Ark. Code Ann. § 20-77-1706 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1706
Reimbursement at an alternate level instead of complete denial
Status: in_force

(a) (1) (A) Subject to § 20-77-1707 for retrospective reviews, if the Department of Human Services has sufficient documentation to determine that some level of care other than the level that was claimed is medically necessary, then the department may recoup. (B) However, the provider shall be entitled to file a second claim at the level that was medically necessary according to the department's explanation for recoupment. (C) Alternatively, the department may recoup the difference between the amount previously paid and the amount that would be payable for the care deemed to be medically necessary. (2) (A) If the department does not have sufficient documentation to determine the level of care that was medically necessary, the department shall not recoup at that time, but shall request from the provider additional documentation the department needs to determine the level of care that was medically necessary. (B) After receiving documentation requested under subdivision (a)(2)(A) of this section, the department shall review the documentation and determine whether to proceed with a recoupment and notice, subject to § 20-77-1707 . (3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively. (4) (A) The recoupment notice from the department under subdivisions (a)(1) and (2) of this section shall explain the reason for the recoupment under § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (a)(4), "care" may include referrals to healthcare professionals. (5) A provider's decision to file a second claim at the level of care approved by the reviewer or the department's decision to recoup rather than requiring a second claim does not waive the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination. (b) (1) For concurrent or prior authorization, if the department has sufficient documentation to establish that some level of care other than the requested level is medically necessary, the department shall approve the request at the other level of care with proper notice. (2) (A) If the department does not have sufficient documentation to determine the level of care that is medically necessary, the department shall not deny the claim at that time but shall request from the provider the additional documentation the department needs to determine the level of care that is medically necessary. (B) The department shall then: (i) Review the request; and (ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section. (3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively. (4) (A) The denial notice from the department under subdivisions (b)(1) and (2) of this section shall explain the reason for the denial as required by § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (b)(4), "care" may include referrals to healthcare professionals. (5) The department's decision to approve a request at another level of care under this subsection does not remove the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination. (c) (1) Subsections (a) and (b) of this section apply only: (A) In the absence of fraud or abuse; and (B) If the care is furnished by a provider legally qualified and authorized to deliver the care. (2) Nothing prevents the department from reviewing the claim for reasons unrelated to level of care and taking action that may be warranted by the review, subject to other provisions of law. Acts 2005, No. 1758, § 1; 2007, No. 596, § 2.

(a) (1) (A) Subject to § 20-77-1707 for retrospective reviews, if the Department of Human Services has sufficient documentation to determine that some level of care other than the level that was claimed is medically necessary, then the department may recoup. (B) However, the provider shall be entitled to file a second claim at the level that was medically necessary according to the department's explanation for recoupment. (C) Alternatively, the department may recoup the difference between the amount previously paid and the amount that would be payable for the care deemed to be medically necessary. (2) (A) If the department does not have sufficient documentation to determine the level of care that was medically necessary, the department shall not recoup at that time, but shall request from the provider additional documentation the department needs to determine the level of care that was medically necessary. (B) After receiving documentation requested under subdivision (a)(2)(A) of this section, the department shall review the documentation and determine whether to proceed with a recoupment and notice, subject to § 20-77-1707 . (3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively. (4) (A) The recoupment notice from the department under subdivisions (a)(1) and (2) of this section shall explain the reason for the recoupment under § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (a)(4), "care" may include referrals to healthcare professionals. (5) A provider's decision to file a second claim at the level of care approved by the reviewer or the department's decision to recoup rather than requiring a second claim does not waive the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.

(1) (A) Subject to § 20-77-1707 for retrospective reviews, if the Department of Human Services has sufficient documentation to determine that some level of care other than the level that was claimed is medically necessary, then the department may recoup. (B) However, the provider shall be entitled to file a second claim at the level that was medically necessary according to the department's explanation for recoupment. (C) Alternatively, the department may recoup the difference between the amount previously paid and the amount that would be payable for the care deemed to be medically necessary.

(A) Subject to § 20-77-1707 for retrospective reviews, if the Department of Human Services has sufficient documentation to determine that some level of care other than the level that was claimed is medically necessary, then the department may recoup.

(B) However, the provider shall be entitled to file a second claim at the level that was medically necessary according to the department's explanation for recoupment.

(C) Alternatively, the department may recoup the difference between the amount previously paid and the amount that would be payable for the care deemed to be medically necessary.

(2) (A) If the department does not have sufficient documentation to determine the level of care that was medically necessary, the department shall not recoup at that time, but shall request from the provider additional documentation the department needs to determine the level of care that was medically necessary. (B) After receiving documentation requested under subdivision (a)(2)(A) of this section, the department shall review the documentation and determine whether to proceed with a recoupment and notice, subject to § 20-77-1707 .

(A) If the department does not have sufficient documentation to determine the level of care that was medically necessary, the department shall not recoup at that time, but shall request from the provider additional documentation the department needs to determine the level of care that was medically necessary.

(B) After receiving documentation requested under subdivision (a)(2)(A) of this section, the department shall review the documentation and determine whether to proceed with a recoupment and notice, subject to § 20-77-1707 .

(3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively.

(A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section.

(B) A requirement for a referral from a primary care physician shall not be imposed retroactively.

(4) (A) The recoupment notice from the department under subdivisions (a)(1) and (2) of this section shall explain the reason for the recoupment under § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (a)(4), "care" may include referrals to healthcare professionals.

(A) The recoupment notice from the department under subdivisions (a)(1) and (2) of this section shall explain the reason for the recoupment under § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.".

(i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or

(ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.".

(B) For purposes of this subdivision (a)(4), "care" may include referrals to healthcare professionals.

(5) A provider's decision to file a second claim at the level of care approved by the reviewer or the department's decision to recoup rather than requiring a second claim does not waive the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.

(b) (1) For concurrent or prior authorization, if the department has sufficient documentation to establish that some level of care other than the requested level is medically necessary, the department shall approve the request at the other level of care with proper notice. (2) (A) If the department does not have sufficient documentation to determine the level of care that is medically necessary, the department shall not deny the claim at that time but shall request from the provider the additional documentation the department needs to determine the level of care that is medically necessary. (B) The department shall then: (i) Review the request; and (ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section. (3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively. (4) (A) The denial notice from the department under subdivisions (b)(1) and (2) of this section shall explain the reason for the denial as required by § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (b)(4), "care" may include referrals to healthcare professionals. (5) The department's decision to approve a request at another level of care under this subsection does not remove the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.

(1) For concurrent or prior authorization, if the department has sufficient documentation to establish that some level of care other than the requested level is medically necessary, the department shall approve the request at the other level of care with proper notice.

(2) (A) If the department does not have sufficient documentation to determine the level of care that is medically necessary, the department shall not deny the claim at that time but shall request from the provider the additional documentation the department needs to determine the level of care that is medically necessary. (B) The department shall then: (i) Review the request; and (ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section.

(A) If the department does not have sufficient documentation to determine the level of care that is medically necessary, the department shall not deny the claim at that time but shall request from the provider the additional documentation the department needs to determine the level of care that is medically necessary.

(B) The department shall then: (i) Review the request; and (ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section.

(i) Review the request; and

(ii) If the department denies the request, explain the reason for the denial in accordance with subdivision (b)(4) of this section.

(3) (A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section. (B) A requirement for a referral from a primary care physician shall not be imposed retroactively.

(A) No physician referral shall be required as a condition of payment for care that is determined to be medically necessary upon a review conducted under this section.

(B) A requirement for a referral from a primary care physician shall not be imposed retroactively.

(4) (A) The denial notice from the department under subdivisions (b)(1) and (2) of this section shall explain the reason for the denial as required by § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.". (B) For purposes of this subdivision (b)(4), "care" may include referrals to healthcare professionals.

(A) The denial notice from the department under subdivisions (b)(1) and (2) of this section shall explain the reason for the denial as required by § 20-77-1705 and shall include one (1) of the following statements: (i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or (ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.".

(i) "In the reviewer's professional judgment, the documentation submitted establishes that the following care, treatment, or evaluation was medically necessary: _______."; or

(ii) "In the reviewer's professional judgment, the documentation submitted does not establish that any care, service, or evaluation was medically necessary.".

(B) For purposes of this subdivision (b)(4), "care" may include referrals to healthcare professionals.

(5) The department's decision to approve a request at another level of care under this subsection does not remove the provider's or recipient's right to appeal the denial of the original claim if the provider disagrees with the department's determination.

(c) (1) Subsections (a) and (b) of this section apply only: (A) In the absence of fraud or abuse; and (B) If the care is furnished by a provider legally qualified and authorized to deliver the care. (2) Nothing prevents the department from reviewing the claim for reasons unrelated to level of care and taking action that may be warranted by the review, subject to other provisions of law.

(1) Subsections (a) and (b) of this section apply only: (A) In the absence of fraud or abuse; and (B) If the care is furnished by a provider legally qualified and authorized to deliver the care.

(A) In the absence of fraud or abuse; and

(B) If the care is furnished by a provider legally qualified and authorized to deliver the care.

(2) Nothing prevents the department from reviewing the claim for reasons unrelated to level of care and taking action that may be warranted by the review, subject to other provisions of law.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 2.
Ark. Code Ann. § 20-27-608 — AR Code / Title 20 / Chapter 27 / Subchapter 6 / Section 20-27-608
Retaliatory action prohibited
Status: in_force

(a) After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards. (b) This section is not intended to preclude an owner from finding other suitable housing for and in agreement with the occupant if such action is determined to be in the best interest of the occupant during the hazard abatement period. Acts 1979, No. 896, § 6; A.S.A. 1947, § 82-742.

(a) After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards.

(b) This section is not intended to preclude an owner from finding other suitable housing for and in agreement with the occupant if such action is determined to be in the best interest of the occupant during the hazard abatement period.

Acts 1979, No. 896, § 6; A.S.A. 1947, § 82-742.
Ark. Code Ann. § 20-16-208 — AR Code / Title 20 / Chapter 16 / Subchapter 2 / Section 20-16-208
Furnishing of information by hospitals
Status: in_force

All hospitals with patient records containing information pertaining to reproduction and development are required to share information in those records with the Arkansas Reproductive Health Monitoring System. Amended by Act 2015, No. 1062,§ 5, eff. 7/22/2015. Acts 1985, No. 214, § 8; A.S.A. 1947, § 82-4615.

All hospitals with patient records containing information pertaining to reproduction and development are required to share information in those records with the Arkansas Reproductive Health Monitoring System.

Amended by Act 2015, No. 1062,§ 5, eff. 7/22/2015.

Acts 1985, No. 214, § 8; A.S.A. 1947, § 82-4615.
Ark. Code Ann. § 20-59-231 — AR Code / Title 20 / Chapter 59 / Subchapter 2 / Section 20-59-231
Unlawful acts - Empty cans inverted
Status: in_force

It shall be unlawful to fail to invert empty cream and milk cans on racks located inside of cream stations. Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.

It shall be unlawful to fail to invert empty cream and milk cans on racks located inside of cream stations.

Acts 1941, No. 114, § 3; A.S.A. 1947, § 82-914.
Ark. Code Ann. § 20-27-1314 — AR Code / Title 20 / Chapter 27 / Subchapter 13 / Section 20-27-1314
Restraint
Status: in_force

In addition to the civil penalty provided in § 20-27-1313 , the Director of the Division of Labor may petition any court of competent jurisdiction without paying costs or giving bond for costs to: (1) (A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter. (B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting; (2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and (3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter. Amended by Act 2019, No. 315,§ 2117, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5501, eff. 7/1/2019. Acts 1995, No. 814, § 3.

In addition to the civil penalty provided in § 20-27-1313 , the Director of the Division of Labor may petition any court of competent jurisdiction without paying costs or giving bond for costs to:

(1) (A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter. (B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting;

(A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter.

(B) In situations in which there is an imminent threat to public or worker safety or to property, the director may seek a temporary restraining order for the cessation of any blasting;

(2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and

(3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter.

Amended by Act 2019, No. 315,§ 2117, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5501, eff. 7/1/2019.

