§ 17-80-114 - Scope of practice -- Complaints.
17-80-114. Scope of practice -- Complaints.
(a) As used in this section, "healing arts" means the practice of any type of profession requiring special education and skill that promotes healing of the human body or that relates to the prevention of illness or disease.
(b) No board of the healing arts may take disciplinary action at the board level against a licensee of another board of the healing arts except as provided in subsections (c) and (d) of this section.
(c) (1) If a licensee or a member of a board of the healing arts believes that a licensee of another board of the healing arts is practicing outside that licensee's proper scope of practice, the licensee or member may file a complaint with his or her own board but may not file the complaint with any other board of the healing arts.
(2) A board of the healing arts that receives a complaint regarding the proper scope of practice of a licensee of another board of the healing arts may file the complaint with that other board.
(3) A board of the healing arts receiving a complaint from another board of the healing arts shall:
(A) Investigate the complaint;
(B) Take whatever action that board considers appropriate pursuant to its practice act and the Arkansas Administrative Procedure Act, 25-15-201 et seq., to determine whether the licensee was practicing outside the licensee's proper scope of practice; and
(C) Communicate the final disposition of the complaint to:
(i) The licensee who is the subject of the complaint; and
(ii) The board of the healing arts that filed the complaint.
(d) (1) With respect to the scope of practice issue, in any subsequent proceeding before the board of the healing arts that filed the complaint and in any subsequent judicial proceeding, the determination of the board of the healing arts that received the complaint shall be dispositive unless the findings, inferences, conclusions, or decisions of the board of the healing arts that received the complaint are:
(A) In violation of constitutional or statutory provisions;
(B) In excess of the board's statutory authority;
(C) Made upon unlawful procedure;
(D) Affected by other error or law;
(E) Not supported by substantial evidence of record; or
(F) Arbitrary, capricious, or characterized by abuse of discretion.
(2) This subsection (d) applies to judicial review under 25-15-212 of action taken by the board of the healing arts that filed the complaint.