Ark. Code Ann. § 20-22-1006 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1006
Arkansas Fire Protection Services Resources Plan
Status: in_force

(a) The Office of Fire Protection Services shall facilitate and coordinate, with the cooperation and assistance of the fire services agencies listed in § 20-22-1004(c) , the development and formulation of a comprehensive program for the orderly coordination, cooperation, and development of resources of the State of Arkansas and its local governments, to be referred to as the "Arkansas Fire Protection Services Resources Plan". The plan shall include plans: (1) For providing fire services in the various rural areas of this state which do not have available the benefits or services of an organized or voluntary firefighting program; (2) For updating and improving fire services in urban, suburban, and rural areas which have fire services but which need improvements and for assisting existing organized or volunteer firefighting services in making those improvements; (3) On the type, needs, and means to procure firefighting vehicles and equipment for fire services agencies of local governments; (4) On developing training programs designed to instruct and train firefighters at the Arkansas Fire Training Academy to be employed or used by both urban and rural organized and volunteer fire services agencies; (5) To coordinate the efforts of all state and local government fire services agencies for the purpose of making maximum use of the services and resources for the prevention and mitigation of injury and damage caused by fire and other hazards; (6) To measure the prompt and effective response to fires and other hazards and disasters; (7) To identify areas particularly vulnerable to fire and hazards and other disasters; and (8) To make recommendations for improvements in the firefighting, prevention, training, mitigation, and adjunct services for state and local fire services agencies. (b) In coordinating the preparation and revision of the plan, the office shall seek the advice and assistance of and cooperate with state agencies, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, with all fire services agencies of local governments, with business, labor, industry, agriculture, civic and volunteer organizations, and with community leaders. (c) The plan or any part thereof may be incorporated into rules of the office, the Division of Emergency Management, or executive orders which have the force and effect of law. Amended by Act 2019, No. 315,§ 2045, eff. 7/24/2019. Acts 1993, No. 1303, § 6; 1999, No. 646, § 62.

(a) The Office of Fire Protection Services shall facilitate and coordinate, with the cooperation and assistance of the fire services agencies listed in § 20-22-1004(c) , the development and formulation of a comprehensive program for the orderly coordination, cooperation, and development of resources of the State of Arkansas and its local governments, to be referred to as the "Arkansas Fire Protection Services Resources Plan". The plan shall include plans: (1) For providing fire services in the various rural areas of this state which do not have available the benefits or services of an organized or voluntary firefighting program; (2) For updating and improving fire services in urban, suburban, and rural areas which have fire services but which need improvements and for assisting existing organized or volunteer firefighting services in making those improvements; (3) On the type, needs, and means to procure firefighting vehicles and equipment for fire services agencies of local governments; (4) On developing training programs designed to instruct and train firefighters at the Arkansas Fire Training Academy to be employed or used by both urban and rural organized and volunteer fire services agencies; (5) To coordinate the efforts of all state and local government fire services agencies for the purpose of making maximum use of the services and resources for the prevention and mitigation of injury and damage caused by fire and other hazards; (6) To measure the prompt and effective response to fires and other hazards and disasters; (7) To identify areas particularly vulnerable to fire and hazards and other disasters; and (8) To make recommendations for improvements in the firefighting, prevention, training, mitigation, and adjunct services for state and local fire services agencies.

(1) For providing fire services in the various rural areas of this state which do not have available the benefits or services of an organized or voluntary firefighting program;

(2) For updating and improving fire services in urban, suburban, and rural areas which have fire services but which need improvements and for assisting existing organized or volunteer firefighting services in making those improvements;

(3) On the type, needs, and means to procure firefighting vehicles and equipment for fire services agencies of local governments;

(4) On developing training programs designed to instruct and train firefighters at the Arkansas Fire Training Academy to be employed or used by both urban and rural organized and volunteer fire services agencies;

(5) To coordinate the efforts of all state and local government fire services agencies for the purpose of making maximum use of the services and resources for the prevention and mitigation of injury and damage caused by fire and other hazards;

(6) To measure the prompt and effective response to fires and other hazards and disasters;

(7) To identify areas particularly vulnerable to fire and hazards and other disasters; and

(8) To make recommendations for improvements in the firefighting, prevention, training, mitigation, and adjunct services for state and local fire services agencies.

(b) In coordinating the preparation and revision of the plan, the office shall seek the advice and assistance of and cooperate with state agencies, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, with all fire services agencies of local governments, with business, labor, industry, agriculture, civic and volunteer organizations, and with community leaders.

(c) The plan or any part thereof may be incorporated into rules of the office, the Division of Emergency Management, or executive orders which have the force and effect of law.

Amended by Act 2019, No. 315,§ 2045, eff. 7/24/2019.

Acts 1993, No. 1303, § 6; 1999, No. 646, § 62.
Ark. Code Ann. § 20-13-901 — AR Code / Title 20 / Chapter 13 / Subchapter 9 / Section 20-13-901
Definitions
Status: in_force

As used in this subchapter: (1) "Attending physician" has the meaning provided in § 20-17-201 ; (2) "Do Not Resuscitate Identification" means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the Department of Health, that signifies: (A) That the possessor has executed an advance directive as provided in § 20-17-202 which specifically addresses the cardiopulmonary resuscitation option of health care and which has not been revoked; or (B) That the possessor's attending physician has issued an Emergency Medical Services Do Not Resuscitate Order for the possessor and has documented the grounds for the order in the possessor's medical file; (3) (A) "Emergency Medical Services Do Not Resuscitate Order" means a written physician's order in a form approved by the department which authorizes qualified emergency medical services personnel to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest. (B) For the purposes of this subchapter, "cardiopulmonary resuscitation" or "CPR" shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of cardiac resuscitation medications, and related procedures. (C) (i) Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of other medical interventions such as intravenous fluids, oxygen, nutrition or hydration, or both, or other indicated therapies short of cardiopulmonary resuscitation unless the therapies are also specified by advance directive or durable power of attorney for health care to be withheld. (ii) The Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of therapies deemed necessary to provide comfort care or alleviate pain; (4) "Emergency Medical Services Do Not Resuscitate Protocol" means a standardized method of procedure, approved by the State Board of Health and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by emergency medical services personnel; (5) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency service personnel acting within the ordinary course of their professions; (6) (A) "Healthcare facility" means any institution, building, or agency or portion thereof, private or public, excluding federal facilities, whether organized for profit or not, used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. (B) "Healthcare facility" includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, and adult day care centers; (7) "Life-sustaining procedure" means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation; and (8) "Physician" means a person licensed to practice medicine in this state pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. Amended by Act 2019, No. 389,§ 27, eff. 7/24/2019. Acts 1993, No. 1101, § 1; 2003, No. 1322, § 2.

As used in this subchapter:

(1) "Attending physician" has the meaning provided in § 20-17-201 ;

(2) "Do Not Resuscitate Identification" means a standardized identification card, form, necklace, or bracelet of uniform size and design, approved by the Department of Health, that signifies: (A) That the possessor has executed an advance directive as provided in § 20-17-202 which specifically addresses the cardiopulmonary resuscitation option of health care and which has not been revoked; or (B) That the possessor's attending physician has issued an Emergency Medical Services Do Not Resuscitate Order for the possessor and has documented the grounds for the order in the possessor's medical file;

(A) That the possessor has executed an advance directive as provided in § 20-17-202 which specifically addresses the cardiopulmonary resuscitation option of health care and which has not been revoked; or

(B) That the possessor's attending physician has issued an Emergency Medical Services Do Not Resuscitate Order for the possessor and has documented the grounds for the order in the possessor's medical file;

(3) (A) "Emergency Medical Services Do Not Resuscitate Order" means a written physician's order in a form approved by the department which authorizes qualified emergency medical services personnel to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest. (B) For the purposes of this subchapter, "cardiopulmonary resuscitation" or "CPR" shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of cardiac resuscitation medications, and related procedures. (C) (i) Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of other medical interventions such as intravenous fluids, oxygen, nutrition or hydration, or both, or other indicated therapies short of cardiopulmonary resuscitation unless the therapies are also specified by advance directive or durable power of attorney for health care to be withheld. (ii) The Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of therapies deemed necessary to provide comfort care or alleviate pain;

(A) "Emergency Medical Services Do Not Resuscitate Order" means a written physician's order in a form approved by the department which authorizes qualified emergency medical services personnel to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest.

(B) For the purposes of this subchapter, "cardiopulmonary resuscitation" or "CPR" shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of cardiac resuscitation medications, and related procedures.

(C) (i) Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of other medical interventions such as intravenous fluids, oxygen, nutrition or hydration, or both, or other indicated therapies short of cardiopulmonary resuscitation unless the therapies are also specified by advance directive or durable power of attorney for health care to be withheld. (ii) The Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of therapies deemed necessary to provide comfort care or alleviate pain;

(i) Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of other medical interventions such as intravenous fluids, oxygen, nutrition or hydration, or both, or other indicated therapies short of cardiopulmonary resuscitation unless the therapies are also specified by advance directive or durable power of attorney for health care to be withheld.

(ii) The Emergency Medical Services Do Not Resuscitate Orders shall not authorize the withholding of therapies deemed necessary to provide comfort care or alleviate pain;

(4) "Emergency Medical Services Do Not Resuscitate Protocol" means a standardized method of procedure, approved by the State Board of Health and adopted in the rules of the department, for the withholding of emergency life-sustaining procedures by emergency medical services personnel;

(5) "Emergency medical services personnel" means paid or volunteer firefighters, law enforcement officers, first responders, emergency medical technicians, or other emergency service personnel acting within the ordinary course of their professions;

(6) (A) "Healthcare facility" means any institution, building, or agency or portion thereof, private or public, excluding federal facilities, whether organized for profit or not, used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. (B) "Healthcare facility" includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, and adult day care centers;

(A) "Healthcare facility" means any institution, building, or agency or portion thereof, private or public, excluding federal facilities, whether organized for profit or not, used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons.

(B) "Healthcare facility" includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, and adult day care centers;

(7) "Life-sustaining procedure" means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation; and

(8) "Physician" means a person licensed to practice medicine in this state pursuant to the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

Amended by Act 2019, No. 389,§ 27, eff. 7/24/2019.

Acts 1993, No. 1101, § 1; 2003, No. 1322, § 2.
Ark. Code Ann. § 20-10-1208 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1208
Patient records - Penalties for alteration
Status: in_force

(a) Any person who fraudulently alters, defaces, or falsifies any medical or other long-term care facility record or causes or procures any of these offenses to be committed commits a Class A misdemeanor. (b) A conviction under this section is also grounds for restriction, suspension, or termination of license privileges for the person. Acts 1999, No. 1181, § 5.

(a) Any person who fraudulently alters, defaces, or falsifies any medical or other long-term care facility record or causes or procures any of these offenses to be committed commits a Class A misdemeanor.

(b) A conviction under this section is also grounds for restriction, suspension, or termination of license privileges for the person.

Acts 1999, No. 1181, § 5.
Ark. Code Ann. § 20-77-142 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-142
Off-label use of drug treatment to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection
Status: in_force

(a) The General Assembly finds that: (1) Pediatric acute-onset neuropsychiatric syndrome, also known as "PANS", is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of acute behavioral deterioration or motor and sensory changes, or both; (2) Pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, also known as "PANDAS", is a term used to describe a subset of symptoms affecting children and adolescents within the broader PANS classification; (3) Other state Medicaid programs provide coverage for off-label use of drug treatments to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections; and (4) However, the Arkansas Medicaid Program does not provide coverage for off-label use of drug treatments, to treat Medicaid beneficiaries who are diagnosed with pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections. (b) The Arkansas Medicaid Program shall provide coverage for off-label use of drug treatments, including without limitation intravenous immunoglobulin, also known as "IVIG", to treat Medicaid beneficiaries who are diagnosed with pediatric acute-onset neuropsychiatric syndrome or pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, or both, under a treatment plan established by the Childhood Post-infectious Autoimmune Encephalopathy Clinic in Arkansas. (c) The Department of Human Services shall apply for any federal waiver, state plan amendment, or other authorization necessary to implement this section. Added by Act 2021, No. 637,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) Pediatric acute-onset neuropsychiatric syndrome, also known as "PANS", is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of acute behavioral deterioration or motor and sensory changes, or both; (2) Pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, also known as "PANDAS", is a term used to describe a subset of symptoms affecting children and adolescents within the broader PANS classification; (3) Other state Medicaid programs provide coverage for off-label use of drug treatments to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections; and (4) However, the Arkansas Medicaid Program does not provide coverage for off-label use of drug treatments, to treat Medicaid beneficiaries who are diagnosed with pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections.