Acts 1995, No. 814, § 3.
Ark. Code Ann. § 20-64-602 — AR Code / Title 20 / Chapter 64 / Subchapter 6 / Section 20-64-602
Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Powers and duties
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state; (2) Provide information to the public on the problems and needs of alcohol and drug abusers; (3) Make evaluations of the effectiveness and efficiency of various agencies and programs relating to alcohol and drug abuse; and (4) Exercise all authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter. (b) The duties and responsibilities of the division shall include the following: (1) Coordinate all state and federally funded programs, services, and activities relating to the prevention, treatment, rehabilitation, education intervention, and training of alcoholics and persons with alcohol and other drug abuse-related problems; (2) Develop, administer, and implement a state plan for alcohol abuse and drug abuse prevention as defined in Pub. L. No. 92-255, or its successor, and develop reports on state and local activities in alcohol and drug abuse prevention with recommendations for allocations of resources by refining goals and establishing priorities; (3) Sponsor, encourage, and conduct research into the causes, nature, and treatment of alcoholism, alcohol abuse, and drug abuse and serve as a central source of information and data collection regarding alcohol abuse and drug abuse in this state; (4) Serve in a liaison capacity between the state and local communities and the United States Government with respect to alcohol abuse and drug abuse programs and, subject to the approval of the Secretary of the Department of Human Services, enter into agreements with and make commitments on behalf of the State of Arkansas to meet requirements for obtaining federal assistance or grants for partially financing alcohol abuse and drug abuse programs in the state; (5) Divide the state into appropriate regions for the purpose of planning and the provision of services; (6) As may be deemed necessary, establish district, regional, or other substate advisory councils to help carry out the duties of the division; (7) Review, on a continuing basis, existing and proposed state statutes relating to alcohol abuse and drug abuse education, prevention, intervention, treatment rehabilitation, and training and make appropriate recommendations for legislation to the secretary and the General Assembly; (8) Review, on a continuing basis, existing and proposed rules, policies, programs, and procedures of state agencies and political subdivisions concerning alcohol and drug abuse and recommend to the appropriate agency or political subdivision changes in or additions to the rules, policies, programs, and procedures; (9) Review those budget items proposed by other state agencies which are intended for alcohol or drug abuse prevention, intervention, treatment, education, rehabilitation, and training services and make recommendations to the secretary; (10) Determine the training and orientation needs of professionals, paraprofessionals, supervisors, managers, and other persons in the public and private sectors who come in contact with those persons affected directly or indirectly with alcohol or drug abuse problems or who may impact in a preventive way with individuals who might otherwise become dependent upon alcohol or other drugs; (11) Assist in the development of programs designed to meet identified needs; (12) Provide technical assistance, guidance, consultation, information, and other appropriate services to local programs, local government, district and regional bodies, and state agencies regarding the creation or modification of alcohol or drug abuse programs and procedures; (13) Establish and apply criteria for evaluation of: (A) The effectiveness of alcohol or drug abuse programs conducted in this state; and (B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse; (14) Specify uniform methods for keeping statistical information on all individuals receiving services related to the use or misuse of alcohol and drugs and also develop and maintain a centralized data collection and dissemination system for alcohol and drug abuse programs and activities consistent with federal and state statutes, rules, and regulations; (15) Prepare an annual report to coincide with appropriate federal reports to be submitted to the advisory council, the secretary, and the Governor describing activities of the division and the accomplishments and effectiveness of its programs and also prepare special reports as deemed necessary for the advisory council to aid in the fulfillment of its advisory responsibilities; (16) Develop policies, plans, and programs sponsoring and encouraging research and prevention activities in this state, especially in the categories of children and youth, women, minorities, senior citizens, and incarcerated persons but not limited to these areas; (17) Request, as deemed necessary, reports in sufficient detail for various departments of state government regarding their alcohol or drug abuse program activities; (18) Cooperate with and assist and solicit the cooperation and assistance of appropriate state agencies, community mental health centers and clinics, hospitals, doctors, law enforcement officials, courts, ministers, and any and all other public or private agencies or organizations involved in or dedicated to providing services to those persons who have alcohol or drug abuse-related problems; (19) Develop and promulgate standards and rules for accrediting, certifying, and licensing alcohol and drug abuse prevention, treatment, and rehabilitation programs and facilities within the state, under the supervision and direction of the secretary, provided that the standards and rules shall not supersede standards and rules promulgated by other state agencies for programs or facilities whose primary mission is not alcohol and drug abuse prevention, treatment, and rehabilitation; (20) Review the regulations, guidelines, requirements, and procedures of state and federally funded operating agencies in terms of their consistency with state alcohol and drug abuse prevention policies, priorities, procedures, and objectives and assist the agencies in making changes therein as may be appropriate; (21) Maintain a liaison with all state and local agencies concerned with drug traffic prevention; (22) Conduct annual site visits to all state and federally funded alcohol and drug abuse programs and facilities to determine their compliance with the standards and rules for accrediting, certifying, and licensing as set forth in subdivision (b)(19) of this section; (23) Apply for and assist others in applying for state, private, or federal grants-in-aid and, with the advice and counsel of the advisory council, approve applications for state and federal grants and enter into grants and contracts with public agencies, institutes of higher education, and private organizations or individuals for the purpose of carrying out research, prevention, education, training, treatment, intervention, and rehabilitation activities or special projects which bear directly on the problems related to alcohol and drug abuse or misuse. The contracts or grants may be entered into for these purposes without performance bonds; (24) Be the primary agency responsible for receiving and disbursing all state, federal, and other public moneys collected for the purpose of combating alcohol and drug abuse-related problems in this state and to account for such receipts and disbursals as are made; and (25) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter. Amended by Act 2019, No. 315,§ 2233, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2232, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2231, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5212, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5211, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5210, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5209, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5208, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 92, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 20, eff. 8/16/2013. Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall: (1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state; (2) Provide information to the public on the problems and needs of alcohol and drug abusers; (3) Make evaluations of the effectiveness and efficiency of various agencies and programs relating to alcohol and drug abuse; and (4) Exercise all authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.

(1) Coordinate all state and federally funded programs dealing with alcohol and drug abuse in the state;

(2) Provide information to the public on the problems and needs of alcohol and drug abusers;

(3) Make evaluations of the effectiveness and efficiency of various agencies and programs relating to alcohol and drug abuse; and

(4) Exercise all authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.

(b) The duties and responsibilities of the division shall include the following: (1) Coordinate all state and federally funded programs, services, and activities relating to the prevention, treatment, rehabilitation, education intervention, and training of alcoholics and persons with alcohol and other drug abuse-related problems; (2) Develop, administer, and implement a state plan for alcohol abuse and drug abuse prevention as defined in Pub. L. No. 92-255, or its successor, and develop reports on state and local activities in alcohol and drug abuse prevention with recommendations for allocations of resources by refining goals and establishing priorities; (3) Sponsor, encourage, and conduct research into the causes, nature, and treatment of alcoholism, alcohol abuse, and drug abuse and serve as a central source of information and data collection regarding alcohol abuse and drug abuse in this state; (4) Serve in a liaison capacity between the state and local communities and the United States Government with respect to alcohol abuse and drug abuse programs and, subject to the approval of the Secretary of the Department of Human Services, enter into agreements with and make commitments on behalf of the State of Arkansas to meet requirements for obtaining federal assistance or grants for partially financing alcohol abuse and drug abuse programs in the state; (5) Divide the state into appropriate regions for the purpose of planning and the provision of services; (6) As may be deemed necessary, establish district, regional, or other substate advisory councils to help carry out the duties of the division; (7) Review, on a continuing basis, existing and proposed state statutes relating to alcohol abuse and drug abuse education, prevention, intervention, treatment rehabilitation, and training and make appropriate recommendations for legislation to the secretary and the General Assembly; (8) Review, on a continuing basis, existing and proposed rules, policies, programs, and procedures of state agencies and political subdivisions concerning alcohol and drug abuse and recommend to the appropriate agency or political subdivision changes in or additions to the rules, policies, programs, and procedures; (9) Review those budget items proposed by other state agencies which are intended for alcohol or drug abuse prevention, intervention, treatment, education, rehabilitation, and training services and make recommendations to the secretary; (10) Determine the training and orientation needs of professionals, paraprofessionals, supervisors, managers, and other persons in the public and private sectors who come in contact with those persons affected directly or indirectly with alcohol or drug abuse problems or who may impact in a preventive way with individuals who might otherwise become dependent upon alcohol or other drugs; (11) Assist in the development of programs designed to meet identified needs; (12) Provide technical assistance, guidance, consultation, information, and other appropriate services to local programs, local government, district and regional bodies, and state agencies regarding the creation or modification of alcohol or drug abuse programs and procedures; (13) Establish and apply criteria for evaluation of: (A) The effectiveness of alcohol or drug abuse programs conducted in this state; and (B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse; (14) Specify uniform methods for keeping statistical information on all individuals receiving services related to the use or misuse of alcohol and drugs and also develop and maintain a centralized data collection and dissemination system for alcohol and drug abuse programs and activities consistent with federal and state statutes, rules, and regulations; (15) Prepare an annual report to coincide with appropriate federal reports to be submitted to the advisory council, the secretary, and the Governor describing activities of the division and the accomplishments and effectiveness of its programs and also prepare special reports as deemed necessary for the advisory council to aid in the fulfillment of its advisory responsibilities; (16) Develop policies, plans, and programs sponsoring and encouraging research and prevention activities in this state, especially in the categories of children and youth, women, minorities, senior citizens, and incarcerated persons but not limited to these areas; (17) Request, as deemed necessary, reports in sufficient detail for various departments of state government regarding their alcohol or drug abuse program activities; (18) Cooperate with and assist and solicit the cooperation and assistance of appropriate state agencies, community mental health centers and clinics, hospitals, doctors, law enforcement officials, courts, ministers, and any and all other public or private agencies or organizations involved in or dedicated to providing services to those persons who have alcohol or drug abuse-related problems; (19) Develop and promulgate standards and rules for accrediting, certifying, and licensing alcohol and drug abuse prevention, treatment, and rehabilitation programs and facilities within the state, under the supervision and direction of the secretary, provided that the standards and rules shall not supersede standards and rules promulgated by other state agencies for programs or facilities whose primary mission is not alcohol and drug abuse prevention, treatment, and rehabilitation; (20) Review the regulations, guidelines, requirements, and procedures of state and federally funded operating agencies in terms of their consistency with state alcohol and drug abuse prevention policies, priorities, procedures, and objectives and assist the agencies in making changes therein as may be appropriate; (21) Maintain a liaison with all state and local agencies concerned with drug traffic prevention; (22) Conduct annual site visits to all state and federally funded alcohol and drug abuse programs and facilities to determine their compliance with the standards and rules for accrediting, certifying, and licensing as set forth in subdivision (b)(19) of this section; (23) Apply for and assist others in applying for state, private, or federal grants-in-aid and, with the advice and counsel of the advisory council, approve applications for state and federal grants and enter into grants and contracts with public agencies, institutes of higher education, and private organizations or individuals for the purpose of carrying out research, prevention, education, training, treatment, intervention, and rehabilitation activities or special projects which bear directly on the problems related to alcohol and drug abuse or misuse. The contracts or grants may be entered into for these purposes without performance bonds; (24) Be the primary agency responsible for receiving and disbursing all state, federal, and other public moneys collected for the purpose of combating alcohol and drug abuse-related problems in this state and to account for such receipts and disbursals as are made; and (25) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.

(1) Coordinate all state and federally funded programs, services, and activities relating to the prevention, treatment, rehabilitation, education intervention, and training of alcoholics and persons with alcohol and other drug abuse-related problems;

(2) Develop, administer, and implement a state plan for alcohol abuse and drug abuse prevention as defined in Pub. L. No. 92-255, or its successor, and develop reports on state and local activities in alcohol and drug abuse prevention with recommendations for allocations of resources by refining goals and establishing priorities;

(3) Sponsor, encourage, and conduct research into the causes, nature, and treatment of alcoholism, alcohol abuse, and drug abuse and serve as a central source of information and data collection regarding alcohol abuse and drug abuse in this state;

(4) Serve in a liaison capacity between the state and local communities and the United States Government with respect to alcohol abuse and drug abuse programs and, subject to the approval of the Secretary of the Department of Human Services, enter into agreements with and make commitments on behalf of the State of Arkansas to meet requirements for obtaining federal assistance or grants for partially financing alcohol abuse and drug abuse programs in the state;

(5) Divide the state into appropriate regions for the purpose of planning and the provision of services;

(6) As may be deemed necessary, establish district, regional, or other substate advisory councils to help carry out the duties of the division;

(7) Review, on a continuing basis, existing and proposed state statutes relating to alcohol abuse and drug abuse education, prevention, intervention, treatment rehabilitation, and training and make appropriate recommendations for legislation to the secretary and the General Assembly;

(8) Review, on a continuing basis, existing and proposed rules, policies, programs, and procedures of state agencies and political subdivisions concerning alcohol and drug abuse and recommend to the appropriate agency or political subdivision changes in or additions to the rules, policies, programs, and procedures;

(9) Review those budget items proposed by other state agencies which are intended for alcohol or drug abuse prevention, intervention, treatment, education, rehabilitation, and training services and make recommendations to the secretary;

(10) Determine the training and orientation needs of professionals, paraprofessionals, supervisors, managers, and other persons in the public and private sectors who come in contact with those persons affected directly or indirectly with alcohol or drug abuse problems or who may impact in a preventive way with individuals who might otherwise become dependent upon alcohol or other drugs;

(11) Assist in the development of programs designed to meet identified needs;

(12) Provide technical assistance, guidance, consultation, information, and other appropriate services to local programs, local government, district and regional bodies, and state agencies regarding the creation or modification of alcohol or drug abuse programs and procedures;

(13) Establish and apply criteria for evaluation of: (A) The effectiveness of alcohol or drug abuse programs conducted in this state; and (B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse;

(A) The effectiveness of alcohol or drug abuse programs conducted in this state; and

(B) The accuracy of information contained in and the effectiveness of literature and audiovisual aids prepared to combat alcohol and drug abuse;

(14) Specify uniform methods for keeping statistical information on all individuals receiving services related to the use or misuse of alcohol and drugs and also develop and maintain a centralized data collection and dissemination system for alcohol and drug abuse programs and activities consistent with federal and state statutes, rules, and regulations;

(15) Prepare an annual report to coincide with appropriate federal reports to be submitted to the advisory council, the secretary, and the Governor describing activities of the division and the accomplishments and effectiveness of its programs and also prepare special reports as deemed necessary for the advisory council to aid in the fulfillment of its advisory responsibilities;

(16) Develop policies, plans, and programs sponsoring and encouraging research and prevention activities in this state, especially in the categories of children and youth, women, minorities, senior citizens, and incarcerated persons but not limited to these areas;

(17) Request, as deemed necessary, reports in sufficient detail for various departments of state government regarding their alcohol or drug abuse program activities;

(18) Cooperate with and assist and solicit the cooperation and assistance of appropriate state agencies, community mental health centers and clinics, hospitals, doctors, law enforcement officials, courts, ministers, and any and all other public or private agencies or organizations involved in or dedicated to providing services to those persons who have alcohol or drug abuse-related problems;

(19) Develop and promulgate standards and rules for accrediting, certifying, and licensing alcohol and drug abuse prevention, treatment, and rehabilitation programs and facilities within the state, under the supervision and direction of the secretary, provided that the standards and rules shall not supersede standards and rules promulgated by other state agencies for programs or facilities whose primary mission is not alcohol and drug abuse prevention, treatment, and rehabilitation;

(20) Review the regulations, guidelines, requirements, and procedures of state and federally funded operating agencies in terms of their consistency with state alcohol and drug abuse prevention policies, priorities, procedures, and objectives and assist the agencies in making changes therein as may be appropriate;

(21) Maintain a liaison with all state and local agencies concerned with drug traffic prevention;

(22) Conduct annual site visits to all state and federally funded alcohol and drug abuse programs and facilities to determine their compliance with the standards and rules for accrediting, certifying, and licensing as set forth in subdivision (b)(19) of this section;

(23) Apply for and assist others in applying for state, private, or federal grants-in-aid and, with the advice and counsel of the advisory council, approve applications for state and federal grants and enter into grants and contracts with public agencies, institutes of higher education, and private organizations or individuals for the purpose of carrying out research, prevention, education, training, treatment, intervention, and rehabilitation activities or special projects which bear directly on the problems related to alcohol and drug abuse or misuse. The contracts or grants may be entered into for these purposes without performance bonds;

(24) Be the primary agency responsible for receiving and disbursing all state, federal, and other public moneys collected for the purpose of combating alcohol and drug abuse-related problems in this state and to account for such receipts and disbursals as are made; and

(25) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as may be necessary to carry out the purposes and intent of this subchapter.

