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1 State of ArkansasAs Engrossed: S2/18/25 S2/25/25 S3/11/25 S3/31/25 H4/8/25
2 95th General Assembly A Bill
3 Regular Session, 2025 SENATE BILL 117
4
5 By: Senator C. Penzo
6 By: Representative Long
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE NATUROPATHIC PHYSICIAN PRACTICE
10 ACT; TO PROVIDE FOR LICENSURE OF NATUROPATHIC
11 PHYSICIANS IN ARKANSAS; TO CREATE THE ARKANSAS STATE
12 BOARD OF NATURAL MEDICINE; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO CREATE THE NATUROPATHIC PHYSICIAN
17 PRACTICE ACT; TO PROVIDE FOR LICENSURE
18 OF NATUROPATHIC PHYSICIANS IN ARKANSAS;
19 AND TO CREATE THE ARKANSAS STATE BOARD
20 OF NATURAL MEDICINE.
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code Title 17 is amended to add an additional
25 chapter to read as follows:
26 CHAPTER 108
27 NATUROPATHIC PHYSICIAN PRACTICE ACT
28
29 Subchapter 1 -- General Provisions
30
31 17-108-101. Title.
32 This subchapter shall be known and may be cited as the "Naturopathic
33 Physician Practice Act".
34
35 17-108-102. Legislative findings and intent.
36 (a) The General Assembly finds that:
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1 (1) The practice of naturopathic medicine in this state affects
2 the public health, safety, and welfare and should be subject to regulation
3 and control in the public interest; and
4 (2) Naturopathic physicians comprise a distinct healthcare
5 profession that affects the public health, safety, and welfare and increases
6 freedom of choice in health care in this state.
7 (b) It is the intent of the General Assembly to ensure that
8 naturopathic physicians and the practice of naturopathic medicine as defined
9 in this subchapter merit the confidence of the public, that only qualified
10 persons be authorized to practice naturopathic medicine in this state, and
11 that a person shall not practice naturopathic medicine without a valid
12 existing license.
13
14 17-108-103. Definitions.
15 As used in this subchapter:
16 (1) "Approved naturopathic medical school" means a medical
17 school approved by the Arkansas State Board of Natural Medicine under this
18 subchapter that prepares a naturopathic physician for the practice of
19 naturopathic medicine;
20 (2) "Clinical laboratory procedure" means the use of
21 venipuncture consistent with naturopathic medical practice, commonly used
22 diagnostic modalities consistent with naturopathic practice, the recording of
23 a patient's health history, physical examination, ordering and interpretation
24 of radiographic diagnostics, and other standard imaging and examination of
25 body orifices, excluding endoscopy and colonoscopy;
26 (3) "Electromagnetism" means the administration of electricity
27 or its derivatives to assist in tissue healing and regeneration by cell
28 stimulation, removal of edema and inflammatory mediators, and angiogenesis;
29 (4) "Homeopathic medicine" means a system of medicine based on
30 the use of infinitesimal doses of substances capable of producing symptoms
31 similar to those of the disease treated, as listed in the Homeopathic
32 Pharmacopoeia of the United States;
33 (5) "Hygiene" means the use of preventive techniques, including
34 personal hygiene, asepsis, public health, and safety;
35 (6) "Laboratory examination" means:
36 (A) Phlebotomy;
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1 (B) A clinical laboratory procedure;
2 (C) An orificial examination;
3 (D) A physiological function test; and
4 (E) A screening or test that is consistent with
5 naturopathic education and training;
6 (7) "Naturopathic medicine" means:
7 (A) A system of health care for the prevention, diagnosis,
8 and treatment of human health conditions, injury, and disease;
9 (B) The promotion or restoration of health; and
10 (C) The support and stimulation of a patient's inherent
11 self-healing processes through patient education and the use of naturopathic
12 therapies and therapeutic substances;
13 (8)(A) "Naturopathic physical medicine" means the manual
14 administration of mechanical treatment to body structures or tissues for the
15 purpose of restoring normal physiological function to the body by normalizing
16 and balancing the musculoskeletal system of the body, including massage,
17 stretching, resistance, or joint play examination.
18 (B) "Naturopathic physical medicine" does not include:
19 (i) The employment or application of chiropractic or
20 spinal adjustments and the principles or techniques of chiropractic science;
21 or
22 (ii) The manipulation or adjustment of the spine or
23 extremity joints of the human body beyond the elastic barrier, including
24 small amplitude movement at or beyond the end range of normal joint motion;
25 (9) "Naturopathic physician" means an individual licensed under
26 this subchapter as a naturopathic physician to practice naturopathic medicine
27 in this state;
28 (10) "Naturopathic therapeutic medicine" means the use of one
29 (1) or more of the following physical agents in a manner consistent with
30 naturopathic medical practice on a part or the whole of the body, by hand or
31 by mechanical means, in the resolution of a human ailment or condition:
32 (A) Air;
33 (B) Water;
34 (C) Heat;
35 (D) Cold;
36 (E) Sound;
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1 (F) Light;
2 (G) Electromagnetism;
3 (H) Soft tissue therapy;
4 (I) Therapeutic exercise; or
5 (J) Naturopathic physical medicine;
6 (11) "Naturopathic therapy" means the use of:
7 (A) Naturopathic therapeutic medicine;
8 (B) Suggestion;
9 (C) Hygiene;
10 (D) A therapeutic substance;
11 (E) Nutrition and food science;
12 (F) Homeopathic medicine; or
13 (G) A clinical laboratory procedure;
14 (12) "Nutrition and food science" means the prevention and
15 treatment of disease or other human conditions through the use of food,
16 water, herbs, roots, bark, or natural food elements;
17 (13) "Professional examination" means a competency-based
18 national naturopathic physician licensing examination administered by the
19 North American Board of Naturopathic Examiners or its successor agency, which
20 nationally administers a naturopathic examination that represents federal
21 standards of education and training;
22 (14) "Suggestion" means a technique using:
23 (A) Biofeedback;
24 (B) Hypnosis;
25 (C) Health education; or
26 (D) Health counseling; and
27 (15) "Therapeutic substance" means any of the following
28 exemplified in a standard naturopathic medical text, journal, or
29 pharmacopeia:
30 (A) A vitamin;
31 (B) A mineral;
32 (C) A nutraceutical;
33 (D) A botanical medicine;
34 (E) Oxygen;
35 (F) A homeopathic medicine; or
36 (G) Other physiologic substance.
