Physicians and Surgeons

Ark. Code Ann. tit. 17, ch. 95

in effect

Ark. Code Ann. § 17-95-101 “Good Samaritan” law — Definition.

(a) Any healthcare professional under the laws of the State of Arkansas who in good faith lends emergency care or assistance without compensation at the place of an emergency or accident is not liable for any civil damages for acts or omissions performed in good faith so long as any act or omission resulting from the rendering of emergency assistance or services was not grossly negligent or willful misconduct. (b) Any person who is not a healthcare professional who is present at an emergency or accident scene and who: (1) Believes that the life, health, and safety of an injured person or a person who is under imminent threat of danger could be aided by reasonable and accessible emergency procedures under the circumstances existing at the scene thereof; and (2) Proceeds to lend emergency assistance or service in a manner calculated in good faith to lessen or remove the immediate threat to the life, health, or safety of such a person, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of emergency assistance or services unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (c)(1) A person who, without compensation, renders suicide prevention interventions at the scene of a threatened suicide, for and at the request of a nonprofit organization, is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (2) A nonprofit organization that requests, sponsors, or participates in the providing of services under circumstances described in subdivision (c)(1) of this section is not liable for civil damages in any action in this state for any act or omission resulting from the rendering of suicide prevention intervention unless the act or omission was not in good faith and was the result of gross negligence or willful misconduct. (d) A healthcare professional who in good faith and without compensation renders voluntary emergency assistance to a participant in a school athletic event or contest at the site thereof or during transportation to a healthcare facility for an injury suffered in the course of the event or contest is not liable for any civil damages as a result of any acts or omissions by that healthcare professional in rendering the emergency care. The immunity granted by this subsection shall not apply in the event of an act or omission constituting gross negligence. (e) For the purposes of this section, “healthcare professional” means a licensed physician, chiropractic physician, dentist, optometric physician, podiatric physician, and any other licensed healthcare professional.

Ark. Code Ann. § 17-95-102 Legend drugs.

(a) As used in this section, a "dispensing physician" means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who purchases legend drugs to be dispensed to his or her patients for the patients' personal use and administration outside the physician's office. (b) This section does not apply to physicians who only dispense drugs in injectable form unless they are controlled substances, in which case the section shall fully apply. (c) The dispensing physician shall: (1) Personally dispense legend drugs, and the dispensing of such drugs may be delegated; (2)(A) Keep records of all receipts and distributions of legend drugs. (B) The records shall be subject to inspection by the proper enforcement authority and shall be readily accessible for inspection and maintained in a central registry; and (3) Label legend drugs with the following information: (A) Patient's name and address; (B) Prescribing physician's address and narcotic registry number issued by the United States Drug Enforcement Administration or national provider identification number; (C) Date of dispensing; and (D) Directions and cautionary statements, if any, as required by law. (d)(1) A physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall not dispense legend drugs without prior approval by the Arkansas State Medical Board after application to the Arkansas State Medical Board and on the showing of need. (2) Licensed physicians who were dispensing in the ordinary course of their practice before April 12, 2013, shall be exempt from the requirements of this subsection. (3) The Arkansas State Medical Board shall determine whether need exists for a physician to dispense a specific legend drug to the physician's patient for a patient's personal use and administration outside of the physician's office based on such information as is necessary for the Arkansas State Medical Board to determine: (A) The legend drug or drugs that the physician requests to dispense; (B) The ability of a physician's patient to obtain the legend drug from other medical professionals; (C) The availability of the legend drug to be prescribed by the physician; (D) The hours at which the legend drug may be obtained from other medical professionals; (E) The distance the physician's patient must travel to obtain the legend drug from other medical professionals; (F) Whether the physician has been investigated by the Arkansas State Medical Board concerning the improper prescribing or use of a legend drug; (G) Whether the physician has a financial relationship with the manufacturer of a legend drug that would create the appearance of a conflict of interest; (H) Whether the physician dispensing a legend drug will foster cost containment through improved efficiency and productivity; and (I) The procedures the physician has implemented to: (i) Assure compliance with the requirements of subsection (c) of this section; (ii) Monitor and guard against potential drug interactions; (iii) Store and safeguard the legend drugs; and (iv) Comply with the Prescription Drug Monitoring Program Act, § 20-7-601 et seq., concerning the reporting requirements to the Prescription Drug Monitoring Program. (4) This section does not apply to a prescription for: (i) A topical medication; (ii) Naloxone; (iii) Nicotine replacement therapy products; (iv) Contraceptives; (v) Acute care medication; or (vi) Initial treatment for maintenance medication. (e)(1) The Arkansas State Medical Board shall enforce the provisions of this section and is authorized and directed to adopt rules to carry out the purpose of this section. (2) The Arkansas State Medical Board shall adopt rules for physician dispensing that, at minimum, meet the same requirements for dispensing and oversight established by the Arkansas State Board of Pharmacy. (f) As used in this section: (1)(A) "Acute care medication" means a legend drug that is not a controlled substance and is prescribed for no more than fourteen (14) days of therapy. (B) "Acute care medication" includes the following oral medications: (i) Medications to treat infections; (ii) Anti-inflammatory medications; (iii) Antinausea medications; (iv) Antihistamines; and (v) Cough medications; (2) "Initial treatment" means the first prescription written for a specific prescription medication intended to initiate therapy on the medication; and (3) "Maintenance medication" means a legend drug that: (A) Is not a controlled substance; (B) Is prescribed for no more than thirty (30) days; and (C) Is used to treat one (1) of the following medical conditions: (i) Hypertension; (ii) Diabetes mellitus; or (iii) Hypercholesterolemia.

Ark. Code Ann. § 17-95-103 Notice of malpractice claims.

(a) Every physician licensed to practice medicine and surgery in the State of Arkansas, within ten (10) days after the receipt or notification of a claim or filing of a lawsuit against him or her charging him or her with medical malpractice, shall notify the Arkansas State Medical Board of the claim or lawsuit. The notice shall be sent by registered letter to the office of the board and upon such forms as may be approved by the board. If the malpractice claim is in the form of a complaint in a filed lawsuit, a copy of the complaint shall be furnished to the board along with the notification required by this section. (b) The reports required to be filed by physicians under this section shall be privileged and shall not be open for public inspection except upon order of a court of competent jurisdiction. (c) The board is authorized and directed to prepare and adopt such rules as are necessary and proper to assure compliance with the provisions of this section.

Ark. Code Ann. § 17-95-104 Hospital's duty to report physician misconduct.

(a)(1) A hospital licensed by or under the jurisdiction of the State of Arkansas, within sixty (60) days after taking such action as described in this section, shall report in writing to the Arkansas State Medical Board the name of any member of the medical staff or any other physician practicing in the hospital whose hospital privileges have been revoked, limited, or terminated for any cause, including resignation, together with pertinent information relating to the action. (2) The hospital shall also report any other formal disciplinary action concerning any such physician taken by the hospital upon recommendation of the medical staff relating to professional ethics, medical incompetence, or drug or alcohol abuse. (b) The filing of a report with the board pursuant to this section, investigation by the board, or any disposition by the board shall not, in and of itself, preclude any action by a hospital or other healthcare facility or professional society comprised primarily of physicians to suspend, restrict, or revoke the privileges or membership of such a physician. (c) No hospital or employee of a hospital reporting to the board as provided by this section shall be liable in damages to any person for slander, libel, defamation of character, or otherwise because of the report. (d) Any reports, information, or records received and maintained by the board pursuant to this section, including any such material received or developed by the board during an investigation or hearing, shall be strictly confidential. The board may only disclose any such confidential information: (1) In a disciplinary hearing before the board or in any subsequent trial or appeal of a board action or order; (2) To physician licensing or disciplinary authorities of other jurisdictions or to hospital committees located within or outside this state which are concerned with granting, limiting, or denying a physician's hospital privileges. The board shall include along with any such disclosure an indication as to whether or not the information has been substantiated; or (3) Pursuant to an order of a court of competent jurisdiction.

Ark. Code Ann. § 17-95-106 Volunteer services by retired physicians and surgeons — Immunity from liability.

(a) Retired physicians and surgeons who are still licensed to practice medicine by the Arkansas State Medical Board under the laws of the State of Arkansas, and who render medical services voluntarily and without compensation to any person at any free or low-cost medical clinic located in the State of Arkansas and registered by the State Board of Health, which accepts no insurance payments and provides medical services free of charge to persons unable to pay or provides medical services for a nominal fee, shall not be liable for any civil damages for any act or omission resulting from the rendering of such medical services, unless the act or omission was the result of the licensee's gross negligence or willful misconduct. (b) The State Board of Health is empowered to adopt such rules as it may determine necessary to provide for the registration of free or low-cost medical clinics under this section. Provided, the rules shall require that each person, patient, or client to whom medical services are provided has been fully informed before any treatment by the physician providing the services or by the staff of the medical clinic of the immunity from civil suit provisions of this section, and has acknowledged that fact in writing on a form approved or designated by the Department of Health. (c) The State Board of Health and its members, and the department and its agents and employees, are exempt and immune from liability for any claims or damages when performing their duties pursuant to this section. (d) The provisions of this section shall not affect the Arkansas Volunteer Immunity Act, § 16-6-101 et seq.

Ark. Code Ann. § 17-95-108 Informed consent required for gastric bypass surgery.

(a) No gastric bypass surgery may be performed in this state unless the physician who will perform the surgery has informed the patient in writing, as evidenced by the patient's signature, of the known risks and complications of the procedure, including, but not limited to: (1) The surgery itself; (2) All known and documented future complications that may occur as a result of the procedure; (3) Side effects that may result from vitamin deficiency and malnutrition; and (4) The requirements for appropriate follow up. (b)(1) The Arkansas State Medical Board shall promulgate rules to enforce this section . (2) The rules shall utilize scientifically accepted information from national medical specialty boards, organizations, or governmental agencies in determining the specific content and lists of complications or side effects, or both, that must be included in the informed consent.

