Adoption Agencies. Can the legislature legally exempt certain parties (doctors and lawyers) from the regulations and licensing of adoption agencies that are required of all others? Answer: Yes. The decision to exempt certain individuals from these requirements appears to be within the legislature'

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL ~ JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL June 20, 1985 OPINION NO. 85-147 The Honorable Mack Thompson State Representative 1025 West Emerson Paragould, Arkansas 72450 Dear Representative Thompson: This is in response to your request for an opinion on the following: "Can the legislature legally exempt certain parties (doctors and lawyers) from the regulations and li- censing of adoption agencies that are required of all others"? Child-placement agency licenses are provided by the Child-Placement Agency Licensing Act. Act No. 389 of 1983, codified at Ark. Stat. Ann. §§83-1209 - 83-1221. Ark. Stat. Ann. §83-1215 provides that lawyers or physicians who are actively engaged in their professions within Arkansas are exempt from the provisions of the Act. It would appear from the language of the Act that the legislature believes that the pre-existing licensing stan- dards for lawyers and physicians provide sufficient safe- guards for public health, safety and welfare in the area of child-placement. It is well settled that a statute is presumed to be constitutional, and will not be declared unconstitutional unless it is forbidden by the State or Federal Constitution in express terms or by necessary implication. St. Louis, Iron Mountain & Southern Railway Co. v. State, 99 ark. T, 136 S.W. 938 (1911). Accordingly, the legislature's deci- sion to exempt lawyers and physicians from the above-ref- erenced act seems to be within the discretionary powers. The Honorable Mack Thompson os June 20, 1985 Page Two The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Jerry E. Rose. Attorney General SC:JER:sfc ce: Files