Stricken language would be deleted from and underlined language would be added to present law. *JMB088* 1/12/2023 8:31:50 AM JMB088 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 57 3 4 By: Senator Irvin 5 By: Representative L. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO MODIFY THE FEES CHARGED BY THE ARKANSAS 9 STATE MEDICAL BOARD; TO AUTHORIZE THE ARK ANSAS STATE 10 MEDICAL BOARD TO RED UCE FEES IF THE FEE REDUCTION IS 11 IN THE BEST INTEREST OF THE STATE; AND FO R OTHER 12 PURPOSES. 13 14 15 Subtitle 16 TO MODIFY THE FEES CHARGED BY THE 17 ARKANSAS STATE MEDICAL BOARD; AND TO 18 AUTHORIZE THE ARKANSAS STATE MEDICAL 19 BOARD TO REDUCE FEES IF THE FEE REDUCTION 20 IS IN THE BEST INTEREST OF THE STATE. 21 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code § 4 -29-309, concerning the certificate of 26 registration for a medical corporation, is amended to add an additional 27 subsection to read as follows: 28 (h)(1) The board shall not increase or set assessed fees exceeding the 29 amounts in this section without approval of the Governor and either the 30 Legislative Council or, if the General Assembly is in session, the Joint 31 Budget Committee. 32 (2) If the board determines in its discretion that a reduction 33 is in the best interest of the sta te, the board may reduce fees below the 34 amounts in this section through the administrative rule process and by the 35 approval of the Governor and either the Legislative Council or, if the 36 SB57 2 1/12/2023 8:31:50 AM JMB088 General Assembly is in session, the Joint Budget Committee. 1 2 SECTION 2. Arkansas Code § 17 -91-101(b), concerning the licensing 3 requirements of osteopathic physicians, is amended to read as follows: 4 (b)(1) Applicants for such a licensure shall pay the fees required by 5 the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., 6 and § 17-95-401 et seq. 7 (2) The board shall not increase or set assessed fees exceeding 8 the amounts in this section without approval of the Governor and either the 9 Legislative Council or, if the General Assembly is in session, th e Joint 10 Budget Committee. 11 (3) If the board determines in its discretion that a reduction 12 is in the best interest of the state, the board may reduce fees below the 13 amounts in this section through the administrative rule process and by the 14 approval of the Governor and either the Legislative Council or, if the 15 General Assembly is in session, the Joint Budget Committee. 16 17 SECTION 3. Arkansas Code § 17 -95-107(d)(7)(E), concerning 18 credentialing organizations, is amended to read as follows: 19 (E)(i) The board may assess each physician licensee an 20 amount not to exceed one hundred dollars ($100) per year to offset the cost 21 of providing the credentialing service. 22 (ii) The board shall not increase or set assessed 23 fees exceeding the amounts in this chapter wi thout approval of the Governor 24 and either the Legislative Council or, if the General Assembly is in session, 25 the Joint Budget Committee. 26 (iii) If the board determines in its discretion that 27 a reduction is in the best interest of the state, the board m ay reduce fees 28 below the amounts in this chapter through the administrative rule process and 29 by the approval of the Governor and either the Legislative Council or, if the 30 General Assembly is in session, the Joint Budget Committee. 31 32 SECTION 4. Arkansas Co de § 17-95-408(c), concerning annual 33 registration fees of a physician, is amended to read as follows: 34 (c)(1) Any delinquent licentiate may be reinstated by paying all 35 delinquent fees and a penalty of fifty dollars ($50.00) for each year or part 36 SB57 3 1/12/2023 8:31:50 AM JMB088 thereof that he or she has been delinquent. 1 (2) The Arkansas State Medical Board shall not increase or set 2 assessed fees exceeding the amounts in this section without approval of the 3 Governor and either the Legislative Council or, if the General Assembly is in 4 session, the Joint Budget Committee. 5 (3) If the Arkansas State Medical Board determines in its 6 discretion that a reduction is in the best interest of the state, the 7 Arkansas State Medical Board may reduce fees below the amounts in this 8 section through the administrative rule process and by the approval of the 9 Governor and either the Legislative Council or, if the General Assembly is in 10 session, the Joint Budget Committee. 11 12 SECTION 5. Arkansas Code § 17 -95-411 is amended to read as follows: 13 17-95-411. Fees. 14 (a) The Arkansas State Medical Board shall charge the following fees: 15 (1)(A) For application for license by examination or by 16 credentials, four hundred dollars ($400). 