Ark. Code Ann. § 20-64-1002 — AR Code / Title 20 / Chapter 64 / Subchapter 10 / Section 20-64-1002
Arkansas Alcohol and Drug Abuse Coordinating Council - Creation
Status: in_force

(a) There is hereby established the Arkansas Alcohol and Drug Abuse Coordinating Council, hereafter referred to in this subchapter as the "coordinating council". (b) The coordinating council shall be composed of twenty-seven (27) members as follows: (1) Thirteen (13) members of the coordinating council shall be administrative officers of the following agencies, or their appropriate designees, confirmed by gubernatorial appointment: (A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council; (B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (C) The Director of the Division of Arkansas State Police; (D) The Commissioner of Elementary and Secondary Education; (E) The Director of State Highways and Transportation; (F) The Director of the Division of Correction; (G) The Secretary of the Department of Finance and Administration; (H) The Adjutant General of the State of Arkansas; (I) The Attorney General; (J) The Director of the State Crime Laboratory; (K) The Director of the Office of Alcohol Testing of the Department of Health; (L) The Director of the Administrative Office of the Courts; and (M) The Director of the Division of Community Correction; and (2) The following persons shall be appointed by the Governor for three-year terms and will not serve more than two (2) consecutive terms: (A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge; (B) A prosecuting attorney; (C) A private citizen not employed by the state or the United States Government; (D) A director of a publicly funded alcohol and drug abuse treatment program; (E) A school drug counselor; (F) A director of a drug abuse prevention program; (G) A director of a driving while intoxicated program; (H) A health professional; and (I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons. (c) The coordinating council members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (d) The coordinating council may appoint noncouncil members for PEER review of grants, and the PEER Review Committee members shall be entitled to reimbursement for actual expenses and mileage to be paid by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services from funds appropriated for its maintenance and operation. (e) A United States Attorney for Arkansas or his or her designee shall serve on the coordinating council in an advisory capacity. Amended by Act 2019, No. 910,§ 5215, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 111, eff. 8/1/2017. Amended by Act 2017, No. 913,§ 110, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 63, eff. 8/1/2017. Amended by Act 2013, No. 1107,§ 40, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 39, eff. 8/16/2013. Acts 1989, No. 855, §§ 2, 5; 1995, No. 551, § 1; 1997, No. 250, § 203; 2005, No. 1453, § 1.

(a) There is hereby established the Arkansas Alcohol and Drug Abuse Coordinating Council, hereafter referred to in this subchapter as the "coordinating council".

(b) The coordinating council shall be composed of twenty-seven (27) members as follows: (1) Thirteen (13) members of the coordinating council shall be administrative officers of the following agencies, or their appropriate designees, confirmed by gubernatorial appointment: (A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council; (B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (C) The Director of the Division of Arkansas State Police; (D) The Commissioner of Elementary and Secondary Education; (E) The Director of State Highways and Transportation; (F) The Director of the Division of Correction; (G) The Secretary of the Department of Finance and Administration; (H) The Adjutant General of the State of Arkansas; (I) The Attorney General; (J) The Director of the State Crime Laboratory; (K) The Director of the Office of Alcohol Testing of the Department of Health; (L) The Director of the Administrative Office of the Courts; and (M) The Director of the Division of Community Correction; and (2) The following persons shall be appointed by the Governor for three-year terms and will not serve more than two (2) consecutive terms: (A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge; (B) A prosecuting attorney; (C) A private citizen not employed by the state or the United States Government; (D) A director of a publicly funded alcohol and drug abuse treatment program; (E) A school drug counselor; (F) A director of a drug abuse prevention program; (G) A director of a driving while intoxicated program; (H) A health professional; and (I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons.

(1) Thirteen (13) members of the coordinating council shall be administrative officers of the following agencies, or their appropriate designees, confirmed by gubernatorial appointment: (A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council; (B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services; (C) The Director of the Division of Arkansas State Police; (D) The Commissioner of Elementary and Secondary Education; (E) The Director of State Highways and Transportation; (F) The Director of the Division of Correction; (G) The Secretary of the Department of Finance and Administration; (H) The Adjutant General of the State of Arkansas; (I) The Attorney General; (J) The Director of the State Crime Laboratory; (K) The Director of the Office of Alcohol Testing of the Department of Health; (L) The Director of the Administrative Office of the Courts; and (M) The Director of the Division of Community Correction; and

(A) The Arkansas Drug Director, who shall serve as Chair of the Arkansas Alcohol and Drug Abuse Coordinating Council;

(B) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;

(C) The Director of the Division of Arkansas State Police;

(D) The Commissioner of Elementary and Secondary Education;

(E) The Director of State Highways and Transportation;

(F) The Director of the Division of Correction;

(G) The Secretary of the Department of Finance and Administration;

(H) The Adjutant General of the State of Arkansas;

(I) The Attorney General;

(J) The Director of the State Crime Laboratory;

(K) The Director of the Office of Alcohol Testing of the Department of Health;

(L) The Director of the Administrative Office of the Courts; and

(M) The Director of the Division of Community Correction; and

(2) The following persons shall be appointed by the Governor for three-year terms and will not serve more than two (2) consecutive terms: (A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge; (B) A prosecuting attorney; (C) A private citizen not employed by the state or the United States Government; (D) A director of a publicly funded alcohol and drug abuse treatment program; (E) A school drug counselor; (F) A director of a drug abuse prevention program; (G) A director of a driving while intoxicated program; (H) A health professional; and (I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons.

(A) One (1) police chief, one (1) county sheriff, and one (1) drug court judge;

(B) A prosecuting attorney;

(C) A private citizen not employed by the state or the United States Government;

(D) A director of a publicly funded alcohol and drug abuse treatment program;

(E) A school drug counselor;

(F) A director of a drug abuse prevention program;

(G) A director of a driving while intoxicated program;

(H) A health professional; and

(I) Four (4) members from the state at large who have demonstrated knowledge of or interest in alcohol and drug abuse prevention, at least two (2) of whom shall be recovering persons.

(c) The coordinating council members may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(d) The coordinating council may appoint noncouncil members for PEER review of grants, and the PEER Review Committee members shall be entitled to reimbursement for actual expenses and mileage to be paid by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services from funds appropriated for its maintenance and operation.

(e) A United States Attorney for Arkansas or his or her designee shall serve on the coordinating council in an advisory capacity.

Amended by Act 2019, No. 910,§ 5215, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 111, eff. 8/1/2017.

Amended by Act 2017, No. 913,§ 110, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 63, eff. 8/1/2017.

Amended by Act 2013, No. 1107,§ 40, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 39, eff. 8/16/2013.

Acts 1989, No. 855, §§ 2, 5; 1995, No. 551, § 1; 1997, No. 250, § 203; 2005, No. 1453, § 1.
Ark. Code Ann. § 20-15-1401 — AR Code / Title 20 / Chapter 15 / Subchapter 14 / Section 20-15-1401
Title
Status: in_force

This subchapter may be cited as the "Osteoporosis Prevention Education Act of 1997". Acts 1997, No. 732, § 1.

This subchapter may be cited as the "Osteoporosis Prevention Education Act of 1997".

Acts 1997, No. 732, § 1.
Ark. Code Ann. § 20-77-907 — AR Code / Title 20 / Chapter 77 / Subchapter 9 / Section 20-77-907
Records
Status: in_force

(a) (1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient. (2) (A) The records described in subdivision (a)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the State of Arkansas. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records. (3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider. (4) If a Medicaid provider goes out of business, the provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored. (b) (1) No potential Medicaid recipient shall be eligible for medical assistance unless he or she has authorized in writing the Director of the Department of Human Services to examine all records of his or her own or of those receiving or having received Medicaid benefits through him or her, whether the receipt of the benefits would be allowed by the program or not, for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding. (2) No person shall be eligible to receive any payment from the program or its fiscal agents unless that person has authorized in writing the director to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding. (c) The Attorney General shall be allowed access to all records of persons and Medicaid recipients under the program to which the director has access for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding. (d) (1) Records obtained by the director or the Attorney General pursuant to this subchapter shall be classified as confidential information and shall not be subject to outside review or release by any individual except when records are used or potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding. (2) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing access to records to the director, to the Attorney General, or to the prosecuting attorneys. Amended by Act 2017, No. 978,§ 11, eff. 8/1/2017. Acts 1993, No. 1299, § 12.

(a) (1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient. (2) (A) The records described in subdivision (a)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the State of Arkansas. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records. (3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider. (4) If a Medicaid provider goes out of business, the provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored.

(1) A Medicaid provider or person providing healthcare goods or services under the Arkansas Medicaid Program is required to maintain all records at least for a period of five (5) years from the date of claimed provision of any goods or services to any Medicaid recipient.

(2) (A) The records described in subdivision (a)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided. (B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the State of Arkansas. (C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records.

(A) The records described in subdivision (a)(1) of this section shall be available for audit during regular business hours at the address listed in the Medicaid provider agreement or where the healthcare goods or services are provided.

(B) Closed records for inactive patients or clients may be maintained in offsite storage if: (i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and (ii) The records are maintained within the State of Arkansas.

(i) The records can be produced within three (3) working days of being served with a request for records, subpoena, or other lawful notice from any agency with authority to audit the records; and

(ii) The records are maintained within the State of Arkansas.

(C) A Medicaid provider shall disclose upon request the location of any offsite storage facility to any agency with authority to audit the records.

(3) If the healthcare goods or services are provided in the home of the Medicaid recipient, the records shall be maintained at the principal place of business of the Medicaid provider.

(4) If a Medicaid provider goes out of business, the provider shall give written notification to the Department of Human Services and the Office of Medicaid Inspector General of where and how the records will be stored.

(b) (1) No potential Medicaid recipient shall be eligible for medical assistance unless he or she has authorized in writing the Director of the Department of Human Services to examine all records of his or her own or of those receiving or having received Medicaid benefits through him or her, whether the receipt of the benefits would be allowed by the program or not, for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding. (2) No person shall be eligible to receive any payment from the program or its fiscal agents unless that person has authorized in writing the director to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding.

(1) No potential Medicaid recipient shall be eligible for medical assistance unless he or she has authorized in writing the Director of the Department of Human Services to examine all records of his or her own or of those receiving or having received Medicaid benefits through him or her, whether the receipt of the benefits would be allowed by the program or not, for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding.

(2) No person shall be eligible to receive any payment from the program or its fiscal agents unless that person has authorized in writing the director to examine all records for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or for potential use in any legal, administrative, or judicial proceeding.

(c) The Attorney General shall be allowed access to all records of persons and Medicaid recipients under the program to which the director has access for the purpose of investigating whether any person may have violated this subchapter or for use or potential use in any legal, administrative, or judicial proceeding.

(d) (1) Records obtained by the director or the Attorney General pursuant to this subchapter shall be classified as confidential information and shall not be subject to outside review or release by any individual except when records are used or potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding. (2) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing access to records to the director, to the Attorney General, or to the prosecuting attorneys.

(1) Records obtained by the director or the Attorney General pursuant to this subchapter shall be classified as confidential information and shall not be subject to outside review or release by any individual except when records are used or potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding.

(2) Notwithstanding any other law to the contrary, no person shall be subject to any civil or criminal liability for providing access to records to the director, to the Attorney General, or to the prosecuting attorneys.

Amended by Act 2017, No. 978,§ 11, eff. 8/1/2017.

Acts 1993, No. 1299, § 12.
Ark. Code Ann. § 20-7-604 — AR Code / Title 20 / Chapter 7 / Subchapter 6 / Section 20-7-604
Requirements for Prescription Drug Monitoring Program
Status: in_force

