Ark. Code Ann. § 20-27-1803 — AR Code / Title 20 / Chapter 27 / Subchapter 18 / Section 20-27-1803
Definitions
Status: in_force

As used in this subchapter: (1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to: (A) Taverns; (B) Nightclubs; (C) Cocktail lounges; and (D) Cabarets; (2) "Business" means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit; (3) "Employee" means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit; (4) "Employer" means an individual or a business that employs one (1) or more individuals; (5) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling; (6) (A) "Healthcare facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. (B) "Healthcare facility" includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided. (C) "Healthcare facility" does not include: (i) Medical facilities under § 20-27-704 et seq.; (ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or (iii) Long-term care facilities; (7) "Infiltrate" means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke; (8) "Local governing authority" means a county or municipal corporation of the state; (9) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care; (10) (A) "Place of employment" means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to: (i) Work areas; (ii) Employee lounges; (iii) Restrooms; (iv) Conference rooms; (v) Meeting rooms; (vi) Classrooms; (vii) Employee cafeterias; and (viii) Hallways. (B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility; (11) (A) "Public place" means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: (i) Banks; (ii) Bars; (iii) Educational facilities; (iv) Healthcare facilities; (v) Laundromats; (vi) Public transportation facilities; (vii) Reception areas; (viii) Restaurants; (ix) Retail food production and marketing establishments; (x) Retail service establishments; (xi) Retail stores; (xii) Shopping malls; (xiii) Sports arenas; (xiv) Theaters; and (xv) Waiting rooms. (B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility; (12) (A) "Restaurant" means: (i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and (ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere. (B) "Restaurant" includes, but is not limited to: (i) Coffee shops; (ii) Cafeterias; (iii) Sandwich stands; and (iv) Private and public school cafeterias. (C) "Restaurant" does include a bar area within any restaurant; (13) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; (14) "Secondhand smoke" means smoke: (A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling; (B) Emitted at the mouthpiece during puff drawing; and (C) Exhaled by the person smoking; (15) "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money; (16) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments; (17) "Smoking" means inhaling, exhaling, burning, or carrying any: (A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and (B) Other lighted combustible plant material; and (18) "Sports arena" means a stadium, a sports pavilion, a gymnasium, a health spa, a boxing arena, a swimming pool, a roller rink, an ice rink, a bowling alley, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. Amended by Act 2015, No. 708,§ 1, eff. 7/22/2015. Acts 2006 (1st Ex. Sess.), No. 8, § 1.

As used in this subchapter:

(1) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to: (A) Taverns; (B) Nightclubs; (C) Cocktail lounges; and (D) Cabarets;

(A) Taverns;

(B) Nightclubs;

(C) Cocktail lounges; and

(D) Cabarets;

(2) "Business" means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit;

(3) "Employee" means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit;

(4) "Employer" means an individual or a business that employs one (1) or more individuals;

(5) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;

(6) (A) "Healthcare facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. (B) "Healthcare facility" includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided. (C) "Healthcare facility" does not include: (i) Medical facilities under § 20-27-704 et seq.; (ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or (iii) Long-term care facilities;

(A) "Healthcare facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.

(B) "Healthcare facility" includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided.

(C) "Healthcare facility" does not include: (i) Medical facilities under § 20-27-704 et seq.; (ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or (iii) Long-term care facilities;

(i) Medical facilities under § 20-27-704 et seq.;

(ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or

(iii) Long-term care facilities;

(7) "Infiltrate" means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke;

(8) "Local governing authority" means a county or municipal corporation of the state;

(9) "Long-term care facility" means a nursing home, residential care facility, assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care;

(10) (A) "Place of employment" means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to: (i) Work areas; (ii) Employee lounges; (iii) Restrooms; (iv) Conference rooms; (v) Meeting rooms; (vi) Classrooms; (vii) Employee cafeterias; and (viii) Hallways. (B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility;

(A) "Place of employment" means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to: (i) Work areas; (ii) Employee lounges; (iii) Restrooms; (iv) Conference rooms; (v) Meeting rooms; (vi) Classrooms; (vii) Employee cafeterias; and (viii) Hallways.

(i) Work areas;

(ii) Employee lounges;

(iii) Restrooms;

(iv) Conference rooms;

(v) Meeting rooms;

(vi) Classrooms;

(vii) Employee cafeterias; and

(viii) Hallways.

(B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility;

(11) (A) "Public place" means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: (i) Banks; (ii) Bars; (iii) Educational facilities; (iv) Healthcare facilities; (v) Laundromats; (vi) Public transportation facilities; (vii) Reception areas; (viii) Restaurants; (ix) Retail food production and marketing establishments; (x) Retail service establishments; (xi) Retail stores; (xii) Shopping malls; (xiii) Sports arenas; (xiv) Theaters; and (xv) Waiting rooms. (B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility;

(A) "Public place" means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: (i) Banks; (ii) Bars; (iii) Educational facilities; (iv) Healthcare facilities; (v) Laundromats; (vi) Public transportation facilities; (vii) Reception areas; (viii) Restaurants; (ix) Retail food production and marketing establishments; (x) Retail service establishments; (xi) Retail stores; (xii) Shopping malls; (xiii) Sports arenas; (xiv) Theaters; and (xv) Waiting rooms.

(i) Banks;

(ii) Bars;

(iii) Educational facilities;

(iv) Healthcare facilities;

(v) Laundromats;

(vi) Public transportation facilities;

(vii) Reception areas;

(viii) Restaurants;

(ix) Retail food production and marketing establishments;

(x) Retail service establishments;

(xi) Retail stores;

(xii) Shopping malls;

(xiii) Sports arenas;

(xiv) Theaters; and

(xv) Waiting rooms.

(B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility;

(12) (A) "Restaurant" means: (i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and (ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere. (B) "Restaurant" includes, but is not limited to: (i) Coffee shops; (ii) Cafeterias; (iii) Sandwich stands; and (iv) Private and public school cafeterias. (C) "Restaurant" does include a bar area within any restaurant;

(A) "Restaurant" means: (i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and (ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere.

(i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and

(ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere.

(B) "Restaurant" includes, but is not limited to: (i) Coffee shops; (ii) Cafeterias; (iii) Sandwich stands; and (iv) Private and public school cafeterias.

(i) Coffee shops;

(ii) Cafeterias;

(iii) Sandwich stands; and

(iv) Private and public school cafeterias.

(C) "Restaurant" does include a bar area within any restaurant;

(13) "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental;

(14) "Secondhand smoke" means smoke: (A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling; (B) Emitted at the mouthpiece during puff drawing; and (C) Exhaled by the person smoking;

(A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling;

(B) Emitted at the mouthpiece during puff drawing; and

(C) Exhaled by the person smoking;

(15) "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;

(16) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments;

(17) "Smoking" means inhaling, exhaling, burning, or carrying any: (A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and (B) Other lighted combustible plant material; and

(A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and

(B) Other lighted combustible plant material; and

(18) "Sports arena" means a stadium, a sports pavilion, a gymnasium, a health spa, a boxing arena, a swimming pool, a roller rink, an ice rink, a bowling alley, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

Amended by Act 2015, No. 708,§ 1, eff. 7/22/2015.

Acts 2006 (1st Ex. Sess.), No. 8, § 1.
Ark. Code Ann. § 20-77-305 — AR Code / Title 20 / Chapter 77 / Subchapter 3 / Section 20-77-305
Notice to Department of Human Services of award or settlement by recipient required
Status: in_force

(a) A judgment, an award, or a settlement in any action or claim by a medical assistance recipient to recover damages for injuries, disease, disability, or death in which the Department of Human Services has an interest, shall not be satisfied without first giving the department notice and a reasonable opportunity to establish its interest. (b) If a recipient, his or her guardian, attorney, or personal representative disposes of the funds that are to be held for the benefit of the department under this section without the written approval of the department, that person shall be liable to the department for any amount that, as a result of the disposition of the funds, is not recoverable by the department. (c) In addition to the amount of the department's claim, a recipient, his or her guardian, attorney, or personal representative who knowingly fails to obtain written approval from the department before disposing of funds under this section is liable to the department for: (1) A penalty equal to ten percent (10%) of the amount of the department's claim; and (2) Reasonable costs and attorney's fees. Acts 1979, No. 419, § 5; 1981, No. 500, § 3; A.S.A. 1947, § 83-171.4; Acts 1987, No. 463, § 3; 2009, No. 710, § 1; 2011, No. 625, § 4.

(a) A judgment, an award, or a settlement in any action or claim by a medical assistance recipient to recover damages for injuries, disease, disability, or death in which the Department of Human Services has an interest, shall not be satisfied without first giving the department notice and a reasonable opportunity to establish its interest.

(b) If a recipient, his or her guardian, attorney, or personal representative disposes of the funds that are to be held for the benefit of the department under this section without the written approval of the department, that person shall be liable to the department for any amount that, as a result of the disposition of the funds, is not recoverable by the department.

(c) In addition to the amount of the department's claim, a recipient, his or her guardian, attorney, or personal representative who knowingly fails to obtain written approval from the department before disposing of funds under this section is liable to the department for: (1) A penalty equal to ten percent (10%) of the amount of the department's claim; and (2) Reasonable costs and attorney's fees.

(1) A penalty equal to ten percent (10%) of the amount of the department's claim; and

(2) Reasonable costs and attorney's fees.

Acts 1979, No. 419, § 5; 1981, No. 500, § 3; A.S.A. 1947, § 83-171.4; Acts 1987, No. 463, § 3; 2009, No. 710, § 1; 2011, No. 625, § 4.
Ark. Code Ann. § 20-48-406 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-406
Admission procedures
Status: in_force

(a) (1) Upon receipt of the petition under § 20-48-405 , the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities and funds, then the individual shall not be admitted to a center. If the board determines that the centers do have adequate facilities and funds to care for, treat, and train the individual and that the proposed admission would not crowd the centers beyond their maximum capacity, it shall cause an investigation to be made on the petition. (2) (A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease. (B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board. (C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that: (i) The statements made in the petition are true and correct; (ii) The individual is eligible under the provisions of § 20-48-404 ; (iii) The individual neither has nor is a carrier of a contagious or infectious disease; and (iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has. (b) The board may permit the voluntary admission of the individual to a center for such period of time as the board may deem necessary for the proper care, training, and education of the individual. The admission shall be by action of the board without the necessity of any court procedure. (c) (1) The board may determine that the individual should be admitted to a center by legal commitment only. In that event, the board shall file the petition for admission with the circuit court of the county in which the individual resides. There shall be filed with the court, along with the petition, such of the reports received by the board in the course of its investigation and examination as the board may deem necessary. (2) The court shall promptly set a time and place for a hearing on the petition. (3) The court may appoint one (1) or two (2) reputable physicians to examine the individual and report to the court the mental status of the individual and whether he or she is afflicted with or a carrier of a contagious or infectious disease, or it may adopt the report of the physician appointed by the board in the investigation of the individual as provided for in subsection (a) of this section. (4) Upon the hearing on the petition, the court shall determine whether or not the individual should be committed to a center for care, treatment, and training and shall enter an appropriate order in accordance with its determination. Amended by Act 2019, No. 389,§ 63, eff. 7/24/2019. Acts 1955, No. 6, § 5; 1957, No. 349, § 2; A.S.A. 1947, § 59-1105; Acts 1997, No. 208, § 22; 2003, No. 1473, § 42.

(a) (1) Upon receipt of the petition under § 20-48-405 , the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities and funds, then the individual shall not be admitted to a center. If the board determines that the centers do have adequate facilities and funds to care for, treat, and train the individual and that the proposed admission would not crowd the centers beyond their maximum capacity, it shall cause an investigation to be made on the petition. (2) (A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease. (B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board. (C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that: (i) The statements made in the petition are true and correct; (ii) The individual is eligible under the provisions of § 20-48-404 ; (iii) The individual neither has nor is a carrier of a contagious or infectious disease; and (iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has.

(1) Upon receipt of the petition under § 20-48-405 , the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities and funds, then the individual shall not be admitted to a center. If the board determines that the centers do have adequate facilities and funds to care for, treat, and train the individual and that the proposed admission would not crowd the centers beyond their maximum capacity, it shall cause an investigation to be made on the petition.

(2) (A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease. (B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board. (C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that: (i) The statements made in the petition are true and correct; (ii) The individual is eligible under the provisions of § 20-48-404 ; (iii) The individual neither has nor is a carrier of a contagious or infectious disease; and (iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has.

(A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease.

(B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board.

(C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that: (i) The statements made in the petition are true and correct; (ii) The individual is eligible under the provisions of § 20-48-404 ; (iii) The individual neither has nor is a carrier of a contagious or infectious disease; and (iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has.

(i) The statements made in the petition are true and correct;

(ii) The individual is eligible under the provisions of § 20-48-404 ;

(iii) The individual neither has nor is a carrier of a contagious or infectious disease; and

(iv) The individual is not suffering from psychosis of such nature and extent that a center could not properly and beneficially care for, treat, and train the individual with the facilities and program it then has.

(b) The board may permit the voluntary admission of the individual to a center for such period of time as the board may deem necessary for the proper care, training, and education of the individual. The admission shall be by action of the board without the necessity of any court procedure.

(c) (1) The board may determine that the individual should be admitted to a center by legal commitment only. In that event, the board shall file the petition for admission with the circuit court of the county in which the individual resides. There shall be filed with the court, along with the petition, such of the reports received by the board in the course of its investigation and examination as the board may deem necessary. (2) The court shall promptly set a time and place for a hearing on the petition. (3) The court may appoint one (1) or two (2) reputable physicians to examine the individual and report to the court the mental status of the individual and whether he or she is afflicted with or a carrier of a contagious or infectious disease, or it may adopt the report of the physician appointed by the board in the investigation of the individual as provided for in subsection (a) of this section. (4) Upon the hearing on the petition, the court shall determine whether or not the individual should be committed to a center for care, treatment, and training and shall enter an appropriate order in accordance with its determination.

(1) The board may determine that the individual should be admitted to a center by legal commitment only. In that event, the board shall file the petition for admission with the circuit court of the county in which the individual resides. There shall be filed with the court, along with the petition, such of the reports received by the board in the course of its investigation and examination as the board may deem necessary.