(1) Pediatric acute-onset neuropsychiatric syndrome, also known as "PANS", is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of acute behavioral deterioration or motor and sensory changes, or both;

(2) Pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, also known as "PANDAS", is a term used to describe a subset of symptoms affecting children and adolescents within the broader PANS classification;

(3) Other state Medicaid programs provide coverage for off-label use of drug treatments to treat pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections; and

(4) However, the Arkansas Medicaid Program does not provide coverage for off-label use of drug treatments, to treat Medicaid beneficiaries who are diagnosed with pediatric acute-onset neuropsychiatric syndrome and pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections.

(b) The Arkansas Medicaid Program shall provide coverage for off-label use of drug treatments, including without limitation intravenous immunoglobulin, also known as "IVIG", to treat Medicaid beneficiaries who are diagnosed with pediatric acute-onset neuropsychiatric syndrome or pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections, or both, under a treatment plan established by the Childhood Post-infectious Autoimmune Encephalopathy Clinic in Arkansas.

(c) The Department of Human Services shall apply for any federal waiver, state plan amendment, or other authorization necessary to implement this section.

Added by Act 2021, No. 637,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-10-1704 — AR Code / Title 20 / Chapter 10 / Subchapter 17 / Section 20-10-1704
Assisted living program
Status: in_force

(a) The Department of Human Services shall establish an assisted living program for adults, including those who meet the medical necessity determination for nursing facility care. However, such individuals cannot have conditions that require twenty-four-hour nursing. (b) (1) The department shall promulgate rules not inconsistent with the provisions of this subchapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this subchapter. (2) The rules, including documentation, shall take into account the congregate nature of assisted living as opposed to individual settings, and the rules shall include, but not be limited to: (A) Fire, health, and life safety codes; (B) Physical plant requirements, including space requirements for housing, toilet facilities, and related items; (C) Staffing requirements; and (D) Services requirements. (c) (1) No resident shall be permitted to remain in an assisted living facility if his or her condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide. (2) This prohibition shall apply even if the resident is willing to enter into an agreement to relieve the facility of responsibility or otherwise manage the risk. (d) Upon application, residential care facilities licensed or holding a permit of approval as of April 2, 2001, and subsequent purchasers shall be licensed as assisted living facilities, provided that: (1) The facility shall provide a small refrigerator in each resident's room, except as otherwise provided by rule; (2) The facility shall provide a microwave oven in each resident's room, except as otherwise provided by rule; (3) The facility meets minimum space requirements for resident rooms of one hundred fifty square feet (150 sq. ft.) per person or two hundred thirty square feet (230 sq. ft.) for two (2) persons sharing a room, exclusive of entryway, closet, and bathroom, or one hundred square feet (100 sq. ft.) per person or one hundred eighty square feet (180 sq. ft.) for two (2) persons if the room has a half or full bath or if there is a shared bathroom between two (2) rooms; (4) The application conforms to all other assisted living rules, except as provided in this subchapter; and (5) Before obtaining the assisted living license, the residential care facility has no more than two (2) Class A or Class B violations pursuant to § 20-10-205 within the previous six (6) months. (e) Residential care facilities which choose to become assisted living facilities under subsection (d) of this section shall not be required to meet physical plant or other physical amenities requirements beyond those required for residential care facilities as of January 1, 2001, except as provided in subsection (d) of this section. (f) Assisted living rules promulgated by the department shall be reasonable and shall not have the effect of excluding residential care facilities from entering the program, provided they meet the requirements of this subchapter. (g) (1) The department shall take all actions necessary to develop a home- and community-based care waiver application in accordance with § 1915(c) of the Social Security Act. (2) The waiver application shall seek federal financial participation to increase access to services in assisted living facilities by raising Medicaid income and resource limits to the maximum eligibility level of other home- and community-based waivers in effect. (3) The waiver application shall seek permission to serve a minimum of one thousand (1,000) persons at a time and shall be submitted to the Centers for Medicare & Medicaid Services by June 30, 2001. (4) The department's implementation of the waiver shall be reasonable and shall not have the effect of excluding residential care facilities which have become assisted living facilities under the provisions of this subchapter. (h) (1) Residential care facilities that choose not to become assisted living facilities will be permitted to continue participating in the Medicaid personal care program. (2) If an assisted living facility has Medicaid residents who are not in the waiver program but could qualify for nonwaiver Medicaid services, then the facility shall be permitted to provide Medicaid personal care for those residents. (i) Assisted living services may be provided directly or through contractual arrangement. Amended by Act 2019, No. 315,§ 1908, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1907, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1906, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1905, eff. 7/24/2019. Acts 2001, No. 1230, § 4.

(a) The Department of Human Services shall establish an assisted living program for adults, including those who meet the medical necessity determination for nursing facility care. However, such individuals cannot have conditions that require twenty-four-hour nursing.

(b) (1) The department shall promulgate rules not inconsistent with the provisions of this subchapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this subchapter. (2) The rules, including documentation, shall take into account the congregate nature of assisted living as opposed to individual settings, and the rules shall include, but not be limited to: (A) Fire, health, and life safety codes; (B) Physical plant requirements, including space requirements for housing, toilet facilities, and related items; (C) Staffing requirements; and (D) Services requirements.

(1) The department shall promulgate rules not inconsistent with the provisions of this subchapter as it shall deem necessary or desirable to properly and efficiently carry out the purposes and intent of this subchapter.

(2) The rules, including documentation, shall take into account the congregate nature of assisted living as opposed to individual settings, and the rules shall include, but not be limited to: (A) Fire, health, and life safety codes; (B) Physical plant requirements, including space requirements for housing, toilet facilities, and related items; (C) Staffing requirements; and (D) Services requirements.

(A) Fire, health, and life safety codes;

(B) Physical plant requirements, including space requirements for housing, toilet facilities, and related items;

(C) Staffing requirements; and

(D) Services requirements.

(c) (1) No resident shall be permitted to remain in an assisted living facility if his or her condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide. (2) This prohibition shall apply even if the resident is willing to enter into an agreement to relieve the facility of responsibility or otherwise manage the risk.

(1) No resident shall be permitted to remain in an assisted living facility if his or her condition requires twenty-four-hour nursing care or other services that an assisted living facility is not authorized by law to provide.

(2) This prohibition shall apply even if the resident is willing to enter into an agreement to relieve the facility of responsibility or otherwise manage the risk.

(d) Upon application, residential care facilities licensed or holding a permit of approval as of April 2, 2001, and subsequent purchasers shall be licensed as assisted living facilities, provided that: (1) The facility shall provide a small refrigerator in each resident's room, except as otherwise provided by rule; (2) The facility shall provide a microwave oven in each resident's room, except as otherwise provided by rule; (3) The facility meets minimum space requirements for resident rooms of one hundred fifty square feet (150 sq. ft.) per person or two hundred thirty square feet (230 sq. ft.) for two (2) persons sharing a room, exclusive of entryway, closet, and bathroom, or one hundred square feet (100 sq. ft.) per person or one hundred eighty square feet (180 sq. ft.) for two (2) persons if the room has a half or full bath or if there is a shared bathroom between two (2) rooms; (4) The application conforms to all other assisted living rules, except as provided in this subchapter; and (5) Before obtaining the assisted living license, the residential care facility has no more than two (2) Class A or Class B violations pursuant to § 20-10-205 within the previous six (6) months.

(1) The facility shall provide a small refrigerator in each resident's room, except as otherwise provided by rule;

(2) The facility shall provide a microwave oven in each resident's room, except as otherwise provided by rule;

(3) The facility meets minimum space requirements for resident rooms of one hundred fifty square feet (150 sq. ft.) per person or two hundred thirty square feet (230 sq. ft.) for two (2) persons sharing a room, exclusive of entryway, closet, and bathroom, or one hundred square feet (100 sq. ft.) per person or one hundred eighty square feet (180 sq. ft.) for two (2) persons if the room has a half or full bath or if there is a shared bathroom between two (2) rooms;

(4) The application conforms to all other assisted living rules, except as provided in this subchapter; and

(5) Before obtaining the assisted living license, the residential care facility has no more than two (2) Class A or Class B violations pursuant to § 20-10-205 within the previous six (6) months.

(e) Residential care facilities which choose to become assisted living facilities under subsection (d) of this section shall not be required to meet physical plant or other physical amenities requirements beyond those required for residential care facilities as of January 1, 2001, except as provided in subsection (d) of this section.

(f) Assisted living rules promulgated by the department shall be reasonable and shall not have the effect of excluding residential care facilities from entering the program, provided they meet the requirements of this subchapter.

(g) (1) The department shall take all actions necessary to develop a home- and community-based care waiver application in accordance with § 1915(c) of the Social Security Act. (2) The waiver application shall seek federal financial participation to increase access to services in assisted living facilities by raising Medicaid income and resource limits to the maximum eligibility level of other home- and community-based waivers in effect. (3) The waiver application shall seek permission to serve a minimum of one thousand (1,000) persons at a time and shall be submitted to the Centers for Medicare & Medicaid Services by June 30, 2001. (4) The department's implementation of the waiver shall be reasonable and shall not have the effect of excluding residential care facilities which have become assisted living facilities under the provisions of this subchapter.

(1) The department shall take all actions necessary to develop a home- and community-based care waiver application in accordance with § 1915(c) of the Social Security Act.

(2) The waiver application shall seek federal financial participation to increase access to services in assisted living facilities by raising Medicaid income and resource limits to the maximum eligibility level of other home- and community-based waivers in effect.

(3) The waiver application shall seek permission to serve a minimum of one thousand (1,000) persons at a time and shall be submitted to the Centers for Medicare & Medicaid Services by June 30, 2001.

(4) The department's implementation of the waiver shall be reasonable and shall not have the effect of excluding residential care facilities which have become assisted living facilities under the provisions of this subchapter.

(h) (1) Residential care facilities that choose not to become assisted living facilities will be permitted to continue participating in the Medicaid personal care program. (2) If an assisted living facility has Medicaid residents who are not in the waiver program but could qualify for nonwaiver Medicaid services, then the facility shall be permitted to provide Medicaid personal care for those residents.

(1) Residential care facilities that choose not to become assisted living facilities will be permitted to continue participating in the Medicaid personal care program.

(2) If an assisted living facility has Medicaid residents who are not in the waiver program but could qualify for nonwaiver Medicaid services, then the facility shall be permitted to provide Medicaid personal care for those residents.

(i) Assisted living services may be provided directly or through contractual arrangement.

Amended by Act 2019, No. 315,§ 1908, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1907, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1906, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1905, eff. 7/24/2019.

Acts 2001, No. 1230, § 4.
Ark. Code Ann. § 20-17-217 — AR Code / Title 20 / Chapter 17 / Subchapter 2 / Section 20-17-217
Effective date
Status: in_force

This subchapter takes effect on July 20, 1987. Acts 1987, No. 713, § 17.

This subchapter takes effect on July 20, 1987.