(a) The State Board of Health shall create the Prescription Drug Monitoring Program upon the Department of Health's procuring adequate funding to establish the program. (b) (1) Each dispenser shall submit to the department information regarding each controlled substance dispensed. (2) A dispenser located outside Arkansas and licensed and registered by the Arkansas State Board of Pharmacy shall submit to the department information regarding each controlled substance prescription dispensed to an ultimate user whose address is within Arkansas. (3) The State Board of Health shall create a controlled substances database for the program. (c) Each dispenser required to report under subsection (b) of this section shall submit to the department by electronic means information that shall include without limitation: (1) The dispenser's identification number; (2) The date the prescription was filled; (3) The prescription number; (4) Whether the prescription is new or is a refill; (5) The National Drug Code for the controlled substance that is dispensed; (6) The quantity of the controlled substance dispensed; (7) The number of days' supply dispensed; (8) The number of refills ordered; (9) (A) A patient identifier. (B) A patient identifier shall not be a Social Security number or a driver's license number; (10) The patient's name; (11) The patient's address; (12) The patient's date of birth; (13) The patient's gender; (14) The prescriber's identification number; (15) The date the prescription was issued by the prescriber; and (16) The source of the payment for the prescription. (d) (1) Except as required in subdivision (d)(2) of this section, practitioners are encouraged to access or check the information in the controlled substance database created under this subchapter before prescribing, dispensing, or administering medications. (2) (A) A prescriber shall check the information in the program when prescribing: (i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and (ii) A benzodiazepine medication for the first time prescribing the medication to a patient. (B) A licensing board that licenses practitioners who have the authority to prescribe shall adopt rules requiring the practitioners to check the information in the program as described in subdivision (d)(2)(A) of this section. (C) This subdivision (d)(2) does not apply to: (i) A practitioner administering a controlled substance: (a) Immediately before or during surgery; (b) During recovery from a surgery while in a healthcare facility; (c) In a healthcare facility; or (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital; (ii) A practitioner prescribing or administering a controlled substance to: (a) A palliative care or hospice patient; or (b) A resident in a licensed nursing home facility; or (iii) Situations in which the program is not accessible due to technological or electrical failure. (D) The State Board of Health may amend, by rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a recommendation from the Secretary of the Department of Health and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship. (3) A licensed oncologist shall check the program when prescribing to a patient on an initial malignant episodic diagnosis and every three (3) months following the diagnosis while continuing treatment. (e) This subchapter does not prohibit licensing boards from requiring practitioners to access or check the information in the controlled substance database as a part of a review of the practitioner's professional practice. (f) Each dispenser shall submit the required information in accordance with transmission methods and frequency established by the department. (g) (1) The department shall create a process for patients to address errors, inconsistencies, and other matters in their record as maintained under this section, including cases of breach of privacy and security. (2) The department shall develop algorithms within the controlled substance database that would alert a practitioner if his or her patient is being prescribed opioids by more than three (3) physicians within any thirty-day period, if funding is available. (h) (1) The department shall limit access to only those employees whose access is reasonably necessary to carry out this section. (2) However, a prescriber may delegate access to the controlled substance database to persons under his or her supervision or employment. (i) A certified law enforcement prescription drug diversion investigator shall provide to the department the following information in order to be granted access to the program: (1) The identification credentials assigned by the department; and (2) The case number of the investigation. (j) (1) A qualified law enforcement agency shall submit to the department an annual report of the data accessed by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including without limitation: (A) Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and (B) The disposition of the investigation. (2) The department shall: (A) Create a verification form for use under subdivision (j)(1) of this section; and (B) Make the verification form available annually to the qualified law enforcement agency. (3) (A) The verification form under subdivision (j)(2) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency. (B) Failure to submit a verification form under subdivision (j)(3)(A) of this section shall result in the immediate suspension of access to the database by the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued access. Amended by Act 2019, No. 910,§ 4952, eff. 7/1/2019. Amended by Act 2017, No. 820,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1208,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 1208,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 901,§ 2, eff. 7/22/2015. Acts 2011, No. 304, § 1.

(a) The State Board of Health shall create the Prescription Drug Monitoring Program upon the Department of Health's procuring adequate funding to establish the program.

(b) (1) Each dispenser shall submit to the department information regarding each controlled substance dispensed. (2) A dispenser located outside Arkansas and licensed and registered by the Arkansas State Board of Pharmacy shall submit to the department information regarding each controlled substance prescription dispensed to an ultimate user whose address is within Arkansas. (3) The State Board of Health shall create a controlled substances database for the program.

(1) Each dispenser shall submit to the department information regarding each controlled substance dispensed.

(2) A dispenser located outside Arkansas and licensed and registered by the Arkansas State Board of Pharmacy shall submit to the department information regarding each controlled substance prescription dispensed to an ultimate user whose address is within Arkansas.

(3) The State Board of Health shall create a controlled substances database for the program.

(c) Each dispenser required to report under subsection (b) of this section shall submit to the department by electronic means information that shall include without limitation: (1) The dispenser's identification number; (2) The date the prescription was filled; (3) The prescription number; (4) Whether the prescription is new or is a refill; (5) The National Drug Code for the controlled substance that is dispensed; (6) The quantity of the controlled substance dispensed; (7) The number of days' supply dispensed; (8) The number of refills ordered; (9) (A) A patient identifier. (B) A patient identifier shall not be a Social Security number or a driver's license number; (10) The patient's name; (11) The patient's address; (12) The patient's date of birth; (13) The patient's gender; (14) The prescriber's identification number; (15) The date the prescription was issued by the prescriber; and (16) The source of the payment for the prescription.

(1) The dispenser's identification number;

(2) The date the prescription was filled;

(3) The prescription number;

(4) Whether the prescription is new or is a refill;

(5) The National Drug Code for the controlled substance that is dispensed;

(6) The quantity of the controlled substance dispensed;

(7) The number of days' supply dispensed;

(8) The number of refills ordered;

(9) (A) A patient identifier. (B) A patient identifier shall not be a Social Security number or a driver's license number;

(A) A patient identifier.

(B) A patient identifier shall not be a Social Security number or a driver's license number;

(10) The patient's name;

(11) The patient's address;

(12) The patient's date of birth;

(13) The patient's gender;

(14) The prescriber's identification number;

(15) The date the prescription was issued by the prescriber; and

(16) The source of the payment for the prescription.

(d) (1) Except as required in subdivision (d)(2) of this section, practitioners are encouraged to access or check the information in the controlled substance database created under this subchapter before prescribing, dispensing, or administering medications. (2) (A) A prescriber shall check the information in the program when prescribing: (i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and (ii) A benzodiazepine medication for the first time prescribing the medication to a patient. (B) A licensing board that licenses practitioners who have the authority to prescribe shall adopt rules requiring the practitioners to check the information in the program as described in subdivision (d)(2)(A) of this section. (C) This subdivision (d)(2) does not apply to: (i) A practitioner administering a controlled substance: (a) Immediately before or during surgery; (b) During recovery from a surgery while in a healthcare facility; (c) In a healthcare facility; or (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital; (ii) A practitioner prescribing or administering a controlled substance to: (a) A palliative care or hospice patient; or (b) A resident in a licensed nursing home facility; or (iii) Situations in which the program is not accessible due to technological or electrical failure. (D) The State Board of Health may amend, by rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a recommendation from the Secretary of the Department of Health and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship. (3) A licensed oncologist shall check the program when prescribing to a patient on an initial malignant episodic diagnosis and every three (3) months following the diagnosis while continuing treatment.

(1) Except as required in subdivision (d)(2) of this section, practitioners are encouraged to access or check the information in the controlled substance database created under this subchapter before prescribing, dispensing, or administering medications.

(2) (A) A prescriber shall check the information in the program when prescribing: (i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and (ii) A benzodiazepine medication for the first time prescribing the medication to a patient. (B) A licensing board that licenses practitioners who have the authority to prescribe shall adopt rules requiring the practitioners to check the information in the program as described in subdivision (d)(2)(A) of this section. (C) This subdivision (d)(2) does not apply to: (i) A practitioner administering a controlled substance: (a) Immediately before or during surgery; (b) During recovery from a surgery while in a healthcare facility; (c) In a healthcare facility; or (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital; (ii) A practitioner prescribing or administering a controlled substance to: (a) A palliative care or hospice patient; or (b) A resident in a licensed nursing home facility; or (iii) Situations in which the program is not accessible due to technological or electrical failure. (D) The State Board of Health may amend, by rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a recommendation from the Secretary of the Department of Health and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship.

(A) A prescriber shall check the information in the program when prescribing: (i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and (ii) A benzodiazepine medication for the first time prescribing the medication to a patient.

(i) An opioid from Schedule II or Schedule III for every time prescribing the medication to a patient; and

(ii) A benzodiazepine medication for the first time prescribing the medication to a patient.

(B) A licensing board that licenses practitioners who have the authority to prescribe shall adopt rules requiring the practitioners to check the information in the program as described in subdivision (d)(2)(A) of this section.

(C) This subdivision (d)(2) does not apply to: (i) A practitioner administering a controlled substance: (a) Immediately before or during surgery; (b) During recovery from a surgery while in a healthcare facility; (c) In a healthcare facility; or (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital; (ii) A practitioner prescribing or administering a controlled substance to: (a) A palliative care or hospice patient; or (b) A resident in a licensed nursing home facility; or (iii) Situations in which the program is not accessible due to technological or electrical failure.

(i) A practitioner administering a controlled substance: (a) Immediately before or during surgery; (b) During recovery from a surgery while in a healthcare facility; (c) In a healthcare facility; or (d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital;

(a) Immediately before or during surgery;

(b) During recovery from a surgery while in a healthcare facility;

(c) In a healthcare facility; or

(d) Necessary to treat the patient in an emergency situation at the scene of an emergency, in a licensed ground ambulance or air ambulance, or in the intensive care unit of a licensed hospital;

(ii) A practitioner prescribing or administering a controlled substance to: (a) A palliative care or hospice patient; or (b) A resident in a licensed nursing home facility; or

(a) A palliative care or hospice patient; or

(b) A resident in a licensed nursing home facility; or

(iii) Situations in which the program is not accessible due to technological or electrical failure.

(D) The State Board of Health may amend, by rule, the exemptions listed in subdivision (d)(2)(C) of this section upon a recommendation from the Secretary of the Department of Health and a showing that the exemption or lack of exemption is unnecessarily burdensome or has created a hardship.

(3) A licensed oncologist shall check the program when prescribing to a patient on an initial malignant episodic diagnosis and every three (3) months following the diagnosis while continuing treatment.

(e) This subchapter does not prohibit licensing boards from requiring practitioners to access or check the information in the controlled substance database as a part of a review of the practitioner's professional practice.

(f) Each dispenser shall submit the required information in accordance with transmission methods and frequency established by the department.

(g) (1) The department shall create a process for patients to address errors, inconsistencies, and other matters in their record as maintained under this section, including cases of breach of privacy and security. (2) The department shall develop algorithms within the controlled substance database that would alert a practitioner if his or her patient is being prescribed opioids by more than three (3) physicians within any thirty-day period, if funding is available.

(1) The department shall create a process for patients to address errors, inconsistencies, and other matters in their record as maintained under this section, including cases of breach of privacy and security.

(2) The department shall develop algorithms within the controlled substance database that would alert a practitioner if his or her patient is being prescribed opioids by more than three (3) physicians within any thirty-day period, if funding is available.

(h) (1) The department shall limit access to only those employees whose access is reasonably necessary to carry out this section. (2) However, a prescriber may delegate access to the controlled substance database to persons under his or her supervision or employment.

(1) The department shall limit access to only those employees whose access is reasonably necessary to carry out this section.

(2) However, a prescriber may delegate access to the controlled substance database to persons under his or her supervision or employment.

(i) A certified law enforcement prescription drug diversion investigator shall provide to the department the following information in order to be granted access to the program: (1) The identification credentials assigned by the department; and (2) The case number of the investigation.

(1) The identification credentials assigned by the department; and

(2) The case number of the investigation.

(j) (1) A qualified law enforcement agency shall submit to the department an annual report of the data accessed by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including without limitation: (A) Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and (B) The disposition of the investigation. (2) The department shall: (A) Create a verification form for use under subdivision (j)(1) of this section; and (B) Make the verification form available annually to the qualified law enforcement agency. (3) (A) The verification form under subdivision (j)(2) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency. (B) Failure to submit a verification form under subdivision (j)(3)(A) of this section shall result in the immediate suspension of access to the database by the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued access.

(1) A qualified law enforcement agency shall submit to the department an annual report of the data accessed by all certified law enforcement prescription drug diversion investigators in the qualified law enforcement agency, including without limitation: (A) Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and (B) The disposition of the investigation.

(A) Written verification that the inquiries were part of a lawful prescription drug diversion investigation as provided to the department through the case number of the investigation; and

(B) The disposition of the investigation.

(2) The department shall: (A) Create a verification form for use under subdivision (j)(1) of this section; and (B) Make the verification form available annually to the qualified law enforcement agency.

(A) Create a verification form for use under subdivision (j)(1) of this section; and

(B) Make the verification form available annually to the qualified law enforcement agency.

(3) (A) The verification form under subdivision (j)(2) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency. (B) Failure to submit a verification form under subdivision (j)(3)(A) of this section shall result in the immediate suspension of access to the database by the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued access.

(A) The verification form under subdivision (j)(2) of this section shall be submitted to the department within thirty (30) days of receipt of the form by the qualified law enforcement agency.

(B) Failure to submit a verification form under subdivision (j)(3)(A) of this section shall result in the immediate suspension of access to the database by the qualified law enforcement agency and its certified law enforcement prescription drug diversion investigators until a determination is made by the department to allow continued access.

Amended by Act 2019, No. 910,§ 4952, eff. 7/1/2019.

Amended by Act 2017, No. 820,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1208,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 1208,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 901,§ 2, eff. 7/22/2015.

Acts 2011, No. 304, § 1.
Ark. Code Ann. § 20-82-301 — AR Code / Title 20 / Chapter 82 / Subchapter 3 / Section 20-82-301
Awareness program established
Status: in_force

The Department of Health shall: (1) Develop and administer a program of community education, prevention, and outreach activities to address the health risks and emotional trauma inflicted by the practice of unlawful female genital mutilation and to inform communities of the criminal penalties for committing unlawful female genital mutilation; (2) Develop and disseminate information regarding unlawful female genital mutilation, recognizing the risk factors associated with unlawful female genital mutilation, and the signs that a person may be a victim of unlawful female genital mutilation, and the criminal penalties for committing unlawful female genital mutilation to teachers, and law enforcement personnel, and ensuring their awareness and compliance with the provisions of this section; (3) Develop policies and procedures to promote partnerships between departments, agencies, and political subdivisions, including without limitation the Department of Human Services and Division of Elementary and Secondary Education, and other governmental entities and nongovernmental organizations to prevent unlawful female genital mutilation and to protect and provide assistance to victims of unlawful female genital mutilation; (4) Outline best practices for responses to victims of unlawful female genital mutilation; and (5) Develop policies and procedures for the training of providers of health services: (A) Regarding best practices for responses to victims of unlawful female genital mutilation; and (B) To recognize: (i) The risk factors associated with unlawful female genital mutilation; (ii) The signs that an individual may be a victim of unlawful female genital mutilation; and (iii) The criminal penalties for committing unlawful female genital mutilation. Added by Act 2019, No. 556,§ 6, eff. 3/26/2019. This section was originally enacted as section 20-82-101.