(2) The court shall promptly set a time and place for a hearing on the petition.

(3) The court may appoint one (1) or two (2) reputable physicians to examine the individual and report to the court the mental status of the individual and whether he or she is afflicted with or a carrier of a contagious or infectious disease, or it may adopt the report of the physician appointed by the board in the investigation of the individual as provided for in subsection (a) of this section.

(4) Upon the hearing on the petition, the court shall determine whether or not the individual should be committed to a center for care, treatment, and training and shall enter an appropriate order in accordance with its determination.

Amended by Act 2019, No. 389,§ 63, eff. 7/24/2019.

Acts 1955, No. 6, § 5; 1957, No. 349, § 2; A.S.A. 1947, § 59-1105; Acts 1997, No. 208, § 22; 2003, No. 1473, § 42.
Ark. Code Ann. § 20-15-705 — AR Code / Title 20 / Chapter 15 / Subchapter 7 / Section 20-15-705
Notice of petition and hearing
Status: in_force

(a) Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for the hearing, to be served personally at least seven (7) days before the hearing upon the person who has tuberculosis and is alleged to be dangerous to others. (b) While the petition is pending, the person shall be subject to the local quarantine or restrictions of his or her movements placed on him or her by the health officer for the protection of the public health. Acts 1955, No. 161, § 5; A.S.A. 1947, § 82-615; Acts 1997, No. 208, § 19.

(a) Upon receiving the petition, the court shall fix a date for a hearing on the petition and shall cause notice of the petition, with the time and place for the hearing, to be served personally at least seven (7) days before the hearing upon the person who has tuberculosis and is alleged to be dangerous to others.

(b) While the petition is pending, the person shall be subject to the local quarantine or restrictions of his or her movements placed on him or her by the health officer for the protection of the public health.

Acts 1955, No. 161, § 5; A.S.A. 1947, § 82-615; Acts 1997, No. 208, § 19.
Ark. Code Ann. § 20-13-104 — AR Code / Title 20 / Chapter 13 / Subchapter 1 / Section 20-13-104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 974,§ 3, eff. 8/1/2017. Acts 1999, No. 1448, §§ 1-8.

Repealed by Act 2017, No. 974,§ 3, eff. 8/1/2017.

Acts 1999, No. 1448, §§ 1-8.
Ark. Code Ann. § 20-9-1311 — AR Code / Title 20 / Chapter 9 / Subchapter 13 / Section 20-9-1311
Nonwaivable
Status: in_force

(a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void. (b) However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case basis. Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.

(a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void.

(b) However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case basis.

Added by Act 2017, No. 975,§ 6, eff. 8/1/2017.
Ark. Code Ann. § 20-59-205 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-205
Right of review - Definition
Status: in_force

(a) It shall be the duty of the State Board of Health of the Department of Health, and it is authorized and empowered through its constituted officers and agents as set out in this section, to perform the following acts. However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents and for this purpose service of process upon the Secretary of the Department of Health at any place in this state shall constitute valid service in the application for review: (1) Inspection of Plants. To inspect or cause to be inspected, as often as may be deemed practicable, all dairy products plants or any other places where dairy products are produced, manufactured, frozen, processed, kept, handled, stored, or sold within this state; (2) Production and Sale Prohibited. To prohibit the production and sale of unclean, adulterated, unwholesome milk, cream, or other dairy products; (3) Condemnation for Food. To condemn for food purposes by denaturing with harmless coloring all unclean or unwholesome dairy products wherever they may find those products; (4) Samples. To take samples anywhere of any dairy products or imitation thereof and cause the samples to be analyzed or satisfactorily tested according to the method of the AOAC International in force at the time. The analyses or tests shall be preserved and recorded; (5) Right of Entry. To enter during business hours all dairy products plants or other places where dairy products are manufactured, produced, frozen, processed, stored, sold, or kept for sale or transportation in order to perform their official duties; (6) Price of Cream or Butterfat. (A) To require that no person, firm, corporation, or association shall buy or offer to buy cream or butterfat for butter-making purposes without displaying the price to be paid for cream or butterfat according to grade of cream. (B) The price shall be posted and displayed continuously during the business hours of the person, firm, or corporation buying cream, and the price, according to grade of cream, shall include all premiums and bonuses, if any, in letters and figures not less than two inches (2") in height in such manner or place so that the price posted shall be plainly visible from the street in front of the building or place in which the purchase is made. (C) It shall be deemed a violation hereof if there is: (i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or (ii) A buying of cream or butterfat at a price different from that which is posted. (D) All persons, firms, corporations, or associations, their agents, servants, or employees shall keep a record in their respective cream stations of the time and date on or at which changes in prices are made and posted. (E) However, nothing in this subdivision (a)(6) shall be construed as to forbid or prevent: (i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or (ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated; (7) Subpoenas. (A) To issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports, and records before the board or the Secretary of the Department of Health, in all cases where sufficient evidence of violation of this subchapter is filed with the Secretary of the Department of Health. The Secretary of the Department of Health shall have power to administer oaths with like effect as is done in courts of law in this state. (B) It shall be the duty of any circuit court or the judge thereof upon application to issue an attachment for the witnesses and compel their attendance before the board or the Secretary of the Department of Health, to give testimony upon such matters as shall be lawfully required by the official. The court or judge shall have power, in cases of refusal, to punish for contempt, as in other cases of refusal to obey the orders and process of the court; (8) Tests. (A) To test milk, cream, and other dairy products for the purpose of ascertaining the percentages of butterfat or other ingredients contained therein. (B) If the Secretary of the Department of Health or any of his or her deputies shall find upon testing that there is a variance of more than one percent (1%) of butterfat in a cream test or two-tenths of one percent (2/10 of 1%) in a milk test between his or her test and that made by any person engaged in buying or selling milk, cream, or other dairy products for the basis of payment, the Secretary of the Department of Health or deputy shall cause his or her test to be verified and substantiated by a recognized laboratory. If the chemist shall find that the test made by the Secretary of the Department of Health or deputy is correct, the test thus made and verified shall be admitted in evidence in all prosecutions for violation of this section. The Secretary of the Department of Health is authorized to recall and cancel the testor's permit of the person thus making false tests or to bring criminal action against the person, or both; (9) Carrier Regulations. (A) To forbid and prevent any common carrier to neglect or fail to remove or ship from its depot, within twenty-four (24) hours of its arrival there for shipment, any milk, cream, or other dairy products left at that depot for transportation. (B) Railway and express companies and other common carriers shall provide and utilize sanitary ventilated rooms or canvas covers at depots or transfer points for the protection from extreme temperatures of all milk, cream, and ice cream received for shipment and not allow merchandise of a contaminating nature to be stored on or with the cream. (C) Truck route operators shall protect milk and cream from extreme temperatures and unsanitary conditions during transportation by proper covering and separation to prevent contamination from other transportation products; (10) Cans or Packers at Depot. To forbid and prevent milk or cream cans or ice cream packers to remain at a railroad or truck depot longer than forty-eight (48) hours from the date of their arrival, excepting individual farm shipments; (11) Branded Containers. (A) To forbid and prevent the use of any branded or registered cream can or milk can, ice cream, or frozen dessert packer or container for any other purpose than the handling, storing, or shipping of milk, cream, or frozen dessert. (B) It shall be unlawful for any person or carrier other than the rightful owner, except with written consent of the owner thereof, to use, transport, or deliver any milk or cream can, whether filled with cream or milk or empty, or frozen dessert container, whether filled with frozen dessert or empty, to other than the rightful owner if the receptacle is marked with the brand or trademark of the owner, the brand or trademark being registered according to law with the Secretary of State; (12) Alteration of Brand - Return of Containers. (A) To forbid and prevent any person other than the rightful owner thereof to in any way alter the mark or brand or ownership identification on any milk or cream can or other dairy receptacle without written consent of the owner. (B) Every person, firm, or corporation purchasing frozen desserts in cans and shipping bags which are to be returned to the manufacturer shall cause the cans to be washed and cleaned as soon as emptied, and the bags stored in a dry place, or returned at once; (13) Samples of Frozen Desserts. To take samples of frozen desserts, ice cream, or other frozen dairy products for official testing at the factory where desserts are frozen or from an unopened container of frozen desserts or other frozen dairy products, according to a method approved by the AOAC International or the American Dairy Science Association; (14) Containers Used for Other Purposes. To forbid and prevent the sale or storage of milk, cream, or other dairy products in milk or cream cans which have previously contained kerosene, gasoline, turpentine, oil, or products or byproducts of a similar nature; and (15) Dairy Product Definitions and Standards of Identity and Labeling Requirements. (A) To adopt the definitions and standards of identity for milk, milk products, cheeses, and frozen desserts found at 21 C.F.R., Parts 131, 133, and 135, and to adopt any amendments or additions made thereunder. The board may adopt definitions and standards of identity of milk products, cheeses, and frozen desserts if they are not found at 21 C.F.R. All packages enclosing milk, milk products, cheeses, and frozen desserts shall be labeled in accordance with the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, and regulations promulgated thereunder. (B) Provided, that the board shall not change, correct, adopt, or promulgate rules or other health code standards pertaining to the dairy industry of Arkansas, as defined in this section, until such changes have been reviewed by active Arkansas milk producers marketing agents, herein referred to as the "agents", and by the Arkansas Dairy Products Association, hereinafter referred to as the "association", in regular or especially called meetings of the agents and the association, or the governing bodies thereof. However, if meetings of the agents and the association are not held within thirty (30) days after a written notice by the board of intent to change, correct, adopt, or promulgate rules, the review of the agents and the association shall be deemed waived. (C) Notice as required by this subsection shall be given in writing by ordinary mail, or be hand delivered, to the agents and to the Director of the Arkansas Dairy Products Association. (D) The Secretary of the Department of Health or the board may change, correct, adopt, or promulgate rules pertaining to the dairy industry of Arkansas in times of emergency or natural disaster without notice to the agents and the association. (E) As used in this subchapter, the term "dairy industry of Arkansas" means Grade "A" milk plants, milk manufacturing plants, ice cream plants, milk producers, milk producer-distributors, milk haulers, milk distributors, dairy farms, receiving stations, and transfer stations. (b) Nothing in this subchapter shall be construed to deprive any city of the first class or city of the second class of any of its police powers now or hereafter granted. (c) Nothing in this section or in any other section of this subchapter shall be construed as authorizing or directing in any fashion the board to assume, to take over, or to discharge exclusively any of the functions and duties or responsibilities customarily performed by cities of the first class or cities of the second class, operating under and enforcing an ordinance approved by the Department of Health dealing with dairy or other sanitary milk inspection work or the bacteriological sampling of milk. (d) The duties discharged under the terms of this subchapter shall be discharged insofar as is practicable and reasonable in cooperation with the municipal authorities wherever such authorities exist. Amended by Act 2019, No. 315,§ 2193, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2192, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5054, eff. 7/1/2019. Acts 1941, No. 114, § 2; A.S.A. 1947, § 82-913; Acts 1989, No. 27, § 1.