Ark. Code Ann. § 17-95-201 Short title.

Sections 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be known as the “Arkansas Medical Practices Act”.

Ark. Code Ann. § 17-95-202 Definitions.

As used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.: (1) “Active” means actively engaged in the full-time practice of medicine; (2) “Office-based surgery” means surgery that: (A) Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health; (B) Requires the use of general or intravenous anesthetics; and (C) In the opinion of the physician, does not require hospitalization; and (3) “Practice of medicine” means: (A) Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever; (B) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever; (C) Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind; (D) Using the title “M.D.”, “M.B.”, “D.O.”, “physician”, “surgeon”, or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts; (E) Performing any kind of surgical operation upon a human being; or (F) Delegating certain medical practices to other personnel under rules adopted by the board. (4) "Healthcare provider" means a healthcare professional, healthcare facility, or entity licensed or certified to provide healthcare services in this state as recognized by the Arkansas State Medical Board; and (5) "Medically underserved population" means the same as defined in 42 U.S.C. § 254b, as existing on January 1, 2025.

Ark. Code Ann. § 17-95-203 Exemptions.

Nothing herein shall be construed to prohibit or to require a license with respect to any of the following acts: (1) The gratuitous rendering of services in case of emergency; (2) The rendering of services in this state by a physician lawfully practicing medicine in another state or territory, provided that the physician must possess a license to practice medicine in this state if he or she: (A) Does not limit such services to an occasional case; (B) Has any established or regularly used hospital connections in this state; or (C) Maintains or is provided with for his or her regular use any office or other place for the rendering of those services; (3) The practice of the following professions, as defined by the laws of this state, which the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., is not intended to limit, restrict, enlarge, or alter the privileges and practice of, as provided by the laws of this state: (A) Dentistry; (B) Podiatry; (C) Optometry; (D) Chiropractic; or (E) Cosmetology; (4) The practice of Christian Science, with or without compensation; (5) The performance by commissioned medical officers of the United States Armed Forces or of the United States Public Health Service or of the United States Department of Veterans Affairs of their lawful duties in this state as officers; (6) The rendering of nursing services by registered or other nurses in the lawful discharge of their duties as such; (7) The rendering of services by students, interns, residents, or fellows in a transitional year, residency, or fellowship training program approved by the American Medical Association, Accreditation Council for Graduate Medical Education, American Osteopathic Association, the State Board of Health, or the United States Government; (8) As defined and limited by the laws of this state, the performance of the duties of a: (A) Physical therapist; or (B) Massage therapist; (9) The domestic administration of family remedies; (10) The practice of lay midwifery as defined in the Licensed Lay Midwife Act, § 17-85-101 et seq.; (11)(A) The practice of medicine within the scope of a physician's duties as an employee of the United States Bureau of Prisons, if the physician has obtained a license to practice from Arkansas or any other state, territory, the District of Columbia, or Canada. (B) A physician authorized to practice under subdivision (11)(A) of this section may provide medical treatment or services only to inmates and shall not provide medical treatment or services to other employees of the United States Bureau of Prisons or any other person; or (12) The practice of medicine through a program in partnership with federal Innovative Readiness Training if the physician has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia.

Ark. Code Ann. § 17-95-204 Perjury.

Any person who shall willfully and knowingly make any false statement to the Arkansas State Medical Board concerning his or her qualifications or authority to practice medicine shall be deemed guilty of perjury and punished as provided by law for those guilty of perjury. Such a person may be indicted and tried for such an offense, either in the county where the affidavit to the statement was made or where the person resides.

Ark. Code Ann. § 17-95-206 Out-of-state physicians.

(a) A physician who is physically located outside this state but who through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state, including the performance or interpretation of an X-ray examination or the preparation or interpretation of pathological material that would affect the diagnosis or treatment of the patient, is engaged in the practice of medicine in this state for the purposes of this chapter and is subject to this chapter and to appropriate rules promulgated by the Arkansas State Medical Board. (b) This section does not apply to: (1) The acts of a medical specialist located in another jurisdiction who provides only episodic consultation services; (2) The acts of a physician located in another jurisdiction who is providing consultation services to a medical school; (3) Decisions regarding the approval of coverage under any insurance or health maintenance organization plan; (4) A service to be performed which is not available in the state; (5) A physician physically seeing a patient in person in another jurisdiction; or (6) Other acts exempted by the board by rule.

Ark. Code Ann. § 17-95-207 Temporary license for out-of-state physicians.

Any physician who seeks licensure in this state pursuant to the requirements of § 17-95-206 , upon submission of the proper credentialing documents to the Arkansas State Medical Board, shall be issued a temporary license to practice medicine in this state until such time as final action is taken by the board on the physician's application.

Ark. Code Ann. § 17-95-208 Rules on physician's authority to delegate.

(a) The Arkansas State Medical Board shall adopt rules that establish standards to be met and procedures to be followed by a physician or a physician assistant with respect to the delegation of the performance of medical practices to a qualified and properly trained employee who is not licensed or otherwise specifically authorized by the Arkansas Code to perform the practice. (b) The rules adopted under subsection (a) of this section shall provide that: (1) The delegating physician or a physician assistant remains responsible for the acts of the employee performing the delegated practice; (2) The employee performing the delegated practice shall not be represented to the public as a licensed physician, licensed nurse, licensed physician's assistant, or other licensed healthcare provider; and (3) Medical practices delegated under this section shall be performed under the supervision of the physician or physician assistant. (c) Delegation of medical practices under this section may include administration of drugs that do not require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical, and social sciences as determined by the board. (d) Rules adopted regarding the delegation of the administration of drugs shall provide for: (1) The delegated administration of drugs only within the physical boundaries of the office in which the delegating physician or physician assistant practices; (2) Evaluation of whether delegation is appropriate according to the acuity of the patient involved; (3) Training and competency requirements that shall be met by the person administering the drugs; and (4) Other standards and procedures the board considers relevant. (e) The board shall not adopt rules that: (1) Authorize a physician to transfer to a health professional other than a physician or physician assistant the physician's responsibility for supervising a delegated medical practice; (2) Authorize a physician to delegate the administration of anesthesia; or (3) Conflict with a provision of the Arkansas Code that specifically authorizes an individual to perform a particular practice.

Ark. Code Ann. § 17-95-209 Regulation of office-based surgery.

The Arkansas State Medical Board shall adopt rules to be followed by a physician who performs office-based surgery.

Ark. Code Ann. § 17-95-210 Use of credentialing information — Definitions.

(a) The purpose of this section is to allow the Arkansas State Medical Board to provide information to credentialing organizations. (b) For purposes of this section: (1) “Credentialing information” means: (A) Information regarding a physician assistant's, a radiology assistant's, a radiology practitioner assistant's, an occupational therapist's, an occupational therapy assistant's, or a respiratory care practitioner's: (i) Attestation of the correctness and completeness of an application under this section; (ii) Clinical hospital privileges; (iii) Current malpractice coverage; (iv) Drug or alcohol abuse to the extent permitted by law; (v) Education, training, and board certification; (vi) Felony convictions; (vii) History of appearances before the board; (viii) History of loss or limitation of privileges or disciplinary activity; (ix) History of Medicare or Medicaid sanctions or other sanctions; (x) History of professional liability or malpractice claims; (xi) Loss, surrender, restriction, or suspension of license; (xii) Professional training, qualifications, background, practice history, experience, and status of medical license; (xiii) Status of United States Drug Enforcement Administration certificate; and (xiv) Work history; and (B) Other objective information typically required by accrediting organizations for the purpose of credentialing healthcare professionals, radiology assistants, radiology practitioner assistants, occupational therapists, occupational therapy assistants, or respiratory care practitioners; and (2) “Credentialing organization” means: (A) A clinic; (B) A hospital; (C) A health maintenance organization; (D) An insurer; (E) A managed care organization; and (F) Another healthcare organization. (c) A credentialing organization may utilize credentialing information provided by the board to evaluate: (1) Granting or denying the application of a physician assistant, a radiology assistant, a radiology practitioner assistant, an occupational therapist, an occupational therapy assistant, or a respiratory care practitioner for affiliation or participation within the organization or its networks; (2) The quality of services provided by a physician assistant, a radiology assistant, a radiology practitioner assistant, an occupational therapist, an occupational therapy assistant, or a respiratory care practitioner or the physician assistant's, the radiology assistant's, the radiology practitioner assistant's, the occupational therapist's, the occupational therapy assistant's, or the respiratory care practitioner's competency or qualifications; (3) Renewal of the affiliation or participation of a physician assistant, a radiology assistant, a radiology practitioner assistant, an occupational therapist, an occupational therapy assistant, or a respiratory care practitioner; and (4) The type, extent, or conditions of the physician assistant's, the radiology assistant's, the radiology practitioner assistant's, the occupational therapist's, the occupational therapy assistant's, or the respiratory care practitioner's privileges or participation in the network. (d)(1) The board shall provide to a credentialing organization any credentialing information the board collects concerning a person licensed by the board, if the person authorizes release of the information. (2) If a person fails or refuses to authorize release of credentialing information under this section, the requesting credentialing organization is entitled, on grounds of the failure or refusal, to exclude the person from a privilege, contract, or network of the credentialing organization. (e) This section applies to the following individuals and health practitioners that are licensed by the Arkansas State Medical Board: (1) Occupational therapists and occupational therapy assistants, licensed under the Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq.; (2) Physician assistants, licensed under § 17-105-101 et seq.; (3) Radiology assistants and radiology practitioner assistants licensed under § 17-106-201 et seq.; and (4) Respiratory care practitioners licensed under the Arkansas Respiratory Care Act, § 17-99-101 et seq. (f)(1) The board shall adopt rules establishing and describing the procedures for collection and release of information under this section. (2) The board shall adopt policies and rules after seeking the advice from the following committees: (A) The Arkansas State Occupational Therapy Examining Committee established under § 17-88-201 et seq.; (B) The Arkansas State Respiratory Care Examining Committee established under § 17-99-203 et seq.; and (C) The physician assistant advisory committee established under § 17-105-117. (g)(1) The board may charge a credentialing organization a reasonable fee for the use of the credentialing service established under this section. (2) The fee shall be set after receiving advice from the physician assistant advisory committee and shall be set at a rate to reimburse the board for the cost of administering this section. (h) The board shall adopt rules establishing a credentialing information system, and the rules shall indicate the procedures for collection and release of credentialing information under this section. (i)(1) The board shall not disclose credentialing information to a party other than the applicable healthcare provider and the credentialing organization and its designated credentialing and appeals, peer review, and quality improvement committee or body. (2) Except as permitted in this section, credentialing information shall not be used for a purpose other than review by the board and a credentialing organization of the professional background, competency, qualifications, and credentials or renewal of credentials of a healthcare provider or appeals of a review by the board or a credentialing agency. (3) Credentialing information is exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (4) Credentialing information may be disclosed: (A) By the board in a disciplinary hearing before the board or in a trial or appeal of a board action or order; (B) By the board or a credentialing organization to a licensing, regulatory, or disciplinary authority or agencies of the United States, another state, or jurisdiction; (C) In a legal or regulatory proceeding that: (i) Is brought by a healthcare provider, a representative of the healthcare provider or a class healthcare provider, a local, state, or federal agency or authority, or a patient or group or class of patients or an authorized representative or agent of a patient or group or class of patients; and (ii) Challenges the actions, omissions, or conduct of the credentialing organization with respect to credentialing of a healthcare provider or the grant or denial of an affiliation or participation of the healthcare provider with or in the credentialing organization or a network of the credentialing organization; or (D) By a party when the party is authorized to disclose credentialing information by the healthcare provider to whom the credentialing information relates. (5) The evaluation and discussion of credentialing information by a credentialing organization is not subject to discovery and is not admissible under the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq. (6) The board may enter into a contractual agreement with a user of the credentialing information system to define the type and form of information to be provided and to give a user assurances of the integrity of the information collected. (7) The board may hire employees, enter into contracts with attorneys, individuals, or corporations for services necessary to implement this section.

