060.00.17 Ark. Code R. 007 - Regulation No. 1
The provisions of the Arkansas Medical Practices Act as now written and future amendments and all other relevant Arkansas statutes shall govern all substantive and procedural acts of the Arkansas State Medical Board.
1.
A. The Arkansas State Medical Board was
established by the Medical Practices Act, Act 65 of 1955 and Act 298 of 1957.
The Board is empowered to license and regulate the practice of medicine,
occupational therapy, respiratory therapy, and physician assistants.
B. The Board meets at least quarterly to
examine applicants for licensure, hear complaints, and transact other business
that comes before it. The dates for quarterly or special meetings shall be
determined by the Board. The day to day business of the Board is conducted by
the Executive Director. All subsequent Regulations referring or using the
word(s) executive secretary and/or secretary are hereby changed to Executive
Director.
C. Persons seeking
information from or submitting information to the Board may do so by written
communication to the Executive Director. Persons seeking copies of documents on
file with the Board may be required to remit in advance reasonable payment for
the expense of copying the requested documents. The Executive Director has
license application forms available for interested persons.
2.
A. The Board holds hearings on licensees
pursuant to the Administrative Procedure Act. Upon receipt of information
indicating a possible violation of a licensing statute, the Board or its
designee may investigate the information and report to the full board. If
warranted, a complaint and notice of hearing will be issued informing the
licensee of the alleged statutory or regulatory violation, the factual basis of
the allegation, and the date, time, and place of the hearing. This complaint
and notice of hearing shall be sent at least thirty (30) days in advance of the
scheduled hearing date and shall contain a copy of this and any other pertinent
regulation.
B. If the Board
receives information indicating that the public health, safely, or welfare
requires emergency action, the Board may suspend a person's license pending
proceedings for revocation or other action. An emergency order of suspension
will be issued informing the licensee of the facts or conduct warranting the
suspension, and the date, time, and place of the hearing. This emergency order
shall contain a copy of this and any other pertinent regulation.
C. A licensee desiring to contest the
allegations in a complaint and notice of hearing or an emergency order of
suspension shall submit a written answer responding to the factual and legal
assertions in the complaint and notice of hearing or emergency order of
suspension. At least fifteen (15) days before the scheduled hearing, fifteen
(15) copies of the answer shall be given to the Executive Director, who will
distribute the additional copies to the board members, and two copies of the
answer shall be given to the Board's attorney. If no answer is received fifteen
(15) days before the scheduled hearing, the Board may accept as true the
allegations in the complaint and notice of hearing or emergency order of
suspension and take appropriate action.
D. Any request for continuance, subpoenas, or
recusal of a board member, or any proposed findings of fact and conclusions of
law shall be in writing and must be received by the Executive Director and the
Board's attorney no later than ten (10) days before the scheduled hearing date.
Fifteen (15) copies shall be given to the Executive Director, who will
distribute a copy to each board member, and two (2) copies shall he given to
the Board's attorney. A request for subpoenas, however, shall be by letter to
the Executive Director and the Board's attorney. Any untimely request or
submission may be denied solely on the basis of being untimely.
E. At the scheduled hearing the evidence will
be presented to the Board and the licensee or his attorney may cross-examine
all witnesses and present witnesses and evidence on his own behalf. The Board
may question any witness at any time during the hearing. At the conclusion of
all the evidence the Board shall vote on the appropriate action. If any
disciplinary action is voted, a written decision and order will be prepared and
sent to the licensee.
HISTORY: Adopted November 9, 1967; Amended April 21, 1988.
Notes
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