Acts 1987, No. 713, § 17.
Ark. Code Ann. § 20-8-1102 — AR Code / Title 20 / Chapter 8 / Subchapter 11 / Section 20-8-1102
Duties
Status: in_force

The Alzheimer's Disease and Dementia Advisory Council shall: (1) Examine the: (A) Needs of individuals living with Alzheimer's disease or other dementias; (B) Services available in the state for individuals living with Alzheimer's disease or other dementias and their family caregivers; and (C) Ability of healthcare providers and facilities to meet the current and future needs of individuals living with Alzheimer's disease or other dementias; and (2) Consider and make findings and recommendations on the following, which shall be known as the "State Alzheimer's Plan": (A) Trends in the state's Alzheimer's disease and other dementia populations and service needs, including without limitation: (i) The state's role in providing or facilitating long-term care, family caregiver support, and assistance to those individuals with early-stage or early-onset Alzheimer's disease or other dementias; (ii) The state's policies regarding individuals with Alzheimer's disease or other dementias; (iii) The fiscal impact of Alzheimer's disease and other dementias on publicly funded healthcare programs; and (iv) The establishment of a surveillance system to better determine the number of individuals diagnosed with Alzheimer's disease or other dementias and to monitor changes to the number of individuals diagnosed with Alzheimer's disease or other dementias; (B) Existing resources, services, and capacity relating to the diagnosis and care of individuals living with Alzheimer's disease or other dementias, including without limitation: (i) The type, cost, and availability of Alzheimer's disease and other dementias care services; (ii) The availability of healthcare workers who can serve people with dementia, including without limitation neurologists, geriatricians, and direct care workers; (iii) Dementia-specific training requirements for public and private employees who interact with people living with Alzheimer's or other dementias, including without limitation long-term care workers, case managers, adult protective services, law enforcement, and first responders; (iv) Home-based and community-based services, including without limitation respite care for individuals diagnosed with Alzheimer's disease or other dementias and their families; (v) Quality care measures for home-based and community-based services and residential care facilities; and (vi) State-supported Alzheimer's and other dementias research conducted at universities located in this state; and (C) Policies and strategies that address: (i) Increasing public awareness of Alzheimer's disease and other dementias; (ii) Educating healthcare providers to increase early detection and diagnosis of Alzheimer's disease and other dementias; (iii) Improving the health care received by individuals diagnosed with Alzheimer's disease and other dementias; (iv) Evaluating the capacity of the healthcare system in meeting the growing number and needs of those individuals with Alzheimer's disease and other dementias; (v) Increasing the number of healthcare professionals available to treat the growing aging and Alzheimer's disease and dementia populations; (vi) Improving services provided in the home and community to delay and decrease the need for institutionalized care for individuals with Alzheimer's disease or other dementias; (vii) Improving long-term care, including without limitation assisted living, for those individuals with Alzheimer's disease or other dementias; (viii) Assisting unpaid Alzheimer's disease and other dementias caregivers; (ix) Increasing and improving research on Alzheimer's disease and other dementias; (x) Promoting activities to maintain and improve brain health; (xi) Improving the collection of data and information related to Alzheimer's disease and other dementias and their public health burdens; (xii) Improving public safety for and addressing the safety-related needs of those individuals with Alzheimer's disease or other dementias; (xiii) Addressing legal protections for and legal issues faced by individuals with Alzheimer's disease or other dementias; and (xiv) Improving the ways in which the state government evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease or other dementias and their families. Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.

The Alzheimer's Disease and Dementia Advisory Council shall:

(1) Examine the: (A) Needs of individuals living with Alzheimer's disease or other dementias; (B) Services available in the state for individuals living with Alzheimer's disease or other dementias and their family caregivers; and (C) Ability of healthcare providers and facilities to meet the current and future needs of individuals living with Alzheimer's disease or other dementias; and

(A) Needs of individuals living with Alzheimer's disease or other dementias;

(B) Services available in the state for individuals living with Alzheimer's disease or other dementias and their family caregivers; and

(C) Ability of healthcare providers and facilities to meet the current and future needs of individuals living with Alzheimer's disease or other dementias; and

(2) Consider and make findings and recommendations on the following, which shall be known as the "State Alzheimer's Plan": (A) Trends in the state's Alzheimer's disease and other dementia populations and service needs, including without limitation: (i) The state's role in providing or facilitating long-term care, family caregiver support, and assistance to those individuals with early-stage or early-onset Alzheimer's disease or other dementias; (ii) The state's policies regarding individuals with Alzheimer's disease or other dementias; (iii) The fiscal impact of Alzheimer's disease and other dementias on publicly funded healthcare programs; and (iv) The establishment of a surveillance system to better determine the number of individuals diagnosed with Alzheimer's disease or other dementias and to monitor changes to the number of individuals diagnosed with Alzheimer's disease or other dementias; (B) Existing resources, services, and capacity relating to the diagnosis and care of individuals living with Alzheimer's disease or other dementias, including without limitation: (i) The type, cost, and availability of Alzheimer's disease and other dementias care services; (ii) The availability of healthcare workers who can serve people with dementia, including without limitation neurologists, geriatricians, and direct care workers; (iii) Dementia-specific training requirements for public and private employees who interact with people living with Alzheimer's or other dementias, including without limitation long-term care workers, case managers, adult protective services, law enforcement, and first responders; (iv) Home-based and community-based services, including without limitation respite care for individuals diagnosed with Alzheimer's disease or other dementias and their families; (v) Quality care measures for home-based and community-based services and residential care facilities; and (vi) State-supported Alzheimer's and other dementias research conducted at universities located in this state; and (C) Policies and strategies that address: (i) Increasing public awareness of Alzheimer's disease and other dementias; (ii) Educating healthcare providers to increase early detection and diagnosis of Alzheimer's disease and other dementias; (iii) Improving the health care received by individuals diagnosed with Alzheimer's disease and other dementias; (iv) Evaluating the capacity of the healthcare system in meeting the growing number and needs of those individuals with Alzheimer's disease and other dementias; (v) Increasing the number of healthcare professionals available to treat the growing aging and Alzheimer's disease and dementia populations; (vi) Improving services provided in the home and community to delay and decrease the need for institutionalized care for individuals with Alzheimer's disease or other dementias; (vii) Improving long-term care, including without limitation assisted living, for those individuals with Alzheimer's disease or other dementias; (viii) Assisting unpaid Alzheimer's disease and other dementias caregivers; (ix) Increasing and improving research on Alzheimer's disease and other dementias; (x) Promoting activities to maintain and improve brain health; (xi) Improving the collection of data and information related to Alzheimer's disease and other dementias and their public health burdens; (xii) Improving public safety for and addressing the safety-related needs of those individuals with Alzheimer's disease or other dementias; (xiii) Addressing legal protections for and legal issues faced by individuals with Alzheimer's disease or other dementias; and (xiv) Improving the ways in which the state government evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease or other dementias and their families.

(A) Trends in the state's Alzheimer's disease and other dementia populations and service needs, including without limitation: (i) The state's role in providing or facilitating long-term care, family caregiver support, and assistance to those individuals with early-stage or early-onset Alzheimer's disease or other dementias; (ii) The state's policies regarding individuals with Alzheimer's disease or other dementias; (iii) The fiscal impact of Alzheimer's disease and other dementias on publicly funded healthcare programs; and (iv) The establishment of a surveillance system to better determine the number of individuals diagnosed with Alzheimer's disease or other dementias and to monitor changes to the number of individuals diagnosed with Alzheimer's disease or other dementias;

(i) The state's role in providing or facilitating long-term care, family caregiver support, and assistance to those individuals with early-stage or early-onset Alzheimer's disease or other dementias;

(ii) The state's policies regarding individuals with Alzheimer's disease or other dementias;

(iii) The fiscal impact of Alzheimer's disease and other dementias on publicly funded healthcare programs; and

(iv) The establishment of a surveillance system to better determine the number of individuals diagnosed with Alzheimer's disease or other dementias and to monitor changes to the number of individuals diagnosed with Alzheimer's disease or other dementias;

(B) Existing resources, services, and capacity relating to the diagnosis and care of individuals living with Alzheimer's disease or other dementias, including without limitation: (i) The type, cost, and availability of Alzheimer's disease and other dementias care services; (ii) The availability of healthcare workers who can serve people with dementia, including without limitation neurologists, geriatricians, and direct care workers; (iii) Dementia-specific training requirements for public and private employees who interact with people living with Alzheimer's or other dementias, including without limitation long-term care workers, case managers, adult protective services, law enforcement, and first responders; (iv) Home-based and community-based services, including without limitation respite care for individuals diagnosed with Alzheimer's disease or other dementias and their families; (v) Quality care measures for home-based and community-based services and residential care facilities; and (vi) State-supported Alzheimer's and other dementias research conducted at universities located in this state; and

(i) The type, cost, and availability of Alzheimer's disease and other dementias care services;

(ii) The availability of healthcare workers who can serve people with dementia, including without limitation neurologists, geriatricians, and direct care workers;

(iii) Dementia-specific training requirements for public and private employees who interact with people living with Alzheimer's or other dementias, including without limitation long-term care workers, case managers, adult protective services, law enforcement, and first responders;

(iv) Home-based and community-based services, including without limitation respite care for individuals diagnosed with Alzheimer's disease or other dementias and their families;

(v) Quality care measures for home-based and community-based services and residential care facilities; and

(vi) State-supported Alzheimer's and other dementias research conducted at universities located in this state; and

(C) Policies and strategies that address: (i) Increasing public awareness of Alzheimer's disease and other dementias; (ii) Educating healthcare providers to increase early detection and diagnosis of Alzheimer's disease and other dementias; (iii) Improving the health care received by individuals diagnosed with Alzheimer's disease and other dementias; (iv) Evaluating the capacity of the healthcare system in meeting the growing number and needs of those individuals with Alzheimer's disease and other dementias; (v) Increasing the number of healthcare professionals available to treat the growing aging and Alzheimer's disease and dementia populations; (vi) Improving services provided in the home and community to delay and decrease the need for institutionalized care for individuals with Alzheimer's disease or other dementias; (vii) Improving long-term care, including without limitation assisted living, for those individuals with Alzheimer's disease or other dementias; (viii) Assisting unpaid Alzheimer's disease and other dementias caregivers; (ix) Increasing and improving research on Alzheimer's disease and other dementias; (x) Promoting activities to maintain and improve brain health; (xi) Improving the collection of data and information related to Alzheimer's disease and other dementias and their public health burdens; (xii) Improving public safety for and addressing the safety-related needs of those individuals with Alzheimer's disease or other dementias; (xiii) Addressing legal protections for and legal issues faced by individuals with Alzheimer's disease or other dementias; and (xiv) Improving the ways in which the state government evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease or other dementias and their families.

(i) Increasing public awareness of Alzheimer's disease and other dementias;

(ii) Educating healthcare providers to increase early detection and diagnosis of Alzheimer's disease and other dementias;

(iii) Improving the health care received by individuals diagnosed with Alzheimer's disease and other dementias;

(iv) Evaluating the capacity of the healthcare system in meeting the growing number and needs of those individuals with Alzheimer's disease and other dementias;

(v) Increasing the number of healthcare professionals available to treat the growing aging and Alzheimer's disease and dementia populations;

(vi) Improving services provided in the home and community to delay and decrease the need for institutionalized care for individuals with Alzheimer's disease or other dementias;

(vii) Improving long-term care, including without limitation assisted living, for those individuals with Alzheimer's disease or other dementias;

(viii) Assisting unpaid Alzheimer's disease and other dementias caregivers;

(ix) Increasing and improving research on Alzheimer's disease and other dementias;

(x) Promoting activities to maintain and improve brain health;

(xi) Improving the collection of data and information related to Alzheimer's disease and other dementias and their public health burdens;

(xii) Improving public safety for and addressing the safety-related needs of those individuals with Alzheimer's disease or other dementias;

(xiii) Addressing legal protections for and legal issues faced by individuals with Alzheimer's disease or other dementias; and

(xiv) Improving the ways in which the state government evaluates and adopts policies to assist individuals diagnosed with Alzheimer's disease or other dementias and their families.

Added by Act 2021, No. 391,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 20-56-215 — AR Code / Title 20 / Chapter 56 / Subchapter 2 / Section 20-56-215
Prohibited acts
Status: in_force

The following acts and the causing thereof within the State of Arkansas are prohibited: (1) The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned; (2) The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic; (3) The receipt in commerce of any food, drug, device, or cosmetic knowing it to be adulterated, misbranded, or abandoned, and the delivery or proffered delivery thereof for pay or otherwise; (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 20-56-217 ; (5) The dissemination of any false advertisement; (6) The refusal to permit entry or inspection or to permit the taking of a sample, as authorized by § 20-56-220 ; (7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Arkansas from whom he or she recieved in good faith the food, drug, device, or cosmetic; (8) The removal or disposal of a detained or embargoed article in violation of § 20-56-216 ; (9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article's being misbranded; and (10) Forging, counterfeiting, simulating, falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2172, eff. 7/24/2019. Acts 1953, No. 415, § 3; A.S.A. 1947, § 82-1103; Acts 1991, No. 924, § 2.

