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17-95-301. Creation — Members.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-301. Creation — Members.
(a) There is created the Arkansas State Medical Board.
(b)(1)(A) The board shall consist of fourteen (14) members appointed by the Governor for terms of six (6) years.
(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.
(2)(A)(i) Ten (10) members shall be duly qualified, licensed, and active medical practitioners and appointed by the Governor after consulting the Arkansas Medical Society, Inc., and subject to confirmation by the Senate.
(ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts.
(iii) Two (2) members shall be appointed at large.
(B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.
(3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after consulting the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate.
(4) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.
(5) One (1) member shall be a duly qualified, licensed, and practicing osteopathic physician and appointed after consulting the Arkansas Osteopathic Medical Association and subject
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-301
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:17-95-301
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4cace005a76b7d7b371e282aeb20496392e2fca4baca4d404c707482a9b4d9a4
Source location: content.xml paragraph 28549
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17-95-301. Creation — Members.
(a) There is created the Arkansas State Medical Board.
(b)(1)(A) The board shall consist of fourteen (14) members appointed by the Governor for terms of six (6) years.
(B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board.
(2)(A)(i) Ten (10) members shall be duly qualified, licensed, and active medical practitioners and appointed by the Governor after consulting the Arkansas Medical Society, Inc., and subject to confirmation by the Senate.
(ii) At least two (2) members shall be appointed from each of the state's four (4) congressional districts.
(iii) Two (2) members shall be appointed at large.
(B) Congressional district representation required under this subdivision (b)(2) shall be achieved by appointment as vacancies occur.
(3) One (1) member shall be a licensed practicing physician in this state and shall be appointed by the Governor after consulting the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. and subject to confirmation by the Senate.
(4) Two (2) members of the board shall not be actively engaged in or retired from the practice of medicine. One (1) member shall represent consumers, and one (1) member shall be sixty (60) years of age or older and shall represent the elderly. Both shall be appointed from the state at large subject to confirmation by the Senate. The two (2) positions may not be held by the same person. Both shall be full voting members but shall not participate in the grading of examinations.
(5) One (1) member shall be a duly qualified, licensed, and practicing osteopathic physician and appointed after consulting the Arkansas Osteopathic Medical Association and subject to confirmation by the Senate.
(c)(1) The term of each member shall expire on December 31 of the year designated, and a successor appointee shall be named by the Governor on or before the expiration date of the term so expiring.
(2) A member may not serve on the board for more than two (2) full terms or more than thirteen (13) years.
(d)(1) Vacancies on the board occurring otherwise than as provided in this section shall be filled by appointment by the Governor within thirty (30) days thereafter.
(2) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Arkansas Medical Society, Inc. due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment.
(3) In the event a vacancy exists in the member position of licensed practicing physician appointed upon the advice and recommendation of the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc. due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this section for the initial appointment.
(4) In the event a vacancy exists in the member position of the licensed osteopathic physician appointed upon the advice and recommendation of the Arkansas Osteopathic Medical Association due to death, resignation, or other cause, a successor member to the position shall be appointed by the Governor for the remainder of the unexpired portion of the term thereof in the same manner as provided in this subchapter for the initial appointment.
(e) The members of the board shall take the oath prescribed by the Arkansas Constitution for state officers before entering upon the discharge of their duties.
(f)(1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
(2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health.
(g) Physicians appointed to the board shall:
(1) Remain in active practice for the full term of the appointment; or
(2) Resign if, with more than one (1) year remaining on the appointed term, the physician:
(A) Is no longer actively practicing as a physician; or
(B) Moves his or her business or residence out of the district from which he or she was appointed.
(h)(1) Members of the board may be removed from the office by the Governor:
(A) For good cause pursuant to § 25-16-804;
(B) For cause including dishonorable or unprofessional conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or
(C)(i) For any reason that would justify probation, suspension, or revocation of a physician's license to practice medicine under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., which shall be referred directly to the Division of Pharmacy Services and Drug Control of the Department of Health by the Governor for investigation as provided in § 17-80-106.
(ii) The Division of Pharmacy Services and Drug Control of the Department of Health shall prepare a report for the Secretary of the Department of Health based on its findings.
(2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-201. Short title.
Sections 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., shall be known as the “Arkansas Medical Practices Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-201
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 17-95-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-95-401. License required.
If any person who does not possess a valid license to practice medicine within this state and who is not exempted from the licensing requirements does any of the acts constituting the practice of medicine, he or she shall be deemed to be practicing medicine without complying with the provisions of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-95-401
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 17-95-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-804. Removal and replacement.
(a) As used in this section, unless the context otherwise requires:
(1) “Good cause” includes:
(A) Conduct constituting a criminal offense involving moral turpitude;
(B) Gross dereliction of duty;
(C) Gross abuse of authority; or
(D) The unexcused absence of a board or commission member from three (3) successive regular meetings without attending any intermediary called special meetings; and
(2) “Good cause” does not include any vote, decision, opinion, or other regularly performed or otherwise reasonably exercised power of a board or commission member.
(b)(1) The Governor may remove for good cause a state board or commission member whose office or position is filled by gubernatorial appointment, subject to confirmation by the Senate. If the Senate is not in session, confirmation shall be by written petition of a majority of the senators.
(2) The Governor may appoint a qualified individual to replace the board or commission member removed to serve the remainder of his or her term, subject to confirmation by the Senate under circumstances in which confirmation is normally required.
(c) All orders of removal by the Governor shall:
(1) Be in writing;
(2) Be delivered to the member removed or counsel for the member; and
(3) Specifically set out the grounds relied upon for removal.
(d) Removal of board or commission members shall be in accordance with the following:
(1)(A) Within thirty (30) calendar days after each regular board or commission meeting, the secretary of each board or commission shall notify the Governor in writing of any member who has been absent from three (3) successive regular meetings without attending any intermediary called special meetings.
(B) The secretary's notice to the Governor s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-804
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 25-16-804. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-16-901. Definitions — Limitations.
(a) For purposes of this subchapter, the term “state board” means every state board, commission, committee, council, task force, and similar entity except the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.
(b) This subchapter shall have no effect on the payment of mileage, expense reimbursement, and per diem authorized by law to be paid to members of the General Assembly, the State Highway Commission, and the Arkansas State Game and Fish Commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-16-901
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 25-16-901. This identifies an authority to review, not proof of applicability.