Amended by Act 2019, No. 315,§ 2233, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2232, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2231, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5212, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5211, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5210, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5209, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5208, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 92, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 20, eff. 8/16/2013.

Acts 1977, No. 644, § 1; A.S.A. 1947, § 82-2132.
Ark. Code Ann. § 20-16-1103 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1103
Unborn child pain awareness information
Status: in_force

Except in the case of a medical emergency: (1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person: (A) She has the right to review the printed materials described in § 20-16-1105 ; (B) These materials are available on a state-sponsored website; and (C) What the website address is; (2) The physician or the physician's agent shall orally inform the pregnant female that: (A) The materials have been provided by the State of Arkansas; and (B) They contain information on pain in relation to the unborn child; (3) If the pregnant female chooses to view the materials other than on the website, the materials shall either: (A) Be given to her at least twenty-four (24) hours before the abortion; or (B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female; (4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording; (5) The pregnant female shall certify in writing before the abortion that: (A) The information described in subdivision (1) of this section has been furnished to her; and (B) She has been informed of her opportunity to review the printed materials described in § 20-16-1105 ; and (6) Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall: (A) Obtain a copy of the written certification required under subdivision (5) of this section; and (B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt. Acts 2005, No. 1696, § 1.

Except in the case of a medical emergency:

(1) At least twenty-four (24) hours before an abortion is performed on an unborn child whose probable gestational age is twenty (20) weeks or more, the physician performing the abortion or the physician's agent shall inform the pregnant female by telephone or in person: (A) She has the right to review the printed materials described in § 20-16-1105 ; (B) These materials are available on a state-sponsored website; and (C) What the website address is;

(A) She has the right to review the printed materials described in § 20-16-1105 ;

(B) These materials are available on a state-sponsored website; and

(C) What the website address is;

(2) The physician or the physician's agent shall orally inform the pregnant female that: (A) The materials have been provided by the State of Arkansas; and (B) They contain information on pain in relation to the unborn child;

(A) The materials have been provided by the State of Arkansas; and

(B) They contain information on pain in relation to the unborn child;

(3) If the pregnant female chooses to view the materials other than on the website, the materials shall either: (A) Be given to her at least twenty-four (24) hours before the abortion; or (B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;

(A) Be given to her at least twenty-four (24) hours before the abortion; or

(B) Mailed to her at least seventy-two (72) hours before the abortion by certified mail, restricted delivery to addressee, so that the postal employee may deliver the mail only to the pregnant female;

(4) If provisions are made to record or otherwise register specifically whether the female does or does not choose to have the printed materials given or mailed to her, the information required by this section may be provided by a tape recording;

(5) The pregnant female shall certify in writing before the abortion that: (A) The information described in subdivision (1) of this section has been furnished to her; and (B) She has been informed of her opportunity to review the printed materials described in § 20-16-1105 ; and

(A) The information described in subdivision (1) of this section has been furnished to her; and

(B) She has been informed of her opportunity to review the printed materials described in § 20-16-1105 ; and

(6) Before the abortion is performed, the physician who is to perform the abortion or the physician's agent shall: (A) Obtain a copy of the written certification required under subdivision (5) of this section; and (B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt.

(A) Obtain a copy of the written certification required under subdivision (5) of this section; and

(B) Retain it on file with the female's medical record for at least three (3) years following the date of receipt.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-10-907 — AR Code / Title 20 / Chapter 10 / Subchapter 9 / Section 20-10-907
Emergency appointment
Status: in_force

(a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator. (b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court. (c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in § 20-10-905(d) . (d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days. Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2007, No. 827, § 152.

(a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator.

(b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.

(c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in § 20-10-905(d) .

(d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.

Acts 1988 (4th Ex. Sess.), No. 3, § 1; 1988 (4th Ex. Sess.), No. 13, § 1; 2007, No. 827, § 152.
Ark. Code Ann. § 20-21-222 — AR Code / Title 20 / Chapter 21 / Subchapter 2 / Section 20-21-222
Administrative proceedings
Status: in_force

(a) Under this subchapter: (1) In any proceeding for the issuance or modification of rules relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both; (2) In any proceeding for the denial of an application for a license or registration or for revocation, suspension, or modification of a license or registration, the agency shall provide to the applicant, licensee, or registrant an opportunity for a hearing on the record; (3) In any proceeding for licensing commercial burial of radioactive waste, the agency shall provide: (A) An opportunity, after public notice, for written comments and a public hearing with a transcript; (B) An opportunity for cross examination; and (C) A written determination of the action to be taken that is based upon findings included in the determination and upon evidence presented during the public comment period; (4) (A) In any proceeding for licensing commercial burial of radioactive waste, the agency shall prepare for each licensed activity that has a significant impact on the human environment a written analysis of the impact of the activity on the environment. (B) The environmental impact analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include: (i) An assessment of the radiological and nonradiological impacts to the public health; (ii) An assessment of any impact on any waterway and groundwater; (iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and (5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section before completion of such analysis. (b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a rule or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing. (c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of issuance of the order. Amended by Act 2021, No. 268,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2026, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2025, eff. 7/24/2019. Acts 1961 (2nd Ex. Sess.), No. 8, § 10; 1983, No. 19, § 8; A.S.A. 1947, § 82-1521.

(a) Under this subchapter: (1) In any proceeding for the issuance or modification of rules relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both; (2) In any proceeding for the denial of an application for a license or registration or for revocation, suspension, or modification of a license or registration, the agency shall provide to the applicant, licensee, or registrant an opportunity for a hearing on the record; (3) In any proceeding for licensing commercial burial of radioactive waste, the agency shall provide: (A) An opportunity, after public notice, for written comments and a public hearing with a transcript; (B) An opportunity for cross examination; and (C) A written determination of the action to be taken that is based upon findings included in the determination and upon evidence presented during the public comment period; (4) (A) In any proceeding for licensing commercial burial of radioactive waste, the agency shall prepare for each licensed activity that has a significant impact on the human environment a written analysis of the impact of the activity on the environment. (B) The environmental impact analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include: (i) An assessment of the radiological and nonradiological impacts to the public health; (ii) An assessment of any impact on any waterway and groundwater; (iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and (5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section before completion of such analysis.

(1) In any proceeding for the issuance or modification of rules relating to control of sources of ionizing radiation, the State Radiation Control Agency shall provide an opportunity for public participation through written comments or a public hearing, or both;

(2) In any proceeding for the denial of an application for a license or registration or for revocation, suspension, or modification of a license or registration, the agency shall provide to the applicant, licensee, or registrant an opportunity for a hearing on the record;

(3) In any proceeding for licensing commercial burial of radioactive waste, the agency shall provide: (A) An opportunity, after public notice, for written comments and a public hearing with a transcript; (B) An opportunity for cross examination; and (C) A written determination of the action to be taken that is based upon findings included in the determination and upon evidence presented during the public comment period;

(A) An opportunity, after public notice, for written comments and a public hearing with a transcript;

(B) An opportunity for cross examination; and

(C) A written determination of the action to be taken that is based upon findings included in the determination and upon evidence presented during the public comment period;

(4) (A) In any proceeding for licensing commercial burial of radioactive waste, the agency shall prepare for each licensed activity that has a significant impact on the human environment a written analysis of the impact of the activity on the environment. (B) The environmental impact analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include: (i) An assessment of the radiological and nonradiological impacts to the public health; (ii) An assessment of any impact on any waterway and groundwater; (iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and

(A) In any proceeding for licensing commercial burial of radioactive waste, the agency shall prepare for each licensed activity that has a significant impact on the human environment a written analysis of the impact of the activity on the environment.

(B) The environmental impact analysis shall be available to the public before the commencement of hearings held pursuant to subdivision (a)(3) of this section and shall include: (i) An assessment of the radiological and nonradiological impacts to the public health; (ii) An assessment of any impact on any waterway and groundwater; (iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and (iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and

(i) An assessment of the radiological and nonradiological impacts to the public health;

(ii) An assessment of any impact on any waterway and groundwater;

(iii) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted; and

(iv) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after the decommissioning, decontamination, and reclamation; and

(5) The agency shall prohibit any major construction with respect to any activity for which an environmental impact analysis is required by subdivision (a)(4) of this section before completion of such analysis.

(b) (1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a rule or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency. (2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately. (3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days. (4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.

(1) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may without notice or hearing issue a rule or order reciting the existence of the emergency and requiring that the action be taken as is necessary to meet the emergency.

(2) Notwithstanding any provision of this subchapter, the rule or order shall be effective immediately.

(3) Any person to whom the rule or order is directed shall comply with the rule or order immediately but, on application to the agency, shall be afforded a hearing within ten (10) days.

(4) On the basis of the hearing, the emergency rule or order shall be continued, modified, or revoked within thirty (30) days after the hearing.

(c) Any final order entered in any proceeding under this section may be appealed to the Pulaski County Circuit Court within twenty (20) days from the date of issuance of the order.

Amended by Act 2021, No. 268,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2026, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2025, eff. 7/24/2019.

Acts 1961 (2nd Ex. Sess.), No. 8, § 10; 1983, No. 19, § 8; A.S.A. 1947, § 82-1521.
Ark. Code Ann. § 20-76-116 — AR Code / Title 20 / Chapter 76 / Subchapter 1 / Section 20-76-116
Targeted incentive and instruction program for the Supplemental Nutrition Assistance Program
Status: in_force

(a) To the extent possible, the Department of Human Services shall: (1) Support and participate in viable programs such as the Double Up Food Bucks Incentive Program along with Healthy Active Arkansas partners that offer incentives for healthy food purchases by recipients of Supplemental Nutrition Assistance Program benefits; and (2) Authorize targeted nutrition education programming at locations operated by Healthy Active Arkansas partners that are authorized in the targeted nutrition education programming plan of operations. (b) To increase the success of the targeted nutrition education program, the department shall authorize nutrition education programs that are made available through private grants to be offered in targeted areas. (c) The department may authorize: (1) The Arkansas Hunger Relief Alliance in cooperation with the Arkansas Coalition for Obesity Prevention as part of the Governor's Healthy Active Arkansas framework to offer targeted nutrition education programs; and (2) Other entities providing private funds in cooperation with the department and the Arkansas Coalition for Obesity Prevention as part of the Healthy Active Arkansas framework to offer targeted nutrition education programs. Added by Act 2017, No. 1101,§ 1, eff. 8/1/2017.

(a) To the extent possible, the Department of Human Services shall: (1) Support and participate in viable programs such as the Double Up Food Bucks Incentive Program along with Healthy Active Arkansas partners that offer incentives for healthy food purchases by recipients of Supplemental Nutrition Assistance Program benefits; and (2) Authorize targeted nutrition education programming at locations operated by Healthy Active Arkansas partners that are authorized in the targeted nutrition education programming plan of operations.

(1) Support and participate in viable programs such as the Double Up Food Bucks Incentive Program along with Healthy Active Arkansas partners that offer incentives for healthy food purchases by recipients of Supplemental Nutrition Assistance Program benefits; and

(2) Authorize targeted nutrition education programming at locations operated by Healthy Active Arkansas partners that are authorized in the targeted nutrition education programming plan of operations.

(b) To increase the success of the targeted nutrition education program, the department shall authorize nutrition education programs that are made available through private grants to be offered in targeted areas.

(c) The department may authorize: (1) The Arkansas Hunger Relief Alliance in cooperation with the Arkansas Coalition for Obesity Prevention as part of the Governor's Healthy Active Arkansas framework to offer targeted nutrition education programs; and (2) Other entities providing private funds in cooperation with the department and the Arkansas Coalition for Obesity Prevention as part of the Healthy Active Arkansas framework to offer targeted nutrition education programs.

(1) The Arkansas Hunger Relief Alliance in cooperation with the Arkansas Coalition for Obesity Prevention as part of the Governor's Healthy Active Arkansas framework to offer targeted nutrition education programs; and

(2) Other entities providing private funds in cooperation with the department and the Arkansas Coalition for Obesity Prevention as part of the Healthy Active Arkansas framework to offer targeted nutrition education programs.

Added by Act 2017, No. 1101,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1014 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1014
Permanent maintenance fund trustees
Status: in_force

(a) The net income from the permanent maintenance fund shall only be used for general maintenance, administration, and preservation of the perpetual care cemetery. (b) (1) A cemetery company shall establish a permanent maintenance fund with or transfer the permanent maintenance fund to: (A) A state or national bank or federal savings bank with trust powers; (B) (i) Three (3) trustees. (ii) If the cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, the trustees shall: (a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and (b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year. (iii) If a cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, no more than one (1) of the trustees may have a direct or indirect financial interest in the perpetual care cemetery; or (C) An individual trustee who: (i) Shall deposit with the board a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year; and (ii) On behalf of the cemetery company shall deposit all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if: (a) The funds deposited are federally insured; (b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and (c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter. (2) If a permanent maintenance fund of a cemetery contains less than ten thousand dollars ($10,000), a bond is not required when a cemetery has designated trustees under subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section. (c) (1) The board may require a trustee who fails to protect the principal of the permanent maintenance fund under § 20-17-1013 to pay an additional contribution to the permanent maintenance fund of twenty-five dollars ($25.00) per day for each day that the principal is deficient. (2) The additional contribution made under subdivision (c)(1) of this section shall not exceed a total of one thousand dollars ($1,000) for a continuous violation. Amended by Act 2021, No. 731,§ 9, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 46, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 45, eff. 7/1/2018. Amended by Act 2013, No. 390,§ 5, eff. 8/16/2013. Acts 1977, No. 352, § 13; A.S.A. 1947, § 82-426.13; Acts 2011, No. 590, § 5; 2011, No. 1148, § 1.

(a) The net income from the permanent maintenance fund shall only be used for general maintenance, administration, and preservation of the perpetual care cemetery.

(b) (1) A cemetery company shall establish a permanent maintenance fund with or transfer the permanent maintenance fund to: (A) A state or national bank or federal savings bank with trust powers; (B) (i) Three (3) trustees. (ii) If the cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, the trustees shall: (a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and (b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year. (iii) If a cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, no more than one (1) of the trustees may have a direct or indirect financial interest in the perpetual care cemetery; or (C) An individual trustee who: (i) Shall deposit with the board a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year; and (ii) On behalf of the cemetery company shall deposit all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if: (a) The funds deposited are federally insured; (b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and (c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter. (2) If a permanent maintenance fund of a cemetery contains less than ten thousand dollars ($10,000), a bond is not required when a cemetery has designated trustees under subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section.