The following acts and the causing thereof within the State of Arkansas are prohibited:

(1) The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned;

(2) The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic;

(3) The receipt in commerce of any food, drug, device, or cosmetic knowing it to be adulterated, misbranded, or abandoned, and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 20-56-217 ;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection or to permit the taking of a sample, as authorized by § 20-56-220 ;

(7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Arkansas from whom he or she recieved in good faith the food, drug, device, or cosmetic;

(8) The removal or disposal of a detained or embargoed article in violation of § 20-56-216 ;

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article's being misbranded; and

(10) Forging, counterfeiting, simulating, falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2172, eff. 7/24/2019.

Acts 1953, No. 415, § 3; A.S.A. 1947, § 82-1103; Acts 1991, No. 924, § 2.
Ark. Code Ann. § 20-78-104 — AR Code / Title 20 / Chapter 78 / Subchapter 1 / Section 20-78-104
Child Health and Family Life Institute
Status: in_force

(a) (1) The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital. (2) Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute. (3) The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital. (4) Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute. (b) (1) The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute. (2) The department shall make every effort to advance the KIDS FIRST Program statewide. (3) The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute. Acts 1995, No. 1099, § 27; 1995, No. 1198, § 96.

(a) (1) The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital. (2) Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute. (3) The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital. (4) Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute.

(1) The Child Health and Family Life Institute shall be administered under the direction of Arkansas Children's Hospital.

(2) Arkansas Children's Hospital shall enter into a cooperative agreement or contract with the Department of Pediatrics of the University of Arkansas for Medical Sciences for services required in delivering the programs of the institute.

(3) The KIDS FIRST Program, a component of the institute, shall receive priority consideration above all other programs of the institute when funding decisions are made by Arkansas Children's Hospital.

(4) Arkansas Children's Hospital shall make quarterly reports to the Legislative Council on matters of funding, existing programs, and any new programs and services offered through the institute.

(b) (1) The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute. (2) The department shall make every effort to advance the KIDS FIRST Program statewide. (3) The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute.

(1) The Chancellor of the University of Arkansas for Medical Sciences shall designate an individual from the department who shall provide administrative oversight of the cooperative agreements or contract with Arkansas Children's Hospital in delivering the programs of the institute.

(2) The department shall make every effort to advance the KIDS FIRST Program statewide.

(3) The designated administrator from the department shall make quarterly reports to the chancellor and the Legislative Council on all matters of funding, existing programs, and services offered through the institute.

Acts 1995, No. 1099, § 27; 1995, No. 1198, § 96.
Ark. Code Ann. § 20-18-407 — AR Code / Title 20 / Chapter 18 / Subchapter 4 / Section 20-18-407
Social Security account information of parents
Status: in_force

(a) Social Security account information of parents of a child born within this state shall be furnished to the Division of Vital Records of the Department of Health at the time of filing the certificate of birth, but such information shall not appear on the certificate. (b) The Division of Vital Records shall make available the records of parent name and Social Security number to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for its use in the establishment of paternity or the enforcement of child support orders through electronic transfer mechanism. Such a disclosure shall constitute an exception to the prohibitions within § 20-18-304 . (c) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation. Acts 1989, No. 805, § 1; 1991, No. 474, § 1; 1995, No. 1184, § 32.

(a) Social Security account information of parents of a child born within this state shall be furnished to the Division of Vital Records of the Department of Health at the time of filing the certificate of birth, but such information shall not appear on the certificate.

(b) The Division of Vital Records shall make available the records of parent name and Social Security number to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for its use in the establishment of paternity or the enforcement of child support orders through electronic transfer mechanism. Such a disclosure shall constitute an exception to the prohibitions within § 20-18-304 .

(c) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation.

Acts 1989, No. 805, § 1; 1991, No. 474, § 1; 1995, No. 1184, § 32.
Ark. Code Ann. § 20-56-411 — AR Code / Title 20 / Chapter 56 / Subchapter 4 / Section 20-56-411
[See Note] Providing minors with hemp-derived products - Purchase, use, or possession prohibited
Status: in_force

(a) (1) It is unlawful for any person to give, barter, or sell to a minor a hemp-derived product. (2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor. (3) An employee or owner of a retail location permitted under this subchapter who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation. (b) (1) It is unlawful for a minor to: (A) Use or possess or to purchase or attempt to purchase a hemp-derived product; or (B) For the purpose of obtaining or attempting to obtain a hemp-derived product, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age. (2) Any hemp-derived product found in the possession of a minor may be confiscated and destroyed by a law enforcement officer. (c) (1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of hemp-derived product to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of hemp-derived products to minors; (C) The minor was acting at the request of a permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell hemp-derived products to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment. (2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 . (d) Any person who sells hemp-derived products has the right to deny the sale of any hemp-derived product to any person. (e) It is unlawful for any person who has been issued a permit or a license under this subchapter to fail to display in a conspicuous place a sign indicating that the sale of hemp-derived products to or purchase or possession of hemp-derived products by a minor is prohibited by law. (f) It is unlawful for any manufacturer whose hemp-derived product is distributed in this state and any person who has been issued a permit or license under this subchapter to distribute a free sample of any hemp-derived product, or any component of a hemp-derived product or coupon that entitles the holder of the coupon to any free sample of any hemp-derived product, or any component of a hemp-derived product: (1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or (2) To any minor. (g) It is unlawful for any person that has been issued a permit or license under this subchapter to: (1) Sell or distribute a hemp-derived product through a self-service display, a vending machine, or an order executed solely over the internet or similar means; or (2) Advertise or promote hemp-derived products in a manner that is intended to appeal to children. (h) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256 . (i) (1) A notice of an alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation. (2) (A) The notice under subdivision (i)(1) of this section shall contain the date and time of the alleged violation. (B) (i) The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number of the sale in the store; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number of the sale in the store. (j) Notwithstanding the provisions of subsection (h) of this section, the court shall consider the following factors when reviewing a possible violation: (1) The business has adopted and enforced a written policy against selling hemp-derived products to minors; (2) The business has informed its employees of the applicable laws regarding the sale of hemp-derived products to minors; (3) The business has required employees to verify the age of a customer attempting to purchase a hemp-derived product by way of photographic identification; (4) The business has established and imposed disciplinary sanctions for noncompliance; and (5) That the appearance of the purchaser of the hemp-derived product was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase. (k) A person convicted of violating any provision of this section whose permit or license to distribute or sell a hemp-derived product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a hemp-derived product, and the court shall transmit the permit or license to distribute or sell a hemp-derived product to the Director of Arkansas Tobacco Control: (1) To suspend or revoke the person's permit or license to distribute or sell a hemp-derived product and to not renew the permit or license; and (2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section. Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..

(a) (1) It is unlawful for any person to give, barter, or sell to a minor a hemp-derived product. (2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor. (3) An employee or owner of a retail location permitted under this subchapter who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.

(1) It is unlawful for any person to give, barter, or sell to a minor a hemp-derived product.

(2) Except as provided in subdivision (a)(3) of this section, a person who pleads guilty or nolo contendere to or is found guilty of violating subdivision (a)(1) of this section is guilty of a Class A misdemeanor.

(3) An employee or owner of a retail location permitted under this subchapter who violates subdivision (a)(1) of this section while inside the retail location upon conviction is subject to a fine not to exceed one hundred dollars ($100) per violation.

(b) (1) It is unlawful for a minor to: (A) Use or possess or to purchase or attempt to purchase a hemp-derived product; or (B) For the purpose of obtaining or attempting to obtain a hemp-derived product, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age. (2) Any hemp-derived product found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(1) It is unlawful for a minor to: (A) Use or possess or to purchase or attempt to purchase a hemp-derived product; or (B) For the purpose of obtaining or attempting to obtain a hemp-derived product, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(A) Use or possess or to purchase or attempt to purchase a hemp-derived product; or

(B) For the purpose of obtaining or attempting to obtain a hemp-derived product, falsely represent himself or herself not to be a minor by displaying proof of age that is false, fraudulent, or not actually proof of the minor's age.

(2) Any hemp-derived product found in the possession of a minor may be confiscated and destroyed by a law enforcement officer.

(c) (1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of hemp-derived product to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of hemp-derived products to minors; (C) The minor was acting at the request of a permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell hemp-derived products to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment. (2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(1) It is not an offense under subsection (b) of this section if: (A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of hemp-derived product to minors; (B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of hemp-derived products to minors; (C) The minor was acting at the request of a permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell hemp-derived products to the minor; or (D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(A) The minor was acting at the direction of an authorized agent of Arkansas Tobacco Control to enforce or ensure compliance with laws relating to the prohibition of the sale of hemp-derived product to minors;

(B) The minor was acting at the direction of an authorized agent of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to compile statistical data relating to the sale of hemp-derived products to minors;

(C) The minor was acting at the request of a permit holder to assist the permit holder by performing a check on the permit holder's own retail business to see if the permit holder's employees would sell hemp-derived products to the minor; or

(D) The minor was acting as an agent of a retail permit holder within the scope of employment.

(2) A minor performing activities under subdivision (c)(1) of this section shall: (A) Display the appearance of a minor; (B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and (C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(A) Display the appearance of a minor;

(B) Have the written consent of the minor's parent or guardian to perform the activity on file with the agency utilizing the minor; and

(C) (i) Present a true and correct identification if asked. (ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(i) Present a true and correct identification if asked.

(ii) Any failure on the part of a minor to provide true and correct identification upon request is a defense to any action under this section or a civil action under § 26-57-256 .

(d) Any person who sells hemp-derived products has the right to deny the sale of any hemp-derived product to any person.

(e) It is unlawful for any person who has been issued a permit or a license under this subchapter to fail to display in a conspicuous place a sign indicating that the sale of hemp-derived products to or purchase or possession of hemp-derived products by a minor is prohibited by law.

(f) It is unlawful for any manufacturer whose hemp-derived product is distributed in this state and any person who has been issued a permit or license under this subchapter to distribute a free sample of any hemp-derived product, or any component of a hemp-derived product or coupon that entitles the holder of the coupon to any free sample of any hemp-derived product, or any component of a hemp-derived product: (1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or (2) To any minor.

(1) In or on any public street or sidewalk within five hundred feet (500') of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or

(2) To any minor.

(g) It is unlawful for any person that has been issued a permit or license under this subchapter to: (1) Sell or distribute a hemp-derived product through a self-service display, a vending machine, or an order executed solely over the internet or similar means; or (2) Advertise or promote hemp-derived products in a manner that is intended to appeal to children.

(1) Sell or distribute a hemp-derived product through a self-service display, a vending machine, or an order executed solely over the internet or similar means; or

(2) Advertise or promote hemp-derived products in a manner that is intended to appeal to children.

(h) Any retail permit holder or license holder who violates any provision in this section is deemed guilty of a violation and subject to penalties under § 26-57-256 .

(i) (1) A notice of an alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation. (2) (A) The notice under subdivision (i)(1) of this section shall contain the date and time of the alleged violation. (B) (i) The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number of the sale in the store; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number of the sale in the store.

(1) A notice of an alleged violation of this section shall be given to the holder of a retail permit or license or an agent of the holder within ten (10) days of the alleged violation.

(2) (A) The notice under subdivision (i)(1) of this section shall contain the date and time of the alleged violation. (B) (i) The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number of the sale in the store; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number of the sale in the store.

(A) The notice under subdivision (i)(1) of this section shall contain the date and time of the alleged violation.

(B) (i) The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale. (ii) When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number of the sale in the store; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number of the sale in the store.

(i) The notice under subdivision (i)(1) of this section shall also include either the name of the person making the alleged sale or information reasonably necessary to determine the location in the store that allegedly made the sale.

(ii) When appropriate, information under subdivision (i)(2)(B)(i) of this section should include, but not be limited to, the: (a) Cash register number of the sale in the store; (b) Physical location of the sale in the store; and (c) If possible, the lane or aisle number of the sale in the store.