(a) It shall be the duty of the State Board of Health of the Department of Health, and it is authorized and empowered through its constituted officers and agents as set out in this section, to perform the following acts. However, any aggrieved party shall have the right to apply to the circuit court in the county of his or her residence for a review of any summary action on the part of the board or its agents and for this purpose service of process upon the Secretary of the Department of Health at any place in this state shall constitute valid service in the application for review: (1) Inspection of Plants. To inspect or cause to be inspected, as often as may be deemed practicable, all dairy products plants or any other places where dairy products are produced, manufactured, frozen, processed, kept, handled, stored, or sold within this state; (2) Production and Sale Prohibited. To prohibit the production and sale of unclean, adulterated, unwholesome milk, cream, or other dairy products; (3) Condemnation for Food. To condemn for food purposes by denaturing with harmless coloring all unclean or unwholesome dairy products wherever they may find those products; (4) Samples. To take samples anywhere of any dairy products or imitation thereof and cause the samples to be analyzed or satisfactorily tested according to the method of the AOAC International in force at the time. The analyses or tests shall be preserved and recorded; (5) Right of Entry. To enter during business hours all dairy products plants or other places where dairy products are manufactured, produced, frozen, processed, stored, sold, or kept for sale or transportation in order to perform their official duties; (6) Price of Cream or Butterfat. (A) To require that no person, firm, corporation, or association shall buy or offer to buy cream or butterfat for butter-making purposes without displaying the price to be paid for cream or butterfat according to grade of cream. (B) The price shall be posted and displayed continuously during the business hours of the person, firm, or corporation buying cream, and the price, according to grade of cream, shall include all premiums and bonuses, if any, in letters and figures not less than two inches (2") in height in such manner or place so that the price posted shall be plainly visible from the street in front of the building or place in which the purchase is made. (C) It shall be deemed a violation hereof if there is: (i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or (ii) A buying of cream or butterfat at a price different from that which is posted. (D) All persons, firms, corporations, or associations, their agents, servants, or employees shall keep a record in their respective cream stations of the time and date on or at which changes in prices are made and posted. (E) However, nothing in this subdivision (a)(6) shall be construed as to forbid or prevent: (i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or (ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated; (7) Subpoenas. (A) To issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports, and records before the board or the Secretary of the Department of Health, in all cases where sufficient evidence of violation of this subchapter is filed with the Secretary of the Department of Health. The Secretary of the Department of Health shall have power to administer oaths with like effect as is done in courts of law in this state. (B) It shall be the duty of any circuit court or the judge thereof upon application to issue an attachment for the witnesses and compel their attendance before the board or the Secretary of the Department of Health, to give testimony upon such matters as shall be lawfully required by the official. The court or judge shall have power, in cases of refusal, to punish for contempt, as in other cases of refusal to obey the orders and process of the court; (8) Tests. (A) To test milk, cream, and other dairy products for the purpose of ascertaining the percentages of butterfat or other ingredients contained therein. (B) If the Secretary of the Department of Health or any of his or her deputies shall find upon testing that there is a variance of more than one percent (1%) of butterfat in a cream test or two-tenths of one percent (2/10 of 1%) in a milk test between his or her test and that made by any person engaged in buying or selling milk, cream, or other dairy products for the basis of payment, the Secretary of the Department of Health or deputy shall cause his or her test to be verified and substantiated by a recognized laboratory. If the chemist shall find that the test made by the Secretary of the Department of Health or deputy is correct, the test thus made and verified shall be admitted in evidence in all prosecutions for violation of this section. The Secretary of the Department of Health is authorized to recall and cancel the testor's permit of the person thus making false tests or to bring criminal action against the person, or both; (9) Carrier Regulations. (A) To forbid and prevent any common carrier to neglect or fail to remove or ship from its depot, within twenty-four (24) hours of its arrival there for shipment, any milk, cream, or other dairy products left at that depot for transportation. (B) Railway and express companies and other common carriers shall provide and utilize sanitary ventilated rooms or canvas covers at depots or transfer points for the protection from extreme temperatures of all milk, cream, and ice cream received for shipment and not allow merchandise of a contaminating nature to be stored on or with the cream. (C) Truck route operators shall protect milk and cream from extreme temperatures and unsanitary conditions during transportation by proper covering and separation to prevent contamination from other transportation products; (10) Cans or Packers at Depot. To forbid and prevent milk or cream cans or ice cream packers to remain at a railroad or truck depot longer than forty-eight (48) hours from the date of their arrival, excepting individual farm shipments; (11) Branded Containers. (A) To forbid and prevent the use of any branded or registered cream can or milk can, ice cream, or frozen dessert packer or container for any other purpose than the handling, storing, or shipping of milk, cream, or frozen dessert. (B) It shall be unlawful for any person or carrier other than the rightful owner, except with written consent of the owner thereof, to use, transport, or deliver any milk or cream can, whether filled with cream or milk or empty, or frozen dessert container, whether filled with frozen dessert or empty, to other than the rightful owner if the receptacle is marked with the brand or trademark of the owner, the brand or trademark being registered according to law with the Secretary of State; (12) Alteration of Brand - Return of Containers. (A) To forbid and prevent any person other than the rightful owner thereof to in any way alter the mark or brand or ownership identification on any milk or cream can or other dairy receptacle without written consent of the owner. (B) Every person, firm, or corporation purchasing frozen desserts in cans and shipping bags which are to be returned to the manufacturer shall cause the cans to be washed and cleaned as soon as emptied, and the bags stored in a dry place, or returned at once; (13) Samples of Frozen Desserts. To take samples of frozen desserts, ice cream, or other frozen dairy products for official testing at the factory where desserts are frozen or from an unopened container of frozen desserts or other frozen dairy products, according to a method approved by the AOAC International or the American Dairy Science Association; (14) Containers Used for Other Purposes. To forbid and prevent the sale or storage of milk, cream, or other dairy products in milk or cream cans which have previously contained kerosene, gasoline, turpentine, oil, or products or byproducts of a similar nature; and (15) Dairy Product Definitions and Standards of Identity and Labeling Requirements. (A) To adopt the definitions and standards of identity for milk, milk products, cheeses, and frozen desserts found at 21 C.F.R., Parts 131, 133, and 135, and to adopt any amendments or additions made thereunder. The board may adopt definitions and standards of identity of milk products, cheeses, and frozen desserts if they are not found at 21 C.F.R. All packages enclosing milk, milk products, cheeses, and frozen desserts shall be labeled in accordance with the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, and regulations promulgated thereunder. (B) Provided, that the board shall not change, correct, adopt, or promulgate rules or other health code standards pertaining to the dairy industry of Arkansas, as defined in this section, until such changes have been reviewed by active Arkansas milk producers marketing agents, herein referred to as the "agents", and by the Arkansas Dairy Products Association, hereinafter referred to as the "association", in regular or especially called meetings of the agents and the association, or the governing bodies thereof. However, if meetings of the agents and the association are not held within thirty (30) days after a written notice by the board of intent to change, correct, adopt, or promulgate rules, the review of the agents and the association shall be deemed waived. (C) Notice as required by this subsection shall be given in writing by ordinary mail, or be hand delivered, to the agents and to the Director of the Arkansas Dairy Products Association. (D) The Secretary of the Department of Health or the board may change, correct, adopt, or promulgate rules pertaining to the dairy industry of Arkansas in times of emergency or natural disaster without notice to the agents and the association. (E) As used in this subchapter, the term "dairy industry of Arkansas" means Grade "A" milk plants, milk manufacturing plants, ice cream plants, milk producers, milk producer-distributors, milk haulers, milk distributors, dairy farms, receiving stations, and transfer stations.

(1) Inspection of Plants. To inspect or cause to be inspected, as often as may be deemed practicable, all dairy products plants or any other places where dairy products are produced, manufactured, frozen, processed, kept, handled, stored, or sold within this state;

(2) Production and Sale Prohibited. To prohibit the production and sale of unclean, adulterated, unwholesome milk, cream, or other dairy products;

(3) Condemnation for Food. To condemn for food purposes by denaturing with harmless coloring all unclean or unwholesome dairy products wherever they may find those products;

(4) Samples. To take samples anywhere of any dairy products or imitation thereof and cause the samples to be analyzed or satisfactorily tested according to the method of the AOAC International in force at the time. The analyses or tests shall be preserved and recorded;

(5) Right of Entry. To enter during business hours all dairy products plants or other places where dairy products are manufactured, produced, frozen, processed, stored, sold, or kept for sale or transportation in order to perform their official duties;

(6) Price of Cream or Butterfat. (A) To require that no person, firm, corporation, or association shall buy or offer to buy cream or butterfat for butter-making purposes without displaying the price to be paid for cream or butterfat according to grade of cream. (B) The price shall be posted and displayed continuously during the business hours of the person, firm, or corporation buying cream, and the price, according to grade of cream, shall include all premiums and bonuses, if any, in letters and figures not less than two inches (2") in height in such manner or place so that the price posted shall be plainly visible from the street in front of the building or place in which the purchase is made. (C) It shall be deemed a violation hereof if there is: (i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or (ii) A buying of cream or butterfat at a price different from that which is posted. (D) All persons, firms, corporations, or associations, their agents, servants, or employees shall keep a record in their respective cream stations of the time and date on or at which changes in prices are made and posted. (E) However, nothing in this subdivision (a)(6) shall be construed as to forbid or prevent: (i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or (ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated;

(A) To require that no person, firm, corporation, or association shall buy or offer to buy cream or butterfat for butter-making purposes without displaying the price to be paid for cream or butterfat according to grade of cream.

(B) The price shall be posted and displayed continuously during the business hours of the person, firm, or corporation buying cream, and the price, according to grade of cream, shall include all premiums and bonuses, if any, in letters and figures not less than two inches (2") in height in such manner or place so that the price posted shall be plainly visible from the street in front of the building or place in which the purchase is made.

(C) It shall be deemed a violation hereof if there is: (i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or (ii) A buying of cream or butterfat at a price different from that which is posted.

(i) A failure on the part of the person, firm, corporation, or association, its agent, servant, or employee, to post the prices; or

(ii) A buying of cream or butterfat at a price different from that which is posted.

(D) All persons, firms, corporations, or associations, their agents, servants, or employees shall keep a record in their respective cream stations of the time and date on or at which changes in prices are made and posted.

(E) However, nothing in this subdivision (a)(6) shall be construed as to forbid or prevent: (i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or (ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated;

(i) Incorporated cooperative associations from paying annually earned patronage dividends according to the statutes and decrees under which they are organized; or

(ii) Corporations paying annual dividends according to the statutes and decrees under which they are incorporated;

(7) Subpoenas. (A) To issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports, and records before the board or the Secretary of the Department of Health, in all cases where sufficient evidence of violation of this subchapter is filed with the Secretary of the Department of Health. The Secretary of the Department of Health shall have power to administer oaths with like effect as is done in courts of law in this state. (B) It shall be the duty of any circuit court or the judge thereof upon application to issue an attachment for the witnesses and compel their attendance before the board or the Secretary of the Department of Health, to give testimony upon such matters as shall be lawfully required by the official. The court or judge shall have power, in cases of refusal, to punish for contempt, as in other cases of refusal to obey the orders and process of the court;

(A) To issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports, and records before the board or the Secretary of the Department of Health, in all cases where sufficient evidence of violation of this subchapter is filed with the Secretary of the Department of Health. The Secretary of the Department of Health shall have power to administer oaths with like effect as is done in courts of law in this state.

(B) It shall be the duty of any circuit court or the judge thereof upon application to issue an attachment for the witnesses and compel their attendance before the board or the Secretary of the Department of Health, to give testimony upon such matters as shall be lawfully required by the official. The court or judge shall have power, in cases of refusal, to punish for contempt, as in other cases of refusal to obey the orders and process of the court;

(8) Tests. (A) To test milk, cream, and other dairy products for the purpose of ascertaining the percentages of butterfat or other ingredients contained therein. (B) If the Secretary of the Department of Health or any of his or her deputies shall find upon testing that there is a variance of more than one percent (1%) of butterfat in a cream test or two-tenths of one percent (2/10 of 1%) in a milk test between his or her test and that made by any person engaged in buying or selling milk, cream, or other dairy products for the basis of payment, the Secretary of the Department of Health or deputy shall cause his or her test to be verified and substantiated by a recognized laboratory. If the chemist shall find that the test made by the Secretary of the Department of Health or deputy is correct, the test thus made and verified shall be admitted in evidence in all prosecutions for violation of this section. The Secretary of the Department of Health is authorized to recall and cancel the testor's permit of the person thus making false tests or to bring criminal action against the person, or both;

(A) To test milk, cream, and other dairy products for the purpose of ascertaining the percentages of butterfat or other ingredients contained therein.

(B) If the Secretary of the Department of Health or any of his or her deputies shall find upon testing that there is a variance of more than one percent (1%) of butterfat in a cream test or two-tenths of one percent (2/10 of 1%) in a milk test between his or her test and that made by any person engaged in buying or selling milk, cream, or other dairy products for the basis of payment, the Secretary of the Department of Health or deputy shall cause his or her test to be verified and substantiated by a recognized laboratory. If the chemist shall find that the test made by the Secretary of the Department of Health or deputy is correct, the test thus made and verified shall be admitted in evidence in all prosecutions for violation of this section. The Secretary of the Department of Health is authorized to recall and cancel the testor's permit of the person thus making false tests or to bring criminal action against the person, or both;

(9) Carrier Regulations. (A) To forbid and prevent any common carrier to neglect or fail to remove or ship from its depot, within twenty-four (24) hours of its arrival there for shipment, any milk, cream, or other dairy products left at that depot for transportation. (B) Railway and express companies and other common carriers shall provide and utilize sanitary ventilated rooms or canvas covers at depots or transfer points for the protection from extreme temperatures of all milk, cream, and ice cream received for shipment and not allow merchandise of a contaminating nature to be stored on or with the cream. (C) Truck route operators shall protect milk and cream from extreme temperatures and unsanitary conditions during transportation by proper covering and separation to prevent contamination from other transportation products;

(A) To forbid and prevent any common carrier to neglect or fail to remove or ship from its depot, within twenty-four (24) hours of its arrival there for shipment, any milk, cream, or other dairy products left at that depot for transportation.

(B) Railway and express companies and other common carriers shall provide and utilize sanitary ventilated rooms or canvas covers at depots or transfer points for the protection from extreme temperatures of all milk, cream, and ice cream received for shipment and not allow merchandise of a contaminating nature to be stored on or with the cream.

(C) Truck route operators shall protect milk and cream from extreme temperatures and unsanitary conditions during transportation by proper covering and separation to prevent contamination from other transportation products;

(10) Cans or Packers at Depot. To forbid and prevent milk or cream cans or ice cream packers to remain at a railroad or truck depot longer than forty-eight (48) hours from the date of their arrival, excepting individual farm shipments;

(11) Branded Containers. (A) To forbid and prevent the use of any branded or registered cream can or milk can, ice cream, or frozen dessert packer or container for any other purpose than the handling, storing, or shipping of milk, cream, or frozen dessert. (B) It shall be unlawful for any person or carrier other than the rightful owner, except with written consent of the owner thereof, to use, transport, or deliver any milk or cream can, whether filled with cream or milk or empty, or frozen dessert container, whether filled with frozen dessert or empty, to other than the rightful owner if the receptacle is marked with the brand or trademark of the owner, the brand or trademark being registered according to law with the Secretary of State;

(A) To forbid and prevent the use of any branded or registered cream can or milk can, ice cream, or frozen dessert packer or container for any other purpose than the handling, storing, or shipping of milk, cream, or frozen dessert.

(B) It shall be unlawful for any person or carrier other than the rightful owner, except with written consent of the owner thereof, to use, transport, or deliver any milk or cream can, whether filled with cream or milk or empty, or frozen dessert container, whether filled with frozen dessert or empty, to other than the rightful owner if the receptacle is marked with the brand or trademark of the owner, the brand or trademark being registered according to law with the Secretary of State;

(12) Alteration of Brand - Return of Containers. (A) To forbid and prevent any person other than the rightful owner thereof to in any way alter the mark or brand or ownership identification on any milk or cream can or other dairy receptacle without written consent of the owner. (B) Every person, firm, or corporation purchasing frozen desserts in cans and shipping bags which are to be returned to the manufacturer shall cause the cans to be washed and cleaned as soon as emptied, and the bags stored in a dry place, or returned at once;

(A) To forbid and prevent any person other than the rightful owner thereof to in any way alter the mark or brand or ownership identification on any milk or cream can or other dairy receptacle without written consent of the owner.