The Department of Health shall:

(1) Develop and administer a program of community education, prevention, and outreach activities to address the health risks and emotional trauma inflicted by the practice of unlawful female genital mutilation and to inform communities of the criminal penalties for committing unlawful female genital mutilation;

(2) Develop and disseminate information regarding unlawful female genital mutilation, recognizing the risk factors associated with unlawful female genital mutilation, and the signs that a person may be a victim of unlawful female genital mutilation, and the criminal penalties for committing unlawful female genital mutilation to teachers, and law enforcement personnel, and ensuring their awareness and compliance with the provisions of this section;

(3) Develop policies and procedures to promote partnerships between departments, agencies, and political subdivisions, including without limitation the Department of Human Services and Division of Elementary and Secondary Education, and other governmental entities and nongovernmental organizations to prevent unlawful female genital mutilation and to protect and provide assistance to victims of unlawful female genital mutilation;

(4) Outline best practices for responses to victims of unlawful female genital mutilation; and

(5) Develop policies and procedures for the training of providers of health services: (A) Regarding best practices for responses to victims of unlawful female genital mutilation; and (B) To recognize: (i) The risk factors associated with unlawful female genital mutilation; (ii) The signs that an individual may be a victim of unlawful female genital mutilation; and (iii) The criminal penalties for committing unlawful female genital mutilation.

(A) Regarding best practices for responses to victims of unlawful female genital mutilation; and

(B) To recognize: (i) The risk factors associated with unlawful female genital mutilation; (ii) The signs that an individual may be a victim of unlawful female genital mutilation; and (iii) The criminal penalties for committing unlawful female genital mutilation.

(i) The risk factors associated with unlawful female genital mutilation;

(ii) The signs that an individual may be a victim of unlawful female genital mutilation; and

(iii) The criminal penalties for committing unlawful female genital mutilation.

Added by Act 2019, No. 556,§ 6, eff. 3/26/2019.

This section was originally enacted as section 20-82-101.
Ark. Code Ann. § 20-48-415 — AR Code / Title 20 / Chapter 48 / Subchapter 4 / Section 20-48-415
Board of Developmental Disabilities Services - Powers and duties - Proceedings - Appointment of superintendents
Status: in_force

(a) The government and control of the human development centers shall be vested in the Board of Developmental Disabilities Services. (b) The board: (1) Shall have charge of the property of the state which may be used for the purposes of the centers; (2) Shall make and execute its bylaws; (3) Shall appoint and remove its officers, attendants, and employees and fix their compensation; (4) Shall exercise a strict supervision of the centers' expenditures; and (5) (A) May acquire real and personal property by purchase, gift, or other transfer, and may own, sell, and transfer real and personal property and establish trusts. (B) (i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create. (ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities. (c) (1) The board shall appoint superintendents who shall not be one of its number. The superintendents shall be reputable, trained administrators of institutions engaged in the care, custody, treatment, and training of children and youth, with at least five (5) years' experience as the superintendent or administrative assistant of such an institution. (2) The board shall fix the superintendents' salaries and prescribe their duties. (d) (1) The board shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor is chosen. (2) The chair shall preside at meetings of the board, and in his or her absence the vice chair shall preside. (3) A superintendent shall serve as executive secretary to the board and shall maintain an official set of minutes of all votes and actions of the board. These minutes shall be signed by the superintendent as executive secretary and by the chair of the board. (4) The board is authorized to designate the superintendent, or some other competent employee or official of the center, to serve as disbursing officer of all funds of the center. (e) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable. (f) The superintendent of each center shall annually, or more often if required, present to the board for himself or herself and his or her staff a written report of the management of the center setting forth in detail all receipts and disbursements and general conditions of the affairs of the center. (g) The board shall report biennially to the Governor and General Assembly, accompanying its report with the annual report of the superintendent. (h) A majority vote of the entire membership of the board shall be necessary to take any board action. (i) The board may make such rules respecting the care, custody, training, and discipline of individuals admitted to the centers and the management thereof and of its affairs as it may deem for the best interest of the centers and the State of Arkansas. Amended by Act 2019, No. 315,§ 2155, eff. 7/24/2019. Amended by Act 2019, No. 389,§ 65, eff. 7/24/2019. Acts 1955, No. 6, §§ 13, 14; A.S.A. 1947, §§ 59-1113, 59-1114; Acts 2005, No. 662, §§ 1, 2.

(a) The government and control of the human development centers shall be vested in the Board of Developmental Disabilities Services.

(b) The board: (1) Shall have charge of the property of the state which may be used for the purposes of the centers; (2) Shall make and execute its bylaws; (3) Shall appoint and remove its officers, attendants, and employees and fix their compensation; (4) Shall exercise a strict supervision of the centers' expenditures; and (5) (A) May acquire real and personal property by purchase, gift, or other transfer, and may own, sell, and transfer real and personal property and establish trusts. (B) (i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create. (ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities.

(1) Shall have charge of the property of the state which may be used for the purposes of the centers;

(2) Shall make and execute its bylaws;

(3) Shall appoint and remove its officers, attendants, and employees and fix their compensation;

(4) Shall exercise a strict supervision of the centers' expenditures; and

(5) (A) May acquire real and personal property by purchase, gift, or other transfer, and may own, sell, and transfer real and personal property and establish trusts. (B) (i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create. (ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities.

(A) May acquire real and personal property by purchase, gift, or other transfer, and may own, sell, and transfer real and personal property and establish trusts.

(B) (i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create. (ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities.

(i) Ownership of real and personal property under the control of the board shall be in the name of the State of Arkansas, or in the trust or trusts as the board may from time to time create.

(ii) All property under the control of the board, whether owned by the State of Arkansas or in a trust established by the board, shall be held for the benefit of individuals with developmental disabilities.

(c) (1) The board shall appoint superintendents who shall not be one of its number. The superintendents shall be reputable, trained administrators of institutions engaged in the care, custody, treatment, and training of children and youth, with at least five (5) years' experience as the superintendent or administrative assistant of such an institution. (2) The board shall fix the superintendents' salaries and prescribe their duties.

(1) The board shall appoint superintendents who shall not be one of its number. The superintendents shall be reputable, trained administrators of institutions engaged in the care, custody, treatment, and training of children and youth, with at least five (5) years' experience as the superintendent or administrative assistant of such an institution.

(2) The board shall fix the superintendents' salaries and prescribe their duties.

(d) (1) The board shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor is chosen. (2) The chair shall preside at meetings of the board, and in his or her absence the vice chair shall preside. (3) A superintendent shall serve as executive secretary to the board and shall maintain an official set of minutes of all votes and actions of the board. These minutes shall be signed by the superintendent as executive secretary and by the chair of the board. (4) The board is authorized to designate the superintendent, or some other competent employee or official of the center, to serve as disbursing officer of all funds of the center.

(1) The board shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor is chosen.

(2) The chair shall preside at meetings of the board, and in his or her absence the vice chair shall preside.

(3) A superintendent shall serve as executive secretary to the board and shall maintain an official set of minutes of all votes and actions of the board. These minutes shall be signed by the superintendent as executive secretary and by the chair of the board.

(4) The board is authorized to designate the superintendent, or some other competent employee or official of the center, to serve as disbursing officer of all funds of the center.

(e) The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable.

(f) The superintendent of each center shall annually, or more often if required, present to the board for himself or herself and his or her staff a written report of the management of the center setting forth in detail all receipts and disbursements and general conditions of the affairs of the center.

(g) The board shall report biennially to the Governor and General Assembly, accompanying its report with the annual report of the superintendent.

(h) A majority vote of the entire membership of the board shall be necessary to take any board action.

(i) The board may make such rules respecting the care, custody, training, and discipline of individuals admitted to the centers and the management thereof and of its affairs as it may deem for the best interest of the centers and the State of Arkansas.

Amended by Act 2019, No. 315,§ 2155, eff. 7/24/2019.

Amended by Act 2019, No. 389,§ 65, eff. 7/24/2019.

Acts 1955, No. 6, §§ 13, 14; A.S.A. 1947, §§ 59-1113, 59-1114; Acts 2005, No. 662, §§ 1, 2.
Ark. Code Ann. § 20-79-102 — AR Code / Title 20 / Chapter 79 / Subchapter 1 / Section 20-79-102
Caseworkers for the blind
Status: in_force

The Director of the Division of State Services for the Blind is authorized and empowered to employ caseworkers for the blind, prepare rules governing personnel standards, define the duties of the caseworkers for the blind, and make such other rules as may be necessary to carry out the purposes of this section. Amended by Act 2023, No. 182,§ 9, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2298, eff. 7/24/2019. Acts 1955, No. 168, § 2; A.S.A. 1947, § 83-160.

The Director of the Division of State Services for the Blind is authorized and empowered to employ caseworkers for the blind, prepare rules governing personnel standards, define the duties of the caseworkers for the blind, and make such other rules as may be necessary to carry out the purposes of this section.

Amended by Act 2023, No. 182,§ 9, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2298, eff. 7/24/2019.

Acts 1955, No. 168, § 2; A.S.A. 1947, § 83-160.
Ark. Code Ann. § 20-77-107 — AR Code / Title 20 / Chapter 77 / Subchapter 1 / Section 20-77-107
Program for indigent medical care - Rules
Status: in_force

(a) (1) The appropriate division of the Department of Human Services is authorized to establish and maintain an indigent medical care program. (2) However, eligibility rules for the ARKids First Program Act, § 20-77-1101 et seq., shall not include an assets or a resource test for children or families of children eighteen (18) years of age or younger. (b) The Secretary of the Department of Human Services is further authorized to enter into separate agreements with the University of Arkansas for Medical Sciences and private institutions in order to provide maximum medical care for the indigent persons of this state. (c) The secretary may enter into agreements with private or public entities to assist in the enforcement of rules of an indigent medical program, including: (1) Utilization review; and (2) Professional review of providers participating in the program. (d) (1) The secretary shall ensure that any entity with whom the Department of Human Services contracts to assist in the enforcement of rules of an indigent medical program will fulfill its duties in accordance with state and federal law, rules, and regulations. (2) The secretary may terminate any contractor who excessively burdens the State of Arkansas with the defense of appeals of sanctions or citations of deficiencies that are resolved in favor of the program provider. (e) Nothing in this subchapter shall be construed to permit the Department of Human Services or any entity with whom it contracts to enforce any rules or regulations that are not lawfully promulgated pursuant to federal or state law, provided that the Department of Human Services and any entity with whom it contracts may rely on official publications of the United States Department of Health and Human Services for the administration of the Arkansas Medicaid Program and other rules, regulations, standards, guidance, or information that apply to the Arkansas Medicaid Program by reference in statute, promulgated regulation, rule, or official federal publication. (f) The secretary shall ensure that the professional review of providers, except long-term care facilities and their reviewers, participating in the program complies with the following: (1) The party conducting any professional reviews of providers participating in the program shall be knowledgeable in the specific areas of law, rules, and regulations being enforced; (2) (A) Every citation or deficiency cited to a provider shall refer by source and number to the authority upon which the citation or deficiency is based. (B) However, the requirement of subdivision (f)(2)(A) of this section does not limit the Department of Human Services and any entity with whom it contracts in the exercise and application of professional medical judgment in determining when and under what circumstances care is medically necessary; (3) The professional review process shall include an informal dispute resolution process to allow the provider to challenge the citation or deficiency cited or sanction to a person other than the person making the citation as defined by the secretary; (4) The secretary shall establish a system to ensure standard and consistent application of sanctions and citations or deficiencies among surveyors in different areas of the state; and (5) The secretary shall establish a process for program providers to appeal a decision of a reviewer pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 2261, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2260, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2259, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2258, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5220, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5219, eff. 7/1/2019. Acts 1989, No. 821, § 7; 1995, No. 710, § 6; 2001, No. 724, § 1; 2003, No. 1182, § 1.

(a) (1) The appropriate division of the Department of Human Services is authorized to establish and maintain an indigent medical care program. (2) However, eligibility rules for the ARKids First Program Act, § 20-77-1101 et seq., shall not include an assets or a resource test for children or families of children eighteen (18) years of age or younger.

(1) The appropriate division of the Department of Human Services is authorized to establish and maintain an indigent medical care program.

(2) However, eligibility rules for the ARKids First Program Act, § 20-77-1101 et seq., shall not include an assets or a resource test for children or families of children eighteen (18) years of age or younger.

(b) The Secretary of the Department of Human Services is further authorized to enter into separate agreements with the University of Arkansas for Medical Sciences and private institutions in order to provide maximum medical care for the indigent persons of this state.

(c) The secretary may enter into agreements with private or public entities to assist in the enforcement of rules of an indigent medical program, including: (1) Utilization review; and (2) Professional review of providers participating in the program.

(1) Utilization review; and

(2) Professional review of providers participating in the program.

(d) (1) The secretary shall ensure that any entity with whom the Department of Human Services contracts to assist in the enforcement of rules of an indigent medical program will fulfill its duties in accordance with state and federal law, rules, and regulations. (2) The secretary may terminate any contractor who excessively burdens the State of Arkansas with the defense of appeals of sanctions or citations of deficiencies that are resolved in favor of the program provider.

