Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 79 of the Regular Session
 1   State of Arkansas                   As Engrossed:       S1/30/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                               SENATE BILL 57
 4
 5   By: Senator Irvin
 6   By: Representative L. Johnson
 7
 8                                     For An Act To Be Entitled
 9                    AN ACT TO MODIFY THE FEES CHARGED BY THE ARKANSAS
10                    STATE MEDICAL BOARD; TO AUTHORIZE THE ARKANSAS STATE
11                    MEDICAL BOARD TO REDUCE FEES IF THE FEE REDUCTION IS
12                    IN THE BEST INTEREST OF THE STATE; AND FOR OTHER
13                    PURPOSES.
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15
16                                                 Subtitle
17                           TO MODIFY THE FEES CHARGED BY THE
18                           ARKANSAS STATE MEDICAL BOARD; AND TO
19                           AUTHORIZE THE ARKANSAS STATE MEDICAL
20                           BOARD TO REDUCE FEES IF THE FEE REDUCTION
21                           IS IN THE BEST INTEREST OF THE STATE.
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23
24   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26           SECTION 1.       Arkansas Code § 4-29-309, concerning the certificate of
27   registration for a medical corporation, is amended to add an additional
28   subsection to read as follows:
29           (h)(1)      The board shall not increase or set assessed fees exceeding the
30   amounts in this section.
31                    (2)    If the board determines in its discretion that a reduction
32   is in the best interest of the state, the board may reduce fees below the
33   amounts in this section through the administrative rule process and by the
34   approval of the Governor and either the Legislative Council or, if the
35   General Assembly is in session, the Joint Budget Committee.
36
     *JMB088*                                                                    01-30-2023 10:31:32 JMB088
     As Engrossed:       S1/30/23                                                       SB57
 1        SECTION 2.       Arkansas Code § 17-91-101(b), concerning the licensing
 2   requirements of osteopathic physicians, is amended to read as follows:
 3        (b)(1)     Applicants for such a licensure shall pay the fees required by
 4   the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq.,
 5   and § 17-95-401 et seq.
 6                 (2)    The board shall not increase or set assessed fees exceeding
 7   the amounts in this section.
 8                 (3)    If the board determines in its discretion that a reduction
 9   is in the best interest of the state, the board may reduce fees below the
10   amounts in this section through the administrative rule process and by the
11   approval of the Governor and either the Legislative Council or, if the
12   General Assembly is in session, the Joint Budget Committee.
13
14        SECTION 3.       Arkansas Code § 17-95-107(d)(7)(E), concerning
15   credentialing organizations, is amended to read as follows:
16                         (E)(i)     The board may assess each physician licensee an
17   amount not to exceed one hundred dollars ($100) per year to offset the cost
18   of providing the credentialing service.
19                                  (ii)    The board shall not increase or set assessed
20   fees exceeding the amounts in this section.
21                                  (iii)   If the board determines in its discretion that
22   a reduction is in the best interest of the state, the board may reduce fees
23   below the amounts in this chapter through the administrative rule process and
24   by the approval of the Governor and either the Legislative Council or, if the
25   General Assembly is in session, the Joint Budget Committee.
26
27        SECTION 4.       Arkansas Code § 17-95-408(c), concerning annual
28   registration fees of a physician, is amended to read as follows:
29        (c)(1)     Any delinquent licentiate may be reinstated by paying all
30   delinquent fees and a penalty of fifty dollars ($50.00) for each year or part
31   thereof that he or she has been delinquent.
32                 (2)    The Arkansas State Medical Board shall not increase or set
33   assessed fees exceeding the amounts in this section.
34                 (3)    If the Arkansas State Medical Board determines in its
35   discretion that a reduction is in the best interest of the state, the
36   Arkansas State Medical Board may reduce fees below the amounts in this
                                                 2               01-30-2023 10:31:32 JMB088
     As Engrossed:       S1/30/23                                                        SB57
 1   section through the administrative rule process and by the approval of the
 2   Governor and either the Legislative Council or, if the General Assembly is in
 3   session, the Joint Budget Committee.
 4
 5        SECTION 5.        Arkansas Code § 17-95-411 is amended to read as follows:
 6        17-95-411.        Fees.
 7        (a)    The Arkansas State Medical Board shall charge the following fees:
 8                 (1)(A)     For application for license by examination or by
 9   credentials, four hundred dollars ($400).