Ark. Code Ann. § 17-95-301 Creation — Members.

(a) There is created the Arkansas State Medical Board. (b)(1)(A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years. (B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board. (2)(A)(i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be subject to confirmation by the Senate. (ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts. (iii) Two (2) members shall be appointed at large. (B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur. (3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor the Governor has consulted the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and shall be subject to confirmation by the Senate. (4)(A) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. (B) One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. (C) Both 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 but shall not participate in the grading of examinations. (5) One (1) member shall be a qualified, licensed, and practicing osteopathic physician appointed after consulting the Arkansas Osteopathic Medical Association and shall be subject to confirmation by the Senate. (6) One (1) member shall be a qualified, licensed, and practicing physician assistant appointed by the Governor after the Governor has consulted with the Arkansas Academy of Physician Assistants and shall be subject to confirmation by the Senate. (c)(1) The term of each member shall expire on December 31 of the year designated, and a successor appointee shall be named by the Governor on or before the expiration date of the term so expiring. (2) A member may not serve on the board for more than two (2) full terms or more than thirteen (13) years. (d)(1) Vacancies on the board occurring otherwise than as provided in this section shall be filled by appointment by the Governor within thirty (30) days thereafter. (2) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Arkansas Medical Society, Inc. due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (3) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment. (4) In the event a vacancy exists in the member position of the licensed osteopathic physician appointed upon the advice and recommendation of the Arkansas Osteopathic Medical Association due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this subchapter for the initial appointment. (5) In the event that a vacancy exists in the position of the licensed physician assistant appointed under subsection (b) of this section due to death, resignation, or other causes, a successor to the position shall be appointed by the Governor for the remainder of the term of the licensed physician assistant in the same manner as provided in this subchapter for the initial appointment. (e) The members of the board shall take the oath prescribed by the Arkansas Constitution for state officers before entering upon the discharge of their duties. (f)(1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health. (g) Physicians appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining on the appointed term, the physician: (A) Is no longer actively practicing as a physician; or (B) Moves his or her business or residence out of the district from which he or she was appointed. (h)(1) Members of the board may be removed from the office by the Governor: (A) For good cause pursuant to § 25-16-804; (B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or (C)(i) For any reason that would justify probation, suspension, or revocation of a physician's license 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., or for any reason that would justify probation, suspension, or revocation of a physician assistant's license to practice under § 17-105-101 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106. (2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator. (i) A physician assistant appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining of the appointed term, the physician assistant is no longer actively practicing as a physician assistant.

Ark. Code Ann. § 17-95-302 Organization and proceedings.

(a) Within thirty (30) days after their appointment, the members of the Arkansas State Medical Board shall meet and organize by electing a chair, vice chair, and treasurer. The Treasurer of the Arkansas State Medical Board shall give bond in such amount as may be designated by the board, which may be increased or decreased from time to time, conditioned for the faithful disbursement and accounting of all moneys coming into his or her hands as the treasurer. (b) The board shall hold its regular meetings at such time as the board shall establish by rule and shall have the power to call and hold special meetings at such times and places as it deems necessary. (c) The Chair of the Arkansas State Medical Board, the Vice Chair of the Arkansas State Medical Board, and the Secretary of the Arkansas State Medical Board shall have power to administer oaths for the purpose of performing their powers and duties. (d) The board shall have a seal bearing the name “Arkansas State Medical Board”.

Ark. Code Ann. § 17-95-303 Powers and duties.

The Arkansas State Medical Board shall: (1) Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law; (2) Have authority to promulgate and put into effect such rules as are necessary to carry out the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and the intentions expressed therein; (3)(A)(i) Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board. (ii) Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council. (B) The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper; (4) Have the authority to employ a director in consultation with the secretary to carry out the purposes and the mandates of the board; (5) Examine, as is provided for by law, all applicants for a license to practice medicine in this state; (6) Consider and give deference to data, studies, consensus documents, and conclusions issued by the Centers for Disease Control and Prevention or the National Institutes of Health whenever their data, studies, consensus documents, and conclusions are relevant to any decision made pursuant to the board's powers and duties under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; (7) Have the power and authority to collect practice data from licensees; and (8) Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.

Ark. Code Ann. § 17-95-304 Inspectors — Use of prescriptions, orders, or records.

(a)(1) The Arkansas State Medical Board shall utilize the investigators and inspectors of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The Department of Health is directed to make investigators and inspectors available for those purposes for as long as they may conduct investigations and inspections of prescriptions. (b)(1)(A) The investigators may obtain copies of prescriptions, orders, and records as admissible evidence without the necessity of the issuance of an administrative inspection warrant or search warrant. (B) However, investigators must have in their possession an authorization by the Director of the Division of Pharmacy Services and Drug Control of the Department of Health. (2) The inspectors shall have the duty and authority upon written direction by the Director of the Arkansas State Medical Board to investigate, inspect, and make copies of the records, orders, and prescriptions, wherever located, of all persons licensed by the board in order to determine whether or not the persons have: (A) Violated the laws of the State of Arkansas or of the United States respecting the prescription and use of narcotics and potentially dangerous drugs; (B) Practiced their profession in such a way as to endanger the general health and welfare of the public; or (C) Violated the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (3) The licensee may refuse the request of the investigator and not tender copies of the records. (c)(1) The copies of prescriptions, orders, or records shall not become public records by reason of their use in disciplinary proceedings held by the board, nor shall the patient's or physician's property right to the prescriptions be extinguished by that use. (2)(A) If the prescriptions, orders, or records are to be used in criminal proceedings, they shall be obtained by the inspectors only on an administrative inspection warrant as authorized by § 5-64-502. (B) However, no administrative inspection warrant is necessary when the prescriptions, orders, or records are to be used solely for board disciplinary purposes. (d) The board shall have the power, in lieu of a letter of authority, to issue to the investigators a subpoena to obtain copies of the records referred to in this section, and the investigators will have the authority to serve the subpoena and to collect the records. (e) If a witness served with a subpoena fails to honor the subpoena, then the board may apply to the circuit court for remedies as provided in the Arkansas Rules of Civil Procedure. The court shall have the power to punish the disobedient witness for contempt as is now provided by law in the trial of civil cases. (f) The division may collect from the Arkansas State Medical Board for utilizing the services delineated in this section: (1) Up to fifty dollars ($50.00) per hour with a maximum of four thousand dollars ($4,000) in hourly costs per case; (2) Travel expenses at the level for state employees; and (3) Other out-of-pocket costs incurred by the division in carrying out its investigative task. (g) The board may collect costs incurred under subsection (f) of this section from the licensees being investigated by the division.

Ark. Code Ann. § 17-95-305 Disposition of funds.

(a) All funds received by the Arkansas State Medical Board shall be expended in furtherance of the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. This includes, but is not specifically limited to, the publication of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., preparing and publishing a compilation of physicians, investigating violations of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., instituting actions to compel compliance with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., defending actions brought against it as a result of its actions under the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and for such other purposes not inconsistent with the general purposes of the creation of the board as may be directed by the board. (b)(1) All moneys received by the board shall be disbursed by the Chair of the Arkansas State Medical Board or the Director of the Arkansas State Medical Board. (2) The board shall furnish a surety bond and shall keep a true and faithful account of all moneys received and all moneys expended. (3) The chair shall file annually with the Secretary of the Department of Health a report of all financial transactions duly audited by an independent accountant. (c) Any surplus in the treasury of the board at the end of the year shall remain in the treasury and may be expended in succeeding years for the purposes set out in this section. (d) It shall not be lawful for the board or for any member thereof in any manner whatsoever or for any purpose to charge or obligate the State of Arkansas for payment of any money whatsoever.

