Current through Register Vol. 49, No. 9, September, 2024
RULE NO. 1:
1.
B. The
Board meets at least quarterly to examine applicants for licensure, hear
complaints, and transact other business that comes before it. The dates for
quarterly or special meetings shall be determined by the Board. The day to day
business of the Board is conducted by the Executive Director. All subsequent
Rules referring or using the word(s) executive secretary and/or secretary are
hereby changed to Executive Director.
2.
A. The
Board holds hearings on licensees pursuant to the Administrative Procedure Act.
Upon receipt of information indicating a possible violation of a licensing
statute, the Board or its designee may investigate the information and report
to the full board. If warranted, a complaint and notice of hearing will be
issued informing the licensee of the alleged statutory or regulatory violation,
the factual basis of the allegation, and the date, time, and place of the
hearing. This complaint and notice of hearing shall be sent at least thirty
(30) days in advance of the scheduled hearing date and shall contain a copy of
this and any other pertinent rule.
B. If the Board receives information
indicating that the public health, safety, or welfare requires emergency
action, the Board may suspend a person's license pending proceedings for
revocation or other action. An emergency order of suspension will be issued
informing the licensee of the facts or conduct warranting the suspension, and
the date, time, and place of the hearing. This emergency order shall contain a
copy of this and any other pertinent rule.
RULE NO. 2:
"Malpractice" includes any professional misconduct,
unreasonable lack of skill or fidelity in professional duties, evil practice,
or illegal conduct in the practice of medicine and surgery.
1. Violation of laws, rules, and procedures
governing payment to physicians for medical services for eligible public
assistance recipients and/or other third party payment programs.
h. The definition of "excessive" as contained
in this Rule shall not apply to prescriptions written for a patient in hospice
care, in active cancer treatment, palliative care, end-of-life care, nursing
home, assisted living or a patient while in an inpatient setting or in an
emergency situation.
6.
A.
d. The
physician/physician assistant will be licensed appropriately in Arkansas and
have a valid controlled substance registration and comply with the Federal and
State rules for the issuing of controlled substances and prescriptions, more
especially the regulations as set forth in 21 Code of Federal Regulations
Section 1300, et sequence.
B.
c.
i. For a patient with chronic nonmalignant
pain, a prescriber, at a minimum and in addition to any additional requirements
of the Arkansas State Medical Board, shall:
1.
Check the prescriptive history of the patient on the Prescription Drug
Monitoring Program pursuant to Rule 41;
2. Follow the specific requirements of Rule
19 and any and all other regulations of the Arkansas State Medical Board
pertaining to prescribing.
ii. For prescribers licensed after December
31,2015, within the first two (2) years of being granted a license in the
state, a prescriber shall obtain a minimum of three (3) hours of prescribing
education approved by the Arkansas State Medical Board. The education approved
by the board under this section shall include:
1. Options for online and in-person programs;
and
2. Information on prescribing
rules, y and laws that apply to individuals who are licensed in the
state.
3. Information and
instructions on prescribing controlled substances, record keeping and
maintaining safe and professional boundaries.
7. A
licensed physician/physician assistant engaging in sexual contact, sexual
relations or romantic relationship with a patient concurrent with the
physician/physician assistant-patient relationship; or a licensed
physician/physician assistant engaging in the same conduct with a former
patient, if the physician/physician assistant uses or exploits trust,
knowledge, emotions or influence derived from the previous professional
relationship, shows a lack of fidelity of professional duties, thus exhibiting
gross negligence and ignorant malpractice. A patient's consent to, initiation
of. or participation in sexual relationship or conduct with a
physician/physician assistant does not change the nature of the conduct nor the
prohibition.
8.
A. For purposes of this rule, a proper
Patient/Provider relationship, at a minimum requires that:
B. For the purposes of this rule, a proper
Patient/Provider relationship is deemed to exist in the following
situations:
C. Exceptions --
Recognizing a Provider's duty to adhere to the applicable standard of care, the
following situations are hereby excluded from the requirement of this rule:
1. Emergency situations where the life or
health of the patient is in danger or imminent danger.
2. Simply providing information of a generic
nature not meant to be specific to an individual patient.
3. This Rule does not apply to prescriptions
written or medications issued for use in expedited heterosexual partner therapy
for the sexually transmitted diseases of gonorrhea and/or chlamydia.
4. This Rule does not apply to the
administration of vaccines containing tetanus toxoid (e.g., DTaP, DTP, DT,
Tdap, Td, or TT) or inactive influenza vaccines.