(B) Every person, firm, or corporation purchasing frozen desserts in cans and shipping bags which are to be returned to the manufacturer shall cause the cans to be washed and cleaned as soon as emptied, and the bags stored in a dry place, or returned at once;

(13) Samples of Frozen Desserts. To take samples of frozen desserts, ice cream, or other frozen dairy products for official testing at the factory where desserts are frozen or from an unopened container of frozen desserts or other frozen dairy products, according to a method approved by the AOAC International or the American Dairy Science Association;

(14) Containers Used for Other Purposes. To forbid and prevent the sale or storage of milk, cream, or other dairy products in milk or cream cans which have previously contained kerosene, gasoline, turpentine, oil, or products or byproducts of a similar nature; and

(15) Dairy Product Definitions and Standards of Identity and Labeling Requirements. (A) To adopt the definitions and standards of identity for milk, milk products, cheeses, and frozen desserts found at 21 C.F.R., Parts 131, 133, and 135, and to adopt any amendments or additions made thereunder. The board may adopt definitions and standards of identity of milk products, cheeses, and frozen desserts if they are not found at 21 C.F.R. All packages enclosing milk, milk products, cheeses, and frozen desserts shall be labeled in accordance with the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, and regulations promulgated thereunder. (B) Provided, that the board shall not change, correct, adopt, or promulgate rules or other health code standards pertaining to the dairy industry of Arkansas, as defined in this section, until such changes have been reviewed by active Arkansas milk producers marketing agents, herein referred to as the "agents", and by the Arkansas Dairy Products Association, hereinafter referred to as the "association", in regular or especially called meetings of the agents and the association, or the governing bodies thereof. However, if meetings of the agents and the association are not held within thirty (30) days after a written notice by the board of intent to change, correct, adopt, or promulgate rules, the review of the agents and the association shall be deemed waived. (C) Notice as required by this subsection shall be given in writing by ordinary mail, or be hand delivered, to the agents and to the Director of the Arkansas Dairy Products Association. (D) The Secretary of the Department of Health or the board may change, correct, adopt, or promulgate rules pertaining to the dairy industry of Arkansas in times of emergency or natural disaster without notice to the agents and the association. (E) As used in this subchapter, the term "dairy industry of Arkansas" means Grade "A" milk plants, milk manufacturing plants, ice cream plants, milk producers, milk producer-distributors, milk haulers, milk distributors, dairy farms, receiving stations, and transfer stations.

(A) To adopt the definitions and standards of identity for milk, milk products, cheeses, and frozen desserts found at 21 C.F.R., Parts 131, 133, and 135, and to adopt any amendments or additions made thereunder. The board may adopt definitions and standards of identity of milk products, cheeses, and frozen desserts if they are not found at 21 C.F.R. All packages enclosing milk, milk products, cheeses, and frozen desserts shall be labeled in accordance with the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, and regulations promulgated thereunder.

(B) Provided, that the board shall not change, correct, adopt, or promulgate rules or other health code standards pertaining to the dairy industry of Arkansas, as defined in this section, until such changes have been reviewed by active Arkansas milk producers marketing agents, herein referred to as the "agents", and by the Arkansas Dairy Products Association, hereinafter referred to as the "association", in regular or especially called meetings of the agents and the association, or the governing bodies thereof. However, if meetings of the agents and the association are not held within thirty (30) days after a written notice by the board of intent to change, correct, adopt, or promulgate rules, the review of the agents and the association shall be deemed waived.

(C) Notice as required by this subsection shall be given in writing by ordinary mail, or be hand delivered, to the agents and to the Director of the Arkansas Dairy Products Association.

(D) The Secretary of the Department of Health or the board may change, correct, adopt, or promulgate rules pertaining to the dairy industry of Arkansas in times of emergency or natural disaster without notice to the agents and the association.

(E) As used in this subchapter, the term "dairy industry of Arkansas" means Grade "A" milk plants, milk manufacturing plants, ice cream plants, milk producers, milk producer-distributors, milk haulers, milk distributors, dairy farms, receiving stations, and transfer stations.

(b) Nothing in this subchapter shall be construed to deprive any city of the first class or city of the second class of any of its police powers now or hereafter granted.

(c) Nothing in this section or in any other section of this subchapter shall be construed as authorizing or directing in any fashion the board to assume, to take over, or to discharge exclusively any of the functions and duties or responsibilities customarily performed by cities of the first class or cities of the second class, operating under and enforcing an ordinance approved by the Department of Health dealing with dairy or other sanitary milk inspection work or the bacteriological sampling of milk.

(d) The duties discharged under the terms of this subchapter shall be discharged insofar as is practicable and reasonable in cooperation with the municipal authorities wherever such authorities exist.

Amended by Act 2019, No. 315,§ 2193, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2192, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5054, eff. 7/1/2019.

Acts 1941, No. 114, § 2; A.S.A. 1947, § 82-913; Acts 1989, No. 27, § 1.
Ark. Code Ann. § 20-22-703 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-703
Other exceptions
Status: in_force

(a) (1) Nothing in this subchapter shall be construed as applying to the: (A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use; (B) Military or naval forces of the United States or of this state or to peace officers; (C) Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or (D) Transportation, sale, or use of permissible fireworks as defined in § 20-22-708 or special fireworks as defined in § 20-22-701 solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the State Fire Marshal. (2) No permit for use of fireworks for agricultural purposes shall be issued by the State Fire Marshal except after approval of the county agricultural agent of the county in which the fireworks are to be used. (3) (A) All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder. (B) The permits and fireworks shall not be transferable. (b) Any person holding a permit to purchase and use fireworks for agricultural or industrial purposes as provided in this section who shall sell, give away, or otherwise transfer the fireworks to another or shall use or permit the use of the fireworks for any purpose other than agricultural or industrial purposes as stated on the permit shall be in violation of this subchapter and subject to the penalties provided for in § 20-22-705 . Amended by Act 2023, No. 841,§ 35, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 34, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6012, eff. 7/1/2019. Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709; Acts 2005, No. 1994, § 121.

(a) (1) Nothing in this subchapter shall be construed as applying to the: (A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use; (B) Military or naval forces of the United States or of this state or to peace officers; (C) Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or (D) Transportation, sale, or use of permissible fireworks as defined in § 20-22-708 or special fireworks as defined in § 20-22-701 solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the State Fire Marshal. (2) No permit for use of fireworks for agricultural purposes shall be issued by the State Fire Marshal except after approval of the county agricultural agent of the county in which the fireworks are to be used. (3) (A) All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder. (B) The permits and fireworks shall not be transferable.

(1) Nothing in this subchapter shall be construed as applying to the: (A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use; (B) Military or naval forces of the United States or of this state or to peace officers; (C) Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or (D) Transportation, sale, or use of permissible fireworks as defined in § 20-22-708 or special fireworks as defined in § 20-22-701 solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the State Fire Marshal.

(A) Manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use;

(B) Military or naval forces of the United States or of this state or to peace officers;

(C) Sale or use of blank cartridges for ceremonial, theatrical, or athletic events; or

(D) Transportation, sale, or use of permissible fireworks as defined in § 20-22-708 or special fireworks as defined in § 20-22-701 solely for agricultural or industrial purposes, provided that the purchaser first secures a written permit to purchase and use the fireworks for agricultural or industrial purposes from the State Fire Marshal.

(2) No permit for use of fireworks for agricultural purposes shall be issued by the State Fire Marshal except after approval of the county agricultural agent of the county in which the fireworks are to be used.

(3) (A) All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder. (B) The permits and fireworks shall not be transferable.

(A) All fireworks purchased under permit as authorized in this section for agricultural or industrial purposes shall at all times be kept in the possession of the permit holder.

(B) The permits and fireworks shall not be transferable.

(b) Any person holding a permit to purchase and use fireworks for agricultural or industrial purposes as provided in this section who shall sell, give away, or otherwise transfer the fireworks to another or shall use or permit the use of the fireworks for any purpose other than agricultural or industrial purposes as stated on the permit shall be in violation of this subchapter and subject to the penalties provided for in § 20-22-705 .

Amended by Act 2023, No. 841,§ 35, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 34, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6012, eff. 7/1/2019.

Acts 1961, No. 224, § 9; 1963, No. 34, § 1; A.S.A. 1947, § 82-1709; Acts 2005, No. 1994, § 121.
Ark. Code Ann. § 20-10-1602 — AR Code / Title 20 / Chapter 10 / Subchapter 16 / Section 20-10-1602
Calculation of quality assurance fee
Status: in_force

(a) There is levied a quality assurance fee on nursing facilities to be calculated in accordance with subsection (b) of this section. (b) (1) The quality assurance fee shall be an amount determined each month by multiplying the patient days, as reported by each nursing facility for each day of the month, by the multiplier. (2) Each multiplier shall be: (A) Calculated by the Division of Medical Services to produce an aggregate annual quality assurance fee payment equal to six percent (6%) of the aggregate annual gross receipts; and (B) Subject to prospective adjustment as necessary for annual aggregate quality assurance payments to equal six percent (6%) of the aggregate annual gross receipts. (c) (1) Between March 9, 2001, and June 30, 2001, the multiplier shall be five dollars and twenty-five cents ($5.25). (2) (A) On and after July 1, 2001, and annually thereafter, the multiplier shall be determined using the patient days and gross receipts reported to the division for a period of at least six (6) months and shall be annualized. (B) The division shall determine the six-month period to be used in order to calculate the multiplier. Acts 2001, No. 635, § 2.

(a) There is levied a quality assurance fee on nursing facilities to be calculated in accordance with subsection (b) of this section.

(b) (1) The quality assurance fee shall be an amount determined each month by multiplying the patient days, as reported by each nursing facility for each day of the month, by the multiplier. (2) Each multiplier shall be: (A) Calculated by the Division of Medical Services to produce an aggregate annual quality assurance fee payment equal to six percent (6%) of the aggregate annual gross receipts; and (B) Subject to prospective adjustment as necessary for annual aggregate quality assurance payments to equal six percent (6%) of the aggregate annual gross receipts.

(1) The quality assurance fee shall be an amount determined each month by multiplying the patient days, as reported by each nursing facility for each day of the month, by the multiplier.

(2) Each multiplier shall be: (A) Calculated by the Division of Medical Services to produce an aggregate annual quality assurance fee payment equal to six percent (6%) of the aggregate annual gross receipts; and (B) Subject to prospective adjustment as necessary for annual aggregate quality assurance payments to equal six percent (6%) of the aggregate annual gross receipts.

(A) Calculated by the Division of Medical Services to produce an aggregate annual quality assurance fee payment equal to six percent (6%) of the aggregate annual gross receipts; and

(B) Subject to prospective adjustment as necessary for annual aggregate quality assurance payments to equal six percent (6%) of the aggregate annual gross receipts.

(c) (1) Between March 9, 2001, and June 30, 2001, the multiplier shall be five dollars and twenty-five cents ($5.25). (2) (A) On and after July 1, 2001, and annually thereafter, the multiplier shall be determined using the patient days and gross receipts reported to the division for a period of at least six (6) months and shall be annualized. (B) The division shall determine the six-month period to be used in order to calculate the multiplier.

(1) Between March 9, 2001, and June 30, 2001, the multiplier shall be five dollars and twenty-five cents ($5.25).

(2) (A) On and after July 1, 2001, and annually thereafter, the multiplier shall be determined using the patient days and gross receipts reported to the division for a period of at least six (6) months and shall be annualized. (B) The division shall determine the six-month period to be used in order to calculate the multiplier.

(A) On and after July 1, 2001, and annually thereafter, the multiplier shall be determined using the patient days and gross receipts reported to the division for a period of at least six (6) months and shall be annualized.

(B) The division shall determine the six-month period to be used in order to calculate the multiplier.

Acts 2001, No. 635, § 2.
Ark. Code Ann. § 20-37-102 — AR Code / Title 20 / Chapter 37 / Section 20-37-102
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015. Acts 2003, No. 1816, § 1; 2003 (2nd Ex. Sess.), No. 51, § 1.

Repealed by Act 2015, No. 1157,§ 3, eff. 7/22/2015.

Acts 2003, No. 1816, § 1; 2003 (2nd Ex. Sess.), No. 51, § 1.
Ark. Code Ann. § 20-18-406 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-406
New certificates
Status: in_force

(a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following: (1) A certificate of adoption as provided in § 9-9-219 , or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or (2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate. (b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under § 9-9-803 . (c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule. (d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule. (e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth. (f) (1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following: (A) A certificate of adoption as provided in § 9-9-219 ; (B) Proof of the date and place of the adopted child's birth; and (C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older. (2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law. (3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued. (g) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in § 20-18-402 or § 20-18-403 before a new certificate of birth is established. The new certificate of birth shall be prepared on the delayed birth certificate form. (h) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct. Amended by Act 2019, No. 315,§ 1973, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1972, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1971, eff. 7/24/2019. Amended by Act 2017, No. 519,§ 3, eff. 8/1/2017. Acts 1981, No. 120, § 12; 1985, No. 351, § 2; A.S.A. 1947, § 82-512; Acts 1987, No. 219, § 1; 1995, No. 1254, § 21.

(a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following: (1) A certificate of adoption as provided in § 9-9-219 , or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or (2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.

(1) A certificate of adoption as provided in § 9-9-219 , or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or

(2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.

(b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under § 9-9-803 .

(c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule.

(d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.

(e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth.

(f) (1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following: (A) A certificate of adoption as provided in § 9-9-219 ; (B) Proof of the date and place of the adopted child's birth; and (C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older. (2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law. (3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued.

(1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following: (A) A certificate of adoption as provided in § 9-9-219 ; (B) Proof of the date and place of the adopted child's birth; and (C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older.

(A) A certificate of adoption as provided in § 9-9-219 ;

(B) Proof of the date and place of the adopted child's birth; and

(C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older.

(2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law.

(3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued.

(g) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in § 20-18-402 or § 20-18-403 before a new certificate of birth is established. The new certificate of birth shall be prepared on the delayed birth certificate form.

(h) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct.

Amended by Act 2019, No. 315,§ 1973, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1972, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1971, eff. 7/24/2019.

Amended by Act 2017, No. 519,§ 3, eff. 8/1/2017.

Acts 1981, No. 120, § 12; 1985, No. 351, § 2; A.S.A. 1947, § 82-512; Acts 1987, No. 219, § 1; 1995, No. 1254, § 21.
Ark. Code Ann. § 20-36-101 — AR Code / Title 20 / Chapter 36 / Section 20-36-101
Purpose
Status: in_force

(a) The Department of Health shall establish and administer a program for the registration of biological agents. (b) The biological agent registry shall identify the biological agents possessed and maintained by any person in this state and shall contain other information required under rules adopted by the department. Acts 2003, No. 1080, § 1.

(a) The Department of Health shall establish and administer a program for the registration of biological agents.

(b) The biological agent registry shall identify the biological agents possessed and maintained by any person in this state and shall contain other information required under rules adopted by the department.

