Title 17 — Professions, Occupations, and Businesses
83 chapters · 2,038 sections in this title.
Ark. Code Ann. § 17-88-308 Display of license or renewal certificate
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Each licensee shall display his or her license and renewal certificate in a conspicuous place in the principal office where he or she practices occupational therapy.
Ark. Code Ann. § 17-88-309 Denial, revocation, or suspension — Grounds
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(a) After notice and hearing, the Arkansas State Medical Board may deny or refuse to renew a license or may suspend or revoke a license when the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, w…
Ark. Code Ann. § 17-88-310 Denial, revocation, or suspension — Proceedings
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(a) (1) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice occupational therapy in this state charging the person with having violated the provisions of § 17-88-309.(2) The complaint shall set forth a specificatio…
Ark. Code Ann. § 17-88-311 Unlawful practice — Injunction
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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 practice of occupational therapy in the county in which the alleged unlawful practice occurred or in which the defendant resides. (b) The issuan…
Ark. Code Ann. § 17-88-312 Unlawful use of professional title — Penalty
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(a) (1) It is unlawful for any person who is not licensed under this chapter as an occupational therapist or an occupational therapy assistant or whose registration has been suspended or revoked, to use, in connection with his or her name or place of business, the words “occupati…
Ark. Code Ann. § 17-88-401 Text of compact
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The Occupational Therapy 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: A. OCCUPATIONAL THERAPY LICENSURE COMPACTSECTION 1. PURPOSEThe purpose of this Compact is to facilitate …
Ark. Code Ann. § 17-88-402 Administration of compact — Rules
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(a) The Arkansas State Medical Board is the Occupational Therapy Licensure Compact administrator for this state. (b) The board may adopt rules that are consistent with the Occupational Therapy Licensure Compact necessary to implement this subchapter. (c) The board is not required…
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…
Ark. Code Ann. § 17-90-101 Definition — Applicability
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(a) (1) The “practice of optometry” means the examination, diagnosis, treatment, and management of conditions of the human eye, lid, adnexa, and visual system, including the removal of foreign bodies from the cornea, conjunctiva, lid, or adnexa but shall exclude other surgery of …
Ark. Code Ann. § 17-90-102 Exemptions
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(1) This chapter does not:(1) Apply to physicians and surgeons nor to persons who sell eyeglasses, spectacles, lenses, contact lenses, frames, mountings, or prisms at wholesale on individual prescriptions to optometrists, physicians, and surgeons;(2) Prohibit the sale of ready-ma…
Ark. Code Ann. § 17-90-103 Status of profession
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The practice of optometry is declared to be a learned profession, and the same rights, powers, and duties are declared to attach thereto as attach to other learned professions.
Ark. Code Ann. § 17-90-104 Unlawful practice
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(1) The following acts are declared to be unlawful:(1) The violation of any of the provisions of this chapter;(2) For any optometrist, physician, or surgeon to advertise in any manner, either directly or indirectly, any fraudulent, false, or misleading statement as to the skill o…
Ark. Code Ann. § 17-90-105 Penalty — Injunction
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(a) (1) Any optometrist, physician, or surgeon or individual, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars …
Ark. Code Ann. § 17-90-106 Service of process on nonresident practitioner
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(a) (1) The performance by a nonresident person, firm, or corporation within this state of any act prohibited or authorized by the terms of this chapter which constitutes the practice of optometry as defined by this chapter, except when done by persons, firms, or corporations hav…
Ark. Code Ann. § 17-90-107 Subpoenas
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A subpoena is to be directed to the sheriff of any county where a witness resides or is found. It shall be served and returned in the same manner as subpoenas in civil actions in the circuit courts are served and returned.
Ark. Code Ann. § 17-90-108 Requirement to provide eyeglass prescription
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(a) (1) If at the completion of an ophthalmic examination by any licensed optometrist or by any physician who practices as an ophthalmologist in this state the practitioner recommends as a result of the examination that the patient needs eyeglasses of common availability within t…
Ark. Code Ann. § 17-90-109 Regulation of contact lenses
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(a) No person, firm, corporation, or other legal entity located outside the State of Arkansas shall fill, ship, mail, or deliver through electronic mail, the internet, alternative channels, or other means contact lenses, vision correcting contact lenses that have been medicated w…
Ark. Code Ann. § 17-90-110 Limitation on liability
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Any optometrist or ophthalmologist who releases a contact lens prescription in accordance with § 17-90-108(a)(2) shall not be liable for any damages for injury resulting from the purchasing, manufacturing, or dispensing of the contact lenses unless the contact lens seller and the…
Ark. Code Ann. § 17-90-111 Loans to optometry students
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(a) The Division of Higher Education shall provide a loan from the Higher Education Grants Fund Account that is in excess of the Southern Regional Education Board grant funds to any optometry student:(1) Who is a bona fide resident of the state;(2) Who is enrolled in an optometry…
Ark. Code Ann. § 17-90-201 Appointment of members
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(a) The State Board of Optometry shall consist of seven (7) members appointed by the Governor as follows for terms of five (5) years subject to confirmation by the Senate:(1) After consulting The Arkansas Optometric Association, Inc., the Governor shall appoint five (5) members w…
Ark. Code Ann. § 17-90-202 Compensation of members and secretary-treasurer
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(a) Members of the State Board of Optometry may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (b) Expense reimbursement and stipends in accordance with § 25-16-901 et seq. shall be paid from the fees collected by the board. (c) The Secretary-tr…
Ark. Code Ann. § 17-90-203 Meetings — Officers — Records
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(a) The State Board of Optometry shall meet at least two (2) times each year. At the first regular meeting, the board members shall elect a president, a vice president, and a secretary-treasurer. (b) A record of its proceedings shall be kept which shall be open for public inspect…