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1
2 17-108-104. Exemptions.
3 This subchapter does not prohibit or restrict:
4 (1) The practice of a healthcare profession by an individual who
5 is licensed, certified, or registered under the laws of this state and who is
6 performing services within the individual's scope of practice;
7 (2) The practice of naturopathic medicine by a student enrolled
8 in an approved naturopathic medical school if the practice of naturopathic
9 medicine by a student is performed under a course of instruction or an
10 assignment from an instructor and under the supervision of an instructor who
11 is a licensee or a duly licensed professional in the instructed field;
12 (3) A person that sells a vitamin or herb from providing
13 information about the vitamin or herb;
14 (4) The practice of naturopathic medicine by a person who is
15 licensed to practice in any other state or district in the United States and
16 who enters this state to consult with a naturopathic physician of this state
17 if the consultation is limited to examination, recommendation, or testimony
18 in litigation; or
19 (5) A person or practitioner who is not licensed as a
20 naturopathic physician from recommending ayurvedic medicine, herbal remedies,
21 nutritional advice, homeopathy, or other therapy that is within the scope of
22 practice of naturopathic medicine if that person or practitioner does not:
23 (A) Use a title protected under this subchapter;
24 (B) Represent or assume the character or appearance of a
25 licensee of this subchapter; or
26 (C) Otherwise use a name, title, or other designation that
27 indicates or implies that the person is a licensee of this subchapter.
28
29 17-108-105. Title protection.
30 (a) A licensee shall use the title "naturopathic physician" or
31 "naturopathic doctor" and the recognized abbreviation "N.D.".
32 (b) A licensee has the exclusive right to use the following terms in
33 reference to the licensee's self:
34 (1) "Naturopathic physician";
35 (2) "Naturopathic doctor";
36 (3) "Doctor of naturopathic medicine";
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1 (4) "Doctor of naturopathy";
2 (5) "N.D.";
3 (6) "ND";
4 (7) "NMD"; and
5 (8) "N.M.D.".
6 (c) An individual represents the individual's self to be a
7 naturopathic physician or a naturopathic doctor when the individual uses or
8 adopts any of the terms in subdivisions (b)(1)-(8) of this section in
9 reference to the individual's self.
10 (d)(1) An individual shall not represent the individual's self to the
11 public as a naturopathic physician, naturopathic doctor, a doctor of
12 naturopathic medicine, or a doctor of naturopathy, or as being otherwise
13 authorized to practice naturopathic medicine in the state, unless the
14 individual is licensed under this subchapter.
15 (2) An individual who is not licensed under this subchapter is
16 guilty of a Class A misdemeanor if he or she:
17 (A) Holds himself or herself out as a naturopathic
18 physician or naturopathic doctor;
19 (B) Uses any combination or abbreviation of the term
20 "naturopathic physician" or "naturopathic doctor" indicating or implying that
21 he or she is a naturopathic physician or naturopathic doctor; or
22 (C) Acts as a naturopathic physician without being
23 licensed by the Arkansas State Board of Natural Medicine.
24
25 17-108-106. Approved naturopathic medical school.
26 (a) The Arkansas State Board of Natural Medicine shall establish, by
27 rule, guidelines for an approved naturopathic medical school and
28 specifications for the education of naturopathic physicians in this state.