Ark. Code Ann. § 17-95-306 Criminal background check.

(a)(1) Every person applying for a license or renewal of a license issued by the Arkansas State Medical Board shall provide written authorization to the board to allow the Division of Arkansas State Police to release the results of a state and federal criminal history background check report to the board. (2) The applicant shall be responsible for payment of the fees associated with the background checks. (b)(1) The state background check shall be from the Identification Bureau of the Department of Arkansas State Police. (2) The federal background check shall: (A) Be from the Federal Bureau of Investigation; (B) Conform to the applicable federal standards; and (C) Include the taking of fingerprints of the applicant. (c) Upon completion of the criminal background checks required by this section, the Identification Bureau of the Department of Arkansas State Police: (1) Shall forward to the board all releasable information obtained concerning the applicant; and (2) May retain the fingerprinting card of the applicant until notified by the board that the person is no longer licensed. (d) Upon entering the Interstate Medical Licensure Compact, the board shall require that every applicant for a compact licensure shall provide written authorization to the board to allow the Division of Arkansas State Police to release the results of a state and federal criminal history background check report to the board as provided in this section.

Ark. Code Ann. § 17-95-307 License eligibility.

A person is not eligible to receive or hold a license to practice medicine or another healthcare profession issued by the Arkansas State Medical Board if the person has pleaded guilty or nolo contendere to or has been found guilty of a felony listed under § 17-3-102 .

Ark. Code Ann. § 17-95-308 Waiver.

(a) The requirements of § 17-95-307 may be waived by the Arkansas State Medical Board upon the request of: (1) An affected applicant for licensure; or (2) The person holding the license subject to revocation. (b) The board may consider the following circumstances when considering a waiver, including, but not limited to: (1) The age at which the crime was committed; (2) The circumstances surrounding the crime; (3) The length of time since the crime; (4) Subsequent work history; (5) Employment references; (6) Character references; and (7) Other evidence demonstrating that the applicant does not pose a threat to the health or safety to the public.

Ark. Code Ann. § 17-95-309 Background records sealed.

(a) Any background record received by the Arkansas State Medical Board from the Identification Bureau of the Department of Arkansas State Police shall not be available for examination except by: (1) An affected applicant for licensure or his or her authorized representative; or (2) A person whose license is subject to revocation or his or her authorized representative. (b) No record, file, or document shall be removed from the custody of the Department of Arkansas State Police.

Ark. Code Ann. § 17-95-402 Penalties — Injunction.

(a)(1) Every person who practices or attempts to practice medicine in any of its branches or who performs or attempts to perform any surgical operation for any person or upon any person within this state without first having complied with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be deemed guilty of a misdemeanor. (2) Upon conviction he or she shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) 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 of such a practice shall constitute a separate offense. (b) The courts of record of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of medicine in a proceeding by the Arkansas State Medical Board or any member thereof, or by any citizen of this state, 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 the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., but the remedy of injunction shall be in addition to liability to criminal prosecution. (c) It is declared that any person who practices or attempts to practice medicine in the State of Arkansas without first obtaining a license authorizing him or her to so practice medicine is a public nuisance, and it is declared that the illegal practice of medicine in violation of the laws of the State of Arkansas is a public nuisance and is detrimental to the health, safety, security, and welfare of the people of the State of Arkansas.

Ark. Code Ann. § 17-95-403 Application — Qualifications.

(a)(1) Every person desiring a license to practice medicine shall make application to the Arkansas State Medical Board. The application shall be verified by oath and shall be in such form as shall be prescribed by the Arkansas State Medical Board. (2) The application shall be accompanied by the license fee and such documents, affidavits, and certificates as are necessary to establish that the applicant possesses the qualifications prescribed by this section, apart from any required examination by the Arkansas State Medical Board. (3) The burden of proof shall be upon the applicant, but the Arkansas State Medical Board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses herein defined as unprofessional conduct. (b) No person shall be granted a license to practice medicine in the State of Arkansas unless he or she: (1) Is at least twenty-one (21) years of age; (2) Has not been guilty of acts constituting unprofessional conduct as defined in § 17-95-409; (3)(A) Is a graduate of: (i) A recognized United States or Canadian medical school whose entrance requirements and course of instruction have been approved by the Council on Medical Education of the American Medical Association; (ii) A Canadian eclectic medical school which has been approved by the Council on Medical Education of the National Eclectic Medical Association; or (iii)(a) A foreign medical school whose entrance requirements and course of instruction have been approved by the Educational Commission for Foreign Medical Graduates. (b) Except as provided in subdivision (b)(3)(A)(iii)(c) of this section, he or she shall also have: (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas. (c) If he or she has been offered full-time employment as a physician from a healthcare provider that operates in a medically underserved population or a federally designated area that is a medically underserved area, medically partially underserved area, or a primary care health professional shortage area in this state, he or she shall: (1) Hold an active, unencumbered license to practice medicine in a foreign country; (2) Have actively practiced medicine during the four-year period preceding the date of an application under this section; (3) Have the Educational Commission for Foreign Medical Graduates evaluate his or her medical credentials; (4) Hold an active, valid certificate issued by the Educational Commission for Foreign Medical Graduates; and (5) Pass the examination used by the Educational Commission for Foreign Medical Graduates. (1) Served three (3) years as an intern, resident, or fellow, or a combination thereof, in an accredited postgraduate medical education program in the United States; (2) Served three (3) years as an intern or resident in a postgraduate medical education program outside the United States, completed all steps of the United States Medical Licensing Examination, obtained Educational Commission for Foreign Medical Graduates certification, and either completed one (1) year or more of fellowship training accredited by the Accreditation Council for Graduate Medical Education in the United States or received American Board of Medical Specialties certification by the American Board of Medical Specialties; or (3) Completed one (1) year as an intern or resident in an accredited postgraduate medical education program in the United States and be currently enrolled in an accredited postgraduate medical program in Arkansas. (B) However, the Arkansas State Medical Board at such time as it deems expedient may require of every applicant for licensure: (i) A properly verified certificate that he or she has served one (1) year of internship in a general accredited hospital; or (ii) A certificate of his or her service in an accredited postgraduate medical education program as described in subdivision (b)(3)(A)(iii)(b) of this section; and (4) Has successfully passed an examination approved by the Arkansas State Medical Board as set forth in its rules. (c)(1) An applicant who is licensed under subdivision (b)(3)(A)(iii)(c) of this section shall: (A) Maintain his or her employment with the original healthcare provider that operates in this state for at least three (3) consecutive years after licensure; (B) Notify the Arkansas State Medical Board within five (5) business days after any change of employer; (C) Appear personally before the Arkansas State Medical Board together with the sponsoring physician who is licensed by the Arkansas State Medical Board; and (D) Present to the Arkansas State Medical Board information as to what area or department in which he or she will be practicing medicine and who will be his or her sponsoring physician. (2) The license issued under subdivision (b)(3)(A)(iii)(c) of this section shall be a provisional license that authorizes practicing medicine only within the clinical programs approved by the sponsoring physician who is licensed by the Arkansas State Medical Board. (3)(A) The Arkansas State Medical Board shall issue each provisional license under subdivision (b)(3)(A)(iii)(c) of this section for a period of one (1) year. (B) At the end of one (1) year, the provisional license issued under subdivision (b)(3)(A)(iii)(c) of this section shall lapse, and if the physician desires to continue the practice of medicine under the provisional license issued under subdivision (b)(3)(A)(iii)(c) of this section, the physician shall: (i) Submit completed renewal forms to the Arkansas State Medical Board providing information as requested by the Arkansas State Medical Board; (ii) Pay a renewal fee as established by the Arkansas State Medical Board; and (iii) If requested, appear in person before the Arkansas State Medical Board, together with the sponsoring physician. (4) At the end of the second year of practice with a provisional license under subdivision (b)(3)(A)(iii)(c) of this section, the physician is eligible for an active, unrestricted license to practice medicine in this state after review and approval of the Arkansas State Medical Board. (5) A physician who obtains a license to practice medicine in the State of Arkansas shall comply with the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all rules of the Arkansas State Medical Board.

Ark. Code Ann. § 17-95-404 Examinations.

(a) The Arkansas State Medical Board by and through its rules will approve and designate the examinations to be given to those individuals who desire a license to practice medicine in the State of Arkansas. The board will further set forth the standards by rule for successful completion of the examination for licensure. (b) Examinations for a license to practice medicine shall be held not fewer than one (1) time in each year at such times and places as may be specified by the board. (c) If in the opinion of the board the applicant possesses the necessary qualifications, the board shall issue to him or her a certificate. (d) If an applicant fails to meet the minimum grade requirements in his or her examination, he or she may be reexamined upon a filing of a new application and the payment of a required fee.

Ark. Code Ann. § 17-95-405 Credentials.

(a) A legally licensed physician and surgeon who has been issued a license to practice medicine in another state where the requirements for licensure are equal to those established by the State of Arkansas may be permitted by the Arkansas State Medical Board to practice his or her profession in this state without taking an examination upon payment of a fee as provided in § 17-95-411. (b) The issuance of a license by credentials by the board shall be at the sole discretion of the board, and the board may provide such rules governing such an admission as may be deemed necessary by or desirable to the board.

Ark. Code Ann. § 17-95-406 Temporary permits.

