(b)

1. (1) The board was established by the Arkansas Medical Practices Act, Acts 1955, No. 65 and Acts 1957, No. 298.

2. (2) The board is empowered to license and regulate the practice of:

   1. (A) Medicine;
   2. (B) Occupational therapy;
   3. (C) Respiratory therapy; and
   4. (D) Physician assistants.

(c)

1. (1) The board meets at least quarterly to:

   1. (A) Examine applicants for licensure;
   2. (B) Hear complaints; and
   3. (C) Transact other business that comes before it.
2. (2) The dates for quarterly or special meetings shall be determined by the board.
3. (3) The day-to-day business of the board is conducted by the Director of the Arkansas State Medical Board.
4. (4) All subsequent rules referring to or using the word or words executive secretary and/or secretary are hereby changed to director.

(d)

1. (1) Persons seeking information from or submitting information to the board may do so by written communication to the director.
2. (2) Persons seeking copies of documents on file with the board may be required to remit in advance reasonable payment for the expense of copying the requested documents.
3. (3) The director has license application forms available for interested persons.

(e)

1. (1) The board holds hearings on licensees pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

2. (2)

   1. (A) Upon receipt of information indicating a possible violation of a licensing statute, the board or its designee may investigate the information and report to the full board.
   2. (B) If warranted, a complaint and notice of hearing will be issued informing the licensee of the:

(i) Alleged statutory or regulatory violation;

1. (ii) Factual basis of the allegation; and

   1. (iii) Date, time, and place of the hearing.
   2. (C) This complaint and notice of hearing shall be sent at least thirty (30) days in advance of the scheduled hearing date and shall contain a copy of this and any other pertinent rule.

2. (3)

   1. (A) If the board receives information indicating that the public health, safety, or welfare requires emergency action, the board may suspend a person's license pending proceedings for revocation or other action.

   2. (B)

      1. (i) An emergency order of suspension will be issued informing the licensee of the facts or conduct warranting the suspension, and the date, time, and place of the hearing.
      2. (ii) This emergency order shall contain a copy of this and any other pertinent rule.

3. (4)

   1. (A) A licensee desiring to contest the allegations in a complaint and notice of hearing or an emergency order of suspension shall submit a written answer responding to the factual and legal assertions in the complaint and notice of hearing or emergency order of suspension.
   2. (B) At least fifteen (15) days before the scheduled hearing, fifteen (15) copies of the answer shall be given to the director, who will distribute the additional copies to the board members, and two (2) copies of the answer shall be given to the board’s attorney.
   3. (C) If no answer is received fifteen (15) days before the scheduled hearing, the board may accept as true the allegations in the complaint and notice of hearing or emergency order of suspension and take appropriate action.

4. (5)

   1. (A) Any request for continuance, subpoenas, or recusal of a board member, or any proposed findings of fact and conclusions of law shall be in writing and must be received by the director and the board’s attorney no later than ten (10) days before the scheduled hearing date.
   2. (B) Fifteen (15) copies shall be given to the director, who will distribute a copy to each board member, and two (2) copies shall be given to the board’s attorney.
   3. (C) A request for subpoenas, however, shall be by letter to the director and the board’s attorney.
   4. (D) Any untimely request or submission may be denied solely on the basis of being untimely.

5. (6)

   1. (A) At the scheduled hearing, the evidence will be presented to the board and the licensee or his or her attorney may cross-examine all witnesses and present witnesses and evidence on his or her own behalf.
   2. (B) The board may question any witness at any time during the hearing.
   3. (C) At the conclusion of all the evidence, the board shall vote on the appropriate action.
   4. (D) If any disciplinary action is voted, a written decision and order will be prepared and sent to the licensee.