29 (b) The guidelines established under subsection (a) of this section
30 shall include that the approved naturopathic medical school shall require at
31 a minimum:
32 (1) Graduation from:
33 (A) A naturopathic medical education program in the United
34 States providing the degree of Doctor of Naturopathy or Doctor of
35 Naturopathic Medicine, that:
36 (i) Offers graduate-level, full-time didactic, and
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1 supervised clinical training;
2 (ii) Is accredited or has achieved candidacy status
3 for accreditation by the Council on Naturopathic Medical Education or an
4 equivalent federally recognized accrediting body for naturopathic medical
5 programs also recognized by the Arkansas State Board of Natural Medicine; and
6 (iii) Is an institution of higher education or part
7 of an institution of higher education that is either accredited or is a
8 candidate for accreditation by a regional or national institutional
9 accrediting agency recognized by the United States Secretary of Education;
10 (B) A degree-granting institution of higher education
11 that, before the existence of the Council on Naturopathic Medical Education,
12 offered a full-time, structured curriculum in basic sciences and supervised
13 patient care comprising a doctoral naturopathic medical education requiring
14 not less than one hundred thirty-two (132) weeks of coursework to be
15 completed within a period of not less than thirty-five (35) months, that was
16 reputable and in good standing in the judgment of the Arkansas State Board of
17 Natural Medicine and which, if still in existence, has current programmatic
18 accreditation by the Council on Naturopathic Medical Education or a federally
19 recognized equivalent accrediting agency;
20 (C) A diploma-granting, degree-equivalent institution of
21 higher education located in Canada that, before the existence of the Council
22 on Naturopathic Medical Education, had provincial approval for participation
23 in government-funded student aid programs, offered a full-time, structured
24 curriculum in basic sciences and supervised patient care comprising a
25 doctoral naturopathic medical education requiring not less than one hundred
26 thirty-two (132) weeks of coursework to be completed within a period of not
27 less than thirty (30) months, was reputable and in good standing in the
28 judgment of the Arkansas State Board of Natural Medicine, and, if still in
29 existence, has current programmatic accreditation by the Council on
30 Naturopathic Medical Education or a federally recognized equivalent
31 accrediting agency, and currently has provincial approval for participation
32 in government-funded student aid programs; or
33 (D) A diploma-granting, degree-equivalent institution of
34 higher education located in Canada that has provincial approval for
35 participation in government-funded student aid programs, offers graduate-
36 level, full-time didactic, and supervised clinical training, and is
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1 accredited or has achieved candidacy status for accreditation by the Council
2 on Naturopathic Medical Education or an equivalent federally recognized
3 accrediting body for naturopathic medical programs also recognized by the
4 Arkansas State Board of Natural Medicine; and
5 (2) Successful completion of a competency-based national
6 naturopathic medicine licensing examination administered by the North
7 American Board of Naturopathic Examiners, or an equivalent agency recognized
8 by the Arkansas State Board of Natural Medicine, or, for graduates of
9 approved naturopathic medical programs in the United States before the
10 existence of the Council on Naturopathic Medical Education, a competency-
11 based state naturopathic medicine licensing examination, or equivalent
12 Canadian provincial licensing examination for the practice of naturopathic
13 medicine approved by the Arkansas State Board of Natural Medicine.
14
15 Subchapter 2 -- Regulatory Agency
16
17 17-108-201. Arkansas State Board of Natural Medicine -- Powers and
18 duties.
19 The Arkansas State Board of Natural Medicine shall:
20 (1) Regulate the licensure of naturopathic physicians and
21 determine the hours of continuing education units required for maintaining a
22 license as a naturopathic physician;
23 (2) Prescribe the manner in which records of
24 examinations and treatments shall be kept and maintained;
25 (3) Establish:
26 (A) Standards for professional responsibility and conduct;
27 (B) Criteria for advertising or promotional materials;
28 (C) Continuing education hours and content;
29 (D) Standards for the state jurisprudence examination;
30 (E) Schedules for providing licensing examinations and for
31 the issuance of examination results;
32 (F) Procedures and standards for reviewing licensing
33 examination scores;
34 (G) Procedures for reviewing transcripts demonstrating
35 completion of an approved naturopathic medical school;
36 (H) Requirements for issuance and renewal of licenses; and
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1 (I) Any other matter necessary to implement this chapter;
2 (4) Identify disciplinary actions and circumstances that require
3 disciplinary action;
4 (5) Develop a means to provide information to all naturopathic
5 physicians in the state;
6 (6) Provide for:
7 (A) The investigation of complaints against naturopathic
8 physicians or persons holding themselves out as naturopathic physicians in
9 the state;
10 (B) The publication of information for the public about
11 naturopathic physicians and the practice of naturopathic medicine in the
12 state; and
13 (C) An orderly process for reinstatement of a license; and
14 (7) Create and maintain a list of approved naturopathic medical
15 schools that meet statutory requirements under this chapter.
16
17 Subchapter 3 -- Licensure
18
19 17-108-301. Qualifications for licensure.
20 The Arkansas State Board of Natural Medicine shall license an applicant
21 who:
22 (1) Submits, in accordance with rules of the board, the
23 following items to the board:
24 (A) An application for licensure developed by the board
25 and submitted in accordance with rules of the board;
26 (B) An application fee submitted in an amount and manner
27 established by rules of the board;
28 (C) Evidence that the applicant has:
29 (i) Graduated from an approved naturopathic medical
30 school;
31 (ii) Successfully completed a competency-based
32 national naturopathic medicine licensing examination; and
33 (iii) Passed a state jurisprudence examination that
34 meets standards established in rules of the board;
35 (D) Evidence of professional liability insurance with
36 policy limits not less than prescribed by the board;
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1 (2) Is determined by the board to be physically and mentally
2 capable of safely practicing naturopathic medicine with or without reasonable
3 accommodation; and
4 (3) Has not had a license to practice naturopathic medicine or
5 other healthcare license, registration, or certificate refused, revoked, or
6 suspended by any other jurisdiction for reasons that relate to the
7 applicant's ability to skillfully and safely practice naturopathic medicine
8 unless that license, registration, or certification has been restored to good
9 standing by that jurisdiction.
10
11 17-108-302. Scope of practice.