(a) Cash register number of the sale in the store;

(b) Physical location of the sale in the store; and

(c) If possible, the lane or aisle number of the sale in the store.

(j) Notwithstanding the provisions of subsection (h) of this section, the court shall consider the following factors when reviewing a possible violation: (1) The business has adopted and enforced a written policy against selling hemp-derived products to minors; (2) The business has informed its employees of the applicable laws regarding the sale of hemp-derived products to minors; (3) The business has required employees to verify the age of a customer attempting to purchase a hemp-derived product by way of photographic identification; (4) The business has established and imposed disciplinary sanctions for noncompliance; and (5) That the appearance of the purchaser of the hemp-derived product was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(1) The business has adopted and enforced a written policy against selling hemp-derived products to minors;

(2) The business has informed its employees of the applicable laws regarding the sale of hemp-derived products to minors;

(3) The business has required employees to verify the age of a customer attempting to purchase a hemp-derived product by way of photographic identification;

(4) The business has established and imposed disciplinary sanctions for noncompliance; and

(5) That the appearance of the purchaser of the hemp-derived product was such that an ordinary prudent person would believe him or her to be of legal age to make the purchase.

(k) A person convicted of violating any provision of this section whose permit or license to distribute or sell a hemp-derived product is suspended or revoked upon conviction shall surrender to the court any permit or license to distribute or sell a hemp-derived product, and the court shall transmit the permit or license to distribute or sell a hemp-derived product to the Director of Arkansas Tobacco Control: (1) To suspend or revoke the person's permit or license to distribute or sell a hemp-derived product and to not renew the permit or license; and (2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

(1) To suspend or revoke the person's permit or license to distribute or sell a hemp-derived product and to not renew the permit or license; and

(2) Not to issue any new permit or license to that person for the period of time determined by the court in accordance with this section.

Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..
Ark. Code Ann. § 20-13-706 — AR Code / Title 20 / Chapter 13 / Subchapter 7 / Section 20-13-706
Director - Powers and duties
Status: in_force

(a) The Director of the Arkansas Poison and Drug Information Center shall serve at the pleasure of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences. (b) The director may: (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter; (2) Engage in any educational program or effort if, in his or her judgment, such an activity would effectuate the purposes of this subchapter; (3) Employ experts and consultants and compensate those individuals at rates determined by the director; (4) Engage in programs of experimental or demonstrational research; (5) Appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter and reimburse the members for their expenses in accordance with § 25-16-901 et seq.; (6) Accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources; (7) Formulate, promulgate, adopt, amend, and enforce rules and regulatory standards necessary to effectuate this subchapter; (8) Establish and charge fees for the provision of nonemergency informational and educational services, as well as contract therefor; and (9) Establish a "1-900" telephone number if funding otherwise precludes twenty-four-hour coverage consistent with requirements for certification by the American Association of Poison Control Centers. Amended by Act 2019, No. 315,§ 1925, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1924, eff. 7/24/2019. Acts 1991, No. 796, §§ 3, 4; 1997, No. 250, § 184.

(a) The Director of the Arkansas Poison and Drug Information Center shall serve at the pleasure of the Dean of the College of Pharmacy of the University of Arkansas for Medical Sciences.

(b) The director may: (1) Employ any coordination measures necessary to effectuate the purposes of this subchapter; (2) Engage in any educational program or effort if, in his or her judgment, such an activity would effectuate the purposes of this subchapter; (3) Employ experts and consultants and compensate those individuals at rates determined by the director; (4) Engage in programs of experimental or demonstrational research; (5) Appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter and reimburse the members for their expenses in accordance with § 25-16-901 et seq.; (6) Accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources; (7) Formulate, promulgate, adopt, amend, and enforce rules and regulatory standards necessary to effectuate this subchapter; (8) Establish and charge fees for the provision of nonemergency informational and educational services, as well as contract therefor; and (9) Establish a "1-900" telephone number if funding otherwise precludes twenty-four-hour coverage consistent with requirements for certification by the American Association of Poison Control Centers.

(1) Employ any coordination measures necessary to effectuate the purposes of this subchapter;

(2) Engage in any educational program or effort if, in his or her judgment, such an activity would effectuate the purposes of this subchapter;

(3) Employ experts and consultants and compensate those individuals at rates determined by the director;

(4) Engage in programs of experimental or demonstrational research;

(5) Appoint an advisory committee to assist in the development and review of rules promulgated under the authority of this subchapter and reimburse the members for their expenses in accordance with § 25-16-901 et seq.;

(6) Accept and administer loans, grants, or other funds and gifts, conditional or otherwise, from the United States Government and any other public or private sources;

(7) Formulate, promulgate, adopt, amend, and enforce rules and regulatory standards necessary to effectuate this subchapter;

(8) Establish and charge fees for the provision of nonemergency informational and educational services, as well as contract therefor; and

(9) Establish a "1-900" telephone number if funding otherwise precludes twenty-four-hour coverage consistent with requirements for certification by the American Association of Poison Control Centers.

Amended by Act 2019, No. 315,§ 1925, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1924, eff. 7/24/2019.

Acts 1991, No. 796, §§ 3, 4; 1997, No. 250, § 184.
Ark. Code Ann. § 20-13-307 — AR Code / Title 20 / Chapter 13 / Subchapter 3 / Section 20-13-307
Discontinuance
Status: in_force

(a) The quorum court of any county which has established a system of emergency medical services for the residents of the county or any designated area pursuant to the authority granted in this subchapter may, on its own motion or on petition of a majority of the qualified electors of the county or designated area, discontinue the furnishing of emergency medical services in the county or area and discontinue the levy of service charges in the area. (b) However, the services shall not be discontinued until a public hearing is held at which persons residing in the county or the designated area have an opportunity to appear in behalf of or in opposition to the discontinuance of the services. The time and place of the hearing shall be published in a newspaper of general circulation in the county or designated area at least ten (10) days before the date thereof. (c) When an emergency medical services program is discontinued in the manner authorized in this section, the service charges authorized by the ordinance which established the program shall continue to be collected until all outstanding debts of the program have been paid. Acts 1979, No. 51, § 5; A.S.A. 1947, § 82-3414.

(a) The quorum court of any county which has established a system of emergency medical services for the residents of the county or any designated area pursuant to the authority granted in this subchapter may, on its own motion or on petition of a majority of the qualified electors of the county or designated area, discontinue the furnishing of emergency medical services in the county or area and discontinue the levy of service charges in the area.

(b) However, the services shall not be discontinued until a public hearing is held at which persons residing in the county or the designated area have an opportunity to appear in behalf of or in opposition to the discontinuance of the services. The time and place of the hearing shall be published in a newspaper of general circulation in the county or designated area at least ten (10) days before the date thereof.

(c) When an emergency medical services program is discontinued in the manner authorized in this section, the service charges authorized by the ordinance which established the program shall continue to be collected until all outstanding debts of the program have been paid.

Acts 1979, No. 51, § 5; A.S.A. 1947, § 82-3414.
Ark. Code Ann. § 20-82-208 — AR Code / Title 20 / Chapter 82 / Subchapter 2 / Section 20-82-208
Community Grants for Child Safety Centers Program - Findings - Purpose
Status: in_force

(a) Findings and Purpose. (1) The General Assembly finds and determines that: (A) Abused children often have to describe their sexual or physical abuse several times to different professionals at different locations; (B) Many child abuse investigations are conducted with little collaboration between the agencies involved in the cases; (C) Each agency's child abuse professionals are housed in different facilities and, as a result, interface during the investigation and management of cases is limited; (D) Sexual and physical abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams; and (E) Child safety centers provide: (i) A more child-friendly atmosphere; (ii) Reduced trauma to the children and their families; (iii) Improved investigations and management; (iv) More effective utilization of multi agency information; (v) Greater protection of children; (vi) Increased prosecution of perpetrators; and (vii) Less unnecessary family intervention. (2) The purpose of this section is to encourage the use of existing child safety centers and the development of new centers providing the benefits under one roof. (b) Establishment and Authority. (1) There is established the Community Grants for Child Safety Centers Program. (2) The Department of Finance and Administration shall administer and monitor the grant program for the operation of existing child safety centers and the development of new child safety centers in this state through an annual grant with the Children's Advocacy Centers of Arkansas. (3) On July 31 of each year, the Administrative Office of the Courts shall submit an annual report to the Legislative Council showing the number of persons charged in circuit court for each criminal offense classification, comparing the state and each judicial district. Amended by Act 2021, No. 975,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 975,§ 11, eff. 7/28/2021. Acts 2001, No. 1631, §§ 1, 2; 2007, No. 703, § 17; 2009, No. 952, § 18.

(a) Findings and Purpose. (1) The General Assembly finds and determines that: (A) Abused children often have to describe their sexual or physical abuse several times to different professionals at different locations; (B) Many child abuse investigations are conducted with little collaboration between the agencies involved in the cases; (C) Each agency's child abuse professionals are housed in different facilities and, as a result, interface during the investigation and management of cases is limited; (D) Sexual and physical abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams; and (E) Child safety centers provide: (i) A more child-friendly atmosphere; (ii) Reduced trauma to the children and their families; (iii) Improved investigations and management; (iv) More effective utilization of multi agency information; (v) Greater protection of children; (vi) Increased prosecution of perpetrators; and (vii) Less unnecessary family intervention. (2) The purpose of this section is to encourage the use of existing child safety centers and the development of new centers providing the benefits under one roof.

(1) The General Assembly finds and determines that: (A) Abused children often have to describe their sexual or physical abuse several times to different professionals at different locations; (B) Many child abuse investigations are conducted with little collaboration between the agencies involved in the cases; (C) Each agency's child abuse professionals are housed in different facilities and, as a result, interface during the investigation and management of cases is limited; (D) Sexual and physical abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams; and (E) Child safety centers provide: (i) A more child-friendly atmosphere; (ii) Reduced trauma to the children and their families; (iii) Improved investigations and management; (iv) More effective utilization of multi agency information; (v) Greater protection of children; (vi) Increased prosecution of perpetrators; and (vii) Less unnecessary family intervention.

(A) Abused children often have to describe their sexual or physical abuse several times to different professionals at different locations;

(B) Many child abuse investigations are conducted with little collaboration between the agencies involved in the cases;

(C) Each agency's child abuse professionals are housed in different facilities and, as a result, interface during the investigation and management of cases is limited;

(D) Sexual and physical abuse medical examinations are commonly performed in hospital emergency rooms and other sites that are frightening to children, lack the proper equipment, and often are staffed by physicians uncomfortable with these exams; and

(E) Child safety centers provide: (i) A more child-friendly atmosphere; (ii) Reduced trauma to the children and their families; (iii) Improved investigations and management; (iv) More effective utilization of multi agency information; (v) Greater protection of children; (vi) Increased prosecution of perpetrators; and (vii) Less unnecessary family intervention.

(i) A more child-friendly atmosphere;

(ii) Reduced trauma to the children and their families;

(iii) Improved investigations and management;

(iv) More effective utilization of multi agency information;

(v) Greater protection of children;

(vi) Increased prosecution of perpetrators; and

(vii) Less unnecessary family intervention.

(2) The purpose of this section is to encourage the use of existing child safety centers and the development of new centers providing the benefits under one roof.

(b) Establishment and Authority. (1) There is established the Community Grants for Child Safety Centers Program. (2) The Department of Finance and Administration shall administer and monitor the grant program for the operation of existing child safety centers and the development of new child safety centers in this state through an annual grant with the Children's Advocacy Centers of Arkansas. (3) On July 31 of each year, the Administrative Office of the Courts shall submit an annual report to the Legislative Council showing the number of persons charged in circuit court for each criminal offense classification, comparing the state and each judicial district.

(1) There is established the Community Grants for Child Safety Centers Program.

(2) The Department of Finance and Administration shall administer and monitor the grant program for the operation of existing child safety centers and the development of new child safety centers in this state through an annual grant with the Children's Advocacy Centers of Arkansas.

(3) On July 31 of each year, the Administrative Office of the Courts shall submit an annual report to the Legislative Council showing the number of persons charged in circuit court for each criminal offense classification, comparing the state and each judicial district.

