Ark. Code Ann. § 17-81-101 Short title.
This chapter shall be known as the “Arkansas Chiropractic Practices Act”.
Chiropractors
Ark. Code Ann. tit. 17, ch. 81
in effectArk. Code Ann. § 17-81-102 Definitions.
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 that science and art which utilizes the inherent recuperative powers of the body and deals with the relationship between the nervous system and the spinal column, including its immediate articulations, and the role of its relationship in the restoration and maintenance of health;
(4) “Chiropractic aide” means an unlicensed member of the chiropractic team who may assist a chiropractic physician in the performance of those procedures and techniques constituting the practice of chiropractic as defined in this chapter with the exception of spinal manipulation and adjustment, provided that such assistance shall be performed under the direct supervision of a licensed chiropractic physician;
(5) “Physician” means a person authorized or licensed to practice medicine pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., a person authorized or licensed to practice chiropractic pursuant to the provisions of this chapter, and a person authorized to practice osteopathy pursuant to § 17-91-101 et seq.;
(6)(A) “Practice of chiropractic” means the engagement in the diagnosis and analysis of any interference with normal nerve transmission and expression, and the procedure preparatory to and complementary to the correction thereof by an adjustment of the articulations of the vertebral column, its immediate articulations, including spinal adjustments, spinal manipulations, and spinal mobilizations, such as any type of pressure, force, thrust, or passive movement, singular or plural, applied to the spinal vertebrae or their adjacent articulations by hand or mechanical device or by other incidental adjustments, for the restoration and maintenance of health. The practice of chiropractic includes therapy, the normal regimen, and rehabilitation of the patient for the purpose of removing any injury, deformity, or abnormality of human beings without the use of drugs or surgery.
(B) The practice of chiropractic, as authorized under the provisions of this chapter, shall not include the performance of the duties of a midwife or obstetrician, therapy by the use of ionizing radiation, incisive surgery, prescribing for or administering to any person any drug to be taken internally, or puncturing the skin for the purpose of introducing any substance into the body. Nothing herein shall prevent puncturing the skin for routine blood analysis, including red blood count, white blood count, differential and serology, in the practice of chiropractic for diagnostic purposes; and
(7) “Spinal manipulation” and “adjustment” mean the skillful or dexterous treatment whereby a corrective force or passive movement of the joint is made to realign vertebrae or articulations to their normal juxtaposition.
Ark. Code Ann. § 17-81-103 Effect on existing licenses.
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 except as provided in this chapter.
Ark. Code Ann. § 17-81-104 False advertising.
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.
Ark. Code Ann. § 17-81-105 Prosecution of violations.
(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 State Board of Chiropractic Examiners.
(b)(1) The board may also take administrative action against a person that violates this subchapter, § 5-37-505, or § 5-37-506.
(2) Upon a finding that a chiropractic physician has violated this subchapter, § 5-37-505, or § 5-37-506, the board may order:
(A) Sanctions;
(B) A license suspension; or
(C) A license revocation.
(c) The board has immunity from civil liability for any requested prosecutorial action resulting from this section.
Ark. Code Ann. § 17-81-106 Health and police rules applicable.
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 licensed physicians.
Ark. Code Ann. § 17-81-108 Rulemaking and enforcement.
The Arkansas State Board of Chiropractic Examiners shall establish rules to enforce the requirements of this chapter.
Ark. Code Ann. § 17-81-201 Creation — Members — Appointment.
(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) The Governor shall consult the Arkansas Chiropractic Physicians Association and the Arkansas Chiropractic Society before making an appointment under this subdivision (b)(2).
(3)(A) Two (2) members of the board shall not be actively engaged in or retired from the profession of chiropractic.
(B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall be the representative of the elderly.
(C) Both members shall be appointed from the state at large subject to confirmation by the Senate.
(D) The two (2) positions may not be held by the same person.
(E) Both shall be full voting members.
(c) When a vacancy occurs on the board for any reason, the vacancy may be filled by appointment by the Governor for the unexpired term. Vacancies of professional members may be filled from a list of three (3) names of qualified chiropractors submitted by the various chartered chiropractic state organizations.
Ark. Code Ann. § 17-81-202 Members — Qualifications.
(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 file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment.