12 A licensee may practice naturopathic medicine to provide primary care
13 in alignment with naturopathic medical education to:
14 (1) Perform physical examinations;
15 (2) Order laboratory examinations;
16 (3) Order diagnostic imaging studies;
17 (4) Interpret the results of laboratory examinations for
18 diagnostic purposes;
19 (5) Order and, based on a radiologist's report, take action on
20 diagnostic imaging studies in a manner consistent with naturopathic training;
21 (6) Prescribe, administer, dispense, and order food, extracts of
22 food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals
23 and their extracts, botanical medicines, homeopathic medicines, all dietary
24 supplements, and nonprescription drugs as defined by the Federal Food, Drug,
25 and Cosmetic Act, 21 U.S.C. � 301 et seq., as existing on January 1, 2025;
26 (7) Use routes of administration of therapeutic substances that
27 include oral, nasal, auricular, ocular, rectal, vaginal, and transdermal
28 consistent with the education and training of a naturopathic physician;
29 (8) Perform naturopathic therapeutic medicine;
30 (9) Employ the use of naturopathic therapy; and
31 (10) Use therapeutic devices, barrier contraception, and durable
32 medical equipment.
33
34 17-108-303. License expiration and renewal -- Denial and revocation --
35 Continuing education.
36 (a) A license issued or renewed under this chapter shall expire two
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1 (2) years following its issuance or renewal.
2 (b) The Arkansas State Board of Natural Medicine may renew the license
3 of any naturopathic physician who, upon the expiration of his or her license:
4 (1) Has submitted an application for renewal;
5 (2) Has paid the renewal fee established by rules of the board;
6 (3) Meets the qualifications for licensure under this subchapter
7 and rules of the board; and
8 (4) Meets the continuing education requirements established by
9 the board.
10 (c) The board shall grant an opportunity for a hearing to applicants
11 and licensees for whom the board intends to refuse to issue or renew a
12 license, or whose license the board proposes to revoke or suspend.
13
14 17-108-304. Display of license.
15 A naturopathic physician shall display his or her license in his or her
16 place of business in a location clearly visible to his or her patients and
17 shall also display evidence of the naturopathic physician having completed an
18 approved naturopathic medical school.
19
20 17-108-305. Referral requirement.
21 A naturopathic physician shall refer to a physician licensed to
22 practice in the state any patient whose medical condition is determined, at
23 the time of evaluation or treatment, to be beyond the scope of practice of
24 the naturopathic physician.
25
26 17-108-306. Criminal background check.
27 (a)(1) Each applicant for a license issued by the Arkansas State Board
28 of Natural Medicine is required to apply to the Identification Bureau of the
29 Division of Arkansas State Police for a state and federal criminal background
30 check to be conducted by the Identification Bureau of the Division of
31 Arkansas State Police and the Federal Bureau of Investigation.
32 (2) A license shall not be issued to an applicant until the
33 board receives and approves the state and federal criminal background check.
34 (b) The criminal background check shall conform to applicable federal
35 standards that are in effect on January 1, 2025, and shall include the taking
36 of fingerprints.
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1 (c) The applicant shall sign a release of information to the board and
2 shall be responsible to the Division of Arkansas State Police for the payment
3 of any fee associated with the criminal background check.
4 (d) Upon completion of the criminal background check, the
5 Identification Bureau of the Division of Arkansas State Police shall forward
6 to the board all releasable information obtained concerning the applicant in
7 the commission of any offense listed in subsection (e) of this section.
8 (e) Except as provided in subsection (f) of this section, a person
9 shall not receive or hold a license issued by the board if the person has
10 been convicted of or pleaded guilty or nolo contendere to any felony listed
11 under � 17-3-102 or a crime involving fraud, dishonesty, untruthfulness, or
12 untrustworthiness, or is a registered sex offender or required to register as
13 a sex offender.
14 (f)(1) The provisions of subsection (e) of this section may be waived
15 by the board upon the request of:
16 (A) An affected applicant for licensure; or
17 (B) The person holding a license subject to sanctions.
18 (2) Circumstances for which a waiver may be granted shall
19 include without limitation:
20 (A) The age at which the crime was committed;
21 (B) The circumstances surrounding the crime;
22 (C) The length of time since the crime was committed;
23 (D) Subsequent work history;
24 (E) Employment references;
25 (F) Character references; and
26 (G) Other evidence demonstrating that the applicant does
27 not pose a threat to the public.
28 (g)(1) Information received by the board from the Identification
29 Bureau of the Division of Arkansas State Police or the Federal Bureau of
30 Investigation under this section shall not be available for examination
31 except by:
32 (A) The affected applicant for licensure or his or her
33 authorized representative; or
34 (B) The person whose license is subject to revocation or
35 his or her authorized representative.
36 (2) A record, file, or document shall not be removed from the
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1 custody of the division.
2 (h) Information made available to the affected applicant for licensure
3 or the person whose license is subject to revocation shall pertain to that
4 person only.
5 (i) Rights of privilege and confidentiality established in this
6 section shall not extend to any document created for purposes other than the
7 background check.
8 (j) The board may adopt rules to fully implement this section.
9
10 SECTION 2. Arkansas Code � 17-102-102(1), concerning the definition of
11 "acupuncture" within the Arkansas Acupuncture Practices Act, is amended to
12 read as follows:
13 (1) "Acupuncture" means the insertion, manipulation, and removal
14 of filiform needles from the body and the use of other modalities and
15 procedures at specific locations on the body for the prevention, cure, or
16 correction of a malady, illness, injury, pain, or other condition or disorder
17 by controlling and regulating the flow and balance of energy and functioning
18 of the patient to restore and maintain health, but acupuncture shall not be
19 considered surgery;
20
21 SECTION 3. Arkansas Code � 17-102-102(3), concerning the definition of
22 "board" within the Arkansas Acupuncture Practices Act, is repealed.
