Stricken language would be deleted from and underlined language would be added to present law. *JMB088* 01-30-2023 10:31:32 JMB088 State of Arkansas As Engrossed: S1/30/23 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 exceed ing the 29 amounts in this section. 30 (2) If the board determines in its discretion that a reduction 31 is in the best interest of the state, the board may reduce fees below the 32 amounts in this section through the administrative rule process and by the 33 approval of the Governor and either the Legislative Council or, if the 34 General Assembly is in session, the Joint Budget Committee. 35 36 As Engrossed: S1/30/23 SB57 2 01-30-2023 10:31:32 JMB088 SECTION 2. Arkansas Code § 17 -91-101(b), concerning the licensing 1 requirements of osteopathic physicians, is amended to read as fo llows: 2 (b)(1) Applicants for such a licensure shall pay the fees required by 3 the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., 4 and § 17-95-401 et seq. 5 (2) The board shall not increase or set assessed fees exceeding 6 the amounts in this section. 7 (3) 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 Gove rnor and either the Legislative Council or, if the 11 General Assembly is in session, the Joint Budget Committee. 12 13 SECTION 3. Arkansas Code § 17 -95-107(d)(7)(E), concerning 14 credentialing organizations, is amended to read as follows: 15 (E)(i) The board may assess each physician licensee an 16 amount not to exceed one hundred dollars ($100) per year to offset the cost 17 of providing the credentialing service. 18 (ii) The board shall not increase or set assessed 19 fees exceeding the amounts in this section. 20 (iii) If the board determines in its discretion that 21 a reduction is in the best interest of the state, the board may reduce fees 22 below the amounts in this chapter through the administrative rule process and 23 by the approval of the Governor and either the Leg islative Council or, if the 24 General Assembly is in session, the Joint Budget Committee. 25 26 SECTION 4. Arkansas Code § 17 -95-408(c), concerning annual 27 registration fees of a physician, is amended to read as follows: 28 (c)(1) Any delinquent licentiate may be reinstated by paying all 29 delinquent fees and a penalty of fifty dollars ($50.00) for each year or part 30 thereof that he or she has been delinquent. 31 (2) The Arkansas State Medical Board shall not increase or set 32 assessed fees exceeding the amounts in thi s section. 33 (3) If the Arkansas State Medical Board determines in its 34 discretion that a reduction is in the best interest of the state, the 35 Arkansas State Medical Board may reduce fees below the amounts in this 36 As Engrossed: S1/30/23 SB57 3 01-30-2023 10:31:32 JMB088 section through the administrative rule pro cess and by the approval of the 1 Governor and either the Legislative Council or, if the General Assembly is in 2 session, the Joint Budget Committee. 3 4 SECTION 5. Arkansas Code § 17 -95-411 is amended to read as follows: 5 17-95-411. Fees. 6 (a) The Arkansas State Medical Board shall charge the following fees: 7 (1)(A) For application for license by examination or by 8 credentials, four hundred dollars ($400). 9 (B) If it is determined by the board that the credentials 10 of the applicant are insu fficient or the applicant withdraws his or her 11 application before taking the examination, the board may return such portion 12 of the fee as allowed by the rules of the board; 13 (2) For a temporary license or permit, fifty dollars ($50.00) 14 for each six-month period; 15 (3) For certification of licentiate to another state, fifteen 16 dollars ($15.00); and 17 (4)(A)(i) For annual license or reregistration fee, seventy 18 dollars ($70.00). 19 (ii) Except as provided in subdivision (a)(4)(C) of 20 this section, an annua l license or reregistration fee is to be imposed upon 21 each physician who holds a license to practice medicine in the State of 22 Arkansas. 23 (B) The annual license or reregistration fee may be 24 changed by the board provided that the amount shall be fixed by the board not 25 less than sixty (60) days in advance of January 1 of each year. 26 (C) The board shall waive the annual license or 27 reregistration fee of a physician who: 28 (i) Holds a license to practice medicine in the 29 State of Arkansas; and 30 (ii) Is an active-duty member of the military. 31 (b)(1) The board shall not increase or set assessed fees exceeding the 32 amounts in this section. 33 (2) If the board determines in its discretion that a reduction 34 is in the best interest of the state, the board may reduce fees below the 35 amounts in this section through the administrative rule process and by the 36 As Engrossed: S1/30/23 SB57 4 01-30-2023 10:31:32 JMB088 approval of the Governor and either the Legislative Council or, if the 1 General Assembly is in session, the Joint Budget Committee. 2 3 SECTION 6. Arkansas Code § 17-99-302(e), concerning the fees 4 associated with registration as a respiratory care practitioner, is amended 5 to read as follows: 6 (e)(1) A fee not to exceed the prevailing rate set by the National 7 Board for Respiratory Care, Inc. , or its successor organization must 8 accompany the application. 9 (2) The Arkansas State Medical Board shall not increase or set 10 assessed fees exceeding the amounts in this section. 11 (3) If the Arkansas State Medical Board determines in its 12 discretion that a reduction is in the best interest of the state, the 13 Arkansas State Medical Board may reduce fees below the amounts in this 14 section through the administrative rule process and by the approval of the 15 Governor and either the Legislative Council or, if th e General Assembly is in 16 session, the Joint Budget Committee. 17 18 SECTION 7. Arkansas Code § 17 -99-306, concerning annual registration 19 of respiratory care practitioners, is amended to add an additional subsection 20 to read as follows: 21 (c)(1) The board shall not increase or set assessed fees exceeding the 22 amounts in this section. 23 (2) If the board determines in its discretion that a reduction 24 is in the best interest of the state, the board may reduce fees below the 25 amounts in this section through the admini strative rule process and by the 26 approval of the Governor and either the Legislative Council or, if the 27 General Assembly is in session, the Joint Budget Committee. 28 29 SECTION 8. Arkansas Code § 17 -105-117, concerning rulemaking authority 30 of the Arkansas State Medical Board regarding physician assistant licensure, 31 is amended to add an additional subsection to read as follows: 32 (d)(1) The board shall not increase or set assessed fees exceeding the 33 amounts in this section. 34 (2) If the board determines in it s discretion that a reduction 35 is in the best interest of the state, the board may reduce fees below the 36 As Engrossed: S1/30/23 SB57 5 01-30-2023 10:31:32 JMB088 amounts in this section through the administrative rule process and by the 1 approval of the Governor and either the Legislative Council or, if the 2 General Assembly is in session, the Joint Budget Committee. 3 4 /s/Irvin 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36