Ark. Code Ann. § 17-102-101 Title.
This chapter shall be known as the “Arkansas Acupuncture Practices Act”.
Acupuncturists
Ark. Code Ann. tit. 17, ch. 102
in effectArk. Code Ann. § 17-102-102 Definitions.
As used in this chapter:
(1) “Acupuncture” means the insertion, manipulation, and removal of needles from the body and the use of other modalities and procedures at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health, but acupuncture shall not be considered surgery;
(2) “Acupuncturist” means a person licensed under this chapter to practice acupuncture and related techniques in this state and includes the terms “licensed acupuncturist”, “certified acupuncturist”, “acupuncture practitioner”, and “Oriental acupuncture practitioner”;
(3) “Board” means the Arkansas State Board of Acupuncture and Related Techniques;
(4) “Chiropractic physician” means a person licensed under the Arkansas Chiropractic Practices Act, § 17-81-101 et seq.;
(5) “Moxibustion” means the use of heat on, or above, or on acupuncture needles, at specific locations on the body for the prevention, cure, or correction of a malady, illness, injury, pain, or other condition or disorder; and
(6)(A) “Related techniques” means the distinct system of basic health care that uses all allied diagnostic and treatment techniques of acupuncture, Oriental, traditional, and modern, for the prevention or correction of a malady, illness, injury, pain, or other condition or disorder by controlling and regulating the flow and balance of energy and functioning of the patient to restore and maintain health.
(B) As used in this subdivision (6), “related techniques” includes, but is not limited to, acupuncture, moxibustion or other heating modalities, cupping, magnets, cold laser, electroacupuncture including electrodermal assessment, application of cold packs, ion pumping cord, lifestyle counseling, including general eating guidelines, tui na, massage incidental to acupuncture, breathing and exercising techniques, and the recommendation of Chinese herbal medicine lawfully and commercially available in the United States. Provided, “related techniques”, including, but not limited to, tui na, shall not involve manipulation, mobilization, or adjustment to the spine or extraspinal articulations.
Ark. Code Ann. § 17-102-103 Disposition of funds.
(a)(1) All fees authorized by this chapter are the property of the Arkansas State Board of Acupuncture and Related Techniques and shall be provided to the Treasurer of the Arkansas State Board of Acupuncture and Related Techniques to be disposed of as provided in this chapter.
(2) Any surplus in the treasury of the board at the end of the fiscal year shall remain in the treasury and may be expended in succeeding years for the purposes herein set out.
(b) All funds received by the board shall be deposited into a financial institution designated by the board and expended in the furtherance of the purposes of this chapter and the board's duties thereunder, which include, but are not limited to:
(1) The publication and distribution of the Arkansas Acupuncture Practices Act, § 17-102-101 et seq.;
(2) The publication and yearly distribution of a directory of all licensed acupuncturists;
(3) Investigations of violations of this chapter;
(4) Institution of actions to compel compliance with the provisions of this chapter; and
(5) Defense of actions brought against it as a result of its actions under the provisions of this chapter.
Ark. Code Ann. § 17-102-104 False advertising.
(a) An acupuncturist shall not solicit for patronage or advertise for patronage by any means whatever that are misleading, fraudulent, deceptive, or dishonest.
(b) It constitutes false advertising under this section for an acupuncturist as defined in § 17-102-102(2) to refer to himself or herself other than as a licensed acupuncturist, certified acupuncturist, acupuncture practitioner, or Oriental acupuncture practitioner.
(c) A person licensed or certified under this chapter shall not identify himself or herself as a doctor or physician.
(d) A violation of this section is grounds for disciplinary action under § 17-102-309(a)(4).
Ark. Code Ann. § 17-102-105 Public health and sanitation.
(a) Acupuncturists shall use only presterilized, disposable needles in their administration of acupuncture treatments. The use of staples in the practice of acupuncture is unlawful.
