Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas                   As Engrossed:       S3/30/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 570
 4
 By: Senator D. Sullivan
 6
                                   For An Act To Be Entitled
                 AN ACT TO EXPIRE THE TERMS OF THE CURRENT MEMBERSHIP
                 OF THE ARKANSAS STATE MEDICAL BOARD; TO AMEND THE
                 MEMBERSHIP OF THE ARKANSAS STATE MEDICAL BOARD; AND
                 FOR OTHER PURPOSES.
12
13
                                               Subtitle
                         TO EXPIRE THE TERMS OF THE CURRENT
                         MEMBERSHIP OF THE ARKANSAS STATE MEDICAL
                         BOARD; AND TO AMEND THE MEMBERSHIP OF THE
                         ARKANSAS STATE MEDICAL BOARD.
19
20
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
        SECTION 1.         DO NOT CODIFY.     Expiration of terms of current membership
 of the Arkansas State Medical Board.
        (a)    On or before December 31, 2021, the term of each member serving on
 the Arkansas State Medical Board shall expire.
        (b)(1)       On or before December 31, 2021, the appropriate appointing
 authority shall appoint members to the board as described in this act.
                 (2)     The initial appointments of the members appointed under
 subdivision (b)(1) of this section shall draw lots for terms of two (2), four
 (4), or six (6) years.
                 (3)     An initial term of two (2) or four (4) years shall not count
 against reappointment.
34
        SECTION 2.         Arkansas Code  17-95-301(b) - (d), concerning the
 membership of the Arkansas State Medical Board, are amended to read as
     *JMB376*                                                                    03-30-2021 09:12:57 JMB376
     As Engrossed:    S3/30/21                                                     SB570
 follows:
      (b)(1)(A)    The board shall consist of fourteen (14) fifteen (15)
 members appointed by the Governor for terms of six (6) years.
                     (B)   The Governor, the President Pro Tempore of the Senate,
 and the Speaker of the House of Representatives shall consider diversity of
 practice specialties and geographical areas of practice in making
 appointments to the board.
                     (C)   Congressional district representation shall be
 considered for all selections under this subsection.
            (2)(A)(i)      Ten (10) After consulting with the Arkansas Medical
 Society, Inc., the appropriate appointing authorities shall appoint three (3)
 members shall be duly who are qualified, licensed, and active medical
 practitioners and appointed by the Governor after consulting the Arkansas
 Medical Society, Inc., and subject to confirmation by the Senate.
                             (ii)    At least two (2) members shall be appointed
 from each of the state's four (4) congressional districts.
                             (iii)   Two (2) members shall be appointed at large.
                     (B)   The Governor shall appoint one (1) member.
                     (C)   The President Pro Tempore of the Senate shall appoint
 one (1) member.
                     (D)   The Speaker of the House of Representatives shall
 appoint one (1) member.
                     (B)   Congressional district representation required under
 this subdivision (b)(2) shall be achieved by appointment as vacancies occur.
            (3)    One (1) member shall be a licensed practicing physician in
 this state and shall be appointed by the Governor after consulting the
 Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical
 Association, Inc. and subject to confirmation by the Senate.
            (4)(A)     Two (2) members of the board shall not be actively
 engaged in or retired from the practice of medicine.
                     (B)   One (1) member shall represent consumers, and one (1)
 member shall be sixty (60) years of age or older and shall represent the
 elderly.
                     (C)   Both shall be appointed from the state at large
 subject to confirmation by the Senate The President Pro Tempore of the Senate
 shall appoint one (1) member and the Speaker of the House of Representatives
                                              2               03-30-2021 09:12:57 JMB376
     As Engrossed:           S3/30/21                                                     SB570
 shall appoint one (1) member.
                            (D)   The two (2) positions may not be held by the same
 person.
                            (E)   Both shall be full voting members but shall not
 participate in the grading of examinations.
                   (5)    One (1) member shall be a duly qualified, licensed, and
 practicing osteopathic physician and appointed by the Governor after
 consulting the Arkansas Osteopathic Medical Association and subject to
 confirmation by the Senate.
                   (6)    One (1) member shall be a qualified, licensed, and
 practicing physician assistant appointed by the President Pro Tempore of the
 Senate after consulting with the Arkansas Academy of Physician Assistants,
 Inc.