(1) The secretary shall ensure that any entity with whom the Department of Human Services contracts to assist in the enforcement of rules of an indigent medical program will fulfill its duties in accordance with state and federal law, rules, and regulations.

(2) The secretary may terminate any contractor who excessively burdens the State of Arkansas with the defense of appeals of sanctions or citations of deficiencies that are resolved in favor of the program provider.

(e) Nothing in this subchapter shall be construed to permit the Department of Human Services or any entity with whom it contracts to enforce any rules or regulations that are not lawfully promulgated pursuant to federal or state law, provided that the Department of Human Services and any entity with whom it contracts may rely on official publications of the United States Department of Health and Human Services for the administration of the Arkansas Medicaid Program and other rules, regulations, standards, guidance, or information that apply to the Arkansas Medicaid Program by reference in statute, promulgated regulation, rule, or official federal publication.

(f) The secretary shall ensure that the professional review of providers, except long-term care facilities and their reviewers, participating in the program complies with the following: (1) The party conducting any professional reviews of providers participating in the program shall be knowledgeable in the specific areas of law, rules, and regulations being enforced; (2) (A) Every citation or deficiency cited to a provider shall refer by source and number to the authority upon which the citation or deficiency is based. (B) However, the requirement of subdivision (f)(2)(A) of this section does not limit the Department of Human Services and any entity with whom it contracts in the exercise and application of professional medical judgment in determining when and under what circumstances care is medically necessary; (3) The professional review process shall include an informal dispute resolution process to allow the provider to challenge the citation or deficiency cited or sanction to a person other than the person making the citation as defined by the secretary; (4) The secretary shall establish a system to ensure standard and consistent application of sanctions and citations or deficiencies among surveyors in different areas of the state; and (5) The secretary shall establish a process for program providers to appeal a decision of a reviewer pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The party conducting any professional reviews of providers participating in the program shall be knowledgeable in the specific areas of law, rules, and regulations being enforced;

(2) (A) Every citation or deficiency cited to a provider shall refer by source and number to the authority upon which the citation or deficiency is based. (B) However, the requirement of subdivision (f)(2)(A) of this section does not limit the Department of Human Services and any entity with whom it contracts in the exercise and application of professional medical judgment in determining when and under what circumstances care is medically necessary;

(A) Every citation or deficiency cited to a provider shall refer by source and number to the authority upon which the citation or deficiency is based.

(B) However, the requirement of subdivision (f)(2)(A) of this section does not limit the Department of Human Services and any entity with whom it contracts in the exercise and application of professional medical judgment in determining when and under what circumstances care is medically necessary;

(3) The professional review process shall include an informal dispute resolution process to allow the provider to challenge the citation or deficiency cited or sanction to a person other than the person making the citation as defined by the secretary;

(4) The secretary shall establish a system to ensure standard and consistent application of sanctions and citations or deficiencies among surveyors in different areas of the state; and

(5) The secretary shall establish a process for program providers to appeal a decision of a reviewer pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 2261, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2260, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2259, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2258, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5220, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5219, eff. 7/1/2019.

Acts 1989, No. 821, § 7; 1995, No. 710, § 6; 2001, No. 724, § 1; 2003, No. 1182, § 1.
Ark. Code Ann. § 20-13-215 — AR Code / Title 20 / Chapter 13 / Subchapter 2 / Section 20-13-215
Award of flag upon death - Definition
Status: in_force

(a) When a person licensed by the Division of Emergency Medical Services dies in the course of employment, in recognition of and appreciation for the service of the deceased person, the Department of Health may award one (1) United States flag to the deceased person's spouse or family. (b) As used in this section, "in the course of employment" means at any time when a person is: (1) On duty in the capacity for which he or she is licensed by the department; or (2) Performing an act ordinarily performed in the capacity for which he or she is licensed by the department, although the person is not on duty at the time. (c) This section does not limit or deny the right of any person or the person's survivors to any other benefits provided by law. Added by Act 2015, No. 1184,§ 2, eff. 7/22/2015.

(a) When a person licensed by the Division of Emergency Medical Services dies in the course of employment, in recognition of and appreciation for the service of the deceased person, the Department of Health may award one (1) United States flag to the deceased person's spouse or family.

(b) As used in this section, "in the course of employment" means at any time when a person is: (1) On duty in the capacity for which he or she is licensed by the department; or (2) Performing an act ordinarily performed in the capacity for which he or she is licensed by the department, although the person is not on duty at the time.

(1) On duty in the capacity for which he or she is licensed by the department; or

(2) Performing an act ordinarily performed in the capacity for which he or she is licensed by the department, although the person is not on duty at the time.

(c) This section does not limit or deny the right of any person or the person's survivors to any other benefits provided by law.

Added by Act 2015, No. 1184,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 20-77-508 — AR Code / Title 20 / Chapter 77 / Subchapter 5 / Section 20-77-508
Recommendation of individual practitioner unlawful and nuisance
Status: in_force

The recommendation or naming of any particular ocular practitioner or group of ocular practitioners, professional association or firm, corporation, or association by any state employee or member of any state board, commission, department, political subdivision, or public school employee engaged in the expenditure of public money for eye examinations or vision examinations is declared to be an unlawful act and a public nuisance. Acts 1973, No. 10, § 4; A.S.A. 1947, § 83-1004.

The recommendation or naming of any particular ocular practitioner or group of ocular practitioners, professional association or firm, corporation, or association by any state employee or member of any state board, commission, department, political subdivision, or public school employee engaged in the expenditure of public money for eye examinations or vision examinations is declared to be an unlawful act and a public nuisance.

Acts 1973, No. 10, § 4; A.S.A. 1947, § 83-1004.
Ark. Code Ann. § 20-7-135 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-135
Nutrition and physical activity standards - Implementation
Status: in_force

(a) After having consulted the Child Health Advisory Committee and the State Board of Health, the State Board of Education shall promulgate appropriate rules to ensure that nutrition and physical activity standards and body mass index for age assessment protocols are implemented to provide students with the skills, opportunities, and encouragement to adopt healthy lifestyles. (b) The Department of Health in consultation with the Division of Elementary and Secondary Education shall: (1) Employ one (1) qualified community health promotion professional with training or experience, or both, in nutrition, chronic disease, or another related field to be housed within the department to plan, develop, implement, and evaluate pilot or model programs to support schools and communities if funds are available; (2) Employ one (1) statewide health promotion consultant to be housed within the division if funds are available; (3) Employ one (1) person as a community health promotion specialist to support implementation of pilot or model programs in schools and communities in nutrition and physical activity in several distinct geographical areas of the state if funds are available; (4) Assign all community health nurses under its supervision to work with schools to assure that body mass index for age assessment protocols are followed by school employees or their designees who conduct body mass index for age assessments and other student health screenings; and (5) Not use more than five percent (5%) of the annual Department of Health Master Settlement Agreement funds for the salaries or programs created under this subsection. (c) Every school district shall: (1) Prohibit for elementary school students in-school access to vending machines offering food and beverages; (2) (A) Permit students in grades seven through twelve (7-12) in-school access to vending machines offering food and beverages that meet the nutrition standards of the federal Smart Snacks in School program throughout the school day according to the school's health and wellness plan. (B) A school district shall not restrict the times that vending machines under subdivision (c)(2)(A) of this section are powered on or powered off. (C) Subdivisions (c)(2)(A) and (B) of this section only apply to schools offering vending machine services; (3) Require schools to include as part of the annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts; (4) Beginning with kindergarten and then in even-numbered grades, require schools to include as a part of a student health report to parents a body mass index percentile by age for each student; and (5) (A) Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school. (B) Students in grades eleven (11) and twelve (12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index. (d) The division shall: (1) Begin the implementation of standards developed by the Child Health Advisory Committee and approved by the division; and (2) Annually monitor and evaluate the implementation and effectiveness of the nutrition and physical education standards. (e) Every school district shall: (1) Convene a school nutrition and physical activity advisory committee that shall include members from school district governing boards, school administrators, food service personnel, teacher organizations, parents, students, and professional groups such as nurses and community members to: (A) Help raise awareness of the importance of nutrition and physical activity; and (B) Assist in the development of local policies that address issues and goals, including but not limited to the following: (i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health; (ii) Integrating nutrition and physical activity into the overall curriculum; (iii) Ensuring that professional development for staff includes nutrition and physical activity issues; (iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity; (v) Improving the quality of physical education curricula and increasing training of physical education teachers; (vi) Enforcing existing physical education requirements; and (vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value; (2) Begin the implementation of standards developed by the Child Health Advisory Committee with the approval of the division and the State Board of Health; and (3) Require that goals and objectives for nutrition and physical activity be incorporated into the annual school planning and reporting process. (f) (1) The division and the department shall report annually on progress in implementing nutrition and physical education standards to the: (A) Chair of the House Committee on Public Health, Welfare, and Labor; (B) Chair of the Senate Committee on Public Health, Welfare, and Labor; (C) Chair of the House Committee on Education; and (D) Chair of the Senate Committee on Education. (2) The State Board of Education shall submit to the House Committee on Education and the Senate Committee on Education for the House Committee on Education's and the Senate Committee on Education's review any proposed rules regarding physical education or physical activity standards for grades kindergarten through twelve (K-12) developed pursuant to this section. Amended by Act 2021, No. 1070,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1815, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2285, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2284, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2283, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2282, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2281, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2280, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2279, eff. 7/1/2019. Acts 2003, No. 1220, § 1; 2003 (2nd Ex. Sess.), No. 29, § 1; 2007, No. 201, § 1; 2007, No. 317, § 3.

(a) After having consulted the Child Health Advisory Committee and the State Board of Health, the State Board of Education shall promulgate appropriate rules to ensure that nutrition and physical activity standards and body mass index for age assessment protocols are implemented to provide students with the skills, opportunities, and encouragement to adopt healthy lifestyles.

(b) The Department of Health in consultation with the Division of Elementary and Secondary Education shall: (1) Employ one (1) qualified community health promotion professional with training or experience, or both, in nutrition, chronic disease, or another related field to be housed within the department to plan, develop, implement, and evaluate pilot or model programs to support schools and communities if funds are available; (2) Employ one (1) statewide health promotion consultant to be housed within the division if funds are available; (3) Employ one (1) person as a community health promotion specialist to support implementation of pilot or model programs in schools and communities in nutrition and physical activity in several distinct geographical areas of the state if funds are available; (4) Assign all community health nurses under its supervision to work with schools to assure that body mass index for age assessment protocols are followed by school employees or their designees who conduct body mass index for age assessments and other student health screenings; and (5) Not use more than five percent (5%) of the annual Department of Health Master Settlement Agreement funds for the salaries or programs created under this subsection.

(1) Employ one (1) qualified community health promotion professional with training or experience, or both, in nutrition, chronic disease, or another related field to be housed within the department to plan, develop, implement, and evaluate pilot or model programs to support schools and communities if funds are available;

(2) Employ one (1) statewide health promotion consultant to be housed within the division if funds are available;

(3) Employ one (1) person as a community health promotion specialist to support implementation of pilot or model programs in schools and communities in nutrition and physical activity in several distinct geographical areas of the state if funds are available;

(4) Assign all community health nurses under its supervision to work with schools to assure that body mass index for age assessment protocols are followed by school employees or their designees who conduct body mass index for age assessments and other student health screenings; and

(5) Not use more than five percent (5%) of the annual Department of Health Master Settlement Agreement funds for the salaries or programs created under this subsection.

(c) Every school district shall: (1) Prohibit for elementary school students in-school access to vending machines offering food and beverages; (2) (A) Permit students in grades seven through twelve (7-12) in-school access to vending machines offering food and beverages that meet the nutrition standards of the federal Smart Snacks in School program throughout the school day according to the school's health and wellness plan. (B) A school district shall not restrict the times that vending machines under subdivision (c)(2)(A) of this section are powered on or powered off. (C) Subdivisions (c)(2)(A) and (B) of this section only apply to schools offering vending machine services; (3) Require schools to include as part of the annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts; (4) Beginning with kindergarten and then in even-numbered grades, require schools to include as a part of a student health report to parents a body mass index percentile by age for each student; and (5) (A) Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school. (B) Students in grades eleven (11) and twelve (12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.

(1) Prohibit for elementary school students in-school access to vending machines offering food and beverages;

(2) (A) Permit students in grades seven through twelve (7-12) in-school access to vending machines offering food and beverages that meet the nutrition standards of the federal Smart Snacks in School program throughout the school day according to the school's health and wellness plan. (B) A school district shall not restrict the times that vending machines under subdivision (c)(2)(A) of this section are powered on or powered off. (C) Subdivisions (c)(2)(A) and (B) of this section only apply to schools offering vending machine services;

(A) Permit students in grades seven through twelve (7-12) in-school access to vending machines offering food and beverages that meet the nutrition standards of the federal Smart Snacks in School program throughout the school day according to the school's health and wellness plan.

(B) A school district shall not restrict the times that vending machines under subdivision (c)(2)(A) of this section are powered on or powered off.

(C) Subdivisions (c)(2)(A) and (B) of this section only apply to schools offering vending machine services;

(3) Require schools to include as part of the annual report to parents and the community the amounts and specific sources of funds received and expenditures made from competitive food and beverage contracts;

(4) Beginning with kindergarten and then in even-numbered grades, require schools to include as a part of a student health report to parents a body mass index percentile by age for each student; and

(5) (A) Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school. (B) Students in grades eleven (11) and twelve (12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.