RULE NO. 3: UNRESTRICTED LICENSURE
FOR GRADUATES OF FOREIGN MEDICAL SCHOOLS
Unrestricted license may now be applied for by graduates of
foreign medical schools provided they can comply with the following
requirements and meet the approval of the Board of Medical Examiners;
1. Be twenty-one years of age.
2. Demonstrated in personal interview the
ability to read, write, and speak English fluently; and also demonstrate
adequate training and ability sufficient to permit the practice of medicine in
accordance with accepted medical practice in the State of Arkansas.
3. Present documented evidence that he or she
served three years as an intern or resident in an accredited postgraduate
medical education program in the United States; or, completed one year as an
intern or resident in an accredited post-graduate medical program in the United
States and be currently enrolled in an accredited post-graduate medical program
in Arkansas. The Applicant should further provide a Letter of Recommendation
from the Intern or Residency Director, outlining the Applicant Physician's
competence in the practice of medicine and his ability to appropriately
interact with patients and other medical staff
4. Provide indisputable
identification.
5. Present a
Standard ECFMG (Educational Commission for Foreign Medical Graduates Exam)
Certificate.
6.
A. Present proof of successful completion of
Steps 1,2 and 3 of the USMLE (United States Medical Licensing Exam).
RULE NO. 4: RULES
GOVERNING PHYSICIAN'S ASSISTANTS REPEALED: October 7, 1999;
REPLACED BY RULE 24; ADOPTED FEBRUARY 4, 2000.
RULE NO. 5: RULES FOR PHYSICAL THERAPIST
ASSISTANTS AND PHYSICAL THERAPIST ASSISTANTS TRAINEE
RULE NO. 6: RULES GOVERNING THE LICENSING AND
PRACTICE OF OCCUPATIONAL THERAPISTS
3.1 BY
EXAMINATION. The Board shall register as an occupational therapist or
occupational therapy assistant and shall issue a license to any person who
satisfactorily passes the said examination provided for in these Rules, and who
otherwise meets the requirements for qualification contained herein and pays a
fee as determined by the Board.
3.3
(c)
(8)
Therapists receiving a new license will not be required to submit for
continuing education credit during the first partial year of licensure. Failure
to submit verification of continuing education for renewal will result in
issuance of a "failure to comply" notification. If the continuing education
submitted for credit is deemed by the Committee to be unrelated to the
profession of occupational therapy, the applicant will be given three (3)
months to earn and submit replacement hours. These hours will be considered as
replacement hours and cannot be counted during the next licensure period. If
the applicant feels the continuing education credit has been denied
inappropriately, the applicant may appeal the issue to the Board for
determination within thirty (30) days of the date of receiving notice from the
Committee. The Board will be responsible for maintaining all of the records
involved in the continuing education requirements set forth in this rule. The
re-registration fee and proof of continuing education completed, as set forth
above, shall be presented to the Board and the Committee before or during the
birth month of the license holder each year. Failure to re-register and comply
with the continuing education requirements by the last day of the birth month
of the license holder of that year shall cause the license of the occupational
therapist or occupational therapy assistant in question to automatically
expire. This requirement becomes effective 1993 with the first submission of
continuing education credits being required in January of
1994.
RULE NO.
7: RULES GOVERNING THE PRESCRIBING OF AMPHETAMINES
The ASMB believes it is prudent to provide prescribing
guidelines to help ensure the safety of patients in the state of Arkansas.
Therefore, in addition to the requirement that all prescriptions for stimulants
comply with both state and federal laws, this rule will also require the
following:
Violations of this rule may be interpreted by the Board as the
physician exhibiting gross negligence or ignorant malpractice and shall subject
the physician to all penalties provided by Arkansas Code Ann.§
17-95-410.
RULE NO. 10: RULES GOVERNING THE LICENSING
AND PRACTICE OF RESPIRATORY CARE PRACTITIONERS
3.7 REFUSAL, REVOCATION. AND/OR SUSPENSION OF
LICENSE.
(c) Who is, in the judgment of the
Board, guilty of unprofessional conduct;
(d) Who has been convicted of any crime
listed in A.C.A. §
17-3-102;
RULE NO. 12:
4. Violation of the provision of Act 515 of
1983 or violations of these shall constitute "unprofessional conduct" and shall
subject the violator to disciplinary action as provided by Ark. Code Ann.
17-95-409.
