Ark. Code Ann. § 17-99-101 Short title.
This chapter shall be cited as the “Arkansas Respiratory Care Act”.
Respiratory Care Practitioners
Ark. Code Ann. tit. 17, ch. 99
in effectArk. Code Ann. § 17-99-103 Penalty — Injunction.
(a) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, that person shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than six (6) months, or by both fine and imprisonment. Each day of violation shall constitute a separate offense.
(b) The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of respiratory care in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution.
Ark. Code Ann. § 17-99-201 Medical board — Powers and duties.
(a) The Arkansas State Medical Board shall administer the provisions of this chapter.
(b) The board, with the advice and assistance of the Arkansas State Respiratory Care Examining Committee, shall:
(1) Pass upon the qualifications of applicants for licensure;
(2) Provide for a nationally standardized examination;
(3) Determine the applicants who successfully pass the examinations; and
(4) License those applicants who meet the qualifications provided in this chapter.
(c) In addition to the other powers and duties set out elsewhere in this chapter, the board shall:
(1) Adopt and put into effect rules to carry this chapter into effect;
(2) Investigate reported violations of this chapter, and take such steps as may be necessary to enforce the chapter;
(3)(A) Keep a record of its proceedings and a record of all persons registered under this chapter.
(B) The register shall show:
(i) The name of every registrant;
(ii) His or her last known place of business;
(iii) His or her last known place of residence; and
(iv) The date and number of his or her license;
(4)(A) Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas.
(B) It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list;
(5)(A) With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician.
(B) Rules shall be adopted defining for the purposes of this chapter the terms “students”, “limited”, “supervision”, and “approved training programs”; and
(6) With the advice and assistance of the committee, adopt rules for the issuance of licenses for respiratory care practitioners and put them into effect.
Ark. Code Ann. § 17-99-202 Medical board — Meetings.
(a) The Arkansas State Medical Board shall hold its regular meetings on the fourth Thursday in November and the fourth Thursday in June and shall have the power to call special meetings at such times as it deems necessary.
(b) It may meet at such places as a majority may agree upon, consulting the convenience of the board and applicants for examination and certificates.
Ark. Code Ann. § 17-99-203 Arkansas State Respiratory Care Examining Committee.
(a) There is created the Arkansas State Respiratory Care Examining Committee to assist the Arkansas State Medical Board in carrying out the provisions of this chapter.
(b) The committee shall consist of five (5) members appointed by the Governor for a term of three (3) years:
(1)(A) One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate.
(B) The Governor shall appoint that member after consulting the board;
(2)(A) One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate.
(B) The Governor shall appoint that member after consulting the board; and
(3)(A) Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate.
(B) The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc.
(c)(1) The committee shall meet with the board at its regular meetings and assist in conducting all examinations and shall have the power to call special meetings at such times as it deems necessary.
(2) A majority of the committee shall have the power to call a special meeting.
Ark. Code Ann. § 17-99-204 Board responsibility for finances — Compensation for committee.
(a) All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board and shall be expended by it in furtherance of the purposes of this chapter and in accordance with the provisions of § 17-95-305.
(b) The members of the Arkansas State Respiratory Care Examining Committee may receive expense reimbursement in accordance with § 25-16-901 et seq.
(c) It shall not be lawful for the board or any member of the board, in any manner whatever or for any purpose, to charge or obligate the State of Arkansas for the payment of any money whatever.
Ark. Code Ann. § 17-99-205 Continuing education.
The Arkansas State Medical Board, in cooperation with the Arkansas Society for Respiratory Care, Inc., shall develop and implement rules for continuing education.
Ark. Code Ann. § 17-99-301 License required — Exceptions.
(a) It shall be unlawful for any person to practice respiratory care or to profess to be a respiratory care practitioner or to use any initials, letters, words, abbreviations, or insignia which indicate that he or she is a respiratory care practitioner, or to practice or to assume the duties incident to respiratory care, without first obtaining from the Arkansas State Medical Board a license authorizing the person to practice respiratory care in this state.
(b)(1) Nothing in this chapter shall be deemed to prohibit any person licensed under any act in this state from engaging in the practice for which he or she is licensed.
(2)(A) A licensed physician or a licensed advanced practice nurse shall be exempt from the requirement of obtaining a license to practice respiratory care.
