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17-81-105. Prosecution of violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-81-105. Prosecution of violations.
(a) Subject to reasonable prosecutorial discretion, it is the duty of the 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 Chiropractic Examiners.
(b)(1) The board may also take administrative action against a person that violates this subchapter, § 5-37-505, or § 5-37-506.
(2) Upon a finding that a chiropractic physician has violated this subchapter, § 5-37-505, or § 5-37-506, the board may order:
(A) Sanctions;
(B) A license suspension; or
(C) A license revocation.
(c) The board has immunity from civil liability for any requested prosecutorial action resulting from this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-81-105
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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Record provenance
Stable record: arkansas_code:legal_authorities:17-81-105
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3d6009fbcf28d1c094f42b067bc65a293720f8a2aff5b172c4d17f342d9c90d6
Source location: content.xml paragraph 19567
Stored source content
17-81-105. Prosecution of violations.
(a) Subject to reasonable prosecutorial discretion, it is the duty of the 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 Chiropractic Examiners.
(b)(1) The board may also take administrative action against a person that violates this subchapter, § 5-37-505, or § 5-37-506.
(2) Upon a finding that a chiropractic physician has violated this subchapter, § 5-37-505, or § 5-37-506, the board may order:
(A) Sanctions;
(B) A license suspension; or
(C) A license revocation.
(c) The board has immunity from civil liability for any requested prosecutorial action resulting from this section.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-505. Insurance fraud by use of a procurer.
(a) As used in this section and § 5-37-506:
(1)(A) “Procurer” means a person or entity that for pecuniary benefit procures or attempts to procure a client, patient, or customer by directly contacting the client, patient, or customer in person, by telephone, or by electronic means at the direction of, request of, employment of, or in cooperation with a provider.
(B) “Procurer” does not include a provider or a person that procures or attempts to procure a client, patient, or customer for a provider through public media or a person that refers a client, patient, or customer to a provider as otherwise authorized by law;
(2) “Provider” means:
(A) An attorney;
(B) A healthcare provider; or
(C) An employee of a provider; and
(3) “Public media” means telephone directories, professional directories, newspapers and other periodicals, radio and television, billboards, and mailed or electronically transmitted written or visual communications that do not involve in-person or direct contact with a specific prospective client, patient, or customer.
(b) A person commits the offense of insurance fraud by use of a procurer if:
(1) He or she is a procurer or provider; and
(2) For the purpose of defrauding an insured person or an insurance carrier, he or she knowingly:
(A) Falsely represents the services to be provided to an actual or prospective client, patient, or customer;
(B) Makes a misrepresentation, including without limitation affiliation with an insurance company, a law enforcement agency, or a governing board of a healthcare provider while procuring or attempting to procure a client, patient, or customer; or
(C) Uses, solicits, directs, hires, or employs another person to act as a procurer to falsely repr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-505
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 5-37-505. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-37-506. Prohibited activity by a procurer or provider.
(a) A person commits the offense of prohibited activity by a procurer or provider if:
(1) The person is a procurer and he or she knowingly:
(A) Offers or gives anything of value to a person in order to cause the person to seek medical care from a specific healthcare provider; or
(B) Solicits a person currently under the care of a chiropractic physician to seek care from another chiropractic physician; or
(2) The person is a provider and he or she knowingly permits a procurer that he or she uses, directs, or employs to engage in conduct prohibited by subdivision (a)(1) of this section.
(b) Prohibited activity by a procurer or provider is a Class D felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-37-506
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 5-37-506. This identifies an authority to review, not proof of applicability.