RULE NO. 13:
WHEREAS, the Arkansas State Medical Board is vested with
discretion (pursuant to Arkansas Code Annotated §
17-95-405)
to issue a license to practice medicine to a physician who has been issued a
license to practice medicine in another state, "whose requirements for
licensure are equal to those established by the State of Arkansas" without
requiring further examination; and in order to establish objective criteria of
equivalency in licensure requirements, the Board hereby finds that all
applicants for licensure who were graduated from an American or Canadian
medical school prior to 1975 and who otherwise meet all other requirements for
licensure in this State shall be determined to meet the requirements for
licensure in this State upon presentation of satisfactory evidence that they
have successfully completed the examination required by the licensing authority
in the State in which they were originally licensed. All applicants for
licensure who were graduated from an American or Canadian Medical School
subsequent to 1975 shall be required to present evidence of satisfactory
completion of one of the examinations listed in Rule 14. Graduates of Canadian
medical schools shall be deemed to have satisfied the equivalency requirements
by providing proof of completion of the LMCC (Licentiate of the Medical Council
of Canada) examination. Graduates of foreign medical schools must comply with
the requirements of Rule 3 and Rule 14, regardless of the State in which they
are licensed. All applicants must complete and submit such information as the
Board requests on its application form for licensure by credentials.
RULE NO. 14:
The above combinations of examinations in no way is to imply
that one cannot take the entire examination, that being those exams listed in
Rule 14-1, and passing the same.
RULE NO.
15: NURSE PRACTITIONER REGISTRATION AND SUPERVISION
RULE NO. 16: PHYSICIANS, HIV, HBV AND HCV
15. A practitioner who is HbeAg seropositive
or HIV seropositive, or who otherwise knows or should know that he or she
carries and is capable of transmitting HBV, HCV or HIV, shall not thereafter
perform or participate directly in an exposure-prone procedure except as
provided in this Rule:
18. Reports
and information furnished to the Arkansas State Medical Board relative to the
HbeAg, HCV or HIV status of a practitioner shall not be deemed to constitute a
public record but shall be deemed and maintained by the Board as confidential
and privileged as a medical record and shall not be subject to disclosure by
means of subpoena in any judicial, administrative or investigative proceeding:
provided that the practitioner adheres to the Rules of the Board and is willing
to subject himself to counseling, review and monitoring by the Board or its
designated agent.
19. Upon the
Board learning that a practitioner is HbeAg or HIV seropositive the Board, or
the Board's agents, will make contact with said practitioner, review the Rules
of the Board and set up a process of monitoring that individual's
practice.
20. The monitoring of
practitioners and disciplining of practitioners as set forth in this Rule will
be reported to the Arkansas Department of Health but will remain
confidential.
21. If the
practitioner does not comply with this Rule of the board that practitioner will
be deemed to have been grossly negligent and committed ignorant malpractice and
further that practitioner would be physically incompetent to practice medicine
to such an extent as to endanger the public; thus subjecting the practitioner
to a disciplinary hearing and possibly sanctioning of his license.
RULE NO. 17: CONTINUING MEDICAL
EDUCATION
C. Each year, each physician and
physician assistant shall obtain at least one (1) hour of CME credit
specifically regarding the prescribing of opioids and benzodiazepines. The one
hour may be included in the twenty (20) credit hours per year of continuing
medical education required in Paragraph A of this rule and shall not constitute
an additional hour of CME per year.
RULE NO. 18: FEE SCHEDULE FOR CENTRALIZED
VERIFICATION SERVICE
Pursuant to Ark Code Ann. §
17-95-107(d)(7)
provides that the Board may charge credentialing organizations a reasonable fee
for the use of credentialing services as established by rule.
RULE NO. 19: PAIN MANAGEMENT
PROGRAMS
RULE NO. 20: PRACTICE OF
MEDICINE BY A NON-RESIDENT
Pursuant to Ark. Code Ann.
17-95-401 and
17-95-202,
the Arkansas State Medical Board sets forth the following Rule concerning the
practice of medicine by a nonresident physicians or osteopaths:
RULE NO. 21: ANOREXIANT DRUG
GUIDELINES
1. Anorexiant drugs listed on
Schedule III and IV under the Uniform Controlled Substances Act shall not be
dispensed or prescribed for the treatment of obesity, except in conformity with
the following minimal requirements. Schedule II drugs may not be used in the
treatment of obesity (see Rule 7 of the Arkansas State Medical
Board.)
6. At the time of each
return patient visit, the treating physician shall monitor progress of the
patient. The patient's weight, blood pressure, pulse, heart and lungs shall be
checked. The findings shall be entered in the patient's record. In addition to
any side effects of the medications, the physician should perform appropriate
exams and tests to monitor the safety of any weight loss. This may include a
more detailed dietary questionnaire, serum electrolytes, blood glucose, and
other tests deemed appropriate. The Rule for patients who are no longer obese
for such period of time as to allow the patient to adapt to a lifestyle change
for no more than an additional sixty (60) days.