(B) A licensed registered nurse or a licensed practical nurse qualified in and engaged in respiratory care under the supervision of a licensed physician or a licensed advanced practice nurse within the terms of their collaborative agreement shall be exempt from the requirement of obtaining a license to practice respiratory care.
(C) A licensed allied health practitioner who passes an examination that included content in one (1) or more of the functions included in the definition of respiratory care in § 17-99-102 shall not be prohibited from performing such procedures for which he or she was tested.
(3) Nothing in this chapter shall be construed to prohibit or to require a license hereunder with respect to:
(A) The rendering of services in case of an emergency or acute care situation;
(B) The administration of oxygen or other resuscitation procedures to participants in or spectators at athletic events;
(C) Any person pursuing a course of study leading to a degree or certificate in respiratory care at an accredited or approved educational program approved by the Arkansas State Respiratory Care Examining Committee, if the activities and services constitute a part of the supervised course of study and the person is designated by a title which clearly indicates the student or trainee status;
(D) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care practitioner;
(E) The respiratory care practitioner who demonstrates advances in the art and techniques of respiratory care learned through formalized or specialized training;
(F) Any person working in the military service or federal healthcare facilities when functioning in the course of his or her assigned duties;
(G)(i) Any person who has demonstrated his or her competency in one (1) or more areas covered by this chapter who performs only those functions that the person is qualified by examination to perform.
(ii) The committee and the board shall have the authority to evaluate the standards of examinations and examining organizations and to reject qualification by inadequate examinations and examining organizations;
(H) Medically trained personnel employed in a designated critical access hospital licensed as such by the Department of Health; and
(I) The practice of respiratory care, when done in connection with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means of healing.
Ark. Code Ann. § 17-99-302 Qualifications and examination of applicants — Fees — Waiver.
(a) The Arkansas State Medical Board shall register as a respiratory care practitioner and shall issue a license to:
(1) Any person who satisfactorily passes the examination provided for in this chapter, and who otherwise meets the requirements for qualification contained herein and pays a fee not to exceed one hundred fifty dollars ($150);
(2) Any person who furnishes sufficient and satisfactory written evidence to the Arkansas State Medical Board that the person has received registration or certification, or both, by the National Board for Respiratory Care, Inc. or its successor organization and who, at the time of his or her application, shall pay the Arkansas State Medical Board a fee not to exceed one hundred fifty dollars ($150); and
(3)(A) Any person, whether or not he or she has passed the examination provided for in this chapter, who through a notarized affidavit submitted to the Arkansas State Medical Board by January 1, 2002, demonstrates that he or she has been engaged in the practice of respiratory care for at least two (2) years during the three (3) consecutive years before September 1, 2001, and who submits an application and a fee not to exceed one hundred fifty dollars ($150).
(B) Any person licensed under this provision must complete the entry level requirements for certification in respiratory care and, no later than January 1, 2005, must pass the examination provided for in this chapter.
(b) Each applicant shall:
(1) Be at least eighteen (18) years of age;
(2) Have been awarded a high school diploma or its equivalent;
(3) Have satisfactorily completed training in a respiratory care program which has been approved by the Arkansas State Respiratory Care Examining Committee, to include adequate instruction in basic medical science, clinical science, and respiratory care theory and procedures; and
(4) Have passed an examination approved by the Arkansas State Medical Board and the committee, unless exempted by other provisions of this chapter.
(c) All examinations of applicants for a license to practice respiratory care shall be held in designated areas of the state at a time and place published by the Arkansas State Medical Board.
(d) Applicants shall be given written examinations on the following subjects:
(1) Clinical data;
(2) Equipment; and
(3) Therapeutic procedures.
(e)(1) A fee not to exceed the prevailing rate set by the National Board for Respiratory Care, Inc., or its successor organization must accompany the application.
(2) The Arkansas State Medical Board shall not increase or set assessed fees exceeding the amounts in this section.
(3) If the Arkansas State Medical Board determines in its discretion that a reduction is in the best interest of the state, the Arkansas State Medical Board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
Ark. Code Ann. § 17-99-303 Issuance and recording.
(a) The Arkansas State Medical Board shall register as a respiratory care practitioner each applicant who provides evidence of his or her fitness for licensure under the terms of this chapter.
(b) It shall issue to each person registered a license, which shall be prima facie evidence of the right of the person to practice respiratory care, subject to the conditions and limitations of this chapter.
(c) Proof of licensure must be made upon request.
