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Arkansas General Assembly· HB 1138Notification that HB1138 is now Act 98

An act TO AUTHORIZE CERTAIN MEDICAL PROFESSIONALS TO 10 CERTIFY TO THE OFFICE OF MOTOR VEHICLE ELIGIBILITY 11 FOR A SPECIAL LICENSE PLATE, CERTIFICATE, OR PARKING 12 DECAL FOR A PERSON WITH A DISABILITY, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: H1/30/25
2 95th General Assembly
                               A Bill

3 Regular Session, 2025                                          HOUSE BILL 1138

4

5 By: Representatives Torres, Gramlich

6 By: Senator C. Penzo

7

8                        For An Act To Be Entitled

9            AN ACT TO AUTHORIZE CERTAIN MEDICAL PROFESSIONALS TO

10           CERTIFY TO THE OFFICE OF MOTOR VEHICLE ELIGIBILITY

11           FOR A SPECIAL LICENSE PLATE, CERTIFICATE, OR PARKING

12           DECAL FOR A PERSON WITH A DISABILITY; AND FOR OTHER

13           PURPOSES.

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15

16                                      Subtitle

17                       TO AUTHORIZE CERTAIN MEDICAL

18                       PROFESSIONALS TO CERTIFY TO THE OFFICE

19                       OF MOTOR VEHICLE ELIGIBILITY FOR A

20                       SPECIAL LICENSE PLATE, CERTIFICATE, OR

21                       PARKING DECAL FOR A PERSON WITH A

22                       DISABILITY.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code � 17-80-120(a)(1), concerning the signature

27 authority for advanced practice registered nurses and physician assistants,

28 is amended to read as follows:

29           (1) Certification of disability for patients to receive disabled

30 parking permits or placards from the Office of Motor Vehicle to the Office of

31 Motor Vehicle that a patient is a person with a disability for the purposes

32 of the Access to Parking for Persons with Disabilities Act, � 27-15-301 et

33 seq.; or

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35  SECTION 2. Arkansas Code Title 17, Chapter 93, Subchapter 1, is amended

36 to add an additional section to read as follows:

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    As Engrossed: H1/30/25                                                 HB1138

1         17-93-104. Certification for purposes of the Access to Parking for

2 Persons with Disabilities Act.

3         (a) A physical therapist licensed under this chapter is authorized to

4 certify to the Office of Motor Vehicle that a patient is a person with a

5 disability for the purposes of the Access to Parking for Persons with

6 Disabilities Act, � 27-15-301 et seq.

7         (b) This section does not expand the scope of practice of a physical

8 therapist.

9

10        SECTION 3. Arkansas Code � 27-15-302(4), concerning the definition of

11 "person with a disability" within the Access to Parking for Persons with

12 Disabilities Act, is amended to read as follows:

13        (4) "Person with a disability" means any individual who, as determined

14 by a licensed physician certifying authority:

15                    (A) Cannot walk one hundred feet (100) without stopping to

16 rest;

17                    (B) Cannot walk without the use of, or assistance from, a

18 brace, cane, crutch, another person, prosthetic device, wheelchair, or other

19 assistive device;

20                    (C) Is restricted by lung disease to such an extent that

21 the person's forced respiratory expiratory volume for one (1) second, when

22 measured by spirometry, is less than one liter (1 L), or the arterial oxygen

23 tension is less than sixty millimeters of mercury (60 mmHg) on room air at

24 rest;

25                    (D) Uses portable oxygen; or

26                    (E) Has a cardiac condition to the extent that the

27 person's functional limitations are classified in severity as Class III or

28 Class IV according to standards set by the American Heart Association;

29

30        SECTION 4. Arkansas Code � 27-15-302, concerning definitions within

31 the Access to Parking for Persons with Disabilities Act, is amended to add an

32 additional subdivision to read as follows:

33            (8) "Certifying authority" means:

34                    (A) A licensed physician;

35                    (B) An advanced practice registered nurse as authorized

36 under � 17-80-120;

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    As Engrossed: H1/30/25                                                   HB1138

1          (C) A physician assistant as authorized under � 17-80-120;

2 or

3          (D) A physical therapist as authorized under � 17-93-104.

4

5          SECTION 5. Arkansas Code � 27-15-304(a)(1), concerning temporary

6 special certificates under the Access to Parking for Persons with

7 Disabilities Act, is amended to read as follows:

8          (a)(1) A person with a disability, which, as determined by a licensed

9 physician, is certifying authority to be temporary in nature as opposed to

10 permanent, may apply to the Office of Motor Vehicle for a temporary person-

11 with-a-disability special certificate, which may include a temporary van-

12 accessible parking decal, and, upon request, one (1) additional temporary

13 special certificate, which may include an additional van-accessible parking

14 decal.

15

16         SECTION 6. Arkansas Code � 27-15-307(8)(B), concerning the

17 administration of the Access to Parking for Persons with Disabilities Act, is

18 amended to read as follows:

19         (B) Verify with a letter from a physician certifying

20 authority stating that the person for whom the van-accessible parking decal

21 is issued is a person with a disability that requires the use of a

22 wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker

23 with a seat, or a similar device that is commonly used to transport persons

24 who have limited or no use of their legs.

25

26         SECTION 7. Arkansas Code � 27-15-308(a)(3)-(4), concerning the

27 eligibility for and renewal of a special license plate or certificate for a

28 person with a disability within the Access to Parking for Persons with

29 Disabilities Act, is amended to read as follows:

30         (3)(A)(i) An owner of a motor vehicle that is issued a special

31 license plate under this section shall submit every four (4) years to the

32 Office of Motor Vehicle a physician recertification of the person with a

33 disability to be transported by the vehicle to continue to qualify for the

34 special license plate, unless the person with a disability has a permanent

35 disability The Office of Motor Vehicle shall require recertification of the

36 condition of the person with a disability by a certifying authority one (1)

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    As Engrossed: H1/30/25                                                  HB1138

1 time every four (4) years.

2                           (ii) Recertification shall not be required for a

3 disability that is permanent in nature.

4               (B) The photo identification card required in this

5 subsection must be renewed every four (4) years.

6               (4)(A) An organization that owns or leases a motor vehicle

7 described in � 27-15-303 that is used in the business of transporting persons

8 with disabilities may apply to the Office of Motor Vehicle for issuance of

9 one (1) special license plate to be affixed to the vehicle for each vehicle

10 used in the business.

11              (B) The requirements of a photo identification card and

12 physician recertification in this subsection recertification provisions of

13 subdivisions (a)(3)(A)-(B) of this section shall not apply to an applicant in

14 the business of transporting persons with disabilities as described in this

15 subsection.

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17                            /s/Torres

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