(A) Permit any parent to refuse to have his or her child's body mass index percentile for age assessed and reported, by providing a written refusal to the school.

(B) Students in grades eleven (11) and twelve (12) are exempt from any policy or requirement of a public school or the state for measuring or reporting body mass index.

(d) The division shall: (1) Begin the implementation of standards developed by the Child Health Advisory Committee and approved by the division; and (2) Annually monitor and evaluate the implementation and effectiveness of the nutrition and physical education standards.

(1) Begin the implementation of standards developed by the Child Health Advisory Committee and approved by the division; and

(2) Annually monitor and evaluate the implementation and effectiveness of the nutrition and physical education standards.

(e) Every school district shall: (1) Convene a school nutrition and physical activity advisory committee that shall include members from school district governing boards, school administrators, food service personnel, teacher organizations, parents, students, and professional groups such as nurses and community members to: (A) Help raise awareness of the importance of nutrition and physical activity; and (B) Assist in the development of local policies that address issues and goals, including but not limited to the following: (i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health; (ii) Integrating nutrition and physical activity into the overall curriculum; (iii) Ensuring that professional development for staff includes nutrition and physical activity issues; (iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity; (v) Improving the quality of physical education curricula and increasing training of physical education teachers; (vi) Enforcing existing physical education requirements; and (vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value; (2) Begin the implementation of standards developed by the Child Health Advisory Committee with the approval of the division and the State Board of Health; and (3) Require that goals and objectives for nutrition and physical activity be incorporated into the annual school planning and reporting process.

(1) Convene a school nutrition and physical activity advisory committee that shall include members from school district governing boards, school administrators, food service personnel, teacher organizations, parents, students, and professional groups such as nurses and community members to: (A) Help raise awareness of the importance of nutrition and physical activity; and (B) Assist in the development of local policies that address issues and goals, including but not limited to the following: (i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health; (ii) Integrating nutrition and physical activity into the overall curriculum; (iii) Ensuring that professional development for staff includes nutrition and physical activity issues; (iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity; (v) Improving the quality of physical education curricula and increasing training of physical education teachers; (vi) Enforcing existing physical education requirements; and (vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value;

(A) Help raise awareness of the importance of nutrition and physical activity; and

(B) Assist in the development of local policies that address issues and goals, including but not limited to the following: (i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health; (ii) Integrating nutrition and physical activity into the overall curriculum; (iii) Ensuring that professional development for staff includes nutrition and physical activity issues; (iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity; (v) Improving the quality of physical education curricula and increasing training of physical education teachers; (vi) Enforcing existing physical education requirements; and (vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value;

(i) Assisting with the implementation of nutrition and physical activity standards developed by the school nutrition and physical activity advisory committee with the approval of the division and the State Board of Health;

(ii) Integrating nutrition and physical activity into the overall curriculum;

(iii) Ensuring that professional development for staff includes nutrition and physical activity issues;

(iv) Ensuring that students receive nutrition education and engage in healthful levels of vigorous physical activity;

(v) Improving the quality of physical education curricula and increasing training of physical education teachers;

(vi) Enforcing existing physical education requirements; and

(vii) Pursuing contracts that both encourage healthy eating by students and reduce school dependence on profits from the sale of foods of minimal nutritional value;

(2) Begin the implementation of standards developed by the Child Health Advisory Committee with the approval of the division and the State Board of Health; and

(3) Require that goals and objectives for nutrition and physical activity be incorporated into the annual school planning and reporting process.

(f) (1) The division and the department shall report annually on progress in implementing nutrition and physical education standards to the: (A) Chair of the House Committee on Public Health, Welfare, and Labor; (B) Chair of the Senate Committee on Public Health, Welfare, and Labor; (C) Chair of the House Committee on Education; and (D) Chair of the Senate Committee on Education. (2) The State Board of Education shall submit to the House Committee on Education and the Senate Committee on Education for the House Committee on Education's and the Senate Committee on Education's review any proposed rules regarding physical education or physical activity standards for grades kindergarten through twelve (K-12) developed pursuant to this section.

(1) The division and the department shall report annually on progress in implementing nutrition and physical education standards to the: (A) Chair of the House Committee on Public Health, Welfare, and Labor; (B) Chair of the Senate Committee on Public Health, Welfare, and Labor; (C) Chair of the House Committee on Education; and (D) Chair of the Senate Committee on Education.

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

(B) Chair of the Senate Committee on Public Health, Welfare, and Labor;

(C) Chair of the House Committee on Education; and

(D) Chair of the Senate Committee on Education.

(2) The State Board of Education shall submit to the House Committee on Education and the Senate Committee on Education for the House Committee on Education's and the Senate Committee on Education's review any proposed rules regarding physical education or physical activity standards for grades kindergarten through twelve (K-12) developed pursuant to this section.

Amended by Act 2021, No. 1070,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1815, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2285, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2284, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2283, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2282, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2281, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2280, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2279, eff. 7/1/2019.

Acts 2003, No. 1220, § 1; 2003 (2nd Ex. Sess.), No. 29, § 1; 2007, No. 201, § 1; 2007, No. 317, § 3.
Ark. Code Ann. § 20-77-2101 — AR Code / Title 20 / Chapter 77 / Subchapter 21 / Section 20-77-2101
[Repealed]
Status: repealed

Repealed by Act 2017EX1, No. 6,§ 7, eff. 5/4/2017. Amended by Act 2015, No. 1157,§ 8, eff. 7/22/2015. Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013. Repealed by Act 2017EX1, No. 3,§ 7, eff. 5/4/2017.

Repealed by Act 2017EX1, No. 6,§ 7, eff. 5/4/2017.

Amended by Act 2015, No. 1157,§ 8, eff. 7/22/2015.

Added by Act 2013, No. 1265,§ 1, eff. 8/16/2013.

Repealed by Act 2017EX1, No. 3,§ 7, eff. 5/4/2017.
Ark. Code Ann. § 20-76-444 — AR Code / Title 20 / Chapter 76 / Subchapter 4 / Section 20-76-444
Arkansas Work Pays Program - Created - Duties
Status: in_force

(a) (1) There is created the Arkansas Work Pays Program. (2) (A) The Arkansas Work Pays Program shall be administered by the Department of Human Services. (B) The administration of the Arkansas Work Pays Program shall focus on promoting the Transitional Employment Assistance Program outcomes specified in § 20-76-113 . (3) Eligible applicants to the Arkansas Work Pays Program shall receive one (1) or more of the following: (A) Cash assistance; (B) Support services; (C) Medical assistance; and (D) Employment assistance. (b) (1) Eligibility for assistance under the Arkansas Work Pays Program is limited to applicants or participants who: (A) Have care and custody of a related minor child; (B) Reside in the State of Arkansas at the time of application for assistance and during the period of assistance; (C) Apply for Arkansas Work Pays Program assistance within six (6) months of leaving the Transitional Employment Assistance Program after at least three (3) months of Transitional Employment Assistance Program assistance; (D) Have not received more than twelve (12) months of Arkansas Work Pays Program benefits; (E) Were engaged: (i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or (ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months; (F) Are: (i) Citizens of the United States; (ii) Qualified aliens lawfully present in the United States before August 22, 1996; (iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or (iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law; (G) Have income below one hundred fifty percent (150%) of the federal poverty level; and (H) Sign and comply with a personal responsibility agreement. (2) Families who leave the Arkansas Work Pays Program due to insufficient work hours may reenter the Arkansas Work Pays Program once they establish that they were paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month. (c) (1) Families participating in the Arkansas Work Pays Program with earnings less than the federal poverty level shall receive monthly cash assistance equal to the maximum monthly Transitional Employment Assistance Program benefit for a family of three (3) with no earned income. (2) The department may set payment levels for families earning above the federal poverty level by rule to allow for a gradual reduction in payments as earnings rise toward one hundred fifty percent (150%) of the federal poverty level. (d) (1) Enrollment in Arkansas Work Pays Program cash assistance may be limited to three thousand (3,000) participants. (2) If the Arkansas Workforce Development Board certifies to the Governor and the Chief Fiscal Officer of the State and notifies the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor that the action is necessary to avoid the number of families receiving Arkansas Work Pays Program cash assistance going over three thousand (3,000), it may authorize a reduction of the months for which families may receive cash assistance or other supportive services. (3) The number of months for which families are eligible for cash assistance may be reduced in three-month increments from the statutory provision of twelve (12) months. (4) Families who lose eligibility for cash assistance due to the reduction in the number of months of eligibility shall qualify for financial incentives offered to families leaving the Arkansas Work Pays Program. (5) The board shall withdraw its reduction of the months for which families are eligible for cash assistance if the reduction is no longer necessary to maintain enrollments below three thousand (3,000) families. (e) Families participating in the Arkansas Work Pays Program shall be eligible for the same support services and assistance as families enrolled in the Transitional Employment Assistance Program. (f) The department shall administer a work incentive program that includes cash bonuses and other financial incentives to encourage: (1) Transitional Employment Assistance Program recipients to leave the Transitional Employment Assistance Program and move into the Arkansas Work Pays Program; (2) Arkansas Work Pays Program participants to stay employed for at least twenty-four (24) hours a week and meet the federal work participation rate; and (3) Arkansas Work Pays Program participants to leave the Arkansas Work Pays Program and continue employment for at least twenty-four (24) hours per week. (g) (1) The department may work with local workforce offices to develop and administer services to Arkansas Work Pays Program participants designed to help them move into higher-paying jobs available in their regions. (2) These services may include: (A) Employment exchanges; (B) Education and training; (C) Work supports; and (D) Other services designed to help Arkansas Work Pays Program participants increase their earnings and develop careers. (3) The department may make these services available to low-income workers who are not participating in the Arkansas Work Pays Program. (h) (1) The department shall promulgate rules establishing the Arkansas Work Pays Program. (2) The rules shall be subject to review and recommendation by the board. Amended by Act 2023, No. 832,§ 17, eff. 7/1/2023. Amended by Act 2023, No. 266,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 266,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 537, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 536, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 535, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 534, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 533, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 532, eff. 7/1/2019. Acts 2005, No. 1705, § 19; 2007, No. 514, §§ 21, 22; 2009, No. 952, § 15.

(a) (1) There is created the Arkansas Work Pays Program. (2) (A) The Arkansas Work Pays Program shall be administered by the Department of Human Services. (B) The administration of the Arkansas Work Pays Program shall focus on promoting the Transitional Employment Assistance Program outcomes specified in § 20-76-113 . (3) Eligible applicants to the Arkansas Work Pays Program shall receive one (1) or more of the following: (A) Cash assistance; (B) Support services; (C) Medical assistance; and (D) Employment assistance.

(1) There is created the Arkansas Work Pays Program.

(2) (A) The Arkansas Work Pays Program shall be administered by the Department of Human Services. (B) The administration of the Arkansas Work Pays Program shall focus on promoting the Transitional Employment Assistance Program outcomes specified in § 20-76-113 .

(A) The Arkansas Work Pays Program shall be administered by the Department of Human Services.

(B) The administration of the Arkansas Work Pays Program shall focus on promoting the Transitional Employment Assistance Program outcomes specified in § 20-76-113 .

(3) Eligible applicants to the Arkansas Work Pays Program shall receive one (1) or more of the following: (A) Cash assistance; (B) Support services; (C) Medical assistance; and (D) Employment assistance.

(A) Cash assistance;

(B) Support services;

(C) Medical assistance; and

(D) Employment assistance.

(b) (1) Eligibility for assistance under the Arkansas Work Pays Program is limited to applicants or participants who: (A) Have care and custody of a related minor child; (B) Reside in the State of Arkansas at the time of application for assistance and during the period of assistance; (C) Apply for Arkansas Work Pays Program assistance within six (6) months of leaving the Transitional Employment Assistance Program after at least three (3) months of Transitional Employment Assistance Program assistance; (D) Have not received more than twelve (12) months of Arkansas Work Pays Program benefits; (E) Were engaged: (i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or (ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months; (F) Are: (i) Citizens of the United States; (ii) Qualified aliens lawfully present in the United States before August 22, 1996; (iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or (iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law; (G) Have income below one hundred fifty percent (150%) of the federal poverty level; and (H) Sign and comply with a personal responsibility agreement. (2) Families who leave the Arkansas Work Pays Program due to insufficient work hours may reenter the Arkansas Work Pays Program once they establish that they were paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month.

(1) Eligibility for assistance under the Arkansas Work Pays Program is limited to applicants or participants who: (A) Have care and custody of a related minor child; (B) Reside in the State of Arkansas at the time of application for assistance and during the period of assistance; (C) Apply for Arkansas Work Pays Program assistance within six (6) months of leaving the Transitional Employment Assistance Program after at least three (3) months of Transitional Employment Assistance Program assistance; (D) Have not received more than twelve (12) months of Arkansas Work Pays Program benefits; (E) Were engaged: (i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or (ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months; (F) Are: (i) Citizens of the United States; (ii) Qualified aliens lawfully present in the United States before August 22, 1996; (iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or (iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law; (G) Have income below one hundred fifty percent (150%) of the federal poverty level; and (H) Sign and comply with a personal responsibility agreement.