23
24 (3) "Board" means the Arkansas State Board of Acupuncture and
25 Related Techniques;
26
27 SECTION 4. Arkansas Code � 17-102-103(a)(1), concerning the
28 disposition of funds under the Arkansas Acupuncture Practices Act, is amended
29 to read as follows:
30 (a)(1) All fees authorized by this chapter are the property of the
31 Arkansas State Board of Acupuncture and Related Techniques Natural Medicine
32 and shall be provided to the Treasurer of the Arkansas State Board of
33 Acupuncture and Related Techniques Natural Medicine to be disposed of as
34 provided in this chapter.
35
36 SECTION 5. Arkansas Code � 17-102-104(c) is amended to read as
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1 follows:
2 (c) A person licensed or certified under this chapter shall not
3 identify himself or herself as a doctor or physician unless he or she has
4 earned a doctorate degree or transitional doctoral degree from an accredited,
5 approved, or authorized education institution as approved by Arkansas State
6 Board of Natural Medicine.
7
8 SECTION 6. Arkansas Code � 17-102-106 is amended to read as follows:
9 17-102-106. Prosecution of violations.
10 It shall be the duty of the several prosecuting attorneys of the State
11 of Arkansas to prosecute to final judgment every criminal violation of this
12 chapter committed within their jurisdictions when requested and authorized by
13 the Arkansas State Board of Acupuncture and Related Techniques Natural
14 Medicine.
15
16 SECTION 7. Arkansas Code Title 17, Chapter 102, Subchapter 2, as
17 amended by Sections 33, 34, and 35 of Acts 2025, No. 170, is amended to read
18 as follows:
19 Subchapter 2 -- Arkansas State Board of Acupuncture and Related Techniques
20 Natural Medicine
21
22 17-102-201. Creation of board -- Members -- Appointment.
23 (a)(1)(A) There is created the Arkansas State Board of Acupuncture and
24 Related Techniques Natural Medicine.
25 (B) The board shall consist of five (5) eight (8) persons
26 appointed by the Governor as full members and one (1) person appointed by the
27 Governor as an ex officio member subject to confirmation by the Senate for
28 terms of three (3) years, except as provided in subsection (b) of this
29 section.
30 (2) Three (3) full members of the board shall be qualified
31 acupuncturists.
32 (3) Three (3) members shall be qualified naturopathic
33 physicians.
34 (3)(A)(4)(A) Two (2) full members shall be appointed to
35 represent the public and shall not have practiced acupuncture and related
36 techniques, naturopathic medicine, or any other medical professional
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1 regulated by the board in this or any other jurisdiction nor be retired from
2 or have any financial interest in the occupation occupations regulated.
3 (B) The public members shall be subject to confirmation by
4 the Senate. One (1) member shall represent consumers, and one (1) member
5 shall be sixty (60) years of age or older and shall be the representative of
6 the elderly.
7 (C) The same member shall not represent both consumers and
8 the elderly under subdivision (a)(4)(B) of this section.
9 (C)(D) The public members shall be full voting members but
10 shall not participate in the grading of examinations.
11 (4)(A) The ex officio member shall be a physician licensed
12 pursuant to the Arkansas Medical Practices Act, � 17-95-201 et seq., � 17-95-
13 301 et seq., and � 17-95-401 et seq., and shall be entitled to be notified of
14 all board meetings and to participate in the deliberations of the board.
15 (B) However, the ex officio member shall have no vote,
16 shall not serve as an officer of the board, and shall not be counted to
17 establish a quorum or a majority necessary to conduct business.
18 (5)(A) On a biennial basis, the board shall file a written
19 report with the House Committee on Public Health, Welfare, and Labor and the
20 Senate Committee on Public Health, Welfare, and Labor.
21 (B) The report shall contain a certified copy of the
22 minutes of all board meetings as required by � 17-102-205 for the calendar
23 years covering the period of time since the last report.
24 (C) The report shall contain a comprehensive assessment of
25 the board's functionality, including without limitation staff and office site
26 adequacy and any other information as may be requested by the House Committee
27 on Public Health, Welfare, and Labor and the Senate Committee on Public
28 Health, Welfare, and Labor sufficient for the House Committee on Public
29 Health, Welfare, and Labor and the Senate Committee on Public Health,
30 Welfare, and Labor to make a recommendation to the Governor regarding whether
31 the board should be continued or whether the board should be disbanded and
32 abolished in accordance with a proclamation issued by the Governor.
33 (b)(1) The initial full members of the board shall be appointed by the
34 Governor for staggered terms as follows:
35 (A) One (1) member's term shall expire after one (1) year;
36 (B) One (1) member's term shall expire after two (2)
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1 years; and
2 (C) One (1) member's term shall expire after three (3)
3 years.
4 (2) Of the two (2) additional members appointed pursuant to Acts
5 1999, No. 536, one (1) shall be appointed for a two-year term and the other
6 for a three-year term.
7 (3) The initial ex officio board member shall be appointed to a
8 term of three (3) years.
9 (4) Successors shall be appointed for three-year terms.
