Ark. Code Ann. § 17-95-202 (2026)
Definitions
As used in the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.:
- “Active” means actively engaged in the full-time practice of medicine;
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“Office-based surgery” means surgery that:
- Is performed by a physician in a medical office that is not a hospital, outpatient clinic, or other facility licensed by the State Board of Health;
- Requires the use of general or intravenous anesthetics; and
- In the opinion of the physician, does not require hospitalization; and
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“Practice of medicine” means:
- Holding out oneself to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever;
- Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of any physical or mental disease, ailment, injury, condition, or defect of any person with the intention of receiving, either directly or indirectly, any fee, gift, or compensation whatsoever;
- Maintaining an office or other place to meet persons for the purpose of examining or treating persons afflicted with disease, injury, or defect of body or mind;
- Using the title “M.D.”, “M.B.”, “D.O.”, “physician”, “surgeon”, or any other word or abbreviation to indicate or induce others to believe that one is engaged in the diagnosis or treatment of persons afflicted with disease, injury, or defect of body or mind, except as otherwise expressly permitted by the laws of this state relating to the practice of any limited field of the healing arts;
- Performing any kind of surgical operation upon a human being; or
- Delegating certain medical practices to other personnel under rules adopted by the board.
History. Acts 1957, No. 198, §§ 2, 4; 1971, No. 53, § 1; A.S.A. 1947, §§ 72-603, 72-604; Acts 2001, No. 464, § 1; 2005, No. 2010, § 1; 2007, No. 827, § 137; 2009, No. 472, § 1; 2013, No. 587, § 1; 2019, No. 386, § 49.
Amendments. The 2007 amendment deleted “a physician” following “means” in (1).
The 2009 amendment added (3)(F) and made related changes.
The 2013 amendment added the definition for “Office-based surgery”.
The 2019 amendment repealed former (2).
Case Notes
Chiropractors.
Chiropractors who indicated that they could perform numerous treatments and diagnostic functions in addition to various therapies were engaged in the illegal practice of medicine. Kuhl v. Ark. State Bd. of Chiropractic Exmrs., 236 Ark. 58, 364 S.W.2d 790 (1963).
Practice of Medicine.
The practice of chiropractic does not come within the meaning of practice of medicine. State v. Gallagher, 101 Ark. 593, 143 S.W. 98 (1912) (decision under prior law).
Evidence indicated that physician's employee who dispensed drugs was practicing medicine within the meaning of this section. Ark. State Medical Bd. v. Grimmett, 250 Ark. 1, 463 S.W.2d 662 (1971).
Ear piercing does not constitute the practice of medicine. Hicks v. Ark. State Medical Bd., 260 Ark. 31, 537 S.W.2d 794 (1976).
Cited: Ark. State Medical Bd. v. Bolding, 324 Ark. 238, 920 S.W.2d 825 (1996).