(a) In cases of emergency and to prevent hardship, the Director of the Arkansas State Medical Board may issue a temporary permit to practice medicine upon payment of the fee required for applicants after satisfying himself or herself that the applicant has all the qualifications and meets all the requirements of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. A temporary permit shall be valid only until the next meeting of the Arkansas State Medical Board and shall expire at that time. (b)(1) The board shall issue a temporary permit to practice medicine to any medical doctor licensed and qualified to practice medicine in the Philippines, a former possession of the United States, provided that the temporary permit issued shall authorize the person to practice medicine in this state only under the supervision of a duly licensed and qualified physician in this state. (2) The temporary permit shall be for a period of not more than two (2) years. If at the end of the two (2) years the person to whom a temporary permit has been issued has not met the qualifications and has not passed the prescribed examinations for licensure to practice medicine in this state as provided in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., it shall be unlawful for the board to grant an extension of or to issue a new temporary permit to that person. (3) Nothing in this subsection shall prohibit the board from suspending or revoking the temporary permit of any person to whom a temporary permit is issued under the provisions of this subsection on any grounds which by law and rule would be grounds to revoke or suspend the license of a person licensed to practice medicine in this state, or for such periods of time as the person to whom the temporary permit is issued is not under the supervision of a licensed and qualified physician in this state. (4) As used in this subsection, a person shall be deemed to be under the supervision of a licensed and qualified physician of this state when the physician shall notify the board in writing of his or her supervision of the medical practice of the person to whom the temporary permit is issued. It shall not be necessary that the person practice medicine out of the same office or in the same city or town in which the supervisory physician practices or resides.

Ark. Code Ann. § 17-95-408 Annual registration.

(a) The annual license or reregistration fee of a physician licensed by the Arkansas State Medical Board to practice medicine in the State of Arkansas 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. (b) Failure to pay the annual reregistration fee as provided in this section by the last day of the birth month of the license holder shall cause the license to practice medicine in the State of Arkansas of any person so failing to pay the reregistration fee to expire automatically. (c)(1) Any delinquent licentiate may be reinstated by paying all delinquent fees and a penalty of fifty dollars ($50.00) for each year or part thereof that he or she has been delinquent. (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. (d)(1) If any licentiate fails for three (3) consecutive years to pay the reregistration fee, it shall be the duty of the board, without hearing or notice, to cancel and revoke his or her license, subject to reinstatement. (2) If application for reinstatement is made, the board shall consider the professional qualifications of the applicant upon notice and hearing before ordering reinstatement. Unless such a showing shall thereupon be made to the board as would entitle the applicant to the issuance of an original license, reinstatement shall be denied. (3) The applicant for reinstatement shall file a written application and pay the same fees required for the issuance of an original license. (e) Any person practicing his or her profession while his or her license is suspended or after it has been canceled pursuant to this section shall be subject to the penalties prescribed by law.

Ark. Code Ann. § 17-95-409 Denial, suspension, or revocation — Grounds — Definition.

(a)(1) The Arkansas State Medical Board may revoke an existing license, impose penalties as listed in § 17-95-410, or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unprofessional conduct. (2) The words “unprofessional conduct”, as used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., mean: (A)(i) Conviction of a felony listed under § 17-3-102. (ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct; (B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine, in taking the examination for the license, or in seeking a renewal of a license; (C) Aiding or abetting an unlicensed person to practice medicine; (D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion; (E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in Schedules I-V of the Controlled Substances Act of 1970 or the Uniform Controlled Substances Act, § 5-64-101 et seq., including any amendments thereto; (F) Habitual indulgence in the use of alcohol to such an extent as to render himself or herself incapable of exercising that degree of skill and judgment in the treatment of his or her patients which the moral trust and confidence in him or her demands; (G) Grossly negligent or ignorant malpractice; (H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs; (I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured; (J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public; (K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the Arkansas State Medical Board; (L) Soliciting for patronage; advertising for patronage in a false, fraudulent, deceptive, or misleading manner; advertising the quality of medical services; or advertising illegal procedures and practices; (M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he or she can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he or she refuses to divulge upon demand to the Arkansas State Medical Board; (N) The willful betraying of a professional secret; (O) Persistent and flagrant overcharging or overtreating of patients; (P) Violating a rule of the Arkansas State Medical Board; (Q) Violating a term of probation or an order previously imposed by the Arkansas State Medical Board; (R) Having been found in violation of a statute or a rule governing the practice of medicine by a medical licensing authority or agency of another state; and (S) Committing an ethical violation as determined by the Arkansas State Medical Board by rule. (b)(1)(A) Upon receipt of a final order from another agency of the State of Arkansas or a final order from a court of this state after all appeal rights have been exhausted that finds a physician licensed to practice medicine in this state has breached the loan contract entered into by the physician under § 6-81-701 et seq., the Arkansas State Medical Board may suspend the license of that physician. (B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area but has not so practiced and until the loan with interest together with any civil money penalties, as reduced by each full year of medical practice according to the terms of the loan contract, is paid in full. (2) Upon notification from the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and the Secretary of the Department of Health that exigent circumstances warrant a waiver of the suspension, the Arkansas State Medical Board shall reinstate the holder's license. (3) In deciding whether to suspend a holder's medical license, the Arkansas State Medical Board, at its discretion, may adopt any or all recommendations, findings of fact, and conclusions of law issued or adopted by the Arkansas Rural Medical Practice Student Loan and Scholarship Board, an arbitrator, or a court.

Ark. Code Ann. § 17-95-410 Denial, suspension, or revocation — Proceedings.

(a) Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice medicine in this state charging the licensee with: (1) Failure to have the necessary qualifications as set out in § 17-95-403; and (2) The commission of any of the offenses enumerated and described as unprofessional conduct in § 17-95-409. (b) If the board finds a probable violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., or the rules of the board, the board shall review the complaint and issue an order and notice of hearing to the licensee. (c)(1) The order and notice of hearing shall set forth a specification of charges in sufficient detail that the person accused shall have full and complete disclosure of any alleged acts of misconduct, impropriety, or lack of qualification. (2) When an order and notice of hearing is issued, the board or its agent shall send by registered mail to the person's last address of record a copy of the order and notice of hearing along with a written notice of the time and place of the hearing and a statement advising the person that he or she may be present in person or by counsel to offer evidence and be heard in his or her defense. (3) The time fixed for the hearing shall not be less than thirty (30) days from the date of the mailing of the notice. (d) At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. 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. (e)(1) At the conclusion of the hearing, the board shall first decide whether the accused is guilty of the charges against him or her and then decide on appropriate disciplinary action. (2) If the accused is found not guilty, the board shall dismiss the charges. (3) If the accused is found guilty, the board may do one (1) or more of the following: (A) Revoke his or her license; (B) Suspend his or her license for a period not to exceed one (1) year; (C) Issue a reprimand; (D) Impose a probation allowing the licensee to continue practicing under terms and conditions found to be in the best interest of the accused and the general public; or (E) Levy a fine of up to one thousand dollars ($1,000) per violation of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and collect out-of-pocket costs of investigation incurred by the board to conduct the disciplinary hearing. (4) If the board suspends the license, it may issue a temporary license for whatever duration it decides and renew this temporary license at its discretion. (f) Appeals may be had by either of the parties from the decision of the board in the manner now provided by law. All evidence considered by the board shall be reduced to writing and available for the purpose of appeal or certiorari to any of the parties of the hearing. (g) Nothing in this section shall be construed so as to deprive any person of his or her rights without a full, fair, and impartial hearing.

Ark. Code Ann. § 17-95-411 Fees.

(a) The Arkansas State Medical Board shall charge the following fees: (1)(A) For application for license by examination or by credentials, four hundred dollars ($400). (B) If it is determined by the board that the credentials of the applicant are insufficient or the applicant withdraws his or her application before taking the examination, the board may return such portion of the fee as allowed by the rules of the board; (2) For a temporary license or permit, fifty dollars ($50.00) for each six-month period; (3) For certification of licentiate to another state, fifteen dollars ($15.00); and (4)(A)(i) For annual license or reregistration fee, seventy dollars ($70.00). (ii) Except as provided in subdivision (a)(4)(C) of this section, an annual license or reregistration fee is to be imposed upon each physician who holds a license to practice medicine in the State of Arkansas. (B) The annual license or reregistration fee may be changed by the board provided that the amount shall be fixed by the board not less than sixty (60) days in advance of January 1 of each year. (C) The board shall waive the annual license or reregistration fee of a physician who: (i) Holds a license to practice medicine in the State of Arkansas; and (ii) Is an active-duty member of the military. (b)(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. § 17-95-412 Academic licenses.

(a) The Arkansas State Medical Board may issue an academic license to practice medicine to any physician who meets: (1) The qualifications and requirements set forth in the rules of the Arkansas State Medical Board; and (2) The conditions and requirements set forth in subsection (b) of this section. (b)(1) The physician shall: (A) Submit an application to the Arkansas State Medical Board; (B) Provide information the Arkansas State Medical Board by rule may require; (C) Pay a licensure fee that the Arkansas State Medical Board may set by rule to cover the costs of administering the Alternative to Discipline Program; and (D) Be serving as a faculty member in the State of Arkansas under the supervision of a faculty member licensed by the Arkansas State Medical Board at an academic medical program accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association operated in the State of Arkansas and established by and under the control of a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (2) The academic license to practice medicine in the State of Arkansas shall authorize the practice of medicine only within the clinical and educational programs in the State of Arkansas that are established and administered by a medical school located in the State of Arkansas and accredited by an accrediting agency recognized by the United States Department of Education or approved by the Arkansas Higher Education Coordinating Board to seek accreditation by an accrediting agency recognized by the United States Department of Education. (c)(1) The Arkansas State Medical Board shall issue each academic license for a period of one (1) year. (2) At the end of the one (1) year, the academic license shall lapse, and the physician shall make an additional application to the Arkansas State Medical Board if the physician desires to continue the practice of medicine under the academic license. (3) At the end of the second year of practice with an academic license, the physician is eligible for an active, unrestricted license to practice medicine in the state. (d) A physician who obtains an academic license to practice medicine in the State of Arkansas shall comply with the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and all rules of the Arkansas State Medical Board.