(b) Sanitation practices shall include:
(1) Hands shall be washed with soap and water or other disinfectant before handling needles and between treatment of different patients; and
(2) Skin in the area of penetration shall be thoroughly swabbed with alcohol or other germicidal solution before inserting needles.
(c) No person shall be allowed to practice acupuncture and related techniques without first having passed a nationally recognized clean-needle-technique course.
Ark. Code Ann. § 17-102-106 Prosecution of violations.
It shall be the duty of the several prosecuting attorneys of the State of Arkansas to prosecute to final judgment every criminal violation of this chapter committed within their jurisdictions when requested and authorized by the Arkansas State Board of Acupuncture and Related Techniques.
Ark. Code Ann. § 17-102-202 Board members — Qualifications.
(a) Each member of the Arkansas State Board of Acupuncture and Related Techniques shall be a citizen of the United States, a resident of this state, and, before entering upon the duties of the office, shall take the oath prescribed by the Arkansas Constitution for state officers and shall file it with the Secretary of State who shall thereupon issue to each person so appointed a certificate of appointment.
(b) Each full professional member also shall be a graduate of a reputable school or institute of acupuncture or Oriental medicine and be certified by the National Certification Commission for Acupuncture and Oriental Medicine.
Ark. Code Ann. § 17-102-203 Board members — Liability.
No member of the Arkansas State Board of Acupuncture and Related Techniques during the term of his or her office or thereafter shall be liable for damages as a result of any official act in the performance of his or her duty as such a member. Any action therefor shall upon motion be dismissed with prejudice at the cost of the plaintiff.
Ark. Code Ann. § 17-102-204 Board organization — Meetings.
(a) The Arkansas State Board of Acupuncture and Related Techniques shall hold a meeting in May each year and elect from the board's membership a president, a secretary, and a treasurer for terms set by the board.
(b)(1) It shall be the duty of the board to meet regularly one (1) time in every six (6) months.
(2) Special meetings of the board may be called at any time at the pleasure of the President of the Arkansas State Board of Acupuncture and Related Techniques or by the Secretary of the Arkansas State Board of Acupuncture and Related Techniques on the request of any two (2) full members of the board.
(3) Three (3) full members shall constitute a quorum at any meeting of the board.
(c) The board shall determine by its own rules the time and manner of giving notice to members of meetings and other matters.
(d) Any action of the board shall require an affirmative vote of a majority of the full membership of the board, excluding the ex officio member.
Ark. Code Ann. § 17-102-205 Board minutes — Records.
(a) The Secretary of the Arkansas State Board of Acupuncture and Related Techniques shall keep a record of the minutes of its meetings and a record of all persons making application for license and the action of the Arkansas State Board of Acupuncture and Related Techniques thereon.
(b) The secretary shall also keep a record of the names, addresses, and license numbers of all acupuncturists licensed by the board, together with a record of license renewals, suspensions, and revocations.
Ark. Code Ann. § 17-102-206 Board duties and powers.
(a)(1) The Arkansas State Board of Acupuncture and Related Techniques is empowered to incur whatever expenses it may deem necessary or expedient in performing its functions.
(2) All of the disbursements provided for in this section shall be out of the fees and fines collected by the Arkansas State Board of Acupuncture and Related Techniques.
(b) The Arkansas State Board of Acupuncture and Related Techniques is authorized to:
(1) Make suitable bylaws for carrying out the duties of the Arkansas State Board of Acupuncture and Related Techniques under the provisions of this chapter;
(2) Sue and be sued;
(3) Have an official seal that shall bear the words “Arkansas State Board of Acupuncture and Related Techniques”;
(4)(A) Provide a secretary's certificate.
(B) The certificate of the Secretary of the Arkansas State Board of Acupuncture and Related Techniques under seal shall be accepted in the courts of the state as the best evidence as to the minutes of the Arkansas State Board of Acupuncture and Related Techniques and shall likewise be accepted in the courts of the state as the best evidence as to the licensure or nonlicensure of any person under the requirements of this chapter;
(5)(A) Adopt, publish, and, from time to time, revise rules consistent with the law as may be necessary to enable the Arkansas State Board of Acupuncture and Related Techniques to carry into effect the provisions of this chapter.