(A) Have care and custody of a related minor child;

(B) Reside in the State of Arkansas at the time of application for assistance and during the period of assistance;

(C) Apply for Arkansas Work Pays Program assistance within six (6) months of leaving the Transitional Employment Assistance Program after at least three (3) months of Transitional Employment Assistance Program assistance;

(D) Have not received more than twelve (12) months of Arkansas Work Pays Program benefits;

(E) Were engaged: (i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or (ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months;

(i) In paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month; or

(ii) In the case of continuing eligibility, in paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for one (1) of the past three (3) months and for at least three (3) of the past six (6) months;

(F) Are: (i) Citizens of the United States; (ii) Qualified aliens lawfully present in the United States before August 22, 1996; (iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or (iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law;

(i) Citizens of the United States;

(ii) Qualified aliens lawfully present in the United States before August 22, 1996;

(iii) Qualified aliens who physically entered the United States on or after August 22, 1996, and have been in qualified immigrant status for at least five (5) years; or

(iv) Aliens to whom benefits under Temporary Assistance for Needy Families must be provided under federal law;

(G) Have income below one hundred fifty percent (150%) of the federal poverty level; and

(H) Sign and comply with a personal responsibility agreement.

(2) Families who leave the Arkansas Work Pays Program due to insufficient work hours may reenter the Arkansas Work Pays Program once they establish that they were paid work activities for a minimum of twenty-four (24) hours per week and met the federal work participation requirement for the past month.

(c) (1) Families participating in the Arkansas Work Pays Program with earnings less than the federal poverty level shall receive monthly cash assistance equal to the maximum monthly Transitional Employment Assistance Program benefit for a family of three (3) with no earned income. (2) The department may set payment levels for families earning above the federal poverty level by rule to allow for a gradual reduction in payments as earnings rise toward one hundred fifty percent (150%) of the federal poverty level.

(1) Families participating in the Arkansas Work Pays Program with earnings less than the federal poverty level shall receive monthly cash assistance equal to the maximum monthly Transitional Employment Assistance Program benefit for a family of three (3) with no earned income.

(2) The department may set payment levels for families earning above the federal poverty level by rule to allow for a gradual reduction in payments as earnings rise toward one hundred fifty percent (150%) of the federal poverty level.

(d) (1) Enrollment in Arkansas Work Pays Program cash assistance may be limited to three thousand (3,000) participants. (2) If the Arkansas Workforce Development Board certifies to the Governor and the Chief Fiscal Officer of the State and notifies the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor that the action is necessary to avoid the number of families receiving Arkansas Work Pays Program cash assistance going over three thousand (3,000), it may authorize a reduction of the months for which families may receive cash assistance or other supportive services. (3) The number of months for which families are eligible for cash assistance may be reduced in three-month increments from the statutory provision of twelve (12) months. (4) Families who lose eligibility for cash assistance due to the reduction in the number of months of eligibility shall qualify for financial incentives offered to families leaving the Arkansas Work Pays Program. (5) The board shall withdraw its reduction of the months for which families are eligible for cash assistance if the reduction is no longer necessary to maintain enrollments below three thousand (3,000) families.

(1) Enrollment in Arkansas Work Pays Program cash assistance may be limited to three thousand (3,000) participants.

(2) If the Arkansas Workforce Development Board certifies to the Governor and the Chief Fiscal Officer of the State and notifies the Legislative Council, the Senate Committee on Public Health, Welfare, and Labor, and the House Committee on Public Health, Welfare, and Labor that the action is necessary to avoid the number of families receiving Arkansas Work Pays Program cash assistance going over three thousand (3,000), it may authorize a reduction of the months for which families may receive cash assistance or other supportive services.

(3) The number of months for which families are eligible for cash assistance may be reduced in three-month increments from the statutory provision of twelve (12) months.

(4) Families who lose eligibility for cash assistance due to the reduction in the number of months of eligibility shall qualify for financial incentives offered to families leaving the Arkansas Work Pays Program.

(5) The board shall withdraw its reduction of the months for which families are eligible for cash assistance if the reduction is no longer necessary to maintain enrollments below three thousand (3,000) families.

(e) Families participating in the Arkansas Work Pays Program shall be eligible for the same support services and assistance as families enrolled in the Transitional Employment Assistance Program.

(f) The department shall administer a work incentive program that includes cash bonuses and other financial incentives to encourage: (1) Transitional Employment Assistance Program recipients to leave the Transitional Employment Assistance Program and move into the Arkansas Work Pays Program; (2) Arkansas Work Pays Program participants to stay employed for at least twenty-four (24) hours a week and meet the federal work participation rate; and (3) Arkansas Work Pays Program participants to leave the Arkansas Work Pays Program and continue employment for at least twenty-four (24) hours per week.

(1) Transitional Employment Assistance Program recipients to leave the Transitional Employment Assistance Program and move into the Arkansas Work Pays Program;

(2) Arkansas Work Pays Program participants to stay employed for at least twenty-four (24) hours a week and meet the federal work participation rate; and

(3) Arkansas Work Pays Program participants to leave the Arkansas Work Pays Program and continue employment for at least twenty-four (24) hours per week.

(g) (1) The department may work with local workforce offices to develop and administer services to Arkansas Work Pays Program participants designed to help them move into higher-paying jobs available in their regions. (2) These services may include: (A) Employment exchanges; (B) Education and training; (C) Work supports; and (D) Other services designed to help Arkansas Work Pays Program participants increase their earnings and develop careers. (3) The department may make these services available to low-income workers who are not participating in the Arkansas Work Pays Program.

(1) The department may work with local workforce offices to develop and administer services to Arkansas Work Pays Program participants designed to help them move into higher-paying jobs available in their regions.

(2) These services may include: (A) Employment exchanges; (B) Education and training; (C) Work supports; and (D) Other services designed to help Arkansas Work Pays Program participants increase their earnings and develop careers.

(A) Employment exchanges;

(B) Education and training;

(C) Work supports; and

(D) Other services designed to help Arkansas Work Pays Program participants increase their earnings and develop careers.

(3) The department may make these services available to low-income workers who are not participating in the Arkansas Work Pays Program.

(h) (1) The department shall promulgate rules establishing the Arkansas Work Pays Program. (2) The rules shall be subject to review and recommendation by the board.

(1) The department shall promulgate rules establishing the Arkansas Work Pays Program.

(2) The rules shall be subject to review and recommendation by the board.

Amended by Act 2023, No. 832,§ 17, eff. 7/1/2023.

Amended by Act 2023, No. 266,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 266,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 537, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 536, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 535, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 534, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 533, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 532, eff. 7/1/2019.

Acts 2005, No. 1705, § 19; 2007, No. 514, §§ 21, 22; 2009, No. 952, § 15.
Ark. Code Ann. § 20-77-2605 — AR Code / Title 20 / Chapter 77 / Subchapter 26 / Section 20-77-2605
Notification to caregiver
Status: in_force

(a) If a patient has designated a caregiver, the hospital shall notify the designated caregiver of the patient concerning the discharge or transfer of the patient to another licensed facility as soon as possible before discharge or transfer. (b) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.

(a) If a patient has designated a caregiver, the hospital shall notify the designated caregiver of the patient concerning the discharge or transfer of the patient to another licensed facility as soon as possible before discharge or transfer.

(b) In the event that the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient.

Added by Act 2015, No. 1013,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 20-77-1709 — AR Code / Title 20 / Chapter 77 / Subchapter 17 / Section 20-77-1709
Promulgation before enforcement
Status: in_force

(a) The Department of Human Services may not use state policies, guidelines, manuals, or other such criteria in enforcement actions against providers unless the criteria have been promulgated. (b) Nothing in this section requires or authorizes the department to attempt to promulgate standards of care that practitioners use in determining medical necessity or rendering medical decisions, diagnoses, or treatment. (c) Medicaid contractors may not use a different provider manual than the Centers for Medicare & Medicaid Services Provider Reimbursement Manual promulgated for each service category. Acts 2005, No. 1758, § 1; 2007, No. 596, § 4.

(a) The Department of Human Services may not use state policies, guidelines, manuals, or other such criteria in enforcement actions against providers unless the criteria have been promulgated.

(b) Nothing in this section requires or authorizes the department to attempt to promulgate standards of care that practitioners use in determining medical necessity or rendering medical decisions, diagnoses, or treatment.

(c) Medicaid contractors may not use a different provider manual than the Centers for Medicare & Medicaid Services Provider Reimbursement Manual promulgated for each service category.

Acts 2005, No. 1758, § 1; 2007, No. 596, § 4.
Ark. Code Ann. § 20-25-106 — AR Code / Title 20 / Chapter 25 / Section 20-25-106
Arkansas Manufactured Home Commission - Powers and duties
Status: in_force

(a) (1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper: (A) (i) Initial installation of new manufactured homes installed in this state. (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and (B) Secondary installation of used manufactured homes installed in this state. (2) The commission by rule shall set the requirements for and require: (A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state; (B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and (C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state. (b) The commission shall require bonding or other reasonable methods to assure that manufacturers, retailers, installers, and others licensed or certified under this chapter will be financially responsible to fully comply with the code. (c) (1) The commission shall by rule establish procedures for the investigation and timely resolution of: (A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including: (i) Violations of the federal standards; and (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and (B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home. (2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development. (3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code. (d) (1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission. (2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff. (e) The commission shall delegate its authority, except the authority to adopt standards and rules, to the director. (f) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this chapter of any person who is found to have been guilty of: (1) Fraud, misrepresentation, or deception in obtaining a license or certification; (2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter; (3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or (4) Violating any provision of this chapter or rules promulgated under this chapter. (g) (1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission. (2) The penalty shall: (A) Be imposed only if the commission formally finds that: (i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and (ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and (B) Not be abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification. (3) (A) No monetary penalty imposed by the commission shall exceed the penalty established by the rules promulgated by the commission and approved by the General Assembly. (B) Each separate transaction shall constitute a separate violation. (4) Except as provided under subdivision (g)(1) of this section, the commission shall not impose a civil penalty upon any person whose license or certification is surrendered, suspended, revoked, or not renewed under this section. (h) Regarding any violation of this chapter or the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., the commission shall have the power to issue subpoenas and bring before the commission as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence. (i) The commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to this section. (j) All hearings and appeals therefrom under this section shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (k) The commission may require manufacturers, distributors, and retailers in this state to make reports as it deems necessary. The reports shall be filed with the director. (l) No license or certification shall be transferred or assigned to any other person. (m) (1) (A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both. (B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both. (2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter. (n) The commission shall adopt rules, issue orders, and otherwise act as necessary to: (1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. § 5414 ; and (2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R. § 3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., approved by the United States Secretary of Housing and Urban Development. Amended by Act 2023, No. 391,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2086, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2085, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2084, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2083, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2082, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2081, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2080, eff. 7/24/2019. Acts 1977, No. 419, §§ 7, 12; 1981, No. 533, §§ 7, 12; 1983, No. 416, § 2; 1985, No. 314, § 2; A.S.A. 1947, §§ 82-3021, 82-3026; Acts 1991, No. 632, § 1; 2001, No. 1067, § 3; 2005, No. 1235, §§ 2, 3; 2007, No. 1010, § 2; 2011, No. 346, § 1.

(a) (1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper: (A) (i) Initial installation of new manufactured homes installed in this state. (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and (B) Secondary installation of used manufactured homes installed in this state. (2) The commission by rule shall set the requirements for and require: (A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state; (B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and (C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state.

(1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper: (A) (i) Initial installation of new manufactured homes installed in this state. (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and (B) Secondary installation of used manufactured homes installed in this state.

(A) (i) Initial installation of new manufactured homes installed in this state. (ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and

(i) Initial installation of new manufactured homes installed in this state.

(ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and

(B) Secondary installation of used manufactured homes installed in this state.

(2) The commission by rule shall set the requirements for and require: (A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state; (B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and (C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state.

(A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state;

(B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and

(C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state.

(b) The commission shall require bonding or other reasonable methods to assure that manufacturers, retailers, installers, and others licensed or certified under this chapter will be financially responsible to fully comply with the code.

(c) (1) The commission shall by rule establish procedures for the investigation and timely resolution of: (A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including: (i) Violations of the federal standards; and (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and (B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home. (2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development. (3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code.

(1) The commission shall by rule establish procedures for the investigation and timely resolution of: (A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including: (i) Violations of the federal standards; and (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and (B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home.

(A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including: (i) Violations of the federal standards; and (ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and

(i) Violations of the federal standards; and

(ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and

(B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home.

(2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development.

(3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code.

(d) (1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission. (2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff.

(1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission.

(2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff.

(e) The commission shall delegate its authority, except the authority to adopt standards and rules, to the director.

(f) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this chapter of any person who is found to have been guilty of: (1) Fraud, misrepresentation, or deception in obtaining a license or certification; (2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter; (3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or (4) Violating any provision of this chapter or rules promulgated under this chapter.

(1) Fraud, misrepresentation, or deception in obtaining a license or certification;

(2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter;

(3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or

(4) Violating any provision of this chapter or rules promulgated under this chapter.

(g) (1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission. (2) The penalty shall: (A) Be imposed only if the commission formally finds that: (i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and (ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and (B) Not be abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification. (3) (A) No monetary penalty imposed by the commission shall exceed the penalty established by the rules promulgated by the commission and approved by the General Assembly. (B) Each separate transaction shall constitute a separate violation. (4) Except as provided under subdivision (g)(1) of this section, the commission shall not impose a civil penalty upon any person whose license or certification is surrendered, suspended, revoked, or not renewed under this section.

(1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission.

(2) The penalty shall: (A) Be imposed only if the commission formally finds that: (i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and (ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and (B) Not be abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification.

(A) Be imposed only if the commission formally finds that: (i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and (ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and

(i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and

(ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and

(B) Not be abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification.

