall be in such form as shall be prescribed by the Arkansas State Medical Board.(2) The application shall be acc…

Ark. Code Ann. § 17-95-404 Examinations

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(a) The Arkansas State Medical Board by and through its rules will approve and designate the examinations to be given to those individuals who desire a license to practice medicine in the State of Arkansas. The board will further set forth the standards by rule for successful com…

Ark. Code Ann. § 17-95-405 Credentials

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(a) A legally licensed physician and surgeon who has been issued a license to practice medicine in another state where the requirements for licensure are equal to those established by the State of Arkansas may be permitted by the Arkansas State Medical Board to practice his or he…

Ark. Code Ann. § 17-95-406 Temporary permits

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(a) In cases of emergency and to prevent hardship, the Director of the Arkansas State Medical Board may issue a temporary permit to practice medicine upon payment of the fee required for applicants after satisfying himself or herself that the applicant has all the qualifications …

Ark. Code Ann. § 17-95-408 Annual registration

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(a) The annual license or reregistration fee of a physician licensed by the Arkansas State Medical Board to practice medicine in the State of Arkansas shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the impl…

Ark. Code Ann. § 17-95-409 Denial, suspension, or revocation — Grounds — Definition

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(a) (1) The Arkansas State Medical Board may revoke an existing license, impose penalties as listed in § 17-95-410, or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unpro…