§ 17-87-104 — Penalty

(a) (1) It shall be a misdemeanor for any person to: (A) Sell or fraudulently obtain or furnish any nursing diploma, license, renewal, or record, or aid or abet therein; (B) Practice nursing as defined by this chapter under cover of any diploma, license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation; (C) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing as defined by this chapter unless licensed by the Arkansas State Board of Nursing to do so; (D) Use in connection with his or her name any of the following titles, names, or initials, if the user is not properly licensed under this chapter: (i) Nurse; (ii) Registered nurse or R.N.; (iii) Advanced practice nurse, advanced practice registered nurse, A.P.N., or A.P.R.N., or any of the following: (a) Advanced registered nurse practitioner, certified nurse practitioner, A.R.N.P., A.N.P., or C.N.P.; (b) Nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or C.R.N.A.; (c) Nurse midwife, certified nurse midwife, licensed nurse midwife, C.N.M., or L.N.M.; or (d) Clinical nurse specialist or C.N.S.; (iv) Registered nurse practitioner, N.P., or R.N.P.; (v) Licensed practical nurse, practical nurse, or L.P.N.; (vi) Licensed psychiatric technician nurse, psychiatric technician nurse, L.P.T.N., or P.T.N.; or (vii) Any other name, title, or initials that would cause a reasonable person to believe the user is licensed under this chapter; (E) Practice professional nursing, advanced practice nursing, registered nurse practitioner nursing, practical nursing, or psychiatric technician nursing during the time his or her license shall be suspended; (F) Conduct a nursing education program for the preparation of professional nurses, advanced practice registered nurses, nurse practitioners, practical nurses, or psychiatric technician nurses unless the program has been approved by the board; (G) Prescribe any drug or medicine as authorized by this chapter unless certified by the board as having prescriptive authority, except that a certified registered nurse anesthetist shall not be required to have prescriptive authority to provide anesthesia care, including the administration of drugs or medicines necessary for the care; or (H) Otherwise violate any provisions of this chapter. (2) Such misdemeanor shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Each subsequent offense shall be punishable by fine or by imprisonment of not more than thirty (30) days, or by both fine and imprisonment. (b) (1) After providing notice and a hearing, the board may levy civil penalties in an amount not to exceed one thousand dollars ($1,000) for each violation against those individuals or entities found to be in violation of this chapter or rules promulgated thereunder. (2) Each day of violation shall be a separate offense. (3) These penalties shall be in addition to other penalties which may be imposed by the board pursuant to this chapter. (4) Unless the penalty assessed under this subsection is paid within fifteen (15) calendar days following the date for an appeal from the order, the board shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid.

Legislative History

Amended by Act 2019, No. 315,§ 1540, eff. 7/24/2019. Amended by Act 2013, No. 604,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 604,§ 5, eff. 8/16/2013. Acts 1971, No. 432, § 18; 1980 (1st Ex. Sess.), No. 14, § 4; A.S.A. 1947, § 72-762; Acts 1995, No. 409, § 4.