(3) (A) No monetary penalty imposed by the commission shall exceed the penalty established by the rules promulgated by the commission and approved by the General Assembly. (B) Each separate transaction shall constitute a separate violation.

(A) No monetary penalty imposed by the commission shall exceed the penalty established by the rules promulgated by the commission and approved by the General Assembly.

(B) Each separate transaction shall constitute a separate violation.

(4) Except as provided under subdivision (g)(1) of this section, the commission shall not impose a civil penalty upon any person whose license or certification is surrendered, suspended, revoked, or not renewed under this section.

(h) Regarding any violation of this chapter or the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., the commission shall have the power to issue subpoenas and bring before the commission as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.

(i) The commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to this section.

(j) All hearings and appeals therefrom under this section shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(k) The commission may require manufacturers, distributors, and retailers in this state to make reports as it deems necessary. The reports shall be filed with the director.

(l) No license or certification shall be transferred or assigned to any other person.

(m) (1) (A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both. (B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both. (2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter.

(1) (A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both. (B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both.

(A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both.

(B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both.

(2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter.

(n) The commission shall adopt rules, issue orders, and otherwise act as necessary to: (1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. § 5414 ; and (2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R. § 3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., approved by the United States Secretary of Housing and Urban Development.

(1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. § 5414 ; and

(2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R. § 3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., approved by the United States Secretary of Housing and Urban Development.

Amended by Act 2023, No. 391,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2086, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2085, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2084, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2083, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2082, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2081, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2080, eff. 7/24/2019.

Acts 1977, No. 419, §§ 7, 12; 1981, No. 533, §§ 7, 12; 1983, No. 416, § 2; 1985, No. 314, § 2; A.S.A. 1947, §§ 82-3021, 82-3026; Acts 1991, No. 632, § 1; 2001, No. 1067, § 3; 2005, No. 1235, §§ 2, 3; 2007, No. 1010, § 2; 2011, No. 346, § 1.
Ark. Code Ann. § 20-2-107 — AR Code / Title 20 / Chapter 2 / Section 20-2-107
[Repealed] Transferred
Status: repealed

Amended by Act 2019, No. 910,§ 4922, eff. 7/1/2019. Repealed by Act 2019, No. 389,§ 2, eff. 7/24/2019. Acts 2009, No. 358, § 2.

Amended by Act 2019, No. 910,§ 4922, eff. 7/1/2019.

Repealed by Act 2019, No. 389,§ 2, eff. 7/24/2019.

Acts 2009, No. 358, § 2.
Ark. Code Ann. § 20-7-111 — AR Code / Title 20 / Chapter 7 / Subchapter 1 / Section 20-7-111
Administration of certain federal acts
Status: in_force

(a) The State of Arkansas does accept the benefits of any acts now passed or hereafter to be passed by the United States Congress to provide for cooperation with the states in the protection of mothers and infants and promotion of a public health program. (b) (1) The State Board of Health is designated as the board for the purpose of carrying into effect the provisions of the federal acts and this section and shall have all necessary authority to cooperate with the federal authorities administering the acts of the United States Congress. (2) The board shall administer any legislation pursuant thereto enacted by the State of Arkansas under this section for promotion of a health program. (c) (1) The Secretary of the Department of Health shall act as executive officer for the purpose of administering the federal acts and this section. (2) The secretary shall carry into effect such rules and regulations as the federal authorities and the board may adopt pursuant to the federal acts and this section. (d) The Treasurer of State is designated and appointed custodian of all moneys received by the state from the appropriation made by the United States Congress, and he or she may receive and provide for the proper custody of the moneys and make disbursements in the manner provided by law and for the purpose specified in this section. (e) The allocation of funds under this section shall be made to the respective counties in consecutive order as they make application and qualify for the funds. (f) (1) Any person, firm, or corporation violating any of the provisions of this section upon conviction shall be guilty of a violation and shall be fined not more than five hundred dollars ($500) at the discretion of the court. (2) Each day that the violation is committed shall constitute a separate offense. Amended by Act 2019, No. 910,§ 4928, eff. 7/1/2019. Acts 1931, No. 235, §§ 3-6, 10, 11; Pope's Dig., §§ 6392-6395, 6397, 6398; A.S.A. 1947, §§ 82-123 -- 82-128; Acts 2005, No. 1994, § 103.

(a) The State of Arkansas does accept the benefits of any acts now passed or hereafter to be passed by the United States Congress to provide for cooperation with the states in the protection of mothers and infants and promotion of a public health program.

(b) (1) The State Board of Health is designated as the board for the purpose of carrying into effect the provisions of the federal acts and this section and shall have all necessary authority to cooperate with the federal authorities administering the acts of the United States Congress. (2) The board shall administer any legislation pursuant thereto enacted by the State of Arkansas under this section for promotion of a health program.

(1) The State Board of Health is designated as the board for the purpose of carrying into effect the provisions of the federal acts and this section and shall have all necessary authority to cooperate with the federal authorities administering the acts of the United States Congress.

(2) The board shall administer any legislation pursuant thereto enacted by the State of Arkansas under this section for promotion of a health program.

(c) (1) The Secretary of the Department of Health shall act as executive officer for the purpose of administering the federal acts and this section. (2) The secretary shall carry into effect such rules and regulations as the federal authorities and the board may adopt pursuant to the federal acts and this section.

(1) The Secretary of the Department of Health shall act as executive officer for the purpose of administering the federal acts and this section.

(2) The secretary shall carry into effect such rules and regulations as the federal authorities and the board may adopt pursuant to the federal acts and this section.

(d) The Treasurer of State is designated and appointed custodian of all moneys received by the state from the appropriation made by the United States Congress, and he or she may receive and provide for the proper custody of the moneys and make disbursements in the manner provided by law and for the purpose specified in this section.

(e) The allocation of funds under this section shall be made to the respective counties in consecutive order as they make application and qualify for the funds.

(f) (1) Any person, firm, or corporation violating any of the provisions of this section upon conviction shall be guilty of a violation and shall be fined not more than five hundred dollars ($500) at the discretion of the court. (2) Each day that the violation is committed shall constitute a separate offense.

(1) Any person, firm, or corporation violating any of the provisions of this section upon conviction shall be guilty of a violation and shall be fined not more than five hundred dollars ($500) at the discretion of the court.

(2) Each day that the violation is committed shall constitute a separate offense.

Amended by Act 2019, No. 910,§ 4928, eff. 7/1/2019.

Acts 1931, No. 235, §§ 3-6, 10, 11; Pope's Dig., §§ 6392-6395, 6397, 6398; A.S.A. 1947, §§ 82-123 -- 82-128; Acts 2005, No. 1994, § 103.
Ark. Code Ann. § 20-10-1005 — AR Code / Title 20 / Chapter 10 / Subchapter 10 / Section 20-10-1005
Procedure for transfer or discharge of residents - Violations
Status: in_force

(a) The Department of Human Services shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include: (1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished: (A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility; (B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility; (C) The safety of individuals in the facility is endangered; (D) The health of individuals in the facility would otherwise be endangered; (E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or (F) The facility ceases to operate; (2) (A) An appeals process for residents objecting to an involuntary transfer or discharge that places the burden of proof for justification of the transfer or discharge on the facility. (B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer. (C) Unless otherwise agreed to by the parties: (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and (ii) A final determination shall be rendered within seven (7) days following the hearing; and (3) The contents of the written notice, including a statement in clear and concise language of the appeals process to be followed by the resident and the time periods in which: (A) The resident must request an appeal; (B) The appeal must be heard; and (C) The earliest date a transfer would be allowed if the decision is against the resident. (b) A request for a hearing shall stay a transfer pending a final determination. (c) If the facility prevails and the final determination is not rendered within seven (7) days of the conclusion of the hearing, the department shall bear the cost of the resident's continued stay in the long-term care facility until such time as the decision is rendered. (d) The facility shall provide preparation and orientation to residents to ensure a safe and orderly transfer or discharge. (e) Failure to comply with the transfer or discharge procedures as prescribed by the department shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed. Amended by Act 2021, No. 1017,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 1017,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1895, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1894, eff. 7/24/2019. Acts 1988 (4th Ex. Sess.), No. 17, § 1; 2001, No. 1763, § 1; 2007, No. 827, § 153.

(a) The Department of Human Services shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include: (1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished: (A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility; (B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility; (C) The safety of individuals in the facility is endangered; (D) The health of individuals in the facility would otherwise be endangered; (E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or (F) The facility ceases to operate; (2) (A) An appeals process for residents objecting to an involuntary transfer or discharge that places the burden of proof for justification of the transfer or discharge on the facility. (B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer. (C) Unless otherwise agreed to by the parties: (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and (ii) A final determination shall be rendered within seven (7) days following the hearing; and (3) The contents of the written notice, including a statement in clear and concise language of the appeals process to be followed by the resident and the time periods in which: (A) The resident must request an appeal; (B) The appeal must be heard; and (C) The earliest date a transfer would be allowed if the decision is against the resident.

(1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished: (A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility; (B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility; (C) The safety of individuals in the facility is endangered; (D) The health of individuals in the facility would otherwise be endangered; (E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or (F) The facility ceases to operate;

(A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility;

(B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility;

(C) The safety of individuals in the facility is endangered;

(D) The health of individuals in the facility would otherwise be endangered;

(E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or

(F) The facility ceases to operate;

(2) (A) An appeals process for residents objecting to an involuntary transfer or discharge that places the burden of proof for justification of the transfer or discharge on the facility. (B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer. (C) Unless otherwise agreed to by the parties: (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and (ii) A final determination shall be rendered within seven (7) days following the hearing; and

(A) An appeals process for residents objecting to an involuntary transfer or discharge that places the burden of proof for justification of the transfer or discharge on the facility.

(B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer.

(C) Unless otherwise agreed to by the parties: (i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and (ii) A final determination shall be rendered within seven (7) days following the hearing; and

(i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and

(ii) A final determination shall be rendered within seven (7) days following the hearing; and

(3) The contents of the written notice, including a statement in clear and concise language of the appeals process to be followed by the resident and the time periods in which: (A) The resident must request an appeal; (B) The appeal must be heard; and (C) The earliest date a transfer would be allowed if the decision is against the resident.

(A) The resident must request an appeal;

(B) The appeal must be heard; and

(C) The earliest date a transfer would be allowed if the decision is against the resident.

(b) A request for a hearing shall stay a transfer pending a final determination.

(c) If the facility prevails and the final determination is not rendered within seven (7) days of the conclusion of the hearing, the department shall bear the cost of the resident's continued stay in the long-term care facility until such time as the decision is rendered.

(d) The facility shall provide preparation and orientation to residents to ensure a safe and orderly transfer or discharge.

(e) Failure to comply with the transfer or discharge procedures as prescribed by the department shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.

Amended by Act 2021, No. 1017,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 1017,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1895, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1894, eff. 7/24/2019.

Acts 1988 (4th Ex. Sess.), No. 17, § 1; 2001, No. 1763, § 1; 2007, No. 827, § 153.
Ark. Code Ann. § 20-10-1206 — AR Code / Title 20 / Chapter 10 / Subchapter 12 / Section 20-10-1206
Right of entry and inspection
Status: in_force

(a) (1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and the rules in force pursuant to this subchapter. (2) The right of entry and inspection shall also extend to any premise which the department has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless an inspection order is first obtained from a circuit court upon a showing of reasonable cause to inspect that certain premises are being maintained and operated in violation of this subchapter and statutory licensure requirements. (b) Any records of a long-term care facility determined by the Office of Long-Term Care to be necessary and essential to establish lawful compliance with any rules or standards shall be made available to the office on the premises of the facility, with the exception of quality assurance committee records. Acts 1999, No. 1181, §§ 8, 9.

(a) (1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and the rules in force pursuant to this subchapter. (2) The right of entry and inspection shall also extend to any premise which the department has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless an inspection order is first obtained from a circuit court upon a showing of reasonable cause to inspect that certain premises are being maintained and operated in violation of this subchapter and statutory licensure requirements.

(1) The Department of Human Services and any duly designated officer or employee thereof or an ombudsman shall have the right to enter upon and into the premises of any long-term care facility at any time in order to determine the state of compliance with this subchapter and the rules in force pursuant to this subchapter.

(2) The right of entry and inspection shall also extend to any premise which the department has reason to believe is being operated or maintained as a facility without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless an inspection order is first obtained from a circuit court upon a showing of reasonable cause to inspect that certain premises are being maintained and operated in violation of this subchapter and statutory licensure requirements.

(b) Any records of a long-term care facility determined by the Office of Long-Term Care to be necessary and essential to establish lawful compliance with any rules or standards shall be made available to the office on the premises of the facility, with the exception of quality assurance committee records.

