067-00-99 Ark. Code R. § 2
The performance for compensation of any acts involving the observation, care and counsel of the ill, injured or infirm; the maintenance of health or prevention of illness of others; the supervision and teaching of other personnel; the delegation of certain nursing practices to other personnel as set forth in regulations established by the board; or the administration of medications and treatments as prescribed by practitioners authorized to prescribe and treat according to state law where such acts require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social sciences.
The practice of advanced practice nursing means the delivery of health care services for compensation by professional nurses who have gained additional knowledge and skills through successful completion of an organized program of nursing education that certifies nurses for advanced practice roles as advanced nurse practitioners, certified registered nurse anesthetists, certified nurse midwives and clinical nurse specialists.
The delivery of health care services for compensation in collaboration with and under the direction of a licensed physician or under the direction of protocols developed with a licensed physician. Registered nurse practitioners shall be authorized to engage in activities as recognized by the nursing profession and as authorized by the Board. Nothing in this subdivision is to be deemed to limit a registered nurse practitioner from engaging in those activities which normally constitute the practice of nursing, or those which may be performed by persons without the necessity of the license to practice medicine.
ACTIVITIES OF DAILY LIVING - Those self-care activities which must be accomplished each day in order for the client to care for his own needs and participate in society.
ADVANCED PRACTICE NURSE CATEGORIES - Advanced nurse practitioner, certified registered nurse anesthetist, certified nurse midwife and clinical nurse specialist.
AGENCY, CLINICAL FACILITY - A facility outside the framework of the program which provides educational experiences for the student.
APPROVAL, TYPES:
PREREQUISITE - Permission to proceed in establishing a program of nursing.
INITIAL - Granted to the program when the curriculum is developed and readiness to admit students is demonstrated.
FULL - Granted to the nursing program which provides evidence that minimum requirements are met.
CONTINUED FULL - Granted to the nursing program which continues to meet the minimum requirements.
CONDITIONAL - Serves to warn the nursing program of deviations from mandatory requirements affecting the quality of the school.
PROBATIONAL APPROVAL - A status designated to a nursing education program which does not meet the minimum NCLEX passing rate established by the Board.
APPROVED/ACCREDITED - An agency or institution which has met the requirements established by a recognized national, regional, state or professional body.
BOARD - The Arkansas State Board of Nursing.
BOARD REPRESENTATIVE - A person appointed, hired or otherwise authorized by the Board to carry out its functions.
CHAIRPERSON/DIRECTOR - The person responsible for the specific educational unit in nursing, regardless of the official title in the institution.
COLLABORATING PHYSICIAN - A physician, licensed under the Arkansas Medical Practices Act, § 17-93-201 et seq., who has a practice comparable in scope, specialty or expertise to that of the advanced practice nurse or registered nurse practitioner.
COLLABORATIVE PRACTICE AGREEMENT - Document setting out how an advanced practice nurse and physician intend to cooperate in the delivery of client care.
CONSULTING PHYSICIAN - A physician licensed by the Arkansas Medical Practices Act who has obstetric privileges in a hospital.
CONTROLLED SUBSTANCE - Drug substance or immediate precursor in Schedules l-V.
CREDENTIAL - A license, certificate or other evidence of qualifications.
DELEGATION - Entrusting the performance of a selected nursing task to an individual who is qualified, competent and able to perform such tasks. The nurse retains the accountability for the total nursing care of the individual.
DOCUMENTATION - Written proof or evidence to substantiate factual claims or statements satisfactory to the Board.
DRUG SAMPLE - A unit of a legend drug which is distributed to a practitioner by a manufacturer or a manufacturer's representative at no charge, is not intended to be sold, and is intended to promote the sale of the drug.
EMERGENCY CARE - Unanticipated care provided to a person who is unconscious, ill or injured, when the circumstances require prompt decisions and actions and when the necessity of immediate care is so apparent that any delay would seriously worsen the physical condition or endanger the life of the person.