Amended by Act 2021, No. 975,§ 12, eff. 7/28/2021.

Amended by Act 2021, No. 975,§ 11, eff. 7/28/2021.

Acts 2001, No. 1631, §§ 1, 2; 2007, No. 703, § 17; 2009, No. 952, § 18.
Ark. Code Ann. § 20-20-203 — AR Code / Title 20 / Chapter 20 / Subchapter 2 / Section 20-20-203
Definitions
Status: in_force

As used in this subchapter: (1) "Animal" means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish; (2) "Beneficial insects" means those insects that during their lifecycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial; (3) "Certified applicator" means any individual who is certified under this subchapter to use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators; (4) "Commercial applicator" means: (A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or (B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another; (5) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission; (6) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue; (7) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state; (8) "Environment" includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these; (9) "EPA" means the United States Environmental Protection Agency; (10) (A) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in land. (B) "Equipment" does not include any pressurized hand-sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making the pesticide application; (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended; (12) "Fungus" means any non-chlorophyll-bearing thallophytes, that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and except those on or in processed food, beverages, or pharmaceuticals; (13) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and comprising six-legged usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice; (14) "Labeling" means all labels and all other written, printed, or graphic matter: (A) Accompanying the pesticide or device at any time; or (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications in the United States Environmental Protection Agency, the United States Department of Agriculture, the United States Department of the Interior, the United States Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides; (15) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including and used for transportation; (16) "License" or "permit" means a written document issued by the State Plant Board or its authorized agent authorizing the purchase, possession, or use of certain pesticides, restricted-use pesticides, or state restricted-use pesticides; (17) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts. They may also be called "nemas" or "eelworms"; (18) "Noncommercial applicator" means firms, persons, or government agencies that use, supervise the use, or demonstrate the use of any pesticide classified for restricted use and that do not qualify as a private applicator under subdivision (24) of this section nor require a commercial applicator's license under subdivision (4) of this section; (19) "Person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (20) "Pest" means: (A) Any insect, rodent, nematode, fungus, or weed; or (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living human or other living animals, which the United States Environmental Protection Agency declares to be a pest under section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, or which the board declares to be a pest under § 20-20-206(e) ; (21) "Pesticide" means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; (22) "Pesticide dealer" means any person who distributes restricted-use pesticides or pesticides whose uses or distribution are further restricted by the board by rule; (23) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments; (24) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities; (25) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the administrator of the United States Environmental Protection Agency; (26) "State restricted-use pesticide" means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or pesticide use to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife other than pests; (27) "Supervise" or "under the direct supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied; (28) "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide; (29) "Weed" means any plant which grows where not wanted; and (30) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests, including, but not limited to, mammals, birds, and aquatic life. Amended by Act 2019, No. 389,§ 35, eff. 7/24/2019. Acts 1975, No. 389, § 4; A.S.A. 1947, § 77-254; Acts 1995, No. 85, § 1; 1995, No. 110, § 1.

As used in this subchapter:

(1) "Animal" means all vertebrate and invertebrate species including, but not limited to, humans and other mammals, birds, fish, and shellfish;

(2) "Beneficial insects" means those insects that during their lifecycle are effective pollinators of plants, are parasites or predators of pests, or are otherwise beneficial;

(3) "Certified applicator" means any individual who is certified under this subchapter to use or supervise the use of any restricted-use pesticide which is restricted to use by certified applicators;

(4) "Commercial applicator" means: (A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or (B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another;

(A) A certified applicator whether or not he or she is a private applicator with respect to some uses who is engaged in the business and uses or supervises the use of any pesticide classified for restricted use or any other pesticide for any purpose on any lands or property other than as provided by this subdivision (4); or

(B) Any person engaged in the business of aerial application of seeds or fertilizers on the lands of another;

(5) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission;

(6) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue;

(7) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state;

(8) "Environment" includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these;

(9) "EPA" means the United States Environmental Protection Agency;

(10) (A) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in land. (B) "Equipment" does not include any pressurized hand-sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making the pesticide application;

(A) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in land.

(B) "Equipment" does not include any pressurized hand-sized household apparatus used to apply any pesticide or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making the pesticide application;

(11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;

(12) "Fungus" means any non-chlorophyll-bearing thallophytes, that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living humans or other animals and except those on or in processed food, beverages, or pharmaceuticals;

(13) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and comprising six-legged usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice;

(14) "Labeling" means all labels and all other written, printed, or graphic matter: (A) Accompanying the pesticide or device at any time; or (B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications in the United States Environmental Protection Agency, the United States Department of Agriculture, the United States Department of the Interior, the United States Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;

(A) Accompanying the pesticide or device at any time; or

(B) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications in the United States Environmental Protection Agency, the United States Department of Agriculture, the United States Department of the Interior, the United States Department of Health and Human Services, state experiment stations, state agricultural colleges, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;

(15) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances, and machinery appurtenant thereto or situated thereon, fixed or mobile, including and used for transportation;

(16) "License" or "permit" means a written document issued by the State Plant Board or its authorized agent authorizing the purchase, possession, or use of certain pesticides, restricted-use pesticides, or state restricted-use pesticides;

(17) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants, or plant parts. They may also be called "nemas" or "eelworms";

(18) "Noncommercial applicator" means firms, persons, or government agencies that use, supervise the use, or demonstrate the use of any pesticide classified for restricted use and that do not qualify as a private applicator under subdivision (24) of this section nor require a commercial applicator's license under subdivision (4) of this section;

(19) "Person" means any individual, partnership, association, fiduciary, corporation, or any organized group of persons whether incorporated or not;

(20) "Pest" means: (A) Any insect, rodent, nematode, fungus, or weed; or (B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living human or other living animals, which the United States Environmental Protection Agency declares to be a pest under section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, or which the board declares to be a pest under § 20-20-206(e) ;

(A) Any insect, rodent, nematode, fungus, or weed; or

(B) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living human or other living animals, which the United States Environmental Protection Agency declares to be a pest under section 25(c)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act, or which the board declares to be a pest under § 20-20-206(e) ;

(21) "Pesticide" means: (A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and (B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;

(A) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;

(22) "Pesticide dealer" means any person who distributes restricted-use pesticides or pesticides whose uses or distribution are further restricted by the board by rule;

(23) "Plant regulator" means any substance or mixture of substances intended through physiological action for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments;

(24) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;

(25) "Restricted-use pesticide" means any pesticide or pesticide use classified for restricted use by the administrator of the United States Environmental Protection Agency;

(26) "State restricted-use pesticide" means any pesticide or pesticide use which, when used as directed or in accordance with a widespread and commonly recognized practice, the board determines, subsequent to a hearing, requires additional restrictions for that pesticide or pesticide use to prevent unreasonable adverse effects on the environment including humans, land, beneficial insects, animals, crops, and wildlife other than pests;

(27) "Supervise" or "under the direct supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person and who is available when needed, even though the certified applicator is not physically present at the time and place the pesticide is applied;

(28) "Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide;

(29) "Weed" means any plant which grows where not wanted; and

(30) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this subchapter, pests, including, but not limited to, mammals, birds, and aquatic life.

Amended by Act 2019, No. 389,§ 35, eff. 7/24/2019.

Acts 1975, No. 389, § 4; A.S.A. 1947, § 77-254; Acts 1995, No. 85, § 1; 1995, No. 110, § 1.
Ark. Code Ann. § 20-77-2810 — AR Code / Title 20 / Chapter 77 / Subchapter 28 / Section 20-77-2810
Effectiveness - Cessation
Status: in_force

(a) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed, the emergency medical transportation access payments made under § 20-77-2809 shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if: (1) The Medical Transportation Assessment Account access payments required under § 20-77-2809 are changed or the assessments imposed under § 20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or (2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809 ; or (B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area. (b) (1) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed and the emergency medical transportation access payments under § 20-77-2809 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (2) Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-2809 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them. Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.

(a) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed, the emergency medical transportation access payments made under § 20-77-2809 shall cease to be paid, and any moneys remaining in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to medical transportation providers in proportion to the amounts paid by them if: (1) The Medical Transportation Assessment Account access payments required under § 20-77-2809 are changed or the assessments imposed under § 20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or (2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809 ; or (B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(1) The Medical Transportation Assessment Account access payments required under § 20-77-2809 are changed or the assessments imposed under § 20-77-2803 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq.; or

(2) It is determined in the course of an administrative adjudication or in an action under § 25-15-207 that the Division of Medical Services of the Department of Human Services: (A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809 ; or (B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(A) Established Medicaid medical transportation provider payment rates that include an offset, in whole or in part, for any emergency medical transportation access payments under § 20-77-2809 ; or

(B) Included the net effect of any emergency medical transportation access payment under § 20-77-2809 when considering whether Medicaid medical transportation provider payment rates are: (i) Consistent with efficiency, economy, and quality of care; and (ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(i) Consistent with efficiency, economy, and quality of care; and

(ii) Sufficient to enlist enough providers so that Medicaid care and services are available at least to the extent that the care and services are available to the general population in the geographic area.

(b) (1) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed and the emergency medical transportation access payments under § 20-77-2809 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (2) Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-2809 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them.

(1) The medical transportation provider assessment imposed under § 20-77-2803 shall cease to be imposed and the emergency medical transportation access payments under § 20-77-2809 shall cease to be paid if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(2) Moneys in the Medical Transportation Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under § 20-77-2809 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to medical transportation providers in proportion to the amounts paid by them.

Added by Act 2017, No. 969,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 20-17-1012 — AR Code / Title 20 / Chapter 17 / Subchapter 10 / Section 20-17-1012
Permit - Transfer of ownership - Definition
Status: in_force

(a) As used in this section, "controlling interest" means the direct or indirect power to direct the management and policies of a perpetual care cemetery or cemetery company by contract or otherwise, other than as an officer or employee of the perpetual care cemetery or cemetery company. (b) (1) (A) If a change is proposed in the controlling interest of a perpetual care cemetery or a cemetery company or an organization that, directly or indirectly owns a controlling interest in the perpetual care cemetery or cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to gain the controlling interest shall file an application for the issuance of a new permit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) A controlling interest is presumed to exist if an individual or entity directly or indirectly: (i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or (ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company. (2) The application shall be accompanied by: (A) (i) A fee of one thousand five hundred dollars ($1,500). (ii) However, the fee described in subdivision (b)(2)(A)(i) of this section shall not be required if the individual or entity described in subdivision (b)(1)(B)(i) or subdivision (b)(1)(B)(ii) of this section is the heir to the estate of the individual who previously held the controlling interest in the permit; (B) A statement of changes, if any, in the survey and map of the cemetery; (C) A set of rules and regulations for the use, care, management, and protection of the cemetery; (D) The proposed method of continuing the permanent maintenance fund for the cemetery; (E) A statement of the proposed transfer; (F) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the current permit holder has good and merchantable title to the land covered by the permit; (G) A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit; (H) A notarized statement from each current or future lienholder or mortgage holder on the land covered by the permit that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually; (I) (i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser. (ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored; (J) A current notarized statement from the permit holder that the application contains a complete and accurate accounting of all of his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser; (K) A current notarized statement from the purchaser or organization gaining a controlling interest that it will assume the responsibility and liability for the accounts, notes, and contracts of the permit holder contained in the accountings and schedules filed with the application; (L) The financial statement of the purchaser required by rule of the board showing that the purchaser has a minimum net worth of twenty thousand dollars ($20,000); (M) A copy of the sales contract, transaction documents, or conveyance documents; and (N) Any additional information required by the board or the Insurance Commissioner. (3) The board may for good cause waive all or part of an application requirement if the purchaser of a perpetual care cemetery is a state, city, or municipal government or a nonprofit organization as defined by § 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) . (4) Each permit holder of an interest in the cemetery company is liable for any funds and transactions up to the date of the sale or transfer. (c) (1) Before the sale or transfer, the permit holder shall notify the board of the proposed sale or transfer and shall submit to the board, under oath, any document or record the board may require in order to demonstrate that the permit holder is not indebted to the permanent maintenance fund. (2) After the transfer of ownership or a controlling interest, the permit holder shall present to the board proof that payments into the permanent maintenance fund are current. (3) The board may require proof of the status of the permanent maintenance fund by the purchaser for a reasonable period of time as necessary in the public interest. (4) The board may recover from the permit holder or purchaser for the benefit of the permanent maintenance fund: (A) All sums that the permit holder or purchaser has not properly accounted for and paid into the trust fund; and (B) Reasonable expenses incurred by the board if suit is filed or other collection action is taken. (d) A cemetery company that has been issued a permit to operate a cemetery under this subchapter remains liable for the care and maintenance of the cemetery and all amounts owed to the permanent maintenance fund until a new permit is issued to the purchaser. (e) A new permit shall not be issued to the purchaser of any cemetery until the purchaser complies with this subchapter and the board orders a new permit to be issued to the purchaser. (f) A permit holder or purchaser that violates this section is guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the violation. Amended by Act 2021, No. 731,§ 7, eff. 7/28/2021. Amended by Act 2017, No. 788,§ 43, eff. 7/1/2018. Amended by Act 2017, No. 788,§ 42, eff. 7/1/2018. Acts 1977, No. 352, §§ 11, 21; A.S.A. 1947, §§ 82-426.11, 82-426.21; Acts 1997, No. 295, § 7; 2001, No. 1242, § 3; 2001, No. 1553, § 32; 2005, No. 1994, § 113; 2005, No. 2169, § 3; 2009, No. 429, § 1; 2011, No. 590, § 3.