(d)(1) Whenever the board determines for any reason not to issue a license, it shall enter an order denying the application.
(2) Whenever the board determines for any reason to suspend, revoke, or refuse to renew a license, it shall enter an order taking that action.
(e) All review proceedings shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 17-99-304 Reciprocity.
(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for registration and licensure were at the time of his or her registration or licensure equal to the requirements contained in this chapter may be registered and issued a license by the Arkansas State Medical Board if the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board.
(b) The issuance of the license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide rules governing such admission as it may deem necessary or desirable.
Ark. Code Ann. § 17-99-305 Temporary permits.
(a) In cases of emergency, the Executive Director of the Arkansas State Medical Board may issue a temporary permit without examination to practice respiratory care to persons who are not licensed in other states, but who otherwise meet the qualifications for licensure set out in this chapter.
(b) Such emergency temporary license shall expire at the date of the next Arkansas State Medical Board meeting, unless the board ratifies or extends the action of the executive director.
Ark. Code Ann. § 17-99-306 Annual registration — Failure to reregister.
(a)(1) A license or reregistration fee not to exceed fifty dollars ($50.00) shall be paid to the Arkansas State Medical Board by each respiratory care practitioner who holds a license to practice respiratory care in the State of Arkansas.
(2) The reregistration fee shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated.
(3) Failure to reregister and pay the fee by the last day of the birth month of the license holder shall cause the license of any person so failing to reregister to expire automatically.
(b)(1) Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty not to exceed fifty dollars ($50.00) for each year or part of a year it has been delinquent.
(2) Any person who shall fail to reregister and pay the annual license fee for five (5) or more consecutive years shall be required to be reexamined by the board before the license may be reinstated.
(c)(1) The board shall not increase or set assessed fees exceeding the amounts in this section.
(2) If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
Ark. Code Ann. § 17-99-307 Denial, suspension, or revocation — Grounds.
The Arkansas State Medical Board, after due notice and hearing, may revoke, suspend, or refuse to renew any license or permit or place on probation or otherwise reprimand a licensee or permit holder or deny a license to an applicant who:
(1) Is habitually drunk or who is addicted to the use of narcotic drugs;
(2) Is, in the judgment of the board, guilty of immoral or unprofessional conduct;
(3) [Repealed.]
(4) Is guilty, in the judgment of the board, of gross negligence in his or her practice as a respiratory care practitioner;
(5) Has obtained or attempted to obtain registration by fraud or material misrepresentation;
(6) Has treated or undertaken to treat ailments of human beings other than by respiratory care and as authorized by this chapter or who has undertaken to practice independently of the prescription and direction of a licensed physician; or
(7) Has been found to have violated any provisions of this chapter or rules of the Arkansas State Respiratory Care Examining Committee or board.
Ark. Code Ann. § 17-99-308 Denial, suspension, or revocation — Procedure.
(a) The procedure on all refusals, revocations, and suspensions of registration shall be prescribed by the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
(b)(1) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice respiratory care in this state charging the person with having violated the provisions of § 17-99-307.
(2) The complaint shall set forth a specification of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged.
(3) When the complaint is filed, the Executive Director of the Arkansas State Medical Board shall mail a copy to the accused by registered mail at his or her last address of record, with a written notice of the time and place of hearing, advising him or her that he or she may be present in person and by counsel, if he or she so desires, to offer evidence and be heard in his or her defense.
(c)(1) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his defense.
(2) The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath.
(d)(1) Appeal may be had by either of the parties from the decision of the board as now provided by law.
(2) All evidence considered by the board shall be reduced to writing and available for the purposes of appeal.
(e) Nothing in this section shall be construed so as to deprive any person of his or her rights without full, fair, and impartial hearing.
Ark. Code Ann. § 17-99-309 Out-of-state licenses.
(a) A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for licensure were equal at the time of his or her licensure to the requirements contained in this chapter may be licensed by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons licensed in the State of Arkansas by the board.
(b) The issuance of a license by reciprocity by the board shall be at the sole discretion of the board.
Ark. Code Ann. § 17-99-310 Medical director — Powers and duties.
A qualified medical director shall:
(1) Be readily available to respiratory care practitioners employed by or providing services for the organization he or she directs; and
(2) Establish a policy that prohibits any person from ordering respiratory care for a patient, except a physician who has medical responsibility for the patient.
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