LEGEND DRUG - A drug limited by Section 503,(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a practitioner's prescription.
MAY - I ndicates permission.
OBSERVATIONAL EXPERIENCE - One in which the nursing student provides no nursing care.
OFF CAMPUS/SATELLITE - A site distant from the originating school offering the same program in nursing as that being offered at the originating school.
PERSONAL CARE - Assistance with activities of daily living not requiring a medical prescription.
PHILOSOPHY/MISSION - includes and identifies the beliefs accepted by the nursing faculty and controlling institution.
PRECEPTOR - A currently licensed nurse or physician, meeting the requirements of these regulations, who serves as a facilitator of student learning in a practice setting.
PRECEPTORSHIP - Practice under the supervision of a qualified preceptor in the care of consumers of health services while a student in a Board approved program.
PRESCRIPTIVE AUTHORITY - Authorization, given by the Board, for an advanced practice nurse who meets established requirements to prescribe. Prescriptive authority for controlled substances shall only extend to drugs listed in Schedules III through V.
PROGRAM - The total educational curriculum in nursing, including theoretical and clinical components.
ASSOCIATE DEGREE PROGRAM - A professional nursing program leading to an associate degree with a major in nursing.
BACCALAUREATE DEGREE PROGRAM - A professional nursing program leading to a baccalaureate degree with a major in nursing.
DIPLOMA PROGRAM - A professional nursing program leading to a diploma with a major in nursing.
PRACTICAL NURSING PROGRAM - A nursing program leading to a certificate in practical nursing.
PSYCHIATRIC TECHNICIAN NURSING PROGRAM - A nursing program leading to a certificate in psychiatric technician nursing.
PROTOCOL - A written statement which delineates agreed-upon approaches in client care and management.
SHALL, WILL, MUST - Indicates a mandatory requirement.
SHOULD - Indicates a recommendation.
SPONSORING/CONTROLLING INSTITUTION - The organization responsible for the administration and continuing operation of the nursing education program.
SURVEY - A visit to determine compliance with minimum requirements.
THERAPEUTIC DEVICE - An instrument or apparatus, requiring a prescription, that is intended for use in diagnosis or treatment, and in the prevention of disease or maintenance or restoration of health.
TRANSMITTING - Relaying an order for a medication, treatment or therapeutic device.
UNDER THE DIRECTION OF A LICENSED PHYSICIAN - The performance of specific acts and procedures which have been authorized by a licensed physician and which may be performed outside the presence of the physician under conditions where a physician is readily available for consultation.
UNENCUMBERED LICENSE - Free of disciplinary limitations or pending action.
The office of the Board is in Little Rock, Arkansas. The office shall be open during business hours each day, Saturday, Sunday and holidays excepted.
The Board may, through one or more of its members, or staff especially authorized, conduct at its office in Little Rock, Arkansas, or in any part of the state, any examination, inquiry or investigation, hearing or other proceeding necessary to perform its duties and functions. The executive director shall have custody of the seal and official records and shall be responsible for the maintenance and custody of the files and records of the Board, including the credentials for all Arkansas licensed nurses, transcripts of testimony and exhibits, the minutes of all actions taken by the Board and all of its findings, determinations, reports, opinions, orders, rules, regulations, and approved forms.
All notices and other actions of the Board shall be authenticated or signed by the president, secretary, or such other person as may be authorized by the Board.
Upon order of the Board, the president, secretary, or executive director shall issue all notices of hearings and other process as may be directed by the Board.
The Board is authorized to:
The executive director of the Board shall be a registered nurse and meet the qualifications required by the Board.
No regulations promulgated hereafter by the Board shall be effective until reviewed by the Arkansas Legislative Council and the Joint Interim Committee on Public Health, Welfare and Labor of the Arkansas General Assembly.
The executive director shall enter, in permanent form, credentials of all nurses, records of official transactions and proceedings, and keep such records in safekeeping.