(b) Each professional member shall possess the following additional qualifications:
(1) The member must be a graduate of a reputable school or college of chiropractic. However, no more than two (2) members of the board shall be graduates of the same school or college of chiropractic; and
(2) The member must have been a regularly licensed and practicing chiropractor in Arkansas for a period of five (5) years next preceding the date of his or her appointment.
Ark. Code Ann. § 17-81-203 Members — Liability.
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 dismissed with prejudice at the cost of the plaintiff.
Ark. Code Ann. § 17-81-204 Organization — Meetings.
(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 elected shall hold office for a period of one (1) year or until their successors are elected and have qualified.
(c)(1) It shall be the duty of the board to meet regularly one (1) time in every six (6) months for the purpose of conducting the business of the board.
(2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Chiropractic Examiners or by the Secretary of the Arkansas State Board of Chiropractic Examiners on the request of any two (2) members of the board.
(3) Four (4) members shall constitute a quorum at any meeting of the board.
(d) The board shall determine by its own rules the time and manner of giving notice to its members.
(e) Any action of the board, except the issuance of temporary licenses, shall require an affirmative vote of a majority of the full membership of the board.
Ark. Code Ann. § 17-81-205 Minutes — Records.
(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 chapter together with a record of the action of the board thereon.
(b) The director shall also keep a roll of the names of all licensed and deceased chiropractors who have been licensed to practice in the State of Arkansas.
(c) The record shall at all reasonable times be open for public inspection.
Ark. Code Ann. § 17-81-206 Duties and powers.
(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, 25-16-902, and 25-16-904 — 25-16-908.
(3) All of the disbursements provided for in this section shall be out of the fees and fines collected by the board.
(b) The board is authorized to:
(1) Promulgate suitable rules for carrying out its duties under the provisions of this chapter;
(2) Sue and be sued;
(3) Have an official seal which shall bear the words “Arkansas State Board of Chiropractic Examiners”;
(4) Provide a Secretary of the Arkansas State Board of Chiropractic Examiners' certificate. The certificate of the secretary of the board under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the board and shall likewise be accepted in the courts of the state as the best evidence as to the registration and nonregistration of any person under the requirements of this chapter;
(5) Adopt and, from time to time, revise such rules not inconsistent with the law as may be necessary to enable it to carry into effect the provisions of this chapter;
(6) Cause the prosecution of all persons violating this chapter and have power to incur necessary expenses therefor;
(7) Keep a record of all its proceedings;
(8) Employ a Director of the Arkansas State Board of Chiropractic Examiners, in consultation with the Secretary of the Department of Health, as may be necessary to carry out the work of the board, who shall have their duties and compensation prescribed by the board within appropriations for that purpose;
(9) Examine, license, and renew the licenses of duly qualified applicants. The board shall have exclusive jurisdiction to determine who shall be permitted to practice chiropractic in the State of Arkansas; and
(10) Conduct disciplinary proceedings as provided in this chapter.
(c)(1) In the performance of its duties, the board may issue subpoenas for the purpose of examining into any facts or conditions properly pending before the board for action, including without limitation persons, records, or documents.
(2) All subpoenas issued by the board shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.
(3) All persons subpoenaed by the board are entitled to their pay and mileage and shall have all the other rights now provided by law for persons served with subpoenas issuing from the courts.
Ark. Code Ann. § 17-81-207 Director.
(a) Pursuant to its authority set forth in § 17-81-206(b)(8), the Arkansas State Board of Chiropractic Examiners of the Department of Health 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 State Board of Chiropractic Examiners shall collect all fees and fines on behalf of the board and submit all payment requests on behalf of the board for its state appropriations.
(2) The director shall give in writing at the annual meeting of the board a fully itemized report of his or her receipts and disbursements for the preceding year showing the amount of money on hand and shall submit reports for inspection at other times as may be requested by the board or by any of its members.
(3) Copies of the annual reports, actions of the board, and number licensed for the year, certified by the Secretary of the Arkansas State Board of Chiropractic Examiners, shall be submitted by the director to the various chiropractic professional organizations in Arkansas and the Secretary of the Department of Health.
Ark. Code Ann. § 17-81-208 Disposition of funds.
(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 the board as provided in this chapter. Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out.
(b) All funds received by the board shall be expended in the furtherance of the purposes of this chapter and the board's duties thereunder, which include, but are not limited to:
(1) The publication and distribution of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.;
(2) The publication and yearly distribution of a directory of all licensed chiropractic practitioners;
(3) Investigations of violations of this chapter;
(4) Institution of actions to compel compliance with the provisions of this chapter; and
(5) Defense of actions brought against it as a result of its actions under the provisions of this chapter.
