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ARKANSAS BOARD - EXCERPTS ADDRESSING ETHICAL CONDUCT

http://www.armedicalboard.org/support/forms/MPA.pdf

17-80-108. Disciplinary or corrective measures.

(a) Any assistance rendered with any execution carried out pursuant to Sec. 5-4-617 by any licensed health care professional, including, but not limited to, physicians, nurses, and pharmacists, shall not be cause for any disciplinary or corrective measures by any board or commission created by the state or governed by state law which oversees or regulates the practice of health care professionals, including, but not limited to, the Arkansas State Medical Board, the Arkansas State Board of Nursing, and the Arkansas State Board of Pharmacy.

(b) The infliction of the punishment of death by administration of the required lethal substances in the manner required by Sec. 5-4-617 shall not be construed
to be the practice of medicine. History. Acts 1995, No. 651, § 1.

17-80-109. Definitions.

As used in this act:

(1) "Healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease; and

(2) "Health care service" means that service offered or provided relating to the prevention, cure or treatment of illness, injury or disease and includes services performed by healing arts practitioners.

History. Acts 1999, No. 338, § 1.

17-80-110. Using "Doctor" as title in documentation.

In any written document or electronically transmitted document in connection with provision of a health care service, no person shall use the title "Doctor", unless that title is authorized under § 17-1-101 et seq. of the Arkansas Code, in which case that person shall use the title in accordance with the statutes and regulations governing the particular health care profession and is licensed in that profession under § 17-1-101 et seq.

History. Acts 1999, No. 338, § 2.

17-80-111. Restrictions on "Doctor" as title in advertising.

No person shall advertise or allow oneself to be advertised by the title ¡§Doctor¡¨ in association with the practice of one of the healing arts, except in the practice of one of the health care professions regulated under § 17-1-101 et seq. in which case that person shall use the title in accordance with the statutes and regulations governing the particular health care profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under § 17-1-101 et seq.

History. Acts 1999, No. 338, § 3.

17-80-112. Use of "Doctor" as title in provision of health care services.
In connection with the provision of health care services, no person shall call oneself or allow oneself to be called by the title "Doctor", except in the practice of one of the health care professions regulated under

§ 17-1-101 et seq. in which case the person shall use the title in accordance with the statutes and regulations governing the particular health care profession.

History. Acts 1999, No. 338, § 4.

17-80-113. Authorized use of "Doctor" as title.  This act shall not be construed to authorize any person to use the title "Doctor", unless that title is authorized under § 17-1-101 et seq. of the Arkansas Code, in which case that person shall use the title in accordance with the statutes and regulations governing the particular
health care profession or unless that person has been granted a doctoral degree in any healing arts profession and is licensed in that profession under §17-1-101 et seq.

History. Acts 1999, No. 338, § 5.

17-80-114. Sub-chapters 2-4 of this chapter shall be known as the "Arkansas
Medical Practices Act."

History. Acts 1957, No. 198, § 1; A.S.A. 1947, § 72-601.

17-95-202. Definitions. As used in Sub-chapters 2-4 of this chapter, unless the context otherwise requires:

(1) "Active" means a physician actively engaged in the fulltime practice of medicine;

(2) "Board" means the Arkansas State Medical Board;

(3) "Practice of medicine" means:

     (A) Holding out one¡¦s self 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;

     (B) 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 ompensation whatsoever;

     (C) The maintenance of 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;

      (D) Using the title "M.D." "M.B." "D.O." "Physician," "Surgeon," or any 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; or

      (E) Performing any kind of surgical operation upon a human being.

History. Acts 1957, No. 198, §§ 2, 4; 1971, No. 53, § 1; A.S.A. 1947, § § 72-603, 72-604; Acts 2001, No. 464, § 1. Acts  2005, No. 2010 § 1.

17-95-409. Denial, suspension, or revocation - Grounds.

(a) (1) The board may revoke an existing license, impose penalties as listed in § 17-95-410, or refuse to issue a license in the event the holder or applicant, as the case may be, has committed any of the acts or offenses defined in this section to be unprofessional conduct. (2) The words ¡§unprofessional conduct¡¨, as used in Subchapters 2-4 of this chapter, are declared to mean:

(A) (i) Conviction of any crime involving moral turpitude or conviction of a felony.
(ii) The judgment of any such conviction, unless pending upon appeal, shall be conclusive evidence of unprofessional conduct;

(B) Resorting to fraud, misrepresentation, or deception in applying for or securing a license to practice medicine or in taking the examination for the license, or in seeking a renewal of a license;

(C) Aiding or abetting an unlicensed person to practice medicine;

(D) Procuring or aiding or abetting in procuring a wrongful and criminal abortion;

(E) Violation of the laws of the United States or the State of Arkansas regulating the possession, distribution, or use of narcotic or controlled drugs classed in schedules 1-5 of the Controlled Substances Act of 1970 or the Uniform

Controlled Substances Act, Sec. 5-64-101 et seq., including any amendments thereto;

(F) Habitual indulgence in the use of alcohol to such an extent as to render himself incapable of exercising that degree of skill and judgment in the treatment of his patients which the moral trust and confidence in him demands;

(G) Grossly negligent or ignorant malpractice;

(H) Habitual, intemperate, or excessive use of narcotics or of any other habit-forming drugs;

(I) Representing to a patient that a manifestly incurable condition of sickness, disease, or injury can be permanently cured;

(J) Becoming physically or mentally incompetent to practice medicine to such an extent as to endanger the public;

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(K) Insanity or mental disease, if evidenced by an adjudication or by voluntary commitment to an institution for treatment of a mental disease or as determined by an examination conducted by three (3) impartial psychiatrists retained by the board;

(L) (i) Soliciting for patronage; (ii) Advertising for patronage in a false, fraudulent, deceptive, or misleading manner; (iii) Advertising the quality of medica services; or
(iv) Advertising illegal procedures and practices;

(M) Offering, undertaking, attempting, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine or representing, directly or indirectly, that he can treat, operate on, or prescribe for any human condition by a method, means, or procedure which he refuses to divulge upon demand to
the Arkansas State Medical Board;

(N) The willful betraying of a professional secret; and

(O) Persistent, flagrant over-charging or overtreating of patients;

(P) Violating a regulation of the board; and

(Q) Violating a term of probation or an order previously imposed by the board.

(b) (1) (A) The board shall suspend an existing license in the event the holder breached a contract to practice medicine in a rural community that was entered into under the provisions of Sec. 6-81-701 et seq. (B) The suspension shall be for a period of years equivalent to the number of years that the recipient is obligated to practice medicine in a rural area, and the suspension shall continue until the loan, with interest thereon, is paid in full.

(2) Upon notification from the Dean of the College of Medicine of the University of Arkansas for Medical Sciences and the Director of the Health Department that exigent circumstances warrant a waiver of the suspension, the board shall reinstate the holder's license.

History. Acts 1957, No. 198, § 13; 1965, No. 85, § 1; 1973, No. 486, § 1; 1981, No. 708, § 1; 1981, No. 876, § 1; A.S.A. 1947, § 72-613; Acts 1993, No. 1219, §23; 1995, No. 1257, § 3; 2001, No. 464, § 5. 17-95-410.

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