Ark. Code Ann. § 17-82-201 (2020)
Members — Appointment — Oath
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The Arkansas State Board of Dental Examiners shall be composed of nine (9) members appointed by the Governor, subject to confirmation by the Senate, for terms of five (5) years:
- Six (6) members shall be regularly licensed, registered, and practicing dentists;
- One (1) member shall be a regularly licensed, registered, and practicing dental hygienist who shall have all voting powers of a board member;
- One (1) member, to be known as the consumer representative, shall be appointed from the state as a member at large. The appointment is subject to confirmation by the Senate. The consumer representative shall not be actively engaged in or retired from the practice of dentistry or dental hygiene. He or she shall be a full voting member but shall not participate in the grading of examinations; and
- One (1) member of the board, to represent the elderly, shall be sixty (60) years of age or older, shall not be actively engaged in or retired from the profession of dentistry or dental hygiene, shall be appointed from the state at large subject to confirmation by the Senate, and shall be a full voting member but shall not participate in the grading of examinations.
- The members in subdivision (a)(1) of this section shall be appointed after consulting the Arkansas State Dental Association, the Arkansas State Dental Hygienists' Association, or the dental section of the Arkansas Medical, Dental, and Pharmaceutical Association.
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The Arkansas State Board of Dental Examiners shall be composed of nine (9) members appointed by the Governor, subject to confirmation by the Senate, for terms of five (5) years:
- The consumer representative and the representative of the elderly positions may not be filled by the same person.
- The board members shall serve subject to the provisions of this chapter during the remainder of their respective terms and until their successors are appointed and qualified.
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- All vacancies which occur by reason of death, resignation, or in any other manner shall be filled by the Governor.
- All such appointments shall be limited to the unexpired term of the office vacated.
- Each member appointed to the board, before entering upon the duties of his or her office, shall take the oath prescribed by Arkansas Constitution, Article 19, § 20.
History. Acts 1955, No. 14, § 2; 1977, No. 113, §§ 1-3; 1981, No. 197, § 1; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 849, § 1; A.S.A. 1947, §§ 6-617 — 6-619, 6-623 — 6-626, 72-535, 72-535.1; Acts 1987, No. 683, § 1; 1999, No. 44, § 1; 2017, No. 540, § 25.
Publisher's Notes. Acts 1981, No. 717, § 1, provided that the purpose of the act was to provide full voting authority to consumer representatives on state boards and commissions affected by Acts 1977, No. 113.
Amendments. The 2017 amendment redesignated the former introductory language of (a) as present (a)(1) and inserted “subject to confirmation by the Senate” therein; redesignated former (a)(1) through (a)(4) as present (a)(1)(A) through (a)(1)(D); added (a)(2); deleted former (d); redesignated the former introductory language of (e) as present (d)(1); deleted “except vacancies which occur by the expiration of the term of appointment” following “manner” in (d)(1); deleted former (e)(1); redesignated former (e)(2) as (d)(2); deleted former (f); and redesignated former (g) as present (e).
Case Notes
Antitrust Liability.
The American Dental Association is clearly vested with the responsibility of recommending candidates to the Governor for positions on the board; thus, the association dons the mantle of the state when carrying out its recommendation function and is consequently immune from Sherman Act liability in performing this function. Brazil v. Ark. Bd. of Dental Exam'rs, 593 F. Supp. 1354 (E.D. Ark. 1984), aff'd, 759 F.2d 674 (8th Cir. 1985).