7. Except as otherwise provided by this rule.
Schedule III or IV anorexiant drugs are only recommended for short-term use
(e.g. 90 days). However, the treating physician may extend therapy beyond 90
days under the following conditions:
9. The board encourages any physician who
prescribes medications pursuant to Rule 21 to make themselves fully aware of
the guidelines set forth by the American Heart Association for the management
of obesity.
RULE NO. 22:
LASER SURGERY GUIDELINES
A physician who does not comply with the above-stated protocol
when performing minor procedures will be considered as exhibiting gross
negligence, subjecting the physician to a disciplinary hearing before the
Board, pursuant to the Medical Practices Act and the Rules of the Board.
RULE NO. 23: MALPRACTICE REPORTING
Should a physician fail to comply with the terms of Ark. Code
Ann. §
17-95-103
and this Rule, then the same, shall be cause for revocation, suspension, or
probation or monetary fine as may be determined by the Board; after the
bringing of formal charges and notifying the physician as required by the
Medical Practices Act and the Administrative Procedure Act.
RULE NO. 25: CENTRALIZED CREDENTIALS
VERIFICATION SERVICE ADVISORY COMMITTEE GUIDELINES
RULE NO. 27: INFORMED CONSENT FOR GASTRIC
BYPASS SURGERY
Some or all of the complications listed in this regulation may
exist in a patient whether the surgical procedure of gastric bypass is
performed on the patient or not. This rule is not meant to imply that in all
cases gastric bypass surgery is the only cause of these complications.
RULE NO. 28: EDUCATIONAL LICENSE
TO PRACTICE MEDICINE IN THE STATE OF ARKANSAS
Pursuant to Act 497 of the 85th
General Assembly of the Regular Session of 2005 and amended by Act 1061 of
2017, the Arkansas State Medical Board is empowered to issue an educational
license to applicants who meet the following requirements:
1. Be 21 years of age.
2. Submit a completed application to the
Board.
3. Submit a $400.00
application fee and a $100.00 licensure-processing fee.
4. Be serving as a faculty member in the
State of Arkansas or be affiliated with and under the supervision of a faculty
member licensed by the 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 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.
5. The educational
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
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.
6. Appear
personally before the Arkansas State Medical Board, together with the
sponsoring supervising faculty member physician.
7. Present to the Board such information as
to what department he or she will be practicing medicine and who will be
his/her supervisor.
8. Said
educational license will authorize the licensee to practice medicine only
within the clinical and educational programs established and administered by
the accredited medical school.
9.
Said educational license will be valid for a period of one (1) year from the
date of issuance.
RULE NO.
29: GOVERNING RADIOLOGY ASSISTANTS/RADIOLOGY PRACTITIONER
ASSISTANTS
I. DEFINITIONS
D. Supervising Radiation Practitioner means a
radiation practitioner using the services of RA or RPA and is responsible for
the professional activities and services of the RA or RPA under these
Rules;
E. Alternate Supervising
Radiologist means a radiation practitioner other than the supervising
radiologist who is responsible for the supervision of RA or RPA for specific
procedures in accordance with all Rules applicable to the supervising radiation
practitioner;
II.
REQUIREMENTS
D. Provide the names and
signatures of the supervising and alternate supervising radiation practitioners
licensed to practice in the State of Arkansas who agree to supervision of the
RA or RPA under the terms of these Rules.
E. Provide a practice-specific document
delineating the specific procedures and tasks to be performed by the RA or RPA
in each facility utilized, including the level of supervision to be provided by
the supervising licensed radiation practitioners.
F. Pay a licensure fee of $75.00 to the Board
with the application for the initial permit. The supervising and alternate
supervising radiation practitioners must sign the application form that they
have read the Rules and will abide by same, including disciplinary actions
pertaining to the RA or RPA and themselves.
G. Pay a renewal fee of $60.00 with the
annual renewal form for a permit and a copy of the practice privileges for each
facility where the procedures are performed. The supervising and alternate
supervising radiation practitioners must sign the renewal form that they have
read the Rules ad-and will abide by same, including disciplinary actions
pertaining to the RA or RPA and themselves.