(a) As used in this section, "controlling interest" means the direct or indirect power to direct the management and policies of a perpetual care cemetery or cemetery company by contract or otherwise, other than as an officer or employee of the perpetual care cemetery or cemetery company.

(b) (1) (A) If a change is proposed in the controlling interest of a perpetual care cemetery or a cemetery company or an organization that, directly or indirectly owns a controlling interest in the perpetual care cemetery or cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to gain the controlling interest shall file an application for the issuance of a new permit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) A controlling interest is presumed to exist if an individual or entity directly or indirectly: (i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or (ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company. (2) The application shall be accompanied by: (A) (i) A fee of one thousand five hundred dollars ($1,500). (ii) However, the fee described in subdivision (b)(2)(A)(i) of this section shall not be required if the individual or entity described in subdivision (b)(1)(B)(i) or subdivision (b)(1)(B)(ii) of this section is the heir to the estate of the individual who previously held the controlling interest in the permit; (B) A statement of changes, if any, in the survey and map of the cemetery; (C) A set of rules and regulations for the use, care, management, and protection of the cemetery; (D) The proposed method of continuing the permanent maintenance fund for the cemetery; (E) A statement of the proposed transfer; (F) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the current permit holder has good and merchantable title to the land covered by the permit; (G) A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit; (H) A notarized statement from each current or future lienholder or mortgage holder on the land covered by the permit that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually; (I) (i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser. (ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored; (J) A current notarized statement from the permit holder that the application contains a complete and accurate accounting of all of his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser; (K) A current notarized statement from the purchaser or organization gaining a controlling interest that it will assume the responsibility and liability for the accounts, notes, and contracts of the permit holder contained in the accountings and schedules filed with the application; (L) The financial statement of the purchaser required by rule of the board showing that the purchaser has a minimum net worth of twenty thousand dollars ($20,000); (M) A copy of the sales contract, transaction documents, or conveyance documents; and (N) Any additional information required by the board or the Insurance Commissioner. (3) The board may for good cause waive all or part of an application requirement if the purchaser of a perpetual care cemetery is a state, city, or municipal government or a nonprofit organization as defined by § 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3) . (4) Each permit holder of an interest in the cemetery company is liable for any funds and transactions up to the date of the sale or transfer.

(1) (A) If a change is proposed in the controlling interest of a perpetual care cemetery or a cemetery company or an organization that, directly or indirectly owns a controlling interest in the perpetual care cemetery or cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to gain the controlling interest shall file an application for the issuance of a new permit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (B) A controlling interest is presumed to exist if an individual or entity directly or indirectly: (i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or (ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company.

(A) If a change is proposed in the controlling interest of a perpetual care cemetery or a cemetery company or an organization that, directly or indirectly owns a controlling interest in the perpetual care cemetery or cemetery company, the cemetery company that holds the current permit and the individual or organization proposing to gain the controlling interest shall file an application for the issuance of a new permit with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(B) A controlling interest is presumed to exist if an individual or entity directly or indirectly: (i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or (ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company.

(i) Owns or controls fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company; or

(ii) Holds proxies with the power to vote or voting rights to proxies representing fifty-one percent (51%) or more of the aggregate number of the issued or outstanding ownership interest of a perpetual care cemetery or cemetery company.

(2) The application shall be accompanied by: (A) (i) A fee of one thousand five hundred dollars ($1,500). (ii) However, the fee described in subdivision (b)(2)(A)(i) of this section shall not be required if the individual or entity described in subdivision (b)(1)(B)(i) or subdivision (b)(1)(B)(ii) of this section is the heir to the estate of the individual who previously held the controlling interest in the permit; (B) A statement of changes, if any, in the survey and map of the cemetery; (C) A set of rules and regulations for the use, care, management, and protection of the cemetery; (D) The proposed method of continuing the permanent maintenance fund for the cemetery; (E) A statement of the proposed transfer; (F) A copy of a current title opinion by an Arkansas-licensed attorney or title insurance policy that reflects that the current permit holder has good and merchantable title to the land covered by the permit; (G) A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit; (H) A notarized statement from each current or future lienholder or mortgage holder on the land covered by the permit that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually; (I) (i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser. (ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored; (J) A current notarized statement from the permit holder that the application contains a complete and accurate accounting of all of his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser; (K) A current notarized statement from the purchaser or organization gaining a controlling interest that it will assume the responsibility and liability for the accounts, notes, and contracts of the permit holder contained in the accountings and schedules filed with the application; (L) The financial statement of the purchaser required by rule of the board showing that the purchaser has a minimum net worth of twenty thousand dollars ($20,000); (M) A copy of the sales contract, transaction documents, or conveyance documents; and (N) Any additional information required by the board or the Insurance Commissioner.

(A) (i) A fee of one thousand five hundred dollars ($1,500). (ii) However, the fee described in subdivision (b)(2)(A)(i) of this section shall not be required if the individual or entity described in subdivision (b)(1)(B)(i) or subdivision (b)(1)(B)(ii) of this section is the heir to the estate of the individual who previously held the controlling interest in the permit;

(i) A fee of one thousand five hundred dollars ($1,500).

(ii) However, the fee described in subdivision (b)(2)(A)(i) of this section shall not be required if the individual or entity described in subdivision (b)(1)(B)(i) or subdivision (b)(1)(B)(ii) of this section is the heir to the estate of the individual who previously held the controlling interest in the permit;

(B) A statement of changes, if any, in the survey and map of the cemetery;

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

(D) The proposed method of continuing the permanent maintenance fund for the cemetery;

(E) A statement of the proposed transfer;

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

(G) A notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land covered by the permit;

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

(I) (i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser. (ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored;

(i) A current detailed accounting of all paid-in-full merchandise contracts or accounts of the permit holder for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser.

(ii) The accounting shall be on an individual contract or account basis and contain the name of the purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise purchased, the date the contract or account was paid in full, and the specific location where the merchandise is stored;

(J) A current notarized statement from the permit holder that the application contains a complete and accurate accounting of all of his or her outstanding accounts receivable, discounted notes, and paid-in-full merchandise accounts or contracts for which the merchandise has not been delivered to the purchaser or placed in inventory for the benefit of the purchaser;

(K) A current notarized statement from the purchaser or organization gaining a controlling interest that it will assume the responsibility and liability for the accounts, notes, and contracts of the permit holder contained in the accountings and schedules filed with the application;

(L) The financial statement of the purchaser required by rule of the board showing that the purchaser has a minimum net worth of twenty thousand dollars ($20,000);

(M) A copy of the sales contract, transaction documents, or conveyance documents; and

(N) Any additional information required by the board or the Insurance Commissioner.

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

(4) Each permit holder of an interest in the cemetery company is liable for any funds and transactions up to the date of the sale or transfer.

(c) (1) Before the sale or transfer, the permit holder shall notify the board of the proposed sale or transfer and shall submit to the board, under oath, any document or record the board may require in order to demonstrate that the permit holder is not indebted to the permanent maintenance fund. (2) After the transfer of ownership or a controlling interest, the permit holder shall present to the board proof that payments into the permanent maintenance fund are current. (3) The board may require proof of the status of the permanent maintenance fund by the purchaser for a reasonable period of time as necessary in the public interest. (4) The board may recover from the permit holder or purchaser for the benefit of the permanent maintenance fund: (A) All sums that the permit holder or purchaser has not properly accounted for and paid into the trust fund; and (B) Reasonable expenses incurred by the board if suit is filed or other collection action is taken.

(1) Before the sale or transfer, the permit holder shall notify the board of the proposed sale or transfer and shall submit to the board, under oath, any document or record the board may require in order to demonstrate that the permit holder is not indebted to the permanent maintenance fund.

(2) After the transfer of ownership or a controlling interest, the permit holder shall present to the board proof that payments into the permanent maintenance fund are current.

(3) The board may require proof of the status of the permanent maintenance fund by the purchaser for a reasonable period of time as necessary in the public interest.

(4) The board may recover from the permit holder or purchaser for the benefit of the permanent maintenance fund: (A) All sums that the permit holder or purchaser has not properly accounted for and paid into the trust fund; and (B) Reasonable expenses incurred by the board if suit is filed or other collection action is taken.

(A) All sums that the permit holder or purchaser has not properly accounted for and paid into the trust fund; and

(B) Reasonable expenses incurred by the board if suit is filed or other collection action is taken.

(d) A cemetery company that has been issued a permit to operate a cemetery under this subchapter remains liable for the care and maintenance of the cemetery and all amounts owed to the permanent maintenance fund until a new permit is issued to the purchaser.

(e) A new permit shall not be issued to the purchaser of any cemetery until the purchaser complies with this subchapter and the board orders a new permit to be issued to the purchaser.

(f) A permit holder or purchaser that violates this section is guilty of a violation and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the violation.

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

Amended by Act 2017, No. 788,§ 43, eff. 7/1/2018.

Amended by Act 2017, No. 788,§ 42, eff. 7/1/2018.

Acts 1977, No. 352, §§ 11, 21; A.S.A. 1947, §§ 82-426.11, 82-426.21; Acts 1997, No. 295, § 7; 2001, No. 1242, § 3; 2001, No. 1553, § 32; 2005, No. 1994, § 113; 2005, No. 2169, § 3; 2009, No. 429, § 1; 2011, No. 590, § 3.
Ark. Code Ann. § 20-24-114 — AR Code / Title 20 / Chapter 24 / Section 20-24-114
Additional inspections
Status: in_force

In addition to required inspections, the Department of Labor and Licensing or its authorized representative may designate a licensed inspector in its employ to make such additional inspections as may be required to enforce this chapter and the rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) . Amended by Act 2019, No. 910,§ 5478, eff. 7/1/2019. Amended by Act 2017, No. 968,§ 6, eff. 8/1/2017. Acts 1963, No. 189, § 5; 1969, No. 337, § 2; 1983, No. 284, § 1; A.S.A. 1947, § 82-1805.

In addition to required inspections, the Department of Labor and Licensing or its authorized representative may designate a licensed inspector in its employ to make such additional inspections as may be required to enforce this chapter and the rules adopted by the Elevator Safety Board under § 20-24-107(a) and (b) .

Amended by Act 2019, No. 910,§ 5478, eff. 7/1/2019.

Amended by Act 2017, No. 968,§ 6, eff. 8/1/2017.

Acts 1963, No. 189, § 5; 1969, No. 337, § 2; 1983, No. 284, § 1; A.S.A. 1947, § 82-1805.
Ark. Code Ann. § 20-80-410 — AR Code / Title 20 / Chapter 80 / Subchapter 4 / Section 20-80-410
Development
Status: in_force

(a) (1) Development of the donated parcel shall be strictly for the construction or maintenance of a homestead for eligible persons. (2) Upon completion of the construction of the home, the city, incorporated town, or community organization may sell, lease, or grant the home to any eligible person. (b) (1) The homestead is to be used strictly for the private residence of the eligible person. (2) The sale, lease, or grant of the home shall be a transaction between the applicant and the eligible person. Acts 1993, No. 1009, §§ 11, 12.