Meetings may be taped by a secretary as necessary for purposes of minute taking. Tapes may be erased after corresponding minutes have been approved.
The executive director may destroy or dispose of records in the office in accord with applicable law.
Upon written request and payment of a fee, the executive director shall provide to any nurse holding Arkansas licensure a certified copy of any of her/his records on file in the Board office.
Records shall be open to public inspection except as may be specifically exempted by statute.
Copies of rules of the Board will be furnished free of charge to any official of a government agency requesting them in the performance of his/her duties.
A registered nurse, practical nurse or psychiatric technician nurse candidate who has failed the licensure examination may review his/her examination and/or challenge examination items according to the policies and procedures of the test development vendor.
The Arkansas State Board of Nursing is composed of fifteen (15) members to be appointed by the Governor subject to confirmation by the Senate. Six members of the Board shall be registered nurses whose highest level of educational preparation shall be as follows: two diploma school graduates, two associate degree graduates and two baccalaureate degree or post-baccalaureate degree graduates. One member shall be a licensed advanced practice nurse holding a certificate of prescriptive authority. Three members of the Board shall be licensed practical nurses. Three members of the Board shall be licensed psychiatric technician nurses. One member shall be a layperson representing consumers of health care services. One member, not actively engaged in or retired from the profession of nursing, shall be sixty years of age or older, and shall be the representative of the elderly. The Board shall make and adopt all necessary rules and regulations; perform the duties and transact the business required under the provisions of the Arkansas Nurse Practice Act.
The term of office for members of the Board shall be four years. No member shall be appointed to more than two (2) consecutive terms without a break in service.
Nine (9) members of the Board shall constitute a quorum.
The officers of the Board shall consist of a president, vice president, secretary, and treasurer. The president shall be a registered nurse.
The officers of the Board shall be elected annually. The nominee receiving the largest number of votes shall be declared elected and shall assume office on the day of the election.
In case of a vacancy in any of said offices, the Board shall elect one of its members to fill such office until the next regular election.
The Board shall hold a regular meeting within each six (6) month calendar period. Regular meetings shall be determined by the Board unless otherwise ordered by the president.
Special meetings may be called at any time by the president or by the secretary on the request of any three (3) members of the Board.
An agenda shall be prepared for each meeting. A copy of the agenda shall be sent to each member at least seven (7) days prior to the meeting. Any member wishing to have a topic placed on the agenda shall notify the executive director at least ten (10) days prior to the meeting. Items of an emergency nature shall be considered at any meeting without prior notice.
The Board shall keep a record of all meetings and such records shall be retained as a permanent record of the transactions of the Board.
Minutes of the previous board meeting shall be approved at the beginning of each Board business meeting. Once approved, the minutes shall be signed, the Board seal affixed and filed in the official minutes book.
Roberts Rules of Order, Newly Revised, shall be the guide to fair and orderly procedure in meetings of the Board.
The applicant shall meet the licensure requirements of the Board.
The passing score on the licensure examination shall be determined by the Board.
Evidence must be provided verifying successful completion of classroom instruction and clinical practice substantially similar to the minimum requirements for practical nursing programs.
For the purpose of the Compact:
For the purpose of this Compact:
Home state Boards shall include in all licensure disciplinary orders and/or agreements that limit practice and/or require monitoring the requirement that the licensee subject to said order and/or agreement will agree to limit the licensee's practice to the home state during the pendency of the disciplinary order and/or agreement. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state Boards.
In the event a licensee asserts that any data relating to him or her is inaccurate, the burden of proof shall be upon the licensee to provide evidence that substantiates such claim. The Board shall verify and within ten (10) business days correct inaccurate data to the Information System.
Upon payment of a certification fee, a nurse seeking licensure in another state may have a certified statement of Arkansas licensure issued to the Board of Nursing in that state.
