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17-80-114. Scope of practice — Complaints — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-80-114. Scope of practice — Complaints — Definition.
(a) As used in this section, “healing arts” means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease.
(b) A board of the healing arts shall not take disciplinary action at the board level against a licensee of another board of the healing arts except as provided in subsections (c) and (d) of this section.
(c)(1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts.
(2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board.
(3) A board of the healing arts receiving a complaint from another board of the healing arts shall:
(A) Investigate the complaint;
(B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and
(C) Communicate the final disposition of the complaint to:
(i) The licensee who is the subject of the complaint; and
(ii) The board of the healing arts that filed the complaint.
(d)(1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-80-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:17-80-114
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 54f4ffb389ec5ad767179f5e444f595112646f315b5d9173db20c73f725ef601
Source location: content.xml paragraph 19145
Stored source content
17-80-114. Scope of practice — Complaints — Definition.
(a) As used in this section, “healing arts” means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease.
(b) A board of the healing arts shall not take disciplinary action at the board level against a licensee of another board of the healing arts except as provided in subsections (c) and (d) of this section.
(c)(1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts.
(2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board.
(3) A board of the healing arts receiving a complaint from another board of the healing arts shall:
(A) Investigate the complaint;
(B) Take whatever action that board considers appropriate under its practice act and the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and
(C) Communicate the final disposition of the complaint to:
(i) The licensee who is the subject of the complaint; and
(ii) The board of the healing arts that filed the complaint.
(d)(1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of the board of the healing arts that received the complaint shall be dispositive unless the findings, inferences, conclusions, or decisions of the board of the healing arts that received the complaint are:
(A) In violation of constitutional or statutory provisions;
(B) In excess of the statutory authority of the board of healing arts that received the complaint;
(C) Made upon unlawful procedure;
(D) Affected by other error or law;
(E) Not supported by substantial evidence of record; or
(F) Arbitrary, capricious, or characterized by abuse of discretion.
(2) This subsection (d) applies to judicial review under § 25-15-212 of action taken by the board of the healing arts that filed the complaint.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-212. Administrative adjudication — Judicial review.
(a) In cases of adjudication, any person, except an inmate under sentence to the custody of the Division of Correction, who considers himself or herself injured in his or her person, business, or property by final agency action shall be entitled to judicial review of the action under this subchapter. Nothing in this section shall be construed to limit other means of review provided by law.
(b)(1) Proceedings for review shall be instituted by filing a petition within thirty (30) days after service upon petitioner of the agency's final decision in:
(A) The circuit court of any county in which the petitioner resides or does business; or
(B) Pulaski County Circuit Court.
(2) Copies of the petition shall be served upon the agency and all other parties of record in accordance with the Arkansas Rules of Civil Procedure.
(3) In its discretion, the court may permit other interested persons to intervene.
(c) The filing of the petition does not automatically stay enforcement of the agency decision, but the agency or reviewing court may do so upon such terms as may be just. However, on review of disciplinary orders issued by professional licensing boards governing professions of the healing arts, the reviewing court, only after notice and hearing, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of review proceedings.
(d)(1) Within thirty (30) days after service of the petition or within such further time as the court may allow but not exceeding an aggregate of ninety (90) days, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-212
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-212. This identifies an authority to review, not proof of applicability.