Ark. Code Ann. § 17-81-209 Preceptorship program.
(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 supervision of a chiropractor licensed in this state.
(2) A student from a chiropractic college accredited by the Council on Chiropractic Education is eligible for a chiropractic student preceptorship program.
(b) The board shall establish by rule the standards for the:
(1) Approval of a chiropractic student preceptorship program established by an approved chiropractic college;
(2) Eligibility of a chiropractic student to be admitted to a chiropractic student preceptorship program;
(3)(A) Application process for a chiropractic student to be enrolled in a chiropractic student preceptorship program.
(B) The application process may include an application fee as determined by the board;
(4) Activities, duties, and scope of practice restrictions of a chiropractic student in a chiropractic student preceptorship program; and
(5) Identification of a chiropractic student in a chiropractic student preceptorship program.
(c) A chiropractic student preceptorship program is not considered approved by the board until the chiropractic college that has applied to establish a chiropractic student preceptorship program receives a written letter of approval from the board.
(d) All activities and duties performed by a chiropractic student in a chiropractic student preceptorship program shall be under the direct, on-site supervision of a chiropractor.
Ark. Code Ann. § 17-81-301 License required.
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.
Ark. Code Ann. § 17-81-302 Exempted activities.
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, by a chiropractor who is lawfully practicing chiropractic in another state or territory.
(B)(i) Within seven (7) days before travel described in subdivision (2)(A) of this section, the chiropractor shall send a written notice through mail or electronic means to the Arkansas State Board of Chiropractic Examiners stating at a minimum the date or dates of travel to Arkansas, who will perform the services, and where the services will be performed.
(ii) A chiropractor who submits a written notice shall also provide proof of malpractice insurance.
(C) However, if any such chiropractor performs services on a regular basis, or for his or her regular use maintains or is provided with any office or other place to meet persons for the performance of such services in the State of Arkansas, he or she shall obtain a license to practice chiropractic in the State of Arkansas;
(3) The practice of medicine and surgery, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, therapy technology, or any other branch of the healing arts as defined by the laws of this state. This chapter does not limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts; or
(4) The practice of chiropractic through a program in partnership with federal Innovative Readiness Training if the chiropractor has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.
Ark. Code Ann. § 17-81-303 Unlawful practice — Penalty — Injunction.
(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 provisions of this chapter to do so shall be guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense.
(b) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of chiropractic in a proceeding by the Arkansas State Board of Chiropractic Examiners or any member thereof, by any citizen of this state in the county in which the alleged unlawful practice occurred or in which the defendant resides, or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.
(c)(1) It is unlawful for any person other than a physician licensed to practice chiropractic under the provisions of the Arkansas Chiropractic Practices Act, § 17-81-101 et seq., or a physician licensed to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., to perform spinal mobilizations, spinal adjustments, or spinal manipulations as those terms are defined in § 17-81-102.
(2) Nothing contained in this subsection shall be construed to limit or restrict the authority of a licensed physical therapist to practice physical therapy as defined in § 17-93-102(7).
(3) Any person violating the provisions of this subsection shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), and each violation shall constitute a separate offense.
(d)(1) If the board determines after due notice and a hearing that any provision of this chapter or any rule promulgated by the board pursuant to this chapter has been violated, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation.
(2)(A) The board may file an action in Pulaski County Circuit Court to collect any civil penalty not paid within thirty (30) days of service of the order assessing the penalty unless the circuit court enters a stay of the board's order.
(B) If the board prevails in the action, the defendant shall be directed to pay reasonable attorney's fees and costs incurred by the board in prosecuting the action in addition to the civil penalty.
(3) Any person aggrieved by an action of the board imposing civil penalties may appeal the decision in the manner and under the procedure prescribed in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for appeals from administrative decisions.
Ark. Code Ann. § 17-81-304 Application — Fees.
(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 shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.
(2) The applicant must submit proof satisfactory to the board of graduation from a chartered school or college of chiropractic as herein described and file with his or her application the affidavits of at least two (2) licensed and reputable doctors of chiropractic.
(3) The application shall be accompanied by the payment of one hundred fifty dollars ($150), and fifty dollars ($50.00) for an orientation fee.
