Title 17, Professions, Occupations, and Businesses

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…

This chapter shall be known as the “Arkansas Chiropractic Practices Act”.

(1) As used in this chapter:(1) “Analysis” includes physical examination, the use of X-ray and other analytical instruments, and procedures generally used in the practice of chiropractic;(2) “Board” means the Arkansas State Board of Chiropractic Examiners;(3) “Chiropractic” means…

Nothing in this chapter shall be construed to invalidate or affect the license of any person holding a valid unrevoked or unsuspended license to practice chiropractic in this state on July 19, 1971. Persons holding valid licenses shall be subject to all provisions of this chapter…

No person defined in § 17-81-102(5) as a physician may solicit for patronage or advertise for patronage by any means whatever which is misleading, fraudulent, deceptive, or dishonest.

(a) Subject to reasonable prosecutorial discretion, it is the duty of the prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their jurisdictions when requested and authorized by the Arkansas Stat…

(1) Chiropractic physicians licensed under this chapter shall be:(1) Bound by all applicable health and police rules of the state; and(2) Qualified to sign death certificates, insurance certificates, and all other certificates pertaining to public health with like effect as other…

(a) As used in this section:(1) (A) “Procurer” means a person or entity who for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the directio…

The Arkansas State Board of Chiropractic Examiners shall establish rules to enforce the requirements of this chapter.

(a) The Arkansas State Board of Chiropractic Examiners is established. (b) (1) The board shall be composed of seven (7) members appointed by the Governor subject to confirmation by the Senate for terms of five (5) years.(2) (A) Five (5) members shall be qualified chiropractors.(B…

(a) Each member of the Arkansas State Board of Chiropractic Examiners shall be a citizen of the United States, a resident of this state, and shall, before entering upon the duties of the office, take the oath prescribed by the Arkansas Constitution for state officers and shall fi…

No member of the Arkansas State Board of Chiropractic Examiners, during the term of his or her office or thereafter, shall be liable for damages as a result of any official act in the performance of his or her duty as such a member. Any action therefor shall upon motion be dismis…

(a) The Department of Health shall maintain and operate an office for the administration of the business of the Arkansas State Board of Chiropractic Examiners. (b) It shall meet in July of each year and from its members elect a president, secretary, and treasurer. The officers so…

(a) The Director of the Arkansas State Board of Chiropractic Examiners shall keep a record of the minutes of the meetings of the Arkansas State Board of Chiropractic Examiners and a record of the names of all persons making application for license under the provisions of this cha…

(a) (1) The Arkansas State Board of Chiropractic Examiners is empowered to incur whatever expenses the board may deem necessary or expedient in performing its functions.(2) Each member of the board may receive expense reimbursement and stipends in accordance with §§ 25-16-901, 25…

(a) Pursuant to its authority set forth in § 17-81-206(b)(8), the Arkansas State Board of Chiropractic Examiners may employ a Director of the Arkansas State Board of Chiropractic Examiners. (b) (1) The director in consultation with and review of the Treasurer of the Arkansas Stat…

(a) All fees and fines authorized by this chapter are the property of the Arkansas State Board of Chiropractic Examiners and shall be paid to the office of the Director of the Arkansas State Board of Chiropractic Examiners who shall collect and dispose of such funds on behalf of …

(a) (1) The Arkansas State Board of Chiropractic Examiners may authorize a chiropractic student preceptorship program established by an approved chiropractic college to allow a student in the final clinical phase of chiropractic training to practice under the direct, on-site supe…

In order to safeguard life and health, any person practicing or offering to practice chiropractic in the state shall be required to submit evidence that he or she is qualified to practice and shall be licensed as provided in this chapter.

(1) This chapter does not prohibit or require a license with respect to any of the following acts:(1) The performance of services in case of an emergency;(2) (A) The performance of services in this state on an occasional basis, limited to thirty (30) days in each calendar year, b…

(a) Any person who practices or attempts to practice chiropractic, as defined in this chapter, or use any sign, card, or device to indicate that the person is a professional licensed doctor of chiropractic without having first been licensed or otherwise permitted under the provis…

(a) (1) (A) Applications for a license to practice chiropractic in the State of Arkansas shall be made to the Director of the Arkansas State Board of Chiropractic Examiners in writing on forms furnished by the Arkansas State Board of Chiropractic Examiners.(B) The application sha…