10 (5)(2) Vacancies shall be filled by appointment by the Governor
11 for the unexpired term.
12 (6)(3) Board members shall serve until their successors have
13 been appointed and qualified.
14 (c) The Governor may remove any full member from the board for any
15 reason that would justify the suspension or revocation of his or her license
16 to practice acupuncture and related techniques.
17 The term of each member shall expire on December 31 of the year
18 designated, and a successor appointee shall be named by the Governor, subject
19 to confirmation by the Senate, on or before the expiration date of the term
20 expiring.
21 (d)(1) Vacancies shall be filled by appointment by the Governor within
22 thirty (30) days of the vacancy.
23 (2) Vacancies of a professional member must be filled by a
24 qualified appointee from the same profession.
25 (e) The members of the board shall take the oath prescribed by the
26 Arkansas Constitution for state officers before entering upon the discharge
27 of their duties.
28 (f)(1) A member of the board may be removed from the board by the
29 Governor:
30 (A) For good cause under � 25-16-804;
31 (B) For cause including dishonorable or unprofessional
32 conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or
33 (C) For any reason that would justify probation,
34 suspension, or revocation of his or her license to practice in the medical
35 profession he or she represents.
36 (2) A member of the board shall not be involved in an
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1 investigation except to cooperate with the investigation as required by the
2 investigator.
3 (d)(g) A person who is or has been in the preceding two (2) years on
4 the faculty of a school which is subject to review by the board may not serve
5 on the board.
6
7 17-102-202. Board members -- Qualifications.
8 (a) Each member of the Arkansas State Board of Acupuncture and Related
9 Techniques Natural Medicine shall be a citizen of the United States, a
10 resident of this state, and, before entering upon the duties of the office,
11 shall take the oath prescribed by the Arkansas Constitution for state
12 officers and shall file it with the Secretary of State who shall thereupon
13 issue to each person so appointed a certificate of appointment.
14 (b) Each full professional member who is a qualified acupuncturist
15 also shall be a graduate of a reputable school or institute of acupuncture or
16 Oriental medicine and be certified by the National Certification Commission
17 for Acupuncture and Oriental Medicine.
18
19 17-102-203. Board members -- Liability.
20 (a) A No member of the Arkansas State Board of Acupuncture and Related
21 Techniques Natural Medicine during the term of his or her office or
22 thereafter shall not be liable for damages as a result of any official act in
23 the performance of his or her duty as such a member.
24 (b) Any action therefor shall upon motion be dismissed with prejudice
25 at the cost of the plaintiff.
26
27 17-102-204. Board organization -- Meetings.
28 (a) The Arkansas State Board of Acupuncture and Related Techniques
29 shall in May each year hold a meeting and elect from the board's membership a
30 president, a secretary, and a treasurer for terms set by the board.
31 (b)(1) It shall be the duty of the board to meet regularly one (1)
32 time in every six (6) months.
33 (2) Special meetings of the board may be called at any time at
34 the pleasure of the President of the Arkansas State Board of Acupuncture and
35 Related Techniques or by the Secretary of the Arkansas State Board of
36 Acupuncture and Related Techniques on the request of any two (2) full members
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1 of the board.
2 (3) Three (3) full members shall constitute a quorum at any
3 meeting of the board.
4 (c) The board shall determine by its own rules the time and manner of
5 giving notice to members of meetings and other matters.
6 (d) Any action of the board shall require an affirmative vote of a
7 majority of the full membership of the board, excluding the ex officio
8 member.
9 (a)(1) Within thirty (30) days of appointment of members, the members
10 of the Arkansas State Board of Natural Medicine shall meet and organize by
11 electing a chair, vice chair, secretary, and treasurer.
12 (2) The Treasurer of the Arkansas State Board of Natural
13 Medicine shall give bond in such amount as may be designated by the board,
14 which may be increased or decreased from time to time, conditioned for the
15 faithful disbursement and accounting of all moneys coming into his or her
16 hands as the treasurer.
17 (b) The board shall hold its regular meetings as established by rule
18 of the board and shall have the power to call and hold special meetings at
19 such times and places as deemed necessary.
20
21 17-102-205. Board minutes -- Records.
22 (a) The Secretary of the Arkansas State Board of Acupuncture and
23 Related Techniques Natural Medicine shall keep a record of the minutes of its
24 meetings and a record of all persons making application for license and the
25 action of the Arkansas State Board of Acupuncture and Related Techniques
26 Natural Medicine thereon.
27 (b) The secretary shall also keep a record of the names, addresses,
28 and license numbers of all acupuncturists licensed by the board, together
29 with a record of license renewals, suspensions, and revocations.
30
31 17-102-206. Board duties and powers.
32 (a)(1) The Arkansas State Board of Acupuncture and Related Techniques
33 Natural Medicine is empowered to incur whatever expenses it may deem
34 necessary or expedient in performing its functions.
35 (2) All of the disbursements provided for in this section shall
36 be out of the fees and fines collected by the Arkansas State Board of
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1 Acupuncture and Related Techniques Natural Medicine.
2 (b) The Arkansas State Board of Acupuncture and Related Techniques is
3 authorized to Natural Medicine shall:
4 (1) Make suitable bylaws for carrying out the duties of the
5 Arkansas State Board of Acupuncture and Related Techniques Natural Medicine
6 under the provisions of this chapter;
7 (2) Sue and be sued;
8 (3) Have an official seal that shall bear the words "Arkansas
9 State Board of Acupuncture and Related Techniques Natural Medicine";
10 (4)(A) Provide a secretary's certificate.