(4) The application shall be filed with the director not less than thirty (30) days before the next regular meeting of the board.
(b) If the applicant is approved, no part of the fee shall be returned, and he or she shall be issued a license to practice chiropractic in accordance with the provisions of this chapter.
(c) If the applicant is not approved, he or she shall be notified of the reasons for the disapproval.
Ark. Code Ann. § 17-81-305 Qualifications of applicants.
(a) To qualify for licensure, an applicant shall:
(1) Be at least twenty-one (21) years of age;
(2) Have successfully completed not less than a minimum of sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science;
(3) Not have had a license to practice chiropractic in any other state suspended or revoked nor have been placed on probation for any cause;
(4) Possess a valid “doctor of chiropractic” degree from a chiropractic institution whose requirements include a course of instruction of not fewer than four (4) years of nine (9) academic months each or not fewer than four thousand four hundred (4,400) fifty-minute resident class hours and include one hundred twenty (120) classroom hours of physiological therapeutics;
(5) Possess a valid National Board of Chiropractic Examiners certificate, to include Parts I, II, III, and IV and the physiological therapeutics section;
(6) [Repealed.]
(7) Not have been convicted of a felony;
(8) Not be an habitual user of intoxicants, drugs, or hallucinatory preparations;
(9) Pay the application fee as provided in § 17-81-304; and
(10) Cause a certified chiropractic college transcript or National Board of Chiropractic Examiners transcript to be submitted directly from the respective institutions.
(b) An applicant graduated, as of July 19, 1971, from a school or college of chiropractic, the requirements and course of instruction of which were equal and comparable to other recognized schools or colleges of chiropractic at the time of his or her attendance, may be acceptable.
(c) For students enrolled in any approved chiropractic school or college which may not, at the passage date of this act, meet the requirements as set forth in subdivision (a)(4) of this section, the Arkansas State Board of Chiropractic Examiners may waive the requirement in individual cases at its discretion.
Ark. Code Ann. § 17-81-307 Issuance and recording of licenses.
(a) The Arkansas State Board of Chiropractic Examiners shall issue licenses to all applicants who have been approved, paid all the required fees, and possess a valid certificate issued by the National Board of Chiropractic Examiners.
(b)(1) Each person receiving a license from the board, before practicing chiropractic, shall have the certificate recorded in the office of the county clerk of the county where he or she proposes to practice.
(2) When the licensee moves to another county for the purpose of continuing the practice of chiropractic, he or she shall file for record, with the county clerk of the county to which he or she moves, a certified copy of his or her license.
(3) The fee for each recording of each license shall be two dollars ($2.00).
(4) Each licensee shall display conspicuously in his or her principal place of business or place of employment the license issued by the board. The annual renewal certificate shall be displayed in connection with the original license.
Ark. Code Ann. § 17-81-308 Temporary licenses.
Upon satisfactory evidence being submitted to the Arkansas State Board of Chiropractic Examiners as to an applicant's ability and integrity and when no regular review of applications will be held within thirty (30) days from the date of an application for a temporary license, the board may issue to the applicant a permit to practice until the next orientation of accepted applicants if approved by at least two-thirds (2/3) of the membership of the board.
Ark. Code Ann. § 17-81-310 Orientation class.
(a) The Arkansas State Board of Chiropractic Examiners is authorized to conduct an orientation class for all new licensees.
(b) The board is authorized to include in the orientation class instruction relating to office procedures, the filing of insurance claims, and such other matters as the board may deem necessary or appropriate to equip new licensees to establish and maintain a practice and to effectively and efficiently operate and manage their offices and other facilities related to their practice of chiropractic practice.
Ark. Code Ann. § 17-81-311 Renewal — Fee.
(a)(1) The Arkansas State Board of Chiropractic Examiners may charge an annual renewal fee not to exceed three hundred dollars ($300) for the license. However, in its discretion, the board may set the renewal fee for license holders not practicing in this state, or for those inactive, at a lower fee than for those practicing in this state.
(2) The board may waive the renewal fee for all licentiates who are serving in the armed services at the time the fee is due.
(b) If the license renewal fee is not paid by January 1 of each year or within sixty (60) days from the mailing of notice by the board, whichever is the later date, the license shall automatically expire and be forfeited. The license can only be reinstated upon payment of all sums due, and, in its discretion, the board may assess the delinquent holder an additional sum as a penalty.