(1) A cemetery company shall establish a permanent maintenance fund with or transfer the permanent maintenance fund to: (A) A state or national bank or federal savings bank with trust powers; (B) (i) Three (3) trustees. (ii) If the cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, the trustees shall: (a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and (b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year. (iii) If a cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, no more than one (1) of the trustees may have a direct or indirect financial interest in the perpetual care cemetery; or (C) An individual trustee who: (i) Shall deposit with the board a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year; and (ii) On behalf of the cemetery company shall deposit all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if: (a) The funds deposited are federally insured; (b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and (c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter.

(A) A state or national bank or federal savings bank with trust powers;

(B) (i) Three (3) trustees. (ii) If the cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, the trustees shall: (a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and (b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year. (iii) If a cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, no more than one (1) of the trustees may have a direct or indirect financial interest in the perpetual care cemetery; or

(i) Three (3) trustees.

(ii) If the cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, the trustees shall: (a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and (b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year.

(a) Designate one (1) of the three (3) trustees to make disbursements from the trust fund; and

(b) The disbursing trustee described in subdivision (b)(1)(B)(ii) (a) of this section shall deposit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year.

(iii) If a cemetery company has a permanent maintenance fund with three (3) trustees as described in subdivision (b)(1)(B)(i) of this section, no more than one (1) of the trustees may have a direct or indirect financial interest in the perpetual care cemetery; or

(C) An individual trustee who: (i) Shall deposit with the board a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year; and (ii) On behalf of the cemetery company shall deposit all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if: (a) The funds deposited are federally insured; (b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and (c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter.

(i) Shall deposit with the board a fidelity bond with corporate surety payable to the trust fund in a penal sum not less than eighty percent (80%) of the value of the trust fund principal at the beginning of each calendar year; and

(ii) On behalf of the cemetery company shall deposit all permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association in this state not less than forty-five (45) days after collection if: (a) The funds deposited are federally insured; (b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and (c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter.

(a) The funds deposited are federally insured;

(b) The funds are restricted to prevent the principal amount of the funds from being withdrawn without the written approval of and on a form approved by the board; and

(c) Not less than one (1) time per year the net income from the funds may be withdrawn by the individual trustee on behalf of the cemetery company for purposes permitted by this subchapter.

(2) If a permanent maintenance fund of a cemetery contains less than ten thousand dollars ($10,000), a bond is not required when a cemetery has designated trustees under subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section.

(c) (1) The board may require a trustee who fails to protect the principal of the permanent maintenance fund under § 20-17-1013 to pay an additional contribution to the permanent maintenance fund of twenty-five dollars ($25.00) per day for each day that the principal is deficient. (2) The additional contribution made under subdivision (c)(1) of this section shall not exceed a total of one thousand dollars ($1,000) for a continuous violation.

(1) The board may require a trustee who fails to protect the principal of the permanent maintenance fund under § 20-17-1013 to pay an additional contribution to the permanent maintenance fund of twenty-five dollars ($25.00) per day for each day that the principal is deficient.

(2) The additional contribution made under subdivision (c)(1) of this section shall not exceed a total of one thousand dollars ($1,000) for a continuous violation.

Amended by Act 2021, No. 731,§ 9, eff. 7/28/2021.

Amended by Act 2017, No. 788,§ 46, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 45, eff. 7/1/2018.

Amended by Act 2013, No. 390,§ 5, eff. 8/16/2013.

Acts 1977, No. 352, § 13; A.S.A. 1947, § 82-426.13; Acts 2011, No. 590, § 5; 2011, No. 1148, § 1.
Ark. Code Ann. § 20-60-212 — AR Code / Title 20 / Chapter 60 / Subchapter 2 / Section 20-60-212
Cost
Status: in_force

(a) (1) The cost of inspection rendered under this subchapter shall be borne by this state. (2) (A) The cost of overtime and holiday work performed in official establishments subject to this subchapter shall be borne and paid by the official establishments. (B) The rates for the cost of overtime and holiday work shall be billed at a minimum of two (2) hours at the appropriate hourly rate. (C) The hourly rates for the cost of overtime and holiday work performed in official establishments shall be set as follows: (i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday; (ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and (iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture. (3) An inspector performing overtime and holiday work shall be treated as though he or she were on compensatory leave and be compensated at a compensatory rate equal to the rate set by this section. (b) The sums necessary to carry out the provisions of this subchapter may be appropriated. (c) (1) The department may collect fees for services required to be performed under this subchapter relating to the inspection of animals, birds, or products that are not regulated under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021. (2) The Secretary of the Department of Agriculture shall set, by rule, the inspection fee in an amount sufficient to recover the department's costs of providing services as described in subdivision (c)(1) of this section. Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021. Amended by Act 2019, No. 910,§ 5081, eff. 7/1/2019. Acts 1967, No. 320, §§ 16, 17; A.S.A. 1947, §§ 82-2016, 82-2017.

(a) (1) The cost of inspection rendered under this subchapter shall be borne by this state. (2) (A) The cost of overtime and holiday work performed in official establishments subject to this subchapter shall be borne and paid by the official establishments. (B) The rates for the cost of overtime and holiday work shall be billed at a minimum of two (2) hours at the appropriate hourly rate. (C) The hourly rates for the cost of overtime and holiday work performed in official establishments shall be set as follows: (i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday; (ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and (iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture. (3) An inspector performing overtime and holiday work shall be treated as though he or she were on compensatory leave and be compensated at a compensatory rate equal to the rate set by this section.

(1) The cost of inspection rendered under this subchapter shall be borne by this state.

(2) (A) The cost of overtime and holiday work performed in official establishments subject to this subchapter shall be borne and paid by the official establishments. (B) The rates for the cost of overtime and holiday work shall be billed at a minimum of two (2) hours at the appropriate hourly rate. (C) The hourly rates for the cost of overtime and holiday work performed in official establishments shall be set as follows: (i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday; (ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and (iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture.

(A) The cost of overtime and holiday work performed in official establishments subject to this subchapter shall be borne and paid by the official establishments.

(B) The rates for the cost of overtime and holiday work shall be billed at a minimum of two (2) hours at the appropriate hourly rate.

(C) The hourly rates for the cost of overtime and holiday work performed in official establishments shall be set as follows: (i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday; (ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and (iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture.

(i) Twenty-five dollars ($25.00) per hour for inspections provided for more than forty (40) hours in any workweek Monday through Friday;

(ii) Thirty dollars ($30.00) per hour for inspections provided on a Saturday or Sunday that is not otherwise a legal holiday; and

(iii) Thirty-five dollars ($35.00) per hour for inspections provided on days of public rest and legal holidays, other than Saturdays and Sundays, observed by the Department of Agriculture.

(3) An inspector performing overtime and holiday work shall be treated as though he or she were on compensatory leave and be compensated at a compensatory rate equal to the rate set by this section.

(b) The sums necessary to carry out the provisions of this subchapter may be appropriated.

(c) (1) The department may collect fees for services required to be performed under this subchapter relating to the inspection of animals, birds, or products that are not regulated under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021. (2) The Secretary of the Department of Agriculture shall set, by rule, the inspection fee in an amount sufficient to recover the department's costs of providing services as described in subdivision (c)(1) of this section.

(1) The department may collect fees for services required to be performed under this subchapter relating to the inspection of animals, birds, or products that are not regulated under the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., as in effect on January 1, 2021.

(2) The Secretary of the Department of Agriculture shall set, by rule, the inspection fee in an amount sufficient to recover the department's costs of providing services as described in subdivision (c)(1) of this section.

Amended by Act 2021, No. 418,§ 2, eff. 3/23/2021.

Amended by Act 2019, No. 910,§ 5081, eff. 7/1/2019.

Acts 1967, No. 320, §§ 16, 17; A.S.A. 1947, §§ 82-2016, 82-2017.
Ark. Code Ann. § 20-16-1111 — AR Code / Title 20 / Chapter 16 / Subchapter 11 / Section 20-16-1111
Protection of privacy in court proceedings
Status: in_force

(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure. (b) (1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female. (2) If the court determines that the female's anonymity should be preserved, that court shall: (A) Issue appropriate orders to the parties, witnesses, and counsel; (B) Direct the sealing of the record; and (C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female. (3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) Why no reasonable less restrictive alternative exists; and (D) How the order is narrowly tailored to preserve the anonymity of the female. (c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under § 20-16-1110(a) shall do so under a pseudonym. (d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant. Acts 2005, No. 1696, § 1.

(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure.

(b) (1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female. (2) If the court determines that the female's anonymity should be preserved, that court shall: (A) Issue appropriate orders to the parties, witnesses, and counsel; (B) Direct the sealing of the record; and (C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female. (3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) Why no reasonable less restrictive alternative exists; and (D) How the order is narrowly tailored to preserve the anonymity of the female.

(1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female.

(2) If the court determines that the female's anonymity should be preserved, that court shall: (A) Issue appropriate orders to the parties, witnesses, and counsel; (B) Direct the sealing of the record; and (C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.

(A) Issue appropriate orders to the parties, witnesses, and counsel;

(B) Direct the sealing of the record; and

(C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female.

(3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) Why no reasonable less restrictive alternative exists; and (D) How the order is narrowly tailored to preserve the anonymity of the female.

(A) Why the anonymity of the female should be preserved from public disclosure;

(B) Why the order is essential to that end;

(C) Why no reasonable less restrictive alternative exists; and

(D) How the order is narrowly tailored to preserve the anonymity of the female.

(c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under § 20-16-1110(a) shall do so under a pseudonym.

(d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.

Acts 2005, No. 1696, § 1.
Ark. Code Ann. § 20-76-702 — AR Code / Title 20 / Chapter 76 / Subchapter 7 / Section 20-76-702
Definitions
Status: in_force

As used in this subchapter: (1) "Caretaker relative" means any of the following individuals living with a minor child: (A) A parent or stepparent; (B) A grandparent; (C) A sibling, half-sibling, or stepsibling; (D) An aunt or uncle of any degree; (E) A first cousin, nephew, or niece; and (F) A relative by adoption within the previously named classes; (2) "Chain of custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all materials or substances, providing accountability at each stage in handling, testing, and storing specimens and reporting test results; (3) "Confirmation test" means a second analytical procedure used to identify the presence of a specific drug or drug metabolite in a specimen, which test may be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy; (4) (A) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine. (B) The Secretary of the Department of Human Services may add under the definition of subdivision (4)(A) of this section additional drugs by rule; (5) "Drug test" means any chemical, biological, or physical instrumental analysis administered by a drug testing agency authorized to test under this subchapter for the purpose of determining the presence or absence of a drug or its metabolites; (6) "Drug testing agency" means an entity that has the required credentials as established by the Department of Human Services to administer drug tests using a person's urine, blood, or DNA that will detect and validate the presence of drugs in a person's body; (7) "Drug treatment program" means a service provider that provides confidential, timely, and expert identification, assessment, and resolution of drug or alcohol abuse problems affecting a person; (8) "Five-panel drug test" means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine; (9) "Protective payee" means a caretaker relative or legal guardian of a minor child unless the caretaker relative who is an applicant for Temporary Assistance for Needy Families Program benefits receives a positive result on a drug test; and (10) "Specimen" means tissue, fluid, or a product of the human body capable of revealing the presence of drugs or drug metabolites. Amended by Act 2023, No. 832,§ 22, eff. 7/1/2023. Amended by Act 2023, No. 832,§ 21, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 546, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 545, eff. 7/1/2019. Amended by Act 2015EX1, No. 3,§ 2, eff. 7/22/2015. Amended by Act 2015EX1, No. 2,§ 2, eff. 7/22/2015. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Caretaker relative" means any of the following individuals living with a minor child: (A) A parent or stepparent; (B) A grandparent; (C) A sibling, half-sibling, or stepsibling; (D) An aunt or uncle of any degree; (E) A first cousin, nephew, or niece; and (F) A relative by adoption within the previously named classes;

(A) A parent or stepparent;

(B) A grandparent;

(C) A sibling, half-sibling, or stepsibling;

(D) An aunt or uncle of any degree;

(E) A first cousin, nephew, or niece; and

(F) A relative by adoption within the previously named classes;

(2) "Chain of custody" means the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all materials or substances, providing accountability at each stage in handling, testing, and storing specimens and reporting test results;

(3) "Confirmation test" means a second analytical procedure used to identify the presence of a specific drug or drug metabolite in a specimen, which test may be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity, sensitivity, and quantitative accuracy;

(4) (A) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine. (B) The Secretary of the Department of Human Services may add under the definition of subdivision (4)(A) of this section additional drugs by rule;

(A) "Drug" means marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine.

(B) The Secretary of the Department of Human Services may add under the definition of subdivision (4)(A) of this section additional drugs by rule;

(5) "Drug test" means any chemical, biological, or physical instrumental analysis administered by a drug testing agency authorized to test under this subchapter for the purpose of determining the presence or absence of a drug or its metabolites;

(6) "Drug testing agency" means an entity that has the required credentials as established by the Department of Human Services to administer drug tests using a person's urine, blood, or DNA that will detect and validate the presence of drugs in a person's body;

(7) "Drug treatment program" means a service provider that provides confidential, timely, and expert identification, assessment, and resolution of drug or alcohol abuse problems affecting a person;

(8) "Five-panel drug test" means a test for marijuana, cocaine, methamphetamine, amphetamine, and opiates, including without limitation morphine;

(9) "Protective payee" means a caretaker relative or legal guardian of a minor child unless the caretaker relative who is an applicant for Temporary Assistance for Needy Families Program benefits receives a positive result on a drug test; and

(10) "Specimen" means tissue, fluid, or a product of the human body capable of revealing the presence of drugs or drug metabolites.

Amended by Act 2023, No. 832,§ 22, eff. 7/1/2023.

Amended by Act 2023, No. 832,§ 21, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 546, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 545, eff. 7/1/2019.

Amended by Act 2015EX1, No. 3,§ 2, eff. 7/22/2015.

Amended by Act 2015EX1, No. 2,§ 2, eff. 7/22/2015.

Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-8-113 — AR Code / Title 20 / Chapter 8 / Subchapter 1 / Section 20-8-113
Findings
Status: in_force

The General Assembly finds and determines that: (1) The Division of Youth Services is obligated by law to provide appropriate care to juveniles adjudicated delinquent and committed to the division's custody; (2) The division, pursuant to judicial decrees, assumes custody of delinquent juveniles with little or no notice; (3) The nature of the criminal conduct engaged in by the juvenile may create the necessity to segregate these juveniles within treatment facilities, thereby denying the division otherwise available beds; (4) The division must secure sufficient facilities for the care of delinquent juveniles in its custody; (5) The need for these facilities may vary substantially from the needs anticipated by the Department of Human Services or by the Health Services Permit Commission; and (6) No permit of approval should be required for facilities or beds contracted for or otherwise provided for delinquent youth committed to the custody of the division or the beds provided for delinquent youth counted against the authorized beds otherwise provided by a facility or organization with a permit of approval. Acts 2001, No. 1583, § 1.

The General Assembly finds and determines that:

(1) The Division of Youth Services is obligated by law to provide appropriate care to juveniles adjudicated delinquent and committed to the division's custody;

(2) The division, pursuant to judicial decrees, assumes custody of delinquent juveniles with little or no notice;

(3) The nature of the criminal conduct engaged in by the juvenile may create the necessity to segregate these juveniles within treatment facilities, thereby denying the division otherwise available beds;

(4) The division must secure sufficient facilities for the care of delinquent juveniles in its custody;

(5) The need for these facilities may vary substantially from the needs anticipated by the Department of Human Services or by the Health Services Permit Commission; and

(6) No permit of approval should be required for facilities or beds contracted for or otherwise provided for delinquent youth committed to the custody of the division or the beds provided for delinquent youth counted against the authorized beds otherwise provided by a facility or organization with a permit of approval.

Acts 2001, No. 1583, § 1.
Ark. Code Ann. § 20-9-501 — AR Code / Title 20 / Chapter 9 / Subchapter 5 / Section 20-9-501
Definition
Status: in_force

As used in this subchapter, "peer review committee" or "committee" means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state that is formed to: (1) Evaluate and improve the quality of health care rendered by providers of health services; or (2) Determine that: (A) Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or (B) The cost of health care rendered was considered reasonable by the providers of professional health services in the area. Amended by Act 2013, No. 441,§ 1, eff. 8/16/2013. Acts 1975, No. 191, § 1; A.S.A. 1947, § 82-3201; Acts 1999, No. 1536, § 9.

As used in this subchapter, "peer review committee" or "committee" means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state that is formed to:

(1) Evaluate and improve the quality of health care rendered by providers of health services; or

(2) Determine that: (A) Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or (B) The cost of health care rendered was considered reasonable by the providers of professional health services in the area.

(A) Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or

(B) The cost of health care rendered was considered reasonable by the providers of professional health services in the area.

Amended by Act 2013, No. 441,§ 1, eff. 8/16/2013.

Acts 1975, No. 191, § 1; A.S.A. 1947, § 82-3201; Acts 1999, No. 1536, § 9.
Ark. Code Ann. § 20-16-2203 — AR Code / Title 20 / Chapter 16 / Subchapter 22 / Section 20-16-2203
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Destructive embryo research" means medical procedures, scientific or laboratory research, or other types of investigation that kill or injure the human embryo subject of the procedure or research. (B) "Destructive embryo research" does not include: (i) In vitro fertilization and accompanying embryo transfer to the body of a woman; (ii) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; or (iii) Any diagnostic procedure that benefits the human embryo subject of the procedure or research while not imposing risks greater than those considered acceptable for other human research subjects; (2) "Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development that is derived by fertilization, parthenogenesis, human cloning, or any other means from one (1) or more human gametes or human diploid cells; (3) "Embryonic stem cell" means a stem cell obtained from an embryo of the species Homo sapiens; (4) "Human cloning" means human asexual reproduction accomplished by: (A) Introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically identical to an existing or previously existing human organism; (B) Artificially subdividing a human embryo at any time from the two-cell stage onward resulting in more than one (1) human organism; or (C) Introducing pluripotent stem cells from any source into a human embryo or artificially manufactured human embryo or trophoblast under conditions where the introduced cells generate all or most of the body tissues of the developing organism; (5) "Public funds" means without limitation: (A) Moneys received or collected by the state or any official, department, division, agency, or educational or political subdivision of the state, including without limitation: (i) Moneys derived from federal, state, or local taxes; (ii) Gifts or grants from any source; (iii) Settlement of any claim or cause of action; (iv) Bond proceeds or investment income; (v) Federal grants or payments; or (vi) Intergovernmental transfers; and (B) Moneys received or controlled by an official, department, division, or agency of the state government or any educational or political subdivision of the state pursuant to an appropriation by the General Assembly; and (6) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development. Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.

As used in this subchapter:

(1) (A) "Destructive embryo research" means medical procedures, scientific or laboratory research, or other types of investigation that kill or injure the human embryo subject of the procedure or research. (B) "Destructive embryo research" does not include: (i) In vitro fertilization and accompanying embryo transfer to the body of a woman; (ii) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; or (iii) Any diagnostic procedure that benefits the human embryo subject of the procedure or research while not imposing risks greater than those considered acceptable for other human research subjects;

(A) "Destructive embryo research" means medical procedures, scientific or laboratory research, or other types of investigation that kill or injure the human embryo subject of the procedure or research.

(B) "Destructive embryo research" does not include: (i) In vitro fertilization and accompanying embryo transfer to the body of a woman; (ii) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; or (iii) Any diagnostic procedure that benefits the human embryo subject of the procedure or research while not imposing risks greater than those considered acceptable for other human research subjects;

(i) In vitro fertilization and accompanying embryo transfer to the body of a woman;

(ii) Research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans; or

(iii) Any diagnostic procedure that benefits the human embryo subject of the procedure or research while not imposing risks greater than those considered acceptable for other human research subjects;

(2) "Embryo" means an organism of the species Homo sapiens from the single cell stage to eight (8) weeks of development that is derived by fertilization, parthenogenesis, human cloning, or any other means from one (1) or more human gametes or human diploid cells;

(3) "Embryonic stem cell" means a stem cell obtained from an embryo of the species Homo sapiens;

(4) "Human cloning" means human asexual reproduction accomplished by: (A) Introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically identical to an existing or previously existing human organism; (B) Artificially subdividing a human embryo at any time from the two-cell stage onward resulting in more than one (1) human organism; or (C) Introducing pluripotent stem cells from any source into a human embryo or artificially manufactured human embryo or trophoblast under conditions where the introduced cells generate all or most of the body tissues of the developing organism;

(A) Introducing the genetic material from one (1) or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated so as to produce a living organism, at any stage of development, that is genetically identical to an existing or previously existing human organism;

(B) Artificially subdividing a human embryo at any time from the two-cell stage onward resulting in more than one (1) human organism; or

(C) Introducing pluripotent stem cells from any source into a human embryo or artificially manufactured human embryo or trophoblast under conditions where the introduced cells generate all or most of the body tissues of the developing organism;

(5) "Public funds" means without limitation: (A) Moneys received or collected by the state or any official, department, division, agency, or educational or political subdivision of the state, including without limitation: (i) Moneys derived from federal, state, or local taxes; (ii) Gifts or grants from any source; (iii) Settlement of any claim or cause of action; (iv) Bond proceeds or investment income; (v) Federal grants or payments; or (vi) Intergovernmental transfers; and (B) Moneys received or controlled by an official, department, division, or agency of the state government or any educational or political subdivision of the state pursuant to an appropriation by the General Assembly; and

(A) Moneys received or collected by the state or any official, department, division, agency, or educational or political subdivision of the state, including without limitation: (i) Moneys derived from federal, state, or local taxes; (ii) Gifts or grants from any source; (iii) Settlement of any claim or cause of action; (iv) Bond proceeds or investment income; (v) Federal grants or payments; or (vi) Intergovernmental transfers; and

(i) Moneys derived from federal, state, or local taxes;

(ii) Gifts or grants from any source;

(iii) Settlement of any claim or cause of action;

(iv) Bond proceeds or investment income;

(v) Federal grants or payments; or

(vi) Intergovernmental transfers; and

(B) Moneys received or controlled by an official, department, division, or agency of the state government or any educational or political subdivision of the state pursuant to an appropriation by the General Assembly; and

(6) "Somatic cell" means a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development.

Added by Act 2019, No. 653,§ 1, eff. 1/1/2020.
Ark. Code Ann. § 20-77-1202 — AR Code / Title 20 / Chapter 77 / Subchapter 12 / Section 20-77-1202
Purpose
Status: in_force

The purpose and intent of this subchapter is to establish a new optional categorically needy Medicaid eligibility group under section 4733 of the Balanced Budget Act of 1997 to provide medical assistance to disabled working persons whose family incomes are less than two hundred fifty percent (250%) of the federal poverty guidelines. Acts 1999, No. 1197, § 2.

The purpose and intent of this subchapter is to establish a new optional categorically needy Medicaid eligibility group under section 4733 of the Balanced Budget Act of 1997 to provide medical assistance to disabled working persons whose family incomes are less than two hundred fifty percent (250%) of the federal poverty guidelines.

Acts 1999, No. 1197, § 2.
Ark. Code Ann. § 20-27-1006 — AR Code / Title 20 / Chapter 27 / Subchapter 10 / Section 20-27-1006
License required - Exceptions
Status: in_force

(a) Any asbestos abatement consultant or asbestos abatement contractor shall obtain a license under this section from the Division of Environmental Quality before actively engaging in any asbestos demolition, renovation, or asbestos response action, and any training provider shall obtain a license under this section from the division before actively engaging in any asbestos training as provided by this subchapter. (b) (1) The application for license shall be made in the manner and form required by the division. An application for license or renewal of a license shall be accompanied by proof of liability insurance coverage in the form and amount required by the division and proof of training and examination as required by the division. (2) Training providers shall not be required to furnish proof of liability insurance coverage under subdivision (b)(1) of this section. (c) (1) The division shall license all applicants for licenses under this subchapter who satisfy the requirements of this subchapter. (2) Licenses shall be valid for a period of one (1) year. (3) Licenses shall be renewable upon application and upon satisfying the renewal requirements of the division. (d) State and federal governments and subdivisions thereof shall be exempt, except for training providers, from the license requirements of this section. Amended by Act 2019, No. 910,§ 3217, eff. 7/1/2019. Acts 1985, No. 394, § 5; A.S.A. 1947, § 82-1948; Acts 1987, No. 531, § 4; 1993, No. 817, § 4; 1997, No. 308, § 1.

(a) Any asbestos abatement consultant or asbestos abatement contractor shall obtain a license under this section from the Division of Environmental Quality before actively engaging in any asbestos demolition, renovation, or asbestos response action, and any training provider shall obtain a license under this section from the division before actively engaging in any asbestos training as provided by this subchapter.

(b) (1) The application for license shall be made in the manner and form required by the division. An application for license or renewal of a license shall be accompanied by proof of liability insurance coverage in the form and amount required by the division and proof of training and examination as required by the division. (2) Training providers shall not be required to furnish proof of liability insurance coverage under subdivision (b)(1) of this section.

(1) The application for license shall be made in the manner and form required by the division. An application for license or renewal of a license shall be accompanied by proof of liability insurance coverage in the form and amount required by the division and proof of training and examination as required by the division.

(2) Training providers shall not be required to furnish proof of liability insurance coverage under subdivision (b)(1) of this section.

(c) (1) The division shall license all applicants for licenses under this subchapter who satisfy the requirements of this subchapter. (2) Licenses shall be valid for a period of one (1) year. (3) Licenses shall be renewable upon application and upon satisfying the renewal requirements of the division.

(1) The division shall license all applicants for licenses under this subchapter who satisfy the requirements of this subchapter.

(2) Licenses shall be valid for a period of one (1) year.

(3) Licenses shall be renewable upon application and upon satisfying the renewal requirements of the division.

(d) State and federal governments and subdivisions thereof shall be exempt, except for training providers, from the license requirements of this section.

Amended by Act 2019, No. 910,§ 3217, eff. 7/1/2019.

Acts 1985, No. 394, § 5; A.S.A. 1947, § 82-1948; Acts 1987, No. 531, § 4; 1993, No. 817, § 4; 1997, No. 308, § 1.
Ark. Code Ann. § 20-48-105 — AR Code / Title 20 / Chapter 48 / Subchapter 1 / Section 20-48-105
Nonprofit community programs - Expansion of services
Status: in_force

(a) (1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities. (2) A designation by the Division of Developmental Disabilities Services of the Department of Human Services that a county is underserved with regard to a specific category of nonresidential services to adults with developmental disabilities establishes that an expansion of nonresidential services to adults with developmental disabilities in the underserved county is necessary. (b) (1) The division shall not issue a new license for operation of a nonprofit community program or approve an application from a nonprofit community program to implement additional nonresidential services to benefit adults with developmental disabilities that are not currently offered by the nonprofit community program unless the division has determined that: (A) The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or (B) (i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities. (ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities. (2) (A) The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved. (B) If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state. (C) If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation. (c) In granting an approval under this section, the division shall give approval in the following order of preference: (1) A qualified nonprofit community program with existing operations in the county that does not currently offer the specific category of nonresidential services to adults with developmental disabilities identified by the division as underserved; (2) A qualified nonprofit community program from another county in the state; (3) An accredited nonprofit entity in the underserved county; (4) An accredited nonprofit entity from another county in the state; and (5) An accredited nonprofit entity from outside the state. (d) (1) (A) A license from the division is required for operation of a nonprofit community program. (B) A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program. (2) (A) If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division. (B) If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet. Amended by Act 2013, No. 1017,§ 3, eff. 7/1/2013. Acts 1997, No. 1360, § 123; 2007, No. 645, § 3.

(a) (1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities. (2) A designation by the Division of Developmental Disabilities Services of the Department of Human Services that a county is underserved with regard to a specific category of nonresidential services to adults with developmental disabilities establishes that an expansion of nonresidential services to adults with developmental disabilities in the underserved county is necessary.

(1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities.

(2) A designation by the Division of Developmental Disabilities Services of the Department of Human Services that a county is underserved with regard to a specific category of nonresidential services to adults with developmental disabilities establishes that an expansion of nonresidential services to adults with developmental disabilities in the underserved county is necessary.