(B) All proposed rules shall be approved in writing by the Arkansas State Medical Board under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., but before submission to the Administrative Rules Subcommittee of the Legislative Council;
(6) Keep a record of all proceedings, receipts, and disbursements of the Arkansas State Board of Acupuncture and Related Techniques;
(7) Adopt standards for applicants wishing to take the licensing examination and conduct examinations or contract with persons or entities to conduct examinations of applicants;
(8)(A) Grant, deny, renew, suspend, or revoke licenses to practice acupuncture and related techniques for any cause stated in this chapter.
(B) Except as otherwise provided by this chapter, the Arkansas State Board of Acupuncture and Related Techniques shall have exclusive jurisdiction to determine who shall be permitted to practice acupuncture and related techniques in the State of Arkansas; and
(9) Conduct disciplinary proceedings under this chapter.
(c)(1) In the performance of the duties of the Arkansas State Board of Acupuncture and Related Techniques, the Arkansas State Board of Acupuncture and Related Techniques may administer oaths and take testimony on any matters within the Arkansas State Board of Acupuncture and Related Techniques' jurisdiction and issue subpoenas and thereby compel the attendance of persons before the Arkansas State Board of Acupuncture and Related Techniques for the purpose of examining any facts or conditions properly pending before the Arkansas State Board of Acupuncture and Related Techniques for action of the Arkansas State Board of Acupuncture and Related Techniques.
(2) All subpoenas issued by the Arkansas State Board of Acupuncture and Related Techniques shall be served in the manner prescribed by law for the service of subpoenas issuing from the courts, and all persons so served shall obey the subpoenas or be subject to the penalties provided by law for the disobedience of subpoenas issuing from the courts.
Ark. Code Ann. § 17-102-301 License required.
In order to safeguard life and health, any person practicing acupuncture and related techniques in the state for compensation or gratuitously shall be required to submit evidence that he or she is qualified to practice and licensed as provided in this chapter.
Ark. Code Ann. § 17-102-303 Unlawful practice — Penalty — Injunction.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any person not licensed under the provisions of this chapter:
(1) To practice or offer to practice acupuncture and related techniques; or
(2) To use any sign, card, or device to indicate that the person is an acupuncturist.
(b) Except as otherwise provided in this chapter, any person who shall attempt to practice acupuncture and related techniques as defined in this chapter without having first been licensed or otherwise permitted under the provisions of this chapter to do so, shall be deemed guilty of a misdemeanor. Upon conviction, he or she shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than eleven (11) months, or by both fine and imprisonment. Each day shall constitute a separate offense.
(c) The courts of this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of acupuncture and related techniques in a proceeding by the Arkansas State Board of Acupuncture and Related Techniques 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 or in Pulaski County. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of the provisions of this chapter, but the remedy of injunction shall be in addition to liability to criminal prosecution.
Ark. Code Ann. § 17-102-304 Application — Fees — Qualifications.
(a)(1) No person shall be licensed to practice acupuncture and related techniques unless he or she has passed an examination and has been found to have the necessary qualifications as prescribed in the rules adopted by the Arkansas State Board of Acupuncture and Related Techniques.
(2)(A) Applications for a license to practice acupuncture and related techniques in the State of Arkansas pursuant to this chapter shall be made to the Secretary of the Arkansas State Board of Acupuncture and Related Techniques in writing on forms furnished by the board.
(B) The application shall be signed by the applicant in his or her own handwriting and acknowledged before an officer authorized to administer oaths.
(3) Before any applicant shall be eligible for an examination, the applicant shall furnish satisfactory proof to the board that he or she:
(A) Has successfully completed not fewer than sixty (60) semester credit hours of college education, to include a minimum of thirty (30) semester credit hours in the field of science; and
(B) Has completed a program in acupuncture and related techniques and has received a certificate or diploma from an institute approved by the board as described in this section. The training received in the program shall be for a period of no fewer than four (4) academic years and shall include a minimum of eight hundred (800) hours of supervised clinical practice.