(a) (1) Development of the donated parcel shall be strictly for the construction or maintenance of a homestead for eligible persons. (2) Upon completion of the construction of the home, the city, incorporated town, or community organization may sell, lease, or grant the home to any eligible person.

(1) Development of the donated parcel shall be strictly for the construction or maintenance of a homestead for eligible persons.

(2) Upon completion of the construction of the home, the city, incorporated town, or community organization may sell, lease, or grant the home to any eligible person.

(b) (1) The homestead is to be used strictly for the private residence of the eligible person. (2) The sale, lease, or grant of the home shall be a transaction between the applicant and the eligible person.

(1) The homestead is to be used strictly for the private residence of the eligible person.

(2) The sale, lease, or grant of the home shall be a transaction between the applicant and the eligible person.

Acts 1993, No. 1009, §§ 11, 12.
Ark. Code Ann. § 20-47-510 — AR Code / Title 20 / Chapter 47 / Subchapter 5 / Section 20-47-510
Coordination and oversight - Annual reports
Status: in_force

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is designated the state agency responsible for the coordination and oversight of the Comprehensive Children's Behavioral Health System of Care Plan. (b) All state agencies that receive funding, either state or federal, shall participate in collaborative planning for the system of care to support behavioral health services for children and adolescents. (c) Each state agency that receives funding, either state or federal, to support behavioral health services for children and adolescents shall: (1) (A) Enter into an interagency collaborative agreement with the division on or before July 2005 with regard to the responsibilities of each agency in the development and implementation of the Comprehensive Children's Behavioral Health System of Care Plan. (B) The agreements shall be updated annually; and (2) Submit all pertinent information, including expenditures and programming data, to the division in the time and manner established through the collaborative agreements. (d) (1) On or before April 15, 2006, for the fiscal year beginning July 1, 2006, and annually thereafter, the division shall submit the state plan for the comprehensive child and adolescent system of care to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (2) The state plan for the Child and Adolescent Service System Program Comprehensive Children's Behavioral Health System of Care Plan shall include, but not be limited to: (A) The projected budget for each state agency that will be used to support behavioral health services; (B) Prevention and early intervention; (C) The service array and capacity for services supported through public funds that are available statewide and county by county; and (D) An assessment of service deficits with recommendations for a plan to address service deficits with available funds. (e) (1) On or before October 15, 2006, for the fiscal year beginning July 1, 2005, and annually thereafter, the division shall submit a report concerning the operation of the Comprehensive Children's Behavioral Health System of Care Plan to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (2) The report shall include, but not be limited to: (A) Actual funds expended for child and adolescent behavioral health services; (B) Prevention and early intervention services; (C) Service utilization data at all levels of care; and (D) Outcome data for the system of care. Amended by Act 2019, No. 910,§ 5042, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5041, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 87, eff. 8/1/2017. Amended by Act 2013, No. 1132,§ 33, eff. 8/16/2013. Amended by Act 2013, No. 1132,§ 32, eff. 8/16/2013. Acts 2005, No. 2209, § 6.

(a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services is designated the state agency responsible for the coordination and oversight of the Comprehensive Children's Behavioral Health System of Care Plan.

(b) All state agencies that receive funding, either state or federal, shall participate in collaborative planning for the system of care to support behavioral health services for children and adolescents.

(c) Each state agency that receives funding, either state or federal, to support behavioral health services for children and adolescents shall: (1) (A) Enter into an interagency collaborative agreement with the division on or before July 2005 with regard to the responsibilities of each agency in the development and implementation of the Comprehensive Children's Behavioral Health System of Care Plan. (B) The agreements shall be updated annually; and (2) Submit all pertinent information, including expenditures and programming data, to the division in the time and manner established through the collaborative agreements.

(1) (A) Enter into an interagency collaborative agreement with the division on or before July 2005 with regard to the responsibilities of each agency in the development and implementation of the Comprehensive Children's Behavioral Health System of Care Plan. (B) The agreements shall be updated annually; and

(A) Enter into an interagency collaborative agreement with the division on or before July 2005 with regard to the responsibilities of each agency in the development and implementation of the Comprehensive Children's Behavioral Health System of Care Plan.

(B) The agreements shall be updated annually; and

(2) Submit all pertinent information, including expenditures and programming data, to the division in the time and manner established through the collaborative agreements.

(d) (1) On or before April 15, 2006, for the fiscal year beginning July 1, 2006, and annually thereafter, the division shall submit the state plan for the comprehensive child and adolescent system of care to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (2) The state plan for the Child and Adolescent Service System Program Comprehensive Children's Behavioral Health System of Care Plan shall include, but not be limited to: (A) The projected budget for each state agency that will be used to support behavioral health services; (B) Prevention and early intervention; (C) The service array and capacity for services supported through public funds that are available statewide and county by county; and (D) An assessment of service deficits with recommendations for a plan to address service deficits with available funds.

(1) On or before April 15, 2006, for the fiscal year beginning July 1, 2006, and annually thereafter, the division shall submit the state plan for the comprehensive child and adolescent system of care to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and

(B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(2) The state plan for the Child and Adolescent Service System Program Comprehensive Children's Behavioral Health System of Care Plan shall include, but not be limited to: (A) The projected budget for each state agency that will be used to support behavioral health services; (B) Prevention and early intervention; (C) The service array and capacity for services supported through public funds that are available statewide and county by county; and (D) An assessment of service deficits with recommendations for a plan to address service deficits with available funds.

(A) The projected budget for each state agency that will be used to support behavioral health services;

(B) Prevention and early intervention;

(C) The service array and capacity for services supported through public funds that are available statewide and county by county; and

(D) An assessment of service deficits with recommendations for a plan to address service deficits with available funds.

(e) (1) On or before October 15, 2006, for the fiscal year beginning July 1, 2005, and annually thereafter, the division shall submit a report concerning the operation of the Comprehensive Children's Behavioral Health System of Care Plan to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth. (2) The report shall include, but not be limited to: (A) Actual funds expended for child and adolescent behavioral health services; (B) Prevention and early intervention services; (C) Service utilization data at all levels of care; and (D) Outcome data for the system of care.

(1) On or before October 15, 2006, for the fiscal year beginning July 1, 2005, and annually thereafter, the division shall submit a report concerning the operation of the Comprehensive Children's Behavioral Health System of Care Plan to: (A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and (B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(A) The Secretary of the Department of Education, the Secretary of the Department of Health, and the Secretary of the Department of Human Services; and

(B) The House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

(2) The report shall include, but not be limited to: (A) Actual funds expended for child and adolescent behavioral health services; (B) Prevention and early intervention services; (C) Service utilization data at all levels of care; and (D) Outcome data for the system of care.

(A) Actual funds expended for child and adolescent behavioral health services;

(B) Prevention and early intervention services;

(C) Service utilization data at all levels of care; and

(D) Outcome data for the system of care.

Amended by Act 2019, No. 910,§ 5042, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5041, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 87, eff. 8/1/2017.

Amended by Act 2013, No. 1132,§ 33, eff. 8/16/2013.

Amended by Act 2013, No. 1132,§ 32, eff. 8/16/2013.

Acts 2005, No. 2209, § 6.
Ark. Code Ann. § 20-79-204 — AR Code / Title 20 / Chapter 79 / Subchapter 2 / Section 20-79-204
Commissioner
Status: in_force

(a) Arkansas Rehabilitation Services shall be administered, under the general supervision and direction of the Division of Workforce Services, by a commissioner, appointed in accordance with established personnel standards and on the basis of education, training, experience, and demonstrated ability in the field of rehabilitation. (b) In carrying out his or her duties under this subchapter, the Commissioner of Arkansas Rehabilitation Services: (1) Shall, with the approval of the Secretary of the Department of Commerce, prepare rules for promulgation by the appropriate division of the Department of Commerce governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination thereof, for rehabilitation services, procedures for fair hearings, and such other rules as he or she finds necessary to carry out the purposes of this subchapter, including the order to be followed in selecting those to whom rehabilitation services are to be provided in situations where service cannot be provided to all who are eligible for service; (2) Shall, with the approval of the secretary, establish appropriate subordinate administrative units within Arkansas Rehabilitation Services; (3) Shall recommend to the secretary for appointment such personnel as he or she deems necessary for the efficient performance of the functions of Arkansas Rehabilitation Services; (4) Shall prepare and submit to the secretary and the Governor annual reports of activities and expenditures and, before each regular session of the General Assembly, estimates of sums required to carry out this subchapter, as well as estimates of the amounts to be made available for this purpose from all sources; (5) Shall make certification for disbursement, in accordance with rules, of funds available for carrying out the purposes of this subchapter; and (6) May, with the approval of the secretary, delegate to any officer or employee of Arkansas Rehabilitation Services such of his or her powers and duties, except the making of rules and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of this subchapter. Amended by Act 2023, No. 182,§ 11, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2300, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2299, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 560, eff. 7/1/2019. Acts 1955, No. 43, § 5; 1959, No. 34, § 5; A.S.A. 1947, § 80-2544.

(a) Arkansas Rehabilitation Services shall be administered, under the general supervision and direction of the Division of Workforce Services, by a commissioner, appointed in accordance with established personnel standards and on the basis of education, training, experience, and demonstrated ability in the field of rehabilitation.

(b) In carrying out his or her duties under this subchapter, the Commissioner of Arkansas Rehabilitation Services: (1) Shall, with the approval of the Secretary of the Department of Commerce, prepare rules for promulgation by the appropriate division of the Department of Commerce governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination thereof, for rehabilitation services, procedures for fair hearings, and such other rules as he or she finds necessary to carry out the purposes of this subchapter, including the order to be followed in selecting those to whom rehabilitation services are to be provided in situations where service cannot be provided to all who are eligible for service; (2) Shall, with the approval of the secretary, establish appropriate subordinate administrative units within Arkansas Rehabilitation Services; (3) Shall recommend to the secretary for appointment such personnel as he or she deems necessary for the efficient performance of the functions of Arkansas Rehabilitation Services; (4) Shall prepare and submit to the secretary and the Governor annual reports of activities and expenditures and, before each regular session of the General Assembly, estimates of sums required to carry out this subchapter, as well as estimates of the amounts to be made available for this purpose from all sources; (5) Shall make certification for disbursement, in accordance with rules, of funds available for carrying out the purposes of this subchapter; and (6) May, with the approval of the secretary, delegate to any officer or employee of Arkansas Rehabilitation Services such of his or her powers and duties, except the making of rules and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of this subchapter.

(1) Shall, with the approval of the Secretary of the Department of Commerce, prepare rules for promulgation by the appropriate division of the Department of Commerce governing personnel standards, the protection of records and confidential information, the manner and form of filing applications, eligibility, and investigation and determination thereof, for rehabilitation services, procedures for fair hearings, and such other rules as he or she finds necessary to carry out the purposes of this subchapter, including the order to be followed in selecting those to whom rehabilitation services are to be provided in situations where service cannot be provided to all who are eligible for service;

(2) Shall, with the approval of the secretary, establish appropriate subordinate administrative units within Arkansas Rehabilitation Services;

(3) Shall recommend to the secretary for appointment such personnel as he or she deems necessary for the efficient performance of the functions of Arkansas Rehabilitation Services;

(4) Shall prepare and submit to the secretary and the Governor annual reports of activities and expenditures and, before each regular session of the General Assembly, estimates of sums required to carry out this subchapter, as well as estimates of the amounts to be made available for this purpose from all sources;

(5) Shall make certification for disbursement, in accordance with rules, of funds available for carrying out the purposes of this subchapter; and

(6) May, with the approval of the secretary, delegate to any officer or employee of Arkansas Rehabilitation Services such of his or her powers and duties, except the making of rules and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of this subchapter.

Amended by Act 2023, No. 182,§ 11, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2300, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2299, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 560, eff. 7/1/2019.

Acts 1955, No. 43, § 5; 1959, No. 34, § 5; A.S.A. 1947, § 80-2544.