17 (B) If it is determined by the board that the credentials 18 of the applicant are insufficient or the applicant withdraws his or her 19 application before taking the examination, the board may return such portion 20 of the fee as allowed by the rules of the board; 21 (2) For a temporary license or permit, fifty dollars ($50.00) 22 for each six-month period; 23 (3) For certification of licentiate to another state, fifteen 24 dollars ($15.00); and 25 (4)(A)(i) For annual license or reregistration fee, seventy 26 dollars ($70.00). 27 (ii) Except as provided in subdivision (a)(4)(C) of 28 this section, an annual license or reregistration fee is to be imposed upon 29 each physician who holds a license to practice medicine in the State of 30 Arkansas. 31 (B) The annual license or reregistration fee may be 32 changed by the board provided that the amount shall be fixed by the board not 33 less than sixty (60) days in advance of January 1 of each year. 34 (C) The board shall waive the annual license or 35 reregistration fee of a physician who: 36 SB57 4 1/12/2023 8:31:50 AM JMB088 (i) Holds a license to practice medicine in the 1 State of Arkansas; and 2 (ii) Is an active-duty member of the military. 3 (b)(1) The board shall not increase or set assessed fees exceeding the 4 amounts in this section without approval of the Governor and either the 5 Legislative Council or, if the General Assembly is i n session, the Joint 6 Budget Committee. 7 (2) If the board determines in its discretion that a reduction 8 is in the best interest of the state, the board may reduce fees below the 9 amounts in this section through the administrative rule process and by the 10 approval of the Governor and either the Legislative Council or, if the 11 General Assembly is in session, the Joint Budget Committee. 12 13 SECTION 6. Arkansas Code § 17 -99-302(e), concerning the fees 14 associated with registration as a respiratory care practitioner , is amended 15 to read as follows: 16 (e)(1) A fee not to exceed the prevailing rate set by the National 17 Board for Respiratory Care, Inc. , or its successor organization must 18 accompany the application. 19 (2) The Arkansas State Medical Board shall not increase or set 20 assessed fees exceeding the amounts in this section without approval of the 21 Governor and either the Legislative Council or, if the General Assembly is in 22 session, the Joint Budget Committee. 23 (3) If the Arkansas State Medical Board determines in its 24 discretion that a reduction is in the best interest of the state, the 25 Arkansas State Medical Board may reduce fees below the amounts in this 26 section through the administrative rule process and by the approval of the 27 Governor and either the Legislative Council or, if the General Assembly is in 28 session, the Joint Budget Committee. 29 30 SECTION 7. Arkansas Code § 17 -99-306, concerning annual registration 31 of respiratory care practitioners, is amended to add an additional subsection 32 to read as follows: 33 (c)(1) The board shall not increase or set assessed fees exceeding the 34 amounts in this section without approval of the Governor and either the 35 Legislative Council or, if the General Assembly is in session, the Joint 36 SB57 5 1/12/2023 8:31:50 AM JMB088 Budget Committee. 1 (2) If the board determi nes in its discretion that a reduction 2 is in the best interest of the state, the board may reduce fees below the 3 amounts in this section through the administrative rule process and by the 4 approval of the Governor and either the Legislative Council or, if t he 5 General Assembly is in session, the Joint Budget Committee. 6 7 SECTION 8. Arkansas Code § 17 -105-117, concerning rulemaking authority 8 of the Arkansas State Medical Board regarding physician assistant licensure, 9 is amended to add an additional subsection to read as follows: 10 (d)(1) The board shall not increase or set assessed fees exceeding the 11 amounts in this section without approval of the Governor and either the 12 Legislative Council or, if the General Assembly is in session, the Joint 13 Budget Committee. 14 (2) If the board determines in its discretion that a reduction 15 is in the best interest of the state, the board may reduce fees below the 16 amounts in this section through the administrative rule process and by the 17 approval of the Governor and either the Legislative Council or, if the 18 General Assembly is in session, the Joint Budget Committee. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36