A registered nurse practitioner is a licensed professional nurse prepared in the manner stated herein who provides direct care to individuals, families and other groups in a variety of settings, including homes, hospitals, offices, industry, schools and other institutions and health care settings. The service provided by the nurse practitioner is directed toward the delivery of primary, secondary and tertiary care which focuses on the achievement and maintenance of optimal functions in the population. The nurse practitioner engages in independent decision making about the nursing care needs of clients and collaborates with health professionals and others in making decisions about other health care needs. The practitioner plans and institutes health care programs as a member of the health care team. The nurse practitioner is directly accountable and responsible to the recipient for the quality of care rendered.
Regulations which apply to registered nurses are hereby incorporated by reference.
The RNP shall, upon request of the Board, provide documentation outlining the extent of services, responsibilities and required supervision of nurse practitioners, and the accompanying responsibilities of collaborating physicians.
The registered nurse practitioner shall demonstrate competence in any act or procedure delegated by the collaborating physician.
In addition to current licensure as a registered nurse, the information submitted to the Board shall include:
The advanced practice nurse shall practice in a manner consistent with the definition of the practice of advanced practice nursing set forth in Ark. Code Ann. § 17-87-102(3).(A)(B)(C)(D), and in accordance with the scope of practice defined by the appropriate national certifying body and the standards set forth in these regulations. The advanced practice nurse may provide health care for which the APN is educationally prepared and for which competence has been attained and maintained
Advanced practice nurse (APN) licensure shall be designated in one of the four categories below. Current registered nurse licensure in Arkansas is required for all categories of advanced practice licensure. APN categories and their respective qualifications are:
The applicant shall meet the licensure requirements of the Board.
In addition to current licensure as a registered nurse, the information submitted to the Board shall include:
An applicant for an initial certificate of prescriptive authority shall:
The collaborative practice agreement shall include, but not be limited to:
Protocols shall be made available upon request of the Board. Such protocols shall, at a minimum, include:
The purpose of this committee shall include functioning in an advisory capacity to assist the Board with oversight and implementation of the provisions regarding prescriptive authority.
The Advisory Committee shall be composed of five (5) members appointed by the Board and approved by the Governor. Three (3) members shall be advanced practice nurses holding certificates of prescriptive authority. One (1) committee member shall be a licensed physician who has been involved in a collaborative practice with a registered nurse practitioner for at least five (5) years. One member shall be a licensed pharmacist who has been in practice for a least five (5) years.
Members shall serve three (3) year terms and may be reappointed. No member shall be appointed to more than two (2) consecutive terms without a break in service. The Board may remove any advisory committee member, after notice and hearing, for incapacity, incompetence, neglect of duty or malfeasance in office.
Advisory committee members shall serve without compensation; but may be reimbursed to the extent special monies are appropriated therefor for actual and necessary expenses incurred in the performance of their official Board duties.
This chapter presents the Minimum Requirements established by the Arkansas State Board of Nursing for nursing education programs that lead to licensure.
The Requirements are purposefully designed broad in scope to be applicable to all programs. Some programs, however, require specific criteria and those are so indicated in each section as appropriate under the heading variation.
The Board of Nursing has the authority to grant or withdraw any type of approval status from any nursing education program based upon compliance with these minimum requirements.
The following content, related to five approvals granted by the Board to nursing education programs, is presented in process format. Variations to an established process are so reflected.
While the Board grants approvals, it also shall take away those same approvals as indicated by a program's compliance with the Minimum Requirements.
In addition, any program which has obtained approval and not admitted students within twelve months after approval has been granted, or has suspended student admissions for a period of twelve months, shall automatically forfeit approval. Should the institution again desire to admit students, application shall be made to the Board for a new program.
Exemption: Master's programs in advanced practice nursing, which submit evidence of having current accreditation by a Board recognized national educational accrediting agency for the discipline of nursing, shall be accepted by the Board as having met the regulations for Board approval. The standards for accreditation shall be maintained during the accrediting period.
An institution seeking to establish a new nursing education program or off campus program shall submit a letter of intent to the Board of Nursing.