(b) Before approval of an institute of acupuncture and related techniques, the board shall determine that the institute meets standards of professional education. These standards shall provide that the institute:
(1) Require, as a prerequisite to graduation, a program of study of at least four (4) academic years;
(2) Meet the minimum requirements of a board-approved national accrediting body;
(3) Require participation in a carefully supervised clinical or internship program; and
(4) Confer a certificate, diploma, or degree in acupuncture and related techniques only after personal attendance in classes and clinics.
(c) To qualify to take the examination, an applicant additionally must:
(1) Be at least twenty-one (21) years of age;
(2) Be a citizen of the United States or a legal resident;
(3) Not have had a license to practice acupuncture and related techniques in any other state suspended or revoked nor have been placed on probation for any cause;
(4) Not have been convicted of a felony listed under § 17-3-102; and
(5) Not be a habitual user of intoxicants, drugs, or hallucinatory preparations.
(d) The board may charge the following fees:
(1) Initial application for licensing, a fee not to exceed two hundred fifty dollars ($250);
(2) Written and practical examination not including the cost of the nationally recognized examination, a fee not to exceed three hundred fifty dollars ($350);
(3) Biennial licensing renewal, a fee not to exceed four hundred dollars ($400);
(4) Late renewal more than thirty (30) days, but not later than one (1) year, after expiration of a license, which late fee is in addition to any other fees, a fee not to exceed one hundred dollars ($100);
(5) Reciprocal licensing, a fee not to exceed seven hundred fifty dollars ($750);
(6) Annual continuing education provider registration, a fee not to exceed two hundred dollars ($200); and
(7) Any and all fees to cover reasonable and necessary administrative expenses.
(e)(1)(A) If the applicant is approved, the applicant shall be admitted for examination.
(B) Should the applicant pass the examination, no part of the fee shall be returned, and the applicant shall be issued a license to practice acupuncture and related techniques in accordance with this chapter.
(C) Should an applicant be approved but fail to appear for the examination, no part of his or her fee shall be returned, but the applicant shall be eligible for examination at a later date.
(D) Should the approved applicant fail the examination, no part of his or her fee shall be returned, and the applicant shall be eligible for reexamination at a later date, at the discretion of the board, upon paying an examination fee of fifty dollars ($50.00) per failed subject up to one hundred fifty dollars ($150).
(2) If the applicant is not approved, the application and one-half (½) of the examination fee shall be returned to the applicant with the reasons for the disapproval clearly stated.
Ark. Code Ann. § 17-102-305 Examinations.
(a) Examinations shall be given in English and in writing and shall include the following subjects:
(1) Anatomy and physiology;
(2) Pathology;
(3) Diagnosis;
(4) Hygiene, sanitation, and sterilization techniques;
(5) Acupuncture and related principles, practices, and techniques; and
(6) Chinese herbal medicine.
(b) The Arkansas State Board of Acupuncture and Related Techniques shall hold an examination at least one (1) time each calendar year, and all applicants shall be notified in writing of the date and time of all examinations. The board may utilize a nationally recognized examination if it deems the national exam is sufficient to qualify a practitioner for licensure in this state.
(c) The board shall issue a license to every applicant whose application has been filed with and approved by the board and who has paid the required fees and who either:
(1) Has passed the board's examination with a score on each subject of not less than seventy percent (70%); or
(2) Has achieved a passing score on a board-approved nationally recognized examination.
Ark. Code Ann. § 17-102-306 Display of license.
A person licensed under this chapter shall post his or her license in a conspicuous location in his or her place of practice.
Ark. Code Ann. § 17-102-307 License renewal.
Each licensee shall be required to pay biennial license renewal fees and meet continuing education requirements as specified in this chapter. A licensee who fails to renew his or her license within one (1) year after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new license if he or she meets the following requirements:
(1) Meets all current standards of the Arkansas State Board of Acupuncture and Related Techniques; and
(2) Takes and passes the examination and pays all fees associated therewith as if seeking a license for the first time.
