Stricken language would be deleted from and underlined language would be added to present law.
Act 98 of the Regular Session
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State of Arkansas As Engrossed: H1/30/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1138 3
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By: Representatives Torres, Gramlich 5
By: Senator C. Penzo 6
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For An Act To Be Entitled 8
AN ACT TO AUTHORIZE CERTAIN MEDICAL PROFESSIONALS TO 9
CERTIFY TO THE OFFICE OF MOTOR VEHICLE ELIGIBILITY 10
FOR A SPECIAL LICENSE PLATE, CERTIFICATE, OR PARKING 11
DECAL FOR A PERSON WITH A DISABILITY; AND FOR OTHER 12
PURPOSES. 13
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Subtitle 16
TO AUTHORIZE CERTAIN MEDICAL 17
PROFESSIONALS TO CERTIFY TO THE OFFICE 18
OF MOTOR VEHICLE ELIGIBILITY FOR A 19
SPECIAL LICENSE PLATE, CERTIFICATE, OR 20
PARKING DECAL FOR A PERSON WITH A 21
DISABILITY. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 17-80-120(a)(1), concerning the signature 26
authority for advanced practice registered nurses and physician assistants, 27
is amended to read as follows: 28
(1) Certification of disability for patients to receive disabled 29
parking permits or placards from the Office of Motor Vehicle to the Office of 30
Motor Vehicle that a patient is a person with a disability for the purposes 31
of the Access to Parking for Persons with Disabilities Act, § 27 -15-301 et 32
seq.; or 33
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SECTION 2. Arkansas Code Title 17, Chapter 93, Subchapter 1, is amended 35
to add an additional section to read as follows: 36 As Engrossed: H1/30/25 HB1138
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17-93-104. Certification for purposes of the Access to Parking for 1
Persons with Disabilities Act. 2
(a) A physical therapist licensed under this chapter is authorized to 3
certify to the Office of Motor Vehicle that a patient is a person with a 4
disability for the purposes of the Access to Parking for Persons with 5
Disabilities Act, § 27 -15-301 et seq. 6
(b) This section does not expand the scope of practice of a physical 7
therapist. 8
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SECTION 3. Arkansas Code § 27 -15-302(4), concerning the definition of 10
"person with a disability" within the Access to Parking for Persons with 11
Disabilities Act, is amended to read as follows: 12
(4) “Person with a disability” means any individual who, as determined 13
by a licensed physician certifying authority : 14
(A) Cannot walk one hundred feet (100 ′) without stopping to 15
rest; 16
(B) Cannot walk without the use of, or assistance from, a 17
brace, cane, crutch, another person, prosthetic device, wheelchair, or other 18
assistive device; 19
(C) Is restricted by lung disease to such an extent that 20
the person's forced respiratory expiratory volume for one (1) second, when 21
measured by spirometry, is less than one liter (1 L), or the arterial oxygen 22
tension is less than sixty millimeters of mercury (60 mmHg) on room air at 23
rest; 24
(D) Uses portable oxygen; or 25
(E) Has a cardiac condition to the extent that the 26
person's functional limitations are classified in severity as Class III or 27
Class IV according to standards set by the American Heart Association; 28
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SECTION 4. Arkansas Code § 27 -15-302, concerning definitions within 30
the Access to Parking for Persons with Disabilities Act, is amended to add an 31
additional subdivision to read as follows: 32
(8) "Certifying authority" means: 33
(A) A licensed physician; 34
(B) An advanced practice registered nurse as authorized 35
under § 17-80-120; 36 As Engrossed: H1/30/25 HB1138
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(C) A physician assistant as authorized under § 17 -80-120; 1
or 2
(D) A physical therapist as authorized under § 17-93-104. 3
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SECTION 5. Arkansas Code § 27 -15-304(a)(1), concerning temporary 5
special certificates under the Access to Parking for Persons with 6
Disabilities Act, is amended to read as follows: 7
(a)(1) A person with a disability , which, as determined by a licensed 8
physician, is certifying authority to be temporary in nature as opposed to 9
permanent, may apply to the Office of Motor Vehicle for a temporary person -10
with-a-disability special certificate, which may include a temporary van -11
accessible parking decal, and, upon request, one (1) additional temporary 12
special certificate, which may include an additional van -accessible parking 13
decal. 14
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SECTION 6. Arkansas Code § 27 -15-307(8)(B), concerning the 16
administration of the Access to Parking for Persons with Disabilities Act, is 17
amended to read as follows: 18
(B) Verify with a letter from a physician certifying 19
authority stating that the person for whom the van -accessible parking decal 20
is issued is a person with a disability that requires the use of a 21
wheelchair, a three-wheeled or four-wheeled scooter, a four -wheeled walker 22
with a seat, or a similar device that is commonly used to transport persons 23
who have limited or no use of their legs. 24
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SECTION 7. Arkansas Code § 27 -15-308(a)(3)-(4), concerning the 26
eligibility for and renewal of a special license plate or certificate for a 27
person with a disability within the Access to Parking for Persons with 28
Disabilities Act, is amended to read as follows: 29
(3)(A)(i) An owner of a motor vehicle that is issued a special 30
license plate under this section shall submit every four (4) years to the 31
Office of Motor Vehicle a physician recertification of the person with a 32
disability to be transported by the vehicle to continue to qualify for the 33
special license plate, unless the person with a disability has a permanent 34
disability The Office of Motor Vehicle shall require recertification of the 35
condition of the person with a disability by a certifying authority one (1) 36 As Engrossed: H1/30/25 HB1138
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time every four (4) years. 1
(ii) Recertification shall not be required for a 2
disability that is permanent in nature . 3
(B) The photo identification card required in this 4
subsection must be renewed every four (4) years. 5
(4)(A) An organization that owns or leases a motor vehicle 6
described in § 27-15-303 that is used in the business of transporting persons 7
with disabilities may apply to the Office of Motor Vehicle for issuance of 8
one (1) special license plate to be affixed to the vehicle for each vehicle 9
used in the business. 10
(B) The requirements of a photo identification card and 11
physician recertification in this subsection recertification provisions of 12
subdivisions (a)(3)(A) -(B) of this section shall not apply to an applicant in 13
the business of transporting persons with disabilities as described in this 14
subsection. 15
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/s/Torres 17
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APPROVED: 2/18/25 20
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