After receiving over 700 comments opposing Proposed Rule 46 from across medical professions, the Arkansas Medical Board dismissed concerns as misinformed and pushed forward with Proposed Rule 46.
What happens now? Legislators review rules to ensure unelected boards and commissions do not attempt to write/rewrite laws through regulation instead of going through the legislative process. Which is EXACTLY what the Arkansas Medical Board is attempting to do...
In order for a rule to be rejected by the Legislature, it must: 1) Be in conflict with a state or federal law or 2) Violate legislative intent. Legislators can vote down Proposed Rule 46 because it violates legislative intent.
HOW? The rule begins by redefining surgery to include botox and injections. However surgery is only granted in the scope physicians. By calling these procedures surgery and declaring someone other than a physician can perform them, the rule circumvents the intent of the legislature and existing law. Additionally, the rule explicitly prohibits a physician from delegating such services to Licensed Practical Nurses and Aestheticians, thereby indirectly dictating the scope of practice of licenses which they do not have authority to regulate.
Although the Arkansas Medical Board has approved the rule, three Arkansas Legislative Committees must approve Proposed Rule 46. The Joint Committee on Public Health and Welfare, followed by the ALC Subcommittee on Rules & Regulations, and finally the full Arkansas Legislative Council (ALC) review and vote on this regulation!
You can help defeat this regulatory over-reach by calling or emailing key legislators. Are you worried about what to say? See our recommendations here.
Remember, botox isn't surgery, and it shouldn't be defined that way in state law. ACT TODAY!