(b) (1) The division shall not issue a new license for operation of a nonprofit community program or approve an application from a nonprofit community program to implement additional nonresidential services to benefit adults with developmental disabilities that are not currently offered by the nonprofit community program unless the division has determined that: (A) The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or (B) (i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities. (ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities. (2) (A) The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved. (B) If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state. (C) If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.

(1) The division shall not issue a new license for operation of a nonprofit community program or approve an application from a nonprofit community program to implement additional nonresidential services to benefit adults with developmental disabilities that are not currently offered by the nonprofit community program unless the division has determined that: (A) The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or (B) (i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities. (ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities.

(A) The county in which the program seeks to operate is underserved with regard to a specific category of nonresidential services currently offered to adults with developmental disabilities and currently funded from available state or federal funds; or

(B) (i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities. (ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities.

(i) The county in which the program seeks to operate is underserved with regard to new services not currently available to adults with developmental disabilities and the new services should be made available to benefit adults with developmental disabilities.

(ii) State or federal funds are available in amounts necessary to support the delivery of new services not currently available to adults with developmental disabilities.

(2) (A) The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved. (B) If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state. (C) If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.

(A) The division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs with existing operations in the county designated by the division as underserved.

(B) If nonprofit community programs with existing operations in the county that do not currently offer the specific category of nonresidential services identified by the division as underserved determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide written notice by certified mail of its designation under subdivision (b)(1) of this section to all nonprofit community programs in the remainder of the state.

(C) If all nonprofit community programs in the remainder of the state determine not to expand the identified nonresidential service to adults with developmental disabilities in the underserved county, the division shall provide notice to the general public in a newspaper of statewide general circulation.

(c) In granting an approval under this section, the division shall give approval in the following order of preference: (1) A qualified nonprofit community program with existing operations in the county that does not currently offer the specific category of nonresidential services to adults with developmental disabilities identified by the division as underserved; (2) A qualified nonprofit community program from another county in the state; (3) An accredited nonprofit entity in the underserved county; (4) An accredited nonprofit entity from another county in the state; and (5) An accredited nonprofit entity from outside the state.

(1) A qualified nonprofit community program with existing operations in the county that does not currently offer the specific category of nonresidential services to adults with developmental disabilities identified by the division as underserved;

(2) A qualified nonprofit community program from another county in the state;

(3) An accredited nonprofit entity in the underserved county;

(4) An accredited nonprofit entity from another county in the state; and

(5) An accredited nonprofit entity from outside the state.

(d) (1) (A) A license from the division is required for operation of a nonprofit community program. (B) A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program. (2) (A) If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division. (B) If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet.

(1) (A) A license from the division is required for operation of a nonprofit community program. (B) A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program.

(A) A license from the division is required for operation of a nonprofit community program.

(B) A qualified nonprofit community program is required to apply to and obtain the approval of the division to implement additional nonresidential services to adults with developmental disabilities that are not currently offered by the qualified nonprofit community program.

(2) (A) If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division. (B) If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet.

(A) If an application is approved, the division shall issue a new license or service expansion approval if it finds that the proposed nonresidential service expansion meets the criteria for approval established by the division.

(B) If the application is denied, the division shall send written notice of the denial to the applicant that sets forth the criteria that the proposed nonresidential service expansion failed to meet.

Amended by Act 2013, No. 1017,§ 3, eff. 7/1/2013.

Acts 1997, No. 1360, § 123; 2007, No. 645, § 3.
Ark. Code Ann. § 20-83-105 — AR Code / Title 20 / Chapter 83 / Section 20-83-105
Nutrition education
Status: in_force

Nutrition education, including nutritional value, food preparation, storage, and safety, shall be provided for recipients by a collaborative effort between the Department of Health and the University of Arkansas Cooperative Extension Service. Acts 1993, No. 1218, § 5.

Nutrition education, including nutritional value, food preparation, storage, and safety, shall be provided for recipients by a collaborative effort between the Department of Health and the University of Arkansas Cooperative Extension Service.

Acts 1993, No. 1218, § 5.
Ark. Code Ann. § 20-22-707 — AR Code / Title 20 / Chapter 22 / Subchapter 7 / Section 20-22-707
License - Application and issuance
Status: in_force

(a) (1) (A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, retailer all-year, or shooter of fireworks, a first-time applicant shall submit to the State Fire Marshal an application on a form provided by the State Fire Marshal setting forth the information that the State Fire Marshal determines necessary to ensure public health, safety, and welfare. (B) The license for a manufacturer, importer, distributor, jobber, retailer, or retailer all-year shall be effective from the date of issuance through the next April 30. (C) The license for a shooter shall be valid for five (5) years from the date of issuance. (D) Upon approval of the application by the State Fire Marshal and before the issuance of the license, the applicant shall pay to the State Fire Marshal a license fee for each type of business conducted based on the following schedule: (i) Manufacturer............... $1,000.00 (ii) Importer............... 750.00 (iii) Distributor............... 500.00 (iv) Jobber...............100.00 (v) Retailer............... 25.00 (vi) Shooter............... 50.00 (vii) Retailer All-Year............... 500.00 (E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter. (2) (A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the Office of Fire Protection Services. The retailers' licenses shall be made available by the Office of Fire Protection Services to the vendor in books of twenty (20) licenses to a book. (B) The vendor shall record the sales of the licenses to retailers and submit its records to the State Fire Marshal semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period. (3) A person that does not obtain a required license commits a violation of this subchapter. (b) (1) A person may renew a license as a manufacturer, importer, distributor, jobber, retailer, or shooter by payment of the fee under subsection (a) of this section to the State Fire Marshal. (2) A license renewal application received by the State Fire Marshal after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, under subsection (a) of this section. (c) All funds collected under this subchapter by the State Fire Marshal, including license fees and penalties, shall be deposited into the State Treasury to the credit of the Fire Services Fund. (d) The State Fire Marshal shall assign a license number to each license issued. This number shall be affixed by the person to whom such a license is issued to all invoices issued or used by each manufacturer, importer, distributor, or jobber. (e) (1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be. (2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter. (3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas. (f) (1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person. (2) No permit or license shall be issued to a person under twenty-one (21) years of age. (3) (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received. (B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks. (C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold. (D) The records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year. (E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas. (g) Mail-order sales of fireworks to consumers through any medium of interstate or intrastate commerce are prohibited. Sales of fireworks to consumers may be made only at properly licensed retail locations within the State of Arkansas. Any person violating this subsection shall be guilty of a Class C misdemeanor. (h) The State Fire Marshal may revoke or deny an application for any license or permit at any time for violating any provision of this subchapter or for falsifying any information provided to the State Fire Marshal as part of an application for a license or permit. (i) The State Fire Marshal may promulgate rules necessary to enforce this subchapter. Amended by Act 2023, No. 841,§ 36, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6016, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6015, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6014, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6013, eff. 7/1/2019. Amended by Act 2017, No. 1093,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 28,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1000,§ 1, eff. 1/1/2014. Acts 1961, No. 224, § 8; 1977, No. 379, § 2; 1977, No. 504, §§ 1-4; 1985, No. 278, § 1; 1985, No. 1041, § 2; A.S.A. 1947, § 82-1708; Acts 1991, No. 677, § 1; 2005, No. 2204, § 4; 2009, No. 241, § 1.

(a) (1) (A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, retailer all-year, or shooter of fireworks, a first-time applicant shall submit to the State Fire Marshal an application on a form provided by the State Fire Marshal setting forth the information that the State Fire Marshal determines necessary to ensure public health, safety, and welfare. (B) The license for a manufacturer, importer, distributor, jobber, retailer, or retailer all-year shall be effective from the date of issuance through the next April 30. (C) The license for a shooter shall be valid for five (5) years from the date of issuance. (D) Upon approval of the application by the State Fire Marshal and before the issuance of the license, the applicant shall pay to the State Fire Marshal a license fee for each type of business conducted based on the following schedule: (i) Manufacturer............... $1,000.00 (ii) Importer............... 750.00 (iii) Distributor............... 500.00 (iv) Jobber...............100.00 (v) Retailer............... 25.00 (vi) Shooter............... 50.00 (vii) Retailer All-Year............... 500.00 (E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter. (2) (A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the Office of Fire Protection Services. The retailers' licenses shall be made available by the Office of Fire Protection Services to the vendor in books of twenty (20) licenses to a book. (B) The vendor shall record the sales of the licenses to retailers and submit its records to the State Fire Marshal semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period. (3) A person that does not obtain a required license commits a violation of this subchapter.

(1) (A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, retailer all-year, or shooter of fireworks, a first-time applicant shall submit to the State Fire Marshal an application on a form provided by the State Fire Marshal setting forth the information that the State Fire Marshal determines necessary to ensure public health, safety, and welfare. (B) The license for a manufacturer, importer, distributor, jobber, retailer, or retailer all-year shall be effective from the date of issuance through the next April 30. (C) The license for a shooter shall be valid for five (5) years from the date of issuance. (D) Upon approval of the application by the State Fire Marshal and before the issuance of the license, the applicant shall pay to the State Fire Marshal a license fee for each type of business conducted based on the following schedule: (i) Manufacturer............... $1,000.00 (ii) Importer............... 750.00 (iii) Distributor............... 500.00 (iv) Jobber...............100.00 (v) Retailer............... 25.00 (vi) Shooter............... 50.00 (vii) Retailer All-Year............... 500.00 (E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter.

(A) To be licensed as a manufacturer, importer, distributor, jobber, retailer, retailer all-year, or shooter of fireworks, a first-time applicant shall submit to the State Fire Marshal an application on a form provided by the State Fire Marshal setting forth the information that the State Fire Marshal determines necessary to ensure public health, safety, and welfare.

(B) The license for a manufacturer, importer, distributor, jobber, retailer, or retailer all-year shall be effective from the date of issuance through the next April 30.

(C) The license for a shooter shall be valid for five (5) years from the date of issuance.

(D) Upon approval of the application by the State Fire Marshal and before the issuance of the license, the applicant shall pay to the State Fire Marshal a license fee for each type of business conducted based on the following schedule: (i) Manufacturer............... $1,000.00 (ii) Importer............... 750.00 (iii) Distributor............... 500.00 (iv) Jobber...............100.00 (v) Retailer............... 25.00 (vi) Shooter............... 50.00 (vii) Retailer All-Year............... 500.00

(i) Manufacturer............... $1,000.00

(ii) Importer............... 750.00

(iii) Distributor............... 500.00

(iv) Jobber...............100.00

(v) Retailer............... 25.00

(vi) Shooter............... 50.00

(vii) Retailer All-Year............... 500.00

(E) The fee for a shooter shall be waived if the applicant verifies that he or she is a professional or volunteer firefighter.

(2) (A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the Office of Fire Protection Services. The retailers' licenses shall be made available by the Office of Fire Protection Services to the vendor in books of twenty (20) licenses to a book. (B) The vendor shall record the sales of the licenses to retailers and submit its records to the State Fire Marshal semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period.

(A) A retailer may purchase a license from its vendor if the vendor is a licensed importer, distributor, or jobber or from the Office of Fire Protection Services. The retailers' licenses shall be made available by the Office of Fire Protection Services to the vendor in books of twenty (20) licenses to a book.

(B) The vendor shall record the sales of the licenses to retailers and submit its records to the State Fire Marshal semiannually on January 31 and July 31 of each year. Each semiannual report shall cover the preceding six-month period.

(3) A person that does not obtain a required license commits a violation of this subchapter.

(b) (1) A person may renew a license as a manufacturer, importer, distributor, jobber, retailer, or shooter by payment of the fee under subsection (a) of this section to the State Fire Marshal. (2) A license renewal application received by the State Fire Marshal after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, under subsection (a) of this section.

(1) A person may renew a license as a manufacturer, importer, distributor, jobber, retailer, or shooter by payment of the fee under subsection (a) of this section to the State Fire Marshal.

(2) A license renewal application received by the State Fire Marshal after May 1 of each year shall be assessed a late penalty in an amount equal to two (2) times the renewal fee, under subsection (a) of this section.

(c) All funds collected under this subchapter by the State Fire Marshal, including license fees and penalties, shall be deposited into the State Treasury to the credit of the Fire Services Fund.

(d) The State Fire Marshal shall assign a license number to each license issued. This number shall be affixed by the person to whom such a license is issued to all invoices issued or used by each manufacturer, importer, distributor, or jobber.

(e) (1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be. (2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter. (3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas.

(1) It shall be unlawful for a jobber licensed under this subchapter or for an Arkansas-domiciled retailer to purchase fireworks from a distributor, importer, or manufacturer domiciled outside the State of Arkansas unless the distributor, manufacturer, or importer can show proof that the distributor, manufacturer, or importer holds a valid license under this subchapter to perform functions of the distributor, importer, or manufacturer, or all of them, as the case may be.

(2) In the event of a violation of this section, if the distributor, importer, or manufacturer cannot show valid proof of being properly and currently licensed under this subchapter and if purchase of fireworks is consummated by a wholesale jobber licensed under this subchapter or by an Arkansas retailer from the distributor, importer, or manufacturer, then the jobber or retailer shall become liable, as a civil penalty, for the full amount of the license fee required by this subchapter from the distributor, importer, or manufacturer. The amount of the license fee is payable immediately, or in the event of failure to pay the penalty within thirty (30) days of the violation, the distributor, importer, or manufacturer shall be subject to the criminal penalties provided by this subchapter.

(3) Furthermore, unless the out-of-state distributor, importer, or manufacturer pays the license fee required under the provisions of this subchapter within a period of thirty (30) days after being so notified by registered mail, the person shall thereafter be prohibited from engaging in the business defined in this subchapter in the State of Arkansas.

(f) (1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person. (2) No permit or license shall be issued to a person under twenty-one (21) years of age. (3) (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received. (B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks. (C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold. (D) The records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year. (E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.

(1) No permit or license provided for in this subchapter shall be transferable, nor shall a person be permitted to operate under a permit or license issued to any other person.

(2) No permit or license shall be issued to a person under twenty-one (21) years of age.

(3) (A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received. (B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks. (C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold. (D) The records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year. (E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.

(A) Each retailer and holder of a license under the provisions of this subchapter shall keep an accurate record of each shipment received.

(B) Each distributor, importer, jobber, or wholesaler shall keep a record of each shipment received and each sale, delivery, or out-shipment of fireworks.

(C) The records shall be clear, legible, and accurate, showing the name and address of the seller or purchaser, item, and quantity received or sold.

