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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

1,940 sections·Filtered byTitle 17✕

Ark. Code Ann. § 17-95-503 Temporary license
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(a) The Arkansas State Medical Board may issue a temporary license to any physician who meets the qualifications and requirements for medical licensure as established by the board except for successful passage of the examination as prescribed by the rules of the board. However, t…
Ark. Code Ann. § 17-95-504 Remedial training
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(a) A temporary license may be granted to an eligible physician for not more than three (3) twelve-month terms. (b) (1) If after that time the physician has not satisfactorily passed the examination for licensure, the Arkansas State Medical Board, in collaboration with the Dean o…
Ark. Code Ann. § 17-95-505 Nonliability of board
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In the application of the authorities and provisions of this subchapter, the Arkansas State Medical Board, either individually or collectively, and the Director of the Arkansas State Medical Board, when acting on behalf of the board, are not liable for civil damages from claims p…
Ark. Code Ann. § 17-95-701 Title
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This subchapter shall be known and may be cited as the “Chronic Intractable Pain Treatment Act”.

Ark. Code Ann. § 17-95-702 Findings

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(1) The General Assembly finds that:(1) Pain management plays an important role in good medical practice;(2) Physicians should recognize the need to make pain relief accessible to all patients with chronic intractable pain; and(3) Physicians should view pain management as a regul…

Ark. Code Ann. § 17-95-703 Definitions

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(1) As used in this subchapter:(1) “Chronic intractable pain” means a pain state for which the cause of the pain cannot be removed or otherwise treated and for which no relief or cure has been found after reasonable efforts by a physician;(2) (A) “Dangerous or controlled drugs” m…

Ark. Code Ann. § 17-95-704 Arkansas State Medical Board — Treatment — Prohibitions

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(a) (1) A physician shall not be subject to disciplinary action by the Arkansas State Medical Board solely for prescribing dangerous or controlled drugs for the relief of chronic intractable pain.(2) (A) (i) Any allegation of improper prescribing determined to require a board hea…

Ark. Code Ann. § 17-95-705 Pain Management Review Committee — Membership — Duties

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(a) There is created the Pain Management Review Committee, appointed by the Arkansas State Medical Board. (b) The committee shall consist of five (5) members who are full-time active physicians in direct patient care, two (2) of whom may be board-certified pain management special…

Ark. Code Ann. § 17-95-706 Scope

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This subchapter does not condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this subchapter may be used for mercy killing or euthanasia.

Ark. Code Ann. § 17-95-707 Immunity — Criminal prosecution

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No physician shall be subject to criminal prosecution for prescribing or administering controlled substances under appropriate criteria in the course of treatment of a person for chronic intractable pain.

Ark. Code Ann. § 17-95-801 Physician Assistant Committee — Members

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(a) (1) The Physician Assistant Committee is created within the Arkansas State Medical Board.(2) The committee shall consist of five (5) members as follows:(A) (i) Three (3) members who shall be members of the board.(ii) Two (2) members as described in this subdivision (a)(2)(A) …

Ark. Code Ann. § 17-95-802 Duties of Physician Assistant Committee

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(1) The Physician Assistant Committee shall review and make recommendations at the request of the Arkansas State Medical Board regarding all matters relating to physician assistants, including without limitation:(1) Applications for licensure and renewal;(2) Disciplinary proceedi…

Ark. Code Ann. § 17-95-901 Title

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This subchapter shall be known and may be cited as the “Arkansas Graduate Registered Physician Act”.

Ark. Code Ann. § 17-95-902 Definitions

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(1) As used in this subchapter:(1) (A) “Graduate registered physician” means an individual who:(i) Is a resident of Arkansas who has graduated from an accredited allopathic medical school or osteopathic medical school and is not currently enrolled in an accredited graduate medica…

Ark. Code Ann. § 17-95-903 Qualifications for licensure

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(a) Except as otherwise provided in this subchapter, an individual shall be licensed by the Arkansas State Medical Board before the individual may practice as a graduate registered physician. (b) The board may grant a license as a graduate registered physician to an applicant who…

Ark. Code Ann. § 17-95-904 Renewal

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(a) Upon notification from the Arkansas State Medical Board, an individual who holds a license as a graduate registered physician in this state shall renew the license by:(1) Submitting the appropriate fee as determined by the board;(2) Completing the appropriate renewal forms;(3…

Ark. Code Ann. § 17-95-905 Scope of authority

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(a) (1) A graduate registered physician may provide healthcare services with physician supervision.(2) The supervising physician shall be identified on all prescriptions and orders.(3) A graduate registered physician may perform those duties and responsibilities, including the pr…