The controlling institution shall be approved or accredited by the appropriate state and regional bodies, or must demonstrate progress in securing approval/accreditation by these bodies.
There shall be secretarial and clerical staff in the nursing program sufficient to meet the needs of administrative and instructional personnel.
The nursing education curriculum shall provide selected learning experiences which promote student acquisition of knowledge, skills, and attitudes essential for beginning practice.
There shall be adequate supervision by nursing faculty of clinical experiences throughout the curriculum.
NOTE: Numbers in parentheses designate minimum number of required theory and clinical hours. The first number indicates clock hours; the second number indicates credit hours.
NOTE: Numbers in parentheses designate minimum number of required theory and clinical clock hours.
There shall be evidence of concurrent instruction of theory and clinical practice.
RNP
The registered nurse practitioner program shall be at least one (1) academic year in length (nine months full-time) and include a minimum of sixteen (16) continuous weeks (640 hours) preceptorship with a qualified preceptor.
LP1M
The Practical nurse program shall be a minimum of 560 theory clock hours and 768 clinical clock hours or the equivalent in credit hours. (One credit hour =16 theory clock hours or 48 clinical clock hours).
LPTN
The psychiatric technician nurse program shall be a minimum of six hundred fifty (650) clock hours in theory and one thousand eighty (1,080) clock hours of clinical experience.
Preceptorial learning activities may be included in a curriculum when the following criteria are met:
An annual report shall be submitted no later than December 1, of each year utilizing the format provided by the Board. The report shall include appointment and termination of faculty during the reporting period.
Arkansas Nursing education programs shall maintain a minimum NCLEX passing rate of 70% for first writes. The minimum passing rate will increase to 75% effective January, 2003.
Nursing education programs which fail below the minimum Board established passing rate on NCLEX shall comply with the following process:
This exposition of the Rules of Procedure formulated under the Administrative Procedure Act, as amended, ACA § 25-15-201 et seq, does not effect a repeal of the provisions of the nurse practice act, its amendments and related laws, except insofar as these Rules of Procedure were formulated under provisions of law which specifically contravenes provisions of the nurse practice act, its amendments and related laws.
Any such rule shall be made or amended only after a hearing upon notice as set forth in these Rules of Procedure.
PRIOR RULES-VALID
Rules of the Board formulated previously are declared to be still in force until amended and certified to the Arkansas Register.
In any case of rule-making, every person has a right to seek to cause the Board to act to make a rule. Every person also has the right to seek to cause an incorrect rule to be corrected.
Orders of the Board shall be effective only when in writing.
Each order shall contain its effective date and shall concisely state:
An order may be given by service upon or delivery to the person ordered by mail, postage prepaid, addressed to the person at his principal place of business or his home as last of record with the Board. An order may also be served by any officer authorized to serve legal process or by any member of the Board or any employee of the Board. An attempt to serve notice at the last address of record in the Board office shall constitute official notice.
There shall be an order formulated upon each adjudication made by the Board or its hearing officer.
Any person who alleges a rule, or its possible application, may injure or threaten to injure him, his business or property may file a petition for a declaratory order as to the applicability of any rule to be enforced by the Board.
Such petition shall be promptly considered and a prompt disposition shall be made.
Declaratory orders shall have the same status as agency orders formulated upon adjudication.
Applicability of statutes or department orders as to any person may be determined in the same manner by declaratory orders.
Ail parties shall be afforded opportunity for hearing after reasonable notice. (See Section XI, subsection B.3. infra.)
Opportunity shall be afforded all people interested in the action to respond and present evidence and argument on all issues involved.
Nothing in these rules shall prohibit informal disposition by stipulation, settlement, consent order or default.
The record shall include:
Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.
In every case of adjudication there shall be a final decision, or order, which shall be in writing or stated in the record.
Parties shall be served either personally or by mail with a copy of any decision or order.
