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20-15-2103. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-15-2103. Definitions.
As used in this subchapter:
(1) “Eligible patient” means a person who meets the requirements of eligibility in § 20-15-2104;
(2) “Investigational drug, biological product, or device” means a drug, biological product, or device that:
(A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and
(B) Remains currently under investigation in a United States Food and Drug Administration clinical trial;
(3) “Physician” means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and
(4) “Terminal illness” means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-15-2103
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:20-15-2103
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aa75fb324256fe108b340660437fabb98bf3345f3a002e46c460e753e7f76ad6
Source location: content.xml paragraph 11951
Stored source content
20-15-2103. Definitions.
As used in this subchapter:
(1) “Eligible patient” means a person who meets the requirements of eligibility in § 20-15-2104;
(2) “Investigational drug, biological product, or device” means a drug, biological product, or device that:
(A) Has successfully completed phase I of clinical trials but has not been approved for general use by the United States Food and Drug Administration; and
(B) Remains currently under investigation in a United States Food and Drug Administration clinical trial;
(3) “Physician” means an individual licensed to practice medicine in the State of Arkansas under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.; and
(4) “Terminal illness” means an incurable and irreversible condition that without the administration of life-sustaining treatment will, in the opinion of the patient's physician, result in death within a relatively short time.
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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
17-95-301. 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. The source passage cites 17-95-301. 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
20-15-2104. Eligibility.
In order for a patient to access an investigational drug, biological product, or device under this subchapter, a physician must document in the patient's medical record and chart that the patient:
(1) Has a terminal illness;
(2) Has a determination from a qualified physician that the patient has no comparable or satisfactory treatment options approved by the United States Food and Drug Administration available to treat the terminal illness and that the probable risk to the patient from the investigational drug, biological product, or device is not greater than the probable risk from the terminal illness;
(3) Has been unable to participate in a clinical trial for the terminal illness within one hundred (100) miles of the patient's home address or has not been accepted to the clinical trial within one (1) week of the completion of the clinical trial application process;
(4) Has been given a prescription by a physician for an investigational drug, biological product, or device;
(5)(A) Has given informed consent in writing for the use of the investigational drug, biological product, or device.
(B) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian may provide informed consent on the patient's behalf; and
(6) Has received written documentation from a physician that the patient meets the requirements of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-15-2104
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 20-15-2104. This identifies an authority to review, not proof of applicability.