Acts 2003, No. 1080, § 1.
Ark. Code Ann. § 20-10-212 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-212
Appeal from denial, suspension, or revocation of license
Status: in_force

(a) Any applicant or licensee who is aggrieved by any decision of the Office of Long-Term Care with respect to the denial, suspension, or revocation of any long-term care facility license or long-term care facility administrator license or other final decision of the office with respect to standards of construction, operation, or maintenance of long-term care facilities or long-term care facility personnel or employees may appeal within thirty (30) days the decision of the office to the Pulaski County Circuit Court or to the circuit court of any county in which the applicant or licensee resides or does business. (b) Pending determination of the matter on appeal, the status quo of the applicant or licensee shall be preserved. Acts 1969, No. 58, § 12; A.S.A. 1947, § 82-2212; Acts 1991, No. 636, § 1.

(a) Any applicant or licensee who is aggrieved by any decision of the Office of Long-Term Care with respect to the denial, suspension, or revocation of any long-term care facility license or long-term care facility administrator license or other final decision of the office with respect to standards of construction, operation, or maintenance of long-term care facilities or long-term care facility personnel or employees may appeal within thirty (30) days the decision of the office to the Pulaski County Circuit Court or to the circuit court of any county in which the applicant or licensee resides or does business.

(b) Pending determination of the matter on appeal, the status quo of the applicant or licensee shall be preserved.

Acts 1969, No. 58, § 12; A.S.A. 1947, § 82-2212; Acts 1991, No. 636, § 1.
Ark. Code Ann. § 20-56-211 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-211
Misbranded drug or device
Status: in_force

A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision (11) of this section, the label shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor thereof; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules prescribed by the State Board of Health; (3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If it is for use by humans and contains any quantity of narcotic or hypnotic substance, alpha-sucaine, barbituric acid, beta-sucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substances, which derivative has been designated as habit-forming by regulations promulgated under § 502(d) [repealed] of the Federal Food, Drug, and Cosmetic Act unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning - May be habit-forming"; (5) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears: (A) The common or usual name of the drug, if there is any; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, stophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein. However, to the extent that compliance with the requirements of this subdivision (5)(B) is impracticable, exemptions shall be established by rules promulgated by the board; (6) Unless its labeling bears: (A) Adequate directions for use; and (B) Such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users. However, where any requirement of subdivision (6)(A) of this section as applied to any drug or device is not necessary for the protection of the public health, the board shall promulgate rules exempting the drug or device from the requirements; (7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein. However, the method of packing may be modified with the consent of the board. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ; (8) If it has been found by the board to be a drug liable to deterioration, unless it is packaged in such form and manner and its label bears a statement of such precautions as the board shall by rule require as necessary for the protection of public health. No such rules shall be established for any drug recognized in an official compendium until the board shall have informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and the body shall have failed within a reasonable time to prescribe the requirements; (9) (A) If it is a drug and its container is so made, formed, or filled as to be misleading. (B) If it is an imitation of another drug. (C) If it is offered for sale under the name of another drug; (10) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof; or (11) If it is a drug other than those covered by Acts 1951, No. 184 [repealed], and intended for use by humans which: (A) Is a habit-forming drug to which subdivision (4) of this section applies; (B) Because of its toxicity or other potentiality for harmful effect, or the method of use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a physician, dentist, or veterinarian; or (C) Is limited by an effective application under § 505 [repealed] of the Federal Food, Drug, and Cosmetic Act to use under professional supervision by a physician, dentist, or veterinarian unless it is dispensed only: (i) Upon a written prescription of a physician, dentist, or veterinarian; or (ii) (a) By refilling a written or oral prescription if the refilling is authorized by the prescriber. (b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing: (1) The name and address of the dispenser; (2) The serial number and date of the prescription or its filling; (3) The name of the prescriber; (4) If stated in the prescription, the name of the patient; and (5) The directions for use and cautionary statements, if any, contained in the prescription. (c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail. Amended by Act 2019, No. 315,§ 2169, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2168, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2167, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2166, eff. 7/24/2019. Amended by Act 2013, No. 1331,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1331,§ 2, eff. 8/16/2013. Acts 1953, No. 415, § 15; 1977, No. 938, § 1; A.S.A. 1947, § 82-1115.

A drug or device shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision (11) of this section, the label shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor thereof; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules prescribed by the State Board of Health;

(A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision (11) of this section, the label shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor thereof; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules prescribed by the State Board of Health;

(3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(4) If it is for use by humans and contains any quantity of narcotic or hypnotic substance, alpha-sucaine, barbituric acid, beta-sucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substances, which derivative has been designated as habit-forming by regulations promulgated under § 502(d) [repealed] of the Federal Food, Drug, and Cosmetic Act unless its label bears the name and quantity or proportion of the substance or derivative and in juxtaposition therewith the statement "Warning - May be habit-forming";

(5) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears: (A) The common or usual name of the drug, if there is any; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, stophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein. However, to the extent that compliance with the requirements of this subdivision (5)(B) is impracticable, exemptions shall be established by rules promulgated by the board;

(A) The common or usual name of the drug, if there is any; and

(B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, glucosides, mercury, ouabain, stophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein. However, to the extent that compliance with the requirements of this subdivision (5)(B) is impracticable, exemptions shall be established by rules promulgated by the board;

(6) Unless its labeling bears: (A) Adequate directions for use; and (B) Such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users. However, where any requirement of subdivision (6)(A) of this section as applied to any drug or device is not necessary for the protection of the public health, the board shall promulgate rules exempting the drug or device from the requirements;

(A) Adequate directions for use; and

(B) Such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users. However, where any requirement of subdivision (6)(A) of this section as applied to any drug or device is not necessary for the protection of the public health, the board shall promulgate rules exempting the drug or device from the requirements;

(7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein. However, the method of packing may be modified with the consent of the board. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States , it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia ;

(8) If it has been found by the board to be a drug liable to deterioration, unless it is packaged in such form and manner and its label bears a statement of such precautions as the board shall by rule require as necessary for the protection of public health. No such rules shall be established for any drug recognized in an official compendium until the board shall have informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements and the body shall have failed within a reasonable time to prescribe the requirements;

(9) (A) If it is a drug and its container is so made, formed, or filled as to be misleading. (B) If it is an imitation of another drug. (C) If it is offered for sale under the name of another drug;

(A) If it is a drug and its container is so made, formed, or filled as to be misleading.

(B) If it is an imitation of another drug.

(C) If it is offered for sale under the name of another drug;

(10) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof; or

(11) If it is a drug other than those covered by Acts 1951, No. 184 [repealed], and intended for use by humans which: (A) Is a habit-forming drug to which subdivision (4) of this section applies; (B) Because of its toxicity or other potentiality for harmful effect, or the method of use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a physician, dentist, or veterinarian; or (C) Is limited by an effective application under § 505 [repealed] of the Federal Food, Drug, and Cosmetic Act to use under professional supervision by a physician, dentist, or veterinarian unless it is dispensed only: (i) Upon a written prescription of a physician, dentist, or veterinarian; or (ii) (a) By refilling a written or oral prescription if the refilling is authorized by the prescriber. (b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing: (1) The name and address of the dispenser; (2) The serial number and date of the prescription or its filling; (3) The name of the prescriber; (4) If stated in the prescription, the name of the patient; and (5) The directions for use and cautionary statements, if any, contained in the prescription. (c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail.

(A) Is a habit-forming drug to which subdivision (4) of this section applies;

(B) Because of its toxicity or other potentiality for harmful effect, or the method of use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a physician, dentist, or veterinarian; or

(C) Is limited by an effective application under § 505 [repealed] of the Federal Food, Drug, and Cosmetic Act to use under professional supervision by a physician, dentist, or veterinarian unless it is dispensed only: (i) Upon a written prescription of a physician, dentist, or veterinarian; or (ii) (a) By refilling a written or oral prescription if the refilling is authorized by the prescriber. (b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing: (1) The name and address of the dispenser; (2) The serial number and date of the prescription or its filling; (3) The name of the prescriber; (4) If stated in the prescription, the name of the patient; and (5) The directions for use and cautionary statements, if any, contained in the prescription. (c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail.

(i) Upon a written prescription of a physician, dentist, or veterinarian; or

(ii) (a) By refilling a written or oral prescription if the refilling is authorized by the prescriber. (b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing: (1) The name and address of the dispenser; (2) The serial number and date of the prescription or its filling; (3) The name of the prescriber; (4) If stated in the prescription, the name of the patient; and (5) The directions for use and cautionary statements, if any, contained in the prescription. (c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail.

(a) By refilling a written or oral prescription if the refilling is authorized by the prescriber.

(b) However, a drug dispensed by filling or refilling a written prescription of a physician, dentist, or veterinarian is exempt from the requirements of this section except subdivisions (1) and (9) of this section if the drug bears a label containing: (1) The name and address of the dispenser; (2) The serial number and date of the prescription or its filling; (3) The name of the prescriber; (4) If stated in the prescription, the name of the patient; and (5) The directions for use and cautionary statements, if any, contained in the prescription.

(1) The name and address of the dispenser;

(2) The serial number and date of the prescription or its filling;

(3) The name of the prescriber;

(4) If stated in the prescription, the name of the patient; and

(5) The directions for use and cautionary statements, if any, contained in the prescription.

(c) This exemption does not apply to a drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail.

Amended by Act 2019, No. 315,§ 2169, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2168, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2167, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2166, eff. 7/24/2019.

Amended by Act 2013, No. 1331,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1331,§ 2, eff. 8/16/2013.

Acts 1953, No. 415, § 15; 1977, No. 938, § 1; A.S.A. 1947, § 82-1115.
Ark. Code Ann. § 20-77-1804 — AR Code / Title 20 / Chapter 77 / Subchapter 18 / Section 20-77-1804
Applicability
Status: in_force

This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005, § 23-97-301 et seq. Acts 2007, No. 99, § 1.

This subchapter does not supersede the obligations under the Long-Term Care Insurance Act of 2005, § 23-97-301 et seq.

Acts 2007, No. 99, § 1.
Ark. Code Ann. § 20-17-1008 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1008
Permit - Application
Status: in_force

(a) (1) Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the cemetery company proposing to make application shall publish weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county. (2) The publication described in subdivision (a)(1) of this section shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board. (b) (1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board. (2) The application shall describe accurately the location and boundaries of the proposed cemetery or extension. (3) The application shall be accompanied by: (A) (i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. (ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ; (B) A fee of: (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery; (C) (i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land. (ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery; (D) A set of rules and regulations for the use, care, management, and protection of the cemetery; (E) The proposed method of establishing a permanent maintenance fund; (F) Proof of publication as stated in subsection (a) of this section of the required notice of intention to apply with the board; (G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension; (H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit; (I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually; (J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit; and (K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles that reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth. (4) Any other evidence that would tend to show a public need for the proposed cemetery or extension, such as a petition from landowners in the county who believe that a need exists for an additional cemetery or extension, may be included with the application. (5) The burden of establishing public need shall be upon the applicant. (c) An application shall be made under oath and filed with the board not less than twenty (20) days before the board meeting at which the application is to be considered. (d) (1) The cemetery company applying for a permit shall designate an individual who is responsible for the application. (2) The individual designated under subdivision (d)(1) of this section shall undergo and pass a state criminal background check conducted by the Identification Bureau of the Division of Arkansas State Police. (3) The board may charge and collect a processing fee in the amount necessary to recover the cost imposed by the Identification Bureau of the Division of Arkansas State Police for the state criminal background check. (e) The board may require a cemetery company to submit additional information as the board may by rule or order prescribe. (f) The board may for good cause waive all or part of an application requirement of this section if an applicant is a state, city, or municipal government, or a nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3) . Amended by Act 2021, No. 731,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 37, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 36, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 3, eff. 8/16/2013. Acts 1977, No. 352, §§ 6-8; A.S.A. 1947, §§ 82-426.6 -- 82-426.8; Acts 1997, No. 295, § 4; 2005, No. 2169, § 1.

(a) (1) Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the cemetery company proposing to make application shall publish weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county. (2) The publication described in subdivision (a)(1) of this section shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board.

(1) Before making application to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a permit to establish and operate a new cemetery or for the extension of the boundaries of an existing cemetery, the cemetery company proposing to make application shall publish weekly for three (3) weeks in a newspaper of general circulation in the county in which the proposed cemetery is located a notice that an application will be filed with the board to establish or extend the boundaries of a cemetery in the county.

(2) The publication described in subdivision (a)(1) of this section shall contain a legal description of the land to be used as a cemetery and a statement that any individual or group of individuals desiring to protest the establishment or extension of the cemetery may do so by filing a statement in writing with the board.

(b) (1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board. (2) The application shall describe accurately the location and boundaries of the proposed cemetery or extension. (3) The application shall be accompanied by: (A) (i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. (ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ; (B) A fee of: (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery; (C) (i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land. (ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery; (D) A set of rules and regulations for the use, care, management, and protection of the cemetery; (E) The proposed method of establishing a permanent maintenance fund; (F) Proof of publication as stated in subsection (a) of this section of the required notice of intention to apply with the board; (G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension; (H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit; (I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually; (J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit; and (K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles that reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth. (4) Any other evidence that would tend to show a public need for the proposed cemetery or extension, such as a petition from landowners in the county who believe that a need exists for an additional cemetery or extension, may be included with the application. (5) The burden of establishing public need shall be upon the applicant.

(1) Whenever it is proposed to locate a new cemetery or extend the boundaries of an existing cemetery under this subchapter, then the cemetery company so proposing shall file an application for the issuance of a permit with the board.

(2) The application shall describe accurately the location and boundaries of the proposed cemetery or extension.

(3) The application shall be accompanied by: (A) (i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. (ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ; (B) A fee of: (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery; (C) (i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land. (ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery; (D) A set of rules and regulations for the use, care, management, and protection of the cemetery; (E) The proposed method of establishing a permanent maintenance fund; (F) Proof of publication as stated in subsection (a) of this section of the required notice of intention to apply with the board; (G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension; (H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit; (I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually; (J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit; and (K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles that reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth.