Where a formal hearing before a hearing officer has been held at which the parties were given proper notice, and at which opportunity was offered to them to be present in person and by counsel to present testimony, briefs, and argument, a proposal for decision will not be required.
Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the consideration of the Board. The hearing officer may conduct hearings at any place within the State of Arkansas. In the conduct of such hearings, the hearing officer shall preside and have the power and duties of a presiding official as set forth in Section X.D. The decision on the record made by the hearing officer shall be made by a majority of the members of the Board.
In every case of adjudication, and in cases of rule making where rules are to be made after hearing, there shall be a hearing.
Any person compelled to appear before the Board or a hearing officer shall have the right to counsel.
Every member of the Board present shall conduct her/himself in an impartial manner and the presiding official may withdraw if she/he deems her/himself disqualified. Any party may file an affidavit of personal bias or disqualification which shall be ruled upon by the Board and granted if it is timely, sufficient, and filed in good faith.
The presiding officer of the hearing shall have power to:
The proponent of a rule or order shall have the burden of proof.
Irrelevant, immaterial and unduly repetitious evidence shall be excluded.
Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent person in the conduct of their affairs.
Objections to evidence may be made and shall be noted of record.
When a hearing can be so expedited (and the interests of the parties will not be prejudiced) any part of the evidence may be received in written form.
Parties shall have the right to conduct such cross-examination as may be required for a full, true disclosure of the facts.
Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts peculiarly within the Board's specialized knowledge.
Proceedings shall be as follows.
Except as provided in subsection 2 below, every licensee or applicant for a license shall be afforded notice and an opportunity to be heard before the Board. The Board shall have authority to take any action the effect of which would be to:
If the Board finds that the continued practice by a licensee of the occupation or profession for which he/she is licensed will create an immediate hazard to the public, the Board may suspend the license pending a hearing without prior notice of hearing.
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 regulations promulgated thereunder.
The APN shall submit his/her DEA Registration to the Board upon request following disciplinary hearing in which the registration is encumbered or suspended.
Any notice required by subsection B.3, above, may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified mail with return receipt requested, directed to the licensee or applicant at his or her last known address as shown by the records of the Board. If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed. Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery of the notice to the addressee or refusal of the addressee to accept the notice. An attempt to serve notice at the last address of record shall constitute official notice.
Board hearings held under the provisions of this rule shall be conducted at the Board office or elsewhere in Pulaski County.
Use of Hearing Office - All hearings under this section shall be open to the public.
At all such hearings at least a quorum of the Board shall be present to hear and determine the matter.
A person entitled to be heard pursuant to this section shall have the right to:
In connection with any hearing held pursuant to the provisions of this section, the Board or its hearing officer shall have power to:
In proceedings held pursuant to this rule, the Board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent men in the conduct of serious affairs. The Board may in their discretion exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a Circuit Court.
After a hearing has been completed, the members of the Board shall proceed to consider the case and as soon as practicable shall render their decision. If the hearing was conducted by a hearing officer, the decision shall be rendered by the Board at a meeting where a quorum of the members of the Board are present and participating in the decision. In any case the decision must be rendered within ninety (90) days after the hearing.
Within a reasonable time after the decision is rendered, the Board shall serve upon the person whose license is involved a written copy of the decision, either personally or by registered mail to the last address of record in the Board office. If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.
If a person duly notified fails to appear for a disciplinary hearing and no continuance has been granted, the Board, or its hearing officer, shall hear the evidence of such witnesses as may have appeared, and the Board shall proceed to consider the matter and dispose of it on the basis of the evidence before it in the manner required by subsection L. of Section XI. Failure of the licensee to keep the Board informed of a change of address shall not be grounds to have the hearing reopened.
Where because of accident, sickness, or other cause a person fails to appear for a hearing which has been scheduled by the Board, the person may, within a reasonable time, apply to the Board to reopen the proceeding; and the Board, upon finding such cause sufficient, shall immediately fix a time and place for hearing, and give such person notice thereof as required by Sections XI.B.3. and XI.E. At the time and place fixed, a hearing shall be held in the same manner as would have been employed if the person had appeared in response to the original notice of hearing.