(c) A renewal fee will be considered “paid” pursuant to this section if it is received in the board office or postmarked on or before the date the fee is due. If a license expires and is forfeited because the renewal fee is not paid on time, the license may be reinstated upon payment of the delinquent fee due, payment of a penalty of two hundred dollars ($200), and complying with the continuing education requirements of § 17-81-312.
(d) Failure of the licensee to receive the renewal form shall not relieve him or her of the duty to renew his or her license and pay the fee required by this chapter.
Ark. Code Ann. § 17-81-312 Renewal — Education requirement.
(a) The Arkansas State Board of Chiropractic Examiners shall not renew the license of any person actively engaged in practice within the State of Arkansas unless the person presents to the board evidence of attendance during the preceding twelve (12) months at:
(1) An approved educational session or sessions of not less than twenty-four (24) hours' duration conducted by an approved chiropractic institution of learning or by some association approved by the board for the teaching of chiropractic philosophy and scientific courses pertaining to the profession; or
(2) An educational course conducted by the board.
(b)(1) The board may waive the requirement upon being presented a certificate from the doctor in charge that the license holder was physically unable on account of sickness or injury, or upon a showing that the license holder was in military service, when the course was conducted within this state during the preceding twelve (12) months.
(2) The board may waive the requirement for any other valid reason.
(3) Any person who is initially licensed in January shall be required to complete twenty-four (24) hours of continuing education by December 31 of that year, and each year thereafter comply with subdivision (a)(1) of this section.
(4) Any person who is initially licensed in July shall submit a certificate of attendance of a minimum of twelve (12) hours of continuing education program approval by the board. Each year thereafter the doctor shall submit a certificate of attendance of completion of twenty-four (24) hours of continuing education seminars by December 31 of each year.
(c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license.
Ark. Code Ann. § 17-81-313 Disciplinary proceedings — Revocation or suspension.
(a) The Arkansas State Board of Chiropractic Examiners shall have sole authority over licensed chiropractors to levy a civil penalty of not more than five thousand dollars ($5,000) nor less than one thousand dollars ($1,000) for each violation, to deny, place under probation, suspend, or revoke any license to practice chiropractic issued by the board or applied for in accordance with the provisions of this chapter, or otherwise to discipline a licensee upon proof that the person:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice chiropractic;
(2) Is guilty of crime or gross immorality;
(3) Is unfit or incompetent by reason of negligence, habits, or other causes;
(4) Is habitually intemperate or is addicted to the use of habit-forming drugs;
(5) Is mentally incompetent;
(6) Is guilty of unprofessional conduct;
(7) Is guilty of fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or
(8) Has willfully or repeatedly violated any of the provisions of this chapter.
(b) Proceedings under this section shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 17-81-314 Reinstatement.
(a) A chiropractic license which has been revoked for repeated violation of any of the causes enumerated in § 17-81-313 shall not be eligible for reinstatement.
(b)(1) A license which has been suspended may be reinstated upon expiration of the period of suspension and upon satisfactory assurance of proper conduct, by notarized statement of intent, by the suspended licensee.
(2) The statement of intent shall be filed with the Secretary of the Arkansas State Board of Chiropractic Examiners at least thirty (30) days before the expiration of the period of suspension, accompanied by a fee of fifty dollars ($50.00) if the period of suspension is less than a year, and additionally by the regular yearly renewal fee if the period of suspension exceeds twelve (12) months.
(3) All fees shall be paid by certified check or postal money order.
Ark. Code Ann. § 17-81-315 Professional titles.
(a) Each holder of a license under the provisions of this chapter shall be privileged to use after his or her name:
(1) Any of the following terms: “Doctor of Chiropractic”; “Chiropractic Physician”; “Chiropractor”; and “D.C.”; and
(2) The use of titles from any special certification issued through courses or seminars of instruction for professional learning by colleges conducting or sponsoring such courses or seminars holding status with the Council on Chiropractic Education or those titles issued in like manner, not excluding honorary titles, by instruction and sponsored by the International Chiropractors Association or the American Chiropractic Association.
(b) Nothing in this section shall exclude the use of titles issued by colleges or universities accredited by the United States Department of Education granting degrees such as B.S., M.S., M.A., Ph.D., or other similar degrees.
Ark. Code Ann. § 17-81-316 Chiropractic extern program.