(A) (i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality. (ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ;

(i) The recommendation of the mayor or governing official of the municipality if the cemetery is located or is to be located within the corporate limits of a municipality or the recommendation of the county judge of the county within which the cemetery is to be located if outside the corporate limits of a municipality.

(ii) The recommendation described in subdivision (b)(3)(A)(i) of this section shall: (a) State the need and desirability of the proposed cemetery or extension; and (b) Be in lieu of the application and permit required in § 20-17-903 ;

(a) State the need and desirability of the proposed cemetery or extension; and

(b) Be in lieu of the application and permit required in § 20-17-903 ;

(B) A fee of: (i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or (ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery;

(i) One thousand five hundred dollars ($1,500) for filing an application for a new cemetery; or

(ii) Four hundred dollars ($400) for filing an application to extend the boundaries of an existing cemetery;

(C) (i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land. (ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery;

(i) Except as provided in subdivision (b)(3)(C)(ii), a survey and map of the cemetery or extension reflecting at least ten (10) acres of land.

(ii) An existing cemetery that consists of less than ten (10) acres of land on or before January 1, 2021, is not required to have ten (10) acres of land but shall submit a survey and map of the cemetery or extension of the existing cemetery;

(D) A set of rules and regulations for the use, care, management, and protection of the cemetery;

(E) The proposed method of establishing a permanent maintenance fund;

(F) Proof of publication as stated in subsection (a) of this section of the required notice of intention to apply with the board;

(G) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the applicant has or will have good and merchantable title to the land covered by the permit or extension;

(H) A notarized statement disclosing any current or future lien or mortgage on the land covered by the permit;

(I) A notarized statement from any current or future lienholder or mortgage holder on the land covered by the permit or extension that all paid-in-full burial spaces will be released from the lien or mortgage at least semi-annually;

(J) A copy of the perpetual care trust agreement if the application is for a new cemetery permit; and

(K) A current balance sheet of the applicant prepared by an independent certified public accountant in accordance with generally accepted accounting principles that reflects that the applicant has a minimum of twenty thousand dollars ($20,000) net worth.

(4) Any other evidence that would tend to show a public need for the proposed cemetery or extension, such as a petition from landowners in the county who believe that a need exists for an additional cemetery or extension, may be included with the application.

(5) The burden of establishing public need shall be upon the applicant.

(c) An application shall be made under oath and filed with the board not less than twenty (20) days before the board meeting at which the application is to be considered.

(d) (1) The cemetery company applying for a permit shall designate an individual who is responsible for the application. (2) The individual designated under subdivision (d)(1) of this section shall undergo and pass a state criminal background check conducted by the Identification Bureau of the Division of Arkansas State Police. (3) The board may charge and collect a processing fee in the amount necessary to recover the cost imposed by the Identification Bureau of the Division of Arkansas State Police for the state criminal background check.

(1) The cemetery company applying for a permit shall designate an individual who is responsible for the application.

(2) The individual designated under subdivision (d)(1) of this section shall undergo and pass a state criminal background check conducted by the Identification Bureau of the Division of Arkansas State Police.

(3) The board may charge and collect a processing fee in the amount necessary to recover the cost imposed by the Identification Bureau of the Division of Arkansas State Police for the state criminal background check.

(e) The board may require a cemetery company to submit additional information as the board may by rule or order prescribe.

(f) The board may for good cause waive all or part of an application requirement of this section if an applicant is a state, city, or municipal government, or a nonprofit organization as defined by the Internal Revenue Code, 26 U.S.C. § 501(c)(3) .

Amended by Act 2021, No. 731,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 37, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 36, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 3, eff. 8/16/2013.

Acts 1977, No. 352, §§ 6-8; A.S.A. 1947, §§ 82-426.6 -- 82-426.8; Acts 1997, No. 295, § 4; 2005, No. 2169, § 1.
Ark. Code Ann. § 20-47-805 — AR Code / Title 20 / Chapter 47 / Subchapter 8 / Section 20-47-805
Establishment of crisis intervention teams
Status: in_force

(a) As part of a crisis intervention protocol established under this subchapter, a law enforcement agency or community mental health center, as a participating partner, is authorized to establish a crisis intervention team or multiple crisis intervention teams to provide psychiatric emergency services and triage and referral services for individuals with a behavioral health impairment who demonstrate substantial likelihood of committing bodily harm against themselves or against another person as a more humane alternative to confinement in a jail. (b) A crisis intervention team shall have at least one (1) designated hospital or community mental health center within the specified crisis stabilization unit catchment area that has agreed to serve as a crisis stabilization unit and to provide psychiatric emergency services, triage and referral services, and other appropriate medical services for individuals identified by a crisis intervention team officer or who have been referred by the community mental health center within the specified crisis stabilization unit catchment area. (c) (1) As a participating partner and serving as a crisis stabilization unit, a hospital, community mental health center, or mental health facility may establish a comprehensive psychiatric emergency service to provide psychiatric emergency services to an individual with a behavioral health impairment for a period of time greater than allowed in a hospital or other facility's emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner, or psychiatric physician assistant, the individual is likely to be stabilized within ninety-six (96) hours so that continuing treatment can be provided in the local community rather than a crisis stabilization unit or the Arkansas State Hospital. (2) (A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and in treatment at a crisis stabilization unit, the individual is considered to be in treatment on a voluntary basis. (B) This subchapter does not authorize the forfeiture of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense. (d) (1) Two (2) or more governmental entities may jointly provide crisis intervention teams and comprehensive psychiatric emergency services authorized under this subchapter. (2) For the purpose of addressing unique rural service delivery needs and conditions, the Department of Human Services may authorize two (2) or more hospitals, community mental health centers, or mental health services providers to collaborate in the development of crisis intervention teams and comprehensive psychiatric emergency services and shall facilitate any collaboration authorized. Amended by Act 2021, No. 989,§ 3, eff. 7/28/2021. Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.

(a) As part of a crisis intervention protocol established under this subchapter, a law enforcement agency or community mental health center, as a participating partner, is authorized to establish a crisis intervention team or multiple crisis intervention teams to provide psychiatric emergency services and triage and referral services for individuals with a behavioral health impairment who demonstrate substantial likelihood of committing bodily harm against themselves or against another person as a more humane alternative to confinement in a jail.

(b) A crisis intervention team shall have at least one (1) designated hospital or community mental health center within the specified crisis stabilization unit catchment area that has agreed to serve as a crisis stabilization unit and to provide psychiatric emergency services, triage and referral services, and other appropriate medical services for individuals identified by a crisis intervention team officer or who have been referred by the community mental health center within the specified crisis stabilization unit catchment area.

(c) (1) As a participating partner and serving as a crisis stabilization unit, a hospital, community mental health center, or mental health facility may establish a comprehensive psychiatric emergency service to provide psychiatric emergency services to an individual with a behavioral health impairment for a period of time greater than allowed in a hospital or other facility's emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner, or psychiatric physician assistant, the individual is likely to be stabilized within ninety-six (96) hours so that continuing treatment can be provided in the local community rather than a crisis stabilization unit or the Arkansas State Hospital. (2) (A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and in treatment at a crisis stabilization unit, the individual is considered to be in treatment on a voluntary basis. (B) This subchapter does not authorize the forfeiture of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense.

(1) As a participating partner and serving as a crisis stabilization unit, a hospital, community mental health center, or mental health facility may establish a comprehensive psychiatric emergency service to provide psychiatric emergency services to an individual with a behavioral health impairment for a period of time greater than allowed in a hospital or other facility's emergency department when, in the opinion of the treating physician, psychiatric nurse practitioner, or psychiatric physician assistant, the individual is likely to be stabilized within ninety-six (96) hours so that continuing treatment can be provided in the local community rather than a crisis stabilization unit or the Arkansas State Hospital.

(2) (A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and in treatment at a crisis stabilization unit, the individual is considered to be in treatment on a voluntary basis. (B) This subchapter does not authorize the forfeiture of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense.

(A) During the time an individual with a behavioral health impairment is under a crisis intervention protocol and in treatment at a crisis stabilization unit, the individual is considered to be in treatment on a voluntary basis.

(B) This subchapter does not authorize the forfeiture of any state or federal constitutional right regarding the detention and custody of an individual with a behavioral health impairment who has been detained or placed in custody due to the commission of a criminal offense.

(d) (1) Two (2) or more governmental entities may jointly provide crisis intervention teams and comprehensive psychiatric emergency services authorized under this subchapter. (2) For the purpose of addressing unique rural service delivery needs and conditions, the Department of Human Services may authorize two (2) or more hospitals, community mental health centers, or mental health services providers to collaborate in the development of crisis intervention teams and comprehensive psychiatric emergency services and shall facilitate any collaboration authorized.

(1) Two (2) or more governmental entities may jointly provide crisis intervention teams and comprehensive psychiatric emergency services authorized under this subchapter.

(2) For the purpose of addressing unique rural service delivery needs and conditions, the Department of Human Services may authorize two (2) or more hospitals, community mental health centers, or mental health services providers to collaborate in the development of crisis intervention teams and comprehensive psychiatric emergency services and shall facilitate any collaboration authorized.

Amended by Act 2021, No. 989,§ 3, eff. 7/28/2021.

Added by Act 2017, No. 423,§ 36, eff. 8/1/2017.
Ark. Code Ann. § 20-77-2513 — AR Code / Title 20 / Chapter 77 / Subchapter 25 / Section 20-77-2513
Enterprise Fraud Program
Status: in_force

(a) To realize savings to the Arkansas Medicaid Program and taxpayers as soon as possible, within ninety (90) days after July 1, 2014, the Office of Medicaid Inspector General shall establish a program known as the "Enterprise Fraud Program" that is focused on fraud, waste, abuse, and improper payments within the Arkansas Medicaid Program that utilizes state-of-the-art enterprise fraud detection technology to further support the detection and prevention within the Arkansas Medicaid Program. (b) (1) The office shall procure through a competitive bid an enterprise technology solution to detect and prevent fraud, waste, abuse, and improper payments. (2) The enterprise technology solution shall use current industry standards to provide: (A) Automated detection and alerting; (B) Continuous monitoring of Arkansas Medicaid Program transactions; (C) Identification of fraud, noncompliance, and improper payments both prospectively and retrospectively; (D) Detection of nontransactional fraud such as Arkansas Medicaid Program eligibility issues and identity theft; (E) Use of state-of-the-art analytical techniques, including without limitation: (i) Predictive modeling; (ii) Complex pattern analysis; (iii) Link analysis; (iv) Text mining; and (v) Geospatial analysis; (F) Feedback and self-learning capability that allow the technology to adapt to changing schemes and trends; and (G) Demonstrated experience hosting sensitive and regulated state data. (3) The payment for the enterprise technology solution shall be structured to provide the most economical cost to the state. (4) The office shall begin the design phase of the procurement process upon establishment of the Enterprise Fraud Program. (5) (A) (i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible. (ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented. (B) If the department applies for and receives any state, federal, or private funds to assist with the implementation and operation of the Enterprise Fraud Program, the department shall enter into a memorandum of understanding with other state agencies to share the cost of implementation as needed. (c) (1) Beginning October 1, 2014, the office shall provide quarterly reports, or more frequent reports if requested by and of the following recipients, to: (A) The cochairs of the Joint Performance Review Committee; (B) The Chair of the House Committee on State Agencies and Governmental Affairs; (C) The Chair of the Senate Committee on State Agencies and Governmental Affairs; (D) The Chair of the House Committee on Public Health, Welfare, and Labor; and (E) The Chair of the Senate Committee on Public Health, Welfare, and Labor. (2) The report shall include without limitation: (A) Beginning October 1, 2014: (i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and (ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and (B) Beginning July 1, 2015: (i) Incidents, types, and amounts of fraud identified; (ii) The amount actually recovered as a result of fraud identifications; (iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and (iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes. Added by Act 2014, No. 259,§ 5, eff. 7/1/2014.

(a) To realize savings to the Arkansas Medicaid Program and taxpayers as soon as possible, within ninety (90) days after July 1, 2014, the Office of Medicaid Inspector General shall establish a program known as the "Enterprise Fraud Program" that is focused on fraud, waste, abuse, and improper payments within the Arkansas Medicaid Program that utilizes state-of-the-art enterprise fraud detection technology to further support the detection and prevention within the Arkansas Medicaid Program.

(b) (1) The office shall procure through a competitive bid an enterprise technology solution to detect and prevent fraud, waste, abuse, and improper payments. (2) The enterprise technology solution shall use current industry standards to provide: (A) Automated detection and alerting; (B) Continuous monitoring of Arkansas Medicaid Program transactions; (C) Identification of fraud, noncompliance, and improper payments both prospectively and retrospectively; (D) Detection of nontransactional fraud such as Arkansas Medicaid Program eligibility issues and identity theft; (E) Use of state-of-the-art analytical techniques, including without limitation: (i) Predictive modeling; (ii) Complex pattern analysis; (iii) Link analysis; (iv) Text mining; and (v) Geospatial analysis; (F) Feedback and self-learning capability that allow the technology to adapt to changing schemes and trends; and (G) Demonstrated experience hosting sensitive and regulated state data. (3) The payment for the enterprise technology solution shall be structured to provide the most economical cost to the state. (4) The office shall begin the design phase of the procurement process upon establishment of the Enterprise Fraud Program. (5) (A) (i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible. (ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented. (B) If the department applies for and receives any state, federal, or private funds to assist with the implementation and operation of the Enterprise Fraud Program, the department shall enter into a memorandum of understanding with other state agencies to share the cost of implementation as needed.

(1) The office shall procure through a competitive bid an enterprise technology solution to detect and prevent fraud, waste, abuse, and improper payments.

(2) The enterprise technology solution shall use current industry standards to provide: (A) Automated detection and alerting; (B) Continuous monitoring of Arkansas Medicaid Program transactions; (C) Identification of fraud, noncompliance, and improper payments both prospectively and retrospectively; (D) Detection of nontransactional fraud such as Arkansas Medicaid Program eligibility issues and identity theft; (E) Use of state-of-the-art analytical techniques, including without limitation: (i) Predictive modeling; (ii) Complex pattern analysis; (iii) Link analysis; (iv) Text mining; and (v) Geospatial analysis; (F) Feedback and self-learning capability that allow the technology to adapt to changing schemes and trends; and (G) Demonstrated experience hosting sensitive and regulated state data.

