Ark. Code Ann. § 17-95-303 (2026)
Powers and duties
The Arkansas State Medical Board shall:
- Make and adopt all rules and bylaws not inconsistent with the laws of this state or of the United States and necessary or convenient to perform the duties and to transact the business required by law;
- Have authority to promulgate and put into effect such rules as are necessary to carry out the purposes of the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq., and the intentions expressed therein;
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- Have authority to request the Department of Health to employ attorneys to represent the board in all legal matters for a compensation approved by the board.
- Contracts for employment of attorneys shall be filed by the Secretary of the Department of Health with the Legislative Council.
- The board shall have authority to request the assistance of the Attorney General and the prosecuting attorneys of Arkansas in such manner as it deems necessary and proper;
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- Have the authority to employ a director in consultation with the secretary to carry out the purposes and the mandates of the board;
- Examine, as is provided for by law, all applicants for a license to practice medicine in this state;
- Consider and give deference to data, studies, consensus documents, and conclusions issued by the Centers for Disease Control and Prevention or the National Institutes of Health whenever their data, studies, consensus documents, and conclusions are relevant to any decision made pursuant to the board's powers and duties under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;
- Have the power and authority to collect practice data from licensees; and
- Promulgate rules limiting the amount of Schedule II narcotics that may be prescribed and dispensed by licensees of the board.
History. Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 15, § 4; 1979, No. 150, § 1; 1983, No. 365, § 5; A.S.A. 1947, §§ 72-602, 72-618; Acts 1992 (1st Ex. Sess.), No. 38, § 2; 2001, No. 464, § 4; 2003, No. 1716, § 1; 2011, No. 1010, § 1; 2017, No. 69, § 2; 2017, No. 820, § 5; 2019, No. 315, § 1621; 2019, No. 910, § 4896.
A.C.R.C. Notes. Acts 2007, No. 655, § 1, provided: “The Arkansas State Board of Health's regulatory authority over radiologist assistants and radiology practitioner assistants pursuant to § 17-106-105(a)(1)(C) is transferred to the Arkansas State Medical Board.”
Amendments. The 2011 amendment added (10).
The 2017 amendment by No. 69 substituted “legal matters for” for “legal matters at” in (3)(A)(i); substituted “Executive Director” for “Executive Secretary” in (3)(A)(ii); and substituted “executive director and a deputy director” for “executive secretary” in (4).
The 2017 amendment by No. 820 added (11).
The 2019 amendment by No. 315 deleted “regulations” following “rules” in (1); and deleted “and regulations” following “rules” in (2).
The 2019 amendment by No. 910 deleted “regulations” following “rules” in (1); deleted “and regulations” following “such rules” in (2); in (3)(A), inserted “request the Department of Health” in (i), and substituted “Secretary of the Department of Health” for “Executive Director of the Arkansas State Medical Board” in (ii); rewrote (4), which formerly read: “Have the authority to employ an executive director and a deputy director to carry out the purposes and the mandates of the board and to supervise the other employees of the board”; deleted former (5)-(7); and redesignated former (8)-(11) as present (5)-(7).
Cross References. Lists of practitioners to be made and filed, § 17-80-101.
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2003 Arkansas General Assembly, Professions, Occupations, Businesses, Deference to Data from National Sources, 26 U. Ark. Little Rock L. Rev. 456.
Case Notes
Cited: Miller v. Reed, 234 Ark. 850, 355 S.W.2d 169 (1962); Heard v. Payne, 281 Ark. 485, 665 S.W.2d 865 (1984).