Ark. Code Ann. § 17-95-413 Nonparticipation in maintenance of licensure or maintenance of certification — Definitions.

(a) As used in this section: (1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) “Specialty medical board certification” means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine. (b) The Arkansas State Medical Board shall not require any form of specialty medical board recertification or any maintenance of certification to practice medicine in this state.

Ark. Code Ann. § 17-95-414 Multiyear license or registration for physicians.

(a) The Arkansas State Medical Board shall offer a multiyear license or registration for physicians as an option other than the annual renewal of license or registration. (b) Following initial licensure or registration, a physician may request a multiyear license or registration for a period of two (2) years by providing the following information to the board with the application: (1) All information necessary for the licensure or registration under law or rule to include proof of continuing medical education equivalent to the period requesting; and (2) Payment of the fees for licensure or registration for two (2) years, if the requested licensure or registration is for a period of two (2) years.

Ark. Code Ann. § 17-95-501 Legislative intent.

(a) The General Assembly finds and declares that this subchapter is necessary to assist those areas of critical medical shortage in the State of Arkansas in recruiting and retaining physicians to meet the primary medical care needs of the citizens residing in these areas. (b)(1) It is the intent of the General Assembly to grant authority to the Arkansas State Medical Board to issue temporary licenses to practice medicine in defined critical medical shortage areas for a specified period of time and under required conditions to be defined in § 17-95-503. (2) It is the further intent of the General Assembly that the board utilize every means at its disposal under the laws of this state, including the authority granted by this subchapter, to increase the number of practicing physicians in the areas of critical medical shortage as defined in § 17-95-502. (3) It is the further intent of this subchapter that neither the board nor the Executive Director of the Arkansas State Medical Board, when acting in behalf of the board and under authority granted to him or her by the board, shall be liable, collectively or individually, for civil damages from claims pertaining to the administration of this subchapter.

Ark. Code Ann. § 17-95-502 Definitions.

As used in this subchapter: (1) “Critical medical shortage area” is an area wherein there is a critical shortage of physicians for the area's population as defined by the Department of Health, Education, and Welfare in the Federal Register, Volume 41, No. 13, dated July 6, 1976, and as updated by the Department of Health; (2) “E.C.F.M.G.” is an examination for graduates of foreign medical schools prepared and administered by the Educational Commission for Foreign Medical Graduates; (3) “FLEX” is the Federation Licensing Examination prepared and issued semiannually by the Federation of State Medical Boards. The Federation Licensing Examination includes three (3) parts: the basic science, the clinical science, and the clinical competency average. Successful passage of the Federation Licensing Examination with an overall weighted average of seventy-five (75) is required for medical licensure by the Arkansas State Medical Board; and (4) “Temporary license” is a license issued by the board to practice medicine for a period of twelve (12) months in a critical medical shortage area as defined in subdivision (1) of this section. A temporary license may be renewable by the board under the conditions and requirements of this subchapter for additional periods of twelve (12) months not to exceed the limitations set forth in § 17-95-504.

Ark. Code Ann. § 17-95-503 Temporary license.

(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, the physician must fulfill the following additional conditions and requirements to be eligible for temporary licensure: (1) The physician must practice medicine in an area of critical medical shortage in Arkansas; and (2) The physician, if a graduate of a foreign medical school, must have satisfactorily passed the Educational Commission for Foreign Medical Graduates examination. (b) To be eligible for a renewal of a temporary license by the board, the physician must fulfill the following requirements to be administered by the board: (1) The physician must submit a written request for the renewal to the board; (2) The physician must agree to repeat the examination for licensure during the twelve-month term of the renewed temporary license; and (3) The physician must continue to fulfill the conditions and requirements of this subchapter for temporary licensure during the term of the renewed licensure. (c) The board shall review the physician's progress toward successfully passing the examination for licensure, as well as the physician's performance in the community where he or she is practicing medicine before renewing the physician's temporary license.

Ark. Code Ann. § 17-95-504 Remedial training.

(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 of the College of Medicine of the University of Arkansas for Medical Sciences, shall review the physician's performance and areas of deficiency on the examination for licensure and shall prescribe a plan of remedial training for the physician. (2) The physician must carry out the prescribed plan before being eligible for either a regular license based on successful passage of the examination for licensure or another period of temporary licensure under the same provisions and requirements as were originally applied for his or her temporary license under the provisions of this subchapter.

Ark. Code Ann. § 17-95-505 Nonliability of board.

In the application of the authorities and provisions of this subchapter, the Arkansas State Medical Board, either individually or collectively, and the Executive Director of the Arkansas State Medical Board, when acting on behalf of the board, are not liable for civil damages from claims pertaining to the administration of the provisions of this subchapter.

Ark. Code Ann. § 17-95-701 Title.

This subchapter shall be known and may be cited as the “Chronic Intractable Pain Treatment Act”.

Ark. Code Ann. § 17-95-702 Findings.

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 regular part of their medical practice for all patients with chronic intractable pain.

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

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” means drugs used for pain relief, including, but not limited to: (i) Opioids; and (ii) Other drugs classified under Schedule II, III, IV, or V by the United States Food and Drug Administration. (B) “Dangerous or controlled drugs” does not include any substance the prescription of which is illegal under federal law; (3) “Disciplinary action” means any remedial or punitive sanctions imposed on a licensed physician by the Arkansas State Medical Board; (4) “Patient” means a person seeking medical diagnosis and treatment; and (5) “Physician” means a licensee of the board.

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

(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 hearing shall be referred to the Pain Management Review Committee before any board hearing or action. (ii)(a) However, in exceptional limited substantive instances requiring immediate action to protect the public health, an emergency action under § 25-15-211(c) may be implemented. (b) The implementation of an emergency action under § 25-15-211(c) shall in no way be used by the board to circumvent, void, supplant, or otherwise limit the role of the committee as provided in this subchapter. (B) The board shall provide the committee all necessary documentation for the review process in a timely manner. (3) The board shall direct the committee to use the criteria under subsections (d) and (e) of this section to review a physician's conduct in regard to prescribing, administering, ordering, or dispensing pain medications and other drugs necessary to treat chronic intractable pain. (4)(A) If the board determines that an allegation or a question regarding a physician's prescribing does not justify a board hearing, in lieu of a board hearing, the board may refer a physician to the committee for review and recommendations to the board. (B) The review and recommendations under subdivision (a)(4)(A) of this section shall not adversely affect the physician's license or licensure status. (b) The board shall: (1) Make reasonable efforts to notify healthcare providers under its jurisdiction of the existence of this subchapter; (2) Inform any healthcare provider licensed by the board and investigated regarding the provider's practices in the management of pain of the existence of this subchapter; and (3)(A) In a disciplinary hearing, present opinion evidence from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (B) The physician has the right to present testimony from a full-time active practice physician in direct patient care who is knowledgeable in pain management. (c)(1) In lieu of a finding of gross and ignorant malpractice, the board after a hearing may incrementally impose sanctions as follows: (A) Monitor prescribing habits of the physician not to exceed six (6) months; (B) Require the physician to voluntarily surrender his or her United States Drug Enforcement Administration license to the board for a specified period of time not to exceed three (3) months; (C) Suspend the physician's license, stay the suspension, and require monitoring of prescribing habits; (D) Revoke the physician's license, stay revocation, and require monitoring of the physician's prescribing habits for a specified time; and (E) Revoke the physician's license for serious violations of statutes and rules. (2) With a finding of severe violation of statutes and rules, the board may initially impose the more severe sanctions. (3) At any level of sanction, the board may require continuing medical education hours in proper prescribing habits. (d) Based upon evaluation and management of a patient's individual needs, a physician may: (1) Treat a patient who develops chronic intractable pain with a dangerous or controlled drug to relieve the patient's pain; (2) Continue to treat the patient for as long as the pain persists; (3) Treat the pain by managing it with dangerous or controlled drugs in amounts or combinations that may not be appropriate for treating another medical condition; (4) Administer large doses of dangerous or controlled drugs for pain management if the benefit of relief outweighs the risk of the large dose; and (5) Administer a large dose of a dangerous or controlled drug even if its use may increase the risk of death if the purpose is not to cause or assist in a patient's death. (e) A physician may not: (1) Prescribe or administer dangerous or controlled drugs intended to manage chronic intractable pain to treat a patient for chemical dependency on drugs or controlled substances; (2) Prescribe or administer dangerous or controlled drugs to a person the physician knows to be using drugs for nontherapeutic purposes; (3) Prescribe or administer dangerous or controlled drugs to a person for other than legitimate medical purposes; or (4)(A) Cause or assist in causing the suicide, euthanasia, or mercy killing of any individual. (B) However, causing or assisting in causing the suicide, euthanasia, or mercy killing of any individual does not include prescribing, dispensing, or administering medical treatment for the purpose of alleviating pain or discomfort even if that use may increase the risk of death so long as the treatment is not furnished for the purpose of causing or assisting in causing the death of the individual.

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

(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 specialists and three (3) of whom may be physicians with significant pain management in their practices or with a degree in pharmacy, appointed by the board from a list provided by the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society. (c) The committee shall: (1) Have committee representation from the Arkansas Osteopathic Medical Association, the Arkansas Medical Society, Inc., and the Arkansas Pain Society to develop guidelines for investigations of complaints regarding conduct in violation of this subchapter; (2) Review complaints on an individual patient-needs basis regarding physicians treating chronic intractable pain in violation of this subchapter; and (3)(A) Provide an objective critique to the board for board determination in a timely manner and if so determined, before the board's disciplinary hearing. (B) In order to ensure a fair, impartial, and objective board hearing, no board member shall be: (i) Present while the committee reviews allegations of improper prescribing; or (ii) Involved in any way in the committee's deliberations.

Ark. Code Ann. § 17-95-706 Scope.