10                          (B)   If it is determined by the board that the credentials
11   of the applicant are insufficient or the applicant withdraws his or her
12   application before taking the examination, the board may return such portion
13   of the fee as allowed by the rules of the board;
14                 (2)    For a temporary license or permit, fifty dollars ($50.00)
15   for each six-month period;
16                 (3)    For certification of licentiate to another state, fifteen
17   dollars ($15.00); and
18                 (4)(A)(i)      For annual license or reregistration fee, seventy
19   dollars ($70.00).
20                                  (ii)   Except as provided in subdivision (a)(4)(C) of
21   this section, an annual license or reregistration fee is to be imposed upon
22   each physician who holds a license to practice medicine in the State of
23   Arkansas.
24                          (B)   The annual license or reregistration fee may be
25   changed by the board provided that the amount shall be fixed by the board not
26   less than sixty (60) days in advance of January 1 of each year.
27                          (C)   The board shall waive the annual license or
28   reregistration fee of a physician who:
29                                  (i)    Holds a license to practice medicine in the
30   State of Arkansas; and
31                                  (ii)   Is an active-duty member of the military.
32        (b)(1)     The board shall not increase or set assessed fees exceeding the
33   amounts in this section.
34                 (2)    If the board determines in its discretion that a reduction
35   is in the best interest of the state, the board may reduce fees below the
36   amounts in this section through the administrative rule process and by the
                                                 3               01-30-2023 10:31:32 JMB088
     As Engrossed:       S1/30/23                                                  SB57
 1   approval of the Governor and either the Legislative Council or, if the
 2   General Assembly is in session, the Joint Budget Committee.
 3
 4        SECTION 6.       Arkansas Code § 17-99-302(e), concerning the fees
 5   associated with registration as a respiratory care practitioner, is amended
 6   to read as follows:
 7        (e)(1)     A fee not to exceed the prevailing rate set by the National
 8   Board for Respiratory Care, Inc., or its successor organization must
 9   accompany the application.
10                 (2)    The Arkansas State Medical Board shall not increase or set
11   assessed fees exceeding the amounts in this section.
12                 (3)    If the Arkansas State Medical Board determines in its
13   discretion that a reduction is in the best interest of the state, the
14   Arkansas State Medical Board may reduce fees below the amounts in this
15   section through the administrative rule process and by the approval of the
16   Governor and either the Legislative Council or, if the General Assembly is in
17   session, the Joint Budget Committee.
18
19        SECTION 7.       Arkansas Code § 17-99-306, concerning annual registration
20   of respiratory care practitioners, is amended to add an additional subsection
21   to read as follows:
22        (c)(1)     The board shall not increase or set assessed fees exceeding the
23   amounts in this section.
24                 (2)    If the board determines in its discretion that a reduction
25   is in the best interest of the state, the board may reduce fees below the
26   amounts in this section through the administrative rule process and by the
27   approval of the Governor and either the Legislative Council or, if the
28   General Assembly is in session, the Joint Budget Committee.
29
30        SECTION 8.       Arkansas Code § 17-105-117, concerning rulemaking authority
31   of the Arkansas State Medical Board regarding physician assistant licensure,
32   is amended to add an additional subsection to read as follows:
33        (d)(1)     The board shall not increase or set assessed fees exceeding the
34   amounts in this section.
35                 (2)    If the board determines in its discretion that a reduction
36   is in the best interest of the state, the board may reduce fees below the
                                            4               01-30-2023 10:31:32 JMB088
     As Engrossed:   S1/30/23                                                 SB57
 1   amounts in this section through the administrative rule process and by the
 2   approval of the Governor and either the Legislative Council or, if the
 3   General Assembly is in session, the Joint Budget Committee.
 4
 5                                     /s/Irvin
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 7
 8                                 APPROVED: 2/17/23
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Statutes affected: 
Old version SB57 Original - 1-12-2023 10:15 AM: 4-29-309, 17-91-101(b), 17-95-107(d), 17-95-408(c), 17-95-411, 17-99-302(e), 17-99-306
Old version SB57 V2 - 1-30-2023 10:32 AM: 4-29-309, 17-91-101(b), 17-95-107(d), 17-95-408(c), 17-95-411, 01-30-2023, 17-99-302(e), 17-99-306
SB 57: 4-29-309, 17-91-101(b), 17-95-107(d), 17-95-408(c), 17-95-411, 17-99-302(e), 17-99-306
Act 79: 4-29-309, 17-91-101(b), 17-95-107(d), 17-95-408(c), 17-95-411, 01-30-2023, 17-99-302(e), 17-99-306