Acts 1999, No. 1181, §§ 8, 9.
Ark. Code Ann. § 20-22-1004 — AR Code / Title 20 / Chapter 22 / Subchapter 10 / Section 20-22-1004
Office of Fire Protection Services
Status: in_force

(a) The Office of Fire Protection Services shall have the following duties and functions: (1) To be responsible for carrying out the administrative functions and directives of the Arkansas Fire Protection Services Board and for managing those activities prescribed for the board under § 14-284-401 et seq.; (2) To act as coordinator of the activities for the programs and functions prescribed under this subchapter; (3) To act as the point of contact for the State of Arkansas concerning federal, state, and local fire services-related programs; (4) To advise and direct the designation of fire services liaisons within each affected state department or agency and each local government; (5) To prepare, publish, and keep current a listing of the various fire services agencies of the state and its local governments and the firefighting, prevention, training, mitigation, and adjunct services they are trained and equipped to perform; (6) To facilitate and coordinate the preparation, formulation, and development of the Arkansas Fire Protection Services Resources Plan, a comprehensive plan for the orderly coordination, cooperation, and development of fire services resources of the State of Arkansas and its local governments; and (7) To assist the State Fire Marshal. (b) (1) The office shall have those professional, technical, secretarial, and administrative employees as may be necessary to carry out the functions of this subchapter. (2) The office may make the expenditures within the appropriation therefor made available to it from whatever sources for the purpose of fire services coordination as may be necessary to carry out the functions of this subchapter. (c) The office shall coordinate the activities prescribed under this subchapter and shall cooperate with and receive cooperation from the following fire services agencies of the State of Arkansas: (1) The Arkansas law enforcement officers, who are responsible for providing the services and functions related to the investigation of arson and enforcement of arson laws and other functions as may be specified by law; (2) The Arkansas Fire Training Academy, which shall provide fire services and adjunct training and education services as are required to ensure the maximum possible professionalism and competence of firefighters in Arkansas; and (3) The Rural Fire Protection Service of the Arkansas Forestry Commission, which shall provide refurbished and repaired vehicles and other equipment for firefighting operations and which provides technical assistance and guidance to rural fire protection districts. (d) All state agencies involved in fire services, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments shall cooperate to the fullest extent possible with the office in the performance of their duties and functions under this subchapter. Amended by Act 2023, No. 841,§ 43, eff. 7/1/2023. Amended by Act 2023, No. 841,§ 42, eff. 7/1/2023. Acts 1993, No. 1303, § 4.

(a) The Office of Fire Protection Services shall have the following duties and functions: (1) To be responsible for carrying out the administrative functions and directives of the Arkansas Fire Protection Services Board and for managing those activities prescribed for the board under § 14-284-401 et seq.; (2) To act as coordinator of the activities for the programs and functions prescribed under this subchapter; (3) To act as the point of contact for the State of Arkansas concerning federal, state, and local fire services-related programs; (4) To advise and direct the designation of fire services liaisons within each affected state department or agency and each local government; (5) To prepare, publish, and keep current a listing of the various fire services agencies of the state and its local governments and the firefighting, prevention, training, mitigation, and adjunct services they are trained and equipped to perform; (6) To facilitate and coordinate the preparation, formulation, and development of the Arkansas Fire Protection Services Resources Plan, a comprehensive plan for the orderly coordination, cooperation, and development of fire services resources of the State of Arkansas and its local governments; and (7) To assist the State Fire Marshal.

(1) To be responsible for carrying out the administrative functions and directives of the Arkansas Fire Protection Services Board and for managing those activities prescribed for the board under § 14-284-401 et seq.;

(2) To act as coordinator of the activities for the programs and functions prescribed under this subchapter;

(3) To act as the point of contact for the State of Arkansas concerning federal, state, and local fire services-related programs;

(4) To advise and direct the designation of fire services liaisons within each affected state department or agency and each local government;

(5) To prepare, publish, and keep current a listing of the various fire services agencies of the state and its local governments and the firefighting, prevention, training, mitigation, and adjunct services they are trained and equipped to perform;

(6) To facilitate and coordinate the preparation, formulation, and development of the Arkansas Fire Protection Services Resources Plan, a comprehensive plan for the orderly coordination, cooperation, and development of fire services resources of the State of Arkansas and its local governments; and

(7) To assist the State Fire Marshal.

(b) (1) The office shall have those professional, technical, secretarial, and administrative employees as may be necessary to carry out the functions of this subchapter. (2) The office may make the expenditures within the appropriation therefor made available to it from whatever sources for the purpose of fire services coordination as may be necessary to carry out the functions of this subchapter.

(1) The office shall have those professional, technical, secretarial, and administrative employees as may be necessary to carry out the functions of this subchapter.

(2) The office may make the expenditures within the appropriation therefor made available to it from whatever sources for the purpose of fire services coordination as may be necessary to carry out the functions of this subchapter.

(c) The office shall coordinate the activities prescribed under this subchapter and shall cooperate with and receive cooperation from the following fire services agencies of the State of Arkansas: (1) The Arkansas law enforcement officers, who are responsible for providing the services and functions related to the investigation of arson and enforcement of arson laws and other functions as may be specified by law; (2) The Arkansas Fire Training Academy, which shall provide fire services and adjunct training and education services as are required to ensure the maximum possible professionalism and competence of firefighters in Arkansas; and (3) The Rural Fire Protection Service of the Arkansas Forestry Commission, which shall provide refurbished and repaired vehicles and other equipment for firefighting operations and which provides technical assistance and guidance to rural fire protection districts.

(1) The Arkansas law enforcement officers, who are responsible for providing the services and functions related to the investigation of arson and enforcement of arson laws and other functions as may be specified by law;

(2) The Arkansas Fire Training Academy, which shall provide fire services and adjunct training and education services as are required to ensure the maximum possible professionalism and competence of firefighters in Arkansas; and

(3) The Rural Fire Protection Service of the Arkansas Forestry Commission, which shall provide refurbished and repaired vehicles and other equipment for firefighting operations and which provides technical assistance and guidance to rural fire protection districts.

(d) All state agencies involved in fire services, including the State Fire Marshal, the Arkansas Fire Training Academy, and the Rural Fire Protection Service, and all fire services agencies of local governments shall cooperate to the fullest extent possible with the office in the performance of their duties and functions under this subchapter.

Amended by Act 2023, No. 841,§ 43, eff. 7/1/2023.

Amended by Act 2023, No. 841,§ 42, eff. 7/1/2023.

Acts 1993, No. 1303, § 4.
Ark. Code Ann. § 20-10-213 — AR Code / Title 20 / Chapter 10 / Subchapter 2 / Section 20-10-213
Definitions for sections 20-10-213 - 20-10-228
Status: in_force

As used in this section and §§ 20-10-214 - 20-10-228 : (1) "Department" means the Department of Human Services; (2) "Director" means the Director of the Office of Long-Term Care; (3) "Federal act" means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended; (4) (A) (i) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor's suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours. (ii) "Institution" also includes an outpatient surgery center and an alcohol and drug abuse treatment center. (B) No establishment operated by the United States Government or an agency thereof is within this definition; (5) (A) "Long-term care facility" means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment. (B) "Long-term care facility" does not include: (i) The offices of private physicians and surgeons; (ii) Hospitals; (iii) Recuperation centers; (iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services; (v) Institutions operated by the United States Government; (vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or (vii) Hospices; (6) "Medical facility" means a diagnostic or diagnostic and treatment center, a rehabilitation facility, or a nursing home as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law; (7) "Office" means the Office of Long-Term Care; and (8) "Surgeon General" means the United States Surgeon General. Amended by Act 2017, No. 540,§ 38, eff. 8/1/2017. Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1993, No. 909, § 1; 1993, No. 1090, § 2; 1993, No. 1102, § 1; 1997, No. 1028, § 2; 2001, No. 91, § 1; 2001, No. 465, § 1; 2005, No. 2191, § 4.

As used in this section and §§ 20-10-214 - 20-10-228 :

(1) "Department" means the Department of Human Services;

(2) "Director" means the Director of the Office of Long-Term Care;

(3) "Federal act" means the Hospital Survey and Construction Act, Pub. L. No. 79-725, as amended;

(4) (A) (i) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor's suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours. (ii) "Institution" also includes an outpatient surgery center and an alcohol and drug abuse treatment center. (B) No establishment operated by the United States Government or an agency thereof is within this definition;

(A) (i) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor's suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours. (ii) "Institution" also includes an outpatient surgery center and an alcohol and drug abuse treatment center.

(i) "Institution" means a place for the diagnosis, treatment, or care of two (2) or more persons not related to the proprietor's suffering from illness, injury, or deformity or where obstetrical care or care of the aged, blind, or disabled is rendered over a period exceeding twenty-four (24) hours.

(ii) "Institution" also includes an outpatient surgery center and an alcohol and drug abuse treatment center.

(B) No establishment operated by the United States Government or an agency thereof is within this definition;

(5) (A) "Long-term care facility" means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment. (B) "Long-term care facility" does not include: (i) The offices of private physicians and surgeons; (ii) Hospitals; (iii) Recuperation centers; (iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services; (v) Institutions operated by the United States Government; (vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or (vii) Hospices;

(A) "Long-term care facility" means any building, structure, agency, institution, or other place for the reception, accommodation, board, care, or treatment of more than three (3) unrelated individuals who because of age, illness, blindness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves and where a charge is made for that reception, accommodation, board, care, or treatment.

(B) "Long-term care facility" does not include: (i) The offices of private physicians and surgeons; (ii) Hospitals; (iii) Recuperation centers; (iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services; (v) Institutions operated by the United States Government; (vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or (vii) Hospices;

(i) The offices of private physicians and surgeons;

(ii) Hospitals;

(iii) Recuperation centers;

(iv) Supervised or supported living apartments, group homes, family homes, or developmental day treatment clinics for individuals with developmental disabilities operated by providers licensed by the Division of Developmental Disabilities Services of the Department of Human Services;

(v) Institutions operated by the United States Government;

(vi) Separate living arrangements that do not involve monitoring the activities of the residents while on the premises of the institution or facility to ensure the residents' health, safety, or well-being and that do not involve the institution or facility's being aware of the residents' general whereabouts; or

(vii) Hospices;

(6) "Medical facility" means a diagnostic or diagnostic and treatment center, a rehabilitation facility, or a nursing home as these terms are defined in the federal act, and any other medical facility for which federal aid may be authorized under federal law;

(7) "Office" means the Office of Long-Term Care; and

(8) "Surgeon General" means the United States Surgeon General.

Amended by Act 2017, No. 540,§ 38, eff. 8/1/2017.

Acts 1961, No. 414, § 2; 1971, No. 258, § 1; 1975, No. 190, §§ 1, 2; 1977, No. 536, §§ 1, 2; 1985, No. 980, §§ 1, 2; A.S.A. 1947, § 82-328; Acts 1993, No. 909, § 1; 1993, No. 1090, § 2; 1993, No. 1102, § 1; 1997, No. 1028, § 2; 2001, No. 91, § 1; 2001, No. 465, § 1; 2005, No. 2191, § 4.
Ark. Code Ann. § 20-24-105 — AR Code / Title 20 / Chapter 24 / Section 20-24-105
Elevator Safety Board - Creation - Members
Status: in_force

(a) There is created the Elevator Safety Board, consisting of six (6) members, one (1) of whom shall be the Secretary of the Department of Labor and Licensing or his or her designee, who shall serve continuously, and five (5) of whom shall be appointed by the Governor for terms of four (4) years. (b) Upon the death, resignation, or incapacity of any member, the Governor shall fill the vacancy, for the remainder of the unexpired term, with a representative of the same interests as those of his or her predecessor. (c) Of the five (5) members appointed by the Governor: (1) One (1) shall be a representative of the owners and lessees of elevators within this state; (2) One (1) shall be a representative of the manufacturers of elevators used within this state; (3) One (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state; (4) One (1) shall be a representative of the public at large; and (5) One (1) shall be appointed by the Governor after consulting with the board of trustees of the Elevator Industry Work Preservation Fund and subject to confirmation by the Senate. (d) The board shall meet at the call of the secretary who shall designate in the call the time and place of the meeting. (e) The members except the secretary may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 311,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5470, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5469, eff. 7/1/2019. Amended by Act 2015, No. 1100,§ 51, eff. 7/22/2015. Acts 1963, No. 189, § 2; A.S.A. 1947, § 82-1802; Acts 1997, No. 250, § 197; 2007, No. 1000, § 1.

(a) There is created the Elevator Safety Board, consisting of six (6) members, one (1) of whom shall be the Secretary of the Department of Labor and Licensing or his or her designee, who shall serve continuously, and five (5) of whom shall be appointed by the Governor for terms of four (4) years.

(b) Upon the death, resignation, or incapacity of any member, the Governor shall fill the vacancy, for the remainder of the unexpired term, with a representative of the same interests as those of his or her predecessor.

(c) Of the five (5) members appointed by the Governor: (1) One (1) shall be a representative of the owners and lessees of elevators within this state; (2) One (1) shall be a representative of the manufacturers of elevators used within this state; (3) One (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state; (4) One (1) shall be a representative of the public at large; and (5) One (1) shall be appointed by the Governor after consulting with the board of trustees of the Elevator Industry Work Preservation Fund and subject to confirmation by the Senate.

(1) One (1) shall be a representative of the owners and lessees of elevators within this state;

(2) One (1) shall be a representative of the manufacturers of elevators used within this state;

(3) One (1) shall be a representative of an insurance company authorized to insure the operation of elevators in this state;

(4) One (1) shall be a representative of the public at large; and

(5) One (1) shall be appointed by the Governor after consulting with the board of trustees of the Elevator Industry Work Preservation Fund and subject to confirmation by the Senate.

(d) The board shall meet at the call of the secretary who shall designate in the call the time and place of the meeting.

(e) The members except the secretary may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 311,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5470, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5469, eff. 7/1/2019.

Amended by Act 2015, No. 1100,§ 51, eff. 7/22/2015.

Acts 1963, No. 189, § 2; A.S.A. 1947, § 82-1802; Acts 1997, No. 250, § 197; 2007, No. 1000, § 1.