(A) Automated detection and alerting;

(B) Continuous monitoring of Arkansas Medicaid Program transactions;

(C) Identification of fraud, noncompliance, and improper payments both prospectively and retrospectively;

(D) Detection of nontransactional fraud such as Arkansas Medicaid Program eligibility issues and identity theft;

(E) Use of state-of-the-art analytical techniques, including without limitation: (i) Predictive modeling; (ii) Complex pattern analysis; (iii) Link analysis; (iv) Text mining; and (v) Geospatial analysis;

(i) Predictive modeling;

(ii) Complex pattern analysis;

(iii) Link analysis;

(iv) Text mining; and

(v) Geospatial analysis;

(F) Feedback and self-learning capability that allow the technology to adapt to changing schemes and trends; and

(G) Demonstrated experience hosting sensitive and regulated state data.

(3) The payment for the enterprise technology solution shall be structured to provide the most economical cost to the state.

(4) The office shall begin the design phase of the procurement process upon establishment of the Enterprise Fraud Program.

(5) (A) (i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible. (ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented. (B) If the department applies for and receives any state, federal, or private funds to assist with the implementation and operation of the Enterprise Fraud Program, the department shall enter into a memorandum of understanding with other state agencies to share the cost of implementation as needed.

(A) (i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible. (ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented.

(i) The Department of Human Services shall seek implementation funding from the Centers for Medicare & Medicaid Services as soon as possible.

(ii) If at least eighty percent (80%) of the funding required for the appropriation provided by this section is not received through federal matching funds from the Centers for Medicare & Medicaid Services, the Enterprise Fraud Program shall not be implemented.

(B) If the department applies for and receives any state, federal, or private funds to assist with the implementation and operation of the Enterprise Fraud Program, the department shall enter into a memorandum of understanding with other state agencies to share the cost of implementation as needed.

(c) (1) Beginning October 1, 2014, the office shall provide quarterly reports, or more frequent reports if requested by and of the following recipients, to: (A) The cochairs of the Joint Performance Review Committee; (B) The Chair of the House Committee on State Agencies and Governmental Affairs; (C) The Chair of the Senate Committee on State Agencies and Governmental Affairs; (D) The Chair of the House Committee on Public Health, Welfare, and Labor; and (E) The Chair of the Senate Committee on Public Health, Welfare, and Labor. (2) The report shall include without limitation: (A) Beginning October 1, 2014: (i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and (ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and (B) Beginning July 1, 2015: (i) Incidents, types, and amounts of fraud identified; (ii) The amount actually recovered as a result of fraud identifications; (iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and (iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes.

(1) Beginning October 1, 2014, the office shall provide quarterly reports, or more frequent reports if requested by and of the following recipients, to: (A) The cochairs of the Joint Performance Review Committee; (B) The Chair of the House Committee on State Agencies and Governmental Affairs; (C) The Chair of the Senate Committee on State Agencies and Governmental Affairs; (D) The Chair of the House Committee on Public Health, Welfare, and Labor; and (E) The Chair of the Senate Committee on Public Health, Welfare, and Labor.

(A) The cochairs of the Joint Performance Review Committee;

(B) The Chair of the House Committee on State Agencies and Governmental Affairs;

(C) The Chair of the Senate Committee on State Agencies and Governmental Affairs;

(D) The Chair of the House Committee on Public Health, Welfare, and Labor; and

(E) The Chair of the Senate Committee on Public Health, Welfare, and Labor.

(2) The report shall include without limitation: (A) Beginning October 1, 2014: (i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and (ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and (B) Beginning July 1, 2015: (i) Incidents, types, and amounts of fraud identified; (ii) The amount actually recovered as a result of fraud identifications; (iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and (iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes.

(A) Beginning October 1, 2014: (i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and (ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and

(i) Comprehensive data regarding the establishment and operations of the Enterprise Fraud Program, including without limitation the progress of procuring the enterprise technology solution; and

(ii) The resources and processes of each participating state agency to investigate the leads provided by the enterprise technology solution; and

(B) Beginning July 1, 2015: (i) Incidents, types, and amounts of fraud identified; (ii) The amount actually recovered as a result of fraud identifications; (iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and (iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes.

(i) Incidents, types, and amounts of fraud identified;

(ii) The amount actually recovered as a result of fraud identifications;

(iii) Expected cost avoidance through benefits not issued or denied, prepayment intervention, and future behavior change through intervention; and

(iv) Proposed procedural changes resulting from fraud identification and the timeline for implementing the procedural changes.

Added by Act 2014, No. 259,§ 5, eff. 7/1/2014.
Ark. Code Ann. § 20-10-216 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-216
Powers and duties of Department of Human Services
Status: in_force

(a) In carrying out §§ 20-10-213 - 20-10-228 , the Department of Human Services is empowered and directed to: (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate §§ 20-10-213 - 20-10-228 ; (2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services; (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis; (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private; (5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out §§ 20-10-213 - 20-10-228 and expend such funds accordingly; (6) Make an annual report to the Governor on activities and expenditures made pursuant to §§ 20-10-213 - 20-10-228 ; (7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and (8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself. (b) The Department of Human Services shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of §§ 20-10-213 - 20-10-228 . The rules and standards shall be modified, amended, or rescinded by the Department of Human Services as may be in the public interest. Amended by Act 2019, No. 315,§ 1869, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1868, eff. 7/24/2019. Acts 1961, No. 414, §§ 4, 28; 1983, No. 273, § 1; A.S.A. 1947, §§ 82-330, 82-354; Acts 2005, No. 2191, § 5.

(a) In carrying out §§ 20-10-213 - 20-10-228 , the Department of Human Services is empowered and directed to: (1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate §§ 20-10-213 - 20-10-228 ; (2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services; (3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis; (4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private; (5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out §§ 20-10-213 - 20-10-228 and expend such funds accordingly; (6) Make an annual report to the Governor on activities and expenditures made pursuant to §§ 20-10-213 - 20-10-228 ; (7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and (8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself.

(1) Require such reports, make such inspections and investigations, and prescribe and enforce such reasonable rules as it finds necessary to effectuate §§ 20-10-213 - 20-10-228 ;

(2) Provide methods of administration and appoint a director and other personnel of the Department of Human Services;

(3) Procure and pay for the temporary services of experts or consultants on a fee-for-service basis;

(4) Enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public and private;

(5) Accept on behalf of the state and deposit with the Treasurer of State any grant, gift, or contribution of funds made to assist in meeting the cost of carrying out §§ 20-10-213 - 20-10-228 and expend such funds accordingly;

(6) Make an annual report to the Governor on activities and expenditures made pursuant to §§ 20-10-213 - 20-10-228 ;

(7) Procure the services of an attorney to assist the Department of Human Services in any legal work involved in carrying out the duties of the Department of Human Services and pay for the services on a fee-for-service or retainer basis; and

(8) Accept a certificate made by an individual's physician that the individual is in need of nursing home care or that he or she can provide for himself or herself.

(b) The Department of Human Services shall adopt, promulgate, and enforce such rules and standards as may be necessary for the accomplishment of §§ 20-10-213 - 20-10-228 . The rules and standards shall be modified, amended, or rescinded by the Department of Human Services as may be in the public interest.

Amended by Act 2019, No. 315,§ 1869, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1868, eff. 7/24/2019.

Acts 1961, No. 414, §§ 4, 28; 1983, No. 273, § 1; A.S.A. 1947, §§ 82-330, 82-354; Acts 2005, No. 2191, § 5.
Ark. Code Ann. § 20-77-1702 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1702
Definitions
Status: in_force

As used in this subchapter: (1) "Abuse" means a pattern of provider conduct that is inconsistent with sound fiscal, business, or medical practices and that results in: (A) An unnecessary cost to the Arkansas Medicaid Program; or (B) Reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care; (2) (A) "Adverse decision" means any decision by the Department of Human Services or its reviewers or contractors that adversely affects a Medicaid provider or recipient in regard to: (i) Receipt of and payment for Medicaid claims and services, including, but not limited to, decisions as to: (a) Appropriate level of care or coding; (b) Medical necessity; (c) Prior authorization; (d) Concurrent reviews; (e) Retrospective reviews; (f) Least restrictive setting; (g) Desk audits; (h) Field audits and onsite audits; and (i) Inspections or surveys; and (ii) Payment amounts due to or from a particular provider resulting from gain sharing, risk sharing, incentive payments, or another reimbursement mechanism or methodology, including calculations that affect or have the potential to affect payment. (B) To constitute an adverse decision, an agency decision need not have a monetary penalty attached but must have a direct monetary consequence to the provider. (C) "Adverse decision" does not include the design of or changes to an element of a reimbursement methodology or payment system that is of general applicability and implemented through the rulemaking process; (3) "Appeal" means an appeal of an adverse decision to an independent administrative law judge as provided under this subchapter; (4) "Claim" means a request for payment of services or for prior, concurrent, or retrospective authorization to provide services; (5) "Concurrent review" or "concurrent authorization" means a review to determine whether a specified recipient currently receiving specific services may continue to receive services; (6) "Denial" means denial or partial denial of a claim; (7) "Department" means: (A) The Department of Human Services; (B) All the divisions and programs of the department, including the Arkansas Medicaid Program; and (C) All the department's contractors, fiscal agents, and other designees and agents; (8) "Final determination" means a Medicaid overpayment determination: (A) For which all provider appeals have been exhausted; or (B) That cannot be appealed or appealed further by the provider because the time to file an appeal has passed; (9) "Fraud" means an intentional representation that is untrue or made in disregard of its truthfulness for the purpose of inducing reliance in order to obtain or retain anything of value under the Arkansas Medicaid Program; (10) "Level of care" means: (A) The level of licensure or certification of the caregiver that is required to provide medically necessary services, for example, a physician or a registered nurse; and (B) As applicable to the adverse decision: (i) With respect to medical assistance reimbursed by procedure code or unit of service, the quantity of each medically necessary procedure or unit; (ii) With respect to durable medical equipment, the type of equipment required and the duration of equipment use; and (iii) With respect to all other medical assistance, the: (a) Intensity of service, for example, whether intensive care unit hospital services were required; (b) Duration of service, for example, the number of days of a hospital stay; or (c) Setting in which the service is delivered, for example, inpatient or outpatient; (11) "Medicaid" means the medical assistance program under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., that is operated by the department, including contractors, fiscal agents, and all other designees and agents; (12) "Person" means any individual, company, firm, organization, association, corporation, or other legal entity; (13) "Primary care physician" means a physician whom the department has designated as responsible for the referral or management, or both, of a Medicaid recipient's health care; (14) "Prior authorization" means the approval by the Arkansas Medicaid Program for specified services for a specified Medicaid recipient before the requested services may be performed and before payment will be made by the Arkansas Medicaid Program; (15) "Provider" means a person enrolled to provide health or medical care services or goods authorized under the Arkansas Medicaid Program; (16) "Recoupment" means any action or attempt by the department to recover or collect Medicaid payments already made to a provider with respect to a claim by: (A) Reducing other payments currently owed to the provider; (B) Withholding or setting off the amount against current or future payments to the provider; (C) Demanding payment back from a provider for a claim already paid; or (D) Reducing or affecting in any other manner the future claim payments to the provider; (17) "Retrospective review" means the review of services or practice patterns after payment, including, but not limited to: (A) Utilization reviews; (B) Medical necessity reviews; (C) Professional reviews; (D) Field audits and onsite audits; and (E) Desk audits; (18) "Reviewer" means any person, including, but not limited to, reviewers, auditors, inspectors, and surveyors, who in reviewing a provider or a provider's provision of medical assistance, reviews without limitation: (A) Quality; (B) Quantity; (C) Utilization; (D) Practice patterns; (E) Medical necessity; and (F) Compliance with Medicaid laws, regulations, and rules; and (19) (A) "Technical deficiency" means an error or omission in documentation by a provider that does not affect direct patient care of the recipient. (B) "Technical deficiency" does not include: (i) Lack of medical necessity according to professionally recognized local standards of care; (ii) Failure to provide care of a quality that meets professionally recognized local standards of care; (iii) Failure to document a mandatory quality measure required for gain sharing or medical home or health home incentive payments as specified in a reimbursement mechanism or methodology; (iv) Failure to obtain prior or concurrent authorization if required by regulation; (v) Fraud; (vi) Abuse; (vii) A pattern of noncompliance; or (viii) A gross and flagrant violation. Amended by Act 2013, No. 562,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 562,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 562,§ 1, eff. 8/16/2013. Acts 2005, No. 1758, § 1; 2007, No. 596, § 1.

As used in this subchapter:

(1) "Abuse" means a pattern of provider conduct that is inconsistent with sound fiscal, business, or medical practices and that results in: (A) An unnecessary cost to the Arkansas Medicaid Program; or (B) Reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care;

(A) An unnecessary cost to the Arkansas Medicaid Program; or

(B) Reimbursement for services that are not medically necessary or that fail to meet professionally recognized standards for health care;

(2) (A) "Adverse decision" means any decision by the Department of Human Services or its reviewers or contractors that adversely affects a Medicaid provider or recipient in regard to: (i) Receipt of and payment for Medicaid claims and services, including, but not limited to, decisions as to: (a) Appropriate level of care or coding; (b) Medical necessity; (c) Prior authorization; (d) Concurrent reviews; (e) Retrospective reviews; (f) Least restrictive setting; (g) Desk audits; (h) Field audits and onsite audits; and (i) Inspections or surveys; and (ii) Payment amounts due to or from a particular provider resulting from gain sharing, risk sharing, incentive payments, or another reimbursement mechanism or methodology, including calculations that affect or have the potential to affect payment. (B) To constitute an adverse decision, an agency decision need not have a monetary penalty attached but must have a direct monetary consequence to the provider. (C) "Adverse decision" does not include the design of or changes to an element of a reimbursement methodology or payment system that is of general applicability and implemented through the rulemaking process;

(A) "Adverse decision" means any decision by the Department of Human Services or its reviewers or contractors that adversely affects a Medicaid provider or recipient in regard to: (i) Receipt of and payment for Medicaid claims and services, including, but not limited to, decisions as to: (a) Appropriate level of care or coding; (b) Medical necessity; (c) Prior authorization; (d) Concurrent reviews; (e) Retrospective reviews; (f) Least restrictive setting; (g) Desk audits; (h) Field audits and onsite audits; and (i) Inspections or surveys; and (ii) Payment amounts due to or from a particular provider resulting from gain sharing, risk sharing, incentive payments, or another reimbursement mechanism or methodology, including calculations that affect or have the potential to affect payment.