VI. DISCIPLINARY ACTION
An RA and RPA must comply with the Medical Practices Act and
the Rules-of the Board. Should the Board find that there is probable cause that
in RA or RPA has not complied with the Medical Practices Act and the Rules of
the Board, the Board will bring charges alleging the wrongful conduct and said
disciplinary proceeding will comply with the Administrative Procedure Act of
the State of Arkansas. At the conclusion of the disciplinary hearing, if the
Board finds that the RA or RPA has violated the medical Practices Act or the
Rules of the Board, the Board may impose one or more of the following
sanctions;
D. Supervising radiation
practitioners may be subject to disciplinary action by the Board if the RA or
RPA violates the Medical Practices Act or the Rules.
RULE NO. 30:
COLLABORATIVE PRACTICE REGULATION
The failure of a physician to comply with this Regulation will
be considered a violation of the Medical Practices Act and §
17-95-409(a)(2)(P),
and subject the physician to the possibility of a disciplinary hearing and the
imposition of sanctions against his or her license pursuant to Arkansas law and
the Administrative Procedure Act.
RULE
NO. 31: PHYSICIAN DELEGATION REGULATION PHYSICIAN DELEGATION RULE
Act 472 of the 87th General Assembly of the State of Arkansas,
as of the year 2009, authorized Physicians to delegate the performance of
certain medical practices or tasks to qualified and properly trained employees
(commonly referred to as medical assistants), who are not licensed or otherwise
specifically authorized by Arkansas law to perform the practice or task. This
Regulation will set forth standards to be met and the procedures to be followed
by the Physician when delegating to employees.
Definitions for Purposes of this Rule;
1. "Physician" means an individual licensed
by the Arkansas State Medical Board to practice medicine in the State of
Arkansas.
2. "Medical Practice"
means those tasks or functions that are delegated to a qualified and properly
trained employee, including the administration of drugs, pursuant to Act 472 of
2009 and this Rule.
Section 1. General
Provisions
C. Medical practices delegated
pursuant to this statute and rule shall be performed under the physician's
supervision.
Section 3.
Additional Requirements for Delegating the Administration of Drugs
B. Administration of drugs, delegated
pursuant to this Rule, shall only be permissible within the physical boundaries
of the delegating physician's offices;
RULE NO. 32: EHTICIAL VIOLATIONS FOR
PHYSICANS
RULE NO. 33: NOTIFICATION
OF CHANGE OF PRACTICE
RULE NO. 34:
REQUIREMENTS OF LICENSED PHYSICIANS IN COMPLETING DEATH CERTIFICATES
RULE NO. 35: OFFICE-BASED SURGERY
A physician shall not perform any office-based surgery, as
defined by Act 587 of 2013, unless the office meets the requirements of this
rule. Except in an emergency, a physician shall not perform any office-based
surgery on and after July 1,2014, unless they are in compliance with the
provisions of this rule.
RULE NO.
37: ARKANSAS GRADUATE REGISTERED PHYSICIAN ACT
II. Qualifications for licensure.
B.
2. 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 an Arkansas State Medical Board-approved medically
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; All graduates must have already
passed Step 1 and Step 2 of the United States Medical Licensing Examination,
Comprehensive Osteopathic Medical Licensing Examination, as well as the COMLEX
Cognitive Evaluation and Performance Evaluation prior to graduating from
Medical School. Any individual applying for graduate registered physician will
be held to the same standards as outlined in Board Rules 3 and 14 with regard
to the number of pass attempts for each step.
IX.
Violation.
RULE NO.
38: TELEMEDICINE
Requirement for all services provided by Providers using
telemedicine:
1. A
Patient/Provider relationship must be established in accordance with Rule 2.8
before the delivery of services via telemedicine. Provider is defined as a
person licensed by the Arkansas State Medical Board. A patient completing a
medical history online and forwarding it to a Provider is not sufficient to
establish the relationship, nor does it qualify as store-and-forward
technology.
RULE NO. 39:
REINSTATEMENT OF ARKANSAS LICENSE
RULE NO.
40: ARKANSAS SURGICAL TECHNOLOGISTS
RULE NO. 41: PRESCRIPTION DRUG MONITORINS
PROGRAM
A. Pursuant to Arkansas Code Annotated
§
20-7-604(d),
healthcare providers are encouraged to access or Check the information in the
controlled substance database before prescribing, dispensing, or administering
medications. For purposes of this Rule a healthcare provider is defined as a
"physician" or "physician assistant".
C. This Rule does not apply to the
following:
RULE NO. 43:
GENETIC COUNSELOR LICENSURE
RULE NO.
44: PRE-LICENSURE CRIMINAL BACKGROUND CHECK
