Ark. Code Ann. tit. 17, ch. 53 — Health Educators | Arkansas Code Annotated (official 2020 release; sections amended by Acts of 2021-2026 replaced from arkleg.state.ar.us) — Arkansas

Ark. Code Ann. § 17-53-101 Title.

This chapter shall be known and may be cited as the “Health Educator Practice Act”.

Ark. Code Ann. § 17-53-102 Purpose.

It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the certification and regulation of persons engaged in the practice of health education who hold themselves under the title of certified health education specialist or certified professional health educator.

Ark. Code Ann. § 17-53-103 Definitions.

As used in this chapter: (1) “Certified health education specialist” or “CHES” means a person certified by the National Commission for Health Education Credentialing, Inc., and concurrently certified under this chapter to engage in the practice of health education in this state; (2) “Certified professional health educator” or “CPHE” means a person certified under this chapter to engage in the practice of health education in this state; (3) “Degree” means a baccalaureate or postbaccalaureate degree from a United States college or university that was accredited at the time the degree was conferred; (4) “Health educator” means a person engaged in the practice of health education; (5) “Practice of health education” means the integration and application of principles derived from the sciences of biology and physiology, psychology, sociology, and other behavioral sciences and education to enable people, as individuals and as members of social structures, to voluntarily make decisions, modify behaviors, and change social conditions in ways which are health enhancing in any of the following ways: (A) Assessing individual and community needs for health education; (B) Planning effective health education programs; (C) Implementing health education programs; (D) Evaluating the effectiveness of health education programs; (E) Coordinating health education services; (F) Providing resources to health education programs and practices; and (G) Communicating health and health education needs, concerns, and resources; and (6) “Provisionally certified health educator” means a person provisionally certified under this chapter to engage in the practice of health education in this state.

Ark. Code Ann. § 17-53-104 Violations.

The following acts shall constitute violations of this chapter: (1) Representing oneself to be a certified health education specialist or a certified professional health educator or using the letters CHES or CPHE or any facsimile thereof, or under such title or descriptions offering to give or giving health education services to individuals, groups, agencies, or corporations unless certified under this chapter; (2) Attempting to engage in the practice of health education without having first been certified or otherwise permitted to engage in health education activities under the provisions of this chapter; and (3) Obtaining or attempting to obtain certification or certification renewal by bribery or fraudulent representation.

Ark. Code Ann. § 17-53-105 Penalty.

Any person who violates this chapter shall be deemed guilty of a Class A misdemeanor.

Ark. Code Ann. § 17-53-106 Construction and applicability.

(a) This chapter shall not be construed to limit the professional pursuits of: (1) A health educator serving in the United States Armed Forces or the United States Public Health Service or employed by the United States Department of Veterans Affairs, provided that the person's practice of health education is related to the person's service or employment; (2) A licensed physician, pharmacist, nurse, social worker, psychologist, psychological examiner, licensed professional counselor, dietician, dental hygienist, physical therapist, or occupational therapist if the person's practice of health education is incidental to the practice of his or her profession, provided that those persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified; (3) Any person who has received a doctoral degree from an accredited United States college or university in or with a concentration in health education; (4) A nonresident health educator practicing health education in this state if: (A) The health education practice is limited to no more than one hundred eighty (180) consecutive working days; and (B) The health educator: (i) Is certified under the laws of another state that has certification requirements at least as stringent as the requirements of this state; or (ii) Has met qualifications as specified in this chapter for the practice of health education; (5) A teacher of health education in an elementary or secondary school who meets the certification requirements as set forth by the Division of Elementary and Secondary Education; (6) A health educator who engages in the practice of health education in a hospital licensed by the State of Arkansas; (7) Any occupational safety and health professional, such as an industrial hygienist, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified; and (8) Employees who work under the guidance of a licensed physician, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified. (b) Students may engage in the practice of health education, provided that such practice is performed under the supervision of a certified health education specialist or a certified professional health educator and is part of the academic requirements leading to a degree in or with a concentration in health education. (c) Volunteers, staff, or agents working under the direction of a charitable organization registered with the office of the Attorney General or a nonprofit corporation may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator”, unless so certified. (d) Employees of nursing homes may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (e) Community volunteers may conduct health education-related activities, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (f) When invited by school officials, parents or volunteers may conduct health education-related activities in private or public school classrooms or assemblies, provided that such persons do not hold themselves out under the title of “certified health education specialist”, “certified professional health educator”, or “health educator” unless so certified. (g) This chapter is not intended to apply to foundations, state agencies, any other groups, and other professional boards and associations and their continuing education efforts.