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.

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.

(a)(1) The Physician Assistant Committee is created with the Arkansas State Medical Board. (2) The committee shall consist of five (5) members as follows: (A) Three (3) members who shall be members of the board. (i) Two (2) members as described in this subdivision (a)(2)(A) shall be physicians. (ii) One (1) member as described in this subdivision (a)(2)(A) shall be a physician assistant; and (B) Two (2) physician assistant members selected by the board from a list of physician assistants nominated by the Arkansas Academy of Physician Assistants, Inc. (b)(1)(A) Committee members who are physician assistants shall serve three-year terms. (B) Committee members who are physician assistants shall not serve more than two (2) consecutive terms. (2) A physician assistant committee member shall serve until a successor is appointed by the board. (3) If a vacancy occurs among the committee members who are physician assistants, the board shall appoint a new member from a list of three (3) physician assistants nominated by the Arkansas Academy of Physician Assistants, Inc. to fill the vacancy. (c)(1) The committee shall elect a chair with powers and duties the committee shall fix. (2) The Chair of the Arkansas State Medical Board shall serve a two-year term. (3) A chair may be elected for no more than two (2) consecutive terms. (d)(1) A quorum of the committee shall be three (3) members. (2) The committee shall hold a meeting at least quarterly and at other times the committee considers advisable to review applications for licensure or renewal and for approval of the protocol between the physician assistant and the supervising physician. (e)(1) The committee members who are physician assistants shall serve without remuneration. (2) However, if funds are available, the committee members who are physician assistants may receive expense reimbursement and stipends in accordance with §§ 25-16-902 and 25-16-903, as follows: (A) Their actual expenses while attending regular and special meetings of the committee; and (B) A per diem allowance when in attendance at regular or special meetings of the committee. (f) The members of the committee who are members of the board shall receive remuneration as now provided to members of the board.

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

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 proceedings; and (3) Any other issues pertaining to the regulation and practice of physician assistants.

Ark. Code Ann. § 17-95-901 Title.

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

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

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 medical education training program; or (ii) Is a citizen of the United States or a legal resident alien who has graduated from an accredited Arkansas allopathic medical school or Arkansas osteopathic medical school and is not currently enrolled in an accredited graduate medical education training program. (B) The graduate registered physician is a dependent medical practitioner who: (i) Only provides healthcare services under the supervision of a physician; and (ii) Works under a physician-drafted protocol approved by the Arkansas State Medical Board, which describes how the graduate registered physician and the physician will work together and practice guidelines required by the supervising physician; (2) “Medical school” means a school as defined by the board; (3) “Resident of Arkansas” means a natural person who provides evidence deemed sufficient to the board that the person uses an Arkansas residence address for federal or state tax purposes; (4) “Supervising physician” means a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., who has agreed to practice in consultation with a graduate registered physician and who is board eligible in his or her specialty; and (5)(A) “Supervision” means overseeing the activities of and accepting responsibility for the medical services rendered by a graduate registered physician. (B) Supervision of each graduate registered physician by a physician or physicians shall be continuous.

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

(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: (1) Submits an application on forms approved by the board; (2) Pays the appropriate fees as determined by the board; (3) Has successfully completed Step 1 and Step 2 of the United States Medical Licensing Examination, Comprehensive Osteopathic Medical Licensing Examination, or the equivalent of both steps of a board-approved medical licensing examination within the two-year period immediately preceding application for licensure as a graduate registered physician, but not more than two (2) years after graduation from a medical school, an allopathic medical college, or an osteopathic medical college; (4) Has not completed an approved postgraduate residency but has successfully completed Step 2 of the United States Medical Licensing Examination or the equivalent of Step 2 from a board-approved medical licensing examination within the two-year period immediately preceding application for licensure as a graduate registered physician; (5) Has no licensure, certification, or registration under current discipline, revocation, suspension, or probation for cause resulting from the applicant's medical practice, unless the board considers the conditions and agrees to licensure; (6) Enters into a physician-drafted protocol within six (6) months of initial licensure; and (7) [Repealed.] (8) Submits to the board any other information that the board deems necessary to evaluate the applicant's qualifications.

Ark. Code Ann. § 17-95-904 Renewal.

(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) Submitting verification of actual practice under a physician-drafted protocol during the immediately preceding licensure period; and (4) Meeting other requirements set by the board. (b) The board shall determine the renewal period.

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

(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 prescribing, ordering, and administering of drugs and medical devices that are delegated by his or her supervising physician. (b) A graduate registered physician shall be considered the agent of his or her supervising physician in the performance of all practice-related activities, including, but not limited to, the ordering of diagnostic, therapeutic, and other medical services. (c) A graduate registered physician may perform healthcare services in a setting authorized by the supervising physician in accordance with any applicable facility policy.

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

(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 Substances Act, § 5-64-101 et seq., and 21 C.F.R. Part 1300, all legend drugs, and all nonschedule prescription medications and medical devices. (2) All prescriptions and orders issued by a graduate registered physician also shall identify his or her supervising physician. (b) A graduate registered physician's level of prescriptive authority shall not exceed the authority of the supervising physician. (c) A graduate registered physician who prescribes controlled substances shall register with the United States Drug Enforcement Administration as part of the United States Drug Enforcement Administration's Mid-Level Practitioner Registry, 21 C.F.R. Part 1300, 58 F.R. 31171-31175, and the Controlled Substances Act, 21 U.S.C. § 801 et seq.

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

(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) The graduate registered physician's scope of practice is identified; (2) The delegation of a medical task is appropriate to the graduate registered physician's level of competence; (3) The relationship and access to the supervising physician are defined; and (4) A process of evaluation of the graduate registered physician's performance is established. (c) The graduate registered physician and supervising physician may designate back-up physicians who agree to supervise the graduate registered physician during the absence of the supervising physician. (d) A physician who desires to supervise a graduate registered physician shall: (1) Be licensed in this state; (2) Notify the Arkansas State Medical Board of his or her intent to supervise a graduate registered physician; (3) Submit a statement to the board that he or she will exercise supervision over the graduate registered physician in accordance with rules adopted by the board; and (4) Limit supervision to no more than two (2) graduate registered physicians per supervising physician.

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

(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 telephone number of the supervising physician; and (B) The name, business address, and telephone number of the graduate registered physician. (b) A graduate registered physician shall notify the board of any changes or additions in supervising physicians within ten (10) calendar days.

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

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

Ark. Code Ann. § 17-95-910 Violation.

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 subchapter or any rules adopted by the board pertaining to this chapter; (4) Is convicted of a felony listed under § 17-3-102; (5) Is a habitual user of intoxicants or drugs to the extent that he or she is unable to safely perform as a graduate registered physician; or (6) Has been adjudicated as mentally incompetent or has a mental condition that renders him or her unable to safely perform as a graduate registered physician.

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

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) Require a graduate registered physician to submit to the care, counseling, or treatment of a physician or physicians designated by the board; (5) Suspend enforcement of its finding and place the graduate registered physician on probation with right to vacate the probationary order for noncompliance; or (6) Restore or reissue, at its discretion, a license and impose any disciplinary or corrective measure that may have been imposed previously.

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

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 combination or abbreviation of the term “graduate registered physician” to indicate or imply that he or she is a graduate registered physician.

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

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 herself as a graduate registered physician, and immediately below the licensure of degree, information in equal size or larger lettering.

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

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.

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.

(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 in the patient care order. (b) The orders shall be complied with and carried out as if the orders had been issued by the graduate registered physician's supervising physician.

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

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 — 16-114-203 and 16-114-205 — 16-114-209 .

Ark. Code Ann. § 17-95-1001 Title.

This subchapter shall be known and may be cited as the “Arkansas Surgical Technologists Act”.

Ark. Code Ann. § 17-95-1002 Definitions.

As used in this subchapter: (1) “Surgical technologist” means an individual who performs the skills and techniques of surgical technology under the direction and supervision of a licensed practitioner other than in the course of practicing as a licensed healthcare professional; and (2) “Surgical technology” means surgical patient care that includes without limitation: (A) Preparing an operating room and a sterile field for surgical procedures by ensuring that surgical equipment is assembled and functioning properly and safely; (B) Preparing sterile supplies, instruments, and equipment using sterile technique; (C) Performing tasks in a sterile field, including: (i) Maintaining asepsis and a sterile operating field; (ii) Passing supplies, equipment, or instruments according to the needs of the surgical team; (iii) Sponging or suctioning an operative site; (iv) Preparing and cutting suture material; (v) Providing irrigation solutions to the supervising physician and irrigating an operative site; (vi) Providing drugs within the sterile field for administration by the supervising physician; (vii) Handling specimens; (viii) Holding retractors and other instruments; (ix) Applying electrocautery to clamps on blood vessels; (x) Connecting drains to a suction apparatus; (xi) Applying dressings to closed wounds; and (xii) Performing counts of supplies such as sponges, needles, and instruments with the registered nurse circulator; and (D) The practice of surgical technology is a separate and distinct healthcare profession that does not include the practice of surgical assisting as performed by physician assistants, surgical assistants, or first assistants.

Ark. Code Ann. § 17-95-1003 Registration.

The Arkansas State Medical Board shall register as a surgical technologist an applicant who: (1) Has successfully completed a nationally accredited surgical technology program and holds a current credential as a certified surgical technologist from the National Board of Surgical Technology and Surgical Assisting or its successor or a national organization approved by the Arkansas State Medical Board; (2) Has successfully completed a surgical technologist training program during the person's service as a member of any branch of the United States Armed Forces; or (3) Has been employed to practice as a surgical technologist at any time within the six (6) months before July 1, 2017, if the applicant registers with the Arkansas State Medical Board on or before March 31, 2020.

Ark. Code Ann. § 17-95-1004 Title protection.

A person shall not use or assume the title “registered surgical technologist” unless the person is registered with the Arkansas State Medical Board.