11 (B) The certificate of the Secretary of the Arkansas State
12 Board of Acupuncture and Related Techniques Natural Medicine under seal shall
13 be accepted in the courts of the state as the best evidence as to the minutes
14 of the Arkansas State Board of Acupuncture and Related Techniques Natural
15 Medicine and shall likewise be accepted in the courts of the state as the
16 best evidence as to the licensure or nonlicensure of any person under the
17 requirements of this chapter;
18 (5)(A) Adopt, publish, and, from time to time, revise rules
19 consistent with the law as may be necessary to enable the Arkansas State
20 Board of Acupuncture and Related Techniques Natural Medicine to carry into
21 effect the provisions of this chapter and the Naturopathic Physician Practice
22 Act, � 17-108-101 et seq.
23 (B) All proposed rules after July 31, 2009, shall be
24 approved in writing by the Arkansas State Medical Board under the Arkansas
25 Administrative Procedure Act, � 25-15-201 et seq., but before submission to
26 the Administrative Rules Subcommittee of the Legislative Council;
27 (6) Keep a record of all proceedings, receipts, and
28 disbursements of the Arkansas State Board of Acupuncture and Related
29 Techniques Natural Medicine;
30 (7) Adopt standards for applicants wishing to take the licensing
31 examination under this chapter and conduct examinations or contract with
32 persons or entities to conduct examinations of applicants under this chapter;
33 (8)(A) Grant, deny, renew, suspend, or revoke licenses to
34 practice acupuncture and related techniques for any cause stated in this
35 chapter.
36 (B) Except as otherwise provided by this chapter, the
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1 Arkansas State Board of Acupuncture and Related Techniques Natural Medicine
2 shall have exclusive jurisdiction to determine who shall be permitted to
3 practice acupuncture and related techniques in the State of Arkansas; and
4 (9) Conduct disciplinary proceedings under this chapter and the
5 Naturopathic Physician Practice Act, � 17-108-101 et seq.;
6 (10) Develop a means to provide information to all professionals
7 in this state governed by the Arkansas State Board of Natural Medicine; and
8 (11) Provide for:
9 (A) The investigation of complaints against any person
10 regulated by the Arkansas State Board of Natural Medicine or holding himself
11 or herself out to be a professional regulated by the Arkansas State of
12 Natural Medicine;
13 (B) The publication of information for the public about
14 professions and practices regulated by the Arkansas State Board of Natural
15 Medicine; and
16 (C) An orderly process for the reinstatement of a license.
17 (c)(1) In the performance of the duties of the Arkansas State Board of
18 Acupuncture and Related Techniques Natural Medicine, the Arkansas State Board
19 of Acupuncture and Related Techniques Natural Medicine may administer oaths
20 and take testimony on any matters within the Arkansas State Board of
21 Acupuncture and Related Techniques' Natural Medicine's jurisdiction and issue
22 subpoenas and thereby compel the attendance of persons before the Arkansas
23 State Board of Acupuncture and Related Techniques Natural Medicine for the
24 purpose of examining any facts or conditions properly pending before the
25 Arkansas State Board of Acupuncture and Related Techniques Natural Medicine
26 for action of the Arkansas State Board of Acupuncture and Related Techniques
27 Natural Medicine.
28 (2) All subpoenas issued by the Arkansas State Board of
29 Acupuncture and Related Techniques Natural Medicine shall be served in the
30 manner prescribed by law for the service of subpoenas issuing from the
31 courts, and all persons so served shall obey the subpoenas or be subject to
32 the penalties provided by law for the disobedience of subpoenas issuing from
33 the courts.
34
35 SECTION 8. Arkansas Code � 17-102-303(c), concerning the unlawful
36 practices and penalties under the Arkansas Acupuncture Practices Act, is
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1 amended to read as follows:
2 (c)(1) The courts of this state having general equity jurisdiction are
3 vested with jurisdiction and power to enjoin the unlawful practice of
4 acupuncture and related techniques in a proceeding by the Arkansas State
5 Board of Acupuncture and Related Techniques Natural Medicine or any member
6 thereof or by any citizen of this state in the county in which the alleged
7 unlawful practice occurred or in which the defendant resides or in Pulaski
8 County.
9 (2) The issuance of an injunction shall not relieve a person
10 from criminal prosecution for violation of the provisions of this chapter,
11 but the remedy of injunction shall be in addition to liability to criminal
12 prosecution.
13
14 SECTION 9. Arkansas Code � 17-102-304(a)(1) and (2), concerning the
15 application and qualifications to be licensed as an acupuncturist under the
16 Arkansas Acupuncture Practices Act, are amended to read as follows:
17 (a)(1) No A person shall not be licensed to practice acupuncture and
18 related techniques unless he or she has passed an examination and has been
19 found to have the necessary qualifications as prescribed in the rules adopted
20 by the Arkansas State Board of Acupuncture and Related Techniques Natural
21 Medicine.
22 (2)(A) Applications for a license to practice acupuncture and
23 related techniques in the State of Arkansas pursuant to this chapter shall be
24 made to the Secretary of the Arkansas State Board of Acupuncture and Related
25 Techniques Natural Medicine in writing on forms furnished by the board.
26 (B) The application shall be signed by the applicant in
27 his or her own handwriting and acknowledged before an officer authorized to
28 administer oaths.