(a) The Arkansas State Board of Chiropractic Examiners may establish a chiropractic extern program to allow chiropractic graduates to practice in a licensed chiropractor's office until the graduate is licensed to practice chiropractic in this state.
(b) Any graduate from a chiropractic school accredited by the Council on Chiropractic Education or similar government-approved organization is eligible to be involved in the extern program for a maximum of two (2) years from the date of graduation.
(c) Any licensed chiropractor may serve as a preceptor in the extern program upon satisfying criteria established by the board.
(d)(1) Applications to participate in the chiropractic extern program as a preceptor or an extern shall be made to the board in writing on forms furnished by the board.
(2) Each preceptor shall submit a registration fee of one hundred dollars ($100) with the application.
(3) Each extern shall submit a registration fee of fifty dollars ($50.00) with the application.
(4) Each extern shall pay tuition of twenty-five dollars ($25.00) per month for each month the extern is participating in the extern program.
(5) Each extern shall be fairly compensated for his or her services by the preceptor.
(e)(1) Chiropractic externs may assist chiropractors in the performance of those duties that are lawful and ethical, including, but not limited to, physical examinations, patient consultations, X-ray examinations, specific chiropractic adjustment procedures, and physical therapeutic approaches, as appropriate.
(2) Chiropractic externs may not diagnose a condition nor prescribe a healthcare regimen, nor sign insurance forms or any other forms which require a licensed chiropractor's signature.
(3) All duties of a chiropractic extern shall be performed under the direct supervision of a licensed chiropractor.
Ark. Code Ann. § 17-81-317 Reactivation of lapsed license.
(a) Any licensee who allows his or her license to lapse by failing to renew the license as provided under § 17-81-311 may apply to the Arkansas State Board of Chiropractic Examiners for a reinstatement of his or her license and must submit to the board a reinstatement fee of twenty-five dollars ($25.00) together with all back fees, plus proof of compliance with the continuing education requirements of § 17-81-312.
(b) The delinquent licensee must obtain verification from all states in which he or she has practiced indicating whether or not disciplinary action has been taken against the licensee during that period.
(c) If the licensee's license has been inactive for a period of five (5) years, as a condition of reactivation the board may require the licensee to enroll in and pass a refresher course approved by the board at an accredited chiropractic college or to pass a competency exam given by the board.
Ark. Code Ann. § 17-81-318 Criminal background check.
(a)(1) Each applicant for a license issued by the Arkansas State Board of Chiropractic Examiners is required to apply to the Identification Bureau of the Division of Arkansas State Police for a state and federal criminal background check to be conducted by the Identification Bureau and the Federal Bureau of Investigation.
(2) A license shall not be issued to an applicant until the board receives and approves the state and federal criminal background check.
(b) The criminal background check shall conform to applicable federal standards that are in effect on January 1, 2017, and shall include the taking of fingerprints.
(c) The applicant shall sign a release of information to the board and shall be responsible to the Division of Arkansas State Police for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the Identification Bureau shall forward to the board all releasable information obtained concerning the applicant in the commission of any offense listed in subsection (e) of this section.
(e) Except as provided in subsection (f) of this section, a person shall not receive or hold a license issued by the board if the person has been convicted of or pleaded guilty or nolo contendere to any felony listed under § 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or untrustworthiness, or is a registered sex offender or required to register as a sex offender.
(f)(1) The provisions of subsection (e) of this section may be waived by the board upon the request of:
(A) An affected applicant for licensure; or
(B) The person holding a license subject to sanctions.
(2) Circumstances for which a waiver may be granted shall include without limitation:
(A) The age at which the crime was committed;
(B) The circumstances surrounding the crime;
(C) The length of time since the crime was committed;
(D) Subsequent work history;
(E) Employment references;
(F) Character references; and
(G) Other evidence demonstrating that the applicant does not pose a threat to the public.
(g)(1) Information received by the board from the Identification Bureau or the Federal Bureau of Investigation under this section shall not be available for examination except by:
(A) The affected applicant for licensure or his or her authorized representative; or
(B) The person whose license is subject to revocation or his or her authorized representative.
(2) A record, file, or document shall not be removed from the custody of the division.
(h) Information made available to the affected applicant for licensure or the person whose license is subject to revocation shall pertain to that person only.
(i) Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than the background check.
(j) The board may adopt rules to fully implement this section.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026