Ark. Code Ann. § 17-95-1005 Rules.

The Arkansas State Medical Board may adopt and promulgate rules to implement this subchapter.

Ark. Code Ann. § 17-95-1101 Title.

This subchapter shall be known and may be cited as the “Arkansas Genetic Counselor Licensure Act”.

Ark. Code Ann. § 17-95-1102 Definitions.

As used in this subchapter: (1) “Genetic counseling” means the process of assisting individuals with understanding and adapting to the medical, psychological, and familial implications of genetic contributions to disease, which includes without limitation: (A) Interpreting family and medical histories to assess the chance of disease occurrence or recurrence; (B) Educating an individual or an individual's family about inheritance, testing, management, prevention, resources, and research; (C) Counseling an individual or an individual's family to promote informed choices and adaption to the risk or condition; (D) Estimating the likelihood of occurrence or recurrence of any potentially inherited or genetically influenced condition, which may involve: (i) Obtaining and analyzing a complete health history of the individual and the individual's family; (ii) Reviewing the pertinent medical records; (iii) Evaluating the risks from exposure to possible mutagens or teratogens; and (iv) Discussing genetic testing to assist in the diagnosis of a condition or determine the carrier status of one (1) or more family members; (E) Assisting the individual, the individual's family, the individual's healthcare provider, or the public to: (i) Appreciate the medical, psychological, and social implications of a disorder, including the features, variability, usual course, and management options of the disorder; (ii) Learn how genetic factors contribute to the disorder and affect the chance for recurrence of the condition in other family members; (iii) Understand available options for coping with, preventing, or reducing the chance of occurrence or recurrence of a condition; and (iv) Understand genetic tests, including without limitation diagnostic genetic tests, screening tests, or predispositional genetic tests, coordinate testing for inherited disorders, and interpret complex genetic test results; and (F) Facilitating an individual's or an individual's family's: (i) Exploration of the perception of risk and burden associated with a genetic disorder; (ii) Decision-making regarding testing or medical interventions consistent with their beliefs, goals, needs, resources, culture, and ethical or moral views; and (iii) Adjustment and adaption to the condition or their genetic risk by addressing the need for psychological, social, and medical support; (2) “Licensed genetic counselor” means a person who is licensed under this subchapter to engage in the practice of genetic counseling; and (3)(A) “Supervision” means the ongoing, direct clinical review for the purposes of training or teaching, by an approved supervisor who monitors the performance or a person's supervised interaction with a client and provides regular documented face-to-face consultation, guidance, and instructions with respect to the clinical skills and competencies of the person supervised. (B) “Supervision” may include without limitation the review of case presentation, audio tapes, video tapes, and direct observation.

Ark. Code Ann. § 17-95-1103 Exemptions from genetic counselor licensure.

This subchapter does not require licensure as a genetic counselor of: (1) An individual who is licensed or lawfully permitted to practice by this state as a healthcare professional and who is practicing within his or her scope of practice, including without limitation a physician or an advanced practice registered nurse; (2) An individual who has successfully completed an accredited genetic counseling training program and who is: (A) Reapplying for the American Board of Genetic Counseling certification examination and gathering logbook cases under supervision at an approved genetic counseling training site; or (B) Practicing under direct supervision of a licensed physician; (3) A student enrolled in an approved academic program in genetic counseling if the practice constitutes a part of a supervised course of study and the student is designated by a title that clearly indicates the student's status as a student or trainee; (4)(A) An individual who is employed by a state genetics center to provide education regarding single gene conditions, including without limitation sickle cell, cystic fibrosis, and hemoglobinopathies. (B) An individual described in subdivision (4)(A) of this section shall not use the title “genetic counselor” or any other title tending to indicate that he or she is a genetic counselor unless he or she is licensed in this state; and (5)(A) A visiting genetic counselor who is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics from outside the state performing activities and services for a period of thirty (30) days each year. (B) A visiting genetic counselor shall be licensed if the license is available in his or her home state.

Ark. Code Ann. § 17-95-1104 Authority of the Arkansas State Medical Board.

The Arkansas State Medical Board shall: (1) Develop appropriate rules necessary to regulate genetic counselors; (2) Receive, review, and approve applications for genetic counselor licensure; (3) Issue, renew, suspend, revoke, or deny licensure as a genetic counselor; (4) Conduct hearings on investigative and disciplinary proceedings; (5)(A) Maintain a database of all licensees and all persons whose licenses have been suspended, revoked, or denied. (B) Access to a database under subdivision (5)(A) of this section shall be available upon written request and payment of an appropriate fee as determined by the board; and (6) Perform other functions and duties required to carry out this subchapter.

Ark. Code Ann. § 17-95-1105 Title protection.

A person shall not use or assume the title “licensed genetic counselor” or “genetic counselor” or use any words, letters, abbreviations, or insignia indicating or implying that the person holds a genetic counselor license unless the person is licensed by the Arkansas State Medical Board.

Ark. Code Ann. § 17-95-1106 Genetic counselor licensure.

(a) The Arkansas State Medical Board shall license as a licensed genetic counselor an applicant who: (1) Submits an application approved by the Arkansas State Medical Board; (2) Pays an application fee approved by the Arkansas State Medical Board that is comparable to other fees for licensure of other midlevel healthcare professionals licensed by the Arkansas State Medical Board; and (3) Provides evidence of: (A) Having earned a master's degree from a genetic counseling training program that is accredited by the American Board of Genetic Counseling or an equivalent as determined by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics; and (B) Meets the examination requirements for certification and has current certification as a genetic counselor by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics. (b)(1) The Arkansas State Medical Board may issue a license to an applicant who provides evidence that he or she is licensed to practice as a genetic counselor in another state or territory if the requirements for licensure in the other state or territory are equal to the requirements in this subchapter. (2) The issuance of a license by reciprocity shall be at the sole discretion of the Arkansas State Medical Board.

Ark. Code Ann. § 17-95-1107 Renewal of genetic counselor license.

(a) Except in the case of a temporary license under § 17-95-1108, a license shall be valid for a two-year period from the date of issuance. (b) Upon receipt of a renewal application and renewal fees as determined by the Arkansas State Medical Board, the board shall renew a license to practice as a licensed genetic counselor. (c)(1) As a condition of licensure renewal, a licensed genetic counselor shall submit documentation that he or she has completed fifty (50) hours of continuing education units approved by the board. (2) The licensed genetic counselor is responsible for maintaining: (A) Competent records of having completed qualified professional education for a period of four (4) years after close of the two-year period to which the records pertain; and (B) Information with respect to having completed a qualified professional education to demonstrate that the education meets the requirements of this subchapter. (3) The board may waive the continuing education requirement or grant an extension of time to complete the continuing education requirement in cases of retirement, illness, disability, or other undue hardship.

Ark. Code Ann. § 17-95-1108 Temporary licensure.

(a)(1) The Arkansas State Medical Board may issue a temporary license to an applicant who does not meet the certification requirement in § 17-95-1106 if the applicant: (A) Has been granted an active-candidate status by the American Board of Genetic Counseling; (B) Applies for and takes the certification examination within twelve (12) months of the issuance of a temporary license; and (C) Submits an application and appropriate application fees to the Arkansas State Medical Board. (2) A temporary license is valid for one (1) year from the date of issuance. (3)(A) A temporary license may be renewed for one (1) year if the applicant fails on his or her first attempt to pass the certification examination of the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics. (B) An application for renewal shall be signed by a supervisor of the applicant. (4) A temporary license shall expire automatically upon the earliest of: (A) The date of issuance of a license under § 17-95-1106; (B) Ninety (90) days after the date that the applicant fails on his or her second attempt to pass the certification examination; or (C) The date printed on the temporary license. (b) As a condition of temporary licensure, an applicant shall work under the supervision of a licensed genetic counselor or a licensed physician with current American Board of Genetic Counseling certification in clinical genetics when the applicant provides genetic counseling services. (c) A temporary license shall not be issued if the applicant has failed the American Board of Genetic Counseling certification examination more than two (2) times.

Ark. Code Ann. § 17-95-1109 Denial, suspension, revocation, or refusal to renew — Censure.

(a) The Arkansas State Medical Board may deny, suspend, revoke, or refuse to renew a license, or may reprimand, censure, place on probation, or otherwise discipline a licensee, upon proof that the licensee has: (1) Obtained or attempted to obtain a license by fraud or deception; (2) Been convicted of a felony under state or federal law; (3) Been adjudicated mentally ill or incompetent by a court; (4) Used illicit drugs or intoxicating liquors, narcotics, controlled substances, or other drugs or stimulants to an extent that adversely affects the practice of genetic counseling; (5) Engaged in unethical or unprofessional conduct, including without limitation willful acts, negligence, or incompetence in the course of professional practice; (6) Violated any provision of this subchapter or any rule of the board; or (7) Been denied licensure or disciplined in another state or territory in connection with a license in another state or territory. (b) A licensee under subsection (a) of this section shall promptly deliver his or her license to the board if the licensee: (1) Has his or her license suspended or revoked; or (2) Surrenders his or her license with or without prejudice if the surrender is approved by the board. (c) The board may restore a license or remove a probation on a license based on the decision of the board.

Ark. Code Ann. § 17-95-1110 Surrendering license due to retirement.

(a) In order to retire his or her license, a licensed genetic counselor shall file an affidavit with the Arkansas State Medical Board stating the date on which the individual will retire or has retired and other information determined necessary by the board. (b) If a licensed genetic counselor retires his or her license as described in subsection (a) of this section, the individual shall apply for licensure as provided in § 17-95-1106 and is not liable for renewal fees that may accrue during the retirement period.

Ark. Code Ann. § 17-95-1201 Text of compact.

The Interstate Medical 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: INTERSTATE MEDICAL LICENSURE COMPACT

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