29
30 SECTION 10. Arkansas Code � 17-102-305(b), concerning examinations for
31 an acupuncturist under the Arkansas Acupuncture Practices Act, is amended to
32 read as follows:
33 (b)(1) The Arkansas State Board of Acupuncture and Related Techniques
34 Natural Medicine shall hold an examination at least one (1) time each
35 calendar year, and all applicants shall be notified in writing of the date
36 and time of all examinations.
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1 (2) The board may utilize a nationally recognized examination if
2 it deems the national exam is sufficient to qualify a practitioner for
3 licensure in this state.
4
5 SECTION 11. Arkansas Code � 17-102-307(1), concerning license renewal
6 under the Arkansas Acupuncture Practices Act, is amended to read as follows:
7 (1) Meets all current standards of the Arkansas State Board of
8 Acupuncture and Related Techniques Natural Medicine; and
9
10 SECTION 12. Arkansas Code � 17-102-308(a), concerning continuing
11 education for acupuncturists under the Arkansas Acupuncture Practices Act, is
12 amended to read as follows:
13 (a) The Arkansas State Board of Acupuncture and Related Techniques
14 Natural Medicine shall not renew the license of any person engaged in the
15 practice of acupuncture and related techniques unless the licensee presents
16 to the board evidence of attendance at a board-approved educational session
17 or sessions of not fewer than twenty-four (24) hours of continuing education
18 within the previous biennial period.
19
20 SECTION 13. Arkansas Code � 17-102-309(a), concerning disciplinary
21 actions and grounds under the Arkansas Acupuncture Practices Act, is amended
22 to read as follows:
23 (a) The following acts by an applicant for a license or by a licensed
24 acupuncturist shall constitute grounds for which the disciplinary actions
25 specified in subsection (b) of this section may be taken by the Arkansas
26 State Board of Acupuncture and Related Techniques Natural Medicine:
27 (1) Attempting to obtain, obtaining, or renewing a license to
28 practice acupuncture and related techniques by bribery, fraud, or deceit;
29 (2) Having pled guilty or nolo contendere to, or having been
30 found guilty of, a crime in any jurisdiction which directly relates to the
31 practice of acupuncture and related techniques or to the ability to practice
32 same;
33 (3) Advertising, practicing, or attempting to practice under a
34 name other than one's own;
35 (4) Making deceptive, untrue, or fraudulent representations in
36 the practice of acupuncture and related techniques;
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1 (5) Becoming mentally incompetent or unfit or incompetent by
2 reason of negligence, habits, or other causes;
3 (6) Becoming habitually intemperate or addicted to the use of
4 habit-forming drugs, illegal drugs, or alcohol;
5 (7) Acting unprofessionally in the practice of acupuncture and
6 related techniques;
7 (8) Committing fraud or deceit in filing insurance forms,
8 documents, or information pertaining to the health or welfare of a patient;
9 or
10 (9) Willfully or repeatedly violating any of the provisions of
11 this chapter or any rule or order of the board.
12
13 SECTION 14. Arkansas Code � 25-16-903(1), concerning the authorization
14 for a sixty dollar ($60.00) stipend, is amended to read as follows:
15 (1) Arkansas State Board of Acupuncture and Related Techniques
16 Natural Medicine;
17
18 SECTION 15. Arkansas Code � 25-43-802(a)(15), concerning the state
19 entities transferred to the Department of Health, is amended to read as
20 follows:
21 (15) The Arkansas State Board of Acupuncture and Related
22 Techniques Natural Medicine, created under � 17-102-201;
23
24 SECTION 16. DO NOT CODIFY. TEMPORARY LANGUAGE. Issuance of first
25 licenses.
26 On or before December 1, 2025, the Arkansas State Board of Natural
27 Medicine shall issue licenses to those applicants who have met the
28 requirements of this act and board rules promulgated in accordance with this
29 act.
30
31 SECTION 17. DO NOT CODIFY. TEMPORARY LANGUAGE. Transition period -
32 Membership.
33 (a)(1) Except as provided in subdivision (a)(2) of this section, the
34 existing members of the Arkansas State Board of Acupuncture and Related
35 Techniques shall have their terms expire upon the effective date of this act.
36 (2) The two (2) members of the Arkansas State Board of
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1 Acupuncture and Related Techniques who represent the public shall continue to
2 serve as members of the Arkansas State Board of Natural Medicine and shall
3 exercise the powers and duties assigned until the expiration of the members'
4 terms.
5 (3) Members of the Arkansas State Board of Acupuncture and
6 Related Techniques may be appointed to serve as members of the Arkansas State
7 Board of Natural Medicine.
8 (b) Except as provided in subdivision (a)(2) of this section, upon the
9 effective date of this act, the initial members of the Arkansas State Board
10 of Natural Medicine created under this act shall be appointed by the Governor
11 for staggered terms as follows:
12 (1) The term of one (1) member who is an acupuncturist and one
13 (1) member who is a naturopathic physician shall expire after one (1) year;
14 (2) The term of one (1) member who is an acupuncturist and one
15 (1) member who is a naturopathic physician shall expire after two (2) years;
16 and
17 (3) The term of one (1) member who is an acupuncturist and one
18 (1) member who is a naturopathic physician shall expire after three (3)
19 years.
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