The decision of the Board shall contain:
Judicial review of proceedings under this rule shall be set out in Section XII.
The validity or applicability of a rule may be determined in an action of declaratory judgment if it is alleged that the rule (or its threatened application) injures or threatens to injure the plaintiff.
An application for declaratory judgment may be brought in the circuit court of Pulaski County.
A declaratory judgment may be sought and rendered whether or not the plaintiff requested the Board to act upon the validity or applicability of the questioned rule.
RULEMAKING
If the Board shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act in respect to rule-making, any person may sue for an order commanding the Board to act.
VENUE - CHANCERY COURTS
The suit may be brought in the chancery court of Pulaski County.
Any person who considers himself injured by a failure to act in a case of adjudication has the same judicial review as in a matter of failure to act pertaining to rule-making.
VENUE - CHANCERY COURTS
The plaintiff may bring suit for an order commanding the Board to act. The suit shall be in the Pulaski Chancery Court.
In cases of adjudication, any person who considers himself injured in his person, business or property by final Board action shall be entitled to judicial review.
Nothing in this section shall be construed to limit other means of review provided by law.
Proceedings for review may be instituted by filing a petition in the circuit court of Pulaski County or the county in which the person resides.
The petition shall be filed within thirty days after service of the Board's final decision of the adjudication upon petitioner.
Service shall be had by serving a copy of the petition upon the Board and all other parties of record either by personal service or by mail.
The court may permit other interested parties to intervene.
Filing of the petition shall not automatically stay enforcement of the Board decision. The Board, upon its own action, or the reviewing court may stay the order upon such terms as may be just.
Response shall be made within thirty (30) days after service of the petition, or within such time as the court may allow, but not exceeding a total of ninety (90) days.
The Board shall transmit the record to the reviewing Court.
Additional evidence may be had if, before the date for hearing, application is made to the Court for leave to present additional evidence.
The review shall be conducted by the court without jury and shall be confined to the record.
EXCEPTION:
The reviewing court may affirm the decision of the Board, or it may remand the case for further proceedings. It also may reverse or modify the decision if substantive rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
In cases of disciplinary proceedings any respondent shall be entitled to judicial review of the final Board action.
Proceedings for review may be instituted by filing a petition in the Circuit Court of Pulaski County or the county in which the person resides.
The petition shall be filed within thirty (30) days after service of the Board's final decision of the adjudication upon petitioner.
Service shall be had by serving a copy of the petition upon the president or the secretary of the Board.
Filing of the petition shall not automatically stay enforcement of the Board decision. The Board, upon its own action, or the reviewing court may stay the decision or order upon such terms as may be just.
Response shall be made within thirty (30) days after service of petition, or within such time as the court may allow, but not exceeding a total of ninety (90) days.
Additional evidence may be had if, before the date for hearing, application is made to the court for leave to present additional evidence.
The review shall be conducted by the court without a jury and shall be confined to the record.
In cases of alleged irregularities in procedure before the Board (not shown in the record) testimony may be taken before the court.
The reviewing court may affirm the decision of the Board, or it may remand the case for further proceedings. It also may reverse or modify the decision if substantive rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
Appeals to the Arkansas Supreme Court from any final action of a chancery or circuit court shall follow the procedure prescribed by law.
The Board may institute such civil suits or other legal proceedings as may be required for enforcement of any provisions of ACA § 17-87-101 through 1 7-87-401 (Nurse Practice Act), as amended, and related acts.
If the Board has reason to believe that any person has violated any provisions of the Nurse Practice Act, as amended, or related acts for which criminal prosecution would be in order, it shall so inform the prosecuting attorney in whose district any such purported violation may have occurred.
The term "other causes" shall include but not be limited to the inability to practice nursing because of physical and/or psychological impairment.
067.00.99 Ark. Code R. § 002