Ark. Code Ann. § 17-102-308 Continuing education.
(a) The Arkansas State Board of Acupuncture and Related Techniques shall not renew the license of any person engaged in the practice of acupuncture and related techniques unless the licensee presents to the board evidence of attendance at a board-approved educational session or sessions of not fewer than twenty-four (24) hours of continuing education within the previous biennial period.
(b) Licensees residing out of state shall comply with the continuing education requirements.
(c) The presentation of a fraudulent or forged evidence of attendance at an educational session shall be a cause for suspension or revocation of the holder's license.
Ark. Code Ann. § 17-102-309 Disciplinary actions — Grounds — Action by the board.
(a) The following acts by an applicant for a license or by a licensed acupuncturist shall constitute grounds for which the disciplinary actions specified in subsection (b) of this section may be taken by the Arkansas State Board of Acupuncture and Related Techniques:
(1) Attempting to obtain, obtaining, or renewing a license to practice acupuncture and related techniques by bribery, fraud, or deceit;
(2) Having pled guilty or nolo contendere to, or having been found guilty of, a crime in any jurisdiction which directly relates to the practice of acupuncture and related techniques or to the ability to practice same;
(3) Advertising, practicing, or attempting to practice under a name other than one's own;
(4) Making deceptive, untrue, or fraudulent representations in the practice of acupuncture and related techniques;
(5) Becoming mentally incompetent or unfit or incompetent by reason of negligence, habits, or other causes;
(6) Becoming habitually intemperate or addicted to the use of habit-forming drugs, illegal drugs, or alcohol;
(7) Acting unprofessionally in the practice of acupuncture and related techniques;
(8) Committing fraud or deceit in filing insurance forms, documents, or information pertaining to the health or welfare of a patient; or
(9) Willfully or repeatedly violating any of the provisions of this chapter or any rule or order of the board.
(b) When the board finds any person guilty of any of the acts set forth in subsection (a) of this section, it has the sole authority to:
(1) Refuse to issue a license to the offender;
(2) Revoke or suspend the offender's license;
(3) Restrict the practice of the offender;
(4) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense;
(5) Reprimand the offender; or
(6) Place the offender on probation for a period of time and subject to such conditions as the board may specify.
(c) The board shall not reinstate the license of a acupuncturist or cause a license to be issued to a person it has deemed to be unqualified until such time as the board is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that he or she is capable of safely engaging in the practice of acupuncture and related techniques.
(d) Disciplinary proceedings taken under this section shall be as provided in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 17-102-310 Exempted activities.
Nothing herein shall be construed to prohibit or to require a license hereunder with respect to the practice of medicine and surgery, chiropractic, osteopathy, dentistry, podiatry, optometry, Christian Science, physical therapy, cosmetology, massage therapy, or any branch of the healing arts as defined by the laws of this state as now or hereafter enacted, it not being intended by this chapter to limit, restrict, enlarge, or alter the privileges and practices of any of these professions or branches of the healing arts.
Ark. Code Ann. § 17-102-311 Exemptions.
(a) This chapter does not limit, interfere with, or prevent any other class of licensed healthcare professionals from practicing acupuncture and related techniques when permitted by its state licensing board.
(b) However, a chiropractic physician may practice acupuncture as part of chiropractic practice after completing an educational program in acupuncture from a college accredited by the Council on Chiropractic Education.
(c) A massage therapist may practice cupping therapy as part of massage therapy after completing an educational program in cupping therapy.
Ark. Code Ann. § 17-102-312 Legend drugs.
An acupuncturist as defined in § 17-102-102(2) shall not prescribe, dispense, or administer a legend drug as defined under § 20-64-503 .
Ark. Code Ann. § 17-102-313 Injections.
An acupuncturist as defined in § 17-102-102(2) shall not administer an injection of a substance.
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