Ark. Code Ann. § 17-95-906 Prescriptive authority

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(a) (1) A physician who is supervising a graduate registered physician may delegate prescriptive authority to a graduate registered physician to include prescribing, ordering, and administering Schedules III-V controlled substances as described in the Uniform Controlled Substance…

Ark. Code Ann. § 17-95-907 Supervision

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(a) Supervision of a graduate registered physician shall be continuous and require the physical presence of the supervising physician at the place that the services are rendered. (b) Each team of physicians and graduate registered physicians has an obligation to ensure that:(1) T…

Ark. Code Ann. § 17-95-908 Notification of intent to practice

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(a) (1) Before initiating practice, a graduate registered physician licensed in this state must submit on forms approved by the Arkansas State Medical Board notification of an intent to practice.(2) The notification shall include:(A) The name, business address, email address, and…

Ark. Code Ann. § 17-95-909 Exclusions of limitations of employment

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This subchapter does not limit the employment arrangement of a graduate registered physician licensed under this subchapter.

Ark. Code Ann. § 17-95-910 Violation

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(1) Following the exercise of due process, the Arkansas State Medical Board may discipline a graduate registered physician who:(1) Fraudulently or deceptively obtains or attempts to obtain a license;(2) Fraudulently or deceptively uses a license;(3) Violates any provision of this…

Ark. Code Ann. § 17-95-911 Disciplinary authority

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(1) Upon finding that a graduate registered physician has committed an offense described in § 17-95-910, the Arkansas State Medical Board may:(1) Refuse to grant a license;(2) Administer a public or private reprimand;(3) Revoke, suspend, limit, or otherwise restrict a license;(4)…

Ark. Code Ann. § 17-95-912 Title and practice protection

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(1) An individual who is not licensed under this subchapter is guilty of a Class A misdemeanor and is subject to penalties applicable to the unlicensed practice of medicine if he or she:(1) Holds himself or herself out as a graduate registered physician; or(2) Uses any combinatio…

Ark. Code Ann. § 17-95-913 Identification requirements

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A graduate registered physician licensed under this subchapter shall keep his or her license available for inspection at his or her primary place of business, and when engaged in professional activities, a graduate registered physician shall wear a name tag identifying himself or…

Ark. Code Ann. § 17-95-914 Rulemaking authority

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The Arkansas State Medical Board shall promulgate rules that are reasonable and necessary to implement this subchapter.

Ark. Code Ann. § 17-95-915 “Good Samaritan” provision

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A graduate registered physician shall be subject to the “Good Samaritan” provisions embodied in § 17-95-101.

Ark. Code Ann. § 17-95-916 Patient care orders

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(a) Patient care orders generated by a graduate registered physician shall be construed as having the same medical, health, and legal force and effect as if the orders were generated by his or her supervising physician, provided that the supervising physician's name is identified…

Ark. Code Ann. § 17-95-917 Medical malpractice — Professional and legal liability for actions

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A graduate registered physician shall be covered under the provisions regarding medical malpractice and legal liability as they apply to his or her supervising physician as embodied in §§ 16-114-201 — 16-114-209.

Ark. Code Ann. § 17-96-101 Definitions

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(1) As used in this chapter:(1) “Podiatric medicine” means the diagnosis and medical, mechanical, and surgical treatment of ailments of the human foot and ankle; and(2) “Podiatrist” means a physician legally licensed to practice podiatric medicine. However, no podiatrist shall am…

Ark. Code Ann. § 17-96-102 Exemptions

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This chapter shall not apply to physicians or surgeons licensed in the State of Arkansas, nor to the surgeons of the United States Army, the United States Navy, the United States Air Force, and the United States Public Health Service, when in actual performance of their duties.

Ark. Code Ann. § 17-96-103 Unlawful acts — Penalties

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(a) Any person who shall unlawfully obtain registration under this chapter, whether by false or untrue statements contained in the application to the Arkansas Board of Podiatric Medicine or by presenting to the board a fraudulent diploma, certificate for license, or one fraudulen…

Ark. Code Ann. § 17-96-104 Professional corporations

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(a) Podiatrists duly licensed to practice as such by the Arkansas Board of Podiatric Medicine may form professional corporations and practice podiatric medicine under and in accordance with the Arkansas Professional Corporation Act, § 4-29-201 et seq. (b) It shall be unlawful for…

Ark. Code Ann. § 17-96-201 Creation — Members

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(a) There is created the Arkansas Board of Podiatric Medicine. (b) (1) The board shall consist of five (5) members appointed by the Governor on September 1, for terms of three (3) years. All members shall be residents of the state for a period of one (1) or more years.(2) Three (…