                   (7)    One (1) member shall be a qualified, licensed, and
 practicing occupational therapist appointed by the Speaker of the House of
 Representatives.
                   (8)(A)     Six (6) members shall be appointed from the state at-
 large.
                            (B)   The Governor shall appoint two (2) members from the
 state at-large.
                            (C)   The President Pro Tempore of the Senate shall appoint
 two (2) members from the state at-large.
                            (D)   The Speaker of the House of Representatives shall
 appoint two (2) members from the state at-large.
          (c)(1)     The term of each member shall expire on December 31 of the year
 designated, and a successor appointee shall be named by the Governor
 appropriate appointing authority on or before the expiration date of the term
 so expiring.
                   (2)    A member may not serve on the board for more than two (2)
 full terms or more than thirteen (13) years.
          (d)(1)     Vacancies on the board occurring otherwise than as provided in
 this section shall be filled by appointment by the Governor appropriate
 appointing authority within thirty (30) days thereafter.
                   (2)    In the event a vacancy exists in the member position of
 licensed practicing physician appointed upon the advice and recommendation of
 the Arkansas Medical Society, Inc. due to death, resignation, or other cause,
                                                  3               03-30-2021 09:12:57 JMB376
     As Engrossed:       S3/30/21                                                   SB570
 a successor member to the position shall be appointed by the Governor
 appropriate appointing authority for the remainder of the unexpired portion
 of the term thereof in the same manner as provided in this section for the
 initial appointment.
               (3)    In the event a vacancy exists in the member position of
 licensed practicing physician appointed upon the advice and recommendation of
 the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical
 Association, Inc. due to death, resignation, or other cause, a successor
 member to the position shall be appointed by the Governor appropriate
 appointing authority for the remainder of the unexpired portion of the term
 thereof in the same manner as provided in this section for the initial
 appointment.
               (4)    In the event a vacancy exists in the member position of the
 licensed osteopathic physician appointed upon the advice and recommendation
 of the Arkansas Osteopathic Medical Association due to death, resignation, or
 other cause, a successor member to the position shall be appointed by the
 Governor appropriate appointing authority for the remainder of the unexpired
 portion of the term thereof in the same manner as provided in this subchapter
 for the initial appointment.
               (5)    In the event that a vacancy exists in the position of the
 licensed physician assistant appointed under subsection (b) of this section
 due to death, resignation, or other causes, a successor to the position shall
 be appointed by the appropriate appointing authority for the remainder of the
 term of the licensed physician assistant in the same manner as provided in
 this subchapter for the initial appointment.
26
      SECTION 3.       Arkansas Code  17-95-301(h)(1), concerning the membership
 of the Arkansas State Medical Board, is amended to read as follows:
      (h)(1)     Members of the board may be removed from the office by the
 Governor appropriate appointing authority:
                       (A)   For good cause pursuant to under  25-16-804;
                       (B)   For cause including dishonorable or unprofessional
 conduct, abuse of authority, malfeasance, misfeasance, or nonfeasance; or
                       (C)(i)   For any reason that would justify probation,
 suspension, or revocation of a physician's license to practice medicine under
 the Arkansas Medical Practices Act,  17-95-201 et seq.,  17-95-301 et seq.,
                                             4               03-30-2021 09:12:57 JMB376
     As Engrossed:   S3/30/21                                                       SB570
 and  17-95-401 et seq., or for any reason that would justify probation,
 suspension, or revocation of a physician assistant's license to practice
 under  17-105-101 et seq., which shall be referred directly to the Division
 of Pharmacy Services and Drug Control of the Department of Health by the
 Governor appropriate appointing authority for investigation as provided in 
 17-80-106.
                            (ii)   The Division of Pharmacy Services and Drug
 Control of the Department of Health shall prepare a report for the Secretary
 of the Department of Health based on its findings.
10
11
                                    /s/D. Sullivan
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
                                            5               03-30-2021 09:12:57 JMB376
Statutes affected: 
Old version SB570 Original - 3-18-2021 12:57 PM: 17-95-301(b), 17-95-301(h)
Old version SB570 V2 - 3-30-2021 09:14 AM: 17-95-301(b), 17-95-301(h)
SB 570: 17-95-301(b), 17-95-301(h)