(D) The records are to be kept at each place of business and shall be subject to examination by the State Fire Marshal or his or her agents who shall have the authority at any time to require any manufacturer, importer, distributor, wholesaler, jobber, or retailer to produce records for the current year and the immediately preceding full license year.

(E) Each shooter shall keep a record of the date, location, and type of display conducted within the State of Arkansas.

(g) Mail-order sales of fireworks to consumers through any medium of interstate or intrastate commerce are prohibited. Sales of fireworks to consumers may be made only at properly licensed retail locations within the State of Arkansas. Any person violating this subsection shall be guilty of a Class C misdemeanor.

(h) The State Fire Marshal may revoke or deny an application for any license or permit at any time for violating any provision of this subchapter or for falsifying any information provided to the State Fire Marshal as part of an application for a license or permit.

(i) The State Fire Marshal may promulgate rules necessary to enforce this subchapter.

Amended by Act 2023, No. 841,§ 36, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6016, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6015, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6014, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6013, eff. 7/1/2019.

Amended by Act 2017, No. 1093,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 28,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1000,§ 1, eff. 1/1/2014.

Acts 1961, No. 224, § 8; 1977, No. 379, § 2; 1977, No. 504, §§ 1-4; 1985, No. 278, § 1; 1985, No. 1041, § 2; A.S.A. 1947, § 82-1708; Acts 1991, No. 677, § 1; 2005, No. 2204, § 4; 2009, No. 241, § 1.
Ark. Code Ann. § 20-7-502 — AR Code / Title 20 / Chapter 7 / Subchapter 5 / Section 20-7-502
Findings - Intent
Status: in_force

(a) The General Assembly finds that shopping cart handles may be contaminated with bodily fluids such as blood, saliva, mucus, and even urine and fecal matter. (b) This subchapter is intended to: (1) Increase awareness of Arkansas shoppers, infants, and young children about potential contamination from contact with a shopping cart handle; (2) Provide a barrier of protection between a shopper and a shopping cart handle; and (3) Prevent the spread of viruses or bacteria. Acts 2007, No. 48, § 1.

(a) The General Assembly finds that shopping cart handles may be contaminated with bodily fluids such as blood, saliva, mucus, and even urine and fecal matter.

(b) This subchapter is intended to: (1) Increase awareness of Arkansas shoppers, infants, and young children about potential contamination from contact with a shopping cart handle; (2) Provide a barrier of protection between a shopper and a shopping cart handle; and (3) Prevent the spread of viruses or bacteria.

(1) Increase awareness of Arkansas shoppers, infants, and young children about potential contamination from contact with a shopping cart handle;

(2) Provide a barrier of protection between a shopper and a shopping cart handle; and

(3) Prevent the spread of viruses or bacteria.

Acts 2007, No. 48, § 1.
Ark. Code Ann. § 20-76-445 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-445
Career Pathways Initiative - Findings
Status: in_force

(a) The General Assembly finds that: (1) Higher education credentials are: (A) Becoming increasingly important for the State of Arkansas to maintain a competitive workforce; and (B) Critical for adults to qualify and obtain high-wage employment; and (2) It is in the public interest that: (A) Individuals improve their education credentials in order to qualify for higher-wage jobs; (B) Eligible persons have access to postsecondary education programs that meet the specific needs of working adults; (C) Institutions of higher education offer programs targeted to the specific workforce needs of their area within the state; and (D) Our state provide services aimed at improving employment prospects for low-income adults. (b) (1) (A) The Department of Human Services, the Division of Workforce Services, the Division of Higher Education, and the Arkansas Workforce Development Board shall work jointly to develop a plan for the Career Pathways Initiative. (B) The plan shall be updated annually. (2) The initiative shall: (A) Increase the access of low-income parents and other individuals to education credentials that qualify them for higher-paying jobs in their local areas; (B) Improve the preparedness of the Arkansas workforce for high-skill and high-wage jobs; (C) Develop training courses and educational credentials after consulting local employers and local workforce boards to identify appropriate job opportunities and needed skills and training to meet employers' needs; (D) Provide resources on the basis of performance incentives, including participants: (i) Enrolling in courses; (ii) Completing the courses; (iii) Obtaining jobs in the targeted job categories; and (iv) Staying employed in the targeted job categories; (E) Use available Temporary Assistance for Needy Families funds for participants who have custody or legal responsibility for a child under twenty-one (21) years of age and whose family income is less than two hundred fifty percent (250%) of the federal poverty level; and (F) Incorporate the existing Career Pathways Program. (c) The initiative plan shall be subject to review, recommendation, and approval by the Arkansas Workforce Development Board. (d) Under the initiative, the Division of Higher Education shall contract to provide education and training that will result in job training certificates or higher education degrees for Transitional Employment Assistance Program participants and other low-income adults with: (1) State agencies; (2) Two-year colleges; (3) Local governments; or (4) Private or community organizations. (e) (1) The initiative plan shall specify procedures and requirements for applications for entry into programs under subsection (d) of this section. (2) Applications shall be made to the Division of Higher Education. (f) The Division of Higher Education shall determine which two-year college proposals are funded under the initiative. (g) Temporary Assistance for Needy Families funds may be combined with other federal, state, and local funds in ways consistent with federal laws and regulations. Amended by Act 2023, No. 832,§ 18, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 541, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 540, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 539, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 538, eff. 7/1/2019. Amended by Act 2015, No. 907,§ 12, eff. 7/1/2015. Acts 2005, No. 1705, § 19; 2007, No. 514, § 23.

(a) The General Assembly finds that: (1) Higher education credentials are: (A) Becoming increasingly important for the State of Arkansas to maintain a competitive workforce; and (B) Critical for adults to qualify and obtain high-wage employment; and (2) It is in the public interest that: (A) Individuals improve their education credentials in order to qualify for higher-wage jobs; (B) Eligible persons have access to postsecondary education programs that meet the specific needs of working adults; (C) Institutions of higher education offer programs targeted to the specific workforce needs of their area within the state; and (D) Our state provide services aimed at improving employment prospects for low-income adults.

(1) Higher education credentials are: (A) Becoming increasingly important for the State of Arkansas to maintain a competitive workforce; and (B) Critical for adults to qualify and obtain high-wage employment; and

(A) Becoming increasingly important for the State of Arkansas to maintain a competitive workforce; and

(B) Critical for adults to qualify and obtain high-wage employment; and

(2) It is in the public interest that: (A) Individuals improve their education credentials in order to qualify for higher-wage jobs; (B) Eligible persons have access to postsecondary education programs that meet the specific needs of working adults; (C) Institutions of higher education offer programs targeted to the specific workforce needs of their area within the state; and (D) Our state provide services aimed at improving employment prospects for low-income adults.

(A) Individuals improve their education credentials in order to qualify for higher-wage jobs;

(B) Eligible persons have access to postsecondary education programs that meet the specific needs of working adults;

(C) Institutions of higher education offer programs targeted to the specific workforce needs of their area within the state; and

(D) Our state provide services aimed at improving employment prospects for low-income adults.

(b) (1) (A) The Department of Human Services, the Division of Workforce Services, the Division of Higher Education, and the Arkansas Workforce Development Board shall work jointly to develop a plan for the Career Pathways Initiative. (B) The plan shall be updated annually. (2) The initiative shall: (A) Increase the access of low-income parents and other individuals to education credentials that qualify them for higher-paying jobs in their local areas; (B) Improve the preparedness of the Arkansas workforce for high-skill and high-wage jobs; (C) Develop training courses and educational credentials after consulting local employers and local workforce boards to identify appropriate job opportunities and needed skills and training to meet employers' needs; (D) Provide resources on the basis of performance incentives, including participants: (i) Enrolling in courses; (ii) Completing the courses; (iii) Obtaining jobs in the targeted job categories; and (iv) Staying employed in the targeted job categories; (E) Use available Temporary Assistance for Needy Families funds for participants who have custody or legal responsibility for a child under twenty-one (21) years of age and whose family income is less than two hundred fifty percent (250%) of the federal poverty level; and (F) Incorporate the existing Career Pathways Program.

(1) (A) The Department of Human Services, the Division of Workforce Services, the Division of Higher Education, and the Arkansas Workforce Development Board shall work jointly to develop a plan for the Career Pathways Initiative. (B) The plan shall be updated annually.

(A) The Department of Human Services, the Division of Workforce Services, the Division of Higher Education, and the Arkansas Workforce Development Board shall work jointly to develop a plan for the Career Pathways Initiative.

(B) The plan shall be updated annually.

(2) The initiative shall: (A) Increase the access of low-income parents and other individuals to education credentials that qualify them for higher-paying jobs in their local areas; (B) Improve the preparedness of the Arkansas workforce for high-skill and high-wage jobs; (C) Develop training courses and educational credentials after consulting local employers and local workforce boards to identify appropriate job opportunities and needed skills and training to meet employers' needs; (D) Provide resources on the basis of performance incentives, including participants: (i) Enrolling in courses; (ii) Completing the courses; (iii) Obtaining jobs in the targeted job categories; and (iv) Staying employed in the targeted job categories; (E) Use available Temporary Assistance for Needy Families funds for participants who have custody or legal responsibility for a child under twenty-one (21) years of age and whose family income is less than two hundred fifty percent (250%) of the federal poverty level; and (F) Incorporate the existing Career Pathways Program.

(A) Increase the access of low-income parents and other individuals to education credentials that qualify them for higher-paying jobs in their local areas;

(B) Improve the preparedness of the Arkansas workforce for high-skill and high-wage jobs;

(C) Develop training courses and educational credentials after consulting local employers and local workforce boards to identify appropriate job opportunities and needed skills and training to meet employers' needs;

(D) Provide resources on the basis of performance incentives, including participants: (i) Enrolling in courses; (ii) Completing the courses; (iii) Obtaining jobs in the targeted job categories; and (iv) Staying employed in the targeted job categories;

(i) Enrolling in courses;

(ii) Completing the courses;

(iii) Obtaining jobs in the targeted job categories; and

(iv) Staying employed in the targeted job categories;

(E) Use available Temporary Assistance for Needy Families funds for participants who have custody or legal responsibility for a child under twenty-one (21) years of age and whose family income is less than two hundred fifty percent (250%) of the federal poverty level; and

(F) Incorporate the existing Career Pathways Program.

(c) The initiative plan shall be subject to review, recommendation, and approval by the Arkansas Workforce Development Board.

(d) Under the initiative, the Division of Higher Education shall contract to provide education and training that will result in job training certificates or higher education degrees for Transitional Employment Assistance Program participants and other low-income adults with: (1) State agencies; (2) Two-year colleges; (3) Local governments; or (4) Private or community organizations.

(1) State agencies;

(2) Two-year colleges;

(3) Local governments; or

(4) Private or community organizations.

(e) (1) The initiative plan shall specify procedures and requirements for applications for entry into programs under subsection (d) of this section. (2) Applications shall be made to the Division of Higher Education.

(1) The initiative plan shall specify procedures and requirements for applications for entry into programs under subsection (d) of this section.

(2) Applications shall be made to the Division of Higher Education.

(f) The Division of Higher Education shall determine which two-year college proposals are funded under the initiative.

(g) Temporary Assistance for Needy Families funds may be combined with other federal, state, and local funds in ways consistent with federal laws and regulations.

Amended by Act 2023, No. 832,§ 18, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 541, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 540, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 539, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 538, eff. 7/1/2019.

Amended by Act 2015, No. 907,§ 12, eff. 7/1/2015.

Acts 2005, No. 1705, § 19; 2007, No. 514, § 23.
Ark. Code Ann. § 20-47-212 — AR Code / Title 20 / Chapter 47 / Subchapter 2 / Section 20-47-212
Appointment of counsel
Status: in_force

(a) If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition. (b) (1) Whenever legal counsel is appointed by the court, the court shall determine the amount of the fee, if any, to be paid the attorney so appointed and issue an order for payment. (2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings. (3) The court shall have the authority to appoint counsel on a pro bono basis. (c) The quorum courts of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter, and, upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the fee shall be approved by the county court and paid in the same manner as other claims against the county are paid. Acts 1989, No. 861, § 8.

(a) If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition.

(b) (1) Whenever legal counsel is appointed by the court, the court shall determine the amount of the fee, if any, to be paid the attorney so appointed and issue an order for payment. (2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings. (3) The court shall have the authority to appoint counsel on a pro bono basis.

(1) Whenever legal counsel is appointed by the court, the court shall determine the amount of the fee, if any, to be paid the attorney so appointed and issue an order for payment.

(2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.

(3) The court shall have the authority to appoint counsel on a pro bono basis.

(c) The quorum courts of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter, and, upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the fee shall be approved by the county court and paid in the same manner as other claims against the county are paid.

Acts 1989, No. 861, § 8.
Ark. Code Ann. § 20-77-806 — AR Code / Title 20 / Chapter 77 / Subchapter 8 / Section 20-77-806
Sales and delivery
Status: in_force

No person or entity shall sell intravenous drugs in this state or deliver the same into this state through the United States mail or a private carrier unless licensed by the Arkansas State Board of Pharmacy. Acts 1993, No. 918, § 6.

No person or entity shall sell intravenous drugs in this state or deliver the same into this state through the United States mail or a private carrier unless licensed by the Arkansas State Board of Pharmacy.

