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007.34.1-8-XIV. Discipline

AR ADC 007.34.1-8-XIVArkansas Administrative CodeEffective: May 15, 2022

West's Arkansas Administrative Code
Title 007. Department of Health
Division 34. Board of Nursing
Rule 1. Arkansas State Board of Nursing Rules
Chapter 8. Medication Assistant-Certified
Effective: May 15, 2022
Ark. Admin. Code 007.34.1-8-XIV
Formerly cited as AR ADC 007.34.1-8-XV; AR ADC 067.00.8-XV
007.34.1-8-XIV. Discipline
Currentness
A. GROUNDS FOR DISCIPLINE
1. The Board shall have sole authority to deny, suspend, revoke, or limit any MA-C certification issued by the Board or applied for in accordance with the provisions of this chapter, or to otherwise discipline a MA-C upon proof that the person:
a. Has been found guilty of or pleads guilty or nolo contendere to:
1. Fraud or deceit in procuring or attempting to procure a MA-C certificate;
2. Providing services as a MA-C without a valid certificate; or
3. Committing a crime of moral turpitude.
b. Is unfit or incompetent by reason of negligence, habits, or other causes;
c. Is habitually intemperate or is addicted to the use of habit-forming drugs;
d. Is mentally incompetent;
e. Is guilty of unprofessional conduct;
f. Has had a certificate or registration revoked, suspended;
g. Has been placed on probation or under disciplinary order in any jurisdiction;
h. Has voluntarily surrendered a certification or registration and has not been reinstated in any jurisdiction; or
i. Has willfully or repeatedly violated any of the provisions of this chapter.
2. The Board shall refuse to issue or shall revoke the certification of any person who would be disqualified from employment under the provisions of ACA § 20-33-205.
B. INVESTIGATIVE DETERMINATION, NOTICE OF FINDING
The Arkansas State Board of Nursing shall have jurisdiction to investigate all cases of suspected violation of ACA § 17-87-701 et. seq.
1. Upon completion of an investigation, the Arkansas State Board of Nursing shall determine that an allegation against a certificant is either:
a. Unfounded, a finding that shall be entered if the allegation is not supported by substantial evidence;
b. Founded, a finding that shall be entered if the allegation is supported by substantial evidence.
2. After making an investigative determination, the Arkansas State Board of Nursing shall provide notice of the following in writing to the certificant at the last known address of record:
a. The investigative determination;
b. The disciplinary action taken against the certificant;
c. Statement that the certificant with the founded report has the right to an administrative hearing upon a timely written request;
d. A statement that the written request for an administrative hearing shall be made to the Arkansas State Board of Nursing within thirty (30) days of receipt of the notice of determination.
e. The fact that the certificant has the right to be represented by an attorney at the certificant's own expense;
f. A statement that the certificant's failure to request an administrative hearing in writing within thirty (30) days from the date of receipt of the notice will result in submission of the investigative report, including the investigative determination, to all interested parties;
g. The consequences of a finding by substantial evidence through the administrative hearing process that violation of ACA § 17-87-701 et. Seq. has occurred.
C. FINAL DETERMINATION OF FINDINGS
If the Arkansas State Board of Nursing's investigative determination of founded is upheld during the administrative hearing process or if the offender does not make a timely appeal for or waives the right to an administrative hearing, the Board shall report the final investigative determination in writing to all interested parties.
D. SUBPOENAS AND SUBPOENAS DUCES TECUM
1. The Arkansas State Board of Nursing shall have the power to issue subpoenas and subpoenas duces tecum in connection with its investigations and hearings;
2. A Subpoena duces tecum may require any book, writing, document, or other paper or thing which is germane to an investigation or hearing conducted by the Board to be transmitted to the Board;
3. Service of subpoena shall be as provided by law for the service of subpoenas in civil cases in the circuit courts of this state, and the fees and mileage of officers serving the subpoenas and of witnesses appearing in answer to the subpoenas shall be the same as provided by law for proceedings in civil cases in the circuit courts of this state;
4. The Board shall issue a subpoena or subpoena duces tecum upon the request of any party to a hearing before the Board;
5. The fees and mileage of the officers serving the subpoena and of the witness shall be paid by the party at whose request a witness is subpoenaed;
6. In the event a person shall have been served with a subpoena or subpoena duces tecum as provided in this section and fails to comply therewith, the Board may apply to the circuit court of the county in which the Board is conducting its investigation or hearing for an order causing the arrest of the person and directing that the person be brought before the court;
7. The court shall have the power to punish the disobedient person for contempt as provided by law in the trial of civil cases in the circuit courts of this state.
E. CIVIL PENALTIES
The Board may, after providing notice and a hearing, levy civil penalties in an amount not to exceed one thousand dollars ($1,000.00) for each violation against those individuals or entities found to be in violation of this Chapter or Rules promulgated there under.
1. Each day of violation shall be a separate offense.
2. These penalties shall be in addition to other penalties which may be imposed by the Board pursuant to this Chapter.
3. 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 Circuit Court of Pulaski County to obtain a judgment for the amount of penalty not paid.

Credits

Amended July 24, 2020; June 3, 2021; May 15, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.34.1-8-XIV, AR ADC 007.34.1-8-XIV
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