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17-89-408. Office permit.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-89-408. Office permit.
(a)(1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board rule for each such office or place of business.
(2) However, persons or entities identified in § 17-89-103 are exempt from this section.
(3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.
(b) The office permit shall be renewed on or before July 1 of each year at a cost and pursuant to procedures to be determined by board rule.
(c) The board shall suspend, revoke, or refuse to issue or renew an office permit for any violation of any provision of this chapter or of any rules promulgated by the board, including at least the following:
(1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts;
(2) The applicant, person, or legal entity violates any prohibitive provision under this chapter;
(3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising;
(4) The applicant, person, or legal entity fails to qualify for the office permit; or
(5) The applicant, person, or legal entity violates any other rule promulgated by the board.
(d) After due notice and a hearing regarding a violation of this section, the board may impose any one (1) of the following sanctions:
(1) Suspension, revocation, or denial of the office permit renewal thereof;
(2) A penalty not to exceed one thousand doll
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-408
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:17-89-408
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2077f68f221553130704c18a96fda506ae36eafaf8270be5110bc8d7af09794e
Source location: content.xml paragraph 24313
Stored source content
17-89-408. Office permit.
(a)(1) It shall be unlawful for any person or legal entity to conduct an office or place of business in this state where ophthalmic dispensing services are offered or performed unless that person or entity shall have first secured an office permit from the Arkansas Board of Dispensing Opticians pursuant to board rule for each such office or place of business.
(2) However, persons or entities identified in § 17-89-103 are exempt from this section.
(3) The office permit shall be prominently displayed in each office or place of business in this state where ophthalmic dispensing services are offered or performed.
(b) The office permit shall be renewed on or before July 1 of each year at a cost and pursuant to procedures to be determined by board rule.
(c) The board shall suspend, revoke, or refuse to issue or renew an office permit for any violation of any provision of this chapter or of any rules promulgated by the board, including at least the following:
(1) The applicant, person, or legal entity obtains an office permit by means of fraud, misrepresentation, or concealment of material facts;
(2) The applicant, person, or legal entity violates any prohibitive provision under this chapter;
(3) The applicant, person, or legal entity engages in any fraudulent, misleading, or deceptive advertising;
(4) The applicant, person, or legal entity fails to qualify for the office permit; or
(5) The applicant, person, or legal entity violates any other rule promulgated by the board.
(d) After due notice and a hearing regarding a violation of this section, the board may impose any one (1) of the following sanctions:
(1) Suspension, revocation, or denial of the office permit renewal thereof;
(2) A penalty not to exceed one thousand dollars ($1,000) for each violation; or
(3) Such other requirements or penalties as may be appropriate to the circumstance or the case and which would achieve the desired disciplinary purpose but which would not impair the public welfare and morals.
(e) Unless the penalty assessed under this section is paid within fifteen (15) days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain the judgment for the amount of the penalty not paid.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-89-103. Exceptions.
(a) Except as expressly provided otherwise in this chapter, nothing in this chapter shall apply to persons who sell glasses, spectacles, lenses, frames, mountings, or prisms at wholesale on individual prescriptions to licensed optometrists, physicians, or dispensing opticians, nor shall it prohibit the sale of ready-made eyeglasses and spectacles when sold as merchandise at any established place of business where no attempt is made to practice optometry or opticianry.
(b) Nothing in this chapter shall prohibit an employee of an Arkansas-licensed optometrist or an Arkansas-licensed physician skilled in disease of the eye from performing any of the acts described in § 17-89-102(4) when the acts are performed in the office of an Arkansas-licensed optometrist or an Arkansas-licensed physician skilled in disease of the eye. The employees are not required to be registered or licensed under the provisions of this chapter.
(c) The provisions of this chapter shall not apply to licensed optometrists or physicians skilled in disease of the eye, except as stated in this chapter. It is the specific intent of the General Assembly that this subsection supplement, not repeal, existing acts of Arkansas.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-89-103
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 17-89-103. This identifies an authority to review, not proof of applicability.