Acts 1993, No. 918, § 6.
Ark. Code Ann. § 20-77-129 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-129
Ambulatory surgery centers - Medicaid reimbursement - Definitions
Status: in_force

(a) As used in this section: (1) "Ambulatory surgery center" means an entity certified by Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambulatory surgery services; (2) "Ambulatory Surgery Center Medicaid Procedure Code" means appropriate: (A) Current Procedural Terminology codes representing procedures that do not appear on the Medicare hospital inpatient-only list or Medicaid hospital inpatient-only list and that are medically necessary and not solely for cosmetic treatment or surgery; or (B) Comparable Current Procedural Terminology codes adopted and assigned under this section, representing procedures that do not appear on the Medicaid hospital inpatient-only list, are medically necessary, and are not solely for cosmetic treatment or surgery; (3) "Ambulatory Surgical Center Medicaid reimbursement rate for appropriate procedures" means ninety-five percent (95%) of ambulatory surgical center Medicare reimbursement that is currently effective for applicable Ambulatory Surgical Center Medicaid Procedure Codes; (4) "Appropriate procedure" means a surgical procedure or other procedure commonly performed in an ambulatory surgery center setting that is not on: (A) The Medicaid hospital inpatient-only list or Medicare hospital inpatient-only list; or (B) The Medicaid hospital inpatient-only list for which a comparable Current Procedural Terminology code has been adopted and assigned under this section; (5) "Current Procedural Terminology code" means the codes that are commonly used in the healthcare industry to identify services that are provided; (6) "Hospital inpatient-only list" means a listing kept by the Centers for Medicare & Medicaid Services of procedures that should be performed on an inpatient basis only with separately recorded lists for Medicare and Medicaid; (7) "Hospital outpatient procedure department" means a hospital-based ambulatory surgery center that bills in accordance with the Outpatient Hospital Services Medicaid Provider Guide; and (8) "Relative Value Unit" means a service unit value measured in relation to the values of other services and involving a Current Procedural Terminology code that, when multiplied by the conversion factor and a geographical adjustment, creates the compensation level for a particular service. (b) The purpose of this act is to decrease costs to Medicaid while increasing access to care by Arkansas's Medicaid population. (c) (1) An appropriate procedure may be performed at an ambulatory surgery center or a hospital outpatient procedure department. (2) If an appropriate procedure is performed at an ambulatory surgery center, the appropriate procedure and any appropriate implantable devices shall be billed using the Ambulatory Surgery Center Medicaid Procedure Codes and reimbursed pursuant to the Ambulatory Surgery Center Medicaid reimbursement rate for appropriate procedures. (d) (1) Upon request by, and in consultation with, the Arkansas Ambulatory Surgery Association, its successor, or an ambulatory surgery center, the Department of Human Services may adopt and assign an appropriate Current Procedural Terminology code for an appropriate procedure based on a Relative Value Unit for a comparable procedure not on the Medicaid hospital inpatient-only list, if the appropriate procedure: (A) Is not on the Medicaid hospital inpatient-only list but is on the Medicare hospital inpatient-only list; or (B) Is a medically necessary surgical service that is not on the Medicaid hospital inpatient-only list, for which there is no corresponding reimbursement value recited in the current Medicare ambulatory surgery center fee schedule. (2) A comparable Current Procedural Terminology code adopted and assigned under this section shall be reimbursed at ninety-five percent (95%) of the Medicare ambulatory surgical center reimbursement rate for the comparable procedure. (3) A request for the adoption and assignment of a comparable Current Procedural Terminology code shall be submitted and approved before the appropriate procedure is performed. (e) A reimbursement payment made under this section may not exceed the Medicaid upper payment limit as established by the Centers for Medicare & Medicaid Services. Amended by Act 2015, No. 1236,§ 1, eff. 4/7/2015. Added by Act 2013, No. 1352,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Ambulatory surgery center" means an entity certified by Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambulatory surgery services; (2) "Ambulatory Surgery Center Medicaid Procedure Code" means appropriate: (A) Current Procedural Terminology codes representing procedures that do not appear on the Medicare hospital inpatient-only list or Medicaid hospital inpatient-only list and that are medically necessary and not solely for cosmetic treatment or surgery; or (B) Comparable Current Procedural Terminology codes adopted and assigned under this section, representing procedures that do not appear on the Medicaid hospital inpatient-only list, are medically necessary, and are not solely for cosmetic treatment or surgery; (3) "Ambulatory Surgical Center Medicaid reimbursement rate for appropriate procedures" means ninety-five percent (95%) of ambulatory surgical center Medicare reimbursement that is currently effective for applicable Ambulatory Surgical Center Medicaid Procedure Codes; (4) "Appropriate procedure" means a surgical procedure or other procedure commonly performed in an ambulatory surgery center setting that is not on: (A) The Medicaid hospital inpatient-only list or Medicare hospital inpatient-only list; or (B) The Medicaid hospital inpatient-only list for which a comparable Current Procedural Terminology code has been adopted and assigned under this section; (5) "Current Procedural Terminology code" means the codes that are commonly used in the healthcare industry to identify services that are provided; (6) "Hospital inpatient-only list" means a listing kept by the Centers for Medicare & Medicaid Services of procedures that should be performed on an inpatient basis only with separately recorded lists for Medicare and Medicaid; (7) "Hospital outpatient procedure department" means a hospital-based ambulatory surgery center that bills in accordance with the Outpatient Hospital Services Medicaid Provider Guide; and (8) "Relative Value Unit" means a service unit value measured in relation to the values of other services and involving a Current Procedural Terminology code that, when multiplied by the conversion factor and a geographical adjustment, creates the compensation level for a particular service.

(1) "Ambulatory surgery center" means an entity certified by Medicare as an ambulatory surgical center that operates for the purpose of providing surgical services to patients and that is eligible to receive reimbursement from Medicaid for ambulatory surgery services;

(2) "Ambulatory Surgery Center Medicaid Procedure Code" means appropriate: (A) Current Procedural Terminology codes representing procedures that do not appear on the Medicare hospital inpatient-only list or Medicaid hospital inpatient-only list and that are medically necessary and not solely for cosmetic treatment or surgery; or (B) Comparable Current Procedural Terminology codes adopted and assigned under this section, representing procedures that do not appear on the Medicaid hospital inpatient-only list, are medically necessary, and are not solely for cosmetic treatment or surgery;

(A) Current Procedural Terminology codes representing procedures that do not appear on the Medicare hospital inpatient-only list or Medicaid hospital inpatient-only list and that are medically necessary and not solely for cosmetic treatment or surgery; or

(B) Comparable Current Procedural Terminology codes adopted and assigned under this section, representing procedures that do not appear on the Medicaid hospital inpatient-only list, are medically necessary, and are not solely for cosmetic treatment or surgery;

(3) "Ambulatory Surgical Center Medicaid reimbursement rate for appropriate procedures" means ninety-five percent (95%) of ambulatory surgical center Medicare reimbursement that is currently effective for applicable Ambulatory Surgical Center Medicaid Procedure Codes;

(4) "Appropriate procedure" means a surgical procedure or other procedure commonly performed in an ambulatory surgery center setting that is not on: (A) The Medicaid hospital inpatient-only list or Medicare hospital inpatient-only list; or (B) The Medicaid hospital inpatient-only list for which a comparable Current Procedural Terminology code has been adopted and assigned under this section;

(A) The Medicaid hospital inpatient-only list or Medicare hospital inpatient-only list; or

(B) The Medicaid hospital inpatient-only list for which a comparable Current Procedural Terminology code has been adopted and assigned under this section;

(5) "Current Procedural Terminology code" means the codes that are commonly used in the healthcare industry to identify services that are provided;

(6) "Hospital inpatient-only list" means a listing kept by the Centers for Medicare & Medicaid Services of procedures that should be performed on an inpatient basis only with separately recorded lists for Medicare and Medicaid;

(7) "Hospital outpatient procedure department" means a hospital-based ambulatory surgery center that bills in accordance with the Outpatient Hospital Services Medicaid Provider Guide; and

(8) "Relative Value Unit" means a service unit value measured in relation to the values of other services and involving a Current Procedural Terminology code that, when multiplied by the conversion factor and a geographical adjustment, creates the compensation level for a particular service.

(b) The purpose of this act is to decrease costs to Medicaid while increasing access to care by Arkansas's Medicaid population.

(c) (1) An appropriate procedure may be performed at an ambulatory surgery center or a hospital outpatient procedure department. (2) If an appropriate procedure is performed at an ambulatory surgery center, the appropriate procedure and any appropriate implantable devices shall be billed using the Ambulatory Surgery Center Medicaid Procedure Codes and reimbursed pursuant to the Ambulatory Surgery Center Medicaid reimbursement rate for appropriate procedures.

(1) An appropriate procedure may be performed at an ambulatory surgery center or a hospital outpatient procedure department.

(2) If an appropriate procedure is performed at an ambulatory surgery center, the appropriate procedure and any appropriate implantable devices shall be billed using the Ambulatory Surgery Center Medicaid Procedure Codes and reimbursed pursuant to the Ambulatory Surgery Center Medicaid reimbursement rate for appropriate procedures.

(d) (1) Upon request by, and in consultation with, the Arkansas Ambulatory Surgery Association, its successor, or an ambulatory surgery center, the Department of Human Services may adopt and assign an appropriate Current Procedural Terminology code for an appropriate procedure based on a Relative Value Unit for a comparable procedure not on the Medicaid hospital inpatient-only list, if the appropriate procedure: (A) Is not on the Medicaid hospital inpatient-only list but is on the Medicare hospital inpatient-only list; or (B) Is a medically necessary surgical service that is not on the Medicaid hospital inpatient-only list, for which there is no corresponding reimbursement value recited in the current Medicare ambulatory surgery center fee schedule. (2) A comparable Current Procedural Terminology code adopted and assigned under this section shall be reimbursed at ninety-five percent (95%) of the Medicare ambulatory surgical center reimbursement rate for the comparable procedure. (3) A request for the adoption and assignment of a comparable Current Procedural Terminology code shall be submitted and approved before the appropriate procedure is performed.

(1) Upon request by, and in consultation with, the Arkansas Ambulatory Surgery Association, its successor, or an ambulatory surgery center, the Department of Human Services may adopt and assign an appropriate Current Procedural Terminology code for an appropriate procedure based on a Relative Value Unit for a comparable procedure not on the Medicaid hospital inpatient-only list, if the appropriate procedure: (A) Is not on the Medicaid hospital inpatient-only list but is on the Medicare hospital inpatient-only list; or (B) Is a medically necessary surgical service that is not on the Medicaid hospital inpatient-only list, for which there is no corresponding reimbursement value recited in the current Medicare ambulatory surgery center fee schedule.

(A) Is not on the Medicaid hospital inpatient-only list but is on the Medicare hospital inpatient-only list; or

(B) Is a medically necessary surgical service that is not on the Medicaid hospital inpatient-only list, for which there is no corresponding reimbursement value recited in the current Medicare ambulatory surgery center fee schedule.

(2) A comparable Current Procedural Terminology code adopted and assigned under this section shall be reimbursed at ninety-five percent (95%) of the Medicare ambulatory surgical center reimbursement rate for the comparable procedure.

(3) A request for the adoption and assignment of a comparable Current Procedural Terminology code shall be submitted and approved before the appropriate procedure is performed.

(e) A reimbursement payment made under this section may not exceed the Medicaid upper payment limit as established by the Centers for Medicare & Medicaid Services.

Amended by Act 2015, No. 1236,§ 1, eff. 4/7/2015.

Added by Act 2013, No. 1352,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 20-19-404 — AR Code / Title 20 / Chapter 19 / Subchapter 4 / Section 20-19-404
Confinement - Care - Inspections
Status: in_force

(a) Wolves and wolf-dog hybrids shall be provided adequate confinement and adequate feeding. (b) Adequate confinement shall include at least: (1) A brick, concrete, or chain-link enclosure surrounded by two (2) layers of fencing as follows: (A) For a single animal: (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times; (B) For a pair, double the cage length for a single animal; or (C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal; (2) A secluded den four feet (4') square for each animal; and (3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre. (c) Adequate confinement shall not include tethering of a wolf or wolf-dog hybrid not under the direct supervision and control of the owner or custodian. (d) (1) Adequate feeding shall include daily feedings and provisions of water. (2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian. (e) Owners and custodians of wolves and wolf-dog hybrids shall allow inspections by law enforcement personnel at reasonable hours to ensure adequate confinement and adequate feeding. (f) This section applies only to owners of four (4) or more adult wolf-dog hybrids or wolves, animals one (1) year of age or older. Acts 2001, No. 1768, § 4.

(a) Wolves and wolf-dog hybrids shall be provided adequate confinement and adequate feeding.

(b) Adequate confinement shall include at least: (1) A brick, concrete, or chain-link enclosure surrounded by two (2) layers of fencing as follows: (A) For a single animal: (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times; (B) For a pair, double the cage length for a single animal; or (C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal; (2) A secluded den four feet (4') square for each animal; and (3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre.

(1) A brick, concrete, or chain-link enclosure surrounded by two (2) layers of fencing as follows: (A) For a single animal: (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times; (B) For a pair, double the cage length for a single animal; or (C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal;

(A) For a single animal: (i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and (ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times;

(i) Either an inner chain-link fence a minimum of fifteen feet by eight feet by ten feet (15' x 8' x 10') or an electric fence that prevents climbing over, and either extending two feet (2') underground or employing some other means that prevents digging under; and

(ii) An outer fence eight feet (8') high with at least four feet (4') between the two (2) fences unless the inner fence is an electric fence posted with warning signs and the gate is locked at all times;

(B) For a pair, double the cage length for a single animal; or

(C) For more than two (2) animals, add ten feet (10') to the single animal length and width for each additional animal;

(2) A secluded den four feet (4') square for each animal; and

(3) No more than four (4) total of wolves or wolf-dog hybrids, or both, per acre.

(c) Adequate confinement shall not include tethering of a wolf or wolf-dog hybrid not under the direct supervision and control of the owner or custodian.

(d) (1) Adequate feeding shall include daily feedings and provisions of water. (2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian.

(1) Adequate feeding shall include daily feedings and provisions of water.

(2) The feed used shall consist of a minimum meat-based protein content of twenty-five percent (25%) and crude fat of fifteen percent (15%), with exceptions for geriatric and overweight animals or under the advice of a licensed veterinarian.

(e) Owners and custodians of wolves and wolf-dog hybrids shall allow inspections by law enforcement personnel at reasonable hours to ensure adequate confinement and adequate feeding.

(f) This section applies only to owners of four (4) or more adult wolf-dog hybrids or wolves, animals one (1) year of age or older.

Acts 2001, No. 1768, § 4.
Ark. Code Ann. § 20-64-512 — AR Code / Title 20 / Chapter 64 / Subchapter 5 / Section 20-64-512
Inspection of records
Status: in_force

(a) (1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter. (2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board. (b) A licensed person may keep records at a central location apart from the principal office of the licensee or the location at which the drugs were stored and from which they are distributed. Acts 1991, No. 739, § 11.

(a) (1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter. (2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board.

(1) The Arkansas State Board of Pharmacy may conduct inspections upon all premises purporting or appearing to be used by a person licensed under this subchapter.

(2) The board in its discretion may accept a satisfactory inspection by the United States Food and Drug Administration or a state agency of another state which the board determines to be comparable to that made by the United States Food and Drug Administration or the board.

(b) A licensed person may keep records at a central location apart from the principal office of the licensee or the location at which the drugs were stored and from which they are distributed.

Acts 1991, No. 739, § 11.