(i) Receipt of and payment for Medicaid claims and services, including, but not limited to, decisions as to: (a) Appropriate level of care or coding; (b) Medical necessity; (c) Prior authorization; (d) Concurrent reviews; (e) Retrospective reviews; (f) Least restrictive setting; (g) Desk audits; (h) Field audits and onsite audits; and (i) Inspections or surveys; and

(a) Appropriate level of care or coding;

(b) Medical necessity;

(c) Prior authorization;

(d) Concurrent reviews;

(e) Retrospective reviews;

(f) Least restrictive setting;

(g) Desk audits;

(h) Field audits and onsite audits; and

(i) Inspections or surveys; and

(ii) Payment amounts due to or from a particular provider resulting from gain sharing, risk sharing, incentive payments, or another reimbursement mechanism or methodology, including calculations that affect or have the potential to affect payment.

(B) To constitute an adverse decision, an agency decision need not have a monetary penalty attached but must have a direct monetary consequence to the provider.

(C) "Adverse decision" does not include the design of or changes to an element of a reimbursement methodology or payment system that is of general applicability and implemented through the rulemaking process;

(3) "Appeal" means an appeal of an adverse decision to an independent administrative law judge as provided under this subchapter;

(4) "Claim" means a request for payment of services or for prior, concurrent, or retrospective authorization to provide services;

(5) "Concurrent review" or "concurrent authorization" means a review to determine whether a specified recipient currently receiving specific services may continue to receive services;

(6) "Denial" means denial or partial denial of a claim;

(7) "Department" means: (A) The Department of Human Services; (B) All the divisions and programs of the department, including the Arkansas Medicaid Program; and (C) All the department's contractors, fiscal agents, and other designees and agents;

(A) The Department of Human Services;

(B) All the divisions and programs of the department, including the Arkansas Medicaid Program; and

(C) All the department's contractors, fiscal agents, and other designees and agents;

(8) "Final determination" means a Medicaid overpayment determination: (A) For which all provider appeals have been exhausted; or (B) That cannot be appealed or appealed further by the provider because the time to file an appeal has passed;

(A) For which all provider appeals have been exhausted; or

(B) That cannot be appealed or appealed further by the provider because the time to file an appeal has passed;

(9) "Fraud" means an intentional representation that is untrue or made in disregard of its truthfulness for the purpose of inducing reliance in order to obtain or retain anything of value under the Arkansas Medicaid Program;

(10) "Level of care" means: (A) The level of licensure or certification of the caregiver that is required to provide medically necessary services, for example, a physician or a registered nurse; and (B) As applicable to the adverse decision: (i) With respect to medical assistance reimbursed by procedure code or unit of service, the quantity of each medically necessary procedure or unit; (ii) With respect to durable medical equipment, the type of equipment required and the duration of equipment use; and (iii) With respect to all other medical assistance, the: (a) Intensity of service, for example, whether intensive care unit hospital services were required; (b) Duration of service, for example, the number of days of a hospital stay; or (c) Setting in which the service is delivered, for example, inpatient or outpatient;

(A) The level of licensure or certification of the caregiver that is required to provide medically necessary services, for example, a physician or a registered nurse; and

(B) As applicable to the adverse decision: (i) With respect to medical assistance reimbursed by procedure code or unit of service, the quantity of each medically necessary procedure or unit; (ii) With respect to durable medical equipment, the type of equipment required and the duration of equipment use; and (iii) With respect to all other medical assistance, the: (a) Intensity of service, for example, whether intensive care unit hospital services were required; (b) Duration of service, for example, the number of days of a hospital stay; or (c) Setting in which the service is delivered, for example, inpatient or outpatient;

(i) With respect to medical assistance reimbursed by procedure code or unit of service, the quantity of each medically necessary procedure or unit;

(ii) With respect to durable medical equipment, the type of equipment required and the duration of equipment use; and

(iii) With respect to all other medical assistance, the: (a) Intensity of service, for example, whether intensive care unit hospital services were required; (b) Duration of service, for example, the number of days of a hospital stay; or (c) Setting in which the service is delivered, for example, inpatient or outpatient;

(a) Intensity of service, for example, whether intensive care unit hospital services were required;

(b) Duration of service, for example, the number of days of a hospital stay; or

(c) Setting in which the service is delivered, for example, inpatient or outpatient;

(11) "Medicaid" means the medical assistance program under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., and Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., that is operated by the department, including contractors, fiscal agents, and all other designees and agents;

(12) "Person" means any individual, company, firm, organization, association, corporation, or other legal entity;

(13) "Primary care physician" means a physician whom the department has designated as responsible for the referral or management, or both, of a Medicaid recipient's health care;

(14) "Prior authorization" means the approval by the Arkansas Medicaid Program for specified services for a specified Medicaid recipient before the requested services may be performed and before payment will be made by the Arkansas Medicaid Program;

(15) "Provider" means a person enrolled to provide health or medical care services or goods authorized under the Arkansas Medicaid Program;

(16) "Recoupment" means any action or attempt by the department to recover or collect Medicaid payments already made to a provider with respect to a claim by: (A) Reducing other payments currently owed to the provider; (B) Withholding or setting off the amount against current or future payments to the provider; (C) Demanding payment back from a provider for a claim already paid; or (D) Reducing or affecting in any other manner the future claim payments to the provider;

(A) Reducing other payments currently owed to the provider;

(B) Withholding or setting off the amount against current or future payments to the provider;

(C) Demanding payment back from a provider for a claim already paid; or

(D) Reducing or affecting in any other manner the future claim payments to the provider;

(17) "Retrospective review" means the review of services or practice patterns after payment, including, but not limited to: (A) Utilization reviews; (B) Medical necessity reviews; (C) Professional reviews; (D) Field audits and onsite audits; and (E) Desk audits;

(A) Utilization reviews;

(B) Medical necessity reviews;

(C) Professional reviews;

(D) Field audits and onsite audits; and

(E) Desk audits;

(18) "Reviewer" means any person, including, but not limited to, reviewers, auditors, inspectors, and surveyors, who in reviewing a provider or a provider's provision of medical assistance, reviews without limitation: (A) Quality; (B) Quantity; (C) Utilization; (D) Practice patterns; (E) Medical necessity; and (F) Compliance with Medicaid laws, regulations, and rules; and

(A) Quality;

(B) Quantity;

(C) Utilization;

(D) Practice patterns;

(E) Medical necessity; and

(F) Compliance with Medicaid laws, regulations, and rules; and

(19) (A) "Technical deficiency" means an error or omission in documentation by a provider that does not affect direct patient care of the recipient. (B) "Technical deficiency" does not include: (i) Lack of medical necessity according to professionally recognized local standards of care; (ii) Failure to provide care of a quality that meets professionally recognized local standards of care; (iii) Failure to document a mandatory quality measure required for gain sharing or medical home or health home incentive payments as specified in a reimbursement mechanism or methodology; (iv) Failure to obtain prior or concurrent authorization if required by regulation; (v) Fraud; (vi) Abuse; (vii) A pattern of noncompliance; or (viii) A gross and flagrant violation.

(A) "Technical deficiency" means an error or omission in documentation by a provider that does not affect direct patient care of the recipient.

(B) "Technical deficiency" does not include: (i) Lack of medical necessity according to professionally recognized local standards of care; (ii) Failure to provide care of a quality that meets professionally recognized local standards of care; (iii) Failure to document a mandatory quality measure required for gain sharing or medical home or health home incentive payments as specified in a reimbursement mechanism or methodology; (iv) Failure to obtain prior or concurrent authorization if required by regulation; (v) Fraud; (vi) Abuse; (vii) A pattern of noncompliance; or (viii) A gross and flagrant violation.

(i) Lack of medical necessity according to professionally recognized local standards of care;

(ii) Failure to provide care of a quality that meets professionally recognized local standards of care;

(iii) Failure to document a mandatory quality measure required for gain sharing or medical home or health home incentive payments as specified in a reimbursement mechanism or methodology;

(iv) Failure to obtain prior or concurrent authorization if required by regulation;

(v) Fraud;

(vi) Abuse;

(vii) A pattern of noncompliance; or

(viii) A gross and flagrant violation.

Amended by Act 2013, No. 562,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 562,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 562,§ 1, eff. 8/16/2013.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 1.
Ark. Code Ann. § 20-47-506 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-506
Regional Child and Adolescent Service System Program Coordinating Council planning teams
Status: in_force

(a) A regional Child and Adolescent Service System Program planning team shall be established in each community mental health center catchment area. (b) (1) Each team shall include individuals who are not state employees and who are not providers of services to children with emotional disturbances or their families but who are parents, parent surrogates, family members, or consumers. (2) Every effort shall be made to encourage and assist parents, parent surrogates, family members, consumers, and advocates to participate in program planning teams. (c) The regional program planning teams shall include agency representatives from the community mental health centers, the Division of Developmental Disabilities Services of the Department of Human Services, the Division of Children and Family Services of the Department of Human Services, the Department of Health, the local school districts or education service cooperatives, and any willing provider. (d) Additional representatives of other local services and programs shall be added by the regional team and will include representatives from the juvenile justice system or youth services providers and local preschool programs, if possible. (e) Each regional team member may appoint a single person to serve as his or her proxy. (f) The regional program planning team shall: (1) Advise and report to the Child and Adolescent Service System Program Coordinating Council on matters of policies, resources, programs, and services relating to children with emotional disturbances and their families; (2) Identify and recommend program initiatives and revisions based on area and community-based needs; (3) Submit a regional plan and guidelines for interagency service delivery teams to the council on or before February 15 of each even-numbered year preceding the legislative session; (4) Develop and implement special projects for community-based services; and (5) (A) Ensure that interagency service teams are established and utilized in coordinating services for children and adolescents referred to the program. (B) Each service delivery team shall have sufficient and appropriate representation from identified service providers and will complete a multiagency plan of services for each child or adolescent receiving program services. (C) Each member of the service delivery teams shall share information, evaluations, and data necessary to produce an effective, individualized multiagency plan of services. (D) Every effort shall be made to assist parents, parent surrogates, family members, and consumers to participate as members of the interagency service delivery team. Acts 1991, No. 964, § 6; 2001, No. 1517, § 5; 2005, No. 2209, §§ 3, 4; 2007, No. 617, § 40.

(a) A regional Child and Adolescent Service System Program planning team shall be established in each community mental health center catchment area.

(b) (1) Each team shall include individuals who are not state employees and who are not providers of services to children with emotional disturbances or their families but who are parents, parent surrogates, family members, or consumers. (2) Every effort shall be made to encourage and assist parents, parent surrogates, family members, consumers, and advocates to participate in program planning teams.

(1) Each team shall include individuals who are not state employees and who are not providers of services to children with emotional disturbances or their families but who are parents, parent surrogates, family members, or consumers.

(2) Every effort shall be made to encourage and assist parents, parent surrogates, family members, consumers, and advocates to participate in program planning teams.

(c) The regional program planning teams shall include agency representatives from the community mental health centers, the Division of Developmental Disabilities Services of the Department of Human Services, the Division of Children and Family Services of the Department of Human Services, the Department of Health, the local school districts or education service cooperatives, and any willing provider.

(d) Additional representatives of other local services and programs shall be added by the regional team and will include representatives from the juvenile justice system or youth services providers and local preschool programs, if possible.

(e) Each regional team member may appoint a single person to serve as his or her proxy.

(f) The regional program planning team shall: (1) Advise and report to the Child and Adolescent Service System Program Coordinating Council on matters of policies, resources, programs, and services relating to children with emotional disturbances and their families; (2) Identify and recommend program initiatives and revisions based on area and community-based needs; (3) Submit a regional plan and guidelines for interagency service delivery teams to the council on or before February 15 of each even-numbered year preceding the legislative session; (4) Develop and implement special projects for community-based services; and (5) (A) Ensure that interagency service teams are established and utilized in coordinating services for children and adolescents referred to the program. (B) Each service delivery team shall have sufficient and appropriate representation from identified service providers and will complete a multiagency plan of services for each child or adolescent receiving program services. (C) Each member of the service delivery teams shall share information, evaluations, and data necessary to produce an effective, individualized multiagency plan of services. (D) Every effort shall be made to assist parents, parent surrogates, family members, and consumers to participate as members of the interagency service delivery team.

(1) Advise and report to the Child and Adolescent Service System Program Coordinating Council on matters of policies, resources, programs, and services relating to children with emotional disturbances and their families;

(2) Identify and recommend program initiatives and revisions based on area and community-based needs;

(3) Submit a regional plan and guidelines for interagency service delivery teams to the council on or before February 15 of each even-numbered year preceding the legislative session;

(4) Develop and implement special projects for community-based services; and

(5) (A) Ensure that interagency service teams are established and utilized in coordinating services for children and adolescents referred to the program. (B) Each service delivery team shall have sufficient and appropriate representation from identified service providers and will complete a multiagency plan of services for each child or adolescent receiving program services. (C) Each member of the service delivery teams shall share information, evaluations, and data necessary to produce an effective, individualized multiagency plan of services. (D) Every effort shall be made to assist parents, parent surrogates, family members, and consumers to participate as members of the interagency service delivery team.

(A) Ensure that interagency service teams are established and utilized in coordinating services for children and adolescents referred to the program.

(B) Each service delivery team shall have sufficient and appropriate representation from identified service providers and will complete a multiagency plan of services for each child or adolescent receiving program services.

(C) Each member of the service delivery teams shall share information, evaluations, and data necessary to produce an effective, individualized multiagency plan of services.

(D) Every effort shall be made to assist parents, parent surrogates, family members, and consumers to participate as members of the interagency service delivery team.

Acts 1991, No. 964, § 6; 2001, No. 1517, § 5; 2005, No. 2209, §§ 3, 4; 2007, No. 617, § 40.