Ark. Code Ann. § 17-96-202 Organization and proceedings

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(a) (1) The Arkansas Board of Podiatric Medicine shall choose one (1) of its members as president and one (1) as secretary-treasurer at each annual meeting to be held in June.(2) The board may meet more often if necessary in the discretion of the board at such times and places as…

Ark. Code Ann. § 17-96-203 Payment of expenses — Compensation of members and employees

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(a) The Arkansas Board of Podiatric Medicine is empowered to incur whatever expenses the board may deem necessary or expedient in performing the board's functions. (b) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (…

Ark. Code Ann. § 17-96-204 Rules on podiatrist's authority to delegate

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(a) The Arkansas Board of Podiatric Medicine shall adopt rules that establish standards to be met and procedures to be followed by a podiatrist with respect to the podiatrist's delegation of the performance of medical practices to a qualified and properly trained employee who is …

Ark. Code Ann. § 17-96-205 Rules on Schedule II narcotics

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(1) The Arkansas Board of Podiatric Medicine shall adopt rules:(1) Limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board; and(2) Requiring licensees of the board to check the information in the Prescription Drug Monitoring Pro…

Ark. Code Ann. § 17-96-301 License required — Penalty for unlawful practice

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(a) It shall be unlawful for any person to profess to be a podiatrist or to practice or assume the duties incident to podiatric medicine unless licensed to do so by the Arkansas Board of Podiatric Medicine. (b) (1) If any person shall use the name or title “podiatrist”, “chiropod…

Ark. Code Ann. § 17-96-302 Application

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(a) All persons who may wish to practice podiatric medicine in this state shall make application, upon a form authorized by the Arkansas Board of Podiatric Medicine and furnished by it, to the Secretary-treasurer of the Arkansas Board of Podiatric Medicine for a license, to be su…

Ark. Code Ann. § 17-96-303 Qualification of applicants

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(a) A person shall not take any examination for such registration unless that person shall furnish the Arkansas Board of Podiatric Medicine with satisfactory proof that he or she:(1) Is twenty-one (21) years of age or over; and(2) Has received a license or certificate of graduati…

Ark. Code Ann. § 17-96-304 Examinations

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(a) The Arkansas Board of Podiatric Medicine may make such rules governing the conduct of the examinations as it shall deem necessary, and willful violation of the rules shall subject the applicant to the loss of the examination fee. (b) (1) Examinations shall be in the English l…

Ark. Code Ann. § 17-96-305 Temporary license

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(a) A temporary license to practice podiatric medicine in this state may be issued to a person who meets all the qualifications for licensure with the exception of the residency requirement while participating in a full-time podiatric residency program. This program must be appro…

Ark. Code Ann. § 17-96-306 Renewal — Continuing education requirement

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(a) (1) A renewal fee to be established by the Arkansas Board of Podiatric Medicine in an amount not to exceed one hundred dollars ($100) shall be paid on July 1 each year.(2) (A) If the fee is not paid within three (3) months, the license may be suspended or revoked.(B) If the l…

Ark. Code Ann. § 17-96-307 Recording and display of license

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(a) All licenses shall be recorded in the manner of other medical licenses in the office of the county recorder in which county the licensee practices. (b) All licenses shall be conspicuously displayed at the office or other place of practice.

Ark. Code Ann. § 17-96-308 Revocation — Definition

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(a) (1) The Arkansas Board of Podiatric Medicine, after hearing, may revoke by majority vote any certificate issued by it and cancel or suspend the registration of any podiatrist who has been convicted of violation of § 17-96-103.(2) The board, after hearing pursuant to the Arkan…

Ark. Code Ann. § 17-97-101 Legislative intent

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It is intended that the provisions of this chapter be in accordance with and consistent with the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and that the practice of psychology as prescribed in this chapter should not infring…

Ark. Code Ann. § 17-97-102 Definitions — Levels of practice of psychology

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(a) As used in this chapter:(1) “Forensic psychological assessment” means the practice of psychology when applied to scientific, technical, or specialized knowledge of psychology to the law to assist in addressing legal, contractual, and administrative matters, including without …

Ark. Code Ann. § 17-97-103 Exceptions generally

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(a) This chapter does not prohibit:(1) The teaching of psychology or the conduct of psychological research by licensed or unlicensed psychologists or other licensed or unlicensed professionals under the laws of Arkansas if the teaching or research does not involve the delivery or…

Ark. Code Ann. § 17-97-105 Privileged communications

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For the purpose of this chapter, the confidential relations and communications between a licensed psychologist or a psychological examiner and a client are placed upon the same basis as those provided by law between an attorney and a client. Nothing in this chapter shall be const…