§ 17-95-301 — Creation - Members

(a) There is created the Arkansas State Medical Board. (b) (1) (A) The board shall consist of fifteen (15) members appointed by the Governor for terms of six (6) years. (B) The Governor shall consider diversity of practice specialties and geographical areas of practice in making appointments to the board. (2) (A) (i) Ten (10) members shall be qualified, licensed, and active medical practitioners appointed by the Governor after the Governor has consulted the Arkansas Medical Society, Inc., and shall be 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) 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 the Governor has consulted the Physicians' Section of the Arkansas Medical, Dental, and Pharmaceutical Association, Inc., and shall be 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. (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 qualified, licensed, and practicing osteopathic physician appointed after consulting the Arkansas Osteopathic Medical Association and shall be subject to confirmation by the Senate. (6) One (1) member shall be a qualified, licensed, and practicing physician assistant appointed by the Governor after the Governor has consulted with the Arkansas Academy of Physician Assistants, Inc., and shall be subject to confirmation by the Senate. (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 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 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, a successor member to the position shall be appointed by the Governor 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 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 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 Governor for the remainder of the term of the licensed physician assistant in the same manner as provided in this subchapter for the initial appointment. (e) The members of the board shall take the oath prescribed by the Arkansas Constitution for state officers before entering upon the discharge of their duties. (f) (1) The members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (2) The Director of the Arkansas State Medical Board and the Deputy Director of the Arkansas State Medical Board shall receive such additional salary as may be fixed by the Department of Health. (g) Physicians appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining on the appointed term, the physician: (A) Is no longer actively practicing as a physician; or (B) Moves his or her business or residence out of the district from which he or she was appointed. (h) (1) Members of the board may be removed from the office by the Governor: (A) For good cause pursuant to § 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., 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 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. (2) No member of the board may be involved in the conduct of the investigation except to cooperate with the investigation as required by the investigator. (i) A physician assistant appointed to the board shall: (1) Remain in active practice for the full term of the appointment; or (2) Resign if, with more than one (1) year remaining of the appointed term, the physician assistant is no longer actively practicing as a physician assistant.

Legislative History

Amended by Act 2021, No. 634,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 634,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 386,§ 50, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4895, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4894, eff. 7/1/2019. Amended by Act 2017, No. 69,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 37, eff. 7/22/2015. Acts 1955, No. 65, § 2; 1957, No. 198, § 18; 1977, No. 113, §§ 1-3; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 365, § 5; 1985, No. 850, § 1; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 72-602, 72-602.1, 72-618; Acts 1991, No. 255, §§ 1, 2; 1992 (1st Ex. Sess.), No. 38, § 1; 1997, No. 250, § 166; 2001, No. 464, §§ 2, 3; 2005